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PLANNING APPLICATIONS COMMITTEE

Date: Tuesday 19 September 2017

Time: 7.00 pm

Venue: Main Hall - Karibu Education Centre, 7 Gresham Road, SW9 7PH

Copies of agendas, reports, minutes and other attachments for the Council’s meetings are available on
the Lambeth website. www.lambeth.gov.uk/moderngov

Members of the Committee

Councillor Malcolm Clark, Councillor Nigel Haselden, Councillor Luke Murphy (Substitute), Councillor
Mohammed Seedat, Councillor Joanne Simpson (Vice-Chair) and Councillor Clair Wilcox (Chair)

Substitute Members

Councillor Liz Atkins, Councillor Anna Birley, Councillor Jennifer Brathwaite, Councillor Tim Briggs, Mayor
Marcia Cameron, Councillor Jane Edbrooke, Councillor Robert Hill, Councillor Ben Kind, Councillor Luke
Murphy, Councillor Louise Nathanson, Councillor Jane Pickard and Councillor Sonia Winifred

Further Information

If you require any further information or have any queries please contact:
Maria Burton, Telephone: 020 7926 8703; Email: MBurton2@lambeth.gov.uk

Members of the public are welcome to attend this meeting. If you have any specific needs please contact
Facilities Management (020 7926 1010) in advance.

Queries on reports

Please contact report authors prior to the meeting if you have questions on the reports or wish to inspect
the background documents used. The contact details of the report author are shown on the front page of
each report.

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Services (members of the press please contact the Press Office). Please note that the Chair of the
meeting has the discretion to halt any recording for a number of reasons including disruption caused by
the filming or the nature of the business being conducted.

Persons making recordings are requested not to put undue restrictions on the material produced so that it
can be reused and edited by all local people and organisations on a non-commercial basis.

Representation

Ward Councillors (details via the website www.lambeth.gov.uk or phone 020 7926 2131) may be
contacted at their surgeries or through Party Group offices to represent your views to the Council:
(Conservatives 020 7926 2213) (Labour 020 7926 1166).

Security

Please be aware that you may be subject to bag searches and asked to sign in at meetings that are held
in public. Failure to comply with these requirements could mean you are denied access to the meeting.
There is also limited seating which is allocated on a first come first serve basis, you should aim to arrive at
least 15 minutes before the meeting commences. For more details please visit: our website.

Please contact Democratic Services for further information – 020 7926 2170 – or the number on the front
page.
While the Town Hall is closed meetings will take place at the Karibu Education Centre or International
House. Please refer to the front page of this agenda to see meeting location.

Karibu Education Centre, 7 Gresham Rd, London SW9 7PH

International House, Canterbury Crescent, London SW9 7QE


AGENDA

PLEASE NOTE THAT THE ORDER OF THE AGENDA MAY BE CHANGED AT THE MEETING

Page
Nos.
1. Declaration of Pecuniary Interests

Under Standing Order 4.4, where any councillor has a Disclosable


Pecuniary Interest (as defined in the Members’ Code of Conduct (para. 4))
in any matter to be considered at a meeting of the Council, a committee,
sub-committee or joint committee, they must withdraw from the meeting
room during the whole of the consideration of that matter and must not
participate in any vote on that matter unless a dispensation has been
obtained from the Monitoring Officer.

2. Minutes 1-8

To agree minutes of the meeting held on 18 July 2017.

Town & Country Planning Act (1990), The Planning & Compensations Act
(1991), The Town & Country Planning (Control of Advertisement)
Regulations (1992), The Planning (Listed Buildings and Conservation
Areas) Act (1990), The Town & Country Planning General Regulations
(1990), The Rush Common Act 1806 and related legislation: Applications

For information on documents used in the preparation of the reports


contact the Planning Advice Desk, Tel: 020 7926 1180.

3. Allen Edwards Primary School (Stockwell) 17/01473/FUL 9 - 54

Officer’s recommendations:

i. Resolve to grant conditional planning permission subject to


completion of an agreement under Section 106 of the Town and
Country Planning Act 1990 for the obligations listed in this
report.
ii. Agree to delegate authority to the Assistant Director of Planning,
Transport and Development to finalise the recommended
conditions and section 106 legal agreement as set out in this
report.
iii. In the event that the committee resolves to refuse planning
permission and there is a subsequent appeal, delegated
authority is given to officers, having regard to the heads of terms
set out in the report, to negotiate and complete a document
containing obligations pursuant to Section 106 of the Town and
Country Planning Act 1990 in order to meet the requirement of
the Planning Inspector.

4. Winter Festival, South Bank Centre (Bishops) 17/03469/FUL, 55 - 92


17/03612/LB and 17/03566/ADV

17/03469/FUL Officer’s recommendations:


1. Resolve to grant conditional planning
permission.

2. Agree to delegate authority to the Director


of Planning and Development to finalise the recommended
conditions as set out in this report.

17/03612/LB Officer’s recommendations:

1. Resolve to grant conditional listed building consent.

2. Agree to delegate authority to the Director of Planning and


Development to finalise the recommended conditions as set out in
this report.

17/03566/ADV Officer’s recommendations:

1. Resolve to grant conditional express advertisement consent.

2. Agree to delegate authority to the Director of Planning and


Development to finalise the recommended conditions as set out in
this report.

5. 7 Lollard Street (Princes) 17/03034/FUL 93 - 136

Officer’s recommendations:

1. Resolve to grant conditional planning permission subject to the


completion of an agreement under Section 106 of the Town and Country
Planning Act 1990 to secure the planning obligations listed in this report.

2. Agree to delegate authority of the Director of Planning and Development


to:

- Finalise the recommended conditions as set out in this report; and


- Negotiate, agree and finalise the planning obligations as set out in
this report pursuant to Section 106 of the Town and Country
Planning Act 1990.

3. In the event that the committee resolves to refuse planning permission


and there is a subsequent appeal, delegated authority is given to officers,
having regard to the heads of terms set out in the report, to negotiate and
complete a document containing obligations pursuant to Section 106 of the
Town and Country Planning Act 1990 in order to meet the requirement of
the Planning Inspector.

4. Delegate authority to the Director of Planning and Development to refuse


planning permission in the event that the Section 106 Agreement is not
completed within 4 months of Committee (or an alternative timeframe
agreed with the LPA) for failure to enter into a section 106 agreement for
the mitigating obligations identified in the report and to defend any
subsequent appeal.

6. 452 - 456 Brixton Road (Ferndale) 16/06053/FUL 137 - 234


Officer’s recommendations:

1. Resolve to grant conditional planning permission subject to


completion of an agreement under Section 106 of the Town and
Country Planning Act 1990 for the planning obligations listed in this
report.

2. Agree to delegate authority of the Director of Planning and


Development to finalise the recommended conditions as set out in
this report; and negotiate, agree and finalise the planning obligations
as set out in this report pursuant to Section 106 of the Town and
Country Planning Act 1990.

3. In the event that the committee resolves to refuse planning


permission and there is a subsequent appeal, delegated authority is
given to officers, having regard to the heads of terms set out in the
report, to negotiate and complete a document containing obligations
pursuant to Section 106 of the Town and Country Planning Act 1990
in order to meet the requirements of the Planning Inspector.

4. Delegate authority to the Director of Planning and Development to


refuse planning permission in the event that the Section 106
Agreement is not completed within 4 months of Committee (or an
alternative timeframe agreed with the LPA) for failure to enter into a
section 106 agreement for the mitigating obligations identified in the
report and to defend any subsequent appeal.

7. 516 - 522 Streatham High Road (Streatham South) 16/05949/FUL 235 - 290

Officer’s recommendations:

1. Resolve to grant conditional planning permission subject to the


satisfactory completion of an agreement pursuant to Section 106 of
the Town and Country Planning Act 1990 as set out in this report.

2. Agree to delegate authority of the Director of Planning and


Development to:

a. Finalise the recommended conditions as set out in this report; and


b. Negotiate, agree and finalise the planning obligations as set out in
this report pursuant to Section 106 of the Town and Country Planning
Act 1990.

3. Delegate authority to the Assistant Director of Planning and


Development to refuse planning permission in the event that the
Section 106 Agreement is not completed by 31 October 2017 (or an
alternative timeframe agreed with the LPA) on the grounds that the
development would have an unacceptable impact on – affordable
housing; transport and highways; sustainability and local labour in
construction.

4. In the event that the committee resolves to refuse planning


permission and there is a subsequent appeal, delegated authority is
given to Officers, having regard to the heads of terms set out in the
report, to negotiate and complete a Section 106 Agreement in order
to meet the requirements of the Planning Inspector.

8. Rising Sun House, 133 Vauxhall Street (Princes) 16/06169/FUL 291 - 334

Officer’s recommendations:

Resolve to grant conditional planning permission.

Agree to delegate authority to the Director of Planning and


Development to:

1. Finalise the recommended conditions as set out in this report


including such refinements, amendments, additions and/or deletions
as the Director of Planning and Development considers reasonably
necessary;

2. Negotiate, agree and finalise the planning obligations pursuant to


section 106 of the Town and Country Planning Act 1990, including
refining, adding to, amending and/or deleting the obligations detailed
in the heads of terms as the Director of Planning and Development
considers reasonably necessary; and

3. Complete the planning obligations referred to above. In the event


that the committee resolves to refuse planning permission and there
is a subsequent appeal, delegated authority is given to officers,
having regard to the heads of terms set out in the report, to negotiate
and complete a Section 106 agreement in order to meet the
requirements of the Planning Inspector.
PLANNING APPLICATIONS COMMITTEE (PAC) FAQs - YOUR QUESTIONS ANSWERED

1 Who sits on the PAC?


The Council has established a PAC, which consists of seven Councillors (elected members).

2 Where and when do PAC meetings take place?


Meetings are usually held at the Karibu Education Centre, 7 Gresham Rd, London SW9 7PH.
However, the Town Hall is closed, PAC will be held in a number of different venues across the
borough. Please therefore ensure that you check the front page of the agenda pack before every
meeting.

The meetings are normally held on a Tuesday evening at 7pm, one or two times a month and are
listed on the Council’s calendar of meetings at:
http://www.lambeth.gov.uk/moderngov/mgCalendarMonthView.asp?GL=1&bcr=1

3 Can I attend PAC meetings?


Yes. All PAC meetings are open to the press and public although on rare occasions the Committee
may discuss a matter in private.

4 How can I get a copy of any reports to be considered by PAC?


The officer reports on applications to be considered are circulated to PAC Members and published
on the Council’s website a week before the meeting. Papers for meetings can be viewed at:
http://www.lambeth.gov.uk/moderngov/ieListMeetings.aspx?CommitteeId=600
A limited number of hard copies are also available from Democratic Services at the meeting.

5 Can I make written representations to the PAC meeting?


Yes. Written representations, including any letters, petitions or photos should be:
 Sent to the relevant case officer listed on the front page of the officer report preferably by
email.
 Sent by 12 noon two clear working days before the meeting. Meetings are normally on a
Tuesday, so the deadline would be 12 noon by the Thursday before the meeting.

6 Can I speak at PAC meetings?


Yes. Up to three supporters (including applicants), three objectors and the Ward Members can
address the meeting at the Committee’s discretion for a maximum of two minutes each.

You must register your wish to speak on any application by telephoning Democratic Services on 020
7926 8703 or emailing democracy@lambeth.gov.uk by 12 noon on the last working day before
the meeting. You will be required to supply in writing an outline of the points you wish to
raise at the meeting. If you telephone, Democratic Services will record these points.

Where the number of requests to speak exceeds three, and/or it is clear the speakers wish to make
similar points, like-minded speakers will be asked to liaise with each other so that all the points can
be raised succinctly.

7 Does the PAC consider applications in the order listed on the agenda?
Not necessarily. The order of business is determined at the meeting taking into consideration:

1. Applications which are withdrawn or which officers recommend should be deferred.


2. Applications where there are no notified speakers present wishing to address the committee
and members have no questions to ask the applicant or officers.
3. Applications which have been deferred from a previous meeting or have been the subject of a
site visit.
4. Applications for developments which would be in receipt of public funding and which are
subject to deadlines affecting delivery and other applications subject to specific deadlines.
5. Applications regarded as a priority due to the large number of people present, or where
applicants, objectors or other members of the public have special requirements.
8 What is the process for considering an application at the meeting?
Officers will introduce each application with a brief presentation which will usually include drawings
and photographs of the application site. The Committee will then hear from and question all
interested parties. Any registered objectors will speak first with applicants having the right of reply.
The merits of the application are considered taking into account the views of the interested parties
and planning officers before the committee reaches a decision.

9 What time does the meeting come to an end?


The meeting will be conducted in a business-like fashion and the Committee will endeavour to deal
with reports as quickly as possible.

However if there is a lot of outstanding business at 9.00pm the Chair will advise the meeting if and
how the timetable for the meeting has to be revised, in order to deal with remaining business and
finish the meeting at 10.00pm. At 10.00pm, if the meeting has not ended, the meeting will decide
which business can be completed by 10.45pm and any business not reached by that time will be
deferred to the next meeting.

10 What are site visits?


Site visits are arranged by Planning Officers to allow members of the PAC to observe the site and
gain a better understanding of the impact of the proposal. The decision of whether to have a site
visit is made by the Chair of the committee in consultation with the Director of Planning and
Development.

11 When do site visits take place and can I attend?


Site visits will normally take place on the Saturday morning immediately prior to the committee which
will consider the application. An alternative date can be arranged with the agreement of the Chair.
Other than for reasons of access, the arrangements for site visits will not normally be publicised or
made known to applicants, agents or third parties except in exceptional circumstances. Objectors
are not invited to site visits except in exceptional circumstances.

For more information please see the ‘Protocol for Members of the Planning Applications Committee’
in the Council Constitution.

12 If I am unable to attend the PAC meeting, how can I find out the decision?
Decisions will be posted on Twitter from @lbldemocracy immediately as the decision is taken. You
can also contact Democratic Services by telephone or email. The minutes from the meeting will also
be available on the Council’s website approximately five clear working days after the meeting.
Planning officers will send the applicant and any interested parties who have made written
representations formal notification of the Committee decision.

13 Can I listen to PAC online?


Yes! You can now listen to the any meeting of the PAC live via the council’s website. Simply go to
the specific meeting webpage (via the main PAC webpage) and tune in from the start of the
meeting. You can also listen back to previous meetings via the same method.

14 What is the addendum?


Sometimes planning officers are required to make amendments or add further information to
planning reports after the main agenda pack has been published. These changes will be
documented in an addendum (published the Friday before the meeting), and if necessary a second
addendum (published the day of the meeting). All addenda can be reviewed online as soon as it is
published and hard copies are made available for members of the public at the meeting.

15 Where can I get further information or advice?


If you would like further information or advice, please contact:
(a) Town Planning Advice Desk: Tel: 020 7926 1180, Email: planning@lambeth.gov.uk
(b) Town Planning Webpage: http://www.lambeth.gov.uk/Services/HousingPlanning/Planning/
(c) Democratic Services: Tel: 020 7926 8703, Email: democracy@lambeth.gov.uk
Guide to Use Classes Order in England (May 2013)

The table below is intended as a general guide. Reference needs to be made to the Town and Country
Planning (Use Classes)

Classes Use/Description Permitted change


Mixed use as A1 and up
Shops, retail warehouses, hairdressers, undertakers,
to 2 flats above.
A1 travel and ticket agencies, post offices, pet shops,
Temporary permitted
Shops sandwich bars, showrooms, domestic hire shops, dry
change (2 years) for up
cleaners, funeral directors and internet cafes.
to 150sqm to A2, A3, B1.
To A1 where there is a
display window at ground
A2 Financial services such as banks and building societies, floor level and to mixed-
Financial & professional services (other than health and medical use as A2 and up to 2
professional services) including estate and employment agencies and flats above.
services betting offices. Temporary permitted
change (2 years) for up
to 150sqm to A1, A3, B1.
To A1 where there is a
display window at ground
A3
For the sale of food and drink for consumption on the floor level, and A2.
Restaurants &
premises - restaurants, snack bars and cafes. Temporary permitted
cafés
change (2 years) for up
to 150sqm to A1, A2, B1.
To A1, A2 or A3.
A4 Temporary permitted
Public houses, wine bars or other drinking
Drinking change (2 years) for up
establishments (not night clubs).
establishments to 150sqm to A1, A2, A3,
B1.
To A1, A2 or A3.
A5 Temporary permitted
Hot food For the sale of hot food for consumption off the premises. change (2 years) for up
takeaways to 150sqm to A1, A2, A3,
B1.
To B8 subject to total
floorspace being no
greater than 500sqm.
B1(a) permitted change
to C3 subject to: prior
approval process;
a) Office other than a use within Class A2.
B1 previous use timings;
b) Research and development of products or processes.
Business limitations and exempt
c) Light industry appropriate in a residential area. areas (until 30.05.16).
Temporary permitted
change (2 years) for up
to 150sqm to A1, A2, A3.
To state-funded school,
subject to prior approval.
To B1 and B8. Permitted
Use for industrial process other than one falling within
B2 change to B8 is subject
class B1 (excluding incineration purposes, chemical
General industrial to total floorspace being
treatment or landfill or hazardous waste).
no greater than 500sqm.
B8 To B1 subject to total
This class includes open air storage.
Storage or floorspace being no
distribution greater than 500sqm.
C1 Hotels, boarding and guest houses where no significant To state-funded school,
Hotels element of care is provided (excludes hostels). subject to prior approval.
C2 Residential care homes, hospitals, nursing homes,
To state-funded school,
Residential boarding schools, residential colleges and training
subject to prior approval.
institutions centres.
Prisons, young offenders’ institutions, detention centres,
C2A
secure training centres, custody centres, short term To state-funded school,
Secure residential
holding centres, secure hospitals, secure local authority subject to prior approval.
institutions
accommodation or use as a military barracks.
Use as a dwellinghouse: a) A single person or by people
to be regarded as forming a single household; b) Not
more than six residents living together as a single
C3
household where care is provided for residents; c) Not To C4.
Dwellinghouses
more than six residents living together as a single
household where no care is provided to residents (other
than use within Class C4).
Small shared houses occupied by 3-6 unrelated
C4
individuals, as their only or main residence, who share
Houses in
basic amenities such as a kitchen or bathroom. NB Large To C3.
multiple
HMOs (more than 6 people) are unclassified and
occupation
therefore sui generis.
Clinics, health centres, crèches, day nurseries, day
Temporary permitted
D1 centres, schools, art galleries (other than for sale or hire),
change (2 years) for up
Non-residential museums, libraries, halls, places of worship, church
to 150sqm to A1, A2, A3,
institutions halls, law court. Non residential education and training
B1.
centres.
To state-funded school,
Cinemas, music and concert halls, bingo and dance halls
subject to prior approval.
D2 (but not night clubs), swimming baths, skating rinks,
Temporary permitted
Assembly and gymnasiums or area for indoor or outdoor sports and
change (2 years) for up
leisure recreations (except for motor sports, or where firearms
to 150sqm to A1, A2, A3,
are used).
B1.
Sui Generis Includes theatres, large houses in multiple occupation,
hostels providing no significant element of care, scrap
Uses that do not
yards, petrol filling stations and shops selling and/or No permitted change
fall
displaying motor vehicles, retail warehouse clubs, except casino to D2.
within a specified
nightclubs, launderettes, taxi businesses, amusement
class centres and casinos.
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Page 1 Agenda Item 2

PAC
PLANNING APPLICATIONS COMMITTEE

Tuesday 18 July 2017 at 7.00 pm

MINUTES
PRESENT: Councillor Liz Atkins (Substitute), Councillor Malcolm Clark,
Councillor Nigel Haselden, Councillor Robert Hill (Substitute),
Councillor Joanne Simpson (Vice-Chair) and Councillor Clair Wilcox
(Chair)

APOLOGIES: Councillor Diana Morris and Councillor Mohammed Seedat

ALSO PRESENT: Councillor Kevin Craig

1. DECLARATION OF PECUNIARY INTERESTS


There were none.

2. MINUTES
RESOLVED: That the minutes of the previous meeting held on 20 June
2017 be approved and signed by the Chair as a correct record of the
proceedings.

The Chair announced a provisional timetable for the meeting in


accordance with Standing Order 9.9.1.

3. 70 KINGSMEAD ROAD (STREATHAM HILL) 15/06299/FUL


Case No. 15/06299/FUL (agenda item three, page seven of the agenda
pack and page one of the second addendum).

The Planning Officer gave a presentation which included a summary of the


report and subsequent addendum that had been published on the day of
the meeting. Members were advised of the key material planning issues for
consideration which included the change of use from C3 to B8, the
proposed height and size of the scheme, the poor state of repair of the
existing garages and the distance from neighbouring properties. Members
were shown images of the site, the entrance and access road and CGI
plans of the scheme, and were reminded that issues of land ownership
were not a material planning consideration. The Planning Officer
explained the enforcement process and advised Members of relevant
enforcement procedures. A site visit had taken place.

Following the officer’s presentation, the objectors raised the following


Page 2

concerns:
 The applicant had been asked to provide a Construction
Management Plan (CMP) when the application had previously been
presented at PAC in August 2016. This had not yet been done.
 No information had yet been provided on how other owners of
garages would be able to access garages during construction or
how the movement of earth from digging out the basement would
be done.
 It was not clear why the garages would need to be classed as B8
when a personal collection would be stored there.
 There was a risk of fire from the storage of flammable liquids and
the possibility of a diesel generator on site. Fire engines could not
access the site.
 The environmental survey relied on by the applicant made no
reference to the natural springs around the site and their effect on
neighbouring properties or the potential flooding caused by
removing earth in the excavation of a basement.
 Residents were not opposed to the rebuilding or renovation of the
garages, but did not see the need for a basement or pitched roof.
 The peace and quiet of neighbouring properties would be disturbed
contrary to Local Plan policy Q2.

Councillor Liz Atkins then spoke against the application as a Ward


Councillor for Streatham Hill, stating that:
 The development would have an adverse effect on amenity,
privacy, peace and quiet and flooding.
 The proposed size of the building, the inclusion of a basement and
pitched roof and the provision of a letter box suggested that it would
be used for a storage rather than just motorcycles.
 The narrow access road posed a real danger in the event of fire, as
fire engines would not be able to reach the building.
 The applicant had stated that he would repave the access road,
despite not being able to do so as he did not own the road.
 There would be no electricity in the garage and no permission to
run cables along the access road. If the applicant wanted to have
electricity in the building, a generator would be required.

Officers then provided the following information in response to questions


from Members:
 The NPPF suggested that conditions be imposed to overcome
problems associated with development, such as construction.
Conditions needed to meet the six tests set out in the NPPF.
 As the garages were ancillary to residential use, the loss of C3
space was not considered to be a loss of residential floorspace.
 Conditions would be imposed removing permitted development
rights for change of use, making the permission personal to the
applicant and limiting the use to the storage of a private collection
of motorcycles. These conditions would adequately safeguard the
use of the development. The change of use to B8 was necessary
as the development would solely be used for storage. Any use
other than for private storage would require planning permission
and any application would have to be judged on its own merits.
 The existing block of garages was associated with nearby
residential properties, but as the development would be used for
storing vehicles it would no longer be classed as C3.
 The London Fire Brigade’s (LFB) comments were included in
Page 3

paragraph 6.5.12. It had no objection to the proposed


development. It was deemed acceptable to store petroleum as
would be expected with the storage of vehicles. Other legislation
covered the storage of petroleum and was not a planning
consideration. As the nearest property was 28 metres away from
the site, no further mitigations against noise were considered
necessary. Further permission would be required to install a
generator.
 It would be the role of enforcement officers to decide how to
prioritise any reported breach of conditions. The potential allocation
of resources in the future should not impact the Committee’s
decision.
 The CMP was a pre-commencement condition, meaning that if an
appropriate CMP was not presented, the scheme could not be
implemented.
 While the applicant had provided a CMP this had not been
approved and it was recommended that a condition (Condition 12)
be imposed requiring the approval of a CMP prior to
commencement.
 Condition 12 could be amended to include reference to an
excavator.
 Arboricultural officers were aware of the application and had not
raised any issues. There were limited powers available to the
Council to protect trees that were not in a conservation area.
 It was not for the Committee to speculate on how a condition could
be met.

The Committee considered points raised by speakers and information


provided by officers in conjunction with the report before making the
following observations:
 The concerns raised by residents had been addressed by the
recommended conditions, including making the permission
personal to the applicant and removing permitted development
rights. However, the lack of an acceptable CMP was an issue. If
the application was approved, condition 12 should be referred back
to the PAC for approval by Members.
 The reasons for requiring change of use from C3 to B8 were
understandable, but permission would be needed for change of use
back to C3. There was also potential conflict with policy H3.
 Officers had done considerable work to allay fears that the
application would allow commercial use. If there was any non-
compliance then enforcement action should be taken.
 More information from the LFB around why exceeding the 45 metre
maximum distance was deemed acceptable would have been
beneficial.
 Condition 12 should be amended to include reference to
excavators.

It was MOVED by Councillor Wilcox, SECONDED by Councillor Clark, and

RESOLVED, unanimously

To GRANT planning permission subject to the conditions as outlined in the


officer’s report and published addendum and the following:
i. Amendment to condition 12 to include details of any excavation and
construction plant.
Page 4

ii. Condition 12 to be referred back to the PAC to be discharged.

4. ARCHBISHOP'S PARK, LAMBETH PALACE ROAD (BISHOPS)


17/02067/FUL
Case No. 17/02067/FUL (agenda item four, page 39 of the agenda pack,
page one of the addendum and page seven of the second addendum).

The Planning Officer gave a presentation which included a summary of the


report and subsequent addenda that had been published on Friday 14 July
2017 and the day of the meeting. Members were advised of the key
material planning issues for consideration which included the temporary
nature of the application, the restricted areas comprising approximately 3%
of the park, the acceptability of the land use, the impact on heritage assets,
the impact on nature and biodiversity, the public benefits of the scheme,
the amenity impact on existing park users, the amenity impact on other
surrounding uses and the impact on the transport network. Officers were
of the opinion that while there would be harm to heritage assets,
specifically the Lambeth Palace conservation area, the level of harm would
be less than substantial, and the public benefits outweighed the harm.
Concessions, such as the removal of advertising, music and lighting, and a
reduction in the number of zip line from four to three, had been secured.
Members were shown images of the location, the application site, the
towers and views of the site from a number of vantage points. Members
were informed that the zip line was currently in operation under the
permitted 28 days for temporary use, but that this should not influence their
decision.

Following the officer’s presentation, the objectors raised the following


concerns:
 Archbishop’s Park was south London’s oldest open space. 600m2
of the park would be restricted during the operational period.
 90% of nearby residents lived in flats and the park was the only
green space in the area. The application did not meet policy Q2 as
it reduced amenity space.
 The Evelina Hospital and nearby residents would be negatively
affected.
 The noise from zip line users would discourage people taking their
children to the park.
 There would be substantial harm to heritage assets.
 The zip line was exclusionary as children, people with certain
medical conditions and people who did not have enough money
would not be able to use the zip line.

The applicant and agent then provided the following information in support
of the application:
 The applicant had worked to ensure inclusion. Ronald McDonald
House and the Evelina Hospital supported the application.
 The number of lines had further been reduced to two, limiting the
number of users per hour to 60.
 51 jobs had been created through the scheme. Free tickets would
be given to local charities.
 There were no ambitions to make the zip line permanent. Lambeth
had one of the youngest populations in the UK and the zip line
would be appealing to young people.
 Green mesh had been ordered and would be placed on the exterior
Page 5

of the towers.
 The applicant had worked with officers to ensure that concerns
were addressed. The zip line would not interfere with existing park
facilities or mature trees, and effort had been made to minimise the
impact on day-to-day park activities.
 No objections had been received from statutory consultees,
including Heritage England.
 The public benefits of the application outweighed the less than
substantial harm to heritage assets having given such harm
considerable importance and weight.

Councillor Kevin Craig then spoke against the application as a Ward


Councillor for Bishop’s, stating that:
 The public benefits of the scheme were contentious. For example,
it was not clear whether Lambeth residents were employed at the
zip line.
 Views of the conservation area would be harmed, as would vantage
points of the world heritage site at Westminster. The application
was out of keeping with the area.
 An Evening Standard article had quoted the applicant saying that
he wanted the zip line to become an annual event.
 The high cost of the zip line would limit access for families.
 The application raised wider questions about what parks should be
used for.

Officers then provided the following information in response to questions


from Members:
 While the zip line traversed the park from north to south, a large
area of the park would be unaffected and the day-to-day uses of the
park would not be compromised.
 There was little that could be done to mitigate noise from users, but
other concessions around lighting, music and advertising had been
secured.
 The closest residential area was York House, at the mid-section of
the scheme. Other sensitive noise receptors, such as the Evelina
Hospital, had been considered. The distances between the
scheme and sensitive noise receptors were considered sufficient.
 Given the temporary nature of the application and the concessions
secured, officers considered that park users would not be
compromised and policy Q2 would not be breached.
 The application had been assessed on there being three zip lines.
 The income to the Council had not been included in the public
benefits as it was outside the planning remit. The park event permit
cost £34,000, there was a park investment levy of £7,830 and a
refundable damage deposit of £5,000.
 There were 51 staff in total: eight based in the office and 43 based
on site. The applicant had sought to employ local people, such as
by recruiting through local consultation and targeting recruitment to
the local area. Two employers lived in the ward.
 The application stated that the application was one-off, and it had to
be judged on its own merits. If another application was made in the
future, officers would be able to work with other departments to
assess the success of this year’s scheme.
 Following work with Transport officers, relying on existing docking
stations and cycle parking had been deemed insufficient. The
second addendum included a proposal to provide ten cycle parking
Page 6

spaces at the landing tower.

The applicant and agent provided the following information in response to


questions from Members:
 Background noise had been professionally measured before the zip
line was operational to know the baseline noise level. Noise would
be measured in the coming weeks to assess the difference.
 If a zip line user needed a carer, the carer would ride for free.
Many neighbours had been given free or discounted tickets.
 There were 15 staff on site at any time. There were currently 43
staff based on-site and more staff would be recruited. There had
been extensive advertising locally and the same strategy would be
used for future recruitment.
 Postcodes and other information would be captured through the
online booking system, which could be shared with officers subject
to data protection legislation.
 Lighting would not be used. The park closed 15 minutes before
sunset, constraining the hours of operation and removing the
possibility of needing lighting.
 The green mesh would enclose all sides of the towers, with the only
open sides being where the zip wires were located. There would
be no static views from the towers. If the colour of the ballast was a
concern, green meshing could be added to the columns.

The Committee considered points raised by speakers and information


provided by officers in conjunction with the report before making the
following observations:
 The harm to heritage assets were less than substantial, and the
public benefits outweighed any harm. The financial contribution to
the park and the wider Council, while not a planning consideration,
was beneficial.
 There could be a role for councillors to enable local people to find
jobs at the zip line.
 Opening up parks to other uses was positive and would allow more
people to enjoy Archbishop’s Park. The application demonstrated
the changing nature of the way that parks were used.
 There were concerns regarding the possibility of the zip line
becoming a regular feature. If there were to be future applications,
it would be important to assess local opinion and evaluate the
impact of the zip line on park users.
 The application had been improved through the application
process.
 Although the application was temporary, it would be a permanent
feature in the park during the summer when people were most likely
to use the park.
 The appearance of the ballasts did not fit in with the appearance of
the park. The applicant should investigate the possibility of using
mesh on the ballasts.
 Members expressed their disquiet at the possibility of future
applications for the zip line, or the application becoming a regular
event.

It was MOVED by Councillor Simpson, SECONDED by Councillor


Haselden, and

RESOLVED, unanimously
Page 7

1. To GRANT planning permission subject to the conditions as outlined in


the officer’s report and published addenda and the following:
i. An informative requesting the applicant to engage with the Friends
of Archbishop’s Park and the Council to find ways of evaluating
and monitoring the impact on users of the park.
ii. An informative asking the applicant to enter into a dialogue with
design and conservation officers around the possibility of
covering the ballast.
2. To delegate authority to the Assistant Director of Planning and
Development to finalise the recommended conditions as set out in this
report

CLOSE OF MEETING

The meeting ended at 9.35 pm


CHAIR
PLANNING APPLICATIONS COMMITTEE
Tuesday 5 September 2017

Date of Despatch: Wednesday 26 July 2017


Contact for Enquiries: Maria Burton
Tel: 020 7926 8703
Fax: (020) 7926 2361
E-mail: MBurton2@lambeth.gov.uk
Web: www.lambeth.gov.uk
This page is intentionally left blank
Page 9 Agenda Item 3
Page 10

Address: Allen Edwards Primary School, Studley Road, London, SW4 6RP

Application Number: 17/01473/FUL Case Officer: Dale Jones

Ward: Stockwell Date Validated: 07.04.2017

Proposal: Demolition of the existing main school building and the erection of part 2/part 3
storey primary school building and associated landscaping.

Drawing Numbers:

001 Rev.1 (Tree Constraints Plan); 08261-A-L-(00)-0200 P1; 08261-A-L-(00)-0201 P1;


08261-A-L-(00)-0202 P1; 08261-A-L-(00)-0203 P1; 08261-A-L-(00)-0204 P1; 08261-A-L-
(00)-0205 P1; 08261-A-L-(00)-0206 P1; 08261-A-L-(00)-0208 P1; 08261-A-L-(00)-0210
P3; 08261-A-L-(00)-0212 P3; 08261-A-L-(00)-0214 P3; 08261-A-L-(00)-0216 P1; 08261-
A-L-(00)-0232 P2; 08261-A-L-(00)-0233 P2; 08261-A-L-(00)-0234 P2; 08261-A-L-(00)-
0235 P2; 08261-A-L-(00)-0240 P2; 08261-A-L-(00)-0240 P1; LN0012-AG-ZZ-01-DR-M-
1101 Rev P01; LN0012-AG-ZZ-01-DR-M-1102 Rev P01; LN0012-AG-ZZ-01-DR-M-1103
Rev P01; LN0012-AG-ZZ-01-DR-M-1104 Rev P01; LN0012-AG-ZZ-01-DR-M-1105 Rev
P01; LN0012-AG-ZZ-01-DR-M-1106 Rev P01; LN0012-AG-ZZ-00-DR-E-2301 Rev P01;
LN0012-AG-ZZ-00-DR-E-2302; 1278_GA_100 Rev S; 1278_GA_100 Rev S;
1278_GA_103 Rev C (Fencing Plan); 1278_PP_300 (Planting Plan); Fire Plan (Phase 1, 2
and 3); Logistics Plan (Phase 1, 2 and 3) and Cover Letter dated 24th March 2017.

Documents:

Tree Survey and Tree Constraints Plan (31.03.2017); Air Quality Assessment (February
2017); Transport Statement (March 2017); Building Regulations Part L and EPC Report
(06.01.2017); Daylight and Sunlight Report (8th March 2017); Preliminary Ecological
Appraisal (March 2017); GLA Energy Assessment (12.02.2017); Environmental Noise
Assessment (17.03.2017); Flood Risk Assessment (17.03.2017); Sustainable Drainage
Statement (24.03.2017); Phase 2 Geo-Environmental Assessment (May 2017);
Remediation Strategy Report (May 2017); Arboricultural Implication Assessment
(16.05.2017); Arboricultural Method Statement (16.05.2017); BREAEAM Pre-Assessment
Scoring Sheets 1-53; Design and Access Statement Rev P3; Letter from the Education
and Skills Funding Agency (dated 12th June 2017); Heritage Assessment (June 2017);
Planning Statement (March 2017); BREEAM Tracker (July 2017); Construction Method
Statement (3rd April 2017); Biodiversity Note (29th May 2017); Community Use Lettings
Policy (20th June 2017; Adaptive Comfort and Indoor Air Quality Assessment (20th June
2017).

RECOMMENDATION:

(i) Resolve to grant conditional planning permission subject to completion of an


agreement under Section 106 of the Town and Country Planning Act 1990 for
the obligations listed in this report.
Page 11

(ii) Agree to delegate authority to the Assistant Director of Planning, Transport and
Development to finalise the recommended conditions and section 106 legal
agreement as set out in this report.
(iii) In the event that the committee resolves to refuse planning permission and
there is a subsequent appeal, delegated authority is given to officers, having
regard to the heads of terms set out in the report, to negotiate and complete a
document containing obligations pursuant to Section 106 of the Town and
Country Planning Act 1990 in order to meet the requirement of the Planning
Inspector.

Applicant: Allen Edwards Primary School, Agent: Mrs Laura Meyer, GL Hearn,
Interserve Plc, Dolphin Bridge House Vantage Point, Hardman Street,
Rockingham Road, Uxbridge, UB8 2XL Spinningfields, Manchester, M3 3HF

SITE DESIGNATIONS

Relevant site designations

SBNCI - Sites of Borough Nature Oasis Nature Garden SNCI


Conservation Importance

LAND USE DETAILS

Use Class Use Description Floor space (GEA)

Existing D1 Non-residential 3,069.3


institutions as a
primary school
Proposed D1 Non-residential 2,465.0
institutions as a (-332.8sqm)
primary school

EMPLOYMENT DETAILS

Full-time Part-time
Existing 46 -
employees
Proposed 46 -
employees

PARKING DETAILS

Car Parking Car Parking Bicycle Motorbike


Spaces (general) Spaces (Disabled) Spaces spaces
Existing 23 0 12 0
Page 12

Proposed 21 2 46 0

EXECUTIVE SUMMARY

The Priority School Building Programme (PSBP) is a privately financed public private
partnership (PPP) programme that addresses the needs of the schools that are most
in need of urgent repair. Through the £4.4 billion programme, 260 schools will be
rebuilt or have their condition needs met by the Education Funding Agency (EFA). The
programme only seeks to address the condition need of existing schools and does not
seek to deliver school expansion.

Alongside 260 other schools, Allen Edwards Primary School successfully applied for
the PSBP Programme based on the existing schools existing condition need.

The proposed development seeks the demolition of the existing main school building
and caretakers lodge and the erection of a new part 2, part 3 storey building towards
the north of the site, adjacent to Studley Road. The existing music block and nursery
are to be retained as existing.

The proposed reconfiguration of the school building would allow for the provision of a
larger playground towards the south of the site, allowing more open space for school
children for learning and play without compromising pupil or staff numbers.

The new school building has been designed to respond to and be respectful of the
height and massing of neighbouring buildings, it is appropriate to the area and is not
considered that it would harm the setting of the adjacent Heritage Assets.
Furthermore, the siting, design and scale have been designed to safeguard
neighbouring amenity.

A transport assessment demonstrates that the new school would not have a negative
impact on the local transport network. The proposed development would bring positive
benefits to the local community in terms of improved educational facilities in the area; it
would also enliven the site through a well thought-out, high quality designed building
with enhanced landscaping.

Overall, the scheme is considered appropriate and acceptable, and is recommended


for approval subject to the recommendations made on the cover sheet to this report.

OFFICER’S REPORT
Reason for referral to PAC: In accordance with item (1) (ii) of the Committee’s
terms of reference, it is necessary to report this application to committee in any
event as it relates to the provision of a building or buildings where the floor
space to be created including changes of use, by the development is 1,000sqm
or more.
Page 13

1 SITE AND SURROUNDINGS

1.1 The site currently comprises Allen Edwards Primary School, a 2FE mixed sex primary
school which has 420 pupils, 40 nursery pupils and 46 staff members. The application
site is located on a roughly rectangular piece of land that covers an area of
approximately 1000sqm (1.0 hectare). The site is located to the south of the junction of
Studley Road and Larkhall Lane. The site is located to the north of Jeffery’s Road and
the west of Paradise Road. The site is adjacent to the Oasis Nature Garden and is
bound on all other sides by residential uses.

Figure 1. The existing school site and context

1.2 Originally built in 1956, the main school building is located in the centre of the site and
comprises a part single, part two storey red brick building. A dilapidated and vacant
single storey caretakers unit is located separately towards the north west of the site
and a music block and nursery are located separately towards the south. The old
caretaker’s accommodation (which is ancillary to the school within D1 class use) has a
separate entrance point on Studley Road and is surrounded by separate railings.
Access to the nursery is gained via Paradise Road.

1.3 Pedestrian access to the school building is predominately via Paradise Road, with a
secondary entrance point located on Studley Road. Vehicular access to the site is
gained from Larkhall Lane; where there is a small staff car park providing 23 spaces.

1.4 No part of the site is situated within a Conservation Area and there are no listed
buildings on the site. The Oasis Nature Garden, located to the north-west of the site, is
designated as a Site of Borough Nature Conservation Importance. Additionally, the site
Page 14

sits adjacent to the Larkhall Conservation Area, which runs on the northern side of
Larkhall Lane. Listed buildings within the surrounding area include the Grade II listed
76 and 78 Larkhall Lane, and the locally listed 88-94 Larkhall Lane.

1.5 The site is located within a Local View Protected Vista for Brixton Historic Towers and
Brixton Panoramic, located towards the North West.

Figure.2 indicating the existing part one, part two storey school building

The Surrounding Area

1.5 With regard to the site context, the area immediately surrounding the site is
predominantly residential, with a block of six storey flats located adjacent to the site on
Paradise Road and a block of four storey flats adjacent on Studley Road. Semi-
detached, detached and terraced houses can be found opposite the site on Larkhall
Lane.

1.6 Towards the south, the site borders a four storey block of flats off Jeffrey’s Road and
Jeffrey’s Walk. Larkhall Park is located approximately 70m east of the school and an
Oasis Nature Garden is located on the north western corner of the site.

1.7 The site is located approximately 0.3 miles west of Stockwell Underground Station,
which operates on Northern and Victoria Lines. Clapham. The site is well connected by
road; being approximately 335m east of Wandsworth Road and 370m west of the A3,
Clapham Road.
Page 15

Figure 3. OS Map of the site and the surroundings

2 PROPOSAL

2.1 The application seeks full planning permission for the proposed demolition of the main
school building and redevelopment to allow for construction of new part 2, part 3
storey primary school building and associated landscaping. The existing nursery and
music block located towards the south of the site will be retained.

2.2 Key headlines of the proposed redevelopment scheme include:

 The proposed works will not lead to an increase in student intake or staff
employment. The school currently has 46 members of staff and can
accommodate a total of 420 pupils and 40 nursery children;
 The Council is funding a 15 place Speech, Language and Communication Needs
(SLCN) unit at the school, which will encompass two flexible classroom spaces.
These pupils form part of the overall 420 primary school places;
 Allen Edwards Primary School is a previously established Local Authority funded
primary school. All buildings on site are considered to be of D1 use. The old
caretakers unit, which is set to be demolished, is considered ancillary to the
school and therefore also D1 in use;
 Buildings to be demolished include the part one, part two storey existing main
school building and the caretakers lodge (a total of 2797.8sqm GIA). The new
part two, part three storey school building would cover a reduced footprint of
1,101sqm resulting in a larger external play space of 8864sqm to the rear of the
building;
Page 16

 The school will be a mix of two and three storeys, which is in keeping with the
height, mass and scale of neighbouring buildings;
 Increasing the height of the building will allow for the provision of an expanded
outdoor space. In terms of landscaping, the large outdoor space will offer a
diverse range of functions with an informal play zone to the east, formal play
zone to the south and a growing zone (with greenhouses) to the west;
 The reconfiguration of the school building will allow for the provision of a larger
playground towards the south of the site, allowing more open space for school
children;
 Two new entrance points, one for visitors and one for reception pupils would be
created on Studley Road. The main pedestrian pupil access would continue to be
taken from Paradise Road, with access to the nursery obtained via a separate
gate on Paradise Road;
 The loss of trees and replanted species together with improved landscaping
scheme.
 Internally the building layout has been thoroughly considered to create a simple
and legible layout, with all rooms accessed via a single central corridor, which is
flanked on both ends by stair cores. The school and community benefit from
having a large hall, small hall and studio that can be used for external groups at
weekend and evenings through a secure entry that does not allow for access to
the rest of the school.

Figure 4 indicating the existing condition of the school and playground

2.3 By way of context, the Education Funding Agency (EFA) have submitted a supporting
letter which sets out the development rationale and states that: Allen Edwards
Primary School was successful in its application to the Priority School Building
Programme which was established purely to address condition need of school
buildings. The programme does not seek to deliver school expansion. If additional
pupil places are required these would be funded and delivered separately by the
Local Authority. The Council has a duty under the Education Act 1996 to provide
sufficient schools, in terms of number, character and equipment, to provide all pupils
with the opportunity of appropriate education. Furthermore, it is also considered that
Page 17

this scheme would not prejudice the future expansion of school places on this site if
required.

3 RELEVANT PLANNING HISTORY

3.1 Planning application (Ref. 03/01602/FUL) for the proposed rebuilding of the nursery
and playground including erection of covered play areas, covered walkways between
nursery and main school and in front of 4 no. classrooms with associated alterations
was approved on 18.09.2003.

3.2 Planning application (Ref. 13/05048/FUL) for the proposed change of use of existing
caretaker’s bungalow (Use Class C3) to conference/meeting rooms (Use Class B1)
with associated internal alterations was withdrawn on 31.12.2013.

4 CONSULTATIONS

4.1 Statutory Consultees:

4.2 Environment Agency: No objection to the planning application as submitted, stating


that they will not be providing extensive comments on flood risk grounds, as the site is
situated within Flood Zone 1, which is defined as having a ‘low probability' of river or
sea flooding.

4.3 London Fire Brigade: Raise no objections to the proposals stating that:

From the information supplied it would appear there is ample opportunity to provide
code compliant’ Firefighting vehicular access via Studley Road, Paradise Road,
Larkhall Lane (staff car park). Therefore, the London Fire Brigade would expect
suitable firefighting facilities in line with those outlined in B5 of Approved Document B.

Further to this it is noted the works relate to the extension of or alteration to an existing
school building, it is anticipated that Building Bulletin 100; Design for fire safety in
schools (BB100) will be used to inform the design. This Authority fully supports the
guidance given within BB100, and would recommend that the cost benefit analysis and
risk assessment tools that accompany the document are completed in relation to the
proposed works, giving specific consideration to the application of sprinklers and fire
compartmentation. If these have already been completed, then for consistency we
would request copies of them.

London Fire Brigade will have sight of the building regulation’s consultation once
submitted but would welcome a pre consultation pack and the opportunity to pass
comment prior to works commencing.

4.4 Lambeth Conservation and Design: No objection to the revised scheme.


Recommended conditions in relation to materials and construction details.

4.5 Lambeth Transport: No objections to the proposal from transport planning


perspective subject to conditions and the applicant entering into a S106 agreement:
Page 18

- Travel plan monitoring fee


- Further details of Deliveries and Servicing

The applicant should note that a full Travel Plan will be secured via condition, prior to
occupation. In addition, the Travel Plan could include more focus on encouraging
cycling, from the current low base, and also to take advantage of the Cycle Quiet way
which runs along Larkhall Lane.

4.6 Sustainability Consultant (Bio-Regional): – The scheme is acceptable from a


sustainability perspective as the pre-assessment shows a compliant score is targeted.
However, this must be conditioned – that a Design Stage BREEAM assessment is
undertaken and submitted to the Planning Authority for their approval prior to the
commencement of above ground works showing how BREEAM Very Good and a
minimum score of 63% will be achieved in practice, as per Lambeth Local Plan Policy
EN4.

4.7 Lambeth Arboricultural Officer: The scheme is acceptable subject to conditions


including Tree Protection Plan.

4.8 Design out Crime Officer: No objections subject to conditions to require the
development to meet Secured by Design (New Schools 2014), and the adoption of
these standards will help to reduce the opportunity for crime, creating a safer, more
secure and sustainable environment.

4.9 Lambeth Planning Policy:

No objections were raised by the Council’s Planning Policy team. The current primary
schools building blocks to be demolished in total. Local Plan Policy S3 (a) states that
proposals for new primary and secondary schools, or for the extension or expansion of
existing schools, will be supported where they help to deliver the council’s agreed
strategy for provision of additional state funded school places in the borough.
Submitted documents reveal that the proposed school will accommodate all of its
current 420 pupils.

Part (d) of Policy S3 states that proposals for the shared use of schools for wider
community use will be supported provided that the nature and scale of the proposal
does not unacceptably harm the amenity of the area. In turn part (e) outlines that
proposals should support sustainable travel, including the need for school travel plans
and appropriate road danger reduction measures.

4.10 Veolia Environmental Services: Raised no objections stating that confirmation


required that access to the bin storage area has a dropped kerb and also confirmation
required regarding the pulling distance from bin store to refuse vehicle.

4.11 Environmental Support Officer (Regulatory Services): Raised no concerns subject


to the use of planning conditions relating to (i) land contamination, (ii) construction
phasing, (iii) noise control, (iv) air quality and (v) external lighting
Page 19

4.12 Lambeth Building Control: We would not have any comments upon a demolition
application under planning as it is a requirement under the Building Act that a
demolition application is sent to us and this has to be agreed before demolition can
commence.

4.13 Lambeth Parks and open spaces raise no objections stating that:

The direct risk to the adjacent Borough Site of Importance for Nature Conservation
(Borough SINC), namely the Oasis nature Garden (SINC08, old code LaBII06), is
relatively minimal and provided there is no intention to encroach onto or intrude into
the SINC, which would result in new build or loss of natural space, then Parks and
Open Spaces would be supportive of this application. A condition should be added to
ensure that applicants implement all of the key recommendations in the Preliminary
Ecological Appraisal.

4.14 Adjoining owners/occupiers and amenity groups

4.15 The Town and Country Planning (Development Procedure Order) 2015 requires the
Local Planning Authority (LPA) to publicise applications for planning permission in the
requisite manner.

4.16 Site notices have been erected on site by officers from displayed from 09 May 2017
and the application was advertised in the local paper (South London Press) on 14th
April 2017.

4.17 A total of 170 letters were also posted to surrounding properties along Jeffrey’s Road,
Paradise Road, Studley Road and Larkhall Lane.

4.18 A total of two objections have been received in response to the Council’s public
consultation exercise. The comments are set out within the context of the table below:

Summary of objections Response


Transport and Construction Phase
issues
Our property backs onto the school at the The nursery block is being retained
rear of the Nursery block. Our main and is not altered as a result of the
concern is security during the build as the proposals therefore there will be no
fence to our garden is hidden behind the impact on the neighbour’s
school building – garden/fence.

Potential; volume of works traffic and The draft Construction Management


general building noise if all these projects Plan details the volume of works
happen at the same time. traffic and building noise relating to
this application. Construction
Vehicles enter the site from Larkhall
Road, not Jeffrey’s Road. Please
refer to section 6 of the officer report
below.
Page 20

What is the actual time scale for each The submitted phasing plan sets out
phase of the project and who is the main programme works. The
overseeing the progress of this precise timings are not a planning
issue. Again, the Construction
Management Plan will be secured by
way of planning conditions (Nos. 3
and 13)
What precautions are going to be taken The applicants have indicated that
to minimise dust and other pollution when demolition is carried out
during the works? scaffolding will be sheeted with mono
flex. Damping down is carried out
throughout alongside regular wheel
cleaning. Please see submitted
Construction Management Plan for
more information. Please refer to
Paragraphs 6.94 – 6.95 and
Conditions 3 and 13.
What are the penalties for the builders if This is a non planning issue
they over run?
Given the very good transportation links, The level of car parking will remain as
why has so much space been assigned existing (23 spaces, 2 disabled) at the
for car parking, the developers plan request of the local highways
shows space for 33 cars, this seems authority. There will be no increase.
excessive Please refer to Paragraphs 6.79 –
6.80.
Accessibility and adaptability
concerns
Wheelchair accessible toilets - room The internal plans have been
width and depth specified, basin impedes developed in line with the
access for a carer, space appears to be requirements of the EFA and the
too small Hygiene room, no shower school. The requirements for the
facility can be seen in the plan, no toilet hygiene room are a sink and a bed. A
either. shower and toilet are not required.

Will the changing bench be height


adjustable?
Will a hoist be provided and will this be
compatible with the slings the children
are used to at home?
Concerns relating to inaccuracies of the The applicants have since advised
information including errors within the that one of the diagrams did not
Design and Access statement relating to mention that Coade Court dropped to
the classification of the neighbouring Ground+3 storeys although this was
Coade Court. mentioned elsewhere. Two lines of
text have been added to the updated
D&A to correct this. Officers have
secured the updated D&A to reflect
Page 21

this inconsistency, and it was not


considered necessary to re-consult
given that the scales were clear
throughout the submitted plans and
elsewhere within the D&A statement.
The plans have no annotated All drawings are to scale therefore the
dimensions. measurements can be determined
easily by reading the drawings. The
building is located in the correct
position, relevant to all surroundings
as per drawing validation
requirements.

5 POLICIES

5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning
decisions to be made in accordance with the development plan unless material
considerations indicate otherwise.

5.2 The National Planning Policy Framework was published in 2012. This document sets
out the Government’s planning policies for England including the presumption in
favour of sustainable development and is a material consideration in the determination
of all applications.

5.3 The development plan in Lambeth is the London Plan (2016) and the Lambeth Local
Plan (September 2015).

5.4 The current planning application has been considered against all relevant national,
regional and local planning policies as well as any relevant guidance. Set out below
are those policies most relevant to the application, however, consideration is made
against the development plan as a whole.

5.5 The London Plan (2016, MALP)

Relevant policies include:

Policy 1.1 - Delivering the Strategic Vision and Objectives for London
Policy 3.1 - Ensuring Equal Life Chances for All
Policy 3.18 - Education Facilities
Policy 5.1 - Climate Change Mitigation
Policy 5.2 - Minimising Carbon Dioxide Emissions
Policy 5.3 - Sustainable Design and Construction
Policy 5.7 - Renewable Energy
Policy 5.12 - Flood Risk Management
Policy 5.13 - Sustainable Drainage
Policy 5.21- Contaminated Land
Policy 6.3 - Assessing Effect of Development on Transport Capacity
Policy 6.9 - Cycling
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Policy 6.13 - Parking


Policy 7.2 - An Inclusive Environment
Policy 7.3 - Designing out Crime
Policy 7.4 - Local Character
Policy 7.5 - Public Realm
Policy 7.6 - Architecture
Policy 7.8 – Heritage assets and archaeology
Policy 7.3 - Designing Out Crime
Policy 7.15 – Reducing and managing noise, improving and enhancing the acoustic
environment and promoting appropriate soundscapes
Policy 7.18 - Protecting Open Space and Addressing Deficiency
Policy 7.19 - Biodiversity and Access to Nature
Policy 7.21 – Trees and woodlands
Policy 8.2 - Planning Obligations
Policy 8.3 - Community Infrastructure Levy

5.6 Lambeth Local Plan (2015)

Policy D2 - Presumption in favour of sustainable development


Policy D4 - Planning Obligations
Policy S1 - Safeguarding existing community premises
Policy S3 - Schools
Policy T1 - Sustainable Travel
Policy T2 - Walking
Policy T3 - Cycling
Policy T4 - Public Transport Infrastructure
Policy T6 - Assessing impacts of development on transport capacity and
infrastructure
Policy T7 - Parking
Policy T8 - Servicing
Policy EN3 - Decentralised energy
Policy EN4 - Sustainable design and construction
Policy EN5 - Flood Risk
Policy EN6 - Sustainable drainage systems and water management
Policy EN7 - Sustainable waste management
Policy Q1 - Inclusive environments
Policy Q2 - Amenity
Policy Q3 - Community safety
Policy Q5 - Local distinctiveness
Policy Q6 - Urban design: public realm
Policy Q7 - Urban design: new developments
Policy Q8 - Design Quality: construction detailing
Policy Q9 - Landscaping
Policy Q10 - Trees
Policy Q12 - Refuse/recycling storage
Policy Q13 - Cycle storage
Policy Q15 - Boundary treatments
Policy Q17 - Advertisements and signage
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Policy Q22 - Conservation Areas


Policy Q23 - Undesignated heritage assets: local heritage list
Policy Q25 - Views

5.7 Supplementary Planning Documents

 Accessible London: Achieving an Inclusive Environment SPG (October 2014);


 Sustainable Design and Construction SPG (April 2014)
 Control of Dust and Emissions during Construction and Demolition SPG
(September 2014)

5.8 Additional Guidance

 Lambeth Refuse and Recycling Storage Design Guide (2013)


 Lambeth Parking Survey Guidance Note
 Larkhall Conservation Area Statement (2012)

6 THE ASSESSMENT

Land use matters and principle of the development

6.1 At the national level, planning policy and guidance is firmly in favour of educational
provision. In 2011 the DCLG published a policy statement on planning for schools
development, which is designed to facilitate the delivery and expansion of state funded
schools.

6.2 Paragraph 72 of the NPPF (2012) reiterates the objectives set out in the DCLG Policy
Statement on Planning for Schools Development. It clearly confirms that the
Government attaches great importance to ensuring that a sufficient choice of school
places is available to meet existing and future demand.

6.3 Policy S1 of the Local Plan (2015) relating to ‘Safeguarding existing community
premises’ advises that the council will support and encourage the most effective use of
community premises to address different and changing priorities and needs in the
borough, in accordance with agreed strategies where relevant.

6.4 Part (c) of London Plan Policy 3.18 (Education Facilities) states that:

6.5 “Development proposals which enhance education and skills provision will be
supported, including new build, expansion of existing or change of use to educational
purposes. Those which address the current and projected shortage of primary school
places and the projected shortage of secondary school places will be particularly
encouraged. Proposals which result in the net loss of education facilities should be
resisted, unless it can be demonstrated that there is no ongoing or future demand.”

6.6 Policy S3 (a) of the Local Plan states that proposals for new primary and secondary
schools, or for the extension or expansion of existing schools, will be supported where
they help to deliver the councils agreed strategy for provision of additional state funded
Page 24

school places in the borough. Submitted documents reveal that the proposed school
will accommodate all of its current 420 pupils.

6.7 Part (d) of Policy S3 states that proposals for the shared use of schools for wider
community use will be supported provided that the nature and scale of the proposal
does not unacceptably harm the amenity of the area. In turn part (e) outlines that
proposals should support sustainable travel, including the need for school travel plans
and appropriate road danger reduction measures.

6.8 The proposed development in this case seeks the demolition of the existing main
school building and caretakers lodge and the erection of a new part 2, part 3 storey
building towards the north of the site, adjacent to Studley Road. The existing music
block and nursery are to be retained as existing. The applicants have stated that the
existing main school building is in a poor condition and is no longer fit for purpose. The
proposal will allow the school to operate from modern, efficient and for for purpose
accommodation.

6.9 The proposed part two, part three storey school building would cover a reduced
footprint of 1,101sqm resulting in a larger external play space of 8864sqm to the rear
of the building; however, significantly it should be noted that it would not result in the
loss of any school pupil numbers or staff numbers which would be maintained within
the rationalised and improved school layout as a result if the increased building scale.
In this respect, the proposed development accords with planning policy at all levels in
that it seeks to address the current poor condition of the school and its improvement to
allow enhanced education and skills provision.

6.10 As such, it is considered that the principle of redevelopment of the site for educational
purposes is acceptable in land use terms, in accordance with the provisions of Policy
S3 of the Local Plan and Policies 3.16 and 3.18 of the London Plan.

6.11 With regard to the proposed community use of school facilities, it is considered that a
planning condition could be attached to the planning permission requiring the
submission of a Community Use Plan (Condition 30).

Design, Conservation & Heritage matters

6.12 Paragraph 56 of the NPPF (2012) promotes high quality and inclusive design,
recognising that good design is a key aspect of sustainable development. Paragraph
57 goes on to state that, inter alia, developments should function well and add to the
overall quality of the area, establish a strong sense of place and respond to local
character and history. Policy 7.6 of the London Plan (MALP) states that buildings
should be of the highest architectural quality.

6.13 Local Plan Policy Q5 requires development to reflect the local distinctiveness of the
area and states that proposals should respond to the positive aspects of the local
context in terms of urban block and grain, pattern of space and relationship,
townscape/landscape character; built form (bulk, scale, height and massing) including
roof-scapes; siting, orientation and layout and relationship with other buildings and
Page 25

spaces; materials; and quality of architectural detailing. Where development proposals


deviate from locally distinct development patterns, applicants will be required to show
in their design statements that the proposal clearly delivers design excellence; and will
make a positive contribution to its local and historic context.

6.14 Policy Q7 of the Lambeth Local Plan seeks new development of a high quality design,
with a bulk, scale/mass, siting, building line and orientation which preserves or
enhances the prevailing local character. The policy also requires that the development
is built of durable, robust, low-maintenance materials; includes well considered
windows and doors, and any vehicular access, parking or servicing is designed so as
to be well related to the adjacent area and minimise impact on amenity and be visually
attractive.

6.15 Part (a) of Policy Q8 relating to Design quality: construction detailing states that:

(a) When negotiating schemes the council will seek to ensure that proposed building
designs and submitted details are buildable and visually attractive. Poorly-detailed and
undeliverable built forms will be resisted.

6.16 The proposed development is sited opposite Lark hall Conservation Area and adjacent
to Grade II and locally Listed Buildings. As such, Policy Q22 (a) of the Local Plan
(2015) considers that development proposals affecting conservation areas will be
permitted where they preserve or enhance the character or appearance of
conservation areas by i) respecting and reinforcing the established, positive
characteristics of the area in terms of the building line, siting, design, height, forms,
materials joinery, window detailing etc; (ii) protecting the setting (including views in and
out of the area). In additional, Policy Q22 (b) (ii) supports development if a suitable
replacement has been granted planning permission.

6.17 Policy Q20 of the Local Plan (2015) considers that development affecting listed
buildings will be supported where it would: i) conserve and harm the
significance/special interest; (ii) not harm the significance/setting (including views to
and from; and (iii) not diminish its ability to remain viable in use in the long term.

6.18 Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990
states that when considering whether to grant planning permission for development
which affects a listed building or its setting, the LPA shall have special regard to the
desirability of preserving the building or its setting, or any features of special
architectural or historic interest which it possesses.

6.19 Section 72 of the Act requires that special attention is paid to the desirability of
preserving or enhancing the character or appearance of conservation areas. In this
context, "preserving", means doing no harm. Paragraph 132 of the NPPF states ‘when
considering the impact of a proposed development on the significance of a designated
heritage asset, great weight should be given to the asset’s conservation. The more
important the asset, the greater the weight should be. Significance can be harmed or
lost through alteration or destruction of the heritage asset or development within its
setting. As heritage assets are irreplaceable, any harm or loss should require clear and
convincing justification…’.

6.20 Paragraph 134 goes on to state ‘where a development proposal will lead to less than
substantial harm to the significance of a designated heritage asset, this harm should
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be weighed against the public benefits of the proposal, including securing its optimum
viable use.

The existing site

6.21 The school site is made up of a number of low rise structures. The school building
itself sits centrally on the site and consists of a sprawling, predominantly 2 storey, red
brick building. To the south of the site the school has six lower school classrooms with
direct access to the play area. The play centre room, music hut and separate nursery
class are also situated at this end of the school. At the opposite end there are eight
junior classrooms, an art and photocopying room, computer room, library and
resources area. There are several playground areas, as divided by the layout of the
school building. The caretaker’s house, music building and nursery and separate 1
storey constructions, also red brick.

6.22 The site is bounded on all sides by a blue painted metal fence atop a low brick wall
base. At present there are six pedestrian entry points, however only two are regularly
used, these are the entrances at Paradise Road and Larkhall Lane. The fencing is also
used to separate areas within the school, with use of manual and electronic gates. The
main visible open street frontage of the school is towards Studley Road, to the north of
the site, whilst the principle school entrance is located off Paradise Road to the east of
the site.

The proposed development

Siting & layout

6.23 The applicants have confirmed that the buildings to be demolished include the part
one, part two storey existing main school building and the caretakers lodge (a total of
2797.8sqm GIFA). The new part two, part three storey school building would cover a
reduced footprint of 1,101sqm resulting in a larger external play space of 8864sqm to
the rear of the building. The total GIFA of the new building is 2350.9sqm.

6.24 The new school building has been designed in a simple “L” shape profile, with a
double height two storey main hall located towards the west of the site. The three
storey building, which would cover the bulk of the width of the Studley Road frontage,
would accommodate the majority of the teaching accommodation. The Studley Road
frontage would provide the main face of the proposed school building, whilst the front
building line would reflect that of the nearby flank and front building lines further east
along Studley Road and would also retain a 6.0m separation gap to the front site
boundary treatment to soften up the scale of the building and allow for landscaping to
the front in order to facilitating a welcoming environment along the Studley Road
frontage.

6.25 The reconfiguration of the school building would allow for the provision of a larger
playground towards the south of the site, allowing more open space for school
children. Two new entrance points, one for visitors and one for reception pupils, will be
created on Studley Road. The main pedestrian pupil access would continue to be
Page 27

taken from Paradise Road, with access to the nursery gained via a separate gate on
Paradise Road. Access to the car park would continue to be from Larkhall Road. Staff
car and cycle parking is maintained to the west of the site, via Larkhall Lane, as
existing. Deliveries would also come via this entrance. A footpath would lead from the
car park to the school.

6.26 Internally, the building layout has been designed with a simple and legible layout, with
all rooms accessed via a single central corridor, which is flanked on both ends by the
stair cores. The school and community benefit from having a large hall, small hall and
studio that can be used for external groups at weekend and evenings through a
locking system that restricts access to the rest of the school.

6.27 It is considered that the layout of the building and external spaces, would allow for
optimal use of the site and afford a good environment for study and play, whilst the
simple central core layout is legible and easy to access for the wide range of users.

Bulk, scale and height

6.28 With regard to site context, the surrounding built environment varies greatly in terms of
the building scales, typology and design. For example, Mobey Court which is located
on the opposing side of Studley Road measures four storey in height. To the east
along Paradise Road are residential blocks ranging between four and five storeys in
height, whilst Larkhall Lane varies with some four storey flatted developments and the
Victorian and Georgian two/three storey terraced houses which are situated to the
north-east of the school site.

6.29 The proposed increase in building scale from the current part one, part two storey
school to the proposed part two, part three storey scale of development is considered
to be acceptable given the surrounding context. In this respect, the proposal would be
in keeping with the height, mass and scale and respectful of the neighbouring built
environment. Overall the design of the new school building is considered to be of an
appropriate bulk, massing and scale, which would give the school increased presence
in the area given its civic function, without resulting in an overly dominant
development.

External appearance

6.30 The proposed school building would be visually broken by a series of three recesses
within the Studley Road frontage which would help soften the bulk and massing whilst
also adding visual interest. A front entrance canopy with the school name discreetly
positioned above in individual lettering would be added to the Studley Road frontage.
With regard to materials, the use of brick-slips within the lower element and fibre
cement panels above are considered to be appropriate materials that would be robust
to withstand weathering, whilst also being in keeping with the brickwork found nearby,
especially along Larkhall Lane. Depth to the main elevations is achieved by window
reveals, and oversailing the fibre cement between ground floor and above to create a
subtle shadow gap. Further texture is added through the use of louvres, which allows
the colours of the school hall to weave through the entire scheme.
Page 28

6.31 The smaller scale hall element would be clad in a green coloured cladding (which
would have a smooth matt finish) along with a rougher finish dark grey fibre cement
cladding, including where it wraps around the flank and rear facades. While the exact
final colour scheme of the proposed cladding can be secured by way of planning
condition, at this stage the applicants have confirmed that the selected colouration
scheme relates to the specific green itself of the nearby nature reserve, and that the
proposed louvres which would be set within the recessed window reveals would also
match the Marley Eternity cladding colours.

6.32 The school hall element (which is a double height space internally) would be designed
so that the architectural composition, whilst different to the part three storey element
would not be ready as a completely different visual element. This would be achieved
by terminating the flat roof element of the school hall in line with the lower window cill
level of the main building at second floor level, whilst lower level windows would reflect
the height of the corresponding windows within the main block. It is considered that
where taken together or as separate elements within the architectural composition, the
hall and main school block would be of high quality external finish that would add
visual interest to the street scene whilst also ensuring that the character and
appearance of the local area is preserved and enhanced.

6.33 In terms of the rear of the building, a series of both vertical and horizontal windows
would face the main playground area, providing adequate natural light and ventilation
whilst also ensure that there is a coherent vertical emphasis to the fenestration. The
use of flat roof profiles across the two and three storey elements reflects the existing
school building and the nearby residential blocks to the north and east of the site,
thereby ensuring that the proposed school building respects the local distinctiveness of
the setting.

Figure 5 is a CGI image of the proposed school from Studley Road

6.34 With regard to the school boundary treatment, a balance has been sought by the
proposals in relation to the need to ensure that the school pupils, staff and visitors are
Page 29

adequately safeguarded whilst also ensuring that the treatment is sensitive to and
respectful of the neighbouring local character.

6.35 The majority of the site would be bounded by the existing metal fencing atop a low
brick wall. The total height of this existing fence is around 2m high. An area directly in
front of the school would be opened up by adding a lowered metal fence atop the brick
wall, to a total height of 1.5m. The applicants have confirmed that there would be
gates that can be controlled by the school as they see fit. The use of a perimeter fence
provides safety, reassurance and security yet does not block the school from view. A
supporting letter from the school and EFA outlines the safety concerns and
preferences in regards to the boundary treatment and the rationale behind the design.

Figure 6 Proposed south elevation

Figure 7 Proposed west elevation

Figure 8 Proposed east elevation


Page 30

Landscaping

6.36 The redevelopment of Allen Edwards has also presented the school with the
opportunity to undertake a comprehensive landscape strategy for the site which can
improve on the existing low quality predominantly hard-landscaped play areas,
introducing high quality formal and informal play areas for the range of the schools
children. In this respect a series of landscape improvements are proposed within the
school grounds which include:

 Proposed sand and water play pit;


 Relocation and orientation of benches
 Playground resurfacing with markings;
 Installation of planting beds and amenity grass;
 Improved drainage strategy;
 Wildflower planting to the secret garden;
 Existing shelters to be used as safe and secure buggy storage;
 Cycle and scooter parking improvements;
 Rationalised marked sports pitches within the rear playground;
 Rationalised bin storage.

6.37 The proposals would involve the loss of 8 trees to facilitate the proposed new school
building and associated landscape works. However, it is considered that the proposals
have maximised opportunities for greening, such as through re-planting of trees and
other soft landscaping and have therefore avoided piecemeal treatments and leftover
spaces, in accordance with Policy Q9 of the Local Plan (2015).It should also be noted
that the Councils’ Parks and Open Spaces Officer and the Arboriculture Officer has
raised no objections to the details provided. The detailed assessment is also explored
further below.

Heritage assessment

6.38 Policy Q22 of the Council's Local Plan (2015) seeks to promote high quality design
that makes appropriate reference to the character and appearance of conservation
areas and contributes positively to its surroundings.

6.39 The school is not a listed building and it is not located within a conservation area.
However, the site sits adjacent to the Larkhall Conservation Area, which runs on the
northern side of Larkhall Lane parallel with the school boundary. In addition, listed
buildings within the surrounding area include the Grade II listed 76 and 78 Larkhall
Lane, and the locally listed 88-94 Larkhall Lane. The site is also located within a Local
View Protected Vista for Brixton Historic Towers and Brixton Panoramic, located
towards the North West.

Legislative framework

6.40 The following legal commentary is provided:


Page 31

6.41 Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990
(“PLBCAA”) provides that in considering whether to grant planning permission for
development which affects a listed building or its setting, the local planning authority
shall have special regard to the desirability of preserving the building or its setting or
any features of special architectural or historic interest which it possesses.

6.42 Section 72(1) PLBCAA provides that in the exercise, with respect to any buildings or
other land in a conservation area, of any functions under or by virtue of (amongst
others) the Planning Acts, special attention shall be paid to the desirability of
preserving or enhancing the character or appearance of the conservation area.

6.43 The South Lakeland District Council v Secretary of State for the Environment case
and the Barnwell Manor case (East Northamptonshire DC v SSCLG) establish that
“preserving” in both s.66 and s.72 means “doing no harm’.

National Policy

6.44 Paragraph 17 of the NPPF (2012) sets out 12 “core planning principles” that should
underpin both plan-making and decision-taking. Those principles include the
following: “Planning should always seek to secure high quality design” and 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”.

6.45 The NPPF defines a “heritage asset” as:

“A building, monument, site, place, area or landscape identified as having a degree


of significance meriting consideration in planning decisions, because of its heritage
interest”.

6.46 The definition includes both designated heritage assets (of which, Listed Buildings
and Conservation Areas are relevant here) and assets identified by the local planning
authority (including local listing).

“Significance” is defined within the NPPF as being:

“The value of a heritage asset to this and future generations because of its heritage
interest. That interest may be archaeological, architectural, artistic or historic.
Significance derives from a heritage asset’s physical presence, but also from its
setting”.

6.47 Paragraph 129 of the NPPF requires local planning authorities to identify and assess
the particular significance of any heritage asset that may be affected by a proposal
(including by development affecting its setting), taking account of the available
evidence and any necessary expertise. That assessment should then be taken into
account when considering the impact of the proposal on the heritage asset, to avoid
or minimise conflict between the heritage asset’s conservation and any aspect of the
proposal.

6.48 Paragraphs 131 and 132 of the NPPF provide as follows:

In determining planning applications, local planning authorities should take account


of:
Page 32

 the desirability of sustaining and enhancing the significance of heritage


assets and putting them to viable uses consistent with their conservation;

 the positive contribution that conservation of heritage assets can make to


sustainable communities including their economic vitality; and

 the desirability of new development making a positive contribution to local


character and distinctiveness.

6.49 When considering the impact of a proposed development on the significance of a


designated heritage asset, great weight should be given to the asset’s conservation.
The more important the asset, the greater the weight should be. Significance can be
harmed or lost through alteration or destruction of the heritage asset or development
within its setting. As heritage assets are irreplaceable, any harm or loss should
require clear and convincing justification. Substantial harm to or loss of a grade II
listed building, park or garden should be exceptional.

6.50 Substantial harm to or loss of designated heritage assets of the highest significance,
notably scheduled monuments, protected wreck sites, battlefields, grade I and II*
listed buildings, grade I and II* registered parks and gardens, and World Heritage
Sites, should be wholly exceptional.

6.51 Paragraph 133 of the NPPF deals with substantial harm to or total loss of
significance of significance of a designated heritage asset.

6.52 Paragraph 134 of the NPPF provides that where a development proposal will lead to
less than substantial harm to the significance of the designated heritage asset, this
harm should be weighed against the public benefits of the proposal, including
securing its optimum viable use.

6.53 The Larkhall Conservation Area was designated in June 1981 and subsequently
extended in July 1983. In 2001 the Angell Arms Public House, Binfield Road was
added to the Conservation Area and in 2002 properties fronting Wandsworth Rd
were transferred into the newly designated Wandsworth Road Conservation Area
(CA59).

6.54 The Larkhall Conservation Area statement notes that ‘today the conservation area is
an L shaped designation following Lansdowne Way and Larkhall Lane. It is
characterised by a historic road pattern and 19th Century buildings / urban grain that
has survived relatively unscathed in comparison to the wider area which contains
much mid-late 20th Century redevelopment. Its slow, evolutionary development has
resulted in a pleasant, informal townscape and is worthy of every effort to preserve
its special character and appearance.’
6.55 It is considered that the proposals would preserve and enhance the character and
appearance of the adjoining Larkhall Conservation Area and would preserve the
setting of the Statutory (76 and 78 Larkhall Lane) and locally listed (88-94 Larkhall
Lane) buildings nearby within Larkhall Lane on the basis that the proposed school
building would be adequately separated from these nearby heritage assets and
would result in an improvement from that of the existing school building structures.
Furthermore, the proposals would also:
 Result in a clear and consistent building line on the Studley Road elevation;
Page 33

 Use materials that are respectful of the mixed local character, with the
brickwork in particular picking up on that of Larkhall Lane;
 Rationalise and improve the school boundary treatments;
 Improve the surface treatments across the school site and include landscape
improvements.
6.56 In addition, the listed buildings within the surrounding area include the Grade II listed
76 and 78 Larkhall Lane, which were listed on 27th August 1976. The listing states that:
Early-mid C19 pair, each two storeys and basement, one window in main block and a
slightly lower, set back outer entrance bay. Stock brick with stone-coped parapet
recess on axis. Stucco ground floor band. Gauged brick arches to sash windows
(some with glazing bars), round headed in round-arched recesses on ground floor.
Similar recess to six-panel door with cornice head and patterned radial fanlight in
wood classical porch set in angle. The locally listed 88-94 Larkhall Lane are also
situated on the western side of Larkhall Lane.
6.57 It is considered that the proposal is acceptable in terms of scale, mass and detailed
design and would suitably respond to the adjacent Larkhall Conservation Area and
designated and non-designated heritage assets owing to the separation distances
between the site and the heritage assets. As such, it is considered that the proposal
adheres with the provisions of Policies Q5, Q7 and Q8 of the Local Plan (2015) in this
respect.

6.58 It is also considered that the proposal would preserve the character and appearance of
the Larkhall Conservation Area. As such, the proposals would adhere with the
provisions of Policy Q22 of the Local Plan and Part 12 of the NPPF.

Amenity

6.59 Local Plan Policy Q2 advises that development will be supported if acceptable
standards of privacy are provided without a diminution of the design quality; adequate
outlooks are provided avoiding wherever possible any undue sense of enclosure or
unacceptable levels of overlooking (or perceived overlooking); appropriate levels of
daylight and sunlight are provided for existing and proposed occupiers and adequate
outdoor amenity space is provided free from excessive noise or disturbance.

Visual Amenity – Sense of Enclosure

6.60 With regard to the site context, it should be noted that the following separation
distances would be maintained to the surrounding built environment:

 28m to the north of the school site with Mobey Court (residential block of flats)
 16m to the east of the school site with Coade Court (residential block of flats)
 100m to the south of the school site across the playing areas to the nearest
residential blocks
 Between 54m and 63m to the west across Larkhall Lane (this difference
accounts for the two storey school hall element with the larger three storey
school building set back by 63m from the nearest residential properties along
Larkhall Lane).

6.61 Given these large separation distances, and the scale of the proposed building which
would be confined to a part two, part three storey scale, it is considered that the
neighbouring properties would not suffer any harmful increased sense of enclosure or
loss of outlook. With regard to Coade Court to the east, it is considered that given the
presence of school, playground that separates the two respective sites (by 16m at the
Page 34

closest point), it is considered that despite the increased scale, the proposed building
massing and bulk in this current case would not appear unduly overbearing.

Daylight and Sunlight

6.62 In support of the application, a daylight and sunlight report has been submitted. This
quantitative assessment has been carried out using methodologies set out in the
Building Research Establishment (BRE) guide ‘Site, Layout and Planning for Daylight
and Sunlight (second addition).

6.63 The BRE has developed a series of tests for daylight, which if all are failed, the
development would be considered unacceptable in terms of loss of daylight to
neighbouring properties. One of the tests used in this case is the Vertical Sky
Component (VSC), which measures the amount of available daylight from the sky
received at a particular point on a window pane. The BRE guide states that “if the
Vertical Sky Component, with the new development in place, is less than 27%, and
less than 0.8 times its former value, then occupants of the existing building will notice
a reduction in the amount of skylight”.

6.64 The BRE has also developed tests for sunlight. In this respect, the BRE Report
advises that new development should take care to safeguard access to sunlight for
existing buildings and any non-domestic buildings where there is a particular
requirement for sunlight. In summary, the report states:

“If a living room of an existing dwelling has a main window facing within 90 degrees of
due south, and any part of a new development subtends an angle of more than 25
degrees to the horizontal measured from the centre of the window in a vertical section
perpendicular to the window, then the sun lighting of the existing dwelling may be
adversely affected. This will be the case if the centre of the window:

 Receives less than 25% of annual probable sunlight hours, or less than 5% of
annual probable sunlight hours between 21 September and 21 March and
 Receives less than 0.8 times its former sunlight hours during either period and
 Has a reduction in sunlight over the whole year greater than 4% of annual
probable sunlight hours”

6.65 The report submitted with this latest planning application has analysed the
neighbouring properties which include:

6.66 1-15 Parker Court which is situated to the north of the site. The submitted BRE
assessment demonstrates that all windows would meet the BRE guidance.

6.67 1 – 37 Mobey Court which is a mid-rise block of residential flats to the north of the
application site. The development would pass the ’25 degree test’ to this block of flats
which is positioned 28m away from the front building line of the proposed school
building.

6.68 The BRE Daylight analysis using the Vertical Sky Component (VSC) test shows that
94 out of the 99 windows tested (95%) would satisfy the BRE Report guidelines for
daylight access. Where transgressions occur (windows W8, W9, W17 at first floor and
W6 and W7 at ground floor), they are to windows located beneath balconies. The
daylight availability is restricted by this design feature which makes them susceptible
to ratio reductions beyond the recommended 0.80, however, the actual quantum of
light loss is small with the maximum being 5.66%. The BRE Report states that where
an existing property has balconies above windows, a further test can be undertaken
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for these windows with the balconies removed. This further test illustrates that all
windows would meet the BRE Report guidelines demonstrating that it is the balconies
rather than the Development that is restricting the available daylight.

6.69 1-61 Coade Court which is a four to six storey block of residential flats located to the
east of the school site. The submitted BRE assessment demonstrates that all windows
would meet the BRE guidance.

6.70 58 Larkhall Lane is a two storey (plus semi-basement) residential property that is
located to the north-west of the school site. This property would adhere with the BRE
25-degree test and no loss of daylight or sunlight has been identified.

6.71 In summary Officers are therefore satisfied that the development would comply with
the BRE sunlight/daylight criteria. In this respect, Officers have scrutinised the
submission and agree with the conclusions of the report. It is considered that this is
indicative of an acceptable building massing and bulk for the site, in accordance with
the provisions of Local Plan Policy Q2.

Privacy

6.72 It is considered that the orientation of the proposed school building and the relative
large separation distances to neighbouring residential properties would safeguard
against any potential loss of privacy or increased overlooking for neighbouring
properties. In the case of Coade Court, it is again considered that the minimum
separation distance of 16m would adequately safeguard neighbouring amenity given
this separation distance across the school yard and given that the window sizes within
that particular flank elevation are limited in order to restrict views from the primary
school classrooms. As such, it is considered that the proposal would be in accordance
with Policy Q2 of the Local Plan (2015).

Noise and disturbance

6.73 The application site is already in use as a school (Class D1 use). As the development
is not intensifying the use of the site for educational purposes (with the proposals
improving the quality of the school not quantum) it is considered that the additional
noise and disturbance would not be unduly harmful to the living conditions of
neighbouring surrounding residential properties. The proposed playground would be
situated in the central section of the site and in a similar location to that of the existing
playground, and whilst the playground size would be increased, the school pupil
numbers would not, thereby no additional noise generating sources have been
identified. Should permission be granted it is recommended that a condition is imposed
preventing amplified sound, amplified speech, or amplified music which would be
audible outside the school building.

6.74 Noise from plant and equipment at the site is also a consideration. A detailed
Environmental Noise Assessment report has been submitted in respect of the primary
school. Regulatory Services have been consulted and have raised no objection to the
proposal subject to the use of conditions, in accordance with Policy Q2 of the Council’s
Local Plan (2015).

Transport

6.75 The NPPF (2012) seeks to promote sustainable transport and in doing so it seeks to
ensure that new development which generates significant movements are located
where the need to travel would be minimized and the use of sustainable modes can be
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maximized. This is echoed by policies 6.1 and 6.3 of the London Plan (MALP, 2016)
which also seeks to ensure that the impacts of development in transport capacity and
the transport network are fully assessed.

6.76 Policies T3, T6, T7 and T8 of the Local Plan (2015) seek to ensure that proposals for
development have a limited impact on the performance and safety of the highway
network and that sufficient and appropriate car parking and cycle storage is provided
whilst meeting objectives to encourage sustainable transport and to reduce
dependence on the private car. If development would have an unacceptable transport
impact, it should be refused in the absence of mitigation measures to make the
development acceptable.

6.77 Policy T1 of the Lambeth Local Plan states that the Council will promote a sustainable
pattern of development in the Borough, minimising the need to travel and reducing
dependence on the private car.

6.78 Policy T6 states that planning applications will be supported where they do not have
unacceptable transport impacts including cumulative impacts upon highway safety;
traffic flows; congestion of the road network; on-street parking; footway space, desire
lines and pedestrian flows; all other transport modes, including public transport and
cycling unless contributions or improvements are to be provided that would make the
impact acceptable.

Pupil and staff numbers

6.79 There is no planned pupil expansion for the school and the school will remain at 420
pupil places. Staff numbers will not increase from the existing 46, resulting from the
proposed replacement school building. The application is supported by a
comprehensive Transport Assessment (TA), which quantifies the impact of the
proposed development, including a breakdown of the specific impacts associated with
the primary school.

Accessibility

6.80 The site is highly accessible by public transport and has a PTAL rating of 4-5 which
equates to ‘Good to Very Good’ with regard to levels of public transport accessibility,
therefore the principle of development is considered to be acceptable and in principle
the Council’s Transport Officer raises no objections. The school currently has three
access points on Paradise Road, Studley Road and Larkhall Lane. The main entrance
for children, staff, parents and visitors is on Paradise Road, with a secondary entrance
on Studley Road, while the Larkhall Lane entrance is for vehicles only.

6.81 The proposed school building will be reoriented so that reception and visitor access is
taken from Studley Road, while the main primary pupil access will continue to be taken
from Paradise Road. Vehicular access is to be retained from Larkhall Lane to provide
access into the existing car park.

Car parking

6.82 By way of context, the site is within Controlled Parking Zone (CPZ) Stockwell ‘S’ which
is operational Monday-Friday 08:30-17:30. The school currently has a small staff car
park located towards the west of the site, with access via Larkhall Lane. There are a
total of 23 parking spaces, and an additional 2 Blue Badge holder parking spaces.
Vehicular access is to be retained from Larkhall Lane to provide access into the
existing car park, which is also to be retained as part of the developments proposals.
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6.83 The applicant has confirmed that the proposed primary school layout will retain the
location of the existing dedicated staff car park and will provide 21 standard and 2
disabled parking spaces. This is to be managed by the school to prevent staff parking
on-street or obstruction of the main carriageway during peak arrival and departure
periods. It is considered that further details of this management could be secured by
way of an updated Travel Plan by way of condition and the monitoring by way of S106
agreement. The Council’s Transport officers have reviewed the proposal and offer no
objections to the scheme.

Cycle provision

6.84 Policy Q13 of the Council’s Local Plan (2015) relates to Cycle Storage and states that:

(a) Cycle storage in all development (including conversions) should be:

(i) Fully integrated into proposals from the initial design stage;
(ii) Directly and conveniently accessed from outside the building;
(iii) Inclusive, secure and safe to use;
(iv) In individual lockers/cupboards, or if necessary, in cycle stores shared by
small groups of immediate neighbours; and
(v) Covered, fully ventilated, robustly constructed and easy to maintain.

6.85 The school currently has 12 cycle parking spaces for both staff and pupils. This level of
cycle parking falls well short of the level of cycle parking required by the London Plan
(2016), which suggests the school should have a total of 63 cycle parking spaces for
both staff and pupils.

6.86 A total of 36 secure pupil cycle parking spaces would be made available on site, 12 of
which will be covered. They would be located in between the school building and the
boundary fence to Studley Road with a further 4 spaces for visitors in that same
location. 12 covered staff secure cycle parking spaces would be made available within
the staff car parking area, whilst 24 pupil spaces would be made available in the south-
east corner of the site (along with 18 scooter spaces which are also proposed).

6.87 Officers, along with Lambeth Transport have reviewed the quantum and quality of the
provision that has been proposed in this case and note that whilst this level does not
meet the London Plan standard, it is a significant improvement on the existing level of
cycle parking, and it’s understood that a safeguarded area for the additional 15 spaces
is being provided, furthermore, the Travel Plan will also include monitoring of the use
of cycle parking. As such, this approach is considered acceptable, subject to further
details being secured via condition. The proposals are therefore considered to adhere
with the provisions of Policy Q13 of the Local Plan (2015).

Traffic impacts

6.88 The existing 2FE school has 240 pupils on the roll, including 40 nursery pupils. It’s
understood that the school will remain at 420 pupil places. Staff numbers are also not
expected to increase from the existing 46. The catchment of the school is not expected
to change as a result of the proposals. Therefore, the traffic impacts are expected to
be negligible.

Servicing and deliveries


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6.89 Policy T8 of the Lambeth Local Plan (2015) states that new development, and in
particular on residential and mixed-use development, will be permitted only where
adequate provision is made for servicing appropriate to the scale, form and location of
the proposed development.

6.90 It is proposed that a kitchen will be provided in the new school building accessed from
Studley Road. A 55sqm bin store is being provided adjacent to the kitchen. The
Framework Delivery and Servicing Plan suggests that refuse collection vehicles and
delivery vehicles will stop in residents’ bays on Studley Road to service the site and
notes that delivery vehicles can also enter the site from Larkhall Lane.

6.91 The applicant has also confirmed that Allen Edwards Primary School management
have indicated that the following delivery vehicles currently and will continue to visit the
site at the following frequencies:

 Fruit and Milk delivery van* - Once per day;


 Refuse Collection Vehicle - Twice per week
 Recycling Collection Vehicle - Twice per week
 Kitchen delivery van - Twice per day
 After-school club food delivery van* - Twice per week

6.92 It is also understood that the school delivers food to Sudbourne School and St Marks
Church of England School and that this will continue following the redevelopment. The
school will thus be receiving deliveries of food to meet the demand of Allen Edwards,
Sudbourne and St Marks Church of England Schools. There will also be daily
collections of food supplied to Sudbourne and St Marks Church of England Schools. At
present, these servicing vehicles service the site from the on-site car park accessible
via the Larkhall Lane entrance.

6.93 The applicant has confirmed that following the redevelopment, it is anticipated that
servicing vehicles will normally service the site from the same location, or from the play
area beyond via the subsequent gate when this area is not in use. The ability of
standard delivery vehicles to access this area is demonstrated by the swept path
analysis provided in Appendix D of the submitted Transport Statement, which
demonstrates that a fire tender which is both larger and less manoeuvrable than
standard delivery vehicles (3.5 / 7.5 tonne) can enter, turn and exit this area in a
forward gear.

6.94 It is proposed that refuse vehicles service the site from kerbside on Studley Street.
This
will allow refuse collectors to reach within 25m of the bin store provided in the north-
eastern corner of the site. Refuse from the bin store will be removed from the site
using a new double gate adjacent to the existing guard-railing. A dropped kerb is also
suitably located to permit sufficient access by refuse collectors. In summary, whilst no
objections are raised, further information is required on the servicing strategy, in
particular how the servicing strategy is proposed to change from the existing situation,
this will be secured by way of condition.

6.95 Policy T8 (d) of the Local Plan requires planning applications to be accompanied by a
construction and logistic plan, demonstrating arrangements for construction traffic and
how environmental, traffic and amenity impacts would be minimised. A Construction
Management Plan would be secured as a condition of consent, detailing how the
construction of the development would be managed including measures for mitigating
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construction vehicle movements and for ensuring minimal nuisance or disturbance is


cause the amenity of nearby residential occupiers and the area generally.

Travel plan statement

6.96 The school has an existing Travel Plan, however, following review Transport Officers
have concluded that this is quite out of date (latest travel survey conducted in 2010),
and it is understood that the school does not currently engage in the STARS
programme. The Framework Travel Plan included in the submitted Transport
Assessment (TA) suggests that a revised full Travel Plan will be submitted after
occupation of the new building. This will not be acceptable and a full Travel Plan will
be secured via condition, prior to occupation. In addition, the Travel Plan could include
more focus on encouraging cycling, from the current low base, and also to take
advantage of the Cycle Quiet way. As such, in accordance with Polies D4 and T1, the
s106 requires a fee for the monitoring of the Travel Plan, which itself would be secured
by way of condition.

Construction impacts

6.97 Policy T8 of the Lambeth Local Plan (2015) states that planning applications for major
developments should include a Construction Management and Logistics Plan that is
appropriate to the scale of the development, demonstrating arrangements for
construction traffic and how environmental, traffic and amenity impacts will be
minimised.

6.98 The application site adjoins residential properties and has a highly visible and wide
frontage to Studley Road and activities have potential to impact on the area including
the amenity of nearby residential properties, on the operation of the local highways
network and on the general amenity of the area. To address these impacts and to
ensure the external appearance of the application site is satisfactory during the
construction period, officers recommend a condition to secure a detailed Method of
Construction Statement which provides full details of the proposed construction
methodology. The statement should advise how neighbours and adjoining businesses
will be notified of any works, all reasonable measures to protect residential amenity.

Waste and recycling

6.99 Local Plan Policy Q12 (Refuse/recycling storage) notes that adequate refuse and
recycling storage should be provided for all development, in order to protect visual and
residential amenity and public health. The policy goes on to note that refuse and
recycling storage should be large enough to accommodate the easy manoeuvring of
refuse/recycling containers and have sufficient space to accommodate any increased
storage requirements. A 55sqm bin store is being provided adjacent to the kitchen.
The Framework DSP suggests that refuse collection vehicles and delivery vehicles will
stop in resident’s bays on Studley Road to service the site and delivery vehicles can
also enter the site from Larkhall Lane. In terms of design and location, the proposals
for refuse/recycling storage meet the Council’s waste and recycling storage and
collection requirements guidance document (October 2013) and would be compliant
with Policy Q13 of the Local Plan relating to refuse and recycling storage. However, it
is not known how the school is serviced at present and further detail is required on this
point.

6.100 The applicants have also confirmed that servicing will be carried out as per the current
arrangement, being undertaken from the dual use parking/servicing bays on Lower
Marsh. The servicing requirement would be very similar to that of the existing users. A
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condition is proposed securing a Waste Management Plan prior to the occupation of


the proposed development to ensure that the details of all the servicing / waste
provision requirements are detailed, in accordance with Local Plan Policies T6, T8 and
Q12.

Planning obligations and CIL

6.101 Policy D4 of the Local Plan refers to circumstances in which the Council can seek
S106 Planning Obligations to mitigate the impact of development on the local
infrastructure or secure additional facilities that are required as a result of the
development coming forward.

6.102 Officers consider that the following financial contributions should be secured by way of
s106 legal agreement to mitigate against the impact of the development in accordance
with the requirements of Policy D4.

Travel Plan monitoring fee

6.103 The Lambeth and Mayoral CIL contribution would not be payable because of the
proposed use of the site as an educational facility.

Sustainability and energy

6.104 The NPPF (2012) seeks that development promotes the use of renewable energy
where technology is viable, Economic and where the social impacts can be addressed
satisfactorily. Policy 5.3 of the London Plan states that development proposals should
demonstrate that sustainable design standards are integral to the proposal and should
meet the minimum standards set out in the Mayor’s ‘Sustainable Design and
Construction’ SPG (2006).

6.105 Policy 5.2 of the London Plan (2015, as amended) states that development proposals
make the fullest contribution to Minimising carbon dioxide emissions in accordance
with the Mayors energy hierarchy, namely; using less energy, supplying energy
efficiently and using renewable Energy. The London Plan requires that all major
developments meet specific targets for carbon dioxide emissions reduction in
buildings. These targets are expressed as minimum improvements over the Target
Emission Rate (TER) outlined in the national Building Regulations (2006).

6.106 Policy EN4 (Sustainable design and construction) of the Local Plan (2015) requires all
development to meet high standards of sustainable design and construction feasible,
having regard to the scale, nature and form of the development proposal. Proposals
should demonstrate in a supporting statement that these standards are integral to the
design, construction and operation of the development. Non-residential developments
are required to show how the development would meet the British Research
Establishment Environmental Assessment Methodology (BREEAM) target credit rating
of at least “Excellent” through the implementation of the London Plan Energy Hierarchy
of energy efficiency, decentralized energy and renewable energy technologies
(London Plan Policy 5.2 refers).

6.107 The applicants have presented a range of active design measures such as the
implementation of efficient heating systems, heat recovery, natural cooling systems,
efficient ventilation systems, low energy mechanical services and energy efficient
lighting which would also contribute to the energy efficiency of the proposed new
school building. The Council’s Sustainability Consultant was consulted on the
proposals and confirmed that the scheme is acceptable in sustainability terms given
Page 41

that the submitted pre-assessment demonstrates that a compliant score is targeted.


However, this must be conditioned, namely that a Design Stage BREEAM assessment
is undertaken and submitted to the Planning Authority for their approval prior to the
commencement of above ground works showing how BREEAM Very Good and a
minimum score of 63% will be achieved in practice, as per Lambeth Local Plan Policy
EN4.

Community Safety

6.108 Local Plan Policy Q3 states that in order to create a safe borough for all users, the
council will expect development to utilise good design to design out opportunistic
crime, anti-social behaviour and fear of crime in a site-specific manner, based on an
understanding of the locality and the likely crime and safety issues it presents. It also
states that applicants should meet the standards and objectives of the Secure by
Design initiative.

6.109 The MET Police Designing out Crime Officer was consulted on the proposals and has
raised no objections stating that the proposal should be built to achieve security
specifications required with the guidance of Secured by Design (SBD) (New Schools
2014), and the adoption of these standards will help to reduce the opportunity for
crime, creating a safer, more secure and sustainable environment. In this respect, a
condition to secure SBD measures is included in the recommendation.

Flood Risk
6.110 When determining applications, the NPPF requires local planning authorities to ensure
that development does not increase flood risk elsewhere or is properly considered
against the relevant tests when located in an area at risk of flooding. Policy EN5 of the
Local Plan (part (a)) states that the council will seek to minimise the risk of flooding in
the borough through, amongst other things, permitting appropriate development in
Flood Zones 1,2,3a and 3b subject to meeting the criteria set out in Annex 5 of the
Local Plan. Part (b) of the policy states that all development in Flood Zones 2, 3a and
3b defined in the Strategic Flood Risk Assessment, or identified as at risk of flooding
from other sources, should contribute positively to actively reducing flood risk through
avoidance, reduction, management and mitigation.

6.111 Policy EN5: Flood Risk(c) of the Local Plan requires all major development proposals
to be accompanied by a flood risk assessment (FRA), which should be proportionate
with the degree of flood risk posed to and by the development. Policy EN5 (d) requires
an FRA to consider the risk of flooding to and from all sources including surface run-
off, groundwater, ordinary watercourses, sewer and reservoirs.

6.112 The site is located within Flood Zone 1 and since it is over 1ha in size, a Flood Risk
Assessment is required. The NPPF (2012) defines Flood Zone 1 as land assessed as
having less than a 1 in 1,000 annual probability of river or sea flooding (<0.1%).
Therefore fluvial & tidal risk at this site can be considered to be low. Flood risk from
other sources including reservoirs, canals, groundwater and sewers have also been
assessed to represent a low residual risk to the site.

6.113 The submitted Flood Risk Assessment recommends that finished floor levels are
raised generally above surrounding ground levels to help mitigate any risk posed from
pluvial/sewer flooding. Minor re-profiling of the site is to be undertaken to manage any
residual risk and channel any overland flood flows towards the positive drainage
system.
Page 42

6.114 The Environment Agency (EA) have been consulted on the application and have
reviewed the associated Flood Risk Assessment. The EA have raised no in principle
objections. They have commented that they will not be providing extensive comments
on flood risk grounds, as the site is situated within Flood Zone 1, which is defined as
having a ‘low probability' of river or sea flooding. The EA noted that there may also be
other sources of flooding which affect this site – such as surface water and
groundwater flooding – which are not within our direct remit, but could be important
considerations for managing flood risk for the proposed development.

6.115 The Council’s Flood Risk Officer has also reviewed the application and has noted that
generally there is no concern regarding flood risk. The site is not at risk from tidal,
fluvial, groundwater or surface water. The impacts of the development will not
significantly change this either subject to the use of a condition to secure a final
drainage strategy.

6.116 As such, and together with the imposition of a condition to secure a final drainage
strategy and given the low flood risk identified and the measures proposed within the
submitted FRA, Officers raise no objections to the proposal on flood risk grounds, in
accordance with Policy EN5 of the Local Plan (2015).

Impact on trees, biodiversity and wildlife habitats

6.117 Local Plan policy Q10 states that proposals for new development will be required to
take account of existing trees on the site and on adjoining land and that development
will not be permitted where it would result in the loss of trees of significant amenity,
historic or ecological / habitat conservation value.

6.118 Local Plan policy Q9 requires that development retains and enhances existing planting
and landscaping features and protects them during construction. It also requires that
development protects existing designated habitats and create new habitats / areas of
conservation interest and biodiversity value.

6.119 The applicants have submitted a detailed Arboriculture Implication Assessment (AIA)
document which sets out amongst other matters, a review of categorisation of the
trees on the school site and which are to be retained, removed or pruned. Of the 41
individual trees and tree groups surveyed, eight would be lost as a result of the
proposed development. Of those that would be lost, 5 are low ‘C’ Category trees and
three are moderate value ‘B’ Category.

6.120 An extensive new planting plan has been compiled, which includes for the planting of
multiple new trees and shrubs, including, but not limited to, Silver Birch (Betula
pubescens) and Wild Cherry (Prunus avium). It is considered that the provision of
multiple new good quality specimens would improve the long-term viability of the tree
stock and mitigate for the loss of existing trees. Furthermore, the applicants have also
indicated that mitigation will be required to protect eight of the retained trees/ groups.

6.121 The Council’s Arboriculture Officer has reviewed the scheme and submitted
Arboriculture Implication Assessment and raises no objections subject to the use of
conditions to secure a robust Tree Protection Plan. In this respect, it is considered that
the proposal adheres with the provisions of policies Q9 and Q10.

6.122 With regard to biodiversity, part (B) of Policy EN1 relating to ‘Open space and
biodiversity’ is relevant which states that the council will meet requirements for open
space by preventing development which would result in loss, reduction in area or
significant harm to the nature conservation or biodiversity value of an open space
Page 43

including any Designated or proposed Local Nature Reserves (LNR) or Sites of


Importance for Nature Conservation (SINC) unless adequate mitigation or
compensatory measures are included appropriate to the nature conservation value of
the assets involved.

6.123 The Council’s Parks and Open Spaces Officer has reviewed the application and raises
no objections stating that the direct risk to the adjacent Borough Site of Importance for
Nature Conservation (Borough SINC), namely the Oasis nature Garden (SINC08, old
code LaBII06), is relatively minimal and provided there is no intention to encroach onto
or intrude into the SINC, which would result in new build or loss of natural space, then
Parks and Open Spaces would be supportive of this application. A condition should be
added to ensure that applicants implement all of the key recommendations in the
Preliminary Ecological Appraisal. In this light, Officers consider that there would be no
impact upon the SINC or on local wildlife and habitats, in accordance with Policy EN1
of the Local Plan.

7 CONCLUSION

7.1 The application submission has demonstrated that the proposed development would
be acceptable in principle and provide an acceptable quality of educational
accommodation. The development is acceptable with regard to its scale, massing, bulk
and detailed design, sustainability considerations, ecology and flood risk, secure by
design standards, residential amenity considerations, impact on heritage assets and
transport and highway implications for the area.

7.2 Officers consider that the proposed development would be in compliance with the
Local Plan and there are no material considerations of sufficient weight that would
dictate that the application should otherwise be refused. Officers are therefore
recommending approval of the scheme, subject to conditions and the completion of a
Section 106 Legal Agreement.

8 RECOMMENDATION

8.1 Resolve to grant conditional planning permission subject to completion of an


agreement under Section 106 of the Town and Country Planning Act 1990 for the
obligations listed in this report.

8.2 Agree to delegate authority to the Assistant Director of Planning, Transport and
Development to finalise the recommended conditions and section 106 legal agreement
as set out in this report.

8.3 In the event that the committee resolves to refuse planning permission and there is a
subsequent appeal, delegated authority is given to officers, having regard to the heads
of terms set out in the report, to negotiate and complete a document containing
obligations pursuant to Section 106 of the Town and Country Planning Act 1990 in
order to meet the requirement of the Planning Inspector.

Conditions(s) and Reasons(s)

1) The development to which this permission relates must be begun no later than three
years from the date of this decision notice.

Reason: To comply with the provisions of Section 91(1) (a) of the Town and Country
Page 44

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

2) The development hereby permitted shall be carried out in complete accordance with
the approved plans listed in this decision notice, other than where those details are
altered pursuant to the requirements of the conditions of this planning permission.

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

3) Prior to demolition of any existing buildings on-site full details of the proposed
demolition methodology, in the form of a ‘Method of Demolition Statement’ shall be
submitted to and approved in writing by the local planning authority. Subsequently,
prior to implementation of the development (other than demolition) full details of the
proposed construction methodology in the form of a ‘Method of Construction Plan ’
shall be submitted to and approved in writing by the local planning authority. The
Method of Construction Statement shall include details regarding:

a) The scope and nature of notifying neighbours with regard to specific works;

b) Advance notification of road closures;

c) Details regarding parking, deliveries, and storage;

d) Details regarding dust mitigation;

e) Details of measures to prevent the deposit of mud and debris on the public
highway; and

f) Any other measures to mitigate the impact of construction upon the amenity of the
area and the function and safety of the highway network.

‘No demolition or development shall commence until provision has been made to
accommodate all site operatives', visitors' and construction vehicles loading, off-
loading, parking and turning within the site or otherwise during the relevant phase of
the construction period in accordance with the approved details. The demolition and
development shall thereafter be carried out in accordance with the details and
measures approved in the Method of Construction Statement’.

Reason: Development must not commence before this condition is discharged to


avoid hazard and obstruction being caused to users of the public highway, to
safeguard residential amenity from the start of the construction process, to ensure
the neighbouring heritage asset is sufficiently protected. (Policies T8, Q21, EN1 and
Q2 of the Lambeth Local Plan and Policy 7.19 of the London Plan (2011).

4) No development above ground level shall take place until detailed drawings of all
external construction (detailing to be provided at a minimum scale of 1:10) including
copings, cills, reveals, rain water goods, junctions of materials, fixings, soffits and
canopies together with samples of all external materials and a colour scheme have
been submitted to and approved in writing by the Local Planning Authority.
Page 45

This condition shall apply notwithstanding any indications to these matters which
have been given on approved plans and in the application. The development shall
thereafter be carried out solely in accordance with the approved details.

Reason: To ensure an adequate quality of detailed design so as to safeguard and


enhance the visual amenities of the locality (Policies Q7, Q8, Q11, Q12, and Q22 of
the Lambeth Local Plan).

5) No development above ground level shall take place until details (at a minimum scale
of 1:50) of the siting and design of all walls, gate and/or fencing and any existing
boundary treatment to be retained at the site, have been submitted to and approved
in writing by the Local Planning Authority. Such walls or fencing as may be approved
shall be erected prior to the first occupation of the new building unless the prior
written approval of the Local Planning Authority to any variation has been obtained.

Reason: To ensure an adequate quality of detailed design so as to safeguard and


enhance the visual amenities of the locality (Policies Q7, Q8, Q11, Q12, and Q22 of
the Lambeth Local Plan).

6) Prior the commencement of any above ground works details of the location, design
and external appearance of any external mechanical and electrical plant to be
installed on the site, including any kitchen extract and PV installations shall be
submitted to and approved in writing by the Local Planning Authority. The
development shall be carried out in strict accordance with the approved details and
any mitigation measures required shall be installed prior to the first occupation of the
development.

Reason: To ensure an adequate quality of detailed design so as to safeguard and


enhance the visual amenities of the locality (Policies Q7, Q8, Q11, Q12, and Q22 of
the Lambeth Local Plan).

7) Notwithstanding the approved drawings, and prior to the commencement of the


development above ground level, samples (including the invitation to view sample
panels on site) and a schedule of all materials to be used in the external elevations of
the development hereby approved, including:

All external construction details at 1:10; details of joinery, cladding (including colour
schemes), windows, doors, cills, reveals, parapets, copings, air-vents, brickwork,
gutters, flues, rainwater goods, extract systems, canopies, details of refuse storage
including ventilation and details of mechanical plant, shall be submitted to and
approved in writing by the local planning authority. The development shall thereafter
be carried out in accordance with the approved details.

Reason: To ensure an adequate quality of detailed design so as to safeguard and


enhance the visual amenities of the locality (Policies Q7, Q8, Q11, Q12, and Q22 of
the Lambeth Local Plan).
Page 46

8) No plumbing or pipes, other than rainwater pipes, shall be fixed to the external faces
of buildings.

Reason: To ensure an appropriate standard of design (Policies Q5, Q7, Q8 and Q22
of the Lambeth Local Plan).

9) Notwithstanding any indications to these matters which have been given on approved
plans and in the application, details including the layout, siting and elevations of the
refuse and recycling stores for the commercial development hereby approved (at a
scale of not less than 1:20) shall be submitted to and approved by in writing by the
Local Planning Authority prior to the first occupation of the development. The
provision for waste storage and recycling shall be made in accordance with the
requirements of the London Borough of Lambeth's 'Waste and Recycling Storage
and Collection Requirements: Guidance for Architects and Developers' (October
2013).The development shall thereafter be completed in accordance with the
approved details and permanently retained as such unless the prior written approval
of the Local Planning Authority has been obtained for any variation.

Reason: To ensure the adequate provision is made for the storage of refuse on the
site, in the interests of the amenities of the area and to ensure a satisfactory
appearance of the completed development (Policies Q2, Q5, Q7, Q12, Q20, Q22,
Q23 and EN7of the Lambeth Local Plan (2015) refers).

10) Prior to the occupation of the development hereby permitted, a Waste Management
Strategy shall be submitted to and approved in writing by the local planning authority.
The development hereby permitted shall be built in accordance with the approved
details and shall thereafter be retained solely for its designated use. The use hereby
permitted shall thereafter be operated in accordance with the approved Waste
Management Strategy. The Waste Management Strategy will align with the guide for
architects and developers on waste and recycling storage and collection
requirements submitted details and will include the following:

a) details of refuse store capacity

b) details of the management of glass disposal including the hours within which it will
be transferred to the outside refuse storage.

c) hours of refuse collection

d) Details of fat, oil and grease disposal methods.

Reason: To ensure that adequate provision is made for the storage of refuse, the
disposal of waste and the provision of recycling facilities on the site and in the
interests of the amenities of the area. (Policy Q12 of the Lambeth Local Plan)

11) Prior to the commencement of development approved by this planning permission (or
such other date or stage in development as may be agreed in writing with the Local
Planning Authority), the following components of a scheme to deal with the risks
associated with contamination of the site including the presence of asbestos
containing materials shall each be submitted to, and approved in writing by, the Local
Planning Authority:
Page 47

1) a preliminary risk assessment which has identified:

• all previous uses;

• potential contaminants associated with those uses;

• a conceptual model of the site indicating sources, pathways and receptors;

• potentially unacceptable risks arising from contamination at the site.

2) a site investigation scheme, based on (1) to provide information for a detailed


assessment of the risk to all receptors which may be affected, including those off site;

3) the results of the site investigation and detailed risk assessment referred to in (2)
and, based on these, an options appraisal and remediation strategy giving full details
of the remediation measures required and how they are to be undertaken;

4) a verification plan providing details of the data collected in order to demonstrate


that the works set out in the remediation strategy in (3) are complete and identifying
any requirements for longer-term monitoring of pollutant linkages, maintenance and
arrangements for contingency action.

Any changes to these components require the express consent of the Local Planning
Authority. The scheme shall be implemented as approved.

Reason: To ensure that the development does not impact unacceptably upon
existing ground conditions, geology, hydrology and hydrogeology of the site and
surrounding area (Policies 5.14 and 5.21 of the London Plan.

12) If, during development, contamination not previously identified is found to be present
at the site then no further development (unless otherwise agreed in writing with the
Local Planning Authority) shall be carried out until the developer has submitted, and
obtained written approval from the Local Planning Authority for, a remediation
strategy detailing how this unsuspected contamination shall be dealt with. The
remediation strategy shall be implemented as approved, verified and reported to the
reasonable satisfaction of the Local Planning Authority.

Reason: To ensure that the development does not impact unacceptably upon
existing ground conditions, geology, hydrology and hydrogeology of the site and
surrounding area (Policies 5.14 and 5.21 of the London Plan).

13) The development hereby approved shall not commence until a Construction and
Environmental Management Plan (CEMP) has been submitted to and approved in
writing by the local planning authority. The CEMP shall observe the requirements of
the statutory and other relevant guidance and shall include details of the following
measures:

i. An introduction consisting of construction phase environmental management plan,


definitions and abbreviations and project description and location;

ii. A description of management responsibilities;

iii. A description of the construction programme which identifies activities likely to


cause high levels of noise or dust;
Page 48

iv. Site working hours and a named person for residents to contact;

v. Detailed Site logistics arrangements;

vi. Details regarding parking, deliveries, and storage;

vii. Details regarding dust and noise mitigation measures to be deployed including
identification of sensitive receptors and ongoing monitoring;

viii. Details of any out of hours works and other measures to mitigate the impact of
construction on the amenity of the area and safety of the highway network; and

ix. Communication procedures with the LBL and local community regarding key
construction issues – newsletters, fliers etc.

The construction shall thereafter be carried out in accordance with the details and
measures approved in the CEMP for the related phase, unless the written consent of
the Local Planning Authority is received for any variation.

Reason: This is required prior to construction to avoid hazard and obstruction being
caused to users of the public highway and to safeguard residential amenity during
the whole of the construction period. (Policies T6 and Q2 of the Lambeth Local Plan
(2015)).

14) Prior to the commencement of the use hereby permitted, a scheme of sound
insulation and vibration isolation to protect the educational use shall be submitted to
and approved in writing by the Local Planning Authority. As a minimum, the scheme
shall meet the noise targets recommended in the Environmental Noise Assessment
report prepared by Mach Acoustics dated 17th March 2017. The scheme shall
include details of post construction validation. The development shall be carried out
in accordance with the approved details. Within 3 months of the date of
commencement of the use a noise and vibration assessment shall be carried out to
confirm the noise and vibration targets have been met for daytime operation. Any
additional steps required to mitigate noise shall be detailed and implemented, as
necessary. The post installation assessment shall be submitted to and approved in
writing by the local planning authority. The details as approved shall thereafter be
permanently retained.

Reason: To ensure the development is suitable for the intended use and to protect
the amenities of future residential occupiers and the surrounding area (Policy Q2 of
the Lambeth Local Plan (2015)).

15) Prior to the commencement of building works above ground of the relevant part of
the development, full details of internal and external plant equipment and trunking,
including building services plant, ventilation and filtration equipment and commercial
kitchen exhaust ducting / ventilation, shall be submitted to and approved in writing by
the Local Planning Authority. All flues, ducting and other equipment shall be installed
in accordance with the approved details prior to the use commencing on site and
shall thereafter be maintained in accordance with the manufacturer's instructions.

Reason: To protect the amenities of future residential occupiers and the surrounding
area (Policy Q2 of the Lambeth Local Plan (2015)).
Page 49

16) Noise from any mechanical equipment or building services plant shall not exceed 5
dB below background noise level when measured outside the window of the nearest
noise sensitive or residential premises, when measured as a L90 dB(A) 1 hour.
Within 3 months of the date of commissioning all equipment and plant a noise
assessment shall be carried out to confirm the noise target has been met for both
day and night time operation. Any additional steps required to mitigate noise shall be
detailed and implemented, as necessary. The post installation noise assessment
shall be submitted to and approved in writing by the local planning authority. The
details as approved shall thereafter be permanently retained.

Reason: To protect the amenities of future residential occupiers and the surrounding
area (Policy Q2 of the Lambeth Local Plan (2015)).

17) Prior to any use of the development for purposes other than educational use a
Management Plan must be submitted to and agreed by the Local Planning Authority.
The plan should include but not be limited to, management responsibilities during all
operating hours, measures to control noise and disturbance, playing of music or
other amplified sound and minimising the effects of patrons coming and going from
the site. Where any management practices give rise to reported concerns of impact
to local amenity received by the operator or London Borough of Lambeth, this must
be brought to the attention of the Local Planning Authority and any necessary
changes to the management plan implemented to the satisfaction of the Local
Planning Authority.

Reason: To protect the amenities of future residential occupiers within the


surrounding area (Policies Q2 and T6 of the Lambeth Local Plan (2015)).

18) There shall be no amplified sound, speech or music used in connection with the
commercial premises hereby approved which is audible above background noise
levels when measured outside the nearest residential property.

Reason: To protect the amenities of future residential occupiers and the surrounding
area (Policy Q2 of the Lambeth Local Plan (2015)).

19) The development shall be undertaken in accordance with the Air Quality Assessment
prepared by BWB dated 24th March 2017. No variation or amendment of the
development shall be permitted until a report is provided that demonstrates the
conclusions of the Air Quality Assessment will remain valid. The report shall be
submitted to and approved in writing by the Local Planning Authority. Where Air
Quality Neutral benchmarks cannot be met a scheme of mitigation must be submitted
which includes on site mitigation that is part of the proposed development and may
also include off-site offsetting. The details as approved shall be implemented prior to
occupation of the development and thereafter be permanently retained.

Reason: To minimise increased exposure to existing poor air quality and make
provision to address local problems of air quality (particularly within AQMAs) (policy
7.14 of the London Plan 2015.)

20) Prior to occupation a lighting scheme must be submitted for the approval of the Local
Planning Authority in accordance with the Institute of Lighting Professional’s
Guidance notes for the reduction of obstructive light. The scheme must be designed
Page 50

by a suitably qualified person in accordance with the recommendations for


environmental zone E3 in the ILP document “Guidance Notes for the Reduction of
Obtrusive Light GN01:2011.

Before commencement of operation of the approved lighting scheme the applicant


shall appoint a suitably qualified member of the institute of lighting professionals (ILP)
to validate that the lighting scheme as installed conforms to the recommendations for
environmental zone E3 in the ILP document “Guidance Notes for the Reduction of
Obtrusive Light GN01:2011

Reason: To ensure minimal nuisance or disturbance is caused to the detriment of the


amenities of adjoining occupiers and of the area generally (Policy Q2 (Amenity) –
Lambeth Local Plan 2015.)

21) The development hereby permitted shall be constructed to include the design
principles and provision of physical protection measures to meet Secured by Design,
and Secured by Design (New Schools 2014) as related to the uses hereby approved.
A certificate of accreditation to Secured by Design standards shall be submitted to
the Local Planning Authority for approval in writing prior to first occupation of any part
of the development.

Reason: To ensure the safety and security of future occupiers and adjoining
properties and prevent crime and disorder occurring within and in the immediate
vicinity of the site, in the interest of community safety in accordance with Policies Q2
and Q3 of the Lambeth Local Plan (2015).

22) Prior to occupation a Delivery and Servicing Management Plan shall be submitted
and approved in writing by the local planning authority. The use hereby permitted
shall thereafter be operated in accordance with the approved details. The submitted
details must include the following:

a) frequency of deliveries to the site;

b) frequency of other servicing vehicles such as refuse collections;

c) dimensions of delivery and servicing vehicles;

d) proposed loading and delivery locations including demonstration of their capacity


to accommodate the proposed servicing; and

e) a strategy to manage vehicles servicing the site.

Reason: To avoid obstruction of the surrounding streets and limit the effects of the
increase in travel movements within the locality as well as safeguarding public safety
and the amenity of the surrounding area. (Policies T6 and T8 of the Lambeth Local
Plan).

23) The use hereby permitted shall not commence until details and specifications of the
proposed cycle parking (including visitor parking) shall be submitted to and approved
in writing by the Local Planning Authority. The cycle parking shall be provided in
accordance with the approved details before the building hereby permitted is
occupied and shall thereafter be retained solely for its designated use.
Page 51

Reason: To ensure adequate cycle parking is available on site, the design of the
cycle parking is acceptable and to promote sustainable modes of transport (Policy
T3, Q13 and Q22 of the Lambeth Local Plan).

24) Within three months of work starting on site a BREEAM UK New Construction 2014
fully fitted (or such equivalent standard that replaces this) Design Stage certificate
and summary score sheet must be submitted to and approved in writing by the Local
Planning Authority to show that an Excellent rating will be achieved.

Prior to first occupation of the building(s) a BREEAM UK New Construction 2014 fully
fitted (or such equivalent standard that replaces this) Post Construction Review
certificate and summary score sheet must be submitted to and approved in writing by
the Local Planning Authority to show that a ‘Very Good’ rating has been achieved. All
the measures integrated shall be retained for as long as the development is in
existence.

Reason: To ensure that the development has an acceptable level of sustainability


(Policy EN4 of the Lambeth Local Plan 2015).

25) No non-road mobile machinery (NRMM) shall be used on the application site unless
it is compliant with the NRMM Low Emission Zone requirements (or any superseding
requirements) and has been registered for the site on the NRMM Register (or any
superseding register).

Reason: To ensure that air quality is not adversely affected by the development in
line with section 9 of the Local Plan and the Mayor’s SPG: The Control of Dust and
Emissions during Construction and Demolition.

26) No trees other than those identified in the approved Arboricultural Implication (dated
16.05.2017) shall be felled, pruned, uprooted, damaged or otherwise disturbed
without the prior written agreement of the Local Planning Authority. All approved tree
work shall be carried out in accordance with BS3998:2010.

Reason: To ensure the retention of, and avoid damage to, the retained trees on the
site which represent an important visual amenity to the locality (Local Plan Policy
Q10).

27) The tree protection measures set out in the approved Arboricultural Implication
(dated 16.05.2017) shall be put in place before any construction works commence on
the site.

Reason: To ensure the retention of, and avoid damage to, the retained trees on the
site which represent an important visual amenity to the locality (Local Plan Policy
Q10).

28) No development above ground level shall commence until of the development details
of all hard and soft landscaping (including replacement tree planting) have been
submitted to and approved in writing by the Local Planning Authority. The
specification shall include details of the quantity, size, species, position and the
proposed time of planting of all trees and shrubs to be planted, together with an
indication of how they integrate with the proposed in the long term with regard to their
mature size and anticipated routine maintenance and protection. In addition all
Page 52

shrubs and hedges to be planted that are intended to achieve a significant size and
presence in the landscape shall be similarly specified.

The landscaping scheme shall include, where practicable, details of measures for
rainwater harvesting and surface level water storage. All tree, shrub and hedge
planting included within the above specification shall accord with BS3936:1992,
BS4043:1989, BS4428:1989, BS8545:2014 and current Arboricultural best practice.

Reasons: In order to introduce high quality landscaping in and around the site in the
interests of the ecological value of the site, to contribute to the sustainable
management of surface water and to ensure a satisfactory landscaping of the site in
the interests of visual amenity (Local Plan Policies Q6, Q9 and Q10).

29) The development hereby permitted shall be implemented in accordance with the
details set out in the approved Preliminary Ecological Appraisal (dated March 2017)

Reasons: In order to introduce high quality landscaping in and around the site in the
interests of the ecological value of the site, to contribute to the sustainable
management of surface water and to ensure a satisfactory landscaping of the site in
the interests of visual amenity (Local Plan Policies EN1, Q6, Q9 and Q10).

30) Prior to first occupation of the school building hereby approved a Community Use
Management Plan shall be submitted to and approved in writing by the Local
Planning Authority. The occupation of the building shall be in accordance with the
approved Community Use Management Plan.

Reason: To ensure that appropriate community access to the school facilities is


provided and to protect the amenity of neighbouring properties, to prevent conditions
prejudicial to the function and safety of the highway network and to ensure the
security of the site in accordance with Policies Q1, Q2, Q3, S2, S3 and T6 of the
Lambeth Local Plan (2015).

Informatives(s)

1. This decision letter does not convey an approval or consent which may be
required under any enactment, by-law, order or regulation, other than Section 57 of
the Town and Country Planning Act 1990.

2. You are advised that this consent is without prejudice to any rights which may be
enjoyed by any tenants/occupiers of the premises.

3. Your attention is drawn to the provisions of the Building Regulations, and related
legislation which must be complied with to the satisfaction of the Council's Building
Control Officer.

4. Your attention is drawn to Sections 4 and 7 of the Chronically Sick and Disabled
Persons Act 1970 and the Code of Practice for Access for the Disabled to Buildings
(B.S. 5810:1979) regarding the provision of means of access, parking facilities and
Page 53

sanitary conveniences for the needs of persons visiting, using or employed at the
building or premises who are disabled.

5. You are advised of the necessity to consult the Council's Streetcare team within
the Public Protection Division with regard to the provision of refuse storage and
collection facilities.

6. You are advised of the necessity to consult the Transport and Highways team
within the Transport Division of the Directorate of Environmental Services, with
regard to any alterations affecting the public footway.

7. Surface Water Drainage - With regard to surface water drainage it is the


responsibility of a developer to make proper provision for drainage to ground, water
courses or a suitable sewer. In respect of surface water it is recommended that the
applicant should ensure that storm flows are attenuated or regulated into the
receiving public network through on or off site storage. When it is proposed to
connect to a combined public sewer, the site drainage should be separate and
combined at the final manhole nearest the boundary. Connections are not permitted
for the removal of groundwater. Where the developer proposes to discharge to a
public sewer, prior approval from Thames Water Developer Services will be required.
They can be contacted on 0800 009 3921. Reason - to ensure that the surface water
discharge from the site shall not be detrimental to the existing sewerage system.

8. Legal changes under The Water Industry (Scheme for the Adoption of private
sewers) Regulations 2011 mean that the sections of pipes you share with your
neighbours, or are situated outside of your property boundary which connect to a
public sewer are likely to have transferred to Thames Water's ownership. Should
your proposed building work fall within 3 metres of these pipes we recommend you
contact Thames Water to discuss their status in more detail and to determine if a
building over / near to agreement is required. You can contact Thames Water on
0800 009 3921 or for more information please visit our website at
www.thameswater.co.uk

9. With reference to Condition 30, relating to the Preliminary Ecological Appraisal, as


detailed in Section 6.0 in Table 1, the developer and applicants are hereby advised
that the following should be put into practice:

Habitats:

a) all retained trees should be adequately protected during the work (condition
or Tree Protection Plan)
b) all external landscaping should incorporate native species or those of known
biodiversity value.

Birds:

a) Vegetation clearance should be undertaken outside of the nesting season, and all
buildings should be checked for active nesting sites. Any active nests must remain
unaffected and further advice be sought from a competent ecological adviser.
Page 54

b) Opportunities for house sparrows should be incorporated into the new school building
(to be assessed as part any conditions relating to the final designs for the new school
buildings, with an expectation that there should be enhancements for birds like house
sparrows in any such designs).

Amphibians:

a) Piles of rubble or other waste materials should be stored in skips, on pallets or to the
east of the existing school buildings to minimise the chance of them being used by
common amphibians – this can be an advice note for implementation by the applicant.
Page 55 Agenda Item 4
Page 56

ADDRESS: South Bank Centre, Royal Festival Hall, Belvedere Road London
Application Number: 17/03469/FUL Case Officer: Mr Luke Farmer
Ward: Bishops Date Received: 20/07/2017
Proposal: Temporary installation from 11th October 2017 until 12th January 2018
(including installation and de-installation) of arts exhibits which includes a Finnish sauna,
sculptures, community events, Pop-Up Chalets, Bar, Festival Market and lighting
installations for Southbank Centre's Wintertime Festival. (Town Planning 17/03469/FUL,
Advertisement 17/03566/ADV and Listed Building Consent 17/03612/LB)

Drawing numbers: 01 Rev. 2; 02 Rev. 1; 03 Rev. 1; 04 Rev. 1; 05 Rev. 1; 06 Rev. 1; 07


Rev. 1; 08 Rev. 1; 09 Rev. 1; 10 Rev. 1; 11 Rev. 1; 12 Rev. 1; 13 Rev. 1; 14 Rev. 1; 15
Rev. 1; 16 Rev. 1; 17 Rev. 1; 18 Rev. 1; 19 Rev. 1; 20 Rev. 1; 21 Rev. 1; 22 Rev. 1; SK-
1 Rev. 1; SK-2 Rev. 1.

Documents: Covering Letter dated 17.07.2017; Design, Access and Heritage Statement
dated 17.07.2017; Delivery and Servicing Plan dated 17.07.2017; Exhibit Schedule;
Noise Management Plan dated March 2017; Operating Statement dated 04.09.2017;
Background Noise Measurements dated April 2017; Jimmys Lodge Southbank
Operational & Safety Document.

RECOMMENDATION:

1. Resolve to grant conditional planning permission.

2. Agree to delegate authority to the Director of Planning and Development to


finalise the recommended conditions as set out in this report.

Associated Application: Listed Building Consent


Application Number: 17/03612/LB
Proposal: Temporary attachment of 1 graphic panel to the north elevation (level 5) of the
Royal Festival Hall from 1st November 2017 to 12th January 2018 (including installation
and de-installation) in association with the Southbank Centre's Wintertime Festival.
(Town Planning 17/03469/FUL, Advertisement 17/03566/ADV and Listed Building
Consent 17/03612/LB)

Drawing numbers: 01 Rev. 2; 02 Rev. 1; 03 Rev. 1; 04 Rev. 1; 05 Rev. 1; 06 Rev. 1; 07


Rev. 1; 08 Rev. 1; 09 Rev. 1; 10 Rev. 1; 11 Rev. 1; 12 Rev. 1; 13 Rev. 1; 14 Rev. 1; 15
Rev. 1; 16 Rev. 1; 17 Rev. 1; 18 Rev. 1; 19 Rev. 1; 20 Rev. 1; 21 Rev. 1; 22 Rev. 1; SK-
1 Rev. 1; SK-2 Rev. 1.

Documents: Covering Letter dated 17.07.2017; Design, Access and Heritage Statement
dated 17.07.2017; Delivery and Servicing Plan dated 17.07.2017; Exhibit Schedule;
Noise Management Plan dated March 2017; Operating Statement dated 04.09.2017;
Background Noise Measurements dated April 2017; Jimmys Lodge Southbank
Operational & Safety Document.
Page 57

RECOMMENDATION:

1. Resolve to grant conditional listed building consent.

2. Agree to delegate authority to the Director of Planning and Development to


finalise the recommended conditions as set out in this report.

Associated Application: Advertisement Consent


Application Number: 17/03566/ADV
Proposal: Temporary display from 1st November 2017 to 12th January 2018 (including
installation and de-installation) of signage comprising graphic/artistic displays and way-
finding signs for Southbank Centre's Wintertime Festival. (Town Planning 17/03469/FUL,
Advertisement 17/03566/ADV and Listed Building Consent 17/03612/LB)

Drawing numbers: 01 Rev. 2; 02 Rev. 1; 03 Rev. 1; 04 Rev. 1; 05 Rev. 1; 06 Rev. 1; 07


Rev. 1; 08 Rev. 1; 09 Rev. 1; 10 Rev. 1; 11 Rev. 1; 12 Rev. 1; 13 Rev. 1; 14 Rev. 1; 15
Rev. 1; 16 Rev. 1; 17 Rev. 1; 18 Rev. 1; 19 Rev. 1; 20 Rev. 1; 21 Rev. 1; 22 Rev. 1; SK-
1 Rev. 1; SK-2 Rev. 1.

Documents: Covering Letter dated 17.07.2017; Design, Access and Heritage Statement
dated 17.07.2017; Delivery and Servicing Plan dated 17.07.2017; Exhibit Schedule;
Noise Management Plan dated March 2017; Operating Statement dated 04.09.2017;
Background Noise Measurements dated April 2017; Jimmys Lodge Southbank
Operational & Safety Document.

RECOMMENDATION:

1. Resolve to grant conditional express advertisement consent.

2. Agree to delegate authority to the Director of Planning and Development to


finalise the recommended conditions as set out in this report.

Applicant: South Bank Centre Agent: Mr Adam Coombs


Quod
Ingeni Building
17 Broadwich Street
London
W1F 0AX
Page 58

SITE DESIGNATIONS

Relevant site designations:


Queen’s Walk TPO (CA38) South Bank Conservation Area
London Underground Tunnel Royal Festival Hall (Grade I)
Safeguarding Line
Central Activities Zone (CAZ) Queen Elizabeth Hall (Locally Listed)
Thames Policy Area North Lambeth Archaeological Priority Area
Flood Zone 3 Westminster Pier to St. Paul’s Cathedral
(London View Management Framework
(LVMF) 8)
Waterloo Opportunity Area King Henry VIII’s Mound, Richmond to St.
Paul’s Cathedral (LVMF 9)

LAND USE DETAILS

Site area 3.02 hectares


Page 59

EXECUTIVE SUMMARY

The application site is located on the South Bank of the River Thames in Waterloo, and is
located within the Southbank Centre complex. This includes the Royal Festival Hall, Queen
Elizabeth Hall and the publically accessible pedestrian areas around it, including Queen’s
Walk, which fronts the river.

The application proposes a Winter Festival for a temporary period around Christmas 2017,
and follows similar proposals that have taken place at the application site since 2008.

The proposed festival activities represent an acceptable use of the Southbank area. The
proposal would not have a significant adverse affect on pedestrian flows along Queen’s
Walk, and this section of Queen’s Walk is considered to be wide enough to cope with
anticipated pedestrian footfall levels. The proposal is consistent with the Council’s policies
for the area in relation to arts, cultural and entertainment uses and the use is compatible with
other cultural uses in the vicinity of the Site. In addition, there would not be any harm caused
to the special interest of character of any heritage assets.

As with previous Winter Festivals, the majority of the market stalls would be in a
concentrated area underneath Hungerford Bridge, which is otherwise an underused area.
Where additional exhibits are proposed for the Winter Festival this year, sufficient areas
would be retained for pedestrian flow along Queen’s Walk and for pedestrians to enjoy the
views along the River Thames.

The proposed exhibits and installations do not result in harm to the significance and special
interest of the surrounding statutory and locally listed buildings, including their setting. It is
also considered that the character and appearance of the South Bank Conservation Area
would be preserved. Furthermore, any impact that would be caused by the proposed Finnish
Sauna on the protected view LVMF 9, would be minor and temporary in nature.

The supporting information submitted with the application adequately addresses the issues
of visitor management and other operational issues pertaining to the proposed use.
In terms of residential amenity, the submitted scheme is broadly similar to previous events
and would not result in any significant harmful impacts.

The proposed signage would be in place for a temporary period for the duration of the Winter
Festival. None of the displays would be permanently physically attached to any heritage
asset and therefore the harm would be limited to less than substantial. Sufficient public
benefits would be provided by the scheme to outweigh this harm, also noting that the
signage would only be in place for a short, temporary period.

The temporary nature of the use is such that its impact will be limited. A condition is attached
to ensure that all structures associated with the application are removed and the Site
reinstated once the use ceases.
Page 60

OFFICER’S REPORT

Reason for referral to PAC: The application is reported to the Planning Applications
Committee in accordance with (1)(iii) of the Committee’s terms of reference as it
relates to a major application on a site having an area of 1 hectare or more.

1 SITE & SURROUNDINGS

1.1 The application site (hereafter referred to as ‘the Site’) is located on the South Bank of
the River Thames, bounded by Waterloo Bridge to the north, County Hall to the south,
and Belvedere Road to the east.

1.2 The South Bank complex includes The Queen’s Walk and riverfronts, the space
underneath the Hungerford railway bridge, Southbank Centre Square, and in-between
existing buildings, which include the Royal Festival Hall, Queen Elizabeth Hall and
Hayward Gallery.

1.3 The Queen’s Walk, forming part of the site, also known as the Riverside Walk, is the
spine of the conservation area and presents a very long linear pedestrian boulevard,
which has dictated the siting and form of most of the significant post-war buildings.

1.4 The adjoining Jubilee Gardens is a large open area between County Hall and
Hungerford Bridge. It is soft landscaped with open grassed areas and some trees and
allows views to the north, east and west. The low-lying Hungerford Car Park acts as a
buffer between the gardens and the Hungerford viaduct.

1.5 The Site is situated within the South Bank Conservation Area and lies between two
landmark listed buildings, the Royal Festival Hall (Grade I) and, County Hall (Grade
II*). The river embankment wall to the west of County Hall is Grade II Listed.

1.6 The Hungerford Car Park and Jubilee Gardens are designated as Metropolitan Open
Land (MOL) and the Queen’s Walk is designated as Public Open Space within the
Council’s Local Plan.

1.7 The application site boundary incorporates 3.02ha of land bounded by Belvedere
Road, Waterloo Bridge (National Film Theatre), the river wall and the southern edge of
Jubilee Gardens, including Hungerford car park.

2 PROPOSALS

2.1 Full planning permission is sought for the temporary installation of exhibits in
association with Southbank Centre’s Winter Festival, which is also referred to as
‘Wintertime’. The festival is due to take place from 11th October 2017 to 12th January
2018 (including the installation and deinstallation). The Winter Festival would conclude
Southbank Centre’s year of activities inspired by the eight Nordic countries.

2.2 Temporary installations are proposed in the following spaces:

- The Royal Festival Hall (RFH) Terraces;

- Hungerford Bridge Undercroft;


Page 61

- Along the Queen’s Walk;

- The Southbank Centre site perimeter;

- The Queen Elizabeth Hall (QEH) Roof Garden; and,

- The Level Five balcony of the RFH.

2.3 The vacant possession of the adjacent Hungerford Car Park was transferred from
Southbank Centre to Braeburn Estates (Hungerford) Limited (Braeburn) at the end of
February 2017. On this basis, Southbank Centre’s temporary installations would not
be located on the Hungerford Car Park this year. However, a portion of the car park
that runs parallel to the RFH Service Road will be a site for storage containers and site
servicing. A separate application has been submitted by Underbelly for their element
of a Winter Festival, which would take place on the Hungerford Car Park
(17/03694/FUL and 17/03695/ADV).

2.4 A number of the proposed installations formed part of last year’s Winter Festival.
These include the market chalets (total of 31) for the Winter Market, suspended light
installations, the Gonks (total of 5) and trees and the banner across the Level 5
balcony of RFH. A Gonk is a mythological creature from Scandinavian folklore, today
typically associated with the winter solstice and the Christmas season. It is generally
described as being no taller than three feet, having a long white beard, and wearing a
conical or knit cap in red / a bright colour. They often have an appearance somewhat
similar to that of a garden gnome. The Gonk would greet / welcome visitors on site at
key locations.

2.5 The new additions proposed are as follows:

- ‘The Lodge on the River’

o As per ‘Jimmy’s BBQ’, which is part of the Summertime 2017 festival, The
Lodge on the River would use the same structure, and would be located in
the same position on Queen’s Walk opposite QEH. Its approximate
dimensions would be 15 metres in length, 5 metres in width and 5 metres in
height. It would offer a roof-top dining experience, providing views of River
Thames. Additional public seating would also be available. Furthermore,
customers of The Lodge on the River would have exclusive access to
additional, enhanced seating, in the form of 4 no. fondue lounges. These
fondue lounges resemble igloos and were previously used by Coppa Club
last winter near Tower Bridge.

- Finnish Sauna

o This would be located on the QEH Roof Garden, utilising the views over the
River Thames. The sauna would be open to the public through a ticketing
process with booking via Southbank Centre’s website.
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o The appropriate maximum dimensions of the sauna would be 20m in length


x 10m in depth x 5m in height, with the installation area being 200 square
metres (sqm) and the internal floorspace being 85sqm. Proposed materials
comprise wood, metal, plastic and glass.

o The sauna would include a traditional wood-heated sauna or chimneyless


smoke sauna; outside area to be fully secluded from remaining roof garden
area; capacity and seating for a maximum of 20 adults at any one time
within the sauna itself; a glazed window so users can sit and have views of
the River Thames from within the sauna; a secluded exterior area within the
sauna perimeter to include seating with exterior cold shower buckets; and
changing rooms, lockers and shower rooms for male and female use.

o It is anticipated that the sauna would be in operation from 1pm to 10pm


each day. Each time slot would be 1 hour and 15 minutes to allow guests to
change into swimwear, experience the sauna, be guided through the
historical and cultural context to Finnish saunas, change back into clothes
and for the guide to check over the sauna and dressing rooms for
cleanliness before the next group arrives.

- Winter Bar

o Located underneath the railway and Hungerford pedestrian bridges, in the


area previously occupied by the roller disco. This would include a covered
seated area.

- Re-creation of the Northern Lights (Aurora Borealis)

o A light display to represent the Northern Lights would be projected on the


north-west elevation of the RFH. These would be switched on at dusk and
remain on until 2.30am, in line with the premises licensing hours. The lights
would be displayed on the curved elevation at the top level of the RFH and
would be designed to prevent light spilling over the sides. As such, the
display would be predominantly seen from the north side of the River
Thames and walking across the bridges. The equipment for the Northern
Lights installation would consist of 4 x 20w lasers on 2 laser towers (2.4m x
3m sq.) and would be positioned on the RFH roof.

- ‘The Flying Culinary Circus’ (FCC)

o The FCC are a team of four chefs based in Norway. This would be located
along the north-eastern elevation of the RFH, adjacent to the service road.

2.6 The majority of the market chalets would be located close to and under Hungerford
Bridge. A further 8 no. chalets would be positioned along Queen’s Walk, in the area
closest to Waterloo Bridge. The chalets would offer a range of items including craft
items, food and drink. A Winter Bar is also proposed under Hungerford Bridge in the
area at the end of the service road.
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Figure 1: Proposed Ground Floor Plan

Figure 2: Proposed Second Floor Plan


Page 64

2.7 The majority of the Wintertime would take place over a 10-week period (including
installation and de-installation periods). The installation period would commence on 1st
November 2017 and the Festival would open on 10th November 2017. The Festival
would run until 2nd January 2018, and the de-installation would be completed by 12th
January 2018. However, an additional amount of time is required for the installation of
the Finnish Sauna due to its scale and nature. The installation period for the sauna is
therefore proposed to commence from the 11th October 2017.

2.8 In line with previous Festivals, the proposed daily opening hours for the external areas
would be 10.00am to 11.00pm Monday to Sunday. Some of the ancillary uses, such as
‘pop-up’ cafes, may operate from 8.00am (within the vicinity of the Queen’s Walk),
consistent with the opening hours of other existing users on the Southbank Centre
site. The Sauna would be open from 1.00pm to 10.00pm daily. Longer opening hours
are proposed across the site on New Year’s Eve until 2.00am.

2.9 Advertisement consent is sought for signage to be displayed on hoardings and graphic
panels in a variety of locations across the Site and temporary artistic window displays
within the RFH. There would be a total of 8 no. ‘Symbols of Welcome’ which would
welcome visitors to the festival and provide information about Wintertime.

2.10 Listed building consent is sought for the attachment of one temporary graphic panel on
the north-western elevation of the RFH and temporary installation/attachment of
scaffolding for artistic installation of Christmas trees and lights from the level 2 balcony
on the south-eastern side of the RFH.

3 RELEVANT PLANNING HISTORY

3.1 The proposal follows on from previous Winter Festivals and Christmas Markets, which
have been hosted at the Southbank Centre since 2008. Up until and including the
2013-14 Winter Festival, these were operated by separate suppliers and
organisations. However, since then, Southbank Centre designed and operated the
majority of the Winter Festival, including the temporary Christmas Market. The relevant
planning history is as follows:

2008

3.2 26.11.2008 – Planning permission was granted (temporary one year permission) for
the erection of 40 temporary market stalls associated with the Christmas Market along
the Queen's Walk (between the London Eye and the royal festival hall) for a duration
of 37 days in November and December (market to be held annually for five years)
(08/03597/FUL).

This consent was not implemented due to logistical difficulties involved with operating
the Christmas Market between the London Eye and the Flagpole at Jubilee Gardens
and therefore a second scheme was lodged (Ref. No. 08/04082/FUL, cited below),
which sought to shift the market further east along the Queen's Walk.
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3.3 03.12.2008 – Planning permission was granted for the erection of 40 temporary
market stalls associated with the Christmas Market along the Queen's Walk (between
the Flagpole at Jubilee Gardens and the National Theatre) and the siting of plant and
equipment to be located on a small area of Hungerford car park for a duration of 37
days in November and December (08/04082/FUL).

2009

3.4 15.10.2009 – Planning permission was granted for the erection of 60 temporary
market stalls associated with the Christmas market to be located along Queen's Walk
(between the Flagpole at Jubilee Gardens and the Royal Festival Hall) and the siting
of plant and equipment to be located on a small area of Hungerford Car Park for a
duration of 46 days in November and December 2009 (09/02863/FUL).

2010

3.5 29.10.2010 – Planning permission was granted for the erection of 60 temporary
market stalls associated with the Christmas market located along Oueen’s Walk
(between the flagpole at Jubilee Gardens and the Royal Festival Hall) including the
siting of plant and equipment located on a small area of Hungerford car park for a
duration of 47 days between November and December 2010 (10/03047/FUL).

2011

3.6 22.11.2011 – Planning permission was granted for the erection of 60 temporary
market stalls associated with the Christmas market to be located along Queen's Walk
(between the flagpole at Jubilee Gardens and the Royal Festival Hall) and the siting of
plant and equipment to be located on a small area of Hungerford car park for a
duration of 50 days in November and December 2011 (11/02917/FUL).

2012

3.7 21.11.2012 – Planning permission was granted for erection of 76 temporary market
stalls associated with the Christmas Market to be located along the Queens Walk
(between the flagpole at Jubilee Gardens and Waterloo Bridge) and the siting of
associated equipment to be located on part of Hungerford Car Park for a duration
between 9 November 2012 and 29 December 2012 (51 days including installation and
removal periods) (12/03613/FUL).

2013-14

3.8 21.10.2013 – Planning permission was granted for the erection of 76 temporary
market stalls associated with the Christmas Market to be located along the Queens
Walk (between the flagpole at Jubilee Gardens and Waterloo Bridge) and the siting of
associated equipment to be located on part of Hungerford Car Park for a duration
between 6 November 2013 and 29 December 2013 (54 days including installation and
removal periods) (13/04042/FUL).

3.9 04.12.2013 – Planning permission was granted for the temporary installation (from 22
November 2013 to 12 January 2014) of five art exhibits associated with the winter
festival (13/04819/FUL).
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3.10 17.12.2013 – Advertisement consent was granted for the retention and continued
display of 1x temporary non illuminated graphic panel on the north elevation (Royal
Festival Hall) for the period up to 12th January 2014 (13/04948/ADV).

3.11 17.12.2013 – Listed building consent was granted for the retention and continued
display of 1x temporary non illuminated graphic panel on the north elevation (Royal
Festival Hall) for the period up to 12th January 2014 (13/04949/LB).

2014-15

3.12 21.10.2014 – Planning permission was granted for the temporary installation (from
24th October 2014 to 21st January 2015) of art exhibits comprising sculptures, other
settings for artist and community events and temporary structures including a
Spiegeltent touring theatre structure. 'pop up' cafes & bars, a Christmas market, a
Christmas tree maze and gift workshop, children's train and other associated
structures in association with the Southbank Centre's Winter Festival including areas
along the Queens Walk, The Southbank Centre Estate, Hungerford Car and Coach
Park and Jubilee Gardens (Town Planning, Advertising and Listed Building Consent)
(Amended Description) (14/04471/FUL).

3.13 21.10.2014 – Advertisement consent was granted for the temporary display (from 24th
October 2014 to 25th January 2015) of signage comprising graphic/ artistic displays
(including graphic panel to the north elevation of Royal Festival Hall) and way finding
signs in association with Southbank Centre's Winter Festival including areas along the
Queens Walk, The Southbank Centre Estate, Hungerford Car and Coach Park and
Jubilee Gardens (Town Planning, Advertising and Listed Building Consent) (Amended
Description) (14/04466/ADV).

3.14 21.10.2014 – Listed building consent was granted for the attachment (by temporary
adhesive) of 1 no. graphic panel to the north elevation (level 5 (4th floor)) of Royal
Festival Hall from 24th October 2014 to 25th January 2015 in association with the
Southbank Centre's Winter Festival (Town Planning, Advertising and Listed Building
Consent) (14/04472/LB).

2015-16

3.15 13.10.2015 – Planning permission was granted for the temporary installation from 12th
October 2015 to 24th January 2016 (including installation and de-installation) of the
Spiegeltent touring theatre and associated structures at the Hungerford Car Park and
the temporary installation from 6th November 2015 to 24th January 2016 (including
installation and de-installation) of all other art exhibits, sculptures, community events
and temporary structures including pop up cafes and bars, a Christmas market, an
artistic Christmas tree and lighting installations in association with Southbank Centre's
Winter Festival located across the Southbank Centre Estate, areas of the Queens
Walk and Hungerford Car and Coach Park (15/04249/FUL).
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3.16 13.10.2015 – Advertisement consent was granted for the display of 6 non-illuminated
signs comprising graphic/artistic displays and way finding signs for Southbank Centre's
Winter Festival for a temporary period from 6th November 2015 to 24th January 2016
(Town planning, Listed Building and Advertisement consent applications)
(15/04250/ADV).

3.17 13.10.2015 – Listed building consent was granted for the display of 1 graphic panel to
the North elevation (level 5 (4th Floor)) of Royal Festival Hall for a temporary period for
a temporary period from 25th November 2015 to 24th January 2016 in association with
the Southbank Centre's Winter Festival (Town planning, Listed Building and
Advertisement consent applications) (15/04251/LB).

2016-17

3.18 19.10.2016 – Planning permission was granted for the temporary installation (from the
28th October 2016 until the 31st January 2017) (including installation and de-
installation) of a Circus theatre tent, temporary circus accommodation area and
associated structures on Hungerford Car and Coach Park along with art exhibits,
sculptures, Pop-Up cafes and bars, festival market and lighting installations in
association with Southbank Centres Winter Festival located across the Southbank
Centre Estate (16/04445/FUL).

3.19 19.10.2016 – Temporary display (from the 28th October 2016 to the 31st January
2017) of signage comprising graphic/artistic displays and way finding signs for
Southbank Centres Winter Festival (16/04446/ADV).

3.20 18.10.2016 – The attachment (by temporary adhesive) of 1.no. graphic panel on the
north elevation (level 5) of the Royal Festival Hall and temporary attachment of
Christmas trees and lights from the level 2 balcony on the south side of the Royal
Festival Hall from the 28th October 2016 to the 31st January 2017 in association with
Southbank Centres Winter Festival (16/04447/LB).

2017-18

3.21 Pending Consideration – Temporary planning permission for a period from 27th
October 2017 to 19th January 2018 (including installation and de-installation) for the
erection of structures and signage, including a Christmas Market comprising up to 22
wooden chalets, and a Cider Lodge, for Underbelly Christmas 2017 (17/03694/FUL).

3.22 Pending Consideration – Temporary display of signage at Hungerford coach/car park


and part of Queens Walk from 27th October 2017 to 19th January 2018 (including
installation and de-installation) associated with the Underbelly Christmas 2017
(17/03695/ADV).
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4 CONSULTATIONS

4.1 Statutory and Internal/External Consultees

Conservation and Design: Raised no objections to the scheme of the whole, but
noted that the proposed ‘Lodge on the River’ would have an increased impact on
views along the river than that approved as part of the 2017 Summer Festival, given
the envisaged more solid form of the structure at first floor level. It is not concluded
that this would cause harm to the significance or setting of the surrounding heritage
assets however. It is noted that the banner signage that is proposed, would not likely
be something that would be supported on a permanent basis, as it would cause less
than substantial harm to the significance of the RFH. However, on the basis that it
would not require fixings that would harm the building, and given that it would only be
erected for a temporary period, no objections are raised.

Transport and Highways: Raised no objections, subject to all queuing to exhibits


being managed on-site.

Historic England: Raised no objections.

Historic England (Archaeology): Raised no objections.

Transport for London: Raised no objections, subject to the Operating Statement


including details of how visitors would be informed about planned transport works
that may affect their onward journey from the Site.

Environment Agency: Raised no objections.

Environmental Health (Noise): Raised no objections subject to conditions, which


would require further information as to how the noise targets would be met across the
Site.

Waste Collection Services: Raised no objections.

Secured by Design: Raised no objections following an on-site meeting.

NATS (National Air Traffic Services): Raised no objections.

Food Health and Safety: Raised no objection subject to the appropriate provision of
toilets and waste storage areas.

Parks and Open Spaces: Raised no objections subject to the ground being returned
to its original condition following the end of the Winter Festival.

Network Rail: Advised that whilst it does not appear to be proposed, nothing should
be hung from or attached to Network Rail assets without their approval, and nothing
should be erected that could distract a train driver from viewing signals, such as
lighting installations.
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4.2 Adjoining owners/occupiers

A site notice was displayed from 30.07.2017 to 20.08.2017 and the application was
advertised in the local paper on 30.07.2017. The statutory consultation period ended
on 20.08.2017. In response, 0 letters of representation have been submitted.

5 POLICIES

5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning
decisions to be made in accordance with the development plan unless material
considerations indicate otherwise.

5.2 The development plan in Lambeth is the London Plan (2015) (as amended by the
Minor Alterations to the London Plan 2016), and the Lambeth Local Plan (2015).

5.3 The National Planning Policy Framework was published in 2012. This document sets
out the Government’s planning policies for England including the presumption in
favour of sustainable development and is a material consideration in the determination
of all applications.

5.4 The current planning application has been considered against all relevant national,
regional and local planning policies as well as any relevant guidance. Set out below
are those policies most relevant to the application, however, consideration is made
against the development plan as a whole.

5.5 The London Plan (2015, as amended by the Minor Alterations to the London
Plan, 2016):

- Policy 1.1: Delivering the Strategic Vision and Objectives for London
- Policy 2.1: London in its Global. European and United Kingdom Context
- Policy 2.10: Central Activities Zone – Strategic Priorities
- Policy 2.11: Central Activities Zone – Strategic Functions
- Policy 2.18: Green Infrastructure: The Network of Open and Green Spaces
- Policy 4.5: London’s Visitor Infrastructure
- Policy 4.6: Support for and Enhancement of Arts, Culture, Sport and Entertainment
Provision
- Policy 5.12: Flood Risk Management
- Policy 6.3: Assessing Effects of Development on Transport Capacity
- Policy 6.9: Cycling
- Policy 6.10: Walking
- Policy 6.13: Parking
- Policy 7.3: Designing Out Crime
- Policy 7.5: Public Realm
- Policy 7.6: Architecture
- Policy 7.8: Heritage Assets and Archaeology
- Policy 7.11: London View Management Framework
- Policy 7.12: Implementing the London View Management Framework
- Policy 7.17: Metropolitan Open Land
- Policy 7.21: Trees and Woodlands
- Policy 7.29: The River Thames
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5.6 Lambeth Local Plan (2015) (LLP):

- Policy D1: Delivery and Monitoring


- Policy ED7: Evening Economy and Food and Drink Uses
- Policy ED11: Visitor Attractions, Leisure, Arts and Culture Uses
- Policy T1: Sustainable Travel
- Policy T2: Walking
- Policy T4: Public Transport Infrastructure
- Policy T5: River Transport
- Policy T6: Assessing Impacts of Development on Transport Capacity
- Policy T7: Parking
- Policy T8: Servicing
- Policy EN1: Open Space and Biodiversity
- Policy EN5: Flood Risk
- Policy Q2: Amenity
- Policy Q3: Community Safety
- Policy Q4: Public Art
- Policy Q5: Local Distinctiveness
- Policy Q10: Trees
- Policy Q17: Advertisements and Signage
- Policy Q19: Westminster World Heritage Site
- Policy Q20: Statutory Listed Buildings
- Policy Q21: Registered Parks and Gardens
- Policy Q22: Conservation Areas
- Policy Q23: Undesignated Heritage Assets: Local Heritage List
- Policy Q24: River Thames
- Policy Q25: Views
- Policy: PN1 Waterloo

5.7 Regional Guidance

Relevant Supplementary Planning Guidance (SPG’s) from the GLA:

- Accessible London: Achieving and Inclusive Environment SPG (2014)


- Planning for Equality and Diversity in London SPG (2007)

5.8 Local Guidance / Supplementary Planning Documents (SPDs)

Relevant local guidance and SPDs for Lambeth:

- Waterloo SPD
- Refuse & Recycling Storage Design Guide
- Waste & Recycling Storage and Collection Requirements
- South Bank Conservation Area Statement
Page 71

6 PLANNING OFFICER’S ASSESSMENT

6.1 Land Use

The South Bank Centre is located within the Central Activities Zone (CAZ) and is an
established centre for arts and culture. Local Plan Policy ED11 seeks to promote,
safeguard and improve leisure, recreation, arts and cultural facilities in the borough
where they meet local and wider needs, especially in the Central Activities Zone,
Vauxhall and Waterloo London Plan Opportunity Areas and in town centres.

Policy ED11 further states that commercial development related to cultural facilities
on the South Bank and in Waterloo will be supported where it is associated with arts
and cultural uses, or is ancillary and complementary to the arts and cultural uses,
and where it can be demonstrated that it is essential to the development and/or the
retention of arts and cultural facilities; it would not undermine the primary character
and function of the South Bank as an arts and cultural quarter; and any enabling
development supports and enhances the function and role of the arts or cultural
facility that is proposing the development.

Part (d) of the policy states that the Council will support the temporary use of vacant
commercial premises, open space and public realm for performance and creative
work, subject to the nature of the proposed activity and the requirements of other
policies.

The London Plan identifies The South Bank as being a strategically important area
for arts, culture and entertainment in London, which provides some of the most
exciting opportunities in London for the development of arts and cultural facilities in
the foreseeable future.

The proposed temporary Winter Festival and Christmas Market, is now established
as an annual event following planning permissions in 2008, 2009, 2010, 2011, 2012,
2013, 2014, 2015 and 2016. The proposed development is considered compliant with
the aims of Policy ED11 of the Lambeth Local Plan.

Policy PN1 deals with economic development and the aims and aspirations for the
wider Waterloo area. It supports the vitality and vibrancy of the neighbourhood,
particularly through the promotion of arts and cultural activities. The South Bank is
identified as a particular focus for cultural and leisure uses and it is considered that
the proposed temporary scheme would contribute to this aspiration over the winter
period. As such, the proposed scheme would enhance the riverside location as an
important destination.

The installation phase of this year’s winter festival would commence on the 1st
November, with exception to the proposed sauna, which would commence
installation on 11th October. The festival would open on 10th November and close on
2nd January. De-installation would be complete by 12th January. The operating period
is similar to previous years and is considered acceptable. It is noted that while the
installation for the sauna would commence earlier than the other works, this would
not cause disruption to pedestrians given its location on the roof terrace of QEH.
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6.2 Design and Conservation

Policy Q1 of the Local Plan expects applicants to show in their supporting statements
how their proposals achieve inclusive design. Policy Q20 of the Lambeth Local Plan
requires that all development affecting listed buildings to conserve and not harm their
significance, special interest or setting. Policy Q22 of the Lambeth Local Plan
requires development to preserve or enhance the character and appearance of
conservation areas, including their setting.

The Queen’s Walk, also known as the Riverside Walk, is the spine of South Bank
Conservation Area and presents a very long linear pedestrian boulevard, which has
dictated the siting and form of most of the significant post-war buildings. Prior to
2014, the approved Christmas Markets involved the temporary installation of market
stalls along Queens Walk from Jubilee Gardens to Waterloo Bridge.

It is noted that the Site no longer includes the Hungerford Car Park, so therefore the
overall space available for market stalls in particular, has decreased from that of
previous years. Whilst the application proposes a total of 31 market stalls as opposed
to the 38 market stalls that were approved in 2016, 18 of the 38 market stalls in 2016,
were located on the Hungerford Car Park. As such, given the reduction in the Site
area, a total of 11 extra market stalls are proposed in the remaining Site area
compared to last year’s festival. Primarily these would be located along Queen’s
Walk in front of the north-western elevation of the RFH, with 8 market stalls proposed
in this area in 4 groups of 2. The remaining 3 additional market stalls would be
located beneath Hungerford Bridge in the same area where market stalls were
located last year. As part of the separate application by Underbelly at the adjacent
Hungerford Car Park (17/03694/FUL) for their Winter Festival, a total of 22 market
stalls are proposed. Therefore, across the combined sites, a total of 53 market stalls
are proposed, compared to the 38 market stalls that were approved as part of the
2016 Winter Festival.
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Figure 3: The additional 8 no. market stalls proposed along Queen’s Walk, outlined in green

Together with the additional market stalls proposed along Queen’s Walk compared to
the 2016 Winter Festival, additional exhibits are also proposed further along Queen’s
Walk, adjacent to Waterloo Bridge. This is in the form of ‘The Lodge on the River’
which is also referred to as Jimmy’s BBQ/bar. The ‘Lodge on the River’ would be a
‘pop-up’ café and bar, offering a roof-top dining experience, taking in views of the
River Thames. Adjacent to this would be 4 no. igloos which would operate in
accordance with the Lodge.

Figure 4: ‘The Lodge on the River’, also labelled as Jimmy’s Bar/BBQ, together with 4 no.
igloos
Page 74

It is noted that ‘The Lodge on the River’ and 4 no. igloos would be located in an area
where exhibits were approved as part of the 2017 Summer Festival. Furthermore, the
structure proposed for ‘The Lodge on the River’ is of the same form and in the same
location as that approved as part of the approved 2017 Summer Festival, known as
Jimmy’s BBQ/bar. Whilst there would be additional exhibits along Queen’s Walk
compared to the 2016 Winter Festival, inclusive of the additional market stalls
referred to above, generally these are in areas where exhibits have previously been
approved for other festivals. Sufficient space for pedestrians to walk along Queen’s
Walk would be retained, as would sufficient areas for pedestrians to enjoy the views
along the River Thames. Therefore, the proposed additional exhibits compared to the
2016 Winter Festival are considered acceptable.

Figure 5: ‘The Lodge on the River’ together with the 4 no. igloos

Figure 6: Jimmy’s BBQ as approved as part of the 2017 Summer Festival, which would be
similar in form to the proposed ‘The Lodge on the River’. Adjacent sandpits where the 4 no.
igloos are proposed to be sited
Page 75

With regard to the proposed Finnish Sauna, this would be located on the roof of the
QEH, where other similar temporary structures have previously been approved such
as the ‘Room for London’ (latest planning permission reference 15/06424/FUL). The
sauna would be constructed around the existing concrete benches in order to protect
these features. Its use would enhance the interactive arts experience that the QEH,
Purcell Room and Hayward’s Gallery was designed to promote. Given this and its
location at roof level and its temporary nature, it is considered that the sauna would
not harm the significance or special historic interest of the locally listed QEH, and the
character and appearance of the conservation area would be preserved. It is noted
that the proposed location of the sauna falls within the protected view LVMF 9
(Westminster Pier to St. Paul’s Cathedral), but given the temporary nature of the
proposed sauna, any minor disturbance to this view that would be caused, is
considered acceptable.

Figure 7: Location of the proposed Finnish Sauna

The proposed development would also consist of various other exhibits to continue
the Nordic theme, such as Christmas trees and Nordic Gonks that would be located
throughout the curtilage of the Southbank Centre. The majority of the installations
would be freestanding and would include suspended and projected lighting. For the
proposed recreation of the Northern Lights, lighting equipment would be positioned
on the roof of the RFH, but not physically attached to it. Additionally, a Winter Bar is
proposed underneath the railway and Hungerford railway bridges. The location of this
is considered acceptable, as it would enliven an otherwise underused area.
Page 76

Figure 8: An example of a Nordic Gonk from the 2016 Winter Festival

Given that none of the installations referred to above would be physically attached to
any listed structure, and as they would enhance the cultural offer of the Southbank
Centre Complex, it is considered that there would not be any harm caused to the
special interest or character of any heritage assets which would accord Policies Q20
and Q22 of the Lambeth Local Plan.

The Town & Country Planning (Control of Advertisements) (England) Regulations


2007 and the National Planning Practice Guidance – Advertisements states that local
planning authorities are required to exercise their powers under the Regulations with
regard to adverse effects on the amenity and public safety of the area, taking into
account relevant development plan policies in so far as they relate to amenity and
public safety, and any other relevant factors.

It is considered that individually, the visual impact of the proposed displays would be
minimal. However, the cumulative impact of the displays and installations would
result in a substantial visual presence in and around the Southbank Centre site.

The displays and installations would be in place for a temporary period for the
duration of the Winter Festival. None of the displays would be permanently physically
attached to any heritage asset, they would all be linked to art installations and would
not be commercial in nature. The Southbank Centre is an established arts and
cultural centre and events such as this, along with the associated signage, have
been hosted in the recent past including the Festival of Love in 2014, the Festival of
the Neighbourhood in 2013, the Festival of the World in 2012 and the Festival of
Britain in 2011.
Page 77

The submitted information states that the Banner at Level 5 of the Royal Festival Hall
would have dimensions of 56m wide x 1.4m high, which are of similar dimensions to
the banner displayed at this location during the previous summer and winter festivals.
Any concern regarding the scale, massing and visual impact of the proposals would
be mitigated by the fact that proposals would be temporary in nature and would have
no lasting adverse impact on the surrounding conservation areas or listed buildings.
However, given the proposed banner signage would be at a high level, compared to
the other low level signage, it is considered that less than substantial harm would be
caused to the historical significance of the RF.

Legislative and National Policy Considerations

Given harm has been identified to a heritage asset, this section sets out the
legislative and national policy context for the Officer assessment of the impact of the
development proposal on the historic environment and its heritage assets.

Legislative Framework

The following legal commentary is provided:

Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990
(“PLBCAA”) provides that in considering whether to grant planning permission for
development which affects a listed building or its setting, the local planning authority
shall have special regard to the desirability of preserving the building or its setting or
any features of special architectural or historic interest which it possesses.

Section 72(1) PLBCAA provides that in the exercise, with respect to any buildings or
other land in a conservation area, of any functions under or by virtue of (amongst
others) the planning Acts, special attention shall be paid to the desirability of
preserving or enhancing the character or appearance of the conservation area.

The South Lakeland District Council v Secretary of State for the Environment case
and the Barnwell Manor case (East Northamptonshire DC v SSCLG) establish that
“preserving” in both s.66 and s.72 means “doing no harm’.

National Policy

Paragraph 17 of the NPPF sets out 12 “core planning principles” that should underpin
both plan-making and decision-taking. Those principles include the following:

“Planning should always seek to secure high quality design and 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 generation”.

The NPPF defines a “heritage asset” as:

“A building, monument, site place, area or landscape identified as having a degree of


significance meriting consideration in planning decisions, because of its heritage
interest”.
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The definition includes both designated heritage assets (of which, Listed Buildings
and Conservation Areas are relevant here) and assets identified by the local planning
authority (including local listing).

“Significance” is defined within the NPPF as being:

“the value of a heritage asset to this and future generations because of its heritage
interest. That interest may be archaeological, architectural, artistic or historic.
Significance derives from a heritage asset’s physical presence, but also from its
“setting”.

Paragraph 129 of the NPPF requires local planning authorities to identify and assess
the particular significance of any heritage asset that may be affected by a proposal
(including by development affecting its setting), taking account of the available
evidence and any necessary expertise. That assessment should then be taken into
account when considering the impact of the proposal on the heritage asset, to avoid
or minimise conflict between the heritage asset’s conservation and any aspect of the
proposal.

Paragraphs 131 and 132 of the NPPF provide as follows:

131. In determining planning applications, local planning authorities should take


account of:
 the desirability of sustaining and enhancing the significance of heritage assets
and putting them to viable uses consistent with their conservation;
 the positive contribution that conservation of heritage assets can make to
sustainable communities including their economic vitality; and
 the desirability of new development making a positive contribution to local
character and distinctiveness.

132. When considering the impact of a proposed development on the significance of


a designated heritage asset, great weight should be given to the asset’s
conservation. The more important the asset, the greater the weight should be.
Significance can be harmed or lost through alteration or destruction of the heritage
asset or development within its setting. As heritage assets are irreplaceable, any
harm or loss should require clear and convincing justification. Substantial harm to or
loss of a grade II listed building, park or garden should be exceptional. Substantial
harm to or loss of designated heritage assets of the highest significance, notably
scheduled monuments, protected wreck sites, battlefields, grade I and II* listed
buildings, grade I and II* registered parks and gardens, and World Heritage Sites,
should be wholly exceptional.

Paragraph 133 of the NPPF deals with substantial harm to or total loss of
significance of significance of a designated heritage asset.

Paragraph 134 of the NPPF provides that where a development proposal will lead to
less than substantial harm to the significance of the designated heritage asset, this
harm should be weighed against the public benefits of the proposal, including
securing its optimum viable use.
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Paragraph 135 of the NPPF deals with non-designated heritage assets as follows:

135. The effect of an application on the significance of a non-designated heritage


asset should be taken into account in determining the application. In weighing
applications that affect directly or indirectly non designated heritage assets, a
balanced judgement will be required having regard to the scale of any harm or loss
and the significance of the heritage asset.

Paragraphs 137 and 138 of the NPPF are as follows:

137. Local planning authorities should look for opportunities for new development
within Conservation Areas and World Heritage Sites and within the setting of heritage
assets to enhance or better reveal their significance. Proposals that preserve those
elements of the setting that make a positive contribution to or better reveal the
significance of the asset should be treated favourably.

138. Not all elements of a World Heritage Site or Conservation Area will necessarily
contribute to its significance. Loss of a building (or other element) which makes a
positive contribution to the significance of the Conservation Area or World Heritage
Site should be treated either as substantial harm under paragraph 133 or less than
substantial harm under paragraph 134, as appropriate, taking into account the
relative significance of the element affected and its contribution to the significance of
the Conservation Area or World Heritage Site as a whole.

Officers have also had regard to the Planning Practice Guidance in respect of
conserving and enhancing the historic environment.

Approach Required

Turning to consider the application of the legislative and policy requirements set out
above, the first step is for the decision-maker to consider each of the designated
heritage assets which would be affected by the proposed development in turn and
assess whether the proposed development would result in any harm to the
significance of the designated heritage asset.

The decision of the Court of Appeal in Barnwell Manor confirms that the assessment
of the degree of harm to the heritage asset is a matter for the planning judgement of
the decision-maker. However, where the decision-maker concludes that there would
be some harm to the heritage asset, in deciding whether that harm would be
outweighed by the advantages of the proposed development (in the course of
undertaking the analysis required by s.38(6) PCPA 2004) the decision-maker is not
free to give the harm such weight as the decision-maker thinks appropriate. Rather,
Barnwell Manor establishes that a finding of harm to a heritage asset is a
consideration to which the decision maker must give considerable importance and
weight in carrying out the balancing exercise.
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There is therefore a “strong presumption” against granting planning permission for


development which would harm a heritage asset. In the Forge Field case the High
Court explained that the presumption is a statutory one. It is not irrebuttable. It can be
outweighed by material considerations powerful enough to do so. But a local
planning authority can only properly strike the balance between harm to a heritage
asset on the one hand and planning benefits on the other if it is conscious of the
statutory presumption in favour of preservation and if it demonstrably applies that
presumption to the proposal it is considering.

The case-law also establishes that even where the harm identified is less than
substantial (i.e. falls within paragraph 134 of the NPPF), that harm must still be given
considerable importance and weight.

Where more than one heritage asset would be harmed by the proposed
development, the decision-maker also needs to ensure that when the balancing
exercise in undertaken, the cumulative effect of those several harms to individual
assets is properly considered.

Noting the above assessment, Officers consider that the proposed banner signage
would cause less than substantial harm to the historical significance of the RFH, but
no harm would be caused by any part of the remainder of the proposals on any of the
other designated and non-designated heritage assets. What follows is an Officer
assessment of the harm versus the benefits of the proposed development.

Assessment of Harm versus Benefits

The NPPG provides guidance on the meaning of public benefits. It advises that
public benefits:

“may follow from many developments and could be anything that delivers economic,
social or environmental progress as described in the National Planning Policy
Framework. Public benefits should flow from the proposed development. They
should be of a nature of scale to be of benefit to the public at large and should not
just be a private benefit. However, benefits do not always have to be visible or
accessible to the public in order to be genuine public benefits.

Public benefits may include heritage benefits”


Page 81

The public benefits that would be provided by the scheme include the improved
cultural offering that would be provided along the South Bank, enhancing this existing
positive characteristic of the area, including the increased economic benefits over the
Christmas period. Furthermore, noting that the signage and festival would only be for
a limited period, no long term harm would be caused to the historical significance of
the Grade I listed RFH. Given the above, it is considered that the proposed
development would provide sufficient public benefits that would, having attached
considerable weight and importance to the less than substantial harm that would be
caused to the significance of the designated heritage asset of the RFH, outweigh the
harm that would be caused by the proposed development. The proposed
development would as such accord with paragraph 134 of the NPPF, the statutory
obligations contained within Sections 66 and 72 of the Planning (Listed Buildings and
Conservation Areas) Act 1990, and the relevant London Plan and Lambeth Local
Plan policies.

Given the above and the temporary nature of the scheme, the proposed application
is in compliance with Polices Q2, Q3, Q6, Q17, Q20 and Q24 of Lambeth Local Plan
(2015).

6.3 Trees

Policy Q10 of the Lambeth Local Plan requires proposals for new development to
take particular account of existing trees on the site and on adjoining land. Policy Q10
of the Lambeth Local Plan further states that development will not be permitted that
would result in the loss of trees of significant amenity, historic or ecological/habitat
conservation value, or give rise to a threat, immediate or long term, to the continued
wellbeing of such trees.

The proposals seek to hang decorative Christmas lights on trees along Queen’s
Walk. The Christmas lighting would be similar to that used in previous Winter
Festivals and would not be permanently fixed to trees. No pruning or felling of trees is
proposed, and as such the application is considered to be in accordance with Policy
Q10 of the Lambeth Local Plan.

6.4 Amenity

Lambeth Local Plan Policy Q2 seeks to protect the amenity of existing neighbours
and the visual amenity of the community as a whole. This is measured in terms of
potential impacts in relation to outlook and privacy, daylight and sunlight, noise and
vibration, air quality and impacts during construction.
Page 82

The proposed development would be situated in one of the busiest tourist areas in
central London comprising the internationally renowned South Bank Arts Centre, The
London Eye and County Hall. The nature of the South Bank area is such that it
accommodates large numbers of visitors on a regular basis. Therefore, it is
considered that the location is appropriate for hosting a festival of this scale. In terms
of potential noise and disturbance generated by visitors to the Winter Festival, the
proposal would not have a significantly greater impact on residential amenity above
that of the existing uses in the area. The extent and scale of the development would
be similar to that of previous festivals and events in the area. Given the nature of the
South Bank Centre and the large distances to from the nearest residential properties
it is considered that there would not be an unacceptably harmful impact on the
residential amenity of the nearest residential occupiers.

The extent and scale of the development (taking into account the additional stalls)
would be broadly similar to that of previous festivals and events in the area. Given
the nature of the South Bank Centre and the large distances to from the nearest
residential properties it is considered that there would not be an unacceptably
harmful impact on the residential amenity of the nearest residential occupiers.

The number of visitors to the site during the Winter Festival is anticipated to be
similar to that of the 2016 Winter Festival, and South Bank Centre propose to deploy
the same security measures as operated during previous festivals.

The overall capacity of the event is considered to be acceptable noting that the
location of the proposed development in one of the busiest tourist areas in central
London and ensures that there would be no notable additional disturbance to the
occupants of nearby properties, namely County Hall and White House Apartments.

The application is accompanied with a ‘Noise Management Plan’, which outlines


procedures to be put in place to ensure that local residents and businesses are not
disturbed by noise and vibrations from the site. The external programme of events
would end each day at 11pm. These hours are not considered to be harmful to
residential amenity. Furthermore, it is noted that no objections have been received
from neighbours or from internal consultees in connection with these hours of
operation.

Conditions are proposed to control the level of amplified noise output from the Winter
Festival and the installation/de-installation periods. Also, as stated in the Operating
Statement, Southbank Centre will write to nearby residents prior to the event and
inform them about the Festival, including a programme of events. Residents would
also be provided with a mobile number and a landline by which residents can
communicate with the management team in respect of noise and any other concerns
with the operation of the Site.
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With regard to deliveries and servicing, these will take place via the private service
road to the Site that runs from Belvedere Road adjacent to Hungerford Bridge railway
arches and the Southbank Centre (Royal Festival Hall Service Road) and via the
private service road to the Site that runs from Belvedere Road adjacent to the RFH
and QEH (Queen Elizabeth Hall Service Road). All deliveries would be made to the
Site on a daily basis (Monday to Saturday) between 7am – 10am and 4pm – 7pm.
Where possible deliveries would not be made to the Site between 10am – 4pm or
7pm – 11pm, as these are peak footfall times. No deliveries would be made between
11pm and 7am. These hours are considered acceptable and would be unlikely to
give rise to undue disturbances to neighbours.

The existing street lighting along The Queen’s Walk, Southbank Square and
surrounding buildings would be used to illuminate the event. Any installation requiring
additional atmospheric lighting would be incorporated into the design of the exhibit
and would be switched off at 11pm. The exception to this is the proposed Northern
Lights display on the semi-elliptical part of the RFH roof on its north-western
elevation, facing the river. It is proposed that this display remain on from dusk until
2.30am, and measures have been incorporated into the design of the display to
ensure that no light spillage would occur. Given this and the distance to the nearest
residential properties there would be no detrimental impact with regard to light
pollution to neighbouring properties.

The hosting of arts and cultural events is fundamental and central to the historical
function of the South Bank and in light of the above assessment it is considered that
the proposed development would not result in any undue impacts on the amenity on
local residents.

6.5 Transport

Lambeth Local Plan Policy T6 states that all planning applications will be supported
where they do not have unacceptable transport impacts, including cumulative
impacts on highway safety; traffic flows; congestion of the road network; on-street
parking; footway space, desire lines and pedestrian flows and all other transport
modes, including public transport and cycling. Furthermore Policy T8 states that
servicing will be expected to be on-site unless demonstrated it can take place on
street without affecting highway safety or traffic flow.

The Site has a Public Transport Access Level (PTAL) rating of 6b which is
‘Excellent’. The Site is in close proximity to buses, rail and London Underground links
and there are three Cycle Hire Docking Stations close to the site on Belvedere Road
and Concert Hall approach. Given the location of the Site and the quality of public
transport links serving the Site very few people will need to arrive by car.
Furthermore, the excellent transport links are considered to ensure that the
intensification of the uses at the Site would not result in any transport capacity
issues.
Page 84

The Winter Festival event would operate and be constructed in a very similar manner
to previous Festivals which did not result in any adverse impact to the safety or
operation of the surrounding public highway nor did they result in any undue
obstruction to the various rights of way that run through the Site. It is therefore
considered that the proposed development would have a similarly negligible impact.

The applicant has submitted a comprehensive Operating Statement, which covers all
aspects of how the Site would operate during the event period and also a stand-
alone Delivery and Servicing Plan which sets out how the site would be serviced. A
condition is recommended to ensure that the Site is operated in accordance with
these plans.

As part of the 2017 Winter Festival, the application includes a Finnish Sauna on the
roof terrace of the QEH and 4 no. igloos along Queen’s Walk, which would be
private, enclosed seated areas which would operate in accordance with the ‘pop-up’
café/bar known as ‘The Lodge on the River’. Access to these facilities would be by
advance booking only and as such the use of these facilities would not result in
people queuing in the pedestrian thoroughfare of Queen’s Walk, which could
otherwise cause undue obstruction to pedestrian movement.

There are no objections on transport and highway grounds as the development is


considered to result in no unacceptable impacts which would otherwise be to the
detriment of the highway users. The scheme therefore complies with Polices T6 and
T8 of the Lambeth Local Plan.

6.6 Waste Management

Policy EN7 of the Local Plan deals with sustainable waste management. It provides
overarching requirements for waste management.

The submitted Delivery and Servicing Plan sets out the details and arrangements for
waste collection and refuse storage. The applicant has confirmed that the ‘pop-up’
cafes and food traders would be provided with 120 litre wheelie bins which, when
filled will be taken to the Royal Festival Hall service road area by the trader’s staff
where they would be emptied. Waste collections will be carried out by the existing
Southbank Centre waste contractors. The applicant has confirmed within the
Operating Statement that regular checks of the Site and surrounding area would be
undertaken to ensure the area is free of litter throughout the day.

Overall, the waste management details submitted within the supporting


documentation are considered to be appropriate and subject to a condition requiring
adherence to the details contained within the Operating Statement and Delivery and
Servicing Plan. It is considered that the application is acceptable from a waste and
refuse perspective and is in accordance with Policies EN7 and Q12 of the Lambeth
Local Plan.
Page 85

6.7 Crime Prevention and Public Safety

Policy Q3 of the Lambeth Local Plan states that the Council will expect development
to utilise good design to design out opportunistic crime, antisocial behaviour and fear
of crime in a site-specific manner, based on an understanding of the locality and
likely crime and safety issues it presents. This requirement is contained within
Section 17(2) of The Crime and Disorder Act 1998, which imposes an obligation on
the Local Planning Authority to consider crime and disorder reduction in the
assessment of planning applications.

The applicant has submitted an Operating Statement which demonstrates that


consideration has been given to security measures and the safety of visitors to the
festival.

Additional security personnel and hostile vehicle management measures have been
introduced at the Site, in order to reduce the security risks associated with the Site
and proposed development. The Council’s Crime Prevention Officer has reviewed
the proposed security arrangements and has made no objections to the proposals.
As such, the application is considered to be acceptable in terms of public safety and
is in accordance with Policy Q3 of the Lambeth Local Plan.

6.8 Flood Risk

The Site is located in Environment Agency Flood Zone 3a, which is considered to
have a high probability of river flooding. However, flood protection measures are in
place to reduce the risk of the River Thames flooding within central London, and
regardless of this, the proposed development would not result in the reduction in
permeable areas and would only be for a temporary period. Sufficient access would
be maintained behind the market stalls to the flood defences along Queen’s Walk as
confirmed by the Environment Agency. As such, the application is not considered to
result in an unacceptable risk of flooding.

6.9 Public Toilets

London Plan Policy 7.5(c) states that development should incorporate local and
social infrastructure such as public toilets. In previous Winter Festivals, the Site
included the area to the Hungerford Car Park, where the Cider Lodge bar was
located. Within this area, temporary toilet blocks were proposed to accompany the
bar. However, as the Site no longer includes this area or bar, additional toilet facilities
are not considered necessary, noting the existing ‘Jubiloo’ toilet facilities available on
Queen’s Walk.

6.10 Air Quality

Paragraph 124 of the NPPF states that planning policies should sustain compliance
with and contribute towards EU limit values or national objectives for pollutants,
taking into account the presence of Air Quality Management Areas and the
cumulative impacts on air quality from individual sites in local areas.
Page 86

London Plan Policy 7.14 states that development proposals should minimise
increased exposure to existing poor air quality and make provision to address local
problems of air quality (particularly within Air Quality Management Areas (AQMAs)
and where development is likely to be used by large numbers of those particularly
vulnerable to poor air quality, such as children or older people).

The Site is located within an Air Quality Management Area. The majority of visitors to
the Site would use public transport, which will assist in offsetting negative air quality
impacts from the development. Furthermore, should permission be granted then a
condition is recommended to be attached the decision notice to ensure that no non-
road mobile machinery (NRMM) would be used on the Site, unless it is compliant
with the NRMM Low Emission Zone requirements (or any superseding requirements)
and until it has been registered for use on the site on the NRMM register (or any
superseding register). This would ensure that all machinery to be used on Site would
be non-polluting to improve air quality.

7 CONCLUSION

7.1 The proposed festival activities represent an acceptable use of the Southbank area.
The proposal would not have a significant adverse affect on pedestrian flows along
Queen’s Walk, and this section of Queen’s Walk is considered wide enough to cope
with anticipated pedestrian footfall levels. The proposal is consistent with the Council’s
policies for the area in relation to arts, cultural and entertainment uses and the use is
considered to be compatible with other cultural uses in the vicinity of the Site. In
addition, there would not be any harm caused to the special interest of character of
any heritage assets.

7.2 As with previous Winter Festivals, the majority of the market stalls would be in a
concentrated area underneath Hungerford Bridge, which is otherwise an underused
area. Where additional exhibits are proposed for the Winter Festival this year,
sufficient areas would be retained for pedestrian flow along Queen’s Walk and for
pedestrians to enjoy the views along the River Thames.

7.3 The proposed exhibits and installations are considered to not result in harm to the
significance and special interest of the surrounding statutory and locally listed
buildings, including their setting. It is also considered that the character and
appearance of the South Bank Conservation Area would be preserved. Furthermore,
any impact that would be caused by the proposed Finnish Sauna on the protected
view LVMF 9, would be minor and temporary in nature.

7.4 The supporting information submitted with the application adequately addresses the
issues of visitor management and other operational issues pertaining to the proposed
use.

7.5 In terms of residential amenity, the submitted scheme is broadly similar to previous
events and is unlikely to result in any significant harmful impacts.
Page 87

7.6 The proposed signage would be in place for a temporary period for the duration of the
Winter Festival. None of the displays would be permanently physically attached to any
heritage asset. The Southbank Centre is an established arts and cultural centre and
events such as that is proposed within this application, have been hosted in the
preceding years since 2008. Whilst the banner advert would cause less than
substantial harm to the historical significance of the RFH, sufficient public benefits
would outweigh this harm, as required by paragraph 134 of the NPPF, and further
noting that the signage would only be erected for a temporary period.

7.7 The temporary nature of the use is such that its impact will be limited. A condition is
recommended to be attached to ensure that all structures associated with the
application will be removed and the Site reinstated once the use ceases.

8 RECOMMENDATION

8.1 Resolve to grant Conditional Planning Permission.

8.2 Agree to delegate authority to the Director of Planning and Development to finalise the
recommended conditions as set out in this report.

8.3 Resolve to grant Conditional Advertisement Consent.

8.4 Agree to delegate authority to the Director of Planning and Development to finalise the
recommended conditions as set out in this report.

8.5 Resolve to grant Conditional Listed Building Consent.

8.6 Agree to delegate authority to the Director of Planning and Development to finalise the
recommended conditions as set out in this report.
Page 88

Conditions

Full Planning Permission

1. The development hereby approved shall be for a limited period only, carried out
between the 1st November 2017 and the 12th January 2018, inclusive of construction, with
exception to the proposed Finnish Sauna, for which the permitted period shall be between
11th October 2017 and 12th January 2018. All buildings, structures or associated equipment
carried out under this permission shall be removed by no later than the 12th January 2018.

Reason: To preserve the character and appearance of the South Bank Conservation Area,
to preserve the setting and significance of the Grade I Listed Royal Festival Hall and locally
listed Queen Elizabeth Hall and to preserve the protected view LVMF 9 (Policies Q20, Q22,
Q23 and Q25 of the London Borough of Lambeth Local Plan (2015) and Policies 7.11 and
7.12 of the London Plan (2016)).

2. The development hereby permitted shall be carried out in accordance with the
approved plans listed in this notice.

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

3. There shall be no amplified sound, speech or music which is audible outside the
festival site between the hours of 23.00 and 09.00hrs Monday to Sunday.

Reason: To protect the amenities of adjoining occupiers and the surrounding area (Policies
Q2 and ED7 of the London Borough of Lambeth Local Plan and Policy 7.15 of the London
Plan (2016)).

4. Prior to commencement of operations (exclusive of the installation period) hereby


permitted a scheme of noise monitoring assessment and compliance validation shall be
submitted to and approved in writing by the Local Planning Authority. The scheme shall
demonstrate compliance with the noise targets detailed in appendix two of the RNSS noise
management plan date March 2017 and shall validate the stated Metrics L(A)eq Music Noise
Level (MNL) and the L(A)eq Bass Music Noise Level (BMNL) provide equivalent protection
to potentially adversely affected residential or other noise sensitive locations during typical
activities at the festival. The scheme must also include provision for any corrective action to
ensure the targets are suitably adjusted if required and these adjusted targets shall then be
used for the duration of the event. The scheme must also include at least three further
validation, measurement and monitoring visits with details of the associated reporting to
monitor ongoing compliance. A suitably qualified person must undertake all work and
reporting.

Reason: To protect the amenities of adjoining occupiers and the surrounding area (Policies
Q2 and ED7 of the London Borough of Lambeth Local Plan (2015) and Policy 7.15 of the
London Plan (2016)).
Page 89

5. Noise complaints shall be managed and recorded in accordance with the RNSS
noise management plan. Complaints shall be recorded in a centralise log with details of the
complainant and the results of any investigation and the associated corrective action taken.

Reason: To protect the amenities of adjoining occupiers and the surrounding area (Policies
Q2 and ED7 of the London Borough of Lambeth Local Plan (2015) and Policy 7.15 of the
London Plan (2016)).

6. The pop-up cafes and bars associated with the festival hereby approved, shall not
begin be open to the public before 10:00hrs and shall cease to operate at 23:00hrs Monday
to Sunday. Notwithstanding the above, for the night of 31st December 2017 only, all
operations shall cease to operate at 02.00hrs.

All customers shall vacate the premises within 30 minutes of service ceasing.

Reason: To protect the amenities of adjoining occupiers and the surrounding area (Policies
Q2 and ED7 of the London Borough of Lambeth Local Plan (2015) and Policy 7.15 of the
London Plan (2016)).

7. Lighting associated with the development hereby approved shall not operate after the
hours of 23:00hrs Monday to Sunday and after 02:00hrs on the night of 31st December, with
exception to the proposed recreation of the Northern Lights, which shall not operate after the
hours of 02:30hrs Monday to Sunday.

Notwithstanding the above, this condition shall not apply to the security lighting as proposed
under drawing reference numbers SK-1 Rev. 1 and SK-2 Rev. 2.

Reason: To protect the amenities of adjoining occupiers and the surrounding area (Policies
Q2 and ED7 of the London Borough of Lambeth Local Plan (2015) and Policy 7.15 of the
London Plan (2016)).

8. No existing trees within or adjacent to the site shall be felled, pruned, uprooted,
damaged or otherwise disturbed without the prior written agreement of the Local Planning
Authority.

Reason: To ensure the retention of, and avoid damage to, the existing trees to be retained
that are situated on or adjacent to the site that represent an important visual amenity to the
locality and wider area (Policy Q10 of the London Borough of Lambeth Local Plan (2015)).

9. No signage, notices or information boards of any kind shall be fixed to any retained
tree by using invasive methods (drilling, nailing or screw fixtures).

Reason: To ensure the retention of, and avoid damage to, the existing trees to be retained
that are situated on or adjacent to the site that represent an important visual amenity to the
locality and wider area (Policy Q10 of the London Borough of Lambeth Local Plan (2015)).

10. The development hereby approved shall be managed strictly in accordance with the
Operating Statement, and the Delivery and Servicing Management Plan.
Page 90

Reason: To protect the amenities of adjoining occupiers and the surrounding area (Policies
Q2 and ED7 of the London Borough of Lambeth Local Plan (2015) and Policy 7.15 of the
London Plan (2016)).

11. No non-road mobile machinery (NRMM) shall be used on the site unless it is
compliant with the NRMM Low Emission Zone requirements (or any superseding
requirements) and until it has been registered for use on the site on the NRMM register (or
any superseding register).

Reason: To ensure that air quality is not adversely affected by the development in line with
London Plan (2016) Policy 7.14 and the Mayor's SPG: The Control of Dust and Emissions
During Construction and Demolition.

12. No development hereby approved shall commence until the site has been registered
with the Environmental Agency’s Floodline Warnings Direct service to cover the period
between the 1st November 2017 and the 12th January 2018.

Reason: To ensure there are safeguarding measures in place in the event of any flood
breach as well as safeguarding public safety (Policies 5.12 and 5.13 of the London Plan
(2016) and Policies EN5 and EN6 of the London Borough of Lambeth Local Plan (2015)).

Listed Building Consent

1. The development hereby permitted shall be carried out in accordance with the
approved plans listed in this notice.

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

2. This consent shall be for a limited period only, expiring on the 12th January 2018. On
or before that date the display of the advertisement hereby permitted shall cease and, the
advertisement shall be removed. The Royal Festival Hall shall be returned to its existing
state unless the prior written approval of the Local Planning Authority is obtained to any
variation.

Reason: To protect the special interest of the listed building and visual amenity within the
wider conservation area (Policies Q20 and Q22 of the London Borough of Lambeth Local
Plan (2015)).
Page 91

Advertisement Consent

Additional conditions to the 5 standard conditions for express advertisement consent:

6. This permission shall be for a limited period only, expiring on the 12th January 2018.
On or before 12th January 2018 the display of the advertisements hereby permitted shall
cease and, the advertisements and any structures or associated equipment carried out
under this permission, shall be removed. The Royal Festival Hall shall be returned to its
existing state unless the prior written approval of the Local Planning Authority is obtained to
any variation.

Reason: To protect the special interest of the listed building and visual amenity within the
wider conservation area (Policies Q20 and Q22 of the London Borough of Lambeth Local
Plan (2015)).

7. The advertisements hereby granted express consent shall not be erected or


maintained in any manner or usage other than in the manner or usage approved by this
consent and shall not display any moving, or apparently moving images. The advertisements
shall be erected strictly in accordance with the approved plans.

Reason: To comply the requirements of Regulation 14 (3)(a) & (b) of the Town & Country
Planning (Control of Advertisements) (England) Regulations 2007.

Informatives

1. This decision letter does not convey an approval or consent which may be required
under any enactment, by-law, order or regulation, other than Section 57 of the Town
and Country Planning Act 1990.

2. Your attention is drawn to the provisions of the Building Regulations, and related
legislation which must be complied with to the satisfaction of the Council's Building
Control Officer.

3. You are advised of the necessity to consult the Council’s Highways team prior to the
commencement of construction on 020 7926 9000 in order to obtain necessary
approvals and licences prior to undertaking any works within the Public Highway
including Scaffolding, Temporary/Permanent Crossovers, Oversailing/Undersailing of
the Highway, Drainage/Sewer Connections, Hoarding, Excavations (including
adjacent to the highway such as basements, etc), Temporary Full/Part Road
Closures, Craneage Licences etc.

4. Given the expected number of visitors to the festival, the applicant is advised that
there maybe an increased risk of acquisitive and opportunistic crime being
committed. Visitors are likely to consist of large numbers of foreign tourists without
awareness of these likely risks. The applicant is advised that measures should be
implemented to make visitors aware of the risk and to minimise the likelihood of such
crimes occurring.
Page 92

5. Under the terms of the Water Resources Act 1991 and the Thames Region Land
Drainage Byelaws 1981, the prior written consent of the Environment Agency is
required for any proposed works or structures either affecting or within 16m of the
tidal flood defence structure. This is irrespective of any planning permission granted
by the Local Planning Authority. Please contact our Partnerships and Strategic
Overview team on 020 9091 4028 or email pso.swlondon&mole@environment-
agency.gov.uk for further details.

6. For information on the NRMM Low Emission Zone requirements and to register
NRMM, please visit "http://nrmm.london/”

7. Network Rail provided the following comments:

Any installation and dismantling works in the vicinity of Network Rail Assets and
Infrastructure that could potentially have an effect or put a risk on Network Rail will
need to be approved by Network Rail. For example the use of mobile cranes.

Nothing should be hung from or attached to Network Rail Assets without their
approval.

Nothing should be erected that could distract a train driver from viewing signals. For
example lighting installations.

If the applicant feels it is necessary given the above, please contact Network Rail
Asset Protection at assetprotectionkent@networkrail.co.uk . More information can
also be obtained from Network Rail’s website at
www.networkrail.co.uk/aspx/1538.aspx.
Page 93 Agenda Item 5

SITE DESIGNATIONS
Page 94

ADDRESS: 7 Lollard Street, London, SE11 6QH


Application Number: 17/03034/FUL Case Officer: Lauren Shallcross
Ward: Princes Date Received: 22.06.2017
Proposal: Demolition of the existing buildings and erection of a new two storey Special
Educational Needs (SEN) secondary school incorporating community use facilities including
a shared school hall, classrooms and associated facilities along with external play and
teaching areas, landscaping, car and minibus parking/drop-off/pick-u area and, cycle and
waste storage provision .
Drawing numbers: P4339/NV1_1100 A, P4339/NV1_1150 B, P4339/NV1_1180 E,
P4339/NV1_1200 B, P4339/NV1_1201 B, P4339/NV1_1210 B, P4339/NV1_1350 B,
P4339/NV1_1351 B, P4339/NV1_1400 A, P4339/NV1_1401 A, P4339/NV1_SK038,
P10640-00-001-102 REV 03, P10640-00-001-103, P10640-00-001-100 REV 14, P10640-
00-001-400 REV 07, P10640-00-001-401, P10640-00-001-402, P10640-00-001-101 02,
CPW-16200-E-EXT-00-01 T2, TCP-CC/1599 AR2996,
Documents: Air Quality Assessment by WSP dated June 2017, BREEAM Tracker Sheet
rev G by couchperrywilkes dated 22/06/17, Construction and Environmental Management
Plan Issue C by Galliford Try dated 22nd June 2017, Delivery and Servicing Plan by Robert
West dated June 2017, Drainage Strategy by Aksward Construction Consultants dated June
2017, Flood Risk Assessment by Aksward Construction Consultants dated January 2017,
Geo-Environmental & Geotechnical Assessment (Ground Investigation) Report by Jomas
dated 08th July 2016, Landscape Management Plan for Soft and Hard Landscape Works by
Gillespies dated June 2017, Letter from Senior Design Manager dated 21st June 2017,
Environmental Noise Report by Acoustic Consultants LTD dated 22 June 2017, Phase III
Remediation Method Statement by Soils Limited dated March 2017, Preliminary Ecological
Appraisal (PEA) by ecosulis dated May 2016, Site Waste Management Plan (SWMP),
Statement of Community Involvement by DPP dated June 2017, Sustainability Statement
for Planning by couchperrywilkes dated 04/05/2017, Tree Survey Schedule with
Recommended Tree Works by David Challice dated 17th May 2016, Car Park Management
Plan (CPMP) by Robert West, Construction Phase Plan Rev 2 by Galliford Try dated
08/05/17, School Travel Plan by Robert West dated August 2017, Design and Access
Statement Rev B by pozzoni dated 16 June 2017, Planning Statement by DPP dated June
2017, Transport Statement by Robert West dated June 2017, Delivery and Access Strategy
by Galliford Try.
RECOMMENDATION:

1. Resolve to grant conditional planning permission subject to the completion of an


agreement under Section 106 of the Town and Country Planning Act 1990 to secure
the planning obligations listed in this report.

2. Agree to delegate authority of the Director of Planning and Development to:

- Finalise the recommended conditions as set out in this report; and


- Negotiate, agree and finalise the planning obligations as set out in this report
pursuant to Section 106 of the Town and Country Planning Act 1990.

3. In the event that the committee resolves to refuse planning permission and there
is a subsequent appeal, delegated authority is given to officers, having regard to
the heads of terms set out in the report, to negotiate and complete a document
containing obligations pursuant to Section 106 of the Town and Country Planning
Act 1990 in order to meet the requirement of the Planning Inspector.

4. Delegate authority to the Director of Planning and Development to refuse


planning permission in the event that the Section 106 Agreement is not completed
within 4 months of Committee (or an alternative timeframe agreed with the LPA) for
Page 95

failure to enter into a section 106 agreement for the mitigating obligations identified
in the report and to defend any subsequent appeal.

Applicant: Mr Galliford Try Agent: DPP Planning


Relevant site designations:
Site of Local Nature Conservation Site of Local Nature Conservation Importance
Importance (SINC) (SINC 31).
Conservation Area (CA) Walcot Conservation Area (CA9) and
Kennington Conservation Area (CA8)
Listed Buildings Grade II Listed Buildings

LAND USE DETAILS

Site area 0.39 Ha

Use Class Use Description Floorspace


(Gross External Area)
Existing D2 Youth Club and Gym 430 m2
Proposed D1/D2 School and Community 2,475 m2
Use

PARKING DETAILS

Car Parking Car Parking Bicycle Motorbike Spaces


Spaces Spaces Spaces
(general) (Disabled)
Existing 0 0 0 0
Proposed 13 2 6 0

EXECUTIVE SUMMARY
Page 96

The application site is currently occupied by a vacant part single, part two storey community
centre building, accessed via Lollard Street to the south, which used to house the former
Ethelred Youth Club and Gym (Class D2 use). The rest of the site is occupied by a disused
portacabin building, an area of hardstanding to the north and a coppice of trees to the east
along Kennington Road and to the north on Fitzalan Street. The site is bordered to the east
by the Doorstep Green public park, which is designated as a Site of Local Nature
Conservation Importance (SINC 31), to the north by Fitzalan Street, to the east by the A23
Kennington Road and to the south by Lollard Street.

The surrounding area is predominantly residential with residential tower blocks comprising
the Ethelred Estate located opposite the site on Lollard Street and period houses beyond
Fitzalan Street and to the far side of Kennington Road. The neighbouring houses at Nos.
162-166 Kennington Road are Grade II Listed Buildings. The Walcot Square Conservation
Area (CA9) lies to east of the site beyond Fitzalan Street and the Kennington Conservation
Area (CA8) is to the south. The site itself is not situated within a conservation area.

The proposal is to demolish the existing buildings and hardstanding and erect a 2 storey
building to provide a new Special Educational Needs (SEN) school incorporating community
use facilities including a shared hall, kitchen, storage and breakout areas and other spaces
which will be used by the community under a Community Use Management Plan. The
school will be operated by the National Autistic Society (NAS) Academies Trust (NASAT) to
provide 78 places for specialist education for pupils with autism aged 11-19.The school will
be occupied on a phased basis over 3 years and is expected to be fully occupied by 2021. A
total of 39 members of staff will be employed when the school is fully occupied. The
proposed facilities for pupils would include classrooms, therapy rooms, Library/ICT, dining
and staff areas.

The proposed building would take an ‘L-shape’ configuration with the longer element located
along Kennington Road to the east and the shorter element to the south on Lollard Street,
where the principal frontage and main entrance to the school will be. The multi-use/shared
hall is situated to the south of the site fronting Lollard Street. A designated drop-off/pick-up
area with parking for 15 vehicles, including two disabled parking bays, will be provided on
the main school frontage on Lollard Street. Play and outdoor learning areas have been
situated on the north and northwest sides of the building adjacent to the Doorstep Green
public park.

The key planning issues are summarised as:

 Principle of use of the site for educational purposes;


 The scale, massing, form and design of the proposed building and its impact on
adjacent heritage assets
 The impact on neighbouring amenity;
 Transport and highway implications and;
 Loss of existing trees and landscaping including replacement tree planting.
Page 97

The use of the site for both community and educational purposes is welcome and supported.
The Lambeth Local Plan under the social infrastructure development policies actively
supports proposals for new schools or expansion of existing schools. The need to provide 78
special secondary places in the borough via a state-funded free school is identified in Annex
2 (Infrastructure Programme and Schedule) of the Local Plan. The school will therefore meet
an identified need for special educational places at a secondary school level. The new
school building will include community use facilities to replace the existing disused Youth
Club and therefore the proposal is consistent with Local Plan policies, which seek to
maintain a flexible use of land and premises for social infrastructure purposes.

The loss of the existing Youth Club/Gym building is considered acceptable in design and
conservation terms as it does not make a positive contribution to the character and
appearance of the area. The proposed building is of a height and mass, which responds well
to the local context. There is an increase in scale, but because of the materiality and simple
design of the replacement building, the new building would not dominate the streetscene in
Kennington Road or Lollard Street or in views from or into the adjacent conservation areas
and listed buildings. The proposal would have very limited impacts on the amenities of
neighbouring residential properties. The building has been designed to ensure that its siting,
height and massing would have minimal impact upon the levels of daylight and sunlight
received by neighbouring properties. Given the separation distances between the proposed
building and neighbouring buildings, it is considered that the proposal would not give rise to
a significant loss of outlook, openness, or privacy over and above the existing situation.

The site has very good public transport accessibility (PTAL 5), however the pupils are not
expected to travel independently. The proposals therefore include provision for a drop-
off/pick-up facility to accommodate taxis and mini-buses that will be used for pupil transport.
The proposed development will be car free except for the provision of two spaces for blue
badge disabled parking and two spaces for school minibuses. Parking stress surveys were
conducted and their findings support the need for on-site provision and management of
drop-off/pick up facility. The constraints of the site have limited the scope for providing a
larger drop-off pick area than that proposed. In order to manage the vehicular flows and
reduce potential adverse impacts on the safe operation of the adjacent highways, the school
will operate a schedule for dropping off and picking up pupils as part of a Parking
Management Plan, which will include traffic marshals that will actively manage the use of the
car parking spaces. Relevant travel, servicing and construction management plans will be
secured through conditions and section 106 planning obligations.

The proposal will result in the loss of all existing trees on the site, which is regrettable.
However, the loss is considered necessary to facilitate the development coming forward and
it is proposed to introduce new planting across the site to mitigate this loss.

OFFICERS REPORT

Reason for referral to PAC: The application is reported to the Planning Applications
Committee in accordance with part 1 (b) of the Committee’s terms of reference as it
relates to a development for the provision of more than 1000sqm of floorspace.
Page 98

1 SITE AND SURROUNDINGS

1.1 The site is a broadly rectangular parcel of land located on the western side of
Kennington Road (A23) between its junctions with Fitzalan Street to the north and
Lollard Street to the south. The site is located within Prince’s ward, with the adjacent
Bishops ward located to the north of Fitzalan Street.

1.2 The site is currently occupied by a part single, part two storey local authority built
community centre, which is accessed via Lollard Street. The site also contains a single
storey portacabin building. The existing building is vacant but used to house the
former Ethelred Youth Club and Gym (Class D2 use). The curtilage of the buildings on
the site include grassed areas with a hard-surfaced area in the centre of the site and a
coppice of trees on the Kennington Road and Fitzalan Street frontages.

1.3 The surrounding scale of development is mixed, comprising terraced properties


between two and four storeys in height as well as a number of local authority housing
estates that range in height between four and ten storeys. The residential tower blocks
adjacent to the site to the south along Lollard Street, known as Elkington Point, Ward
Point and Brittany Point, rise up to 24 storeys in height and are set within landscaped
gardens. Planning permission has recently been granted for the redevelopment of
Brittany Point to provide 89 residential units in buildings ranging from 1 to 16 storeys in
height and to provide a replacement day nursery and external play area.

1.4 The site is bordered to the east by the Doorstep Green public park, which is
designated as a Site of Local Nature Conservation Importance (SINC 31). The Walcot
Square Conservation Area (CA9) lies to east of the site beyond Fitzalan Street and the
Kennington Conservation Area (CA8) is to the south. The site itself is not situated
within a conservation area. The neighbouring houses at Nos. 162-166 Kennington
Road are Grade II Listed Buildings.

Figure 1: Existing Site Plan


Page 99

Figure 2: Aerial View of the existing site and site context

Figure 3: Aerial View of the existing buildings


Page 100

2 PROPOSAL

2.1 It is proposed to demolish the existing buildings and redevelop the site to provide a
new Special Educational Needs (SEN) school with sports hall and community uses
accommodated within a two storey building.

2.2 The proposed building would take an ‘L-shape’ configuration with the longer element
located along Kennington Road to the east and the shorter element to the south on
Lollard Street, where the principal frontage and main entrance to the school will be.
The multi-use/shared hall is situated to the south of the site fronting Lollard Street.
Play and outdoor learning areas have been situated on the north and northwest sides
of the building adjacent to the Doorstep Green public park.

2.3 The building is laid out with the ground floor having the double height main hall,
community store, community breakout and kitchen space, which are clustered
together to allow for ease of access to these shared areas by the community outside
the main school hours. There is a separate entrance for the community use of the
building, which located on Lollard Street. In addition to these community use facilities,
the ground floor would be occupied by the school’s general office, visitors waiting and
parents’ rooms, kitchen, dining, premises manager’s officer, a variety of stores and
several classrooms.

2.4 The classrooms are spread across all floors with classrooms for Key Stage 3 pupils
located on the ground floor and classrooms for Key Stage 4 and post 16 pupils on the
first floor. Year groups would be clustered together with each classroom having a
dedicated store room and Individual Learning Rooms (ILR). Toilets have been
provided throughout the building allowing ease of access to all pupils and year groups.
Several rooms for specialist teaching have been provided on both floors, such as food
technology and life skills rooms. In addition to the teaching spaces a number of
therapy rooms are also provided.

2.5 Pedestrian access is located on Kennington Road, leading to the main entrance to the
building on Lollard Street. Adjacent to the main entrance is a secure lobby, waiting
area and general office. All rooms are accessible from a central corridor running along
all floors within the building.

2.6 Vehicular access to the site would be from Lollard Street to the south, and in turn to
the entrance to the school buildings, located in the southeast corner of the building.
Pupils will mostly be transferred to and from the school by either minibus or taxi. A
designated drop-off/pick-up area with parking for 15 vehicles, including two disabled
parking bays will be provided on the main school frontage, on Lollard Street.

2.7 Six cycle spaces are provided in a secure store accessed via a gated pedestrian
access from Kennington Road.

2.8 The refuse store fronting Lollard Street would be accessed from within the site.

2.9 The following pages contain floor plans, elevations and 3D Perspectives of the
proposed new school building and associated external teaching and play areas,
parking layout within the pick-up/drop-off area, landscaping including new tree planting
and cycle and refuse storage arrangements.
Page 101

Figure 4: Proposed Site Plan


Page 102

Figure 5: Proposed Ground Floor Plan

Figure 6: Proposed First Floor Plan


Page 103

Figure 7: Proposed East and South Elevations

Figure 8: Proposed North and West Elevations


Page 104

Figure 9: 3D Perspectives

Figure 10: 3D Perspectives


Page 105

3 RELEVANT PLANNING HISTORY

3.1 85/02123/PLANAP - Redevelopment by the erection of 21x3 storey houses in 4 blocks


with formation of vehicular parking and servicing areas and landscaping. Application
Permitted.

3.2 92/01288/PLANAP - Erection for a limited period of a temporary building for 'keep fit'
activities. Application Permitted.

4 CONSULATIONS

4.1 Statutory Consultees

4.1.1 Conservation and Design: No objections subject to conditions.

4.1.2 Transport and Highways: No objections subject to conditions and s106.

4.1.3 Transport for London (TfL): No objections subject to conditions.

4.1.4 Policy: No objections raised.

4.1.5 Education: No response received.

4.1.6 Arboricultural: No objection subject to conditions.

4.1.7 Waste: No objections raised.

4.1.8 Sustainability: No objection subject to conditions.

4.1.9 Air Quality: No objections subject to conditions.

4.1.10 Environmental Health: No objections raised subject to conditions.

4.1.11 Environment Agency: No response received

4.1.12 Flooding: No objections raised.

4.1.13 Secured by Design: No objection subject to conditions.

4.1.14 Thames Water: No response received.

4.2 Other Consultees

4.2.1 The following groups were consulted but did not provide any comment: South Bank
and Waterloo Neighbours; Association of Waterloo Groups; The Vauxhall Society;
Vauxhall Gardens Estate Residents and Tenants; Waterloo Community Development
Group; Kennington Association Planning Forum; Kennington Oval & Vauxhall Forum;
9 Albert Embankment Residents Association; We Are Waterloo; Oval & Kennington
Residents Association and Heart of Kennington Residents Association.

4.3 Adjoining owners/occupiers

4.3.1 A site notice was displayed from 14.07.2017 and the application was advertised in
the local press on 14.07.2017. The formal consultation period ended on 04.08.2017.
No letters of representation about the proposal from neighbours or amenity groups
have been received in response to the publicity of the application.
Page 106

5 POLICIES

5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning
decisions to be made in accordance with the development plan unless material
considerations indicate otherwise.

5.2 The development plan in Lambeth is the London Plan (2016), and the Lambeth Local
Plan (September 2015).

5.3 The National Planning Policy Framework was published in 2012. This document sets
out the Government’s planning policies for England including the presumption in
favour of sustainable development and is a material consideration in the determination
of all applications.

5.4 The current planning application has been considered against all relevant national,
regional and local planning policies as well as any relevant guidance. Set out below
are those policies most relevant to the application, however, consideration is made
against the development plan as a whole.

5.5 The London Plan (2016)

Policy 1.1: Delivering the strategic vision and objectives for London
Policy 3.1: Ensuring equal life chances for all
Policy 3.18: Education facilities
Policy 3.19: Sports facilities
Policy 5.1: Climate change mitigation
Policy 5.2: Minimising carbon dioxide emissions
Policy 5.3: Sustainable design and construction
Policy 5.5: Decentralised energy networks
Policy 5.6: Decentralised energy in development proposals
Policy 5.7: Renewable energy
Policy 5.12: Flood risk management
Policy 5.13: Sustainable drainage
Policy 6.3: Assessing effect of development on transport capacity
Policy 6.9: Cycling
Policy 6.10: Walking
Policy 6.13: Parking
Policy 7.2: An inclusive environment
Policy 7.3: Designing out crime
Policy 7.4: Local character
Policy 7.5: Public realm
Policy 7.6: Architecture
Policy 7.8: Heritage assets and archaeology;
Policy 7.13: Safety, security and resilience to emergency
Policy 7.14: Improving air quality
Policy 7.15: Reducing noise and enhancing soundscapes
Policy 7.19: Biodiversity and access to nature
Policy 7.21: Trees and woodlands
Policy 8.2: Planning obligations
Policy 8.3: Community infrastructure levy

5.6 Lambeth Local Plan (2015)

S2: New or improved community premises


S3: Schools
T1: Sustainable travel
Page 107

T2: Walking
T3: Cycling
T6: Assessing impacts of development on transport capacity
T7: Parking
EN1: Open space and biodiversity
EN4: Sustainable Design and Construction
EN7: Sustainable waste management
Q1: Inclusive Environments
Q2: Amenity
Q3: Community safety
Q5: Local distinctiveness
Q6: Urban Design: Public Realm
Q7: Urban Design: New Development
Q8: Design Quality: Construction Detailing
Q9: Landscaping
Q10: Trees
Q12: Refuse/recycling storage
Q13: Cycle storage
Q15: Boundary Treatments
Q20: Listed Buildings
Q22: Conservation Areas

6 ASSESSMENT

6.1 Land Use

6.1.1 Policy 3.18 of the London Plan (2015) relates to educational facilities and states that
development proposals that enhance education provision will be supported,
particularly those which address the projected shortage of secondary school places.
It states that proposals for new schools should be given positive consideration and
should only be refused where there are demonstrable local impacts, which outweigh
the desirability of establishing new schools and whose impacts could not be mitigated
through appropriate conditions or obligations. The London Plan also has a
presumption in favour of development proposals, which maximise the extended or
multiple-use of educational facilities for community or recreational purposes. It
encourages the co-location of services between schools and colleges to maximise
land use, reduce cost and develop the offer, which the school or college are able to
provide.

6.1.2 This policy position is similar at the local level. A key priority of the Lambeth Local
Plan (2015) is to provide essential infrastructure. The Council recognises that
Lambeth’s future housing growth, economic development and environmental
sustainability cannot be achieved without the provision of essential supporting
infrastructure such as schools and other educational facilities. Policy S3 states that
‘proposals for new primary and secondary schools or the extension or expansion of
existing schools, will be supported where they help to deliver the Council’s agreed
strategy for the provision of additional state-funded school places in the borough’.
Page 108

6.1.3 The supporting text to this policy describes state-funded schools as including local
authority maintained schools (community, foundation and voluntary aided and
controlled schools), academies and free schools. In terms of the provision of new or
improved community premises, Policy S2 states that they would generally be
supported where, among other criteria, buildings and facilities are designed to be
flexible, adaptable and sited to maximise shared community use, where practical.

6.1.4 The application site was previously used as a Youth Club and Gym (Use Class D2).
The proposal is to demolish the existing buildings and construct a new school (Use
Class D1) including a facilities such as the main hall with changing rooms to be
shared between school and the community and dedicated community use store,
kitchen and breakout areas are included in the scheme design.

6.1.5 Policy S1 of the Local Plan protects exiting community premises but, in principle,
supports the change of use between D1 and D2 in order to maintain a flexible stock
of land and premises for social infrastructure. Given that the quantum of proposed D1
space significantly exceeds the quantum of existing D2 floorspace, the proposed
change of use of the site for primarily educational purposes (Use Class D1) is
supported in principle under Policy S1 of the Local Plan.

6.1.6 The proposed free school would be established by NAS Academies Trust (NASAT) in
partnership with the London Borough of Lambeth to provide schooling for pupils with
autism and learning difficulties. The Lambeth Local Plan Infrastructure Schedule, in
annex 2 of the Local Plan (page 231) refers to a proposal for a new Vanguard/NAS
free school in the borough, although a provisional site had yet to be identified at the
time the Plan was adopted. The infrastructure identifies a need to provide 78 special
secondary school places overall and 12 places in year 7. Therefore the provision of a
new NAS Academies Trust free school is welcome.

6.1.7 The community centre facility will be re-provided on site within the footprint of the
new school premises. This will include a sports hall that is to be shared with the
school. Policy S3 (d) states that proposals for the shared use of schools for wider
community use will be supported provided that the nature and scale of the proposal
does not unacceptably harm the amenity of the area. Therefore the proposed
community use of part of the school premises is supported in principle. As noted
above the multiple-use of educational facilities for community or recreational
purposes is also encouraged under Policy 3.8 of the London Plan

6.1.8 The cabinet report “Sale of Land at Lollard Street – Former Ethelred Youth Centre
Site” dated 24th March 2015 states that “this free school NAS Vanguard will be built
on Lollard Street in Kennington on a site currently occupied by the Ethelred Youth
Centre (EYC). The school will include a 250sqm hall, which will be available, free of
charge, to the EYC and other community groups for up to 25 hours a week”. It was
also agreed to transfer the Council’s freehold interest in the land and premises at
Lollard Street to the Education Funding and Skills Agency (EFSA) formerly the
Education Funding Agency (EFA) for the purpose of developing the site as a 78
place Special Educational Needs (SEN) school catering for pupils up to the age of 18
years. The Council chose to forgo any capital receipt for the land so that an enlarged
multi-use hall and ancillary rooms could be provided for the community within the
new development, for use during out of school hours. The need for a free SEN
school and community facilities is not contested and as such the proposal is
considered acceptable in land use terms.
Page 109

6.1.9 In view of the above it is considered that the proposed redevelopment of the site for a
new SEN school and community facilities is supported and acceptable in principle
subject to compliance with other policies of the Local Plan such as transport, design
and amenity.

Proposed Community Use of School Facilities

6.1.10 The Education and Skills Funding Agency (ESFA) agreed to purchase a peppercorn
Lease from the LBL on a 125 years lease for the provision of the NAS Vanguard
School. Integral to the lease, is a requirement for the provision of community use of
the new facility as set out below. The Procuring agent (ESFA) will re-provide a
community centre facility within the footprint of the new school premises to include
the following:

• Not less than 240 square metres of shared hall space between the (Community
Use and the School) and a kitchen area of not less than 15 square metres;

• A break out area of not less than 30 square metres;

• Exclusive storage space of not less than 10 square metres;

• A community access point separate from the school;

• Amendments to the above areas can be made with the agreement of both parties
and;

• The premises (except for the store room) are to be available for use by London
Borough of Lambeth community groups for no more than 25 hours per week, outside
of normal school hours (but including weekends). At all other times the premises are
to be available for use by the school.

6.1.11 It is accepted that the proposed buildings should be available for use by the wider
community outside core school hours, but this should be managed to ensure that no
adverse impacts on residents’ amenity occurs, having regard to the provision of the
relevant local plan policies (Policies S2(a) and S3(c),refers).

6.1.12 There are no specific details of community use of the proposed school buildings at
this stage, however it is intended that the hall be made available for community
groups. It has specifically been designed so it would be able to operate
independently from the rest of the school and can be accessed via a separate
entrance from Lollard Street.

6.1.13 It will be necessary to agree access arrangements to enable local residents and
community groups to benefit from the proposed facilities. It will also be necessary to
ensure that appropriate hours of operation are agreed to ensure that such use does
not adversely affect the amenity of nearby residents. In the circumstances, it is
recommended a community use management plan be secured as a condition of
consent and also as a planning obligation via a section 106 agreement.
Page 110

6.2 Design and Conservation

6.2.1 This section of the report describes the relevant policy constraints and assesses the
scale and layout of the development as a whole in the context of surrounding
buildings; the appearance of the proposed development resulting from its detailed
design and materiality and considers the impact of the development on the setting of
the adjacent conservation areas and the adjacent listed terrace having regard to the
legislative and national policy context for the assessment of the impact of the
development proposals on the neighbouring heritage assets.

6.2.2 Policy Q5 of the Local Plan states that Lambeth’s local distinctiveness should be
sustained and reinforced through new development. It states that proposals will be
supported if the design of a new development responds to positive aspects of the
local context [and historic character] including urban block and grain; built form and
roofscapes; siting, orientation and layout; materials; and quality and architectural
detailing. It seeks to achieve visually interesting, well detailed/proportioned design
schemes.

6.2.3 Policy Q6 supports development that provides inter alia: (i) the most effective use the
site in the context of the proposed use; (iii) a building line that maintains or improves
upon the prevailing building line with forward encroachment of established building
lines being supported only where no harm to amenity or local character will occur; (v)
new or enhanced open space (including gaps between buildings) and
landscaping/trees; (ix) retains and enhances the heritage value of existing spaces, in
terms of spatial form, function, connection and relationship with surrounding
buildings.

6.2.4 Policy Q7 deals specifically with new development and states that new development
will be supported if it is of quality; has a bulk and scale/mass, siting, building line and
orientation, which preserves or enhances the prevailing local character. Policy Q8 of
the Local Plan relates to detailed design and seeks to ensure that proposed building
designs and details are buildable and visually attractive.

6.2.5 In respect of development affecting statutory listed buildings, Policy Q20 of the Local
Plan supports only those proposals that would preserve and not cause harm to the
significance or setting of the listed building. In conservation areas, it is the stated
objective of Policy Q22 of the Local Plan to ensure that new development preserves
or enhances the character or appearance of the area and its setting.
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Scale Layout and Mass

6.2.6 The proposal is to demolish the existing part single, part two storey community use
building, portacabin and hardstanding area and, to remove all existing trees on the
site to provide a new school for autistic children with a sports hall and community
uses on the site, in a two storey building.

6.2.7 The design approach to the building layout seeks to reinstate the historical pattern of
development in the area, which comprises 18th Century terrace properties with strong
front building lines, set back from broad pavements with mature street trees giving a
‘boulevard’ quality to the street. By re-establishing a front building line to Kennington
Road with a set back from the pavement and an avenue of purpose-planted trees
along this street frontage , the proposal would make a positive contribution to the
character and appearance of the streetscene and local area in accordance with
Policies Q5 Q7 and Q22 of the Local Plan.

6.2.8 The foot print of the proposed building would cover a significantly larger area of the
site than the existing building. The proposed plot coverage extends over the south
eastern corner of the site and over a large extent of the eastern frontage of the site.
With trees replanted and with the new alignment of the building to the Kennington
Road frontage, the new building would not appear out of keeping with the scale of
development in this part of Kennington Road. The new line of trees on the
Kennington Road frontage and around the site and the retained trees on Fitzalan
Street as well as the existing street trees, would ensure that the existing verdant
character of the area is maintained as much as possible without compromising the
scale and layout of the development required for the new school.

6.2.9 The new building would be significantly lower in scale and mass than the group of
tower blocks located at the corner of Lollard Street and Kennington Road to the
South. The two storey height of the proposed building reflects the lower and more
domestic scale of the Grade II listed terrace at 162 to 166 (Montgomery House)
Kennington Road to the north and purpose-built residential blocks to the east. As
such it is considered that the scale, layout and mass of the proposed development
would not unduly affect the setting of the adjacent designated heritage assets. The
legislative considerations and policy context relied upon in assessing the impact on
the neighbouring heritage assets is set out in the next section of this report.

6.2.10 By applying a combination of horizontal and vertical mounted textured fibre cement
cladding panels to the building facades, the elevational treatment is broken up
visually. This is particularly helpful on the longest elevation fronting Kennington Road
as it would ensure that the building sits comfortably within the streetscene. In addition
a slight variation to the height of the building helps to breakup an otherwise
monolithic elevation and, emphasises the glazed break in the middle of the building
façade. Rainscreen cladding is innovatively applied to create zones of varying texture
and/or colour to create visual interest and reduce the visual length/mass of the
building.

6.2.11 The modest scale of the building and the gaps between trees would ensure that the
open character of the site, when viewed from the park, is maintained. The scale and
massing of the building would be mitigated by the strategically positioned new trees
along the Kennington Road frontage, which will provide glimpses of the building from
the park and the adjacent streets. As such key views along Kennington Road from
the north and south would celebrate the transitional scale and massing of the building
through the gaps between the tree-lined streets. Overall officers are satisfied with
and support the layout, scale and massing of the building.
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Architectural Quality: Appearance and Materials

6.2.12 The proposed building has a contemporary architectural design aesthetic with a
defined yellow stock brick base, which reflects the predominant use of brick in the
area. The upper floor is articulated by the use of a combination of horizontal and
vertically mounted grey textured fibre cement cladding. The decorative perforated
metal screen panels within the brick base elevations would have a creative design,
based on the tree lined streets of Kennington, which would add relief and interest to
the elevations at ground level and complement the use of brick and fibre cement
cladding.

6.2.13 The elevations are punctuated by regular portrait window openings, which are set
back from the face of the cladding to create deep (green) fibre cement reveals.
These draw reference from and reflect the punched fenestration patterns of the
surrounding late 18th and early 19th Century period buildings along Kennington
Road. The muted grey tones of the cladding would respond positively to the
weathered darker tones of the brickwork elevations of buildings along Kennington
Road, which have taken on a more muted yellow/grey appearance overtime. The
playful injection of colour within the window recesses and first floor bays within the
playground elevations reinforces the verdant character of the street and animates the
building’s elevations and, also acts to provide a good contrast to the grey rainscreen
cladding.

6.2.14 The servicing equipment and plant on the roof top is set back from the building edge
and screened behind Marley corrugated fibre cladding. This design approach is
inspired by ‘brutalist’ architecture, and works well in this context by innovatively
providing screening to the servicing equipment and plant as part of the overall form
and massing of the building. The form and massing of the servicing plant housing
represents a specific functional zone within the architecture, which in turn adds to the
rich textured architecture of the building. Cut out lettering has been added to the
blank upper level of the south façade. This design feature helps to provide visual
interest to the building whilst acting as signage for the school.

6.2.15 Some of the external materials have been reviewed and assessed, the brick palette
needs to be provided on site for officers to assess it against the existing development
in order to ensure that the selected brick palette is appropriate. This will be secured
as a condition of consent. With regards to detailed construction matters such as
window types and opening, copings, brickwork/ cladding, rain water goods, refuse
etc. these too will be reserved by condition so they can be give further and careful
consideration. These further reviews of the proposed elevational treatment will
ensure that the completed development is of high quality in compliance with Policy
Q8 of the Local Plan.
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Hard/soft landscaping and car parking

6.2.16 It is noted that a number of trees within the south east corner of the site will be
removed to make room for car parking on the building’s frontage along Lollard Street.
The design proposals integrate grassed areas, some new tree planting and vertical
planting against the building’s facades to help soften the appearance of the
development and mitigate against the loss of any trees along this edge of the site.
Full details of the soft and hard landscaping are reserved as a condition of consent to
ensure this design approach is delivered successfully. The parking area and
pedestrian routes are clearly delineated by using appropriate surface treatments,
which would also ensure that these areas are safe to navigate by all users of the site.

6.2.17 The need for car parking on the site to enable pupils to be safely dropped off and
picked up within a safe environment has dictated the high level of hard surfacing and
parking on the Lollard Street frontage. As mentioned above, the surface treatment
applied to delineate car parking bays and pedestrian routes will need to be carefully
considered to ensure this space works successfully.

6.2.18 The existing trees along Kennington Road frontage and on Fitzalan Street are to be
removed to make way for the development. These will be replaced as part of a
landscape scheme for the site. An indicative plan has been submitted that identifies
replacement trees and areas of new planting. The report has been reviewed by the
Council’s Arboricultural Officer. Whilst the loss of trees is regrettable, it is considered
that subject to the provision of replacement tree planting the loss of the existing trees
will be adequately mitigated. Although an indicative planting plan has been provided,
it is recommended that a condition be imposed to secure further details of all planting
so that appropriate species and mature of trees are selected.

Refuse and Cycle Storage

6.2.19 The refuse store would be located on the Lollard Street frontage and would be
accessed from within the site. The cycle store would be accessed via a gated
pedestrian access from Kennington Road. Further information regarding the detailed
design of the proposed cycle and refuse stores will need to be provided; this matter
can be handled via condition.

Boundary Treatments

6.2.20 There is no detailed information regarding the design or appearance of boundary


treatments. Further information is required regarding proposed changes to boundary
treatments on the site, which will be critical to the appearance of the street. A
condition to secure this information is recommended.
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Legislative and national policy considerations

6.2.21 It is the local planning authorities statutory duty when considering development that
affects a listed building and/or its setting to pay special regard to the desirability of
preserving the building or its setting or any features of special architectural or historic
interest it possesses. It is also the local authority’s statutory duty when considering
any development that affects a conservation area to pay special attention to the
desirability of preserving or enhancing the character or appearance of that area or its
setting.

6.2.22 This section sets out the legislative and national policy context for the Officer
assessment of the impact of the development proposal on the historic environment
and its heritage assets.

Legislative Framework

6.2.23 Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990
(“PLBCAA”) provides that in considering whether to grant planning permission for
development which affects a listed building or its setting, the local planning authority
shall have special regard to the desirability of preserving the building or its setting or
any features of special architectural or historic interest which it possesses.

6.2.24 Section 72(1) PLBCAA provides that in the exercise, with respect to any buildings or
other land in a conservation area, of any functions under or by virtue of (amongst
others) the planning Acts, special attention shall be paid to the desirability of
preserving or enhancing the character or appearance of the conservation area.

6.2.25 The South Lakeland District Council v Secretary of State for the Environment case
and the Barnwell Manor case (East Northamptonshire DC v SSCLG) establish that
“preserving” in both s.66 and s.72 means “doing no harm’.

National Policy

6.2.26 Paragraph 17 of the NPPF sets out 12 “core planning principles” that should underpin
both plan-making and decision-taking. Those principles include the following
requirement:

“Planning should always seek to secure high quality design and 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 generation”.

6.2.27 The NPPF defines a “heritage asset” as:

“A building, monument, site place, area or landscape identified as having a degree of


significance meriting consideration in planning decisions, because of its heritage
interest”.

6.2.28 The definition includes both designated heritage assets (of which, Listed Buildings
and Conservation Areas are relevant here) and assets identified by the local planning
authority (including local listing).

6.2.29 “Significance” is defined within the NPPF as being:


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“the value of a heritage asset to this and future generations because of its heritage
interest. That interest may be archaeological, architectural, artistic or historic.
Significance derives from a heritage asset’s physical presence, but also from its
“setting”.

6.2.30 Paragraph 129 of the NPPF requires local planning authorities to identify and assess
the particular significance of any heritage asset that may be affected by a proposal
(including by development affecting its setting), taking account of the available
evidence and any necessary expertise. That assessment should then be taken into
account when considering the impact of the proposal on the heritage asset, to avoid
or minimise conflict between the heritage asset’s conservation and any aspect of the
proposal.

6.2.31 Paragraphs 131 and 132 of the NPPF provide as follows:

131. In determining planning applications, local planning authorities should take


account of:
 the desirability of sustaining and enhancing the significance of heritage assets
and putting them to viable uses consistent with their conservation;
 the positive contribution that conservation of heritage assets can make to
sustainable communities including their economic vitality; and
 the desirability of new development making a positive contribution to local
character and distinctiveness.

132. When considering the impact of a proposed development on the significance of


a designated heritage asset, great weight should be given to the asset’s
conservation. The more important the asset, the greater the weight should be.
Significance can be harmed or lost through alteration or destruction of the heritage
asset or development within its setting. As heritage assets are irreplaceable, any
harm or loss should require clear and convincing justification. Substantial harm to or
loss of a grade II listed building, park or garden should be exceptional. Substantial
harm to or loss of designated heritage assets of the highest significance, notably
scheduled monuments, protected wreck sites, battlefields, grade I and II* listed
buildings, grade I and II* registered parks and gardens, and World Heritage Sites,
should be wholly exceptional.

6.2.32 Paragraph 133 of the NPPF deals with substantial harm to or total loss of
significance of significance of a designated heritage asset.

6.2.33 Paragraph 134 of the NPPF provides that where a development proposal will lead to
less than substantial harm to the significance of the designated heritage asset, this
harm should be weighed against the public benefits of the proposal, including
securing its optimum viable use.

6.2.34 Paragraph 135 of the NPPF deals with non-designated heritage assets as follows:

135. The effect of an application on the significance of a non-designated heritage


asset should be taken into account in determining the application. In weighing
applications that affect directly or indirectly non designated heritage assets, a
balanced judgement will be required having regard to the scale of any harm or loss
and the significance of the heritage asset.

6.2.35 Paragraphs 137 and 138 of the NPPF are as follows:


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137. Local planning authorities should look for opportunities for new development
within Conservation Areas and World Heritage Sites and within the setting of heritage
assets to enhance or better reveal their significance. Proposals that preserve those
elements of the setting that make a positive contribution to or better reveal the
significance of the asset should be treated favourably.

138. Not all elements of a World Heritage Site or Conservation Area will necessarily
contribute to its significance. Loss of a building (or other element) which makes a
positive contribution to the significance of the Conservation Area or World Heritage
Site should be treated either as substantial harm under paragraph 133 or less than
substantial harm under paragraph 134, as appropriate, taking into account the
relative significance of the element affected and its contribution to the significance of
the Conservation Area or World Heritage Site as a whole.

6.2.36 Officers have also had regard to the Planning Practice Guidance in respect of
conserving and enhancing the historic environment.

Approach required

6.2.37 Turning to consider the application of the legislative and policy requirements set out
above, the first step is for the decision-maker to consider each of the designated
heritage assets which would be affected by the proposed development in turn and
assess whether the proposed development would result in any harm to the
significance of the designated heritage asset.

6.2.38 The decision of the Court of Appeal in Barnwell Manor confirms that the assessment
of the degree of harm to the heritage asset is a matter for the planning judgement of
the decision-maker. However, where the decision-maker concludes that there would
be some harm to the heritage asset, in deciding whether that harm would be
outweighed by the advantages of the proposed development (in the course of
undertaking the analysis required by s.38(6) PCPA 2004) the decision-maker is not
free to give the harm such weight as the decision-maker thinks appropriate. Rather,
Barnwell Manor establishes that a finding of harm to a heritage asset is a
consideration to which the decision maker must give considerable importance and
weight in carrying out the balancing exercise.

6.2.39 There is therefore a “strong presumption” against granting planning permission for
development which would harm a heritage asset. In the Forge Field case the High
Court explained that the presumption is a statutory one. It is not irrebuttable. It can be
outweighed by material considerations powerful enough to do so. But a local
planning authority can only properly strike the balance between harm to a heritage
asset on the one hand and planning benefits on the other if it is conscious of the
statutory presumption in favour of preservation and if it demonstrably applies that
presumption to the proposal it is considering.

6.2.40 The case-law also establishes that even where the harm identified is less than
substantial (i.e. falls within paragraph 134 of the NPPF), that harm must still be given
considerable importance and weight.
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6.2.41 Where more than one heritage asset would be harmed by the proposed
development, the decision-maker also needs to ensure that when the balancing
exercise in undertaken, the cumulative effect of those several harms to individual
assets is properly considered. In their response, Historic England has not suggested
that the cumulative effect of the individual instances of harm identified amounts to
substantial harm and Officers do not consider that the total harm (i.e. the cumulative
effect of the several instances of harm identified) amounts to substantial harm in this
case. Looking at the position as a whole, there are a number of adverse impacts on
heritage features which individually and cumulatively result in less than substantial
harm. However, less than substantial harm does not mean insignificant harm.
Considerable importance and weight must be attached to each of the harms
identified and to their cumulative effect.

Impact on Conservation Areas

6.2.42 The site is located adjacent to the Walcot Conservation Area to the north and east
and Kennington Conservation Area to the south.

Walcot Conservation Area

6.2.43 Given the distance of 18m from the development to this conservation area, the
modest scale of the building and the new trees along Fitzalan Street, officers
consider that no harm would be caused to the setting of this conservation area.

Kennington Conservation Area

6.2.44 Given the distance of 40m from the development to this conservation area, the
modest scale of the building and the new trees along the frontage of Kennington
Road, officers consider that no harm would be caused to the setting of this
conservation area.

Impact on Statutory Listed Buildings

6.2.45 As per the national policy and Policy Q20 of the Local Plan, development should
conserve and not harm the significance/special interest of statutory listed buildings
and should not harm the significance of their setting (including views to and from).
Nos. 162-166 Kennington Road are statutorily listed buildings, which stand to be
affected by the proposal.

6.2.46 Similar to the assessment made on the neighbouring conservation areas, it is also
considered that the setting and historical significance of the surrounding statutory
listed buildings would be preserved with no harm being caused to them by the
proposed development. The two storey height of the proposed building reflects the
lower and domestic scale of the Grade II listed terrace at 162 to 166 (Montgomery
House) Kennington Road to the north and purpose-built residential blocks to the east.
As such it is considered that the scale, and layout and mass of the proposals
proposed development would not harm the setting of the adjacent designated
heritage assets.

6.3 Amenity

6.3.1 Policy Q2 of the Local Plan seeks to ensure that the new development does not
unacceptably harm the amenity of neighbouring occupiers in terms of daylight,
sunlight, outlook, privacy and noise. These issues are examined in the following
paragraphs.
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Daylight and Sunlight

6.3.2 Policy Q2 (iv) states that development will be supported if it would not have an
unacceptable impact on levels of daylight and sunlight received at adjoining
properties.

6.3.3 A BRE assessment was not undertaken as part of this application. This was due to
the separation distances to neighbouring properties and the modest scale of the
proposed development at two storeys. In addition, the new building would be situated
further north than the existing buildings in relation to neighbouring properties.

6.3.4 The proposed building has been designed to ensure that its siting, height and
massing would have minimal impact upon the levels of daylight and sunlight received
by neighbouring properties. Given the extent of the separation distances to the
nearest neighbouring properties (25m to Brittany Point and 40m to Rupert House) it
is considered that the new building would not give rise to diminution in sunlight and
daylight received by these properties.

Outlook, Sense of Enclosure and Privacy

6.3.5 Policy Q2 (iii) states that development would be supported if adequate outlooks are
provided avoiding wherever possible any undue sense of enclosure or unacceptable
levels of overlooking (or perceived overlooking). Policy Q2 (ii) and (iii) require the
privacy of neighbouring occupiers to be protected.

6.3.6 Given the extent of the separation distances to the nearest neighbouring properties
adjacent noted above, it is not considered that there would be any significant impact
on the outlook, openness or privacy of neighbouring occupiers posed by the
proposed development over and above the existing situation.

Noise

6.3.7 Policy Q2 (v) relates to noise and requires development to minimise the adverse
impacts of noise through attenuation, screening, distance, or internal
layout/orientation.

6.3.8 The applicant commissioned Acoustic Consultants Limited to carry out an


environmental noise assessment in June 2017. The report has identified that parts of
the development will be exposed to high levels of environmental noise. The impact
arising from external noise has been assessed and recommended materials and
insulation solutions are proposed to achieve compliance with noise regulations in
order to create indoor spaces which are fit for purpose. Building service noise has
been assessed to ensure that noise generated by plant is controlled to acceptable
levels.

6.3.9 The assessment has determined that the internal spaces comply with the required
noise levels as set out in BB93. As set out in the Environmental Noise Report, noise
from plant will be suitably controlled to ensure that the plant does not exceed the
permitted noise limits set out in BS4142:2014 as well as Local Authority noise limits,
which are based on the measured background noise. The report was reviewed by the
Council’s independent consultant who made the following observations.

6.3.10 Appropriate noise targets in accordance with the relevant acoustic design guidance
for schools are proposed together with the recommended construction details
required to ensure that these targets are achieved. A condition is recommended to
ensure the measures and targets detailed in these reports are implemented.
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6.3.11 A provision for outdoor learning is detailed in the Design and Access Statement but
this is not considered in the Environmental Noise Report. The Institute of Acoustics
publication “Acoustics of Schools: a design guide” recommends that “at least one
area suitable for outdoor teaching activities where noise levels are below 50 dB
LAeq,30min” should be included in the scheme design for new schools. The
environmental noise measurements detailed in the report indicate that this will not be
achievable without the use of additional acoustic screening. This is due to the
prevailing ambient noise level at the site.

6.3.12 The proposed building is to be mechanically ventilated and so noise and vibration
from the building services plant requires assessment. The report notes that no details
were available at the time of its preparation and so a condition is recommended to
ensure that any building services equipment or plant does not adversely impact the
amenity of the school and neighbouring residential properties.

6.3.13 It is common for school premises to be used outside of the school day, to host
community uses or other activities. These uses can lead to conflicts with adjoining
occupiers if not managed appropriately. It is recommended that the community use
management plan includes measures to minimise impacts associated with the
community use of the site on the living conditions of neighbouring residents.

6.3.14 The development site is located adjacent to existing multi-storey residential


developments and accordingly, it is considered that there is a high likelihood of
adverse noise and dust impacts during the construction phase.

6.3.15 The Construction and Environmental Management Plan prepared by Galliford Try;
June 2017 and the Construction Phase Dust Mitigation Measures detailed in the Air
Quality Assessment prepared by WSP together contain appropriate measures to
control noise, vibration and dust during the construction phase. The recommended
measures are outlined below:

Noise and Vibration

 Tool Box Talks In accordance with BS5228 will be provided to operatives on noise
and vibration to ensure the whole workforce is aware of best practice for reducing
noise and vibration.
 Within task specific method statements, noise advisory levels and noise action levels
will be identified to ensure safe control over the works.
 Plant and equipment will be powered down when not in use to avoid unnecessary
noise and vibration.
 All noise and vibration monitoring data will be retained to ensure compliance with
agreed standard. Where acceptable levels of noise and vibration are exceeded, an
action plan will be put in place
 All plant and equipment will be properly maintained in accordance with
manufacturer’s instructions.
 Plant will be selected with the task in mind to ensure appropriate size plant and
equipment is used in accordance with task requirements. Noisy operations will only
be carried out during our designated working hours.

Air Quality, Dust and Emissions


 A Dust Management Plan will be produced, including plans for local stakeholder
engagement
 A Galliford Try Manager will be assigned to monitor dust generation and suppression
on site. Where necessary, they will be responsible for implementing enhanced
monitoring, suppression and, where necessary, the suspension of works
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 Contact details for with the person(s) on site and regional offices will be available at
the site boundary
 When possible materials will be ordered so as they do not require cutting on site to
eliminate the need for cutting operations, this is particularly important due to limited
space available on site.
 Cutting activities will be damped down with water at all times
 No burning of materials or bonfires will be permitted on the site at any time
 All plant to conform with the NRMM stage 3B of EU directive 97/68/EC
 All loads entering and leaving site will be covered, as practically possible
 All stockpiles will be cover, as practically possible
 Any temporary site roads stoned up areas will be damped down during dry periods to
prevent dust from spreading
 The requirements for dust suppression generally will be monitored daily and called in
as and when required.
 All site plant will be required to comply with the NRMM standards

6.3.16 These reports and recommendations were reviewed by the Council’s independent
consultant who concluded that the reports were sound and identified the risks and
proposed appropriate mitigation measures to mitigate the potential adverse impacts
on the environment during the construction phase. A condition is recommended to
ensure the measures detailed in these reports are implemented.

Deliveries and Servicing

6.3.17 The Delivery and Servicing Plan submitted with the application proposes that all
deliveries will take place during the school day. This is unlikely to give rise to any
adverse impacts on neighbouring residents and a condition is proposed to ensure
that the plan is complied with during the construction phase.

6.4 Transport

6.4.1 Policy T1 of the Lambeth Local Plan requires development proposals to be planned
on the basis of maximising the use of sustainable modes of transport, reducing
reliance on private motor vehicles and encouraging walking and cycling. Policy T1 (c)
states that developments that are likely to generate a significant number of trips
should be located in areas with a good public transport accessibility level (PTAL)
rating where public transport capacity can accommodate the increase in trips, or the
capacity can be increased to an appropriate level through section 106 obligations.

6.4.2 Policy T6 seeks to ensure that development has a limited impact on the highway
network in terms of performance and safety. It states that where adverse impacts are
likely, proposals should contribute towards improving transport capacity and
infrastructure and/or include measures to improve safety.

6.4.3 The application site is located at the north-west corner junction of Lollard Street
(Local Road)/A23 Kennington Road (Borough Road). There are bus lanes in each
direction along Kennington Road.

6.4.4 The proposed development is for a SEN School for 78 students aged between 11-19
years. It is envisaged to have 39 staff and 240sqm of community use floorspace. The
development is expected to be fully occupied by 2021. There is no general provision
for car parking for staff or community use.

6.4.5 The proposals include provision for a drop-off/pick-up facility to accommodate taxis
and mini-buses that will be used for pupil transport.
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Accessibility

6.4.6 The site has very good public transport accessibility (PTAL 5) and is located within a
Controlled Parking Zone (CPZ) area/Congestion Charging Zone. However, pupils are
not expected to travel independently.

Traffic Generation

6.4.7 Traffic generation has been assessed using data from comparable NAS sites and for
worst case assumption of 4 pupils per minibus and 1 pupil per taxi. This indicates
that 35 vehicles per hour (veh/hr) (15 Minibuses and 20 private hire vehicles) would
arrive/leave the site in the morning (START) and again during mid-afternoon
(FINISH) periods.

Parking Stress

6.4.8 The proposed development will be car free except for the provision of two spaces for
blue badge disabled parking and two spaces for school minibuses. Parking stress
surveys were conducted for the morning and afternoon school peak periods. The
results indicate 557 parking spaces within the study area and high levels of stress
(>80%) were observed along Lollard Street, Fitzalan Street, Gilbert Street,
Reedworth Street, Kempsfords Road, Renfrew Road and Chester Road. This
supports the need for on-site provision and management of a drop off/pick up facility.

Car Park Management Plan

6.4.9 The constraint of available space has limited the capacity of the drop-off pick up
facility to 15 spaces (including disabled bays). In order to manage the vehicular flows
and reduce the impact on adjacent highways, the school will operate a schedule with
three arrival/departures slots for each period between 07.50-08.45 and 15.30-16.25,
respectively. In addition 2-3 traffic marshals will manage the use of the 15 parking
spaces for mini vans and cars within the drop-off/pick-up area from where staff will
escort pupils into the building. Entry to the drop off/pickup will be from the western
side of Lollard Street with the exit from the eastern side of Lollard Street. Vehicle
swept paths have demonstrated that the layout will allow for independent use of all
parking spaces.

Construction and Environmental Management Plan

6.4.10 A construction programme of 56 weeks is envisaged. Construction activities will take


place during Monday to Friday between 08.00-18.00hrs and 0.800-13.00hrs on
Saturdays. Two construction accesses are proposed, with the main access via
Fitzalan Street and a secondary access via Lollard Street. This will reduce potential
overlaps with construction traffic from adjacent development site at Lollard Street.
Wheel washing facilities will be provided at both access gates. No car parking will be
provided for construction staff. Construction traffic of 200-300 vehicles/month (3295
total) is forecast. Construction traffic will be routed via Kennington Road. A condition
is recommended to ensure that the CEMP is complied with during the construction
phase.
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Travel Plan

6.4.11 A travel plan has been submitted. Due to the specific needs of pupils, there will be an
on-going reliance for travel by cars/taxis and mini buses. Consequently, no targets
for changes in mode shares have been proposed and this corresponds with limiting
initiative to promote sustainable travel that will achieve Bronze level accreditation
under TfL’s STAR scheme. The details set out in the travel plan will be secured as a
planning obligation by way of a section 106 legal agreement.

Pedestrian Access

6.4.12 A separate pedestrian access from Kennington Road will be available for visitors,
staff and users of the community facilities.

Community Use

6.4.13 No assessment has been undertaken of the Community Use. Given that this facility
will not be available during traffic peak hours and that local people are envisaged to
walk to the facility, the impacts are unlikely to be significant.

Cycle Parking

6.4.14 Policy T3 of the Local Plan requires development likely to generate additional cycle
trips to provide appropriate, secure and covered cycle parking in accordance with
minimum standards set out in the London Plan. Development for education uses are
expected to include provision for showers, changing facilities and lockers
consummate with the number of cycle parking spaces provided.

6.4.15 The proposals include provision for six cycle parking spaces, which complies with
London Plan standards. Cycle hire facilities are available in the vicinity of the site.

Servicing and Delivery Management Plan

6.4.16 Servicing and delivery will be scheduled outside of school opening and closing hours.
Consequently, LGVs/7.5 tonne box vans will be able to use the drop off/pick up area,
entering and exiting from the site in forward gear. Provision for refuse storage meets
Lambeth standards. Weekly refuse collection will take place from Lollard Street.

Traffic Impacts

6.4.17 Traffic flows were undertaken to consider the existing conditions and to assess the
traffic impacts of proposals, at the junction of Lollard Street/Kennington Road, for the
morning and afternoon school peak periods. Officer have reviewed the traffic
modelling and consider the results to be sound and therefore support the proposal in
terms of transport and highway implication subject to conditions requiring compliance
with details of the CEMP and SDMP as well as the travel plan.

6.5 Trees and Landscaping

6.5.1 Policy Q9 and Policy Q10 of the Local Plan relate specifically to landscaping and
trees, respectively. Policy Q9 (ii) states that development will be supported where
landscaping “retains and enhances existing planting landscaping feature of value and
protects them during construction”. Policy Q10 (II) has a presumption against
development that would result in loss of trees of significant amenity, historic or
ecological/habitat conservation value. Such trees should be retained and protected
during the construction process and should be integrated into the new development.
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6.5.2 A tree survey plan was submitted with the application. The report identifies that all
trees within the site are to be removed to make way for the development. These will
be replaced as part of the new landscape scheme for the site. An indicative plan has
been submitted that identifies replacement trees and areas of new planting. The
report has been reviewed by the Council’s Arboricultural Officer. Whilst the loss of all
the trees is regrettable it is considered that subject to the provision of replacement
tree planting, the loss of the existing trees will be adequately mitigated. It is
recommended that a condition be imposed to secure further details of all planting to
ensure that appropriate species and mature trees are selected. .

6.6 Ecology and Biodiversity

6.6.1 Policy EN1 relates to open space requirements within the borough and in relation to
new development it seeks to ensure the protection of valuable existing habitats and
to maximise opportunities for creating or adding to biodiversity.

6.6.2 The application was referred to the Council’s Parks Project Officer, who advises on
biodiversity issues. The officer raised no objection to the proposal and recommended
a condition to secure further detail in respect of the proposed external hard and soft
landscaping. This would ensure that replacement trees are appropriate and
sustainable in terms of species, their location and add ecological benefit and visual
amenity.

6.6.3 It is recommended than an informative be added to any consent advising that


landscaping schedules should endeavour to include, within reason, measures to
promote biodiversity including features attractive to bats and/or wild birds, and the
use of native species typical of locality and ground conditions or naturalised areas.
The applicant should act on good practice to maximise the site’s landscape, visual
and horticultural quality, ease of maintenance and to provide long-term
environmental benefit.

6.7 Land Contamination, Flood Risk and Surface Water Drainage

6.7.1 The site is located within Flood Zone 3 as defined in the Lambeth Strategic Flood
Risk Assessment (SFRA). Policy EN5 (c) of the Local Plan requires all major
development proposals to be accompanied by a flood risk assessment (FRA), which
should be proportionate to the degree of flood risk posed to and by the development.
Policy EN5 (d) requires FRA to consider the risk of flooding to and from all sources
including surface run-off, groundwater, ordinary watercourses, sewer and reservoirs.

6.7.2 Policy EN6 relates to sustainable drainage systems and water management and
states that development should seek to ensure that the layout and design of
development does not have a detrimental impact on floodwater flow across the site. It
advises that in order to ensure a net decrease in both volume and rate of run-off
leaving the site, development should incorporate sustainable drainage systems
(SUDS) consistent with the London Plan drainage hierarchy and National SUDS
Standards. It also requires that the local water supply and public sewage networks
have adequate capacity to serve the development and that any necessary
improvements are carried out before occupation of the development.
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6.7.3 The application is accompanied by a Ground Investigation Report drafted by Jomas


(dated 8th July 2016) and Phase III Remediation Method Statement drafted by Soils
Limited (dated March 2017). These reports were reviewed by the Council’s
independent Environmental Health consultants who recommended that further
investigation work be carried out after demolition to establish the level of soft cover
that will be required as part of a remediation strategy. This will be secured as a
condition of consent.

6.7.4 The Council’s Flood risk officer reviewed the Flood Risk Assessment, prepared by
Aksward Construction Consultants (dated January 2017) and Drainage Strategy
drafted by Aksward Construction Consultants (dated June 2017). The officer
considers the assessment to be competent and is satisfied that the site can be
developed without increasing the risk of flooding to the surrounding area. Conditions
are recommended to ensure that the water environment of the development is well
managed and the impact on flood risk, water quality, habitats and amenity value is
appropriately mitigated. Whilst it would be desirable to include a green roof within the
scheme as a measure to minimise floor risk, the applicant has indicated that due to
lack of funding and because of associated maintenance requirements, a green roof
could not be incorporated into the scheme. Notwithstanding the absence of a green
roof within the scheme, the proposed drainage systems and strategy would comply
with London Plan Policies 5.12-5.15 and Local Plan Policies EN5 and EN6.

6.8 Sustainability

6.8.1 Policy EN4 of the Local Plan requires all development to meet high standards of
sustainable design and construction, having regard to the scale, nature and form of
the development proposal. Proposals are required to demonstrate that these
standards are integral to the design, construction and operation of the development.
Non-residential developments are required to show how the development would
meet the British Research Establishment Environmental Assessment Methodology
(BREEAM) target credit rating “Excellent”. The London Plan Policy 5.2 seeks to
ensure that proposals make the fullest contribution towards minimising carbon
dioxide emissions in accordance with the energy hierarchy of energy efficiency,
decentralized energy and renewable energy technologies. Policy EN3 of the Local
Plan requires that all major development should connect to existing decentralised
energy networks in the vicinity of the site. Where such networks do not exist
development should be future proofed to allow for connection to future networks.

6.8.2 The application is accompanied by a BREEAM pre-assessment. The BREEAM tool


provides national recognised standards, which comprise a framework for promoting
sustainable design, incorporating categories such as energy, water, materials,
transport, waste, pollution, health, wellbeing, management, land use and ecology.
These categories are scored to provide a credit to be achieved and how it would be
achieved. The BREEAM pre-assessment demonstrates that the development is
targeting a score of 66.9%. This score does not equate to an Excellent rating but falls
within the target credit rating of “Very Good”.

6.8.3 A statement by the applicant’s agents has provided justification for why Excellent
cannot be achieved – this mainly due to funding pressures from the client. The
proffered justification is considered acceptable having regard to Policy EN4 of the
Local Plan. This provides that if it is demonstrated that it is not technically feasible or
viable to meet the BREEAM Excellent, proposals should demonstrate a Very Good
rating with a minimum score of 63%. A full Design Stage BREEAM assessment will
be required prior to commencement of above ground works showing how Very Good
(with a minimum of 63%) will be achieved in practice. Conditions to secure these
policy requirements are recommended.
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6.8.4 A sustainability statement prepared by Couchperrywilkes has been submitted as part


of the application. The statement has been prepared using the standard methodology
set out in the London Plan. The London Plan requires a 35% reduction in CO2
emissions against those required by the Part L of the 2013 Building Regulations. The
submitted sustainability statement shows that the building would improve on the CO2
emission reduction targets and achieve a 39.74% reduction over Part L of the 2013
regulations. The above reductions have been achieved through fabric and building
service efficiencies complemented by a Combined Heat and Power Unit (CHP) and
the use of a Photovoltaic system. It is recommended that prior to occupation of the
building, “As-Built” energy calculations be submitted to show how the building
achieves the energy performance in practice.

6.8.5 The sustainability strategy has also been developed in accordance with the energy
hierarchy ‘Lean, Clean, Green’ and GLA guidance on preparing energy assessments.
The building has achieved reduced CO2 via building design means, following the Be
Lean principles utilising effective window design, insulation of walls, roof and ground
level. The building follows the Be Clean principles by incorporating a CHP unit.
Provision has also been made for future connection to district heating network,
should this become available. With further reference to Be Clean demand for cooling
has been reduced by minimising heat gains, reducing solar gains and using high
efficiency heat recovery from the required mechanical ventilation system. Some
cooling of occupied areas is required, peak lop cooling has been recommended. The
Be Green aspect is proposed to be met utilising 30kWp of solar photovoltaic panels.

6.8.6 The council’s independent energy and sustainability consultant are satisfied with the
measures and CO2 reductions proposed in the development, subject to the
conditions referred to above.

Air Quality

6.8.7 An air quality assessment (AQA) prepared by WSP has been submitted as part of the
application. The proposed development is a major development located in the
Lambeth-side Air Quality Management Area in the vicinity of Vauxhall, Kennington
and Waterloo Focus areas. The proposed development will be air quality neutral for
both building and transport emissions. The council’s sustainability consultant has
reviewed the assessment and is satisfied with its findings, subject to conditions to
ensure the emissions from the energy plant meet the requirements of the GLA’s
Sustainable Design and Construction SPG.

6.9 Community Safety/Designing out Crime

6.9.1 Policy Q3 requires development to be designed in a manner that does not engender
opportunities for crime or anti-social behaviour or create a hostile environment that
would produce fear of crime. Therefore development should not be permitted where
opportunities for crime are created or where it results in an increased risk of public
disorder. This requirement is contained within Section 17 of The Crime and Disorder
Act 1998 which imposes an obligation on the Local Planning Authority to consider
crime and disorder reduction in the assessment of a planning application.

6.9.2 The Design out Crime Officer has recommended that a condition be imposed
requiring the development to comply with Secured by Design – Schools 2015
minimum standards for physical protection.
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6.10 Planning Obligations and CIL

6.10.1 Policy D4 of the Local Plan identifies circumstances in which the Council can seek
S106 planning obligations to mitigate the impact of a development on the local
infrastructure or secure additional facilities that are required as a result of the
development coming forward. In this instance, the following site specific planning
obligations are considered necessary to make the school development acceptable.

Highway Improvement Works

 Highway works associated with construction of new vehicular accesses and


reinstatement of any redundant crossovers pursuant to a s278 agreement.

Travel Plan

 Revised Travel Plan including car park management plan


 Travel plan monitoring fee of £3,000

Local Labour in Construction

 An Employment and Skills Plan


 Notification of vacancies
 Trainee/apprenticeship placements (one trainee/apprentice per 10
construction workers on site)
 Financial contribution for support coordination, identification and preparation
of local labour in construction initiatives prior to commencement of
development (£2, 500 per £1m of capital construction costs)
 Accredited training

Community Use Management Plan


The Education and Skills Funding Agency (ESFA) have agreed to purchase a
peppercorn Lease from the LBL on a 125 years lease for the provision of the NAS
Vanguard School. Integral to the lease, is a requirement for the provision of
community use of the new facility as set out below. The Procuring agent (ESFA) will
re-provide a community centre facility within the footprint of the new school premises
to include the following:

 Not less than 240 square metres of shared hall space between the
(Community Use and the School) and a kitchen area of not less than 15
square metres
 A break out area of not less than 30 square metres
 Exclusive storage space of not less than 10 square metres.
 A community access point separate from the school.
 Amendments to the above areas can be made with the agreement of both
parties.
 The premises (except for the store room) are to be available for use by
London Borough of Lambeth community groups for no more than 25 hours
per week, outside of normal school hours (but including weekends). At all
other times the premises are to be available for use by the school

Other
 Monitoring cost capped at 5% of the total value of the above financial
obligations
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6.10.2 If the application is approved and the development is implemented, a liability to pay
the Lambeth Community Infrastructure Levy (CIL) will arise. However, the Lambeth
CIL contribution would not be payable because of the proposed use of the site as an
educational facility. The London Mayoral CIL would be nil.

7 CONCLUSION

7.1 Having regard to the above assessment it is considered that subject to the conditions
set out below and S106 obligations, the proposed development would comply with the
relevant policies of the development plan, accordingly the application is considered
appropriate and acceptable for the reasons in this report and therefore is
recommended for approval.

8 EQUALITY DUTY AND HUMAN RIGHTS

8.1 In line with the Public Sector Equality Duty the council must have due regard to the
need to eliminate discrimination and advance equality of opportunity, as set out in
section 149 of the Equality Act 2010. In making this recommendation, regard has
been given to the Public Sector Equality Duty and the relevant protected
characteristics (age, disability, gender reassignment, pregnancy and maternity, race,
religion or belief, sex, and sexual orientation).

8.2 In line with the Human Rights Act 1998, it is unlawful for a public authority to act in a
way which is incompatible with a Convention right, as per the European Convention
on Human Rights. The human rights impact have been considered, with particular
reference to Article 1 of the First Protocol (Protection of property), Article 8 (Right to
respect for private and family life) and Article 14 (Prohibition of discrimination) of the
Convention.

8.3 The Human Rights Act 1998 does not impair the right of the state to make decisions
and enforce laws as deemed necessary in the public interest. The recommendation
is considered appropriate in upholding the council's adopted and emerging policies
and is not outweighed by any engaged rights.

9 RECOMMENDATION

9.1 Resolve to grant conditional planning permission.

9.2 Agree to delegate authority to the Director of Planning and Development to:

1. Finalise the recommended conditions as set out in this report

2. Negotiate, agree and finalise the planning obligations pursuant to section 106
of the Town and Country Planning Act 1990; and
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9.3 In the event that the committee resolves to refuse planning permission and there is a
subsequent appeal, delegated authority is given to officers, having regard to the heads
of terms set out in the report, to negotiate and complete a Section 106 agreement in
order to meet the requirements of the Planning Inspector.

9.4 Delegate authority to the Director of Planning and Development to refuse planning
permission in the event that the Section 106 Agreement is not completed within 4
months of Committee (or an alternative timeframe agreed with the LPA) for failure to
enter into a section 106 agreement for the mitigating obligations identified in the report
and to defend any subsequent appeal.

Conditions(s) and Reasons(s)

1. The development to which this permission relates must be begun no later than three
years from the date of this decision notice.

Reason: To comply with the provisions of 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 hereby permitted shall be carried out in accordance with the
approved plans and drawings listed in this decision notice, other than where those
details are altered pursuant to the conditions for this planning permission.

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

3. The development shall be constructed and thereafter operated so as to achieve


‘Secured by Design Schools 2015’ accreditation (or such equivalent national measure
of sustainability which replaces that scheme). Evidence of such shall be submitted
within 6 months from the commencement of use of any of the development hereby
approved, or within any other timetable agreed by the Local Planning Authority, and
approved in writing by the Local Planning Authority.

Reason: To reduce opportunities for crime as far as is reasonable in accordance with


Policy Q3 of the Lambeth Local Plan

4. Prior to the commencement of development beyond the superstructure and


notwithstanding the details shown on the drawings hereby approved, detailed
construction drawings of all external elevations (at scale 1:10) including the following
items shall be submitted to and approved in writing by the local planning authority. The
development shall not be carried out other than in accordance with the approved
unless otherwise agreed in writing by the local planning authority.

a) Details of windows (including technical details, elevations, reveal depths, plans and
cross sections)
b) Details of entrances, canopies and doors (including technical details, elevations,
surrounds, reveal depths, plans and sections)
c) Details of roof treatments, cills and parapets
d) Details of rainwater goods (including locations and fixings)
e) Samples of external materials (to be specified)
f) Detailed elevations (including cladding fixings and signage scale 1:10)
g) Boundary treatments and gates (including fixings and furniture)
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Reason: To ensure a high quality standard of development and to safeguard and


enhance the setting of the adjoining listed terrace and conservation areas and the
visual amenities of the locality in general in accordance with Policies Q5, Q7, Q8, Q20
and 22 of the Lambeth Local Plan.

5. Any works of demolition and/or construction shall be undertaken in accordance with


the Construction and Environmental Management Plan Issue – C (Final Issue for
Planning Submission) dated 22nd June 2017 prepared by Galliford Try and the
Construction Phase Dust Mitigation Measures detailed in the Air Quality Assessment
prepared by WSP. The works shall be carried out in accordance with these measures
unless the written consent of the Local Planning Authority is granted for any variation.

Reason: To avoid hazard and obstruction being caused to users of the public highway
and to safeguard residential amenity during the whole of the construction period.
(Policies T6 and Q2 of the Lambeth Local Plan (2015)).

6. Prior to the commencement of the use hereby permitted, a scheme of sound insulation
and vibration isolation to protect the educational use shall be fully installed. As a
minimum, the scheme shall meet the noise targets recommended in the Environmental
Noise Report prepared by Acoustic Consultants Limited reference: 6372/PP/pw and
dated June 2017. The development shall be carried out in accordance with the
recommendations detailed in the Environmental Noise Report unless the written
consent of the Local Planning Authority is received for any variation.

Reason: To ensure the development is suitable for the intended use and to protect the
amenities of future residential occupiers and the surrounding area (Policy Q2 of the
Lambeth Local Plan (2015)).

7. Within 3 months of the date of commencement of the use a noise and vibration
assessment shall be carried out to confirm the noise and vibration targets in the
Environmental Noise Report prepared by Acoustic Consultants Limited reference:
6372/PP/pw and dated June 2017 have been met. Any additional steps required to
mitigate noise shall be detailed and implemented, as necessary. The post installation
assessment shall be submitted to and approved in writing by the local planning
authority. The details as approved shall thereafter be permanently retained.

Reason: To ensure the development is suitable for the intended use and to protect the
amenities of future residential occupiers and the surrounding area (Policy Q2 of the
Lambeth Local Plan (2015)).

8. Noise from any mechanical equipment or building services plant shall not exceed
10dB below background noise level when measured outside the window of the nearest
noise sensitive or residential premises, when measured as a L90 dB(A) 1 hour. Within
3 months of the date of commissioning all equipment and plant a noise assessment
shall be carried out to confirm the noise target has been met for both day and night
time operation. Any additional steps required to mitigate noise shall be detailed and
implemented, as necessary. The post installation noise assessment shall be
submitted to and approved in writing by the local planning authority. The details as
approved shall thereafter be permanently retained.

Reason: To protect the amenities of future residential occupiers and the surrounding
area (Policy Q2 of the Lambeth Local Plan (2015)).

9. There shall be no amplified sound, speech or music used in connection with the
educational and community use of the premises hereby approved which is audible
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above background noise levels when measured outside the nearest residential
property.

Reason: To protect the amenities of future residential occupiers and the surrounding
area (Policy Q2 of the Lambeth Local Plan (2015)).

10. All deliveries and servicing shall be undertaken only in accordance with the Delivery
and Servicing Plan prepared by Robert West Consulting Limited reference
4479/006/R03B and dated June 2017. The measures approved in the Plan shall be
shall be maintained for the duration of the relevant uses unless the written consent of
the Local Planning Authority is received for any variation.

Reason: To ensure that the delivery arrangements to the building as a whole are
appropriate and to limit the effects of the increase in travel movements (Policy T8 of
the Lambeth Local Plan 2015)

11. Unless otherwise agreed in writing by the local planning authority no development
other than demolition shall commence until the following components of a scheme to
deal with the risks associated with contamination of the site have been submitted to
and approved in writing by the local planning authority

i) A site investigation scheme, based on previous findings to provide information for a


detailed assessment of the risk to all receptors that may be affected, including those
off-site;
ii) The site investigation results and the detailed risk assessment resulting from i);
iii) An options appraisal and remediation strategy giving full details of the remediation
measures required and how they are to be undertaken;
iv) A verification plan providing details of the data that will be collected in order to
demonstrate that the works set out in (iii) are complete and identifying any
requirements for longer-term monitoring of pollutant linkages, maintenance and
arrangements for contingency action.

The development shall thereafter be implemented in accordance with the details and
measures approved.

Reason: Development other than demolition must not commence before this condition
is discharged to safeguard future users or occupiers of this site and the wider
environment from irreversible risks associated with the contaminants which are
present by ensuring that the contaminated land is properly treated and made safe
before development. Depending on the outcome of any ground investigation and
subsequent risk assessment, it may be necessary for remediation to be carried out. If
this is the case, it will be necessary to demonstrate that any work has been carried out
effectively and the environmental risks have been satisfactorily managed (policies 5.21
of the London Plan (2015) and EN4 of the Lambeth Local Plan (2015)).

12. Prior to occupation of any part of the development, a verification report demonstrating
completion of the works set out in the approved remediation strategy and the
effectiveness of the remediation shall be submitted to and approved in writing by the
local planning authority. The report shall include results of sampling and monitoring
carried out in accordance with the approved verification plan to demonstrate that the
site remediation criteria have been met. It shall also include any plan (a “long-term
monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages,
maintenance and arrangements for contingency action, as identified in the verification
plan, and for the reporting of this to the local planning authority.
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Reason: Occupation of the site must not commence before this condition is discharged
to safeguard future users or occupiers of this site and the wider environment from
irreversible risks associated with the contaminants which are present by ensuring that
the contaminated land is properly treated and made safe before development.
Depending on the outcome of any ground investigation and subsequent risk
assessment, it may be necessary for remediation to be carried out. If this is the case, it
will be necessary to demonstrate that any work has been carried out effectively and
the environmental risks have been satisfactorily managed (policies 5.21 of the London
Plan (2015) and EN4 of the Lambeth Local Plan (2015)).

13. If, during development, contamination not previously identified is found to be present
at the site then no further development shall be carried out until the developer has
submitted, and obtained written approval from the Local Planning Authority for, an
amendment to the remediation strategy detailing how this unsuspected contamination
will be dealt with.

Reason: To ensure that the development does not impact unacceptably upon existing ground
conditions, geology, hydrology and hydrogeology of the site and surrounding area (Policies
5.14 and 5.21 of the London Plan (2016)).

14. Prior to first occupation of any part of the new building hereby approved a
Community Use Management Plan (including the spaces available, hours of use and
potential users, management responsibilities during all operating hours, measures to
control noise and disturbance, playing of music or other amplified sound and
minimising the effects of patrons coming and going from the site) shall be submitted
to and approved in writing by the Local Planning Authority. The Community Use
Management Plan should also include the following requirements:

• Not less than 240 square metres of shared hall space between the (Community
Use and the School) and a kitchen area of not less than 15 square metres

• A break out area of not less than 30 square metres

• Exclusive storage space of not less than 10 square metres.

• A community access point separate from the school.

• Amendments to the above areas can be made with the agreement of both parties.

• The premises (except for the store room) are to be available for use by London
Borough of Lambeth community groups for no more than 25 hours per week, outside
of normal school hours (but including weekends). At all other times the premises are
to be available for use by the school

The community use of the site shall thereafter only occur in accordance with the
approved Community Use Management Plan.

Reason: To ensure that appropriate community access to the school facilities is


provided and to protect the amenity of neighbouring properties, to prevent conditions
prejudicial to the function and safety of the highway network and to ensure the
security of the site in accordance with Policies S2, S3 T6 and Q2 of the Lambeth
Local Plan (2015)

15. Notwithstanding the approved drawings prior to commencement of development


beyond the superstructure details including the layout, siting and elevations of the
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refuse and recycling stores for the development hereby approved (at a scale of not
less than 1:20) shall be submitted to and approved in writing by the Local Planning
Authority. The provision for waste storage and recycling shall be made in accordance
with the requirements of the London Borough of Lambeth’s ‘Waste and Recycling
Storage and Collection Requirements: Guidance for Architects and Developers’
(October 2013). The development shall thereafter be completed in accordance with
the approved details and permanently maintained and retained thereafter.

Reason: To ensure the adequate provision is made for the storage of refuse and
recycling on the site, in the interests of the amenities of the area and to ensure
satisfactory appearance of the completed development in accordance with Policies
Q2, Q7, Q12 and EN7 of the Lambeth Local Plan (2015).

16. Notwithstanding the approved plans, prior to commencement of development beyond


the superstructure detailed drawings of the cycle stores and stands including their
layout, elevations and manufacturers’ specifications shall be submitted to and
approved in writing by the Local Planning Authority. Secure provision shall be
provided for a minimum of 6 cycle parking spaces unless otherwise agreed in writing
with the Local Planning Authority. The development shall thereafter be carried out
solely in accordance with the approved details prior to first use of the buildings and
retained as such for the duration of the use.

Reason: To ensure that adequate cycle parking is available on site, to promote


sustainable modes of transport and in the interest of the visual amenities of the area
in accordance with Policies Q2, Q7, Q13, Q22, T1 and T3 of the Lambeth Local Plan
(2015).

17. Prior to its usage on site, all non-road mobile machinery (NRMM) shall be registered
on the NRMM register (or any superseding register). All registered NRMM shall be
compliant with the NRMM Low Emission Zone requirements.

Reason: To ensure that air quality is not adversely affected by the development in
line with London Plan policy 7.14 and the Mayor’s SPG: The Control of Dust and
Emissions during Construction and Demolition.

18. Prior to installation, the proposed Combined Heat and Power (CHP) plant must meet
the emission standards set out in the GLA’s Sustainable Design and Construction
Supplementary Planning Guidance 2014 (or its later versions). Full details of the
proposed CHP plant must be submitted to the Council for approval using Combined
Heat and Power System information request form.

Reason: To ensure that air quality is not adversely affected by the development in
line with the GLA’s Sustainable Design and Construction Supplementary Planning
Guidance 2014

19. Within three months of work starting on site a BREEAM Design Stage certificate and
summary score sheet (or such equivalent standard that replaces this) must be
submitted to and approved in writing by the Local Planning Authority to show that an
“Very Good” rating will be achieved.

Prior to first occupation of the building(s) a BREEAM Post Construction Review


certificate and summary score sheet (or such equivalent standard that replaces this)
must be submitted to and approved in writing by the Local Planning Authority to show
that an Very Good rating has been achieved.
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Reason: To ensure that the proposed development meets sustainable design and
construction requirements and to facilitate a reduction of Co2 through the use of
renewables in accordance with Policy 5.2 of the London Plan (2015) and Policy EN4
of the Lambeth Local Plan (September 2015).

20. No development beyond the superstructure shall take place until details of hard and
soft landscaping (including replacement tree planting and other measures to enhance
biodiversity) showing the treatment of all other parts of the site not covered by the
new building including external lighting (whether fixed to the building or free standing)
shall be submitted to and approved in writing by the Local Planning Authority.

o The specification shall include details of the quantity, size, species, position and the
proposed time of planting of all trees and shrubs to be planted, together with an
indication of how they integrate with the proposal in the long term with regard to their
mature size and anticipated routine maintenance and protection. In addition all
shrubs and hedges to be planted that are intended to achieve a significant size and
presence in the landscape shall be similarly specified. All tree, shrub and hedge
planting included within the above specification shall accord with BS3936:1992,
BS4043:1989 and BS4428:1989 and current Arboricultural best practice.

Details should include new paving and tarmac materials as well as a routine
maintenance and protection plan to ensure appropriate landscaping in the long term.

o The external lighting scheme shall include a specification of the proposed light
fittings, lux levels, light spillage and details of shielding to neighbouring properties.

All hard landscaping and external lighting as may be approved shall be carried out
solely in accordance with the approved details before the first occupation of the
development and shall be permanently maintained and retained as such thereafter.

Reason: To ensure that the development achieves a high quality of landscaping,


which contributes to the visual amenity and to character and appearance of the area
and to ensure the safety and security of future occupiers of the site and of adjoining
properties in accordance with Policies EN1, Q2, Q3, Q6, Q7, Q9, Q10 and Q11 of the
Lambeth Local Plan (September 2015).

21. All planting, seeding or turfing comprised in the approved details of landscaping
(condition 20) shall be carried out in the first planting and seeding season following
the occupation of the development hereby permitted or the substantial completion of
the development, whichever is the sooner. Any trees, hedgerows or shrubs forming
part of the approved landscaping scheme which within a period of five years from the
occupation or substantial completion of the development die, are removed or become
seriously damaged or diseased shall be replaced in the next planting season with
others of similar size and species, unless the Local Planning Authority gives written
consent to any variation.

Reason: To ensure that the development achieves a high quality of landscaping


which contributes to the visual amenity and to character and appearance of the
Conservation Area in accordance with policies Q2, Q10 and Q11 of the Lambeth
Local Plan (2015).
Page 134

Informatives(s)

1. This decision letter does not convey an approval or consent which may be required
under any enactment, by-law, order or regulation, other than Section 57 of the Town
and Country Planning Act 1990.

2. Your attention is drawn to the provisions of the Building Regulations, and related
legislation which must be complied with to the satisfaction of the Council's Building
Control Officer.

3. Your attention is drawn to the need to comply with the requirements of the Control of
Pollution Act 1974 concerning construction site noise and in this respect you are
advised to contact the Council's Environmental Health Division.

4. You are advised of the necessity to consult the Council’s Highways team prior to the
commencement of construction at drw@lambeth.gov.uk in order to obtain necessary
approvals and licences prior to undertaking any works within the Public Highway
including Scaffolding, Temporary/Permanent Crossovers, Oversailing/Undersailing of
the Highway, Drainage/Sewer Connections, Hoarding, Excavations (including
adjacent to the highway such as basements, etc), Temporary Full/Part Road
Closures, Craneage Licences etc.

5. You are advised that this permission does not authorise the display of
advertisements at the premises and separate consent may be required from the
Local Planning Authority under the Town and Country Planning (Control of
Advertisements) Regulations 1992.

6. You are advised that landscaping schedules should endeavour to include, within
reason, measures to promote biodiversity including features attractive to bats and/or
wild birds, and the use of native species typical of locality and ground conditions or
naturalised areas. The applicant should act on good practice to maximise the site’s
landscape, visual and horticultural quality, ease of maintenance and to provide long
term environmental benefit.

7. Guidance on preparing Community Use Agreements is available from Sport England


www.sportengland.org.

8. Contaminated soil that is, or must be, disposed of is waste, therefore its handling,
transport and disposal is subject to waste management legislation including:

• Duty of Care Regulations 1991;


• Hazardous Waste (England & Wales) Regulations 2005;
• Environmental Permitting (England & Wales) Regulations 2010;
• Waste (England & Wales) Regulations 2011.

Developers should ensure that all contaminated materials are adequately


characterised, both chemically and physically, in line with BS EN 14899 (2005):
characterisation of waste; sampling of waste materials; framework for the preparation
and application of a sampling plan” and that the permitting status of any proposed
treatment or disposal activity is clear. If in doubt, please contact the Environment
Agency for advice at an early stage, in order to avoid delays and to discuss the
issues likely to be raised. Applicants should be aware that any permit may not be
granted. Please visit the relevant section of the national government website for
further environmental permitting guidance.
Page 135

Please note that, if the total quantity of waste material to be produced or taken off
site is hazardous waste, and is 500 kilograms (kg) or greater in any 12 month period,
the developer will need to register with the Environment Agency as a hazardous
waste producer.

9. As soon as building work starts on the development, you must contact the Street
Naming and Numbering Officer if you need to do the following:
- name a new or existing building
- apply new street numbers to a new or existing building
- register new flats or new buildings with Royal Mail

This will ensure that any changes are agreed with Lambeth Council before use, in
accordance with the London Buildings Acts (Amendment) Act 1939 and the Local
Government Act 1985.

The correct street number or number and name must be displayed prominently on
the premises in accordance with regulations made under Section 12 of the London
Building Acts (Amendment) Act 1939.

Contact details are listed below.

E-mail: streetnn@lambeth.gov.uk
Tel: 020 7926 2283
Fax: 020 7926 9104

10. You are advised of the necessity to consult Transport for London via email
(centrallicensing@tfl.gov.uk), prior to the commencement of construction in order to
obtain necessary approvals and licences prior to undertaking any works within the
adjacent public highway including scaffolding, temporary/permanent crossovers,
oversailing/undersailing of the highway, drainage/sewer connections, hoarding,
excavations (including adjacent to the highway such as basements, etc), temporary
full/part road closures, craneage licences etc.

11. In relation to surface water management the applicant is encouraged to reduce


surface water run-off rates to Greenfield rates, manage surface water run-off as close
to its source as possible, in line with a given drainage hierarchy, and to utilise
Sustainable Drainage Systems (SuDS) wherever practical, as required by the
Greater London Authority’s London Plan (Policy 5.13) and the relevant ‘priorities’
within the associated Sustainable Design and Construction Supplementary Planning
Guidance (SPG) (Section 3.4).

12. The latest Sustainable Design and Construction SPG can be found on the GLA’s
website https://www.london.gov.uk/what-we-do/planning/implementing-london-
plan/supplementary-planning-guidance. The Combined Heat and Power System
information request from can be found in the Downloads section of Lambeth Air
Quality Guide www.lambeth.gov.uk/AirQuality

13. You are advised that all conditions which require further details to be submitted to
and approved by the Local Planning Authority need to be accompanied by an
application form and a fee. The application form and fee schedule can be found at
www.lambeth.gov.uk/planning.

Background documents – Case file (this can be accessed via the planning Advice Desk,
Telephone 020 7 926 1180).
Page 136

For advice on how to make further written submissions or to register to speak on this item,
please contact Democratic Services, 020 796 2170 or email.
Page 137 Agenda Item 6
Page 138

Address: 452 - 456 Brixton Road London SW9 8EA


Application Number: 16/06053/FUL Case Officer: Mr Mark Heaney
Ward: Ferndale Date Received: 21.10.2016
Proposal:
Demolition and redevelopment of 1 - 9 Dorrell Place together with change of use
of upper floors of 452 - 456 Brixton Road and basement and first floors of 11 Dorrell
Place with restoration and repair works to retained facades and two storey side
extension to 11 Dorrell Place to provide a 96 bedroom hotel in a part two, part three,
part five storey building (Use Class C1), retention of front facade and refurbishment
of existing retail unit (Use Class A1) at basement and ground floor levels at 452 -
456 Brixton Road and installation of new shopfronts at ground floor level, retention
of existing public house at basement and ground floor levels at 11 Dorrell Place
and associated cycle parking, plant, refuse store and landscaping works.
Drawing numbers:
Existing:
3921-P-01 Site Plan; 3921-P-02 Existing Basement Plan; 3921-P-03 Existing
Ground Floor Plan; 3921-P-04 Existing First Floor Plan; 3921-P-05 Existing
Second Floor Plan; 3921-P-06 Existing Roof Plan; 3921-P-07 Existing Brixton
Road Elevation; 3921-P-08 Existing Dorrell Place Elevation; 3921-P-09 Existing
Nursery Road Elevation; 3921-P-10 Existing Rear Elevation; 3921-P-11 Existing
Section A-A; 3921-P-12 Existing Section B-B;

Proposed:
3921-P-13 Proposed -2 Basement; 3921-P-16 REV A Proposed First Floor Plan;
3921-P-17 Proposed Second Floor Plan; 3921-P-18 Proposed Third Floor Plan;
3921-P-19 Proposed Fourth Floor Plan; 3921-P-20 REV A Proposed Roof Plan;
3921-P-21 REV A Proposed Brixton Rd Elevation; 3921-P-22 REV A Proposed
Dorrell Place Elevation; 3921-P-23 REV A Proposed Nursery Rd Elevation; 3921-
P-24 REV A Proposed Rear Elevation; 3921-P-25 REV A Proposed Section A;
3921-P-26 Proposed Section B; 3921-P-27 REV A Proposed Hotel Elevation
Details; 3921-P-28 Proposed Window Details; 3921-P-29 REV A Proposed Brick
Detail; Obscure Glazing Sketch received 1st August 2017, 3921-SK-35 A Proposed
Ground Floor Plan Separated Bar & Hotel, 3921-SK-36 Proposed Basement Plan
Separated Bar & Hotel 3921-SK-36 REVA

Documents:
Air Quality Assessment dated October 2016 produced by WYG Planning &
Environment; Archaeological Desk-Based Assessment dated October 2016
produced by Pre-Construct Archaeology; Daylight and Sunlight Report dated
September 2016 produced by BVP; Design Development dated April 2017;
Ecological Walkover dated 26/09/2016 produced by Arbtech; Energy Statement
dated 20/09/2016 produced by Metropolis Green; 452-456 Brixton Road and 1-11
Dorrell Place FRA & SWDS dated July 2017 produced by Ambiental; Noise Impact
Assessment 21291/NIA(Rev3) dated 18/10/2016 produced by Hann Tucker
Associates; Planning and Heritage Statement 21/10/16 produced by Metropolis;
Sustainability Statement dated 12/10/2016 produced by Metropolis Green; Thermal
Comfort Report 14/02/17 by Metropolis Green, Transport Assessment PCD-1152-
EN-RP-01 Rev01, Policy Response 2613 dated 14/02/2017, Design Development
dated April 2017, Design and Access Statement dated October 2016, External
Building Fabric Report 21291/EBF1(Rev1) dated 18 October 2016, Revised
Page 139

Nursery Road CGI received 31st July 2017, Transport Addendum Ref:
17/3611/TAA01 dated August 2017, Draft Construction and Environmental
Management Plan August 2017, Townscape Views August 2017

RECOMMENDATION:

1. Resolve to grant conditional planning permission subject to completion


of an agreement under Section 106 of the Town and Country Planning
Act 1990 for the planning obligations listed in this report.

2. Agree to delegate authority of the Director of Planning and Development


to finalise the recommended conditions as set out in this report; and
negotiate, agree and finalise the planning obligations as set out in this
report pursuant to Section 106 of the Town and Country Planning Act
1990.

3. In the event that the committee resolves to refuse planning permission


and there is a subsequent appeal, delegated authority is given to
officers, having regard to the heads of terms set out in the report, to
negotiate and complete a document containing obligations pursuant to
Section 106 of the Town and Country Planning Act 1990 in order to meet
the requirements of the Planning Inspector.

4. Delegate authority to the Director of Planning and Development to


refuse planning permission in the event that the Section 106 Agreement
is not completed within 4 months of Committee (or an alternative
timeframe agreed with the LPA) for failure to enter into a section 106
agreement for the mitigating obligations identified in the report and to
defend any subsequent appeal.

Applicant: Agent:
Miraj Investments Ltd Metropolis Planning & Design
4 Underwood Row
London
N1 7LQ

SITE DESIGNATIONS

Relevant site designations:


Conservation Area (CA) Brixton (CA26)
Archaeological Priority Area Roman Road (Reference A4)
Flood Zone Flood Zone 1
Lambeth Local Plan (2015) PN3 Brixton

LAND USE DETAILS

Site area 0.129ha / 1287.1sqm

Table 1:
Page 140

Existing A1 Retail Floor Space Proposed A1 Retail Floor Space


Basement Floor 495sqm Basement Floor 302sqm
Level Level
Ground Floor Level 697sqm Ground Floor Level 560sqm
First Floor Level 546sqm First Floor Level 0sqm
Second Floor 170sqm Second Floor Level 0sqm
Level
Total A1 Floorspace Total A1 862sqm
1908sqm Floorspace

Total Loss of A1 retail floor space: 1046sqm

Table 2:
Existing A4 Public House Proposed A4 Public House
Basement Floor 53sqm Basement Floor 44sqm
Level Level
Ground Floor Level 67sqm Ground Floor Level 81sqm
First Floor Level 49sqm First Floor Level 0sqm
Total A4 169sqm Total A4 125sqm
Floorspace Floorspace

Total Loss of A4 Public House floor


space: 44sqm

Table 3:
Proposed C1 Hotel Accommodation
Sub-basement floor level 181sqm
Basement Floor Level 148sqm
Ground Floor Level 44sqm
First Floor Level 575sqm
Second Floor Level 504sqm
Third Floor Level 315sqm
Fourth Floor Level 315sqm
Total C1 Floorspace 2,082

PARKING DETAILS

Car Parking Car Parking Motorcycle Bicycle


Spaces Spaces Spaces Spaces
(general) (Disabled)
Existing 1 (off-street) 0 0
Proposed 0 1 (on-street) 0 10
Net - - -
Page 141

EXECUTIVE SUMMARY
The application seeks the demolition and redevelopment of 1 - 9 Dorrell Place together
with change of use of upper floors of 452 - 456 Brixton Road and basement and first
floors of 11 Dorrell Place with restoration and repair works to retained facades and two
storey side extension to 11 Dorrell Place to provide a 96 bedroom hotel in a part, two,
part three, part five storey building (Use Class C1), retention of front facade and
refurbishment of existing retail unit (Use Class A1) at basement and ground floor levels
at 452 - 456 Brixton Road and installation of new shopfronts at ground floor level,
retention of existing public house (Use Class A4) at basement and ground floor levels
at 11 Dorrell Place.
The application has been assessed in accordance with the development plan and the
key aspects of the assessment are summarised as follows:
a. Principle of the Development/Land Use
The proposed change of the land, which would result in the loss of upper floor retail
floorspace and upper floor ancillary public house floorspace to provide new hotel
accommodation is considered to be acceptable in principle within Brixton Town
Centre. . Notwithstanding the loss of upper floor retail floorspace, the remaining
retail unit at basement and at ground floor level would remain viable. The retail unit
would be reconfigured and have a new shopfront that would extend further around
onto Dorrell Place to provide an active frontage within that street thereby increasing
its viability and the vitality of this retail frontage. Similarly, whilst the public house
would be reduced in size, the lost floorspace would be ancillary space located at
upper floor level, which would be more appropriately re-provided at
ground/basement floor levels. The loss of some floorspace would not compromise
the viability of the pub and its continued contribution to the night time economy in
Brixton Town Centre.
b. Conservation and Design
The Development is considered to be appropriate in terms of its siting, scale, form
and detailed design, noting that despite its additional height, the new building would
integrate well into the adjacent and wider urban context and would not cause harm
to any surrounding heritage assets. Were it to be concluded that less than
substantial harm would be caused by this development, this harm would be
appropriately offset by the public benefits that the development would provide,
which would include: public realm improvements to Dorrell Place; a financial
contribution towards the delivery of TfL cycle hire scheme facilities near the site; a
viable future for the site by bringing forward the use of underutilised and/or vacant
floorspace on the site; investment in local economy through use of the hotel ; local
job creation through S106 obligations that would require a minimum percentage of
local people to be employed on the site during the construction phase and during
end use of site and; financial contributions towards employment and training.
c. Standard of Visitor Accommodation
The Development seeks to promote the highest standards of accessibility and
inclusivity by providing wheelchair accessible rooms and as such is policy
compliant.
Page 142

d. Designing Out Crime


The development would animate Dorrell Place further with the proposed new
shopfront extension, which would also lead to an increase in passive surveillance
of the area thereby reducing opportunistic crime, whilst the proposed hotel would
be built to Secured by Design standards.
e. Neighbouring Amenity
The proposal would not give rise to a sense of enclosure, loss of outlook, loss of
privacy or loss of light for the occupiers of neighbouring properties neither would it
lead to a significant increase in noise and general disturbance within the
surrounding area.
f. Transport and Servicing
The application has been assessed by the Council’s Transport and Highways team
who confirm that the scheme can be accommodated within the existing capacity of
the public transport and highway network. Various conditions of approval are
recommended to control the construction phase, operation and management of the
development including a construction management plan and to secure requisite
levels of cycle and refuse storage provision.
g. Refuse and Recycling
The provision for both the existing and proposed uses is considered acceptable.
h. Sustainability and Energy / Flood Risk, Contamination and Site Management
Measures
The development has been designed to achieve excellent sustainability and energy
saving standards, whilst ensuring that the risk of flooding is minimised and air
quality is not detrimentally harmed.

OFFICERS’ REPORT

Reason for referral to PAC: The application is reported to the Planning


Applications Committee in accordance with section:

(1) Applications, other than applications made under S73 of the Town and
Country Planning Act 1990, which are recommended for approval where the
application falls within the following relevant categories:
(ii) The provision of a building or buildings where the floor space to be created
including changes of use, by the development is 1,000 square metres or more;
or
(iii) Development carried out on a site having an area of 1 hectare or more.
Page 143

1 SITE AND SURROUNDINGS


1.1 The application site (‘the Site’) is 0.06ha in area and is located to the west of the
A23 Brixton Road and to the east of Nursery Road, with Dorrell Place running
along the northern boundary of the site. It is located close to Brixton Underground
station.
1.2 The Site is considered to be ‘brownfield’ previously developed land, which has
been developed a number of times. The existing buildings cover the majority of
the Site, whilst Dorrell Place is a public footway connecting Brixton Road and
Nursery Road.

Figure 1.1: Location Plan of the Site


Page 144

1.3 The ‘front’ of the site, 452 - 456 Brixton Road, is a three storey building (plus
basement level), which was built by Messrs Francis and Sons ‘Exchange Stores’
established in 1875 and was later the first branch of British Home Stores (from
1928). 452 - 456 Brixton Road has a long history of retail use and is currently
wholly in Class A1 use as established by a Certificate of Lawful (Existing) Use
application (reference: 15/04912/LDCE) issued on the 23rd October 2015. The
current tenants, Superdrug, occupy both 452-456 Brixton Road and 1-9 Dorrell
Place, with a sales floor at the ground floor level and ancillary storage and offices
located within the basement and upper floors levels. 452 - 456 Brixton Road is
not a statutory or locally listed building but falls within the Brixton Conservation
Area.

Figure 1.2: Existing eastern elevation fronting Brixton Road


1.4 The ‘middle’ of the site, 1-9 Dorrell Place, is a two-storey building, which
connects the front building of 452 – 456 Brixton Road to the rear of 11 Dorrell
Place. It has a blank façade with few doors at ground floor level and limited
fenestration at first floor level. A UKPN substation and its entrance is also located
within this elevation.
Page 145

Figure 1.3: Existing northern elevation of the Site on Dorrell Place


1.5 At the ‘rear’ of the site, No. 11 Dorrell Place is a two storey Victorian building in
use as a public house (pub) known as SW9 Bar (Use Class A4), and is physically
connected to 1-9 Dorrell Place. Number 11 Dorrell Place is not listed however it
is a 19th Century building, which is identified as making a positive contribution to
the character and appearance of the Conservation Area due to its “canted
corner…brick, tripartite sash windows with colonettes”. The rear wing of this
building, which is to be demolished is part of the original Victorian building
however it is of utilitarian appearance and presents a dead frontage to Dorrell
Place. The characterful front and side elevations of the public house at 11 Dorrell
Place would be retained.

Figure 1.4: Existing western elevation (front) of 11 Dorrell Place


Page 146

1.6 Dorrell Place, which runs along the northern boundary of the Site, is a pedestrian-
only street (public footway) that links Brixton Road to the east and Nursery Road
to the west. It separates the Site from No.446 - 450 Brixton Road (currently Marks
and Spencer) to the north. Dorrell Place has several lamp posts within the centre
of the pedestrianised street, with numerous short-stay cycle parking spaces in
the form of Sheffield cycle stands, located close to the application site. It is
described within the Brixton Conservation Area Appraisal as “a pedestrian
passage linking Brixton Road to Nursery Road…the single storey flank elevation
of Marks & Spencer’s at No’s 448 – 450 Brixton Road is particularly poor and of
no interest. The café public house at 11 Nursery Road is an attractive building
which brings life to this otherwise quiet location”.
1.7 The surrounding locality to the north, south and east of the Site consists of varied
uses associated with a Town Centre location (mainly Retail (A1 Use Class)) and
is characterised by mostly 19th and early 20th Century purpose-built commercial
buildings. A railway viaduct is located to south of the site, which includes arches
most of which are currently unoccupied, apart from the arch that fronts Brixton
Road, which is occupied by Costa Coffee (a mixed Class A1 and Class A3 use).
To the west of the site is an industrial site located between two sets of railway
viaducts. The nearest residential properties are located further east and south-
east along Nursery Road.
1.8 The Site lies within the Brixton Conservation Area (CA26). The existing building
is not statutory or locally listed and, none of the adjoining building are statutory
Listed either. However, the façade to the nearby building to the north, 446 to 450
Brixton Road (Marks and Spencer’s), is Locally Listed. The Site is also located
within an Archaeological Priority Area, which runs in a north-south direction
following Brixton Road.
Page 147

2 PROPOSAL
2.1 Development Overview
The proposed development (‘the Development’) would retain the existing front
and side façade and pitched roof above 452-456 Brixton Road and retain the
existing front and side facade of 11 Dorrell Place. It would involve the demolition
of the central part of the Site (1-9 Dorrell Place only) and the extension of the
existing basement level and excavation of a new sub-basement level, which
would house plant equipment for the proposed hotel. The redevelopment of the
site seeks to erect a 5 storey building with a screened plant room at sixth floor
level, which would be set back from the external elevations of the building.
The existing ‘lean to’ extension’ between 11 Dorrell Place and the railway
viaduct would be demolished and replaced by a two-storey extension.
The floorspace within 452-456 Brixton Road (Superdrug) and 11 Dorrell Place
(SW9 Bar) would be reduced in order to accommodate the proposed hotel
rooms at first floor level. There would be a loss of approx. 9sqm at basement
level of the public house part of which would be incorporated into the hotel as
a gas meter room and riser (service duct). . It should be noted the kitchen flue
of the public house would also be re-directed up through this riser duct and
terminate at roof level. The retained retail unit would utilise two railway arches
and a third railway arch would be used for ancillary hotel purposes.
2.2 Layout
Hotel
The proposed hotel would be split over 8 levels within the building, with
proposed hotel rooms being located over 5 floors at basement, first, second,
third and fourth floors only as shown in the table below. Two elevators would
be centrally positioned for the proposed hotel, allowing vertical access for all
users from the first basement up to the fourth floor, and therefore all bedrooms
can be accessed without using stairs.
Level Number of Rooms
Sub-Basement N/A (plant equipment only)
Basement 8
Ground N/A (hotel reception only)
First 29
Second 28
Third 16
Fourth 15
Total 96
Page 148

The hotel would include a number of ancillary ‘back-of-house’ facilities within


the basement levels. The proposed new sub-basement level (basement level
2) would be located underneath 1-9 Dorrell Place. This sub-basement would
house plant rooms, boilers, water storage tanks and an area designated for a
connection to a future District Heat Network, should one become available. It
should be noted that the new sub-basement level would not extend to the same
footprint as the existing basement level, which is proposed to be extended. The
existing basement level (basement level 1) would extend slightly underneath
the SW9 public house, providing for 270sqm of 8x hotel rooms, staff room, staff
shower facilities, management office and a meter room. The retail unit at 452-
456 Brixton Road would have continued use of part of the existing basement
level, with a reduced floorspace, measuring 310sqm, and would have its own
dedicated goods and servicing elevator. Figures 2.1 and 2.2 below show the
proposed layout of the new and the extended basement levels, respectively.

Figure 2.1: The sub-basement level 2 layout

Figure 2.2: Basement level 1 layout


Page 149

The ground floor level across the front of the site, facing onto Brixton Road,
would be retained as retail floorspace (A1 Use Class) occupying both 452-456
Brixton Road and 1-9 Dorrell Place, and this retail offer would also utilise two
adjoining railway arches. The entrance and reception to the hotel would be
located at ground floor level within the 1-9 Dorrell Place frontage. The hotel
would extend into the third railway arch, which will be used for ancillary hotel
purposes. Whilst the overall public house floor space would be reduced by
approx. 9sqm at basement level and the loss of ancillary floorspace at first floor
level to be converted to hotel rooms, it would retain an area at basement level
to be used as cellarage with universally accessible toilet and baby changing
facilities located at ground floor level. The existing cross-over in Nursery Road
would be removed and a door entrance leading to a shared service hallway
would be formed within the proposed new extension fronting Nursery Road,
between the public house and the railway viaduct. This service hall would be
used to access shared refuse and ancillary facilities within a designated refuse
store room in one of the railway arches.

Figure 2.3: Proposed Ground floor layout


At first floor level, the hotel would extend into the floorspace at 452-456 Brixton
Road above the retail unit and into the first floor of 11 Dorrell Place, above the
public house. A total of 29 rooms are to be located at first floor level, with two
linen rooms and external access stairs for fire escape via a walkway over a flat
roof on the southern elevation of the building, adjacent to the railway viaduct.

Figure 2.4: First floor layout


Page 150

The proposed second floor of the hotel would also extend into the existing
second floor of 452 -456 Brixton Road, which is currently ancillary retail office
space. Unlike at first floor level below, the hotel would not extend over 11 Dorrell
Place, which terminates in a flat roof at this level. A total of 28 rooms are
proposed at second floor level, with two linen rooms, and external access stairs
for fire escape located on the southern elevation of the building.

Figure 2.5: Second floor layout


The proposed third and fourth floors of the hotel would be restricted to the new
build element of the Site. . They would both be laid out in the same manner in
terms of room orientation and standard of accommodation.

Figure 2.6: Proposed Third floor layout

Figure 2.7: Proposed Fourth floor layout


Page 151

At roof level, a plant enclosure, set back from the building’s edge is proposed.
Following case officer advice, approximately 2 metres of the plant enclosure on
the eastern side of the roof has been removed so that plant enclosure is not be
visible from Brixton Road. The set-back would ensure that ancillary external
plants and mechanical equipment are not visible in views at the street level.

Figure 2.8: Proposed Fifth floor / Roof level


Public House
As originally submitted, the existing public house (SW9 Bar) would have been
lost and replaced by a public house/café ancillary to the hotel. However, the
application was amended to retain an independent public house use within the
scheme. CAMRA have reviewed the revised plans and have objected to the
loss of cellarage within the existing pub at basement and loss of ancillary pub
space (kitchen and toilets) at first floor level. A revised plan has been received
since this objection, which has reduced the area of basement floorspace lost
from 25sqm to just 9sqm. Officers therefore consider that the proposed scheme
would re-provide and retain an independent public house on the site in
accordance with planning policy requirements. Although there would be an
overall loss of floorspace, the new pub would have a much improved layout
over the existing pub accommodation and would have cellarage at basement
level.
2.2.8.1 The submitted plans show that the pub would be reconfigured from the
existing layout, where by it is spread over three storeys (the basement,
ground and first floors) to being at basement and ground floor levels. Whilst
there would be an overall loss of 44sqm of floorspace, it is noted that the
combined public house and customer area (trading area) would only reduce
from approx. 67sqm to 58sqm. This is a very small reduction in functional
floorspace and would allow the unit to operate in a similar manner as it does
now without having a detrimental impact on its viability. In addition the new
layout would include the provision of universally accessible toilet and baby
changing facilities at ground floor level, which would provide improved
accessibility for wheelchair users and persons with mobility difficulties. In the
existing pub, toilets are located at first floor level accessed via a staircase. A
condition to secure further details of this layout to ensure that it is functional
and convenient to use, is recommended.
Page 152

Ground Floor

Basement Floor

Figure 2.9: Proposed public house layout


Page 153

2.3 Elevations
The Development’s bulk and mass would make 1-9 Dorrell Place (the new 5
storey building) the dominant building within the immediate area. It would
project a full two storeys above the existing parapet height of 452-456 Brixton
Road, and three storeys above11 Dorrell Place, as shown in the drawings
below.

Figure 2.10: Proposed Brixton Road Elevation (east-facing).

Figure 2.11: Proposed Dorrell Place Elevation (north-facing).


Page 154

Figure 2.12: Proposed Nursery Road Elevation (west-facing).

Figure 2.13: Proposed Side Elevation facing the railway viaduct (south-
facing).

3 RELEVANT PLANNING HISTORY


3.1 Planning Applications
15/04912/LDCE - PERMITTED - Decision date: 23.10.2015
Application for a Certificate of Lawful Development (Existing) with respect to
the continued use as a Retail unit (Use Class A1).
08/03822/FUL - REFUSED - Decision date: 24.12.2008
Page 155

Part change of use of mixed use building Financial and professional services
and Offices (Use Classes A2 and B1) with retention of the Financial and
professional Services and Offices (Use Classes A2 and B1) at ground and first
floor levels with residential above providing 4 self-contained flats involving the
erection of a first and second floor rear extension and a roof extension involving
the erection of 2 front dormers fronting onto Brixton Road to provide a third floor
level.
Reasons for refusal:
1. The proposed development, by reason of the individual room sizes and
overall flat sizes for units 3.1, 3.2 and 3.3 would be undersized, providing
substandard level of accommodation, detrimental to the well-being of future
occupiers of these units. As such contrary to policy 15 of the Adopted
Unitary Development Plan and the Supplementary Planning Guidance for
Housing Development and House Conversions.
2. The proposed development by reason of the creation of roof terraces at third
floor level would overlook the outdoor amenity space for the proposed
second floor unit, detrimental to the enjoyment of this space by future
occupiers of this unit. Furthermore this would give rise to the invasion of
privacy. In this instance the proposed scheme would be detrimental to
policies 33 and 36 of the Adopted Unitary Development Plan.
04/02234/FUL - REFUSED - Decision date: 18.11.2004
Change of use upper floors from ancillary retail/office floorspace to provide 5
self-contained flats and 2 live/work units, together with the erection of partial
additional storey, and associated alterations.
Reasons for refusal:
1. Having regard to the location of the site adjoining Brixton Road and a major
rail line which create substantial levels of noise and vibration, the proposed
use of the site for residential is incompatible with existing activities to the
extent that the amenities of future occupiers would be harmed. The
proposal is therefore contrary to policy H10 (Standard 9) of the Council's
adopted Unitary Development Plan and National Planning Guidance in
Planning Policy Note 24: Planning and Noise.
2. The proposal would, by reason of its bulk, scale, design, and location, fail to
relate to the height of existing development and would be an over-dominant
feature on Dorrell Place, and thus result in a loss of visual amenity, and a
failure to preserve or enhance the character and appearance of this part of
the conservation area, contrary to policies CD2, CD18, H10 and ST8 of the
Council's adopted Unitary Development Plan and policies 31, 32 and 42 of
the deposit draft Unitary Development Plan.
3. The proposal fails to demonstrate that the existing commercial use of the
upper floors of the building are redundant and cannot be used for an
employment use and as such the loss of the employment use would lead to
a dominance of residential uses in the area with increased commuting out
of the area. The proposal is therefore contrary to policy EMP6 of the
Council's adopted Unitary Development Plan and policy 23 of the deposit
draft Unitary Development Plan.
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02/02981/FUL - REFUSED - Decision date: 22.04.2003


Conversion of the upper floors to 12 self-contained flats including the erection
of 2 additional storey to the rear, along with associated alterations.
Reasons for refusal:
1. Having regard to the location of the site adjoining Brixton Road and a major
rail line which create substantial levels of noise and vibration, the proposed
use of the site for residential is incompatible with existing activities to the
extent that the amenities of future occupiers would be harmed. The
proposal is therefore contrary to policy H10 (Standard 9) of the Council's
adopted Unitary Development Plan and National Planning Guidance in
Planning Policy Note 24: Planning and Noise.
2. The proposal would, by reason of its bulk, scale, design, and location, fail to
relate to the height of existing development and would be an over-dominant
feature on Dorrell Place, and thus result in a loss of visual amenity, and a
failure to preserve or enhance the character and appearance of this part of
the conservation area, contrary to policies CD2, CD18, H10 and ST8 of the
Council's adopted Unitary Development Plan and policies 31, 32 and 42 of
the deposit draft Unitary Development Plan.
3. The proposal fails to demonstrate that the existing commercial use of the
upper floors of the building are redundant and cannot be used for an
employment use and as such the loss of the employment use would lead to
a dominance of residential uses in the area with increased commuting out
of the area. The proposal is therefore contrary to policy EMP6 of the
Council's adopted Unitary Development Plan and policy 23 of the deposit
draft Unitary Development Plan.
99/02428/LDCP - PERMITTED - Decision date: 06.01.2000
Formation of pharmacy within Class A1 retail shop.
92/02123/PLANAP - PERMITTED - Decision date: 19.08.1992
Installation of an internally illuminated fascia sign.
92/02122/PLANAP - PERMITTED - Decision date: 02.07.1992
Demolition to facilitate the installation of a new shop front.
92/02121/PLANAP - PERMITTED - Decision date: 02.07.1992
Installation of a new shopfront.
86/01617/PLANAP - PERMITTED - Decision date: 12.09.1986
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4 CONSULATIONS
4.1 Statutory and external Consultees
Historic England (Design): No comment to make. This application should be
determined in accordance with national and local policy guidance, and on the
basis of the Local Planning Authority’s specialist conservation advice.
Historic England GLAAS (Archaeology): The proposal is unlikely to have a
significant effect on heritage assets of archaeological interest. No further
assessment or conditions are therefore necessary.
Network Rail: No objection.
London Ecology Unit: No response
Metropolitan Police – Designing Out Crime
No objection, subject to a ‘Secured by Design’ condition attached to any
permission that may be granted.
Transport for London (TfL): Objection to coach drop off/pick up on the Red
Route.
4.1.8 CAMRA: Objection to the planning application that relates to the SW9 Bar, 11
Dorrell Place. This bar is a very popular and much loved establishment.
Although this application allows for a replacement bar on the ground floor it
does remove both the First Floor (where the current kitchen and toilets are
situated), and the ancillary storage in the basement from pub use. But
perhaps more importantly pubs aren't really like most other businesses. Many
people associate very closely with them, and some effectively treat them as
their homes. The new bar and restaurant will be nothing like the SW9 Bar,
and I'm sure that most current patrons of the SW9 Bar will not regard a
soulless hotel bar and restaurant as an adequate replacement for their much
loved, friendly and welcoming pub.
4.1.9 Officer response: Officers consider that the proposed scheme would still re-
provide and retain an independent and viable public house on the site in
accordance with planning policy requirements. Although there would be an
overall loss of floorspace, the new pub would have a much improved layout
over the existing pub accommodation and would have cellarage/storage at
basement level.

4.2 Internal Consultees


Conservation and Design
No objection to the development, subject to imposition of conditions requiring
the submission of detailed drawings and material samples to be approved by
the LPA prior to commencement.
Environmental Health
Noise: No objection subject to conditions.
Page 158

Regeneration Team Brixton

Comments Case Officer Response


We support redevelopment of the site with a scheme Noted, see section 6.1
that makes more efficient use of 1-9 Dorrell Place. (Principle and Land Use) for
The potential to improve the quality of the existing further assessment.
retail accommodation whilst introducing new hotel
accommodation would help to deliver principal town
centre regeneration objectives (see Policies PN3 and
ED12);
We support the reinstatement of an active retail Noted, see sections 6.1
(Principle and Land Use)
frontage on the return to, and along, Dorrell Place;
and 6.2 (Conservation and
Design) for further
assessment.
We question whether the two upper floors of 452-456 Noted, see section 6.1
Brixton Road are better used as refurbished retail or (Principle and Land Use) for
office space in order to create a balance of uses consideration of retail space
across the site (see Policies ED2 and ED6(a)(iv)); proposed.
The hotel bedrooms located in the basement would Noted, see section 6.3
be offer very poor accommodation (see Policy (Standard of Visitor
ED12(c)); Accommodation) for officers
consideration of rooms
located in the basement.
We question the loss of the popular public Noted: revised plans to the
house/café/restaurant 11 Dorrell Place given the original plans, which
objectives of Policies ED6(a)(vi) and ED12(a)(ii). incorporated the existing pub
Whilst retaining the building is welcome, as it helps into the hotel as an ancillary
the transition between the town centre and its facility have been received. It
residential hinterland and signals an important would now remain as a
pedestrian route into the town centre, an opportunity separate use and
exists to retain the use rather than fold it into the hotel. establishment. See section
Whilst the hotel would be required to have breakfast 6.1 (Principle and Land Use)
facilities, the need for a hotel restaurant at ground for further consideration.
floor is debatable given the wide range and choice of
cafes and restaurants already located within the town
centre. The existing use (as it does now) would be
achieve a more active frontage;
Transport and Highways
No objections to this application from transport planning perspective subject to
the following planning obligations and conditions:
- Planning Obligations: Section 106 agreement for car permit development
which would restrict future occupiers from obtaining parking permits within
the CPZ – for business permits. Furthermore, a financial contribution for a
TfL cycle hire scheme within Brixton Town Centre.
Page 159

- Condition: Prior to occupation of the development, further details in regards


to the 10 cycle parking spaces and their storage units are submitted to and
approved by the local authority, and thereby retained for the lifetime of the
development.
- Condition: The approved Servicing and Deliveries Management Plan for all
proposed uses shall be operated in accordance with the approved details.
- Condition: Prior to commencement of the development, a final Construction
Method Statement is submitted to and approved by the local authority.
Waste Management Services (Veolia)
Refuse and recycling proposal acceptable. There are loading bays either side
of the proposed development with dropped kerbs and there are currently no
access/egress issues experienced via contractors from this area.
4.3 Adjoining Neighbours and Public Consultation
In accordance with the requirements of Lambeth Council's Statement of
Community Involvement; The Town and Country Planning (Development
Management Procedure) Order 2015; and The Planning (Listed Buildings and
Conservation Areas) Act 1990, seventy-four (74) letters were sent to occupiers
of neighbouring properties. In addition, site notices were displayed around the
site and an advert was published in the local press (dated 09.11.2016). On 16th
May 2017 a further 14 day consultation was carried out following amendments
submitted to retain an independent public house use on the site.
In response to the consultation, 17 representations have been received.
Sixteen formed objections to the proposal, whilst (1) supported the application.
A summary of the concerns raised within the representations received are set
out within the table below:

Summary of Objections Case Officer Response


Principle
Establishments such as SW9 public house make The application, following
Brixton what it is that so many people love about the discussions with officers is
area, and urge the council to re-consider the seeking to retain the
benefits of allowing another soulless hotel to replace provision of an independent
such an institution, which would undoubtedly lead to drinking
the ultimate demise of Brixton and Lambeth. establishment/public house.
A loss of 51sqm is now
proposed, with the public
house remaining as a
separate unit as opposed to
the original scheme, which
sought to, incorporate the
pub as ancillary facility to
the hotel. See section 6.1
for further assessment.
The suggested number of rooms is far too high and Noted, addressed within the
suggestive of a soulless large cheap hotel company report.
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acquiring the operatorship. This is not in keeping


with the area's unique character.
Layout
Servicing should be located towards the back of the Servicing for Superdrug is
building, not on the Dorrell Place elevation. currently from a loading bay
on Nursery Road and is
transferred by roll cage
trolleys to Superdrug’s
goods entrance on Dorrell
Place, where there is a
goods lift to the basement
storage area. Furthermore,
the UKPN substation also
required access from Dorrell
Place, and is not proposed
to be relocated. The
servicing for the hotel would
be from a loading bay of
Nursery Road. See
paras.6.6.23 – 6.6.25 for
further assessment.
Design
The proposed ground level streetscape of the new Noted, see section 6.2
build is dull and disappointing. This is a unique (Conservation and Design)
opportunity to bring greater life and amenity to for assessment of the
Dorrell Place but the proposed design looks design.
flat/blank, with no cornice and the floor to ceiling
height is much lower than Superdrug and looks
mean/incongruous and not sympathetic to the
existing buildings nor broader conservation area.
It is vital that this opportunity to open up a genuinely
active ground floor frontage on this street is not lost.
Not only is the road front very poorly designed but it Noted, see section 6.2
would be detrimental to the existing passageway (Conservation and Design)
and I believe create a more intimidating area that is for assessment of the
less safe. design and section 6.4
The applicant should look at other good examples (Secured by Design) for
where a genuine public house/restaurant serving the assessment of community
public as well as guests is combined with a modern safety and security.
and discrete reception desk. The design of the
frontage should be totally open and illuminate and
animate the street.
Concerned that 5 floors of brick wall with no set- Noted, see section 6.2
back or distinguishing external features in narrow (Conservation and Design)
alley would be very imposing. A simple but positive for assessment of the
addition to a basic new build in similar brick on design.
Ferndale Road (Post Office) with traditional awnings
proposed.
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The external form is entirely dictated by the internal Noted, see section 6.2
function (see odd fenestration and largely blank (Conservation and Design)
ground floor frontage). for assessment of the
design.
It's not characteristic of Brixton's historic architecture Noted, see section 6.2
and looks to be another ugly addition like the (Conservation and Design)
Premier Inn. for assessment of the
design.
Amenity
Residents in Nursery Road already suffer from Noted, see section paras.
enough noise from deliveries to the rear of Marks & 6.6.23 – 6.6.25 for further
Spencer’s, Costa Coffee and Superdrug. assessment on delivery and
servicing.
Standard of Visitor Accommodation
Whilst described as a boutique hotel many of the Noted, see section 6.3
hotel rooms are very small and have no windows. regarding standard of visitor
Paragraph 6.38 in the applicant's Planning & accommodation.
Heritage Statement mentions a target market that is
satisfied with basic amenities and the design looks
more akin to a budget hotel. I have no objection to a
budget hotel particularly given the Brixton Academy
being so close and the need for cheap
accommodation but small rooms with no windows
seems extreme.
Transport & Highways
Increase in the amount of Traffic to Nursery Road Noted, see section 6.6
due to existing and proposed servicing and (Transport and Servicing)
deliveries. for further assessment.
Increase in the demand for parking in the Noted, see section 6.6
surrounding locality. (Transport and Servicing)
for further assessment.
There are many children and school groups using Noted, see section 6.6
the Ferndale Community Centre facilities and surely (Transport and Servicing)
this ongoing and disruptive development needs to for further assessment.
put the safety of these children and members of the
public first in such a built up area.
Policy
The principle of hotel use is supported in this The proposed land use of
location, as set out in Policies ED12 and PN3 of the the existing and proposed
Lambeth Local Plan 2015, and the Brixton SPD development is outlined in
2013. section 6.1 of this report.
The conversion or change of use of the storage and Whilst Policy ED6 of the
yard facilities of existing retail would be not be Local Plan resists the loss
supported where this would compromise the viability retail floorspace in the
or future use of the remaining retail unit. Paragraph primary shopping area
6.30 states that evidence of active and appropriate Policy PN3 specifically
marketing over a continuous period of at least one supports the potential for
year would be required to support any claim that hotel accommodation to
there is no demand for such retail space. If they make use of vacant or
have not already done so, the applicant would be underused floorspace above
Page 162

need to provide justification for the loss of any shops. Given this policy
ancillary retail space, demonstrating that there (Local Plan Policy PN3 and
would be no negative impact on the viability of the ED11, and London Plan
remaining A1 unit. There would also be need to Policy 4.5) support for hotel
demonstrate through marketing evidence that there accommodation to utilise
is no demand for the entire retail unit, including the vacant floorspace above
ancillary floorspace. We are very concerned about shops, the fact that the
the loss of this large retail unit in the primary existing first floor retail
shopping area of a major centre. A significant accommodation has been
reduction in the retail floorspace is being proposed, vacant for 40 years and
reducing the A1 unit by more than half. Although the given that the retained retail
retained A1 unit would be still be relatively large, this unit at ground floor and
location can and does support much bigger units basement level would
and we are reluctant to see a single unit as large as continue to provide a large
this being lost without full justification. viable retail unit, officers
consider the loss of retail
floorspace in this case
acceptable. The
reconfigured retail unit
would be viable as
evidenced by the fact
Superdrug have been there
for many years and the
applicant has confirmed that
they have extended their
lease. Policy PN3
specifically promotes the
potential for hotel
accommodation to make
use of vacant space above
shops. In the particular
circumstances of this case
Officers have concluded that
an exception to the
requirement of a marketing
exercise is justified.
The A4 premises at 11 Dorrell Place are defined as Noted; this planning
a pub, and therefore Policy ED8 of the Lambeth application was submitted to
Local Plan applies. The loss of this establishment is the local planning authority
not acceptable in policy terms and would need to be for consideration in October
fully justified through the tests set out within the 2016 and at the time
policy. The subdivision of the retail unit and loss of proposed the loss of the
ancillary A1 floorspace and would need to be existing public house (Class
justified through marketing evidence. In principle, A4) use and its replacement
hotel use is supported in this location, provided it with an ancillary hotel public
meets acceptable standards of accessibility and house as part of the
design, and provided that the loss of A1 floorspace redevelopment proposal.
and the A4 units can be fully justified, as set out in Upon review of the
policies ED6 and ED8. application submission
Planning Officers advised
Page 163

the applicant that the loss of


a public house use would
not be supported due to an
identified planning policy
conflict. The proposal was
amended to include the
retention of a public house
on-site as an independent
unit physically separated
from the proposed hotel. A
re-consultation was then
carried out by the local
planning authority as
detailed at paragraph 4.3.1
above.
Other Matters
At the very least the owner of SW9 should be given This is not a material
compensation which factors in the loss of potential planning consideration.
earnings which would have accrued through a new Issues of tenancy/lease
hotel being built next door. As a very minimum the arrangements and/or
owner of SW9 should be guaranteed full support in compensation payments
establishing like for like premises as close as between the existing tenant
possible to Brixton centre to retain the local status of the public house and the
and preserve us from a high st dominated only by property freeholder are a
huge organisations - I urge Lambeth council to put civil matter and are not
people first and create an alternative solution that material to the consideration
both developers and current leaseholders agree on - of the planning application.
that is at the heart of democracy.

4.3.4 A summary of the supporting comments are set out within the below table:
Summary of Supports Response
I support this addition but I agree that more should Noted: the design merits of
be done to improve the Dorrell Place streetscape, the scheme including
which this application doesn't appear to be doing improvements to the Dorrell
Place frontage are set out in
section 6.2.12 of this report.
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5 POLICIES
5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires
planning decisions to be made in accordance with the development plan unless
material considerations indicate otherwise.
5.2 Central Government guidance is contained in the National Planning Policy
Framework (NPPF), which was published on the 27th March 2012. The NPPF
sets out the Government's planning policies for England and how these are
expected to be applied. It reinforces the Development Plan led system and does
not change the statutory status of the development plan as the starting point for
decision making. Of significance, it sets out that in assessing and determining
development proposals, Local Planning Authorities should apply the
presumption in favour of sustainable development.
5.3 The development plan within the London Borough of Lambeth is the Lambeth
Local Plan (2015) and the London Plan (2016).
5.4 The current planning application has been considered against all relevant
national, regional and local planning policies as well as any relevant guidance.
Set out below are those policies most relevant to the application, however,
consideration is made against the development plan as a whole.
5.5 The London Plan (2016)
Policy 2.9: Inner London
Policy 2.15: Town centres
Policy 4.1: Developing London’s economy
Policy 4.5: London’s visitor infrastructure
Policy 4.7: Retail and town centre development
Policy 4.8: Supporting a successful and diverse retail sector and related
facilities and services
Policy 5.1: Climate change mitigation
Policy 5.2: Minimising carbon dioxide emissions
Policy 5.3: Sustainable design and construction
Policy 5.5: Decentralised energy networks
Policy 5.6: Decentralised energy in development proposals
Policy 5.7: Renewable energy
Policy 5.9: Overheating and cooling
Policy 5.10: Urban greening
Policy 5.11: Green roofs and development site environs
Policy 5.12: Flood risk management
Policy 5.13: Sustainable drainage
Policy 5.15: Water use and supplies
Policy 5.18: Construction, excavation and demolition waste
Policy 6.5: Funding Crossrail and other strategically important transport
infrastructure
Policy 6.9: Cycling
Policy 6.10: Walking
Policy 6.13: Parking
Policy 7.1: Lifetime neighbourhoods
Policy 7.2: An inclusive environment
Policy 7.3: Designing out crime
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Policy 7.4: Local character


Policy 7.5: Public realm
Policy 7.6: Architecture
Policy 7.7: Location and design of tall and large buildings
Policy 7.8: Heritage assets and archaeology
Policy 7.13: Safety, security and resilience to emergency
Policy 7.14: Improving air quality
Policy 7.15: Reducing and managing noise, improving and enhancing the
acoustic and promoting appropriate soundscapes
Policy 8.2: Planning obligations
Policy 8.3: Community infrastructure levy
5.6 Lambeth Local Plan (2015)
Policy D1: Delivery and Monitoring
Policy D2: Presumption in favour of sustainable development
Policy D3: Infrastructure
Policy D4: Planning Obligations
Policy ED6: Town centres
Policy ED7: Evening economy and food and drink uses
Policy ED8: Public houses
Policy ED12: Hotels and other visitor attractions
Policy ED14: Employment and training
Policy T1: Sustainable travel
Policy T2: Walking
Policy T3: Cycling
Policy T4: Public transport infrastructure
Policy T6: Assessing impacts of development on public transport capacity
Policy T7: Parking
Policy T8: Servicing
Policy EN4: Sustainable Design and Construction
Policy EN5: Flood risk
Policy EN6: Sustainable Drainage Systems and Water Management
Policy Q1: Inclusive Environments
Policy Q2: Amenity
Policy Q3: Community safety
Policy Q5: Local Distinctiveness
Policy Q6: Urban Design: Public Realm
Policy Q7: Urban Design: New Development
Policy Q8: Design Quality: Construction Detailing
Policy Q9: Landscaping
Policy Q11: Building alterations and extensions
Policy Q12: Refuse/Recycling Storage
Policy Q13: Cycle Storage
Policy Q15: Boundary treatments
Policy Q18: Historic environment strategy
Policy Q20: Statutory listed buildings
Policy Q22: Conservation Areas
Policy Q26: Tall and large buildings
Policy PN3: Brixton
5.7 Supplementary Planning Documents and Other Guidance
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Greater London Authority and the Mayor’s Supplementary Planning Guidance:


Accessible London: Achieving and Inclusive Environment SPG (2014)
Character and Context SPG (2014)
Sustainable Design and Construction SPG (April 2014)
The Control of Dust & Emissions during Construction & Demolition SPG (2014)
Town Centres SPG (2014)
Use of Planning Obligations in the Funding of Crossrail, and the Mayoral
Community Infrastructure Levy SPG (2013)

Lambeth Supplementary Planning Documents:


Draft Section 106 Guidance (SPD) (2013)
Refuse & Recycling Storage Design Guide (2013)
Local Views Study (2014)
Tall Building Study (2014)
Parking Survey Guidance
Air Quality Planning Guidance Note (2016)
Brixton Conservation Area Statement (2012)
Brixton SPD 2013
Waste and Recycling storage and collection requirements – Technical
specification for Architects and Developers (October 2013)
Approved CIL Charging Schedule (1st October 2014)
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6 PLANNING CONSIDERATIONS AND ASSESSMENT


6.1 Principle and Land Use
The proposed scheme seeks to retain retail (Use Class A1) at basement and
ground floor levels of 452-456 Brixton Road and would retain an independent
public house (Use Class A4) at basement and ground floor levels of 11 Dorrell
Place. The proposal would introduce a new five storey hotel (Use Class C1) at
1 – 9 Dorrell Place, which would extend across the upper floors of 452-456
Brixton Road to occupy the vacant retail floor space on the two floors and also
extend across the first floor of the public house at 11 Dorrell Place, which is
currently used as customer toilets and pub kitchen.
Brixton is defined within London Plan Policy 2.15 (Table A2.1) as a Major Town
Centre (Reference: 35); it contains over 50,000sqm of retail, leisure and service
floorspace, with significant employment, service and leisure functions. Brixton
Town Centre is also categorised as a Regional ‘Night Time Economy’ where
medium growth is expected due to moderate levels of demand for retail, leisure
or office floorspace and where there is sufficient physical public transport
capacity to deal with such growth.
The Site is located within Brixton Town Centre as defined with the Lambeth
Local Plan (‘the LLP’) (2015), which is also designated as a Primary Shopping
Area.
Reduction in Retail (A1 Use Class)
London Plan Policy 4.7 states that the scale of retail, commercial, culture and
leisure development should relate to the size, role and function of a town centre
and its catchment. Areas in and around Town Centres would be most
appropriate for higher density development in line with local plan policies.
Local Plan Policy ED6 supports the vitality and viability of Lambeth’s Town
Centres by seeking an appropriate balance between maintaining the
predominant retail function of primary shopping areas, improving existing retail
facilities and delivering the regeneration of Lambeth’s Town Centres. It is
outlined within part (c) of Policy ED6 that development in Town Centres would
be supported if (i) they are of a scale and form appropriate to the size, role and
function of the centre; (ii) it is designed to integrate with and add to the physical
attractiveness of the area within which it is located; and (iii) the mix of uses is
in line with Policy ED7 (evening economy and food and drink uses), Policy ED9
(A2 uses) and Policy ED10 (Local Centres), with active frontages uses are
provided at ground floor level.
Policy ED6 goes on to state in part (f) that the subdivision of larger units of over
250sqm gross floor area within a primary shopping area would be not be
supported without marketing evidence demonstrating that there is a lack of
demand for larger units. It further states that the conversion or change of use
of ancillary storage and yard facilities of existing retail units would be not be
supported where they would compromise the viability or future use of the
remaining retail unit. Supporting text at paragraph 6.30 of Policy ED6 states
that evidence of active and appropriate marketing over a continuous period of
at least one year will be required to support any claim that there is no demand
for such retail space.
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The proposal seeks to change the use of the upper floors of the retail unit at
452-456 and part of the basement level.
The Council’s Policy team have expressed concern over the loss of this large
retail unit in the primary shopping area of a major centre and have requested
that at least one year’s marketing evidence be provided to support any claim
that there is no demand for such a large retail space. The scheme proposes a
significant reduction in the retail floorspace - resulting in the loss of more than
half of trading and ancillary retail floorspace. Although the retained A1 unit
would still be relatively large, this location can and does support much bigger
units and the Policy team are reluctant to see a single unit as large as this being
lost without full justification.
However, officers consider that whilst the proposal would result the loss of
1,046 sqm of retail space on the upper floors, the scheme would retain a viable
retail unit at basement and ground floor. It would allow for the continued use of
the ground floor and basement for retail purposes, with an active frontage
retained at ground floor level on Brixton Road and a new active frontage created
on Dorrell Place. In support of the proposal it is stated that the upper floors of
the building have been vacant for 40 years with trading taking place during the
time at ground floor level only. It is officers’ consideration that the reconfigured
retail unit would remain a viable entity as evidenced by the fact ‘Superdrug’, the
existing leaseholder, who have occupied the unit since the 1970s, have
renewed their lease to continue trading from the unit.
Moreover, Policies ED12 and Policy PN3 of the Local Plan and the Brixton
SPD (2013) specifically promote schemes proposing new hotel accommodation
in Brixton Town Centre including the use of vacant space above shops for this
and other purposes appropriate to town centre locations. It is regrettable that
marketing evidence for a period of at least one year as required by local
development plan policy has not been submitted in support of this proposal.
However, given the identified above policy support for a hotel in locations such
as this and given that the upper floors have been vacant for over 40 years,
officers have concluded that an exception to the marketing exercise is justified
in this instance. Therefore, although the proposed scheme would not comply
with Policy ED6(f), officers raise no objection to the loss of the upper floor retail
space in this case as it has been long term vacant and its loss would not affect
the viability of the retained retail at ground and basement levels of the retail
unit.
Reconfigured Public house (A4 Use Class)
Local Plan Policy ED7 supports evening economy related activities in town
centres whilst ensuring that any adverse impacts on local amenity is minimised.
It provides that “evening and food and drink” uses should be primarily located
in town centres and Central Activities Zone frontage. Such uses should lead to
improvements on community safety whilst ensuring that the use of outdoor
areas such as pavements does not cause obstruction to pedestrians.
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Local Plan Policy ED8 has a presumption against the loss of public houses
(Use Class A4) and states that support for the redevelopment of A4 uses would
only be given if: the public house can be proven not to be viable with marketing
evidence; the proposal would not result in the loss of a service or facility of
particular value to the local community (asset of community value); or the
proposed alternative use would not detrimentally affect the vitality of the area
and character of the streetscene. Furthermore, proposals affecting public
houses should not result in a loss of cellarage or other features, which might
render the public house use unviable.
Policy ED8 is justified by the evidence base document R14: ‘Public Houses in
Lambeth 2013’. The document uses CAMRA’s definition of ‘pub’ (paragraph
5.5) which would include the premises at 11 Dorrell Place (SW9 Public house).
This establishment is listed in Appendix 1 of the document – ‘Known Existing
and Lost Public Houses in Lambeth’. The document expresses concern over
the loss of ‘traditional pubs’, as distinct from public houses (paragraph 5.5) but
as SW9 Public house is included in the evidence that underpins the policy, it is
clear that this particular establishment would come under the protection of
Policy ED8.
Officers consider that the scheme as amended would be acceptable when
assessed against Policy ED8 as it would preserve an independent A4 use on
the site with cellarage at basement level. In particular, the external appearance
of the building would be retained as would a similar total customer and public
house ‘trading’ area. The relocation of the toilets at basement level and the
addition of a universally accessible toilet, baby changing facility and relocation
of the pub kitchen - all at ground floor, are seen as beneficial to the operational
use of the pub. The reconfigured pub would have an improved layout over the
existing pub layout and, cellarage would be re-provided at basement level.
Therefore it is not considered that the loss of the first floor to the hotel
accommodation and the internal reconfiguration of the unit would lead to the
loss of “a service or facility of particular value to the local community” nor would
the proposal detrimentally affect the vitality of the area or detract from the
character of the area. Whilst the total area of the existing unit would reduce by
44sqm the reconfigured A4 use would continue to operate and remain viable
with a similarly sized customer/public house trading area and adequate back of
house facilities.
Furthermore, it is noted that Policy ED8(c) seeks to retain any characteristic
pub features if the public house is considered to be of townscape value or a
heritage asset. It is noted that the public house is not an asset of community
value and is not a listed building. However, it is located within a conservation
area. As stated above the proposed building housing the pub would be retained
and the proposed side extension to it is considered acceptable in design terms.
This is discussed further within the design section below.
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Introduction of Visitor Accommodation (C1 Use Class)


London Plan Policy 4.5 states that there is a requirement to provide 40,000 net
additional hotel bedrooms in Greater London by 2036, of which at least 10 per
cent should be wheelchair accessible. The policy also states that there is a
preference for new visitor accommodation to be located either within the CAZ
or a town centre where there is good public transport access to central London.
This requirement is reinforced by Local Plan Policy ED12, which states that
visitor accommodation would be supported in Brixton Town Centre in principle
subject to Policy ED12 parts (a) to (c).
Local Plan Policy PN3 relates to Brixton as a development opportunity site area.
Policy PN3 supports the principle of hotel use and making use of vacant and
under-used floorspace above shops. It states that “The use of development
opportunity sites to support a wide range and mix of compatible and sustainable
town-centre uses. This would be include: active ground-floor frontages;
safeguarding the primary shopping areas; extending the range and quality of
shopping floorspace; enhancing the town centre’s popularity for leisure,
entertainment and nightlife including support for provision of theatre and other
entertainment venues and potential for hotel accommodation; making use of
vacant and under-used floorspace above shops.”
In addition, the Brixton SPD (2013) supports the principle of hotel use; section
3.7 (Land Use Strategy) states that hotels would be an appropriate use on the
upper floors of Brixton Road. It goes on to state that appropriate hotel
development should be considered as a way of enhancing Brixton’s evening
and night time economies.
In August 2013, the GLA published Working Paper 58: ‘Understanding the
demand for and supply of visitor accommodation in London to 2036’, which
revised the potential additional rooms required across London from 40,000 to
42,900 by 2036. This paper set out net additional room estimates from 2015 to
2035 that informed the target in the London Plan 2016. This study makes it
clear that the figure for net additional rooms includes all serviced
accommodation - hotels, bed and breakfast establishments, guesthouses and
hostels.
The GLA study breaks the London wide target down to indicative estimates at
borough level. The indicative estimate for Lambeth is 2,000 net additional
serviced rooms between 2015 and 2036 (GLA Working Paper 2013, table S2-
2). This indicative estimate is included as Monitoring Indicator 15 in the
monitoring framework for the adopted LLP. The baseline figure for monitoring
progress in Lambeth against Local Plan Monitoring Indicator 15 is the overall
number of serviced rooms in the borough in March 2015.
The Lambeth Hotels and Other Visitor Accommodation document provides the
most up-to-date data regarding hotel accommodation within the borough. The
figure for completed serviced rooms in May 2013 (as outlined in the 2013 Hotels
and Other Visitor Accommodation in Lambeth document) was 3,856 serviced
rooms (including Hostels). According to the London Development database, the
figure for net increase in serviced rooms across the borough between May 2013
and March 2015 was 578 rooms. Therefore the monitoring baseline figure for
March 2015 is 4,434 serviced rooms.
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The Lambeth Hotels and Other Visitor Accommodation 2016 document (Table
8) states that a total of 1,255 of additional serviced rooms are currently under
construction in the borough. A further additional 462 serviced rooms are
currently unimplemented or have planning permission pending a Section 106
Agreement. Were all of these to be completed, a total of 281 additional serviced
rooms would be required in order to achieve the indicative target of 2,000
additional serviced rooms within Lambeth between 2015 and 2036.
The application proposes the provision of 96 hotel rooms on the Site, which
would not result in the indicative borough wide London Plan target being
exceeded even if all of the unimplemented permissions and pending planning
permissions were to be built out. It is noted that other planning applications
have been submitted since this assessment, which could result in the indicative
target being exceeded. Notwithstanding this eventuality, officers are satisfied
that the proposed hotel accommodation would be a welcome contribution to the
identified need for hotel and other visitor accommodation.
The proposed hotel accommodation in this location meets the criteria of Policy
ED12 in relation to public transport accessibility. It is located in Brixton Town
Centre that has a PTAL rating of 6b, which is categorised as ‘excellent’. This is
largely due to the close proximity of Brixton Underground station and the
National Rail Station and the numerous TfL bus routes in the surrounding area.
Whilst there are other hotels located in the vicinity of the site with the nearest
being the Premier Inn at 457 - 461 Brixton Road, it is considered that the
proposed 96 bedroom hotel would not result in an overconcentration of visitor
accommodation within Brixton Town Centre and as such the proposal is in
compliance with part (a)(ii) of Policy ED12 of the Local Plan.
In conclusion, the provision of a hotel is supported in this location in principle.
The proposed development would retain an independent public house at 11
Dorrell Place and retain retail use with active frontages on 452-456 Brixton
Road and in Dorrell Place. As such, the proposed redevelopment of the site
and the introduction of visitor accommodation (Use Class C1) above existing
retail (Use Class A1) and public house (A4) is considered to accord with
Policies ED6, ED7, ED8, ED12 and PN3 of the Local Plan (2015) and Policies
2.9, 2.15, 4.5 and 4.7 of the London Plan (2016).
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6.2 Conservation and Design


This section of the report considers the conservation (heritage) and design
matters arising from the Development. It is set out under the following sub-
headings:
(a) Scale, massing, layout and appearance;
(b) Legislative and National Policy considerations;
(c) Impact on Heritage assets: Conservation Areas;
(d) Impact on Heritage assets: Impact on Statutory Listed Buildings;
(e) Impact on Heritage assets: Impact on Locally Listed Buildings/Structures
and Archaeological Priority Area;
(f) Impact on Heritage assets: Summary;
(g) Assessment of harm versus benefits;
(h) Public realm improvements and landscaping.
(a) Scale, massing, layout and appearance
Paragraph 60 of the NPPF states that “Planning policies and decisions should
not attempt to impose architectural styles or particular tastes and they should
not stifle innovation, originality or initiative through unsubstantiated
requirements to conform to certain development forms or styles. It is, however,
proper to seek to promote or reinforce local distinctiveness.”
LLP Policy Q5 relates to local distinctiveness and states that development
should provide a positive response to the local context and historical character,
and where proposals deviate from this, it should be demonstrated how the
proposal clearly delivers design excellence and how it would be make a positive
contribution to its local and historic context. It further states that Lambeth’s local
distinctiveness should be sustained and reinforced through new development.
Proposals would be supported if the design of a new development responds to
positive aspects of the local context including urban block and grain; built form
and roofscapes; siting, orientation and layout; materials and; quality and
architectural detailing.
Local Plan Policy Q7 states that new development would be supported if it is of
quality; has a bulk and scale/mass, siting, building line and orientation, which
preserves or enhances the prevailing local character.
The footprint of the existing buildings occupies the curtilage of the application
site in its entirety. The existing building’s footprint, scale and massing is
considered complimentary to surrounding buildings on Brixton Road.
The ‘front’ building of 452-456 Brixton Road is a three storey late Victorian
building with a corner shopfront unit, which would remain mostly untouched and
would retain its characterful pitched roof above. The proposed Development
seeks to erect a 5 storey building, with a sixth storey set-back for a plant
enclosure at 1-9 Dorrell Place, replacing the existing two storey building.
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The proposed new building’s northern elevation, facing Dorrell Place, would be
continuous but would have contrasting brickwork to distinguish the ground floor
from the upper floors. Following discussion with Officers, the plant screen
enclosure to the roof level has been set back 2m from the elevation of the new
building facing Brixton Road such that it would not be visible at street level from
Brixton Road.
The proposed hotel building, at five storeys in height, would be taller than the
frontage building to Brixton Road. In making an assessment of its height, bulk
and massing, officers have taken into account the rich and varied built character
of central Brixton as well as the impact the proposed height, bulk and mass
would have on the character and appearance of the conservation area. Careful
consideration has been taken in the design of this building, ensuring that the
five storey hotel would appear calm and uncomplicated so as not to be visually
discordant or distracting within the historic wider townscape.
The height, bulk, scale and mass, as well as the detailed design of the proposed
new hotel building is considered to be acceptable in design terms. The applicant
has provided illustrations and townscape views of the proposed development
from the surrounding streets and elevated positions, which demonstrate that
the building would remain subordinate in key views especially because it is set
back from the Brixton Road frontage. The proposed scale and massing of the
taller element of the Development would not appear overbearing when viewed
from Brixton Road in which only oblique glimpses of it would be possible and
would not harm the character or appearance of the Brixton Conservation Area.
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Figure 6.2.1: View of the proposed new building from the eastern side of
Brixton Road, near the junction with Atlantic Road.
With regards to detailed design of the hotel building, officers consider it to be of
high quality overall. The proposed brickwork of the new build has been
negotiated with officers, ensuring a contrast in treatment between the ground
floor and upper floors. In order to introduce more life and interest to the
streetscene in Dorrell Place, several design solutions including an increase in
glazing and brick detailing at fascia level are proposed.
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Figure 6.2.2: Views of proposed building from Nursery Road.


The side elevations of the new build element, facing east (Brixton Road) and
west (Nursery Road), would include recessed brickwork features, which would
ensure that the upper floor elevations would not appear blank and monolithic.
The proposed details are shown in the drawings below. It is recommended that
an appropriately worded condition be attached to any consent regarding
construction details to ensure that the fully glazed recessed vertical elements
are of frameless glass construction and that louvered doors on the ground floor
front and side elevations are of steel construction. This would ensure that the
materials used are appropriate and are as robust as possible.
As shown in figure 6.2.2 above, the Nursery Road two storey infill extension
has been designed to match the architecture, height and scale of the retained
two storey pub building, and as such is considered a complimentary side
extension to 11 Dorrell Place. A further single storey infill extension is also
proposed within the space to the south of the Site, between the existing
buildings and the railway viaduct arches. This is acceptable in principle as it
would be constructed in similar materials and of fenestration detailing as the
host building. Further, details of construction detailing and samples of materials
would be secured by condition should permission be granted to ensure that the
extensions acceptably replicate the detailing of the public house.
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Figure 6.2.3: Proposed Brick relief detailing

Figure 6.2.4: Brick detailing to recessed parts of east and west


elevations
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Figure 6.2.5: Proposed ground floor façade and entrance to the Hotel of
Dorrell Place
Page 178

Figure 6.2.6: 3D visuals of the site as Existing and Proposed showing


the massing in context with neighbouring buildings.
Page 179

Figure: 6.2.7 Proposed ground floor elevation facing Dorrell Place showing
proposed sections of obscure glazing

Figure 6.2.8 The above images show further details of how the internal room
uses correspond to the proposed ground floor glazing on Dorrell Place.

Figures 6.2.7 and 6.2.8 above, show the proposed Dorrell Place elevation,
which at present has no active frontage and presents as a very hostile
environment, particularly at night time. The proposals would include the
installation of a new glazed shopfront of 452-456 Brixton Road, which would
extend active frontage around the building into Dorrell Place. In addition Figure
6.2.7 shows that the ground floor hotel reception elevation would include
elements of clear glazing, which would help to improve passive surveillance
and create an animated and a pedestrian-friendly environment along this street.
It is noted that there are no street trees within Dorrell Place and the proposal
does not seek to provide soft landscaping within the site or in Dorrell Place.
However, as a condition of the consent, it is recommended that flat areas of
roof above the buildings not covered by solar panels should be comprised of
Green roofs. This would improve biodiversity provision on site and the
appearance of the building when viewed from elevated positions.
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(b) Legislative and National Policy considerations


This section sets out the legislative and national policy context for the officer
assessment of the impact of the development proposal on the historic
environment and its heritage assets.
Legislative Framework
Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act
1990 (“PLBCAA”) provides that in considering whether to grant planning
permission for development which affects a listed building or its setting, the
local planning authority shall have special regard to the desirability of
preserving the building or its setting or any features of special architectural or
historic interest which it possesses.
Section 72(1) PLBCAA provides that in the exercise, with respect to any
buildings or other land in a conservation area, of any functions under or by
virtue of (amongst others) the planning Acts, special attention shall be paid to
the desirability of preserving or enhancing the character or appearance of the
conservation area.
The South Lakeland District Council v Secretary of State for the Environment
case and the Public Barnwell Manor case (East Northamptonshire DC v
SSCLG) establish that “preserving” in both s.66 and s.72 means “doing no
harm’.
National Policy
Paragraph 17 of the NPPF sets out 12 “core planning principles” that should
underpin both plan-making and decision-taking. Those principles include the
following:
“Planning should always seek to secure high quality design and 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
generation”.
The NPPF defines a “heritage asset” as:
“A building, monument, site place, area or landscape identified as having a
degree of significance meriting consideration in planning decisions, because of
its heritage interest”.
The definition includes both designated heritage assets (of which, Listed
Buildings and Conservation Areas are relevant here) and assets identified by
the local planning authority (including local listing).
“Significance” is defined within the NPPF as being:
“the value of a heritage asset to this and future generations because of its
heritage interest. That interest may be archaeological, architectural, artistic or
historic. Significance derives from a heritage asset’s physical presence, but
also from its “setting”.
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Paragraph 129 of the NPPF requires local planning authorities to identify and
assess the particular significance of any heritage asset that may be affected by
a proposal (including by development affecting its setting), taking account of
the available evidence and any necessary expertise. That assessment should
then be taken into account when considering the impact of the proposal on the
heritage asset, to avoid or minimise conflict between the heritage asset’s
conservation and any aspect of the proposal.
Paragraphs 131 and 132 of the NPPF provide as follows:
“131. In determining planning applications, local planning authorities should
take account of:
 the desirability of sustaining and enhancing the significance of heritage
assets and putting them to viable uses consistent with their conservation;
 the positive contribution that conservation of heritage assets can make
to sustainable communities including their economic vitality; and
 the desirability of new development making a positive contribution to
local character and distinctiveness.
132. When considering the impact of a proposed development on the
significance of a designated heritage asset, great weight should be given to the
asset’s conservation. The more important the asset, the greater the weight
should be. Significance can be harmed or lost through alteration or destruction
of the heritage asset or development within its setting. As heritage assets are
irreplaceable, any harm or loss should require clear and convincing justification.
Substantial harm to or loss of a grade II listed building, park or garden should
be exceptional. Substantial harm to or loss of designated heritage assets of the
highest significance, notably scheduled monuments, protected wreck sites,
battlefields, grade I and II* listed buildings, grade I and II* registered parks and
gardens, and World Heritage Sites, should be wholly exceptional.”
Paragraph 133 of the NPPF deals with substantial harm to or total loss of
significance of significance of a designated heritage asset.
Paragraph 134 of the NPPF provides that where a development proposal would
be lead to less than substantial harm to the significance of the designated
heritage asset, this harm should be weighed against the public benefits of the
proposal, including securing its optimum viable use.
Paragraph 135 of the NPPF deals with non-designated heritage assets as
follows:
“135. The effect of an application on the significance of a non-designated
heritage asset should be taken into account in determining the application. In
weighing applications that affect directly or indirectly non designated heritage
assets, a balanced judgement would be required having regard to the scale of
any harm or loss and the significance of the heritage asset.”
Paragraphs 137 and 138 of the NPPF are as follows:
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“137. Local planning authorities should look for opportunities for new
development within Conservation Areas and World Heritage Sites and within
the setting of heritage assets to enhance or better reveal their significance.
Proposals that preserve those elements of the setting that make a positive
contribution to or better reveal the significance of the asset should be treated
favourably.”
138. Not all elements of a World Heritage Site or Conservation Area would be
necessarily contribute to its significance. Loss of a building (or other element)
which makes a positive contribution to the significance of the Conservation Area
or World Heritage Site should be treated either as substantial harm under
paragraph 133 or less than substantial harm under paragraph 134, as
appropriate, taking into account the relative significance of the element affected
and its contribution to the significance of the Conservation Area or World
Heritage Site as a whole.”
Officers have also had regard to the Planning Practice Guidance in respect of
conserving and enhancing the historic environment.
Approach required
Turning to consider the application of the legislative and policy requirements
set out above, the first step is for the decision-maker to consider each of the
designated heritage assets (referred to hereafter simply as “heritage assets”)
which would be affected by the proposed development in turn and assess
whether the proposed development would result in any harm to the heritage
asset.
The decision of the Court of Appeal in Barnwell Manor confirms that the
assessment of the degree of harm to the heritage asset is a matter for the
planning judgement of the decision-maker.
However, where the decision-maker concludes that there would be some harm
to the heritage asset, in deciding whether that harm would be outweighed by
the advantages of the proposed development (in the course of undertaking the
analysis required by s.38(6) PCPA 2004) the decision-maker is not free to give
the harm such weight as the decision-maker thinks appropriate. Rather,
Barnwell Manor establishes that a finding of harm to a heritage asset is a
consideration to which the decision maker must give considerable importance
and weight in carrying out the balancing exercise.
There is therefore a “strong presumption” against granting planning permission
for development which would harm a heritage asset. In the Forge Field case
the High Court explained that the presumption is a statutory one and is
therefore not irrefutable. It can be outweighed by material considerations
powerful enough to do so. But a local planning authority can only properly strike
the balance between harm to a heritage asset on the one hand and planning
benefits on the other if it is conscious of the statutory presumption in favour of
preservation and if it demonstrably applies that presumption to the proposal it
is considering.
The case-law also establishes that even where the harm identified is less than
substantial (i.e. falls within paragraph 134 of the NPPF), that harm must still be
given considerable importance and weight.
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Where more than one heritage asset would be harmed by the proposed
development, the decision-maker also needs to ensure that when the balancing
exercise in undertaken, the cumulative effect of those several harms to
individual assets is properly considered.
What follows is an Officer assessment of the extent of harm which would result
from the Development to the scoped heritage assets provided by the applicant
as part of its submission. This includes Conservation Areas, and neighbouring
Listed Buildings. Officers agree with the scope of assessment provided by the
applicants. Both an individual assessment against each heritage asset as well
a cumulative assessment is provided. This is then followed by an assessment
of the public benefits of the proposals.
In reaching their assessment, Officers have taken into account the
Conservation and Design Officer’s comments. Officers have also taken into
account the conclusions reached in the Applicant’s Heritage Statement and the
representations made through the consultation period.
(c) Impact on the Brixton Conservation Area
The Site is located within the Brixton Conservation Area (CA26) as shown
below in Figure 6.2.7, and does not adjoin any other Conservation Areas. The
Brixton Conservation Area Appraisal states that the prevailing material in the
area is “…stock brick, some very plain and some have stucco details; all are
important to the strong Victorian character of the area” (para 2.31) with roofs
concealed behind a parapet. Paragraph 2.32 of the Conservation Area
Appraisal also sets out that buildings built between 1880s and 1910s “often
have plaster, carved brick, terracotta, faience or stone detailing…” The building
fronting Brixton Road is built using white render and benefits from some original
detailing and butterfly roof. The building at 11 Dorrell Place (which fronts onto
Nursery Road) is constructed using yellow stock brick with detailing to windows
and doorways which is typical of the Conservation Area. The proposal, being in
brick with punchy window openings, reflects the character of many existing
buildings in the conservation area. The ground floor contrast also reinforces the
local character and shopfronts. The built form in Brixton is varied and
roofscapes are rich; the proposal reinforces these characteristics of the
conservation area. In conclusion, no harm would be result to the conservation
area.
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Figure 6.2.9: Extent of the Brixton Conservation Area and the


Archaeological Priority Area
(d) Impact on Statutory Listed Buildings
The Site does not contain any statutory listed buildings, nor does the site adjoin
any statutory listed buildings, as shown in figure _ below. The following
statutory listed buildings are located nearby to the Site:
 Grade II Listed Carlton Hall, located approx. 73m to the south-west of
the Site;
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 Grade II Listed Reliance Arcade, located approx. 154m to the south of


the site, to the east of Brixton Road;
 Grade II Listed Market Row, located approx. 137m to the south-east of
the site;
 Grade II Listed Recreation Centre, located approx. 96m to the north-
east;

Figure 6.2.10: Location of the Site (in blue) and nearby Statutory Listed
Buildings (outlined in red) and locally listed buildings and structures
(outlined in yellow)
With regard to the potential impact of the Development on neighbouring
Statutory Listed Buildings, Officers consider that their historical significance and
setting would be preserved and no harm would result due to the high quality
design proposed and due to these assets being shielded by the bulk and scale
of other neighbouring buildings and railway viaducts. As indicated within the
applicants Heritage Statement and the townscape views document, the
Development would be limited to certain views within the Conservation Area,
with limited views of it within the setting of listed buildings.
(e) Impact on Locally Listed Buildings/Structures and Archaeological
Priority Area
The following locally listed buildings/structures and archaeological priority area
surround the Site:
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 446-450 Brixton Road, Façade only located approx. 10m to the north of
the site;
 442-444 Brixton Road, former Bon Mache department store located
approx. 35m to the north of the site;
 201-205 Ferndale Road, Edwardian department store building located
approx. 82m to the north of the site;
 Lamp Standard outside 415 Brixton Road located approx. 20m to the
east of the site;
 David Bowie Mural located approx. 59m to the south of the site;
 472-488 Brixton Road, Morley’s Department Store located approx. 62m
to the south of the site;
 Roman Road Archaeological Priority Area;
It is considered that the development would not harm the setting of the
surrounding locally listed buildings and structures due to the high quality design
proposed and due to these assets being shielded by the bulk and scale of other
neighbouring buildings and railway viaducts. The development would preserve
the setting of the buildings and structures on the local list that adjoin the Site
and therefore no harm would be caused to these local heritage assets.
(f) Impact upon Heritage Assents: Summary
To summarise, whilst the development would be clearly visible within the
Brixton Conservation Area at certain viewpoints due its scale and massing,
given the conclusions regarding high quality detailed design as outlined in sub-
section (6.2.8) of section (a) above, it is considered that the development would
result in no harm to surrounding heritage assets, in accordance with the NPPF,
the London Plan (2016) and the Local Plan (2015).
(g) Assessment of harm versus benefits
Public benefits are defined within the NPPG. It advises that public benefits:
“…may follow from many developments and could be anything that delivers
economic, social or environmental progress as described in the National
Planning Policy Framework. Public benefits should flow from the proposed
development. They should be of a nature of scale to be of benefit to the public
at large and should not just be a private benefit. However, benefits do not
always have to be visible or accessible to the public in order to be genuine
public benefits.
Public benefits may include heritage benefits”
As set out above, the Councils design/conservation officer has concluded that
no harm would be caused to any of the heritage assets surrounding the Site as
a result of the development. Were Members to consider that substantial harm
would be caused, then they would need to ensure that a balancing exercise is
undertaken and the substantial harm to the heritage asset is considered in
accordance with the requirements set out above. Historic England has advised
that it does not consider there to be any substantial harm caused by the
proposed scheme and officers concur with this assessment.
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If members consider that there would be less than substantial harm caused by
the proposed scheme then it is Officer’s advice that sufficient public benefits
would arise from the development to outweigh any considered harm. The
development would as such accord with paragraph 134 of the NPPF. In
deciding whether the public benefits outweigh harm members should apply the
test explained in paragraph 6.2.42 above. Members are reminded that a finding
of harm to a heritage asset is a consideration to which they must give
considerable importance and weight in carrying out the balancing exercise.
Paragraph 133 of the NPPF states that where a proposed development will lead
to substantial harm to or total loss of significance of a designated heritage
asset, local planning authorities should refuse consent, unless it can be
demonstrated that the substantial harm or loss is necessary to achieve
substantial public benefits that outweigh that harm or loss, or all of the following
apply:
(i) the nature of the heritage asset prevents all reasonable uses of the site; and
(ii) no viable use of the heritage asset itself can be found in the medium term
through appropriate marketing that will enable its conservation; and (iii)
conservation by grant-funding or some form of charitable or public ownership is
demonstrably not possible; and (iv) the harm or loss is outweighed by the
benefit of bringing the site back into use.
In terms of the public benefits that would arise from the Development, these are
discussed throughout the report, but in summary these are considered to be as
follows:
Social/Community Benefits
 Public realm improvements to Dorrell Place
 Contribution to the delivery of cycle hire scheme facilities close to the
site and within the wider Brixton Town Centre;
Economic Benefits
 Providing a viable future for the site and bringing forward the use of
underutilised vacant floorspace within Brixton Town Centre;
 Investment in local economy through use of hotel;
 Local job creation, with S106 obligations to require minimum percentage
of local employees through construction phase and during end use of
site, and financial contributions towards employment and training;
Environmental and Sustainability Benefits
 Creating a new five storey energy efficient building at 1-9 Dorrell Place
which would have infrastructure in place to allow the development to
connect to any future district energy networks in the vicinity of the site
when they become available.
6.3 Standard of Visitor Accommodation
Local Plan Policy ED12 part (b) requires all new visitor accommodation to meet
the highest standards of accessibility and inclusion, with at least 10% of rooms
being wheelchair accessible. Details of the proposed rooms are shown within
the Design and Access Statement as well as the submitted floor plans.
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Local Plan Policy ED12 part (c) further states that new visitor accommodation
should be of high quality design so that it may be accredited by the National
Quality Assessment Scheme. This is also reflected within London Plan Policies
4.6 and 7.2, and the Town Centres SPG (2014) which promote highest
standards of accessibility and inclusivity in all new hotel proposals.
The proposed hotel would include a mix of standard and larger rooms for
visitors. All rooms would include beds, chairs, and an en-suite bathroom with
shower and doors with a minimum clear opening width of 0.8m.

Figure 6.3.1: Typical layout of Proposed Rooms.


A total of 10 of the proposed rooms would be secured by condition to be
‘Universally Accessible’ (UA), and offer facilities for wheelchair users, such as
larger floorspace to allow for turning and wheelchair accessible bathrooms and
showers. The proposed UA rooms are located on the first floor and upper floors
only. At ground floor level, the entrance to the reception is level access with the
street level in Dorrell Place, with elevator access provided from ground floor
level to all hotel rooms.
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Figure 6.3.2: Proposed Universally Accessible Room


As stated above, part (d) of policy ED12 requires new visitor accommodation
to of high quality design so that it may be accredited by the National Quality
Assessment Scheme. Supporting paragraph 6.62 of the Local Plan states that
the National Quality Assessment Scheme can be found
www.qualityintourism.com. However, since the 1st of April 2017 the AA now
manage and run the Visit England National Quality Assessment Scheme.
The submitted proposed plans show that eight bedrooms would be provided at
basement level and would be mechanically ventilated with no window openings.
The National Quality Assessment Scheme recommends that, “each hotel room
should have at least one window that can be opened safely and that provides
good level of natural light and ventilation. Rooms without windows are generally
not acceptable (however dispensations may be available on specific rooms)”.
The quality standards further state that, “dispensations for certain individual
requirements within these AA Quality Standards may be given as long as all
the remaining requirements and quality levels for that rating are met or
exceeded. This flexibility will be considered on a case-by-case basis. Any
exceptions will need a proportional increase in quality in other areas to
compensate for the area where an exception is sought”.

Table 1: Visit England Hotel Accommodation Quality Standard.


Key requirements at minimum rating level 1 Star*
A minimum of five letting bedrooms. The hotel would provide 96 bedrooms
and meet this requirement.
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100% of bedrooms with en suite or All proposed bedrooms would have en-
private facilities. suite/shower facilities.
Resident guests, once registered, have This requirement would be secured by
access to the hotel at all times. condition within the Hotel Management
Proprietor and/or staff on site all day Plan.
and as a minimum on call to resident
guests at night.
A dining room/restaurant or similar There is a costa coffee at 458-460
eating area serving a cooked or Brixton Road approximately 44m from
continental breakfast seven days a the hotel entrance on Dorrell Place.
week. Grab and Go coffee and sandwich bar
is located approx. 65m across the road
at 6 Atlantic Road. San Marino Coffee
Bar is located approx. 75m across the
road at 413 Brixton Road. There are a
number of cafes within easy walking
distance of the proposed hotel which
offer breakfast and lunch facilities and
this would be made clear to prospective
guests within a hotel management plan,
to be secured by condition.
A dining room/restaurant or similar There are a number of restaurants
eating area serving evening meals at including Cabana, Wahaca, Nando’s,
least five days a week (but hotels that Bamboula Caribbean restaurant, Franco
do not offer dinner and are located Manca pizza restaurant all located
within easy walking distance of a choice within easy walking distance of the
of places to eat dinner, can also be proposed hotel, which offer evening
rated under the hotel scheme as a meals. The location of these restaurants
metro or town house hotel, as long as would be made clear to prospective
this is made clear to all prospective guests prior to booking, which would be
guests in all marketing and all other secured by condition within a hotel
hotel requirements are met). management plan.
A bar or sitting area with a Liquor The Beehive public house is locate
Licence. approx. 90m across the road at number
407-409 Brixton Road. The Craft Beer
Co. is located approx. 95m across the
road at 11-13 Brixton Station Road. An
independent public bar would be
retained at 11 Dorrell Place approx. 9m
west of the hotel entrance. In addition
the hotel foyer would have limited
seating to allow guests to wait for
colleagues/friends in this area should
they need to do so. There are a number
of bars within easy walking distance of
the proposed hotel, which offer alcohol
and refreshment facilities and this would
be made clear to prospective guests
within a hotel management plan
secured by condition.
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Hotel generally open seven days a This would be secured by condition


week during its operating season within a hotel management plan.
providing, on every day open, the level
of service and facilities appropriate to
its star rating.
Proprietor and/or staff available during This would be secured by condition
the day and evening to receive guests within a hotel management plan.
and provide information/services such
as hot drinks and light refreshments.
A clearly designated reception facility. This is shown on the proposed ground
floor plans and further details of its
operation would be secured by
condition.
Meeting all the current statutory Further details of compliance would be
obligations and providing Public Liability secured by condition within a hotel
insurance cover. management plan.

Given that eight of the proposed 96 hotel rooms located at basement level
would have no windows and therefore no outlook, officers have reviewed similar
metro type hotels in London and have found that there are a number of hotels
offering rooms without windows. The Z Hotel chain which operate within the city
of London, Piccadilly, Gloucester Place, Soho, Shoreditch and Victoria offer
hotel rooms without windows. Similarly, Qbic hotel at 42 Adler St offers ‘smart’
rooms without windows and Point A Hotel at 13-15 Folgate Street offers
windowless rooms. There are also a number of hotels outside of London, which
offer hotel rooms without windows, these include Bloc Hotels Gatwick Airport,
Yo Hotel at Gatwick airport and NiteNite hotel rooms at 18 Holliday Street,
Birmingham. Furthermore, planning permission has been granted
(12/02540/FULL) at the Trocadero in Piccadilly Circus and also at 5 Lower
Belgrave Street in Victoria (10/04027/FULL) for windowless hotel rooms, and
for the latter. Visit England raised no objection.
The proposed hotel is an ‘Essential service’ type hotel, which are typically
windowless and offer a deliberately compact yet high quality guest space with
private bathrooms suitable for short stay use. In this case the supporting
information shows that all hotel rooms, including the windowless ones would be
comfortable with contemporary design and offer value for money. This
particular type of accommodation is attractive to short stay guests because it
offers affordable and central accommodation for tourists and visitors alike. This
type of hotel represents one offer within a very diverse marketplace.
All the windowless rooms have a bed, a shower and space to hang clothes.
They are mechanically ventilated. The absence of a window to the basement
rooms would not result in the provision of poor visitor accommodation, as the
proposed rooms have been designed to a high standard to cater for a particular
short stay visitor at the budget end of the hotel market.
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Members’ attention is drawn to a recent refused application (2015/360/P) at the


LB Camden for a change of use of ground and basement levels to provide a
166 bedroom underground hotel at 122A Great Russell Street, London, which
was allowed at appeal (APP/X5210/W/16/3147078). One of the reasons that
LB Camden refused the application was that the proposed design, layout and
standard of air quality would not provide an acceptable standard of visitor
accommodation. The Inspector found no reason to conclude that the compact
and proposed mechanically ventilated windowless rooms would be unsuitable
for short term use by visitors. The inspector noted that some of those who made
written and/or oral representations to the Camden appeal hearing were of the
opinion that underground hotel rooms without windows are in principle an
unsuitable way of accommodating visitors. In response to this the Inspector
stated that, “Whilst that is a legitimate point of view, it does not find support in
planning policy or guidance. Visitors to London have a wide choice of hotel
accommodation. Perhaps some would choose not to sleep in an underground
room. However, others may well decide that the benefits of a highly accessible
location, close to numerous visitor attractions, would outweigh the absence of
a window. I can see no land use planning reason why that choice should be
precluded”. The Inspector concluded that there would be no unacceptable
environmental conditions for future occupiers.
Whilst the proposed hotel would not fully comply with all Visit England Hotel
Accommodation Quality Standard requirements, it considered that the
proposed hotel, like the hotel permitted in the Camden appeal, would target
short stay budget traveller market and would provide quality short term
accommodation for visitors to London. Furthermore, not only does the London
hotel market need to have adequate capacity, it also needs to offer sufficient
diversity to attract and meet the needs of visitors a variety of budgets and with
different needs from their accommodation.
It is also noted that there are rooms proposed below (at basement level) and
above (at first floor level) of the UKPN sub-station which is at ground floor level.
Officers consider that noise impact from this sub-station upon adjacent rooms
can be adequately mitigated through conditions and Building Regulations.
In all other respects the Development is considered to offer a high standard of
accommodation including wheelchair accessible rooms. As such, the quality of
accommodation provided is considered acceptable in accordance with policy
ED12 of the Lambeth Local Plan (2015).
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6.4 Designing out Crime - Secured by Design


London Plan Policy 7.3 states that development should amongst other things,
reduce opportunities for crime and contribute to a sense of security in particular,
well maintained routes, clear indication of spaces being private, semi-private or
public and natural surveillance, encourage activity appropriate to the location,
promote a sense of ownership of spaces, places and buildings, integrate
security features into the design. Policy Q3 of the Local Plan additionally
expects development to respond to the locality and any crime and safety issues,
paying particular attention to communal space and making sure the materials
and construction are robust, durable and resistant to damage.
The surrounding area is very busy and vibrant during the day and night with a
lively night time economy that draws people to the area late into the night. This
has increased since the introduction of night time tube service to the Victoria
Line.
The proposals have included a number of measures to ensure that the
Development would achieve the objectives of the above mentioned policies.
Namely, the inclusion of an active frontage on Dorrell Place, and the location
of, the main entrance to the proposed Hotel on Dorrell Place. The Development
has the potential to offer considerable activity and surveillance into an area that
can appear somewhat isolated after trading hours. It is important that both
street frontages are as animated as possible, offering high levels of overlooking
and surveillance, especially during hours of darkness. Revised plans have
alleviated concerns regarding a recessed fire escape door, which was
considered secluded and could therefore have created opportunity for criminal
activity or misuse. This has been rectified within the revise drawings and now
has no recess.
The Hotel is to be served by 24 hour CCTV coverage at ground floor level at
the reception area and would be also be attended 24 hours, 7 days a week by
a member of the hotel front of house staff. All external doors to the hotel and
basement plant rooms are to be linked to the building’s security system and
covered by CCTV. Further CCTV coverage and crime prevention measures
would be in place both internally and externally to the building envelope, whilst
no public access would be available to the roof of the proposed hotel.
As such, in accordance with the Designing out Crime Officer’s recommendation
a condition requiring the Development to achieve Secured by Design, including
for the Homes 2016 guidance (which includes standards and principles
covering multiple occupation and hotels) is attached. In addition a condition
requiring details of the other security measures referred to in this section to be
submitted to the Council prior to occupation of the Development, is
recommended.
6.5 Neighbouring Amenity
Although the Development would not increase the footprint of the existing
buildings, the height, scale and massing of 1-9 Dorrell Place is to increase from
two storeys to a total of 6 storeys. The Site is located within Brixton Town
Centre, and as such the majority of the neighbouring buildings are within
commercial uses such as retail and offices.
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Residential occupiers are restricted to upper floors of buildings within the Town
Centre, whilst to the south west and west of the Site are a mix of residential
properties, such as terraced and semi-detached dwellings. Directly north and
south of the Site are retail uses at differing scales, ranging from single storey
to four storey.
Policy Q2 of the Local Plan seeks to protect the amenity of existing neighbours
and the visual amenity of the community as a whole. This is measured in terms
of potential impacts in relation to outlook and privacy, daylight and sunlight,
noise and vibration, microclimate-wind, air quality and impacts during
construction. An assessment of the Development’s impact upon amenity is
provided below.
Daylight, Sunlight and Overshadowing
A ‘Daylight and Sunlight to Neighbouring Properties’ report dated September
2016 produced by Brooke Vincent & Partners has been submitted in support of
the application.
The main impact of the Development in regards to outlook would be to
residential properties on Nursery Road to the south-west of the Site.
Methodology
Two methods of measurement are normally used to measure daylight impacts:
(1) Vertical Sky Component (VSC); and (2) Daylight Distribution (DD). VSC
assesses the quantum of skylight falling on a vertical window and DD (also
referred to as No Sky Line) the distribution of direct skylight in a room space.
These measurements are based on guidance contained in the British Research
Establishment (BRE) publication (2011) “Site Layout Planning for Daylight and
Sunlight. A Guide to Good Practice”.
Vertical Sky Component (VSC) is the calculation most readily adopted, as the
principles of calculation can be established by relating the location of any
particular window to the existing and proposed, built environment. The VSC will
be 0% where the point being measured has a completely obstructed view of the
sky; or just under 40% where the view is completely unobstructed. The BRE
guidance suggests that if the VSC is greater than 27%, enough skylight should
still be reaching the window of the existing building. Any reduction below this
level should be kept to a minimum.
Should the VSC with development be both less than 27% and less than 0.8
times its former value, occupants of the existing building shall notice a reduction
in the amount of skylight they receive. The guide says: “the area lit by the
window is likely to appear gloomier, and electric lighting would be needed more
of the time”.
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The DD method is a measure of the distribution of daylight at the ‘working plane’


within a room. For the DD assessment the ‘working plane’ means a horizontal
‘desktop’ plane 0.85m in height for residential properties. The DD divides those
areas of the working plane which can receive direct sky light from those which
cannot. If a significant area of the working plane receives no direct sky light,
then the distribution of daylight in the room would be poor and supplementary
electric lighting may be required. The BRE Guidelines state that if the area of a
room that does receive direct sky light is reduced by more than 20% of its former
value, then this would be noticeable to its occupants.
It should be noted that the number of points of assessment vary between the
two differing methods of measurements. VSC looks at windows, of which there
can be more than one serving a room. DD looks at rooms only.
Typically, it is recommended that VSC and DD are utilised for consideration on
daylight losses resulting from the proposal to existing neighbouring residential
since it is a comparative test.
The BRE Guide advice is not mandatory since ‘although it gives numerical
guidelines, these should be interpreted flexibly since natural lighting is only one
of many factors in site layout design’. Whilst the BRE Guide does not categorise
levels of impact beyond ‘noticeable’, standardised EIA terminology can be
utilised to consider classification of the impacts on neighbouring properties,
especially in respect of impacts of ‘minor adverse effect’, ‘moderate adverse
effect’ and ‘major adverse effect’ with definitions including as follows below.
Factors tending towards minor adverse impact include:
- Only a small number of windows or limited area of open space are affected;
- The loss of light is only marginally outside the guidelines;
- An affected room has other sources of skylight or sunlight;
- The affected building or open space only has a low level requirement for
skylight or sunlight;
Factors tending towards a major adverse impact include:
- A large number of windows or large area of open space are affected;
- Where loss of light is greater than 50% of guideline levels;
- All the windows in a particular property are affected;
- The affected indoor or outdoor spaces have a particularly strong requirement
for skylight or sunlight (e.g. living room in a dwelling or a children’s playground).
Sunlight is measured using Annual Probable Sunlight Hours (APSH). Sunlight
is measured using a sun indicator which contains 100 spots, each representing
1% of APSH. Where no obstruction exists, the total APSH would amount to
1486 hours and therefore each spot equates to 14.86 hours (for London) of the
total annual sunlight hours. The number of spots is calculated for the Baseline
and Proposed Development scenarios during the whole year and also during
the winter period and a comparison made between the two. This provides a
percentage of APSH for each of the time periods for each window assessed.
The 2011 BRE Guidelines note that:
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“In housing, the main requirement for sunlight is in living rooms, where it is
valued at any time of day, but especially in the afternoon…It is viewed as less
important in bedrooms and in kitchens, where people prefer it in the morning
rather than the afternoon”
“all main living rooms of dwellings…should be checked if they have a window
facing within 90° of due south. Kitchens and bedrooms are less important,
although care should be taken not to block too much sun”; and
“If the main living room to a dwelling has a main window facing within 90° of
due north, but a secondary window facing within 90° of due south, sunlight to
the secondary window should be checked.”
“…a south facing window would be, in general, receive most sunlight, while a
north facing one would be receive it only on a handful of occasions. East and
west facing windows would be receive sunlight only at certain times of day”.
“Balconies and overhangs above an existing window tend to block sunlight,
especially in summer. Even a modest obstruction opposite may result in a large
relative impact on the sunlight received”.
With regard to existing surrounding receptors, the BRE Guidelines provide that
a window may be adversely affected if a point at the centre of the window
receives:
- Less than 25% of the APSH during the whole year, of which 5% APSH must
be in the winter period; and
- Receives less than 0.8 times its former sunlight hours in either time period;
and
- Has a reduction in sunlight for the whole year more than 4% APSH.
Overshadowing: The BRE ‘test’ for a development’s overshadowing impacts
relates to the area of an amenity space that receives more than two hours of
sunlight on 21 March (the Spring Equinox). The guide states: “…for it to appear
adequately sunlit throughout the year, at least half of a garden or amenity area
should receive at least two hours of sunlight on 21 March. If, as a result of new
development, an existing garden or amenity area does not meet the above, and
the area which can receive two hours of sun on 21 March is less than 0.8 times
its former value, then the loss of sunlight is likely to be noticeable”.
As the Development would not adjoin residential properties the assessment has
not considered the area of amenity of neighbouring gardens and amenity
spaces that can receive more than two hours of direct sunlight on this date. The
properties on Nursery Road to the south-west are separated from the Site via
a three storey railway viaduct, which officers consider to offer a buffer between
the site and neighbouring properties.
Scope of the Assessment
Residential rooms of the following properties have been assessed for the
purposes of daylight and sunlight impacts as a result of the Development:
1) 462 Brixton Road
2) 6 Tunstall Road
3) 8 Tunstall Road
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4) 10 Tunstall Road
5) 12 Tunstall Road
The tested nearby buildings are to the south of the site are residential properties
to the rear of Brixton Road and along Tunstall Road. All other buildings to the
north, east and west have not been analysed as they are either serving
commercial use only or would have no view of the development site.

Figure 6.5.1: Assessment Model showing the existing site to the left, and
the proposed Development to the right.
Assessment of the Results
Officers have carefully assessed the increased height of the proposed five
storey hotel building including its sixth floor plant level. The assessment also
reviewed the applicant’s submitted daylight and sunlight report which
demonstrates that the Development would adhere to BRE Guide target criteria
with regards to the daylight for the identified surrounding properties tested. With
regards to Daylight, VSC results within appendix 2 of the submitted ‘Daylight
and Sunlight to Neighbouring Properties’ report, confirm that the existing VSC
in all locations tested remain unchanged in the proposed condition value or they
are above the BRE’s threshold of 27%. It is noted that there are three windows
with an existing VSC below 27%. However, Appendix 2 of the Daylight and
Sunlight report shows that there would be an extremely fractional or no variation
to these windows as a result of the proposed scheme as it is an existing
condition. These three windows pass the BRE test as they are still well above
0.8% of their existing value and as such the resultant impact would be
imperceptible as there would be no or minimum variation in the VSC with or
without the development in place.
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Sunlight results for neighbouring properties are also shown in Appendix 2 within
the ‘Daylight and Sunlight to Neighbouring Properties’ report. All windows that
face within 90 degrees of north and are classified as ‘north facing’ and therefore
the Development would not result in a loss of sunlight. The windows within 90
degrees of south of the development remain unchanged from the existing levels
of sunlight measured as APSH.
Officers therefore consider that the development would not result in adverse
impact upon neighbouring residential properties with regards to daylight and
sunlight, and is consistent with the surrounding urban context.
Outlook and Sense of Enclosure
The Development would retain similar separation distances to surrounding
properties as per the existing building. Notwithstanding the increased height,
mass and bulk of the new building, given the separation distances and position
of the building between the railway viaduct to the south and 446-450 Brixton
Road to the north it is not considered that the proposed building would have
any impact upon the outlook or create a sense of enclosure to neighbouring
properties.
The neighbouring buildings to the north, east and west are within commercial
use and the proposed building would not unduly impact upon their amenity.
The closest residential properties are located to the south of the site (south of
the railway viaduct) and situated within the upper floors of building on the
western side of Brixton Road, the northern side of Tunstall Road and properties
on Nursery Road. The closest residential property to the Site is 462 Brixton
Road to the southeast is located, at a distance of approx. 15m. This separation
in relation to the increased height of the buildings on the site is considered
acceptable due to the existing layout and orientation of this building and the
position of the railway viaduct which acts as a buffer between the Development
and neighbouring properties. As such, occupiers of 462 Brixton Road with main
window openings in it located in the rear elevation, would still benefit from
outlooks in an easterly direction without obstruction or suffering sense of
enclosure from the proposed development.
The southern-most elevation of the development would have a minimum
separation distance of 35m from the nearest property at 6 Tunstall Road to the
south and 23.4m from the boundary with 19 Nursery Road to the southwest.
Given the distances stated between the upper floors of the development and
the nearest residential facades, Officers consider that the development would
not result in an unacceptable loss of outlook or increase in sense of enclosure
having regard to the aims of Policy Q2 of the Local Plan.
Privacy and Overlooking
The development would retain similar separation distances to surrounding
properties as with the existing building. However the increased height of the
new building on site may give the perception of increased opportunity for
overlooking of neighbouring sites.
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The proposed upper floors of the building, between the third and 5th storey
would extend beyond the existing heights of 452-456 Brixton Road and the
adjoining railway viaduct. All the proposed hotel rooms on the upper floors of
the hotel building would be served by a window opening for light and ventilation.
The separation distances between the site and the nearest residential
properties are considered sufficient in mitigating and avoiding the potential for
overlooking of neighbouring habitable rooms and amenity spaces.
Although an external staircase is proposed to the southern elevation of the
development, this is for fire escape and maintenance purposes only, with
visitors not having access to it other than in an emergency. In the circumstances
and given the separation distances from and orientation of the new building in
relation to neighbouring buildings, Officers are satisfied that the development
would not lead to the loss of privacy through overlooking as a result of the
external staircase proposed within the scheme.

Figure 6.5.2: Map showing the separation distance from the southern-
most elevation of the Development to the nearest residential properties.
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Noise
The application is supported by a Noise Impact Assessment dated 18/10/2016
produced by Hann Tucker Associates and has been assessed by the council’s
Environmental Health consultants. No objection is raised, however conditions
are recommended to ensure all plant equipment does not have an
unacceptable impact on neighbouring amenity with regard to noise. A condition
is also proposed to ensure that the hotel rooms themselves would not be
unacceptably impacted by noise transfer through the building from the adjoining
UKPN substation and the retained public house.
Concerns have been raised in objections to the potential intensification of use
of the existing loading bay in Nursery Road. Servicing and deliveries associated
with the hotel use would largely be for linen and laundry supplies with the public
house and retail unit being serviced as existing. Noise generated from servicing
of the site would be kept to daytime hours similar to the servicing of other
commercial properties in Brixton Town Centre. A condition is nevertheless
recommended requiring that the hotel is serviced for these purposes within
specified hours so that noise and disturbance to neighbouring occupiers is
minimised. This is in addition to a Deliveries and Servicing Management Plan,
which will be required to be submitted to and approval by the LPA prior to the
commencement of the hotel use building, as a condition of consent.
Odours and Smells
The development does not seek to introduce new uses, which would cause
intrusive odours and smells. However, the existing A4 use provides a selection
of hot foods as part of tits service offer and, it is noted that Brixton Road has a
high number of evening economy and food and drink uses which require the
provision extractor systems. Moreover, the A4 use is located to the rear of the
Site, close to residential properties on Nursery Road.
It is therefore expected that a level of odour control would be required to ensure
that the development does not have an unacceptable impact on neighbouring
amenity in this respect. The submitted proposed ground floor plan shows a
service shaft riser located next to the kitchen area of the public house. A
condition is recommended requiring details of how the flue from the public
house would be directed to terminate above roof level such that no cooking
odours or smells would unduly affect the living or working conditions of the
occupiers of neighbouring properties and/or visitors to the hotel.
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6.6 Transport and Servicing


Policy T6 seeks to ensure that the development does not have an unacceptable
impact upon transport capacity and infrastructure. Policies T7 and T8 of the
Lambeth Local Plan relate to car parking and servicing. Policies T1, T2 and T3
promote sustainable travel, walking and cycling. These policies require
developments not to cause unacceptable harm to either public or private
transport networks or have an adverse impact on transport safety. Increases in
walking and cycling are encouraged.
Policy ED7(b) seeks to ensure that the proposal would not cause unacceptable
harm to community safety or their amenity by way of impact of delivery
vehicles/services, traffic generation and impact on traffic flow and road safety.
Policy ED12 (a (i)) seeks to ensure that appropriate off-street pick-up and set-
down points for taxis and coaches are provided by the development.
The application site has 'excellent' access to the public transportation with a
PTAL rating of 6b, the highest achievable. The site is located within the ‘Brixton
B’ Controlled Parking Zone (CPZ), limiting parking to ‘pay-and-display’ with
residents parking permit restrictions operating from Monday to Saturday 0830-
1730 or 2030.
Trip Generation
Given the excellent access to public transport and the central London location
of the hotel, it is anticipated that the majority of guests and visitors would arrive
at the Site by public transport or by foot. It is acknowledged that taxi and coach
movements may also occur given the nature of the hotel use.
In order to determine the trip generation of the proposed hotel the TRAVL
database was searched for comparable sites. In order to provide a robust set
of person trip rates the hotel sites within TRAVL were filtered to remove hotel
sites with a PTAL rating of less than 3.The search revealed only one site that
was directly comparable in as much as no standard car parking was provided
on site, this is the Montague Hotel, located adjacent to the British Museum, in
the London Borough of Camden.
Whilst the trip assessment does not take into account trips associated with the
existing uses, it is understood that during both the AM and PM peak hours, the
proposed hotel would not be of detriment to the surrounding road and public
transport network. It is shown in the comparable trip generation that 90% of
trips to and from the hotel would be made using public transport methods.
Overall, the anticipated trips made car amount only 2.4% and therefore would
be minimal compared to all other modes of transport.
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Car Parking
The Site would not provide any off-street car parking and the existing off street
parking bay to the front of the public house would be removed and this area
would be used as a shared service passage for the public house and hotel.
Given the excellent level of access to public transport the loss of this parking
bay is supported by officers and as the Site is located within a CPZ, it would not
be possible for staff or visitors to park within the surrounding streets during the
restricted hours of the CPZ. Nevertheless, an on on-street disabled parking bay
would be provided for hotel staff and a contribution of £10,000 would be
secured through planning obligation via a section 106 agreement to provide the
bay. Overall, the anticipated trips made car is only 2.4% and therefore minimal
compared to all other modes.
Cycling
Local Plan Policy T3 requires development to provide cycle parking in
accordance with London Plan requirements.
Information from the Trip Rate Information Computer System (TRICS)
database indicates that for hotels in London with a PTAL rating 6a or 6b,
approximately 1% of journeys are made by bicycle. The trip generation
assessment within the submitted Transport Assessment and follow up
Addendum indicates that 380 two-way trips would be made each day at the
hotel and, therefore, approximately 4 two-way trips would be made by bicycle
each day (1% of the modal share). The above data is sourced from the
Montague Hotel, in Camden which is the only one directly comparable hotel
with no standard car parking provided on site. It is noted that the total two-way
person trips per day is given as 380 with the main mode of transport being
public transport. This would not be considered to be a high trip rate given that
there are 96 beds, with the potential for 192 guests, travelling in and out of the
hotel, plus members of staff and associated deliveries for the hotel.
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Cycle parking is located both internally and externally of the Development. A


total of 10 cycle parking spaces are proposed. These are broken down as
follows:
- 4x Long Stay (internal) for the proposed Hotel (C1 Use)
- 4x Long Stay (internal) for the Retail store (A1 Use)
- 2x Short Stay (external) for the Public house (A4 Use)
On the basis that 1% of trips to the hotel would be made by bicycle, the
proposed cycle parking is considered sufficient to accommodate this demand.
Furthermore, the retail and public house/restaurant uses are existing and it is
expected that short stay trips to and from the site would again be
accommodated within Dorrell Place and the wider Brixton Town Centre vicinity.
As such, subject to conditions officers consider that the development would
provide sufficient cycle parking storage, having regard to the requirements of
Local Plan Policies T3, Q13 and Policy 6.9 of the London Plan (2016).
Cycle Hire
Transport for London is currently working closely with Lambeth to install up to
9 new cycle hire docking stations in and around Brixton town centre where the
application is located. This would extend the Cycle Hire network from Oval and
Stockwell down to Brixton. Amongst other routes in Brixton, Brixton Road is one
of the top 20% routes with the highest cycling flows in London and is identified
as one of the cycling connections with the highest potential for contributing to
serving cycling demand in London.
One of the cycle hire docking stations is proposed to be located on Dorrell
Place, adjacent to the development. Currently the TA associated with the hotel
assumes no cycle trips amongst guests. In other locations TfL is experiencing
an increase in casual users on the cycle hire network, and perhaps this is as a
result of new and improved cycle infrastructure. TfL believes that guests and
staff at the hotel would use the cycle hire network as an alternative to public
transport for short journeys to and from work and during their stay. Central
London can be accessed within 20 minutes by bicycle.
Officers therefore consider that the redevelopment of the site together with the
provision of a 96 bedroom hotel would provide opportunity to help meet cycling
demand in Brixton through the cycle hire expansion and, given the location of
the application, encourage cycling trips by hotel visitors and staff. Therefore,
due to the quantum of development proposed and anticipated visitor numbers
that may seek cycle hire during their stay both TfL and Lambeth’s Transport
officers have requested a proportionate s106 contribution of £80k towards a
new cycle hire docking station on Dorrell Place, or in close proximity to the site
in Brixton Town Centre. This figure has been calculated by converting a
percentage of the 380 daily two way public transport trips to cycling and, would
cover part of the capital cost of implementing a new docking station. Officers
have included this as part of the planning obligations into section 6.12 below as
it is considered necessary to improve sustainable travel and make the
development acceptable in planning terms.
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Coach Parking
In accordance with London Plan Policy 6.13, there is a need to assess the
feasibility of accommodation for both short-stay coach parking on site and/or
within the surrounding area.
The site is not serviced by a dedicated access point and as such would rely on
the adjacent road network in particular, Brixton Road and Nursery Road. The
Transport Assessment Addendum states that it is not anticipated to attract
coach parties to the hotel due to the target market (visitors) of the hotel and
limited number of rooms (below 100). Nonetheless, in the unlikely event of a
coach being utilised to drop off visitors, the coach would be directed to drop
visitors off at Coldharbour Lane approx. 230m to the south-east of the site
before being directed to a dedicated coach park at Lansdowne Way in
Stockwell approximately 2km from the application site. This would be similar to
the approach taken for the approved (11/02066/FUL) hotel at numbers 457 -
461 Brixton Road where details of coach parking were secured and
subsequently approved as a condition of consent by condition (15/03675/DET).
The Site has no dedicated access and therefore there is no proposed taxi drop-
off area for the hotel. The above Trip Generation indicates that it is anticipated
that approximately 7.3% of the total modal share or 27 trips daily would be by
taxi. TfL have confirmed that the Transport Assessment for the scheme is
sound and have no raised no concerns over the lack of dedicated drop-off and
pick-up zones. As such, it is considered that taxi pick up and drop off in Nursery
Road or Brixton Road would not harm the road network capacity or safety and
further details would be secured by a condition to ensure this.
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Pedestrian Movement
Policy T2 of the Local Plan seeks to improve conditions for and promote walking
within the borough, making routes and public spaces more accessible and
attractive for users. In considering development proposals that are likely to
generate an increase in the number of walking trips, Lambeth would be seek to
secure an improved environment for pedestrians, appropriate to the scale and
nature of each development, with particular regard to their safety, convenience
and directness of movements, including footway widening, provision of new
routes and desire lines, and enhancement of existing routes.
The site is well serviced for pedestrian movement/traffic. It should be noted that
there is a pedestrian crossing located on Brixton Road directly in front of the
site and Dorrell Place, allowing easy crossing to the eastern side from Brixton
Station. As such, it is considered that the proposal would be in accordance with
Policy T2 of the Local Plan.

Delivery and Servicing


The development proposes deliveries and servicing to take place on Nursery
Road, as per the existing arrangements. Nursery Road has a designated
‘Loading Bay’ dedicated to deliveries and servicing for uses fronting Brixton
Road, such as the existing site (Superdrug) and neighbouring Costa Coffee and
Marks and Spencer’s. Since the Development would include no dining facilities
ancillary to the hotel, it is anticipated that the proposed Hotel would generate a
low level of delivery and service vehicle movements, which would be mainly for
laundry and refuse purposes.
Refuse collection for the proposed Hotel and the public house would be from
an on-street location with waste being managed via a ‘just in time’ operation
within the service area of the site close to the railway viaduct. Collection of
refuse would be undertaken in accordance with the Manual for Streets
guidelines.
The submitted transport assessment includes details, which show the proposed
route for delivery and servicing vehicles using Nursery Road. The route
proposed seeks to enter Nursery Road via turning from Brixton Road onto
Ferndale Road and then left onto Nursery Road. Vehicles would then use the
Loading Bay available close to the site, and exit Nursery Road via Shannon
Grove continuing onto Tunstall Road and Bernay’s Grove and then returning to
Brixton Road. As such, all vehicles associated with deliveries and servicing
would be able to do so in forward gear, and would not be required to reverse or
turn. The submitted transport assessment states that deliveries would use 12m
or smaller vehicles. Nevertheless, officers consider it necessary to require
further details of deliveries and servicing which would include times of linen
deliveries to the hotel to be secured by condition to ensure there are no
unacceptable transport impacts of the proposed development on the
surrounding highway network.
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Construction and Environment Management Plan


A finalised Construction and Environment Management Plan has not been
submitted in support of the application; only principles and guidelines have
been set out. The Planning Statement states that both demolition and
construction would be undertaken in a sensitive manner to be respectful of
adjacent properties and the nearby railway viaduct. During the construction
phase, the dust emission is considered to be ‘medium risk’ at the worst affected
areas without mitigation measures. Officers consider it appropriate to require
submission of a finalised Construction and Environment Management Plan
prior to commencement of development including demolition to ensure that the
development does not detrimentally impact upon the highway network and local
amenity, which will be reviewed in consultation with Transport for London.
6.7 Refuse and Recycling
Local Plan Policy Q12 states that adequate refuse and recycling storage should
be provided for all development, ensuring that this should be well designed, of
adequate size and easy to access in order to ensure that visual and residential
amenity are protected. The council's Guidance for 'Waste and recycling storage
and Collection requirements' provides a more comprehensive guide to waste
storage development.
Standard 22 of the London Plan Housing SPG states that refuse and recycling
storage needs to be provided for all types of proposed development, without
prejudicing the ability of the surrounding existing development to meet its need
for cycle parking and refuse storage. Refuse and recycling storage should be
easily accessible to all residents and waste collectors.
Retail provision
Refuse storage is proposed to be located within the basement level of the
building, as per the existing arrangement. This is considered acceptable,
however further details with regards to ventilation are required, which can be
secured as a condition of consent.

Hotel and Public house provision


A refuse storage area is proposed at ground floor level within the railway
arches. This is located close to the service entrance of the both the Hotel and
Public house allowing for easy and accessible servicing. Lambeth’s Waste and
Recycling Storage and Collection Requirements supporting technical guidance
states that 7,500 litres of storage is required for every 1,000sqm of gross floor
space for a Hotel use. As such, a minimum provision of 18,750 litres would be
required. The proposed ground floor plan shows a provision for up to 10,860
litres within a dedicated refuse and recycling area.
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Although this would fall short of the recommended requirement of 18,750 litres,
Lambeth’s Waste and Recycling Storage and Collection Requirements
supporting technical guidance states that “This is not a generally applicable
minimum requirement. The volume of waste produced depends to a large
extent on the type of hotel, since these can range from short stay bed and
breakfast to luxury banqueting facilities.” Officers consider that because the
proposed Hotel would not have a dedicated ancillary food outlet such as a
restaurant, the proposed provision could be sufficient in dealing with waste
needs for this type of hotel having regard to the aims and objectives of Policies
of Q2 and Q12 of the Local Plan.
Nevertheless in order to safeguard the amenities of occupiers within and
neighbouring the development a condition should be imposed on any consent
requiring the applicant to provide further details demonstrating how the hotel
would meet the Lambeth waste collection and recycling cycle requirements in
consultation with Veolia. Veolia have stated that there are no access/egress
issues currently experienced by servicing the existing retail unit or public house
on the site.
6.8 Sustainability and Energy
The application has been supported by a Sustainability Statement dated
October 2016 and an Energy Statement dated September 2016, both produced
by Metropolis Green.
Decentralised Energy
Lambeth Local Plan Policy EN3 states that all major developments would be
expected to connect to, and where appropriate extend, existing decentralised
heating, cooling or power networks in the vicinity of the site, unless a feasibility
assessment demonstrates that connection is not reasonably possible. Major
development proposals that cannot immediately connect to an existing heating
or cooling network should evaluate the feasibility of combined heat and power
(CHP) systems and, where appropriate, examine the feasibility of extending the
system beyond the site boundary.
At the time of writing of the Energy Statement, it would not have been feasible
to connect to the Brixton District Heating Network (DHP) as it was only in the
planning stages of development. It is considered that the applicant has taken
reasonable steps that would allow the development to connect to any future
energy networks in the vicinity of the site.
As it was not considered feasible to connect to a wider district or shared heat
network around Brixton Road, the applicant investigated and found that a
Combined Heat and Power (CHP) engine would be the optimal solution for the
proposed scheme to these energy requirements. A CHP unit with backup
boilers would be specified to provide the majority of domestic hot water (DHW)
to the hotel areas, whereas air source heat pumps (ASHP’s ) would provide
space heating and cooling to both hotel and retail areas. As such, officers
consider the Development to be in accordance with aims and objectives of
Policy EN3 of the Local Plan.
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Sustainable Design and Construction


Lambeth Local Plan Policy EN4 requires development to demonstrate that it
would be implemented to sustainable design standards which are integral to its
design, construction and operation.
The proposal indicates within both the Sustainability and Energy statements
that the Development would achieve BREEAM ‘Excellence’ compliance due to
the following:
- BREEAM compliant ‘Excellence’ achieved, good U-values and air
permeability. Passive design measures implemented including optimal
percentage of glazing to maximize solar gains, overshadowing limited, the
likelihood of thermal bridging reduced through construction build ups. Large
windows optimize daylight.
- The site has a Public Transport Accessibility Level (PTAL) rating of 6b
‘Excellent’.
- Water fixtures and fittings would be specified to ensure a 40% improvement
over baseline building water consumption and to achieve an excellent
rating, under BREEAM issue Wat 01.
- The design team would be specify materials with recycled and reused
content where feasible. The specified materials would be have high ratings
in the BRE Green Guide in line with the requirements to achieve credits
under BREEAM issue Mat 01. It is anticipated that 100% of the timber used
for the proposed development would be from FSC sources.
- A Site Waste Management Plan to be prepared for Construction Stage with
an 85% target for diverting construction waste from landfill. The
development would be provide recycling bins to encourage end users of the
building to sort and recycle their waste.
- No net loss of biodiversity on site.
Pre-assessments for ‘BREEAM New Construction 2014’ for the Hotel and
‘BREEAM Non-Domestic Refurbishment and Fit-Out 2014’ have been
incorporated into the Sustainability Statement, which show BREEAM ratings of
‘Excellent’ for the different uses.
Officers consider that the Development has demonstrated that sustainable
design solutions are well integrated into its design, construction and operation.
As such, it is considered the Development is in accordance with Local Plan
Policy EN4 subject to conditions requiring the submission of further details
regarding projected Design Stage BREEAM assessments for all aspects of the
development.
Minimising Carbon Dioxide Emissions
London Plan Policy 5.2 states that new development should be designed using
the energy hierarchy ‘Lean – Clean – Green’. This equates to using less energy,
supplying energy more efficiently and then the provision of renewable energy if
required. Furthermore, it requires all residential developments to achieve a 40%
reduction in carbon dioxide emissions on 2010 Part L Building Regulations. The
London Plan Sustainable Design and Construction SPG (2014) updated this
target to 35% on 2013 Part L Building Regulations.
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The supporting Energy Statement has outlined the Mayor’s energy hierarchy
as follows:
- Lean: Improved U-values over those specified in Part L2A and L2B 2013,
numerous passive and active demand reduction measures e.g. good air
permeability, MVHR, energy efficient lighting.
- Clean: A CHP unit with backup boilers to provide majority of hot water to
the hotel. Provision made to connect to future planned decentralized heat
network in Brixton.
- Green: Air Source Heat Pumps to provide space heating and cooling to the
development. 24 No. PV panels totalling 7.99kWp.
If the development is not able to meet carbon reduction targets, the shortfall
would be met through a carbon dioxide offsetting payment in lieu, which would
be secured as planning obligation.
Lambeth’s Energy and Sustainability external Consultants have advised that
the applicant has demonstrated that the proposal is compliant with London Plan
Policy 5.2, but have recommended a condition requiring further details to be
submitted and approved by the LPA which demonstrate how the requisite
minimum percentage improvement over Part L of the Building Regulations
(2013) would be achieved.
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6.9 Flood Risk, Contamination and Site Management


Flood Risk/Sustainable Drainage System (SUDs)
In accordance with London Plan policies 5.12 – 5.15 in respect of flood risk and
sustainable drainage and Local Plan policies EN5 (Flood Risk) and EN6
(Sustainable drainage systems and water management) proposals should seek
to reduce the risk of flooding through appropriate design and measures to
manage water, in particular surface water run-off.
The site is located within Environment Agency Flood Zone 1, and is therefore
considered to have a low probability of flooding (defined as less than 1 in 1000
annual probability of fluvial or tidal flooding). The Development seeks the
excavation of a second basement level, whilst 8x rooms are proposed for
overnight stay to visitors within the -1 level basement. These works might give
rise to an increased risk of flooding and endanger human health. The
application has been supported by a Flood Risk Assessment (FRA), which
identifies the Site as being located within a Critical Drainage Area. The
Environment Agency have identified Brixton Road as lying within an area with
a ‘High Risk’ of surface water flooding. Nursery Road is shown to be within an
area of ‘Low Risk’ and is therefore more suitable to provide a means of access
and egress for the occupants of the development in the event of extreme rainfall
events.
The drainage strategy for the site is to collect part of the rainfall on the roof in
Green roof areas and convey all runoff from the roof to an attenuation tank in -
2 Basement. The discharge would be to an existing sewer. The drainage
strategy and infrastructure of Dorrell Place is to be retained as existing. Initial
calculations indicate a storage requirement of approximately 13.7m3, being
properly managed by the proposed SuDS.
Lambeth’s Flood risk officer has raised no objection to the Development and
supporting FRA subject to a condition requiring the submission of the finalised
drainage strategy showing the final surface water drainage design to scale and
all connections, prior to commencement of the development other than
demolition.
Ground Contamination
Paragraph 120 of the NPPF requires development requires development to
prevent unacceptable risks from land contamination. This is reaffirmed by
London Plan Policy 5.21.
Local Plan Policy EN4 (Sustainable Design and Construction) states that
proposals should include an assessment of existing ground conditions and
identify appropriate remedial measures for any contaminated land prior to
development commencing. The application has not been accompanied by such
an assessment however the site is not located in an area of the borough
identified as being contaminated land as such it is not considered necessary to
require further details of a ground contamination assessment.
Page 211

Site Management Measures


Due to the scale of the building it is clear that once developed and fully occupied
there would be a number of maintenance and servicing tasks required (e.g.
window cleaning, weather protection for external materials, mechanical plant
installation etc.). Whilst these discussions are not a planning consideration it is
nonetheless important to ensure the scheme is delivered, operated and
maintained successfully.
As such, it is considered appropriate to attach a conditions requiring details
setting out management strategies for servicing and deliveries; for public safety
and crime prevention within a hotel management plan, prior to occupation of
the development.
6.10 Employment and Training
Policy D4 of the Local Plan refers to circumstances in which the Council can
seek S106 Planning Obligations to mitigate the impact of a development on the
local infrastructure or secure additional facilities that are required as a result of
the development coming forward. As set out in the body of this report the
following site specific planning obligations are considered necessary to make
the development acceptable.
The development would provide a wide variety of employment opportunities
through the demolition and construction phases. Furthermore, the proposed
hotel would employ a 15 staff, which is a net increase upon the existing the
existing employees on the site and therefore represents uplift on the
employment, which the current uses generate.
Local labour in Construction

 An Employment and Skills Plan


 Notification of vacancies
 Trainee/apprenticeship placements (one trainee/ apprentice per 10
construction workers on site)
 Financial contribution for support coordination, identification and preparation
of local labour in construction initiatives prior to commencement of
development
 (£2,500 per £1m of capital construction costs)
 Accredited training
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6.11 Other Planning Considerations


Air Quality
The overall impact of the Development has been assessed by Lambeth’s
Environmental Health consultant who state the submitted Air Quality
Assessment (AQA) meets the Mayor’s SPG and London Plan targets, and is
considered to be Air Quality neutral. The AQA has established a baseline
evaluation and assessed the potential air quality impacts during the
construction phase, operational phase and has identified mitigation methods as
required. Further details would be requested in the CEMP, referred to in the
‘Transport’ section of the report.
6.12 Planning Obligations and CIL
Planning Obligations
The Local Plan (Policy D4 and Annex 10) sets out the Council’s policy in relation
to seeking planning obligations and the charging approaches for various types
of obligations. For contributions that are not covered by Annex 10, the Council’s
approach to calculating contributions is guided by its July 2013 revised draft
S106 Planning Obligations Supplementary Planning Document (SPD)
produced for consultation.
The following planning obligations are considered necessary to make the
development acceptable in planning terms, are directly related to the
development and are fairly and reasonably related in kind and in scale to the
development. They are therefore compliant with the requirements of regulation
122 of the Community Infrastructure Levy Regulations 2010.
General:
Transport, Highways and Public Realm:
 Provision of a Travel Plan and payment of £3,000 for the purposes of monitoring
the implementation of the Travel Plan;
 A financial contribution of £10,000 towards the provision of 1 disabled parking
bay;
 No business parking permits within the CPZ;
 A financial contribution of £80,000 towards the provision of a new Cycle Hire
docking station in Dorrell Place or in close proximity to the site;
Environment and Sustainability:
 A requirement the Site to be connected to a District Heat Network should one
become available and the connection be feasible;

Employment and Training:


 An Employment and Skills Plan
 Notification of vacancies
 Trainee/apprenticeship placements (one trainee/ apprentice per 10
construction workers on site)
 Financial contribution for support coordination, identification and preparation
of local labour in construction initiatives prior to commencement of
development
 (£2,500 per £1m of capital construction costs)
 Accredited training
Page 213

Other:
 Monitoring cost capped at 5% of the total value of the above financial
obligations (subject to agreement on TfL docking station contribution);
 A financial contribution to remove and reinstatement of the public street lights
along Dorrell Place before and after construction works.

Clause:
 The hotel accommodation hereby approved shall be retained in a single
planning unit and shall not be subdivided into independent residential units for
the purpose of management or sale. The rooms shall not be occupied other
than by hotel visitors on a short stay basis (no greater than 3 months).

Community Infrastructure Levy (CIL)


The Lambeth CIL contribution is estimated, on the basis of information supplied
with the planning application, with the majority of a future CIL receipt being
applied towards Borough infrastructure needs as contained in the published CIL
Regulation 123 List, which defines what CIL may be spent on. 25% of the CIL
receipt, would be applied towards local neighbourhood spend, in the Upper
Lambeth Cooperative Local Investment Plan (CLIP) in which the Development
is located. Local neighbourhood funding from CIL may be applied to
infrastructure needs in line with the CIL Regulation 123 List, or to anything else
that is concerned with addressing the demands that the Development places
on an area.
The application site is located in Lambeth CIL charge Zone C – Streatham,
West Norwood, Streatham Hill, Tulse Hill, Brixton and Herne Hill. No charges
are applicable to hotel accommodation. As such, a nil charge is applicable.
Allocation of CIL monies to particular infrastructure projects is not a matter for
consideration in the determination of planning applications. Separate
governance arrangements are in place for Borough Infrastructure needs, and
locally through the Cooperative Local Investment Plan initiative.
The London Mayoral CIL would however be applicable. A charge of £35 per
sqm would apply to the proposed development. The London Mayoral CIL would
be applied towards the cost of Crossrail.
Page 214

7 CONCLUSION
7.1 The proposed redevelopment of the site and the part change of use from retail
floorspace and public house floorspace would provide for a 96 room hotel. The
principle of the proposed land use and the quantum of development is
considered acceptable and appropriate for Brixton Town Centre, which has
excellent access to public transport and numerous visitor attractions. Despite the
loss of retail floorspace on the upper floors of the building, the remaining retail
unit would remain viable and would provide active frontages at ground floor level
within a primary shopping area. Similarly whilst the public house would be
reduced in size the lost floorspace would be back-of-house functions and would
not compromise its viability and continued contribution to the night time economy
in the town centre.
7.2 The development would not detrimentally impact upon neighbouring properties’
amenity, nor on local environmental conditions. The building has been designed
to achieve excellent sustainability and energy saving standards, whilst risk can
be mitigated and air quality would not be adversely affected.
7.3 The development is considered to be appropriate in its siting, scale, form and
detailed design, noting that despite its additional height, it would integrate well
with the adjacent and wider urban context and would not cause harm to any
surrounding heritage assets. Were it to be concluded that less than substantial
harm would be caused, this harm would be appropriately offset by sufficient
public benefits that the Development would provide.
7.4 The Development would provide acceptable standards of visitor accommodation,
allowing for appropriate levels of accessible rooms for all users, and would not
detrimentally impact upon the local transport and highways network.
Furthermore, the Development would provide employment and training benefits
for local people during the construction phase and in the end use of the Site.
7.5 Officers consider the Development would be in accordance with the
Development Plan for the Borough, subject to planning obligations and
conditions. Officers therefore recommend approval of the Development subject
to conditions and the completion of a Section 106 Agreement.

8 RECOMMENDATION
8.1 Resolve to grant conditional planning permission subject to completion of an
agreement under Section 106 of the Town and Country Planning Act 1990 for
the planning obligations listed in this report.
8.2 Agree to delegate authority to the assistant Director of Planning and
Development to finalise the recommended conditions and to finalise the s106
legal agreement as set out in this report.
8.3 In the event that the committee resolves to refuse planning permission and there
is a subsequent appeal, delegated authority is given to officers, having regard to
the heads of terms set out in the report, to negotiate and complete a document
containing obligations pursuant to Section 106 of the Town and Country Planning
Act 1990 in order to meet the requirements of the Planning Inspector.
Page 215

CONDITIONS
Standard Conditions

Time Period
1 The development to which this permission relates must begin no later than three
years from the date of this decision notice.

Reason: To comply with the provisions of Section 91 of the Town and Country
Planning Act 1990.

Approved Plans
2 The development hereby permitted shall be carried out in complete accordance
with the approved plans and drawings listed in this decision notice, other than
where those details are altered pursuant to the conditions of this planning
permission.
Page 216

Reason: For the avoidance of doubt and in the interests of proper planning.
Design and Detailing
3 Prior to commencement of development above ground level and notwithstanding
the details shown on the drawings hereby approved, detailed construction
drawings to a scale of 1:10 (unless otherwise stated) including the following items
shall be submitted to and approved in writing by the Local Planning Authority.
The development shall not be carried out other than in accordance with the
approved details unless otherwise agreed in writing by the Local Planning
Authority.
i. Details including section plans of the recessed vertical glazing entrances
at 452-456 Brixton Road and the new hotel elevation on 1-9 Dorrell Place.
ii. Construction details of all external elements (including sections). This
should include: entrances and exits, louvres, glazing, masonry, roof, plant and
plant screening, health and safety systems;
iii. Details (including fixings) of the location and position of all rain water
goods, their location and position on the building;
iv. Details of all ground floor glazing on Dorrell Place that facilities an active
frontage (where the interior can be viewed from Dorrell Place) to this elevation;
v. Detailed Drawings of all external construction detailing (including
sections) and including brickwork (including feature brickwork), windows
(including the nature of the glazing – back-painted etc) and doors, cills, parapets,
copings, rain water pipes, vents and extracts, louvers and grilles, plant
enclosures etc;
vi. Detailed drawings showing the reinstatement of the roof parapet to nos.
452-456 Brixton Road.
Reason: To ensure a high quality standard of development and to safeguard and
enhance the character and appearance of this part of the Brixton Conservation
Area and the setting of the adjoining listed building in particular, and the visual
amenities of the locality in general in accordance Policies Q2, Q5, Q7, Q8, Q20,
Q22 and Q23 of the Lambeth Local Plan (2015).

4 Prior to commencement of development above ground level and


notwithstanding the details shown on the drawings hereby approved, a sample
panel shall be built on site showing general brickwork bonding and pointing,
any special brickwork features, ground floor glazing and first floor glazing. The
development shall not be carried out other than in accordance with the
approved details unless otherwise agreed in writing by the Local Planning
Authority.

Reason: To ensure a high quality standard of development and to safeguard


and enhance the character and appearance of this part of the Brixton
Conservation Area and the setting of the adjoining listed building in particular,
and the visual amenities of the locality in general in accordance Policies Q2,
Q5, Q7, Q8, Q20, Q22 and Q23 of the Lambeth Local Plan (2015).
Page 217

5 Prior to commencement of development and notwithstanding the details shown


on the drawings hereby approved, a schedule and samples of all materials to be
used in the external elevations (brickwork, cladding, copping etc;) shall be
submitted and approved in writing by the Local Planning Authority. The
development shall not be carried out other than in accordance with the approved
materials and details unless otherwise agreed in writing by the Local Planning
Authority.
Reason: To ensure that the external appearance of the building is satisfactory
and to protect the privacy of adjoining occupiers (Policies Q5 and Q7 of the
London Borough of Lambeth Local Plan 2015).

6 Notwithstanding, the plans hereby approved, details of the external staircase


and any associated structures, roof-top plant enclosure and/or lift overrun
including its location, height above roof level and material specifications and
cladding shall be submitted to and approved in writing by the Local Planning
Authority prior to any works above ground level commencing on site. The
development shall be carried out strictly in accordance with the details so
approved and shall be maintained as such thereafter.

Reason: To ensure a high quality standard of development and to safeguard


and enhance the visual amenities of the locality, the character and appearance
of the Conservation Area and to preserve the setting of the surrounding locally
listed statutory listed buildings (Policies 7.4, 7.6 and 7.8 of the London Plan
(2016) and Policies Q2, Q5, Q7, Q8, Q20, Q22 and Q23 of the London
Borough of Lambeth Local Plan (2015)).

7 No pipes or vents (including gas mains and boiler flues) shall be constructed on
the external elevations of the building unless they have first been submitted to
the Local Planning Authority and approved in writing. Any pipes and vents shall
be installed as approved.

Reason: To ensure a high quality standard of development and to safeguard


and enhance the visual amenities of the locality, the character and appearance
of the Conservation Area and to preserve the setting of the surrounding locally
listed statutory listed buildings (Policies 7.4, 7.6 and 7.8 of the London Plan
(2016) and Policies Q2, Q5, Q7, Q8, Q20, Q22 and Q23 of the London
Borough of Lambeth Local Plan (2015)).
Page 218

8 Prior to the commencement of the use hereby permitted, details of waste and
recycling storage for the hotel and retail unit shall be submitted to and approved
in writing by the local planning authority. The waste and recycling storage shall
be provided in accordance with the approved details prior to the commencement
of the use hereby permitted, and shall thereafter be retained solely for its
designated use. The waste and recycling storage areas/facilities should comply
with the Lambeth’s Refuse & Recycling Storage Design Guide (2013), unless it
is demonstrated in the submissions that such provision is inappropriate for this
specific development.
Reason: To ensure suitable provision for the occupiers of the development, to
encourage the sustainable management of waste and to safeguard the visual
amenities of the area (policies Q2 and Q12 of the London Borough of Lambeth
Local Plan (2015)).

Construction and Demolition


9 The development shall not begin until provision has been made to accommodate
all site operatives', visitors' and construction vehicles loading, off-loading,
parking and turning within the site or otherwise during the construction period in
accordance with the approved details. The details of the approved Method of
Construction Statement must be implemented and complied with for the duration
of the demolition and construction process.
Reason: To ensure minimal nuisance or disturbance is caused to the detriment
of the amenities of adjoining occupiers and of the area generally, and to avoid
unnecessary hazard and obstruction to the public highway (Policies EN4, EN7 &
T8 of the Lambeth Local Plan 2015).

10 No development shall commence until a finalised Construction and


Environmental Management Plan (CEMP) has been submitted to and approved
in writing by the local planning authority. The CEMP shall include details of the
following relevant measures:

a) An introduction consisting of construction phase environmental


management plan, definitions and abbreviations and project description and
location;
b) Information on environmental management;
c) A description of management responsibilities;
d) A description of the demolition and construction programme;
e) Site working hours and a named person for residents/businesses to
contact;
f) Detailed Site logistics arrangements;
g) Temporary works requirements;
h) Advance notification of road/railway closures;
i) Details regarding parking, deliveries, and storage;
j) Details regarding dust mitigation;
k) Details of measures to prevent the deposit of mud and debris on the
public highway;
Page 219

l) Details of the hours of works and other measures to mitigate the impact of
construction on the amenity of the area. The hours of deliveries associated with
construction activity should work around peak hours; and
m) Any other measures to mitigate the impact of construction upon the
amenity of the area and the function and safety of the highway network;
n) Communication procedures with the LBL and local community
regarding key construction issues - newsletters, fliers etc.; and
o) Established environmental monitoring and control measures (where
appropriate) _with respect to:
- Air Quality;
- Noise and Vibration;
- Water;
- Fuel and Chemicals;
- Waste Management;
- Worksite Housekeeping;
- Electricity and Lighting;
- Traffic Management and Site Access;
- Operations Likely to Result in Disturbance;
- Site Layout Arrangements with respect to temporary works, plans for storage,
accommodation, vehicular movement, delivery and access;
- Materials;
- Contaminated Land (methodology for handling unsuspected contaminated
land encountered during ground/excavation works and confirmation that no
unsuspected contamination has been found during groundwork’s/excavation
phase);
- Ecology;
- Vermin Control;
- Public Relations - procedures ensuring that communication is maintained with
the LBL and the community and also provisions for affected parties to register
complaints and a means of replying to these complaints;
- An overview of environmental incidents;
- A description of relevant documentation and records;
- Environmental inspections and reviews; and
- Housekeeping and general site management, materials storage and handling,
waste management, recycling and disposal.
p) Details of temporary street lighting and CCTV installed along Dorrell Place

Evidence of and details related to consultation with local residents on the


CEMP to be submitted shall be included within the submission. The
construction shall thereafter be carried out in accordance with the details and
measures approved in the CEMP for the related phase, unless the written
consent of the Local Planning Authority is received for any variation.

Reason: This is required prior to construction to avoid hazard and obstruction


being caused to users of the public highway and to safeguard neighbouring
amenity during the whole of the construction period. (Policies EN4, EN7, D1,
PN3, T6 and Q2 of the Lambeth Local Plan (2015)).
Page 220

Mechanical Plants
Layout
11 Prior to the commencement of building works above ground level of the relevant
part of the development, full details of any internal and external plant equipment
and trunking, including building services plant, ventilation and filtration
equipment and commercial kitchen exhaust ducting / ventilation, shall be
submitted to and approved in writing by the Local Planning Authority. All flues,
ducting and other equipment shall be installed in accordance with the approved
details prior to the use commencing on site and shall thereafter be maintained in
accordance with the manufacturer's instructions.
Reason: To ensure that no nuisance or disturbance is caused to the detriment of
the amenities of future residential occupiers or of the area generally (Policy Q2
of the Lambeth Local Plan 2015).
12 Prior to the commencement of the use hereby permitted, details and full
specifications of fume extraction equipment installed in all the commercial
premises (hotel and bar) shall be submitted to and approved in writing by the
local planning authority. The development shall be completed in accordance
with the approved details and specification and the use of the commercial
premises shall not commence until the approved fume extraction equipment has
been installed and is fully operational. The approved fume extraction equipment
shall thereafter be retained and maintained in accordance with manufacturer’s
instructions.
Reason: To ensure appropriate appearance of the completed development; to
preserve or enhance the character and appearance of the Conservation Area
and; to ensure that no nuisance or disturbance is caused to the detriment of the
amenities of adjoining occupiers or to the area generally ((Policies Q2, Q5 Q7
and Q22 of the London Borough of Lambeth Local Plan (2015).
Noise
13 The use hereby permitted, or the operation of any building services plant, shall
not commence until an assessment of the acoustic impact arising from the
operation of all internally and externally located plant has been submitted to and
approved in writing by the local planning authority.
The assessment of the acoustic impact shall be undertaken in accordance with
BS 4142: 2014 (or subsequent superseding equivalent) and current best
practice, and shall include a scheme of attenuation measures to ensure the rating
level of noise emitted from the proposed building services plant is 3 dB less than
background.
The use hereby permitted, or the operation of any building services plant, shall
not commence until a post-installation noise assessment has been carried out to
confirm compliance with the noise criteria. The scheme shall be implemented in
accordance with the approved details and attenuation measures, and they shall
be permanently retained and maintained in working order for the duration of the
use and their operation.
Reason: To ensure that no nuisance or disturbance is caused to the detriment of
the amenities of future occupiers (Policy Q2 of the Lambeth Local Plan (2015)).
Page 221

14 Prior to the commencement of development a scheme of noise and vibration


attenuation shall be submitted to and approved in writing by the Local Planning
Authority. The scheme shall achieve the habitable room standard as detailed in
BS8233:2014 with no relaxation for exceptional circumstances and must include
details of post construction validation. The approved noise and vibration
attenuation measures shall thereafter be retained and maintained in working
order for the duration of the use in accordance with the approved details.
Reason: To ensure that no nuisance or disturbance is caused to the detriment of
the amenities of future occupiers (Policy Q2 of the Lambeth Local Plan (2015)).
Amplified sound
15 There shall be no amplified sound, speech or music used in connection with the
premises hereby approved which is substantially audible above background
noise levels when measured outside the nearest residential property.
Reason: To protect the amenities of future visitors staying at the Hotel and the
surrounding residential occupiers (Policies ED12 and Q2 of the Lambeth Local
Plan (2015)).
Flooding and Drainage
16 No development shall take place until details of the final drainage strategy has
been submitted to and approved by the local planning authority. The scheme
shall be implemented and thereafter managed and maintained in accordance
with the approved details. Those details shall include:
i. the final surface water drainage design to scale, showing all connections,
Reason: To manage the water environment of the development and mitigate the
impact on flood risk, water quality, habitat and amenity value (policies EN5 and
EN6 of the London Borough of Lambeth Local Plan (2015) and policies 5.12 and
5.13 of the London Plan (2016).
Energy and Sustainability
17 The development shall be implemented in accordance with the approved Energy
Strategy (dated 20/09/2016) and shall not commence until full Design Stage
calculations under the National Calculation Method have been submitted to and
approved in writing by the Local Planning Authority to show that the development
would be constructed in accordance with the approved Energy Strategy and
achieve at least a 35% reduction in carbon dioxide emissions over that required
by Part L of the Building Regulations 2013.
Prior to first occupation of the building(s) evidence (e.g. photographs, installation
contracts and as-built certificates under the National Calculation Method) should
be submitted to the Local Planning Authority and approved in writing to show that
the development has been constructed in accordance with approved Energy
Strategy and achieved at least a 35% reduction in carbon dioxide emissions over
that required by Part L of the Building Regulations 2013.
Reason: To ensure that the development makes the fullest contribution to
minimising carbon dioxide emissions in accordance with London Plan (2016)
Policy 5.2 and London Borough of Lambeth Local Plan (2015) Policy EN3.
Page 222

18 Within 3 months of first occupation of the Development, BREEAM UK New


Construction 2014 and BREEAM Non-Domestic Refurbishment and Fit-Out 2014
(or such equivalent standard that replaces this) Post Construction Review
certificates and summary score sheets must be submitted to and approved in
writing by the Local Planning Authority to show that an Excellent rating has been
achieved. All the measures integrated shall be retained for as long as the
development is in existence.

Reason: To ensure that the development has an acceptable level of


sustainability (Policy EN4 of the London Borough of Lambeth Local Plan 2015).

19 No non-road mobile machinery (NRMM) shall be used on the site unless it is


compliant with the NRMM Low Emission Zone requirements (or any superseding
requirements) and until it has been registered for use on the site on the NRMM
register (or any superseding register).
Reason: To ensure that air quality is not adversely affected by the development
in line with London Plan policy 7.14 and the Mayor’s SPG: The Control of Dust
and Emissions during Construction and Demolition.

20 Prior to the installation of the green roof, a detailed specification of the green
roof shall be submitted to and approved in writing by the local planning
authority. The specification shall include details of the quantity, size, species,
position and the proposed time of planting of all elements of the green roof to
extend over all flat roof areas of the buildings, together with details of their
anticipated routine maintenance and protection. The green roof shall only be
installed and thereafter maintained in accordance with the approved details.

To ensure a high quality standard of development and to safeguard and


enhance the visual amenities of the locality, the character and appearance of
the Conservation Area and to preserve the setting of the surrounding locally
listed statutory listed buildings and to ensure that the development has an
acceptable level of sustainability and biodiversity and to mitigate the impact on
flood risk (Policies 5.1, 5.2, 5.3, 5.10, 5.11, 7.4, 7.6 and 7.8 of the London Plan
(2016) and Policies EN1, EN4, EN5, EN6, Q2, Q8, Q9, Q20, Q22 and Q23 of
the Lambeth Local Plan (2015)).

21 If within 5 years of the installation of the green roof any planting forming part of
the green roof shall die, be removed, or become seriously damaged or
diseased, then either this planting shall be replaced in the next planting season
with planting of a similar size and species.

Reason: To safeguard the visual amenities of the area and to ensure that the
development has an acceptable level of sustainability and biodiversity and to
mitigate the impact on flood risk (Policies 5.1, 5.2, 5.3, 5.10 and 5.11 of the
London Plan (2016) and Policies EN1, EN4, EN5, EN6, Q2, Q8 and Q9 of the
Lambeth Local Plan (2015)).
Page 223

Permitted Development Rights Removal

22 Notwithstanding the provisions of the Town and Country Planning (Use


Classes) Order 1987 (as amended) or the Town and Country Planning
(General Permitted Development) Order 2015 (as amended) (or any orders
revoking and re-enacting those orders with or without modification)

 the part of the building(s) hereby approved as Hotel (Use Class C1) shall not be
used for any purpose other than for purposes that fall within Use Classes C1 in
the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as
amended) and;
 the part of the building(s) hereby approved as retail (Use Class A1) shall not be
used for any purpose other than for purposes that fall within Use Classes A1 in
the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as
amended);
 and the part of the building(s) hereby approved as public house (Use Class A4)
shall not be used for any purpose other than for purposes that fall within Use
Classes A4 in the Schedule to the Town and Country Planning (Use Classes)
Order 1987 (as amended).
Reason: To ensure that no nuisance or disturbance is caused to the detriment of
the amenities of adjoining occupiers or users of the area generally and to ensure
that an active frontage is retained on Brixton Road and in Dorrell Place to
maintain the vitality and viability of the town centre in accordance with Policies
ED6, ED8, ED12 and Q2 of the London Borough of Lambeth Local Plan (2015)
and Policies 2.5, 4.1, 4.5 and 7.15 of the London Plan (2016)).

23 No demolition shall take place unless and until a contract for the associated re-
development of the entire site, including the railway arches, in accordance with
the planning permission hereby approved has been secured and submitted to
and agreed by the Local Planning Authority.

REASON: To prevent premature demolition and resulting impact of a vacant


site on the character and appearance of the surrounding area. (Policies 7.4, 7.6
and 7.8 of the London Plan (2016) and Policies Q2, Q5, Q7, Q8, Q20 and Q22
of the London Borough of Lambeth Local Plan (2015)).
Public House Conditions

24 The proposed A4 public house as shown on plans ref. (3921-SK-35 RevA and
3921-SK-36 RevA) shall be physically separated and shall not be accessed by
customers from within the main hotel building (C1 Use Class) and shall remain
as an independent public house (A4 Use Class) for the duration of the
development.

Reason: To retain a viable public house on the site and retain a hub for social
interaction and contribute to the character and identity of the area in accordance
with Policy ED8 of the Local Plan (2015).
Page 224

25 Notwithstanding the plans hereby approved, prior to the commencement of


works above ground level of the development hereby permitted, details of the
layout of the public house shall be submitted to and approved in writing by the
local planning authority. The layout of the public house shall show the location
and size of the public house area and include details of wheelchair accessible
toilets. The development shall not be carried out other than in accordance with
the approved details and shall be used as approved for the duration of the
development unless otherwise agreed in writing by the Local Planning
Authority.

Reason: To retain a viable public house on the site and to secure inclusive
access for disabled people, elderly people and people with mobility constraints
and to ensure that the development achieves the highest standards of
accessibility and inclusive design, in accordance with Policies Q1 ED8 and
ED12 of the Lambeth Local Plan (2015) and Policies 4.5 and 7.2 of the London
Plan (2016).

26 Notwithstanding the approved plans, full details including a floor plan and
elevations at a scale of 1:20 of any outdoor seating area and any proposed
landscaping of the public House (A4 Use Class) shall be submitted to and
approved in writing by the local planning authority. The development shall not
be carried out other than in accordance with the approved details and shall be
used as approved for the duration of the development unless otherwise agreed
in writing by the Local Planning Authority.

Reason: To ensure that adequate footway is retained around the site so as to


prevent obstruction to passing pedestrians as well as safeguarding public
safety and in the interests of visual amenity of the surrounding area. (Policies
Q1, Q2, Q15, Q22, T2, T3, T6 of the Lambeth Local Plan (2015) and Policies
6.3, 6.9, 6.10 and 7.2 of the London Plan (2016)).
Hotel Conditions
27 Notwithstanding the approved plans, at least 10 rooms of the 96 hotel rooms
within the hotel accommodation shall be built so as to be wheelchair accessible
and shall be retained as such for the duration of the permitted use, unless
otherwise agreed in writing by the local planning authority.
Reason: To secure inclusive access for disabled people, elderly people and
people with mobility constraints and to ensure that the development achieves the
highest standards of accessibility and inclusive design, in accordance with
Policies Q1 and ED12 of the Lambeth Local Plan (2015) and Policies 4.5 and 7.2
of the London Plan (2016).

28 The hotel accommodation hereby approved shall be retained in a single


planning unit and shall not be subdivided into independent residential units for
the purpose of management or sale. The rooms shall not be occupied other
than by hotel visitors on a short stay basis (no greater than 3 months).

REASON: To ensure that the facility remains in use as hotel accommodation in


accordance with Policies Q1 and ED12 of the Lambeth Local Plan (2015) and
Policies 4.5 and 7.2 of the London Plan (2016).
Page 225

29 A Hotel Management Plan shall be submitted to and approved by the Local


Planning Authority prior to the hotel use first commencing. The management
plan shall contain details of:

i) A full dispersal policy and procedure;


Door policy;
ii) Signs to request patrons to leave in a quiet manner and not to loiter in the
street outside;
iii) Servicing and delivery times/arrangements;
iv) Bottling out and waste management noise and times;
v) Control of noise from any designated smoking areas;
vi) Control of noise from amplified music within the building;
vii) Close down policy with gradual lowering of music volume and
viii) increasing of lighting;
ix) Security and any proposed CCTV;
x) Lighting (and security lighting);
xi) Capacity (of each use);
xii) Visitor Accommodation Operation;
xiii) Phasing of closure of uses (i.e. operating hours of individual uses within the
site);
xiv) Private hire functions;
xv) An enforcement strategy for dealing with any breaches of the scheme;
xvi) Coach parking arrangements; and
xvii) Any other relevant operation of the site.

Retail Unit Conditions


30 The ground floor and basement level retail unit (Class A1) hereby approved
shall be permanently retained as a single commercial unit and shall not be
subdivided into two or more units without the prior written consent of the Local
Planning Authority.

Reason: To allow the Local Planning Authority to monitor land use and in order
to retain the quality and range of differently sized shopping floor-space to
enhance the viability of Brixton Town Centre (PN3, ED6 and ED10 of the
Lambeth Local Plan (2015)).

31 The window glass of all ground floor retail units shall not be painted, tinted or
otherwise obscured and no furniture or fixings which may obscure visibility
above a height of 1.4m above finished floor level shall be placed within 2.0m of
the inside of the window glass.

REASON: In the interest of securing passive surveillance of the street, an


appropriate street frontage appearance and preventing the creation of
dead/inactive frontages (PN3, ED6 and ED10 of the Lambeth Local Plan
(2015)).
Page 226

Transport and Servicing


32 The development hereby approved shall be operated in accordance with the
submitted Delivery and Servicing Management details within the Transport
Assessment Addendum (dated April 2017), and shall be maintained as such for
the duration of the use.
Reason: To ensure minimal nuisance or disturbance is caused to the detriment
of the amenities of adjoining occupiers and of the area generally, and to avoid
unnecessary hazard and obstruction to the public highway (Policies EN4, EN7,
and T8 of the London Borough of Lambeth Local Plan 2015).
35 No deliveries to the premises hereby permitted shall take place other
than within the following times:
- 06:30 Hours to 20:00 Hours – All week.
Reason: To ensure that the delivery arrangements to the building as a whole are
appropriate and to limit the effects of the increase in travel movements and
impacts on neighbouring amenity (Policies Q2 and T8 of the London Borough of
Lambeth Local Plan 2015).
33 A Travel Plan shall be submitted to and approved in writing by the Local Planning
Authority prior to the uses hereby permitted commencing. The measures
approved in the Travel Plan shall be implemented prior to the uses hereby
permitted commencing and shall be so maintained for the duration of the use,
unless the prior written approval of the Local Planning Authority is obtained to
any variation.
Reason: To ensure that the travel arrangements to the site are appropriate and
to limit the effects of the increase in travel movements (London Plan 2016)
Policies 6.3 and 6.13, and London Borough of Lambeth Local Plan 2015 Policy
T7)

34 There shall be no refuse or recycling stored on the public footway surrounding


the application site on Brixton Road, Dorrell Place and Nursery Road other than
on the designated collection days.

Reason: To avoid obstruction of the surrounding streets as well as


safeguarding public safety. (Policies Q2, T1, T2, T3, T6 and EN7 of the
Lambeth Local Plan (2015) and Policies 6.3, 6.9 and 6.10 of the London Plan
(2016))

35 The development hereby permitted shall not be occupied until full details of the
following items have been submitted to and approved in writing by the local
planning authority:

a) Full details of coach parking facilities in the vicinity of the site and how the
location of coach parking facilities within the nearby area would be identified
and communicated to coach drivers and those parties travelling by coach to the
hotel.

b) Full details of how the location of a disabled parking bay would be


communicated to visitors of the hotel;
Page 227

Reason: To ensure that satisfactory attention is given to the provision of


parking for disabled people and for the provision of coach parking and to
prevent obstruction of the surrounding highway network (Policies Q1, ED11,
PN3, T4, T6, T7 and T8 of The Local Plan (2015) and Policies 4.5, 6.3, 6.8, 6.9,
6.10, 6.11, 6.12, 6.13 and 7.2 of the London Plan (2016)).

36 Prior to the commencement of the development hereby permitted, details of the


provision to be made for cycle parking and details of cycle access from the
highway shall be submitted to and approved in writing by the Local Planning
Authority. The submitted details shall provide a minimum of 10 secure, covered
cycle parking spaces to include 1 long-stay space and 1 short-stay space for
the A1 Use, 1 long-stay space and 4 short-stay spaces for the A4 Use and 4
long-stay spaces and 2 short-stay spaces for the C1 Use. The cycle parking
shall thereafter be implemented in full in accordance with the approved details
before the use hereby permitted commences and shall thereafter be retained
solely for its designated use.

Reason: The details are required before work starts, to ensure adequate cycle
parking is available on site and to promote sustainable modes of transport
before any works are undertaken. (Policy 6.9 of the London Plan (2016) and
Policies T3 and Q13 of the Local Plan (2015) and the supplementary planning
document Building Alterations and Extension (2015).

37 No development works shall commence until such time as a Coach and Taxi
Management Plan has been submitted to and approved in writing by the Local
Planning Authority. The development shall be operated in accordance with the
approved plan thereafter, unless otherwise agreed in writing with the Local
Planning Authority.

Reason: To minimise the impacts of the development upon local amenity and
the function and safety of the surrounding highway (Policies D1, PN3, T4, T6,
T8, T9 and Q2 of the Lambeth Local Plan (2015)).
Page 228

Secured by Design
38 The development shall be constructed and operated (including all approved uses
of A1, A4 and C1) thereafter to ‘Secured by Design Standards’. A certificate of
accreditation to Secured by Design Standards shall be submitted to the Local
Planning Authority for approval in writing prior to the occupation of the
development.
Reason: To ensure that the development maintains and enhances community
safety (Policy Q3 of the London Borough of Lambeth Local Plan 2015).
39 Prior to the occupation and use of the development hereby permitted, a Crime
Prevention Strategy Plan shall be submitted to and approved in writing by the
Local Planning Authority. The use hereby permitted shall thereafter be operated
in accordance with the approved details. The submitted details would be include
the following:
a) Location and management of all CCTV cameras;
b) How the operation and management of the facilities would be reduce the risks
of crime and enhance community safety.
Reason: To ensure that the development maintains and enhances community
safety (Policy Q3 of the London Borough of Lambeth Local Plan 2015).
40 Prior to commencement of the use of the development hereby permitted, a
detailed assessment of a lighting scheme must be submitted to and approved in
writing by the Local Planning Authority. The assessment must demonstrate that
the impact of the proposed scheme complies with the Institute of Lighting
Professional’s Guidance notes for the reduction of obstructive light and
appropriate mitigation measures must be designed by a suitably qualified person
in accordance with the recommendations to ensure compliance with
environmental zone E4 in the ILP document “Guidance Notes for the Reduction
of Obtrusive Light GN01:2011.
41 Before commencement of operation of the approved lighting scheme the
applicant shall appoint a suitably qualified person to validate that the lighting
scheme as installed conforms to the recommendations for environmental zone
E4 in the ILP document “Guidance Notes for the Reduction of Obtrusive Light
GN01:2011”.
Reason: To ensure minimal nuisance or disturbance is caused to the detriment
of the amenities of adjoining occupiers and of the area generally (Policy Q2 of
the London Borough of Lambeth Local Plan 2015).
Page 229

42 No piling shall take place until a piling method statement (detailing the depth and
type of piling to be undertaken and the methodology by which such piling would
be carried out, including measures to prevent and minimise the potential for
damage to subsurface sewerage infrastructure, and the programme for the
works) as well as addressing any potential risk to groundwater has been
submitted to and approved in writing by the local planning authority in
consultation with Thames Water. Any piling must be undertaken in accordance
with the terms of the approved piling method statement.
Reason: The proposed works would be in close proximity to underground
sewerage utility infrastructure. Piling has the potential to impact on local
underground sewerage utility infrastructure. Also, to ensure appropriate
management of the potential risks associated with the use of piling where
contamination is an issue (Policies 5.14 and 5.21 of the London Plan)

43 The development shall be carried out in accordance with the Flood Risk
Assessment ref ‘3299 FRA & SWDS’ dated July 2017.
Reason: To avoid hazard in relation to land stability and increased flood risk
caused by the basement excavation (Paragraph 121 of the National Planning
Policy Framework 2012 and Policy EN5 of the Lambeth Local Plan (2015).

44 No development shall take place until a Basement Construction Method


Statement and Flood risk Assessment have been submitted to and approved in
writing by the Local Planning Authority. This statement shall include details
regarding:

a) Detailed site specific analysis of hydrological and geotechnical local


ground conditions
b) Analysis of how the excavation of the basement may impact on the
water table and any groundwater flow, and whether water perched is present
c) Details of how flood risk, including risk from groundwater and surface
water flooding has been addressed in the design, including details of any
proposed mitigation measures
d) Details of measures proposed to mitigate any risks in relation to land
instability
e) Demonstration of how cumulative effects have been considered

The development shall thereafter be carried out in accordance with the details
and measures thus approved in the Basement Construction Method Statement
and Assessment.

Reason: Development must not commence before this condition is discharged to


avoid hazard in relation to land instability and increased flood risk caused by the
basement excavation (Paragraph 121 of the National Planning Policy Framework
2012 and Policy EN5 of the Lambeth Local Plan ((2015)).
Page 230

INFORMATIVES
1. This decision letter does not convey an approval or consent which may be
required under any enactment, by-law, order or regulation, other than Section 57
of the Town and Country Planning Act 1990.
2. Your attention is drawn to the provisions of the Building Regulations, and related
legislation which must be complied with to the satisfaction of the Council's
Building Control Officer.
3. You are advised to consult the Council's Environmental Health Division
concerning compliance with any requirements under the Housing, Food, Safety
and Public Health and Environmental Protection Acts and any by-laws or
regulations made there under.
4. Your attention is drawn to the provisions of The Party Wall Act 1996 in relation
to the rights of adjoining owners regarding party walls etc. These rights are a
matter for civil enforcement and you may wish to consult a surveyor or architect.
5. You are advised of the necessity to consult the Council's Streetcare team within
the Public Protection Division with regard to the provision of refuse storage and
collection facilities.
6. You are advised of the necessity to consult the Council’s Highways team prior to
the commencement of construction on 020 7926 9000 in order to obtain
necessary approvals and licences prior to undertaking any works within the
Public Highway including Scaffolding, Temporary/Permanent Crossovers,
Oversailing/Undersailing of the Highway, Drainage/Sewer Connections,
Hoarding, Excavations (including adjacent to the highway such as basements,
etc), Temporary Full/Part Road Closures, Craneage Licences etc.
7. Regarding construction management, please note the comments received by LB
Lambeth Officers, TfL who advised that clarity is required on routes that would
be used during the construction phase of the development given the potential
impact on red-route roads. Furthermore, HGV vehicles should avoid peak hours
when using Southwark roads. It is further advised by TfL that all construction
measures should be implemented in partnership with the Nine Elms Construction
Logistics Co-ordination Team. You are advised to contact Nick Greaves (020
7926 0331 and NGreaves@lambeth.gov.uk) at the LB Lambeth to discuss the
final construction management plan regarding:
- Enabling works – Licences (Hoarding/Scaffold/Fence/Crane/Cherry
Picker/Mobile tower/hoist), Temporary restrictions (TTRO’s) required
to facilitate construction and any temporary access requirements
(Crossovers).
- Highways Investment under Section 278/38 of the Highways Act 1980
– The applicant should be made aware that only our approved term
contractor works on the public highway, therefore any S278/S38
projects need to be programmed in advance to avoid delays when it
comes to construction.
Page 231

8. You are advised that this permission does not authorise the display of illuminated
advertisements at the premises and separate consent may be required from the
Local Planning Authority under the Town and Country Planning (Control of
Advertisements) Regulations 1992.
9. The Environment Agency strongly recommends that the applicant consults their
Pollution Prevention Guidance notes (PPGs). These are aimed at a wide range
of industries and activities that have the potential to cause pollution. They can be
downloaded from their website (www.environment-agency.gov.uk)

10 The scheme hereby approved does not suggest the installation of external
rollershutters to any entrances or ground floor glazed shopfronts, hotel
entrance or public house. The applicant is advised that the council would
consider the installation of external rollershutters to be a material alteration to
the scheme and therefore constitute development. Should external
rollershutters be proposed a new planning application must be submitted for
the council’s formal consideration.

11 Of particular importance the Council will expect all ground floor louvered doors
to be in steel.
12 For information on the NRMM Low Emission Zone requirements and to register
NRMM, please visit “http://nrmm.london/”.
Network Rail Informative
13 The Developer must ensure that their proposal, both during construction and after
completion of works on site, does not:

 encroach onto Network Rail land


 affect the safety, operation or integrity of the company’s railway and its
infrastructure
 undermine its support zone
 damage the company’s infrastructure
 place additional load on cuttings
 adversely affect any railway land or structure
 over-sail or encroach upon the air-space of any Network Rail land
 cause to obstruct or interfere with any works or proposed works or Network
Rail development both now and in the future

The developer should comply with the following comments and requirements for
the safe operation of the railway and the protection of Network Rail's adjoining
land.

Future maintenance
The development must ensure any future maintenance can be conducted solely
on the applicant’s land. The applicant must ensure that any construction and
any subsequent maintenance can be carried out to any proposed buildings or
structures without adversely affecting the safety of, or encroaching upon
Network Rail’s adjacent land and air-space, and therefore all/any building
should be situated at least 2 metres (3m for overhead lines and third rail)
from Network Rail’s boundary. The reason for the 2m (3m for overhead lines
Page 232

and third rail) stand off requirement is to allow for construction and future
maintenance of a building and without requirement for access to the operational
railway environment which may not necessarily be granted or if granted subject to
railway site safety requirements and special provisions with all associated railway
costs charged to the applicant. Any less than 2m (3m for overhead lines and
third rail) and there is a strong possibility that the applicant (and any future
resident) will need to utilise Network Rail land and air-space to facilitate works.
The applicant / resident would need to receive approval for such works from
Network Rail Asset Protection, the applicant / resident would need to submit the
request at least 20 weeks before any works were due to commence on site and
they would be liable for all costs (e.g. all possession costs, all site safety costs, all
asset protection presence costs). However, Network Rail is not required to grant
permission for any third party access to its land. No structure/building should be
built hard-against Network Rail’s boundary as in this case there is an even
higher probability of access to Network Rail land being required to undertake
any construction / maintenance works. Equally any structure/building erected
hard against the boundary with Network Rail will impact adversely upon our
maintenance teams’ ability to maintain our boundary fencing and boundary
treatments.

Drainage
Storm/surface water must not be discharged onto Network Rail’s property or into
Network Rail’s culverts or drains except by agreement with Network Rail. Suitable
drainage or other works must be provided and maintained by the Developer to
prevent surface water flows or run-off onto Network Rail’s property. Proper
provision must be made to accept and continue drainage discharging from
Network Rail’s property; full details to be submitted for approval to Network Rail
Asset Protection. Suitable foul drainage must be provided separate from Network
Rail’s existing drainage. Soakaways, as a means of storm/surface water disposal
must not be constructed near/within 10 – 20 metres of Network Rail’s boundary
or at any point which could adversely affect the stability of Network Rail’s
property. After the completion and occupation of the development, any new or
exacerbated problems attributable to the new development shall be investigated
and remedied at the applicants’ expense.

Plant & Materials


All operations, including the use of cranes or other mechanical plant working
adjacent to Network Rail’s property, must at all times be carried out in a “fail
safe” manner such that in the event of mishandling, collapse or failure, no
plant or materials are capable of falling within 3.0m of the boundary with
Network Rail.

Scaffolding
Any scaffold which is to be constructed within 10 metres of the railway
boundary fence must be erected in such a manner that at no time will any
poles over-sail the railway and protective netting around such scaffold must
be installed. The applicant/applicant’s contractor must consider if they can
undertake the works and associated scaffold/access for working at height within
the footprint of their property boundary.
Page 233

Piling
Where vibro-compaction/displacement piling plant is to be used in
development, details of the use of such machinery and a method statement
should be submitted for approval to Network Rail Asset Protection prior to
the commencement of works and the works shall only be carried out in
accordance with the approved method statement.

Fencing
In view of the nature of the development, it is essential that the developer provide
(at their own expense) and thereafter maintain a substantial, trespass proof fence
along the development side of the existing boundary fence, to a minimum height
of 1.8 metres. The 1.8m fencing should be adjacent to the railway boundary and
the developer/applicant should make provision for its future maintenance and
renewal without encroachment upon Network Rail land. Network Rail’s existing
fencing / wall must not be removed or damaged and at no point either during
construction or after works are completed on site should the foundations of the
fencing or wall or any embankment therein, be damaged, undermined or
compromised in any way. Any vegetation on Network Rail land and within
Network Rail’s boundary must also not be disturbed. Any fencing installed by the
applicant must not prevent Network Rail from maintaining its own
fencing/boundary treatment.

Lighting
Any lighting associated with the development (including vehicle lights) must not
interfere with the sighting of signalling apparatus and/or train drivers vision on
approaching trains. The location and colour of lights must not give rise to the
potential for confusion with the signalling arrangements on the railway. The
developers should obtain Network Rail’s approval of their detailed proposals
regarding lighting.

Noise and Vibration


The potential for any noise/ vibration impacts caused by the proximity between the
proposed development and any existing railway must be assessed in the context
of the National Planning Policy Framework which hold relevant national guidance
information. The current level of usage may be subject to change at any time
without notification including increased frequency of trains, night time train running
and heavy freight trains.

Vehicle Incursion
Where a proposal calls for hard standing area / parking of vehicles area near the
boundary with the operational railway, Network Rail would recommend the
installation of a highways approved vehicle incursion barrier or high kerbs to
prevent vehicles accidentally driving or rolling onto the railway or damaging lineside
fencing.

Network Rail strongly recommends the developer contacts


AssetProtectionKent&Sussex@networkrail.co.uk prior to any works commencing
on site, and also to agree an Asset Protection Agreement with us to enable
approval of detailed works. More information can also be obtained from our
website at www.networkrail.co.uk/aspx/1538.aspx.
This page is intentionally left blank
Page 235 Agenda Item 7

Address: 516-522 Streatham High Road, London, SW16 3QF

Application Number: 16/05949/FUL Case Officers: Joanne Broadbent / Ben Le Mare

Ward: Streatham South Date Received: 18th October 2016

Proposal:
Redevelopment of the site comprising: 4 storey building, 5 storey building and three basement levels
providing 63 residential units (Class C3 Use) of 17 x 1-bed flats, 37 x 2-bed flats and 9 x 3-bed flats,
8,526 sq.m of self-storage floorspace (Class B8 Use), 168 sq.m of offices (Class B1 Use), car park
spaces, amenity space and associated landscaping.

Drawing numbers:
15009 P1 001; 15009 P1 100; 15009 P1 101; 15009 P1 102; 15009 P1 103; 15009 P1 104; 15009 P1 105;
15009 P1 197; 15009 P1 198; 15009 P1 199; 15009 P1 200; 15009 P1 201; 15009 P1 202; 15009 P1 203;
15009 P1 204; 15009 P1 205; 15009 P1 250; 15009 P1 251; 15009 P1 252; 15009 P1 253; 15009 P1 254;
15009 P2 001; 15009 P2 002; 15009 P2 003; 15009 P3 101; 15009 P3 102; 15009 P3 103; 15009 P3 151;
15009 P3 152; 15009 P3 153; 15009 P4 001; 15009 P4 102; 15009 P4 103; 15009 P4 104.

Documents:
Noise Impact Assessment, SRL Technical Services Ltd, September 2016; Archaeological Desk Based
Assessment, CGMS Consulting, April 2016; BREEAM and BRUKL Assessments, Scott White and Hookins,
September 2016; Area Schedule (Revision N), Collado Collins Architects, July 2016; Construction Phase
Management Plan, McLaren, September 2016; Daylight and Sunlight Report, eb7 Ltd, September 2016; Design
and Access Statement, Collado Collins Architects, September 2016; Drainage Strategy, Curtins, May 2016;
Energy and Renewables Statement, Building Services Design, June 2016; Flood Risk Assessment, Peter Brett
Associates, September 2016; Framework Delivery and Servicing Management Plan, Motion, September 2016;
Landscape Design and Access Statement, Macfarlane and Associates, September 2016; Planning Statement,
Jon Dingle, September 2016; Statement of Community Involvement, Field Consulting, September 2016; Stage
‘C’ Structure Report, Curtins, September 2016; Transport Statement, Motion, September 2016; Residential
Travel Plan, Motion, September 2016; and Viability Appraisals, comprising: Budget Cost Plan ref. 1612 (Sept
2016), Appraisal for commercial units only, HEDCL Ltd, October 2016; Development Appraisal, HEDC Limited,
October 2016; Appraisal with apartments as private sale instead of PRS, HEDC Ltd, February 2017.

RECOMMENDATION:

1. Resolve to grant conditional planning permission subject to the satisfactory completion of an


agreement pursuant to Section 106 of the Town and Country Planning Act 1990 as set out in this
report.

2. Agree to delegate authority of the Director of Planning and Development to:

a. Finalise the recommended conditions as set out in this report; and


b. Negotiate, agree and finalise the planning obligations as set out in this report pursuant to
Section 106 of the Town and Country Planning Act 1990.

3. Delegate authority to the Assistant Director of Planning and Development to refuse planning
permission in the event that the Section 106 Agreement is not completed by 31 October 2017 (or
an alternative timeframe agreed with the LPA) on the grounds that the development would have
an unacceptable impact on – affordable housing; transport and highways; sustainability and local
labour in construction.

4. In the event that the committee resolves to refuse planning permission and there is a
subsequent appeal, delegated authority is given to Officers, having regard to the heads of terms
set out in the report, to negotiate and complete a Section 106 Agreement in order to meet the
requirements of the Planning Inspector.
Page 236

SITE DESIGNATIONS

Relevant site designations


- Local Views - W and SW from Streatham Common to Colliers Wood, Morden, Rose Hill and
Pollards Hill
- Archaeological Priority Area

LAND USE DETAILS

Site area 0.4 ha

Use Class Use Description Floorspace


(Gross Internal Area)
Existing None (cleared site)

Proposed B1(a) Office 168 sq.m


B8 Storage and Distribution 8,526 sq.m
C3 Residential 6,233 sq.m

RESIDENTIAL DETAILS

Residential Type No. of bedrooms per unit Total number


of units
Existing 1 2 3 4 5+
None

Proposed
Private Market Rented 14 33 3 0 0 50
(PRS) units
Discounted Market Rent 3 4 6 0 0 13
(DMR) units

PARKING DETAILS

Car Parking Spaces Car Parking Spaces Bicycle Spaces


(General) (Disabled)

Existing None

Proposed 41 8 122

24 - residential 7 - residential 109 - residential


12 - self-storage 1 - self-storage 13 - self-storage
5 - office
Page 237

EXECUTIVE SUMMARY

The application proposes a mixed-use scheme, comprising a self-storage facility, offices, and 63 build
to rent residential units. The application has been subject to detailed pre-application discussions
through the Council’s Planning Performance Agreement (PPA) process. Proposals for the Site were
presented to the Council’s Strategic Panel in April 2016. The current application was presented at PAC
Members Technical Briefing on 7 August 2017.

The scheme is considered to maximise the provision of the existing commercial floorspace in the
context of providing a mixed-use redevelopment of the site. It would also provide employment
opportunities for the local area through the provision of a self-storage facility and some good quality
office space for small and medium enterprises (SMEs). Furthermore, the scheme would provide
employment and training benefits for local people during the construction phase of the Development
and in the end use of the site.

The Development would provide a high quality residential environment for all future occupiers and would
contribute to meeting Lambeth’s and London’s housing targets. The proposed build to rent housing
model is supported by the Mayor as it is seen to be meeting London's housing needs. All of the new
dwellings have been designed to meet relevant standards in terms of size, layout, aspect and
adaptability and also through the provision of communal and private amenity space. All of the proposed
units would achieve appropriate levels of outlook and daylight and sunlight.

The viability of the Development has been assessed and independently verified, which confirmed that
the scheme would not be able to make contribution towards affordable housing. The applicants have
however made a business decision to offer 20% as affordable homes (Discount Market Rent) –
comprising 4 x 2-bed units at Local Housing Allowance (LHA) rent level, 6 x 3-bed units at rent level
equivalent to social rent and 3 x 1-bed units with a 30% discount from market rent. A review mechanism
would be secured by the council through a legal clause to ensure that where a surplus occurs (up to a
policy compliant level), this would be payable to the Council in-lieu of an additional provision of on-site
affordable housing.

The two new buildings are considered to be appropriate in their siting, scale, form and detailed design,
noting that despite their additional height, they would integrate relatively well with the adjacent buildings
and would cause no harm to any of the surrounding heritage assets. The proposals would ensure that
levels of privacy and outlook of adjoining residential uses is maintained. In terms of daylight and
sunlight, the scheme is not considered to impact unacceptably upon the amenity of neighbouring
residential properties. The construction of the three basement levels would not have a harmful impact
on ground stability or flooding.

The Site is within a sustainable location with moderate public transport links. There is currently no
controlled parking zone (CPZ) in the local area. The surrounding streets are identified as suffering from
parking stress and the scheme was amended accordingly to provide additional parking spaces at
basement levels for the residential units and offices. The applicant has also demonstrated that the
proposed land uses can be serviced without having a detrimental impact upon the function or safety of
the surrounding highway network.

Officers consider that the Development would be in general compliance with the development plan for
the Borough. There are no material considerations of sufficient weight that would dictate that the
application should otherwise be refused. Officers are therefore recommending approval of the scheme,
subject to conditions and section 106 obligations in accordance with the presumption in favour of
sustainable development conferred upon Local Planning Authorities by the National Planning Policy
Framework (NPPF).
Page 238

PLANNING OFFICER’S REPORT

Reason for referral to PAC: The applications are reported to the Planning Applications
Committee (PAC) in accordance with the PAC’s terms of reference as they relate to Major
Application proposals given the floor area proposed exceeds 1,000 sq.m.

1 SITE AND SURROUNDINGS

1.1 The Site

The application site (‘the Site’) has an area of 0.4 ha. The former use of the Site was for
storage and repair of vehicles by the Ministry of Defence. There are no details on the specific
nature of this use given the associated security issues, however a motor vehicle maintenance
and repair facility would normally fall within the B2 use class.

In 2009 planning permission was granted (ref. 08/03715/FUL) for a redevelopment of the Site
(details provided below). The buildings occupying the Site at the time were cleared. The Site
is currently hoarded with no structures being present. There were formerly two vehicular
accesses into the Site – from Kempshott Road to the north (close to the corner with Streatham
High Road) and Penistone Road to the south

The Public Transport Accessibility Level (PTAL) varies across the Site from 3 to 6b (where 6b
is the highest and 1 is the lowest). This indicates that there is a good accessibility to range of
public transport services.

1.2 The Surroundings

The Site is located on the eastern side of the A23 Streatham High Road.

The surrounding vicinity is mixed in character with residential, commercial and industrial land
uses. The prevailing building height along the Streatham High Road frontage is approximately
3 storeys, as demonstrated at 1 Kempshott Road to the north and 130-132 Streatham High
Road to the south.

Directly opposite the Site to the east is Baldry Gardens Health Centre, with flatted residential
dwellings to the north and south in 3 and 4 storey buildings. The built form is set back from
the road by approximately 5 metres, with trees forming a green buffer against the High Road.

To the west of the Site are the residential streets of Kempshott Road to the north and
Penistone Road to the south, with a mixture of single storey bungalows, 2 storey terraces and
3 storey flatted dwellings. Horizon Day Nursery is located at 18 Kempshott Road, with access
to the north-west of the Site.

1.3 Planning Designations

The Site is situated within a local view corridor, which seeks to preserve views west and south
west from Streatham Common to Colliers Wood, Morden, Rose Hill and Pollards Hill. The
High Road fronting proportion of the site is within an Archaeological Priority Area.

1.4 Surrounding Planning Designations

Streatham Common Conservation Area is located directly to the north. This includes two
Grade II listed buildings to the north of Kempshott Road - 496 Streatham High Road and the
Mill Building on the south side of Factory Square, both of which now form part of the
Sainsbury’s Superstore complex. On the opposite side of the High Road is the Streatham
Lodge Conservation Area.
Page 239

The Streatham High Road / Guildersfield Road Local Centre is directly to the south.

Further afield, Streatham Common is located approximately 200m to the north. This is
designated as a Site of Borough Nature Conservation Importance and Metropolitan Open
Land.

2 PROPOSAL

Full planning permission is sought for the redevelopment of the Site to provide two new
buildings, these are referred to as ‘Building A’ and ‘Building B’. Three storeys of basement,
forming an ‘L’ shape, are proposed underneath the majority of the Site.

Building A would deliver a frontage to Streatham High Road at 5 storeys in height, with the
fifth storey being set back from the building’s primary elevation. The building would provide:

- Self-storage (Class B8 Use) accommodation (8,526 sq.m) across the ground floor and
three basement levels;
- Office (Class B1 Use) accommodation (168 sq.m), at ground floor only; and
- Residential use (Class C3 Use) at basement, ground and the first to fourth floors.

Building B is proposed to form a frontage to Kempshott Road to the north, at 4 storeys in


height, with the fourth storey set back from the primary elevation. This would provide solely
residential accommodation above ground, with the exception of an access staircase provided
to the west.

A further breakdown of how each use is proposed across the Site is set out below.

Figure 1: CGI of the development viewed from Streatham High Road facing south

2.2 Self-Storage (Class B8 Use)

This floorspace is proposed solely within Building A, with the exception of an access staircase
to the basement levels to the west of Building B.
Page 240

Ground floor level

Access is provided facing Streatham High Road at the corner with Kempshott Road. This is
where the reception to the facility is proposed, with ancillary accommodation provided to the
rear. Two further rear pedestrian accesses are proposed at ground floor level towards
Kempshott Road, with a further rear access door provided for the refuse store.

The vehicular access and egress to the self-storage facility is proposed to the rear of Building
A. The access is provided to the north of the site from Kempshott Road, leading to the egress
to Penistone Road on the south side. These access/egress points utilise those which are
existing at the site - both are proposed to be gated.

To the rear of the building are six storage loading bays and two car lifts, providing vehicular
access to the basement car parking. There are also three storage lifts proposed directly to
the rear of the storage loading bays. Pedestrian access is also provided to the rear, giving
access to the staircase leading to the basement floors below, as well as the substation and
refuse facilities.

Figure 2: Proposed ground floor layout plan

Basement levels

Basement Level 01 (‘B-L01’) covers the majority of the site. The entirety of this is dedicated
to self-storage and ancillary uses, with the exception of the cycle storage facility to the east
of the floorspace, which is proposed to be shared between the residential and self-storage
uses.
Page 241

The storage car park is provided at B-L01, with 31 spaces provided as accessed from the car
lift above.

Central plant for the development is provided to the north-eastern corner of the BL-01, with
vents onto Streatham High Road.

The storage lifts accessed externally at ground floor level lead directly into the storage areas,
which occupy the remainder of the space at the B-L01 and the entirety of the space (with the
exception of vents) at the B-L02 and B-L03.

Figure 3: Proposed basement Level 01 floor plan

2.3 Office (Class B1 Use)

Offices are provided entirely at ground floor level to the southern part of the frontage to
Streatham High Road. This comprises a total of 168 sq.m of floorspace, with two separate
office areas of 22.3 sq.m and 74.9 sq.m in size, both accessed from Streatham High Road. A
separate staff room and WC facilities are provided to the rear.

2.4 Residential (Class C3 Use)

63 residential flats are proposed across both Building A and Building B, comprising 17 x 1
bed; 37 x 2 bed; and 9 x 3 bed. This includes 8 no. wheelchair accessible units. All the flats
are proposed to be build to rent (BTR) units with a provision of discounted market rent (DMR)
units.

The flats are split between the two buildings as follows.

Building A
 1st floor: 2 x 1-beds; 7 x 2-beds (including two wheelchair units); and 1 x 3-beds;
Page 242

 2nd floor: 2 x 1-beds; 7 x 2-beds (including two wheelchair units); and 1 x 3-bed;
 3rd floor: 2 x 1-beds; 7 x 2-beds (including two wheelchair units); and 1 x 3-bed;
 4th floor: 3 x 1-beds; 6 x 2-beds.
Total units: 39 units

Access to the flats is provided from Streatham High Road within three separate residential
lobbies, each with stairs and lift access to the upper floors.

Refuse storage is provided adjacent to each of these lobbies with external access.

The residential use is otherwise entirely separated from the office and self-storage floorspace
within this building.

Building B
 Ground floor: 4 x 3-beds (including two wheelchair units);
 1st floor: 4 x 1-beds; and 4 x 2-beds;
 2nd floor: 4 x 1-beds; and 4 x 2-beds; and
 3rd floor: 2 x 2-beds and 2 x 3-beds.
Total units: 24 units

Access to these units is provided from the Kempshott Road frontage through two separate
lobbies, each with stairs and lift access to the upper floors.

Refuse storage is provided adjacent to each of these lobbies with external access.

Communal Amenity Space

The scheme would provide communal residential amenity space to the rear of Building B. This
is provided to either side of the proposed parking in two separate areas of approximately 229
sq.m and 189 sq.m (totalling 418 sq.m of amenity space).

Figure 4: Indicative planting of the proposed communal amenity spaces at the rear of the
Building B.
Page 243

Amendments and Additional Information

During the determination of the planning application officers requested some amendments to
the scheme, further information and points of clarification on a number of issues. The following
amendments and additional information were provided:

- An updated Sustainability Statement;


- Minor amendments to the external treatments and landscaping, namely to improve
boundary treatments and to provide more grassed areas;
- Additional Contamination Assessment;
- An updated Daylight and Sunlight Assessment, which draws a comparison with the
current baseline of the cleared site (in comparison to the previously provided baseline of
the former buildings on the site which have now been demolished); and
- Provision of additional parking for the proposed residential dwellings and offices.

3 RELEVANT PLANNING HISTORY

3.1 Relevant Planning Application History

Permission was granted on 15 August 2002 for the “erection of an additional floor on top of
the existing single storey structure on the Kempshott Road elevation (next to no1) to existing
vehicle repair workshop with infill of windows to West Streatham High Road” (02/00402/FUL).

Planning permission was refused on 12th March 2008 for the “demolition of existing buildings
and the erection of a 5 storey building comprising 8,155sqm of self-storage floorspace (Use
Class B8) and 1,839sqm of serviced offices (Use Class B1) with off street car parking spaces
for 3 cars and 20 cycle storage spaces together with new vehicular access from Kempshott
Road and new vehicular egress onto Penistone Road.” (07/04998/FUL).

The reasons for refusal were as follows:


 The proposed development, by reason of its height, bulk, massing, external materials and
detailed architectural treatment, would appear unduly prominent and overbearing within the
streetscene. In addition the proposed architectural treatment, by reason of its design,
external materials, lack of an active frontage at ground floor level and lack of articulation,
would result in a building of monolithic appearance detrimental to the quality of the
streetscene;
 The proposed development, by reason of its siting, height, massing, and proximity to the
rear gardens of the neighbouring dwellings in Penistone Road and Kempshott Road, would
create an unacceptable increase in a sense of enclosure and an overbearing impact to the
detriment of the amenity of the occupiers of those dwellings;
 The proposed development fails to provide adequate supporting information to allow
Council Officers to fully assess whether the proposal, by reason of its height, scale,
massing and proximity to neighbouring properties, would lead to a loss of amenity to
neighbouring residential occupiers from loss of sunlight and daylight and visual domination;
 The proposed development fails to provide adequate supporting information to allow
Council Transport Officers to fully assess the traffic, transport and highway safety
implications of the development; and
 The proposed development, by reason of its height, bulk, massing and design would
appear unduly prominent within views and vistas from Streatham Common, the Rookery
and Baldry Gardens.
Page 244

Planning permission was granted on 18 December 2008 for the “demolition of existing
buildings and the erection of a four storey building (plus basement) comprising 12,961 sq.m
of self-storage floorspace (Class B8) and 619 sq.m of offices (Class B1) with off street car
parking for 19 cars and 28 cycle storage spaces together with associated landscaping works”
(08/03715/FUL).

The following conditions were subsequently discharged:

 Condition 25 (Partial) (i: Recording of contamination) and (ii: removal, containment or


otherwise rendering harmless any contamination). Granted on 2 July 2009
(09/01447/DET);
 Condition 26 (Site Investigation, water contamination). Granted on 2 July 2009
(09/01448/DET);
 Condition 8 (soft landscaping scheme). Granted 14 August 2009 (09/01977/DET);
 Condition 30 (wildlife survey). Granted 14 August 2009 (09/01978/DET);
 Condition 23 (travel plan). Granted 5 August 2011 (11/01540/DET);
 Condition 5 (details of external surfaces of the buildings). Granted 6 December 2011
(11/02822/DET);
 Condition 7 (details of hard surfacing and external lighting). Granted 10 November 2011
(11/02823/DET);
 Condition 10 (boundary treatments). Granted 10 November 2011 (11/02824/DET);
 Condition 11 (detailed design of renewable energy provision). Granted 3 November 2011
(11/02825/DET); and
 Condition 16 (mud and debris deposit precautions). Granted 19 December 2011
(11/03745/DET).

A Certificate of Lawful Development (Proposed) (12/00472/LDCP) was granted on 27 July


2012, establishing that the development authorised by planning permission 08/03715/FUL
was lawfully implemented prior to 18 December 2011.

A non-material amendment (14/02248/NMC) was granted on 16 July 2014 to allow the


omission of the second basement, resulting in a reduction of Class B8 self-storage space
from 12,961 sq.m to 9,916 sq.m and included alterations to the internal layout of the ground
floor involving enlargement of the loading and servicing area.

3.2 Planning Enforcement History

There is no relevant planning enforcement history relating to the site.

3.3 Planning Appeal History

There is no relevant appeal history relating to the site.

4 CONSULTATIONS

The proposal was subject to two periods of consultation. The first consultation period was
based on the original application drawings and documents submitted to the LPA on 10
October 2016. The second consultation period included amended plans and additional
information, and submitted to the LPA on 3 July 2017 by way of addendums. The additional
information was made available on the Council’s website

4.2 Neighbours
Number of neighbours consulted: 200
Number of objections: 144
Page 245

Number in support: 6
Number neither supporting nor objecting: 5

Comments received are summarised in the table below.

Comment Officer’s Response

Land Use
The scheme does not provide enough family- Please refer to paragraph 6.2.5
sized homes which is what the Borough requires.

The scheme would constitute an Please refer to paragraph 6.2.4


overdevelopment of the site.

The scheme would deliver built-to-rent housing The delivery of build-to-rent housing within
which is out of character with the area. London is supported by the Mayor. There is no
evidence to suggest that the housing product is
out of character with the area.

There is little benefit to the local community in The site is currently vacant and the scheme
terms of employment and the local economy. would provide employment opportunities for
the borough through the provision of
commercial floorspace and measures set out in
the S106.

The scheme does not account for the impact The provision of 63 new flats is not considered
upon local services (schools, doctors and to have a harmful impact upon local services
community facilities) and green space. within the area and the amount of outdoor
amenity space required by the future occupiers
of the development can be accommodated on
site. The proposal would also be liable to pay
the Community Infrastructure Levy towards
delivery of infrastructure within Lambeth.

The scheme provides an opportunity to deliver There is no policy requirement for the scheme
good independent shops/cafes as opposed to to deliver shops/cafes in this location.
office floorspace.

There is no demand for B8 storage in the area The Site has an existing B8 use class and an
and scheme should provide houses with gardens. extant permission which would enable the
delivery of B8 floorspace. The scheme
proposes a mix of commercial and residential
land uses which is supported by planning
policy.

Affordable Housing
This proposal is appealing to the broadest range Please refer to Section 6.3
of the development market. It is including
residential homes that will be let at full London
market rate, with no affordable housing or homes
for key workers, as well as mass storage and
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business office space. This indicates that there is


still a 'difficult climate for the development
industry' and the pressure for a high-density all-
encompassing profit-making commercial
development.

Lambeth should employ an independent quantity BNPP were instructed by LPA to independently
surveyor to evaluate the appraisal in relation to review the viability report which was submitted
affordable housing. Lambeth should insist on with the planning application.
some affordable housing.

Construction / Basement Impacts


There no guarantees from the developer that it Please refer to paragraph 11.3.5 and 11.3.6
would conduct regular structural assessments to
neighbouring properties at its own expense.

The digging out of the basement storage facilities Please refer to Section 11.3
will cause earth movement around the site which
could damage to surrounding homes.

Noise from construction - no adequate assurance Please refer to Section 9.6


that heavy plant, JCB's, works related vehicles
will not be moving, manoeuvring, or stationary
idling engines, or creating any other noise whilst
awaiting access to the site, and leaving the site,
outside of the access times of 0730Hrs - 1800Hrs
6 days a week.

Concern that the extensive subterranean work for Please refer to paragraph 11.3.5 and 11.3.6
multi-level underground storage, as well as the
scale and mass of above-ground building work
will entail substantial pile-driving, and other deep
excavation work resulting in sufficient ground
vibrations to increase the risk of damaging and
affecting neighbouring buildings.

Transport and Parking


The proposed development (through the creation Please refer to Section 10.2
of a further 63 residential units) will make the
existing situation with parking stress in the local
area even worse.

The existing public transport network is already Please refer to Section 10.2
under stress and this proposal will worsen the
situation.

The development will bring heavy traffic and Please refer to Section 10.2
trucks to the roads which will have an impact
upon highway safety.

There are not enough parking spaces to service Please refer to Section 10.2
the flats that are proposed, and there are certainly
not enough disabled parking spaces.
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There should not be a vehicle entrance into the Please refer to Section 10.4
site from Kempshott Road as there is currently a
lot of traffic and subsequent noise along this road.

Vehicles up to 16.5m long are projected; this is Please refer to Section 10.4
too big for local roads as illustrated by Access's
own 'wide sweep'

The applicant proposes a layby on Streatham The scheme does not propose a layby along
High Road - in a bus lane. TFL mention providing Streatham High Road and all of the servicing
a loading bay in the red route section of and deliveries for the residential units and
Kempshott Road. The concerns of TFL have not commercial uses would take place within the
been addressed by the applicant. All site boundary. Please refer to Section 10.4
loading/unloading must be within the curtilage of
the applicant’s site, as per the consented
scheme.

The scheme should deliver more than one car A clause in the Section 106 Agreement would
charging point. ensure that the scheme delivers vehicle
charging points in line with the London Plan
standards.

Self-storage parking has been reduced from 22 Please refer to Section 10.2
to 12. Where will the additional users of the self-
storage facility park? This will add further
pressure to neighbouring streets.

Design and Conservation


The appearance and architecture of the proposal Please refer to Section 7
is out of context with the typical style of the
immediate surrounding neighbourhood and
buildings.
Neighbouring buildings use a consistent style of
finishes and of an Edwardian / Georgian style.

The mass and scale of this development, now at Please refer to Section 7 a) and b)
over 5 storeys, will dominate the immediate
surrounding buildings and landscape, even when
considering that similar scale buildings are some
distance further along the High Road closer to
Streatham Hill station. Furthermore, this
proposed mass and scale will be discordant with
the immediate neighbouring 'Conservation Area'
and not in keeping with the immediate
surrounding architecture and nature of the
neighbourhood.

The proposal will be including modern corporate Please refer to Section 7 c)


branding (blue and yellow) in scale to the 5-storey
proposed building, in direct contrast to
neighbouring 19th and 20th century residential
architecture.
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The scheme should have better planting and Please refer to Section 11.4
space design to create a more attractive and
accessible area for pedestrians using the High
Road.

There is considered to be insufficient outdoor Please refer to paragraph 8.2.5


amenity space provided on site for the future
occupiers of the development.

The height of the development should be reduced Please refer to Section 7 a) and b)
to three storeys with a fourth storey set back.

There are no natural cross ventilation options - The scheme is considered to have sufficient
will this mean the retrospective installation of measures in place for ventilation.
unsightly air conditioning units.

Amenity
The increase in traffic will have a detrimental Please refer to Section 11.2
effect on the air quality in the local area,
increasing pollution levels.

Increased noise pollution in the local area as a Please refer to Section 9.5
result of the proposals.

No assurances that neighbouring properties will Please refer to Section 9.5


not be adversely affected by the noise of cars,
trucks and large vans, articulated-lorries, heavy
goods vehicles, and similar, arriving, unloading
and departing at all hours.

The daylight and sunlight report has not been Please refer to Section 9.2
updated to reflect this current proposal, and we
have concerns that neighbouring properties will
suffer loss of light due to the mass and scale of
the current proposals and their proximity to the
boundary line.

Loss of privacy resulting from the new Please refer to Section 9.4
development to the occupiers of neighbouring
properties.

The development's communal spaces should Details of external lighting are to be submitted
have low level lighting to ameliorate light pollution through a planning condition
to surrounding properties.

The terraces should either be removed or Offices are satisfied that the development
surrounded by 1.8m obscured glazed screens would not result in a loss of privacy or cause
which would considerably attenuate noise and noise disturbance from the terraces. 1.8m
also provide increased privacy for residents and obscurely glazed screens are therefore not
neighbours. required.

Security issues
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There are no details of security provision/control Please refer to Section 11.7. Also, further
of anti-social behaviours by CCTV/staff details of security measures would be secured
through conditions.
Planning obligations
Substantial compensation in the form of section Please refer to Section 12
106 funds should be used to best effect for the
benefit of the local community. This could be
public realm improvements (trees, pavements,
funds for compulsory purchase of derelict shops),
funding for local small businesses and start-ups
or other facilities deemed desirable by the local
community

Other matters
The ground investigation report upon which this The geoenvironmental assessment was
proposal is based is no out of date and does not updated by the applicants and considered to be
take into account relevant geoenvironmental acceptable
assessments.

Lack of consultation with local residents about Please refer to Section 4


this development.

The CHP plant does not have thermal storage Please refer to Section 11.1
and this will limit the carbon emissions reductions
obtainable. Further, the photovoltaics on the roof
have not been drawn to indicate the required area
can be accommodated to generate the capacity
proposed to offset carbon. The roof area ought to
be a brown roof to help improve the biodiversity.

The consultation letter sent out by the council The description of development was amended
incorrectly describes the development proposals. as part of the re-consolation letters.

Residents were aware that the former MOD site This would be secured through a planning
contained asbestos. We insist upon a ground conditions.
contamination survey before construction is
undertaken.

Short term lets may encourage fly tipping and The proposed units would be built to rent and
would cost much more to manage. therefore operated through a management
company, which should eliminate the
propensity for fly-tipping.

Flank walls along western boundary and Party wall issues are a private civil matter
southern boundary are party walls so party wall between land owners, and not a planning
awards needed to protect owners in Kempshott & consideration.
Penistone Road.

The application fails to provide an EIA The Site and proposals do not fall within the
(Environmental Statement) thresholds set out in the EIA Regulations.
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4.3 Statutory and Internal/External Consultees

LBL Urban Design and Conservation: No objections subject to conditions. The design and
access statement shows the lengths that applicant has gone to understand the local context
and respond positively to it. The building is understated and would have no adverse impact
on the setting of the Streatham Common Conservation Area.

The scheme has evolved in line with the advice that has been provided and there is support
on conservation and design grounds as the scheme is considered to be policy compliant in
this regard. It is a significant improvement when compared with the previous approval.

If you are minded to approve please condition the following

 The property number / name of each unit block shall be clearly and permanently displayed
at its external entrance.

 All external construction detailing (drawings and sections and 1:10 scale) including
windows and doors, soffits, roofs, rain water goods, canopies, ramps handrails, lighting,
boundaries etc.

 Sample panel of external materials shall be erected on site for inspection.

LBL Transport: No objection raised following the submission of amendments to the proposal
(comments have been incorporated Section 10 below). The following are however required
to be covered by conditions / s106 agreement as appropriate:

- Travel Plan
- Construction Management and Logistics Plan (Full)
- Service and Delivery management Plan
- Travel Plan Monitoring Fee
- Car Park Management Plan
- Highway works – new access and remedial works
- Restrictions on eligibility of future residents / occupiers to obtain parking permits in any
future CPZ introduced in the area.
- Details of Car Club bay and payment of £10,000 for one on-street car club bay Free
membership for one residents of each flat for a period of three years
- Restriction on use of Self storage Unit by Access only
- Electric Vehicle charging points for cars to meet London Plan standards
- Details of cycle parking.

LBL Highways: The Construction Management Plan makes reference to the applicants
making contact with Highways to discuss the associated S278 works, so please forward
details of the highway team. They also mentioned the installation of a temporary crossover
which would also need our approval. Other than that I have no major concerns.

Local Lead Flood Authority (LBL): No objection raised on the grounds of flood risk or
sustainable drainage, subject to conditions being appended to any planning approval.

Environment Agency: No objection raised, however planning permission should only be


granted subject to suggested planning conditions in respect of: ground contamination,
Sustainable Urban Drainage Systems (SuDS) and pilling.
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Design Out Crime Officer: No objection, however should the scheme proceed, it should be
able to achieve the security requirements of Secured by Design with the guidance of Secured
by Design New Homes 2016, and the adoption of these standards would help to reduce the
opportunity for crime, creating a safer, more secure and sustainable environment.

LBL Parks and Open Spaces: No objection – the development looks like a good solution to a
challenging site and location, and if they get their detailed external landscaping (including
biodiversity enhancement) right, it could complement what is around the site well.

Climate Integrated Solutions (LBL’s energy and sustainability advisors): No objections raised
following submission of additional information. Conditions have been recommended.

LBL Arboricultural Officer: No objections raised, comments included in Section 11.4 below.

Transport for London: The residential car parking has increased by 24 spaces. The uplifted
provision is disappointing given the previous provision proposed and the sites accessibility to
public transport. Furthermore, it is considered that the revised provision would undermine
sustainable modes of transport.

5 car parking spaces are proposed for the B1 office element of the development, which exceed
the London Plan maximum standards. Given the size of the office element of the development
and location, the London Plan would allow for 1 disabled space only. The parking needs to
be reduced accordingly.

Case Officer’s Comment: The council’s transport officer has advised that in the absence of a
CPZ and high parking stress on-street, it is appropriate that there is an adequate provision for
car parking on-site to meet demands.

LBL Environmental Support Officer (refuse and recycling): No objection, the refuse and
recycling storage and presentation conditions for both domestic and commercial use can be
approved.

Environment Agency: No objections to the proposals, subject to conditions with regard to


ground contamination, SuDS and piling / foundation design.

LBL Environmental Health: No objections raised, subject to conditions in respect of Air


Quality, ground contamination, construction management (submission of a Construction and
Environmental Management Plan), plant layout, residential noise attenuation and db levels,
hours of operation, delivery and service management, and lighting.

Thames Water: No objection, however the LPA needs to request conditions to require further
details in respect of drainage, water usage and piling, should the application be approved.

Historic England Archaeology (GLASS): No objection - Having considered the proposals with
reference to information held in the Greater London Historic Environment Record and/or made
available in connection with this application, it has been concluded that the proposals are
unlikely to have a significant effect on heritage assets of archaeological interest. No further
assessment or conditions are therefore necessary.

No responses were received from the following consultees:

 Streatham Society
 Friends of Palace Road Nature Garden
 Streatham Action
 Regeneration Team Streatham
 Streatham Business Improvement Districts
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 Streatham Vale Property Occupiers Association


 Streatham Bridge Business Association
 Councillors for Licensing
 Employment and Enterprise

5 LEGISLATION AND PLANNING POLICY

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning decisions
to be made in accordance with the Development Plan unless material considerations indicate
otherwise. The development plan in Lambeth is the London Plan 2015 (as amended by Minor
Alterations to the London Plan (MALP) dated 14 March 2016), and the Lambeth Local Plan
2015 (LLP).

The current planning application has been considered against all relevant national, regional
and local planning policies as well as any relevant guidance. Set out below are those policies
most relevant to the application, however, consideration is made against the development
plan as a whole.

5.2 The National Planning Policy Framework (2012)

The National Planning Policy Framework (NPPF) was published in 2012. This document sets
out the Government’s planning policies for England including the presumption in favour of
sustainable development and is a material consideration in the determination of all
applications.

Following the publication of the NPPF the Government published amendments to the National
Planning Policy Guidance (NPPG) in 2016. Guidance is available on a range of planning
matters.

5.3 The London Plan (MALP 2016)

The London Plan (MALP 2016) is the Mayor's development strategy for Greater London and
provides strategic planning guidance for development and use of land and buildings within
the London region. The key relevant London Plan policies are:

 Policy 1.1 Delivering the strategic vision and objectives for London
 Policy 3.1 Ensuring equal life chances for all
 Policy 3.2 Improving health and addressing health inequalities
 Policy 3.3 Increasing housing supply
 Policy 3.4 Optimising housing potential
 Policy 3.5 Quality and design of housing developments
 Policy 3.6 Children and young people’s play and informal recreation facilities
 Policy 3.7 Large residential development
 Policy 3.8 Housing choice
 Policy 3.9 Mixed and balanced communities
 Policy 3.10 Definition of affordable housing
 Policy 3.11 Affordable housing targets
 Policy 3.12 Negotiating affordable housing on individual private residential and mixed
use schemes
 Policy 3.13 Affordable housing thresholds
 Policy 3.15 Co-ordination of housing development and investment
 Policy 4.1 Developing London’s economy
 Policy 4.2 Offices
 Policy 4.3 Mixed use development and offices
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 Policy 4.4 Managing industrial land and premises


 Policy 4.12 Improving opportunities for all
 Policy 5.1 Climate change mitigation
 Policy 5.2 Minimising Carbon Dioxide Emissions
 Policy 5.3 Sustainable Design and Construction
 Policy 5.4 Retrofitting
 Policy 5.4a Electric and gas supply
 Policy 5.5 Decentralised energy networks
 Policy 5.6 Decentralised energy in development proposals
 Policy 5.7 Renewable Energy
 Policy 5.8 Innovative energy technologies
 Policy 5.9 Overheating and Cooling
 Policy 5.10 Urban Greening
 Policy 5.11 Green Roofs and Development Site Environs
 Policy 5.12 Flood risk management
 Policy 5.13 Sustainable Drainage
 Policy 5.14 Water Quality and Wastewater Infrastructure
 Policy 5.15 Water Use and Supplies
 Policy 5.16 Waste net self-sufficiency
 Policy 5.17 Waste Capacity
 Policy 5.18 Construction, Excavation and Demolition Waste
 Policy 5.21 Contaminated land
 Policy 6.3 Assessing Effects of Development on Transport Capacity
 Policy 6.5 Funding Crossrail and other statically important transport infrastructure
 Policy 6.9 Cycling
 Policy 6.10 Walking
 Policy 6.13 Parking
 Policy 7.1 Lifetime neighbourhoods
 Policy 7.2 An Inclusive Environment
 Policy 7.3 Designing out Crime
 Policy 7.4 Local Character
 Policy 7.5 Public Realm
 Policy 7.6 Architecture
 Policy 7.8 Heritage assets and archaeology
 Policy 7.14 Improving air quality
 Policy 7.15 Reducing and managing noise, improving and enhancing the acoustic
environment and promoting appropriate soundscapes
 Policy 7.18 Protecting open space and addressing deficiency
 Policy 7.19 Biodiversity and Access to Nature
 Policy 7.21 Trees and Woodland
 Policy 8.2 Planning obligations
 Policy 8.3 Community infrastructure levy

The following London Plan Supplementary Planning Documents (SPD) are also considered
relevant:

 Affordable Housing and Viability SPG (2017)


 Housing (March 2016)
 Sustainable Design and Construction (April 2014)
 Accessible London: Achieving an Inclusive Environment (October 2014)
 The control of dust and emissions during construction and demolition (July 2014)
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 Character and Context (June 2014)

5.4 Lambeth Local Plan 2015 (LLP)

The key relevant policies for the Lambeth Local Plan 2015 (LLP) are:

 Policy D2 Presumption in favour of sustainable development


 Policy D4 Planning obligations
 Policy H1 Maximising Housing Growth
 Policy H2 Delivering Affordable Housing
 Policy H4 Housing mix in new developments
 Policy H5 Housing standards
 Policy ED2 Business, industrial and storage uses outside KIBAs
 Policy ED14 Employment and training
 Policy T1 Sustainable travel
 Policy T2 Walking
 Policy T3 Cycling
 Policy T4 Public transport infrastructure
 Policy T6 Assessing impacts of development on transport capacity & infrastructure
 Policy T7 Parking
 Policy T8 Servicing
 Policy EN1 Open space and biodiversity
 Policy EN3 Decentralised energy
 Policy EN4 Sustainable design and construction
 Policy EN5 Flood Risk
 Policy EN6 Sustainable drainage systems and water management
 Policy EN7 Sustainable waste management
 Policy Q1 Inclusive environments
 Policy Q2 Amenity
 Policy Q3 Community safety
 Policy Q4 Public art
 Policy Q5 Local distinctiveness
 Policy Q6 Urban design: public realm
 Policy Q7 Urban design: new development
 Policy Q8 Design quality: construction detailing
 Policy Q9 Landscaping
 Policy Q10 Trees
 Policy Q11 Building alterations and extensions
 Policy Q12 Refuse/recycling storage
 Policy Q13 Cycle storage
 Policy Q15 Boundary treatments
 Policy Q20 Statutory listed buildings
 Policy Q22 Conservation areas
 Policy Q25: Views

The following Lambeth Supplementary Planning Documents (SPD) are also considered
relevant:
 Draft Development Viability SPD;
 Parking Survey Guidance;
 Waste & Recycling Storage and Collection Requirements;
 Refuse & Recycling Storage Design Guide; and
 Air Quality Planning Guidance Note.
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PLANNING ASSESSMENT

6 LAND USE

6.1 Employment: Self-storage (Use Class B8) and Offices (Use Class B1)

In December 2008 (08/03715/FUL) planning permission was granted at the Site for 12,961
sq.m of self-storage floorspace (Class B8) and 619 sq.m of offices (Class B1), creating a total
of 13,580 sq.m of floorspace in B class employment use. This was a substantial uplift from
the existing employment floorspace provision at the Site, which was 4,025 sq.m in B1(c) use.

A non-material amendment (14/02248/NMC) was subsequently granted by the Council in July


2014 to allow the omission of the second basement, resulting in a reduction of Class B8 self-
storage space from 12,961 sq.m to 9,916 sq.m and allow alterations to the internal layout of
the ground floor involving enlargement of the loading and servicing area. This permitted a
reduction in the overall employment floorspace at the site from 13,580 sq.m to 10,535 sq.m.

This development now seeks permission for 8,526 sq.m of self-storage floorspace in B8 use
class and a further 168 sq.m of B1 office floorspace. A total of 8,694 sq.m of employment
floorspace would be delivered across the site, this thereby results in a reduction of 1,841 sq.m
on what was previously approved (under 14/02248/NMC).

London Plan Policy 4.1 seeks to develop London’s economy by supporting and promoting
specialist clusters of economic activity. Policy 4.2 supports the mixed use development and
redevelopment of office provision. LLP Policy ED2 supports development for business (B1)
uses on all sites, subject to other plan policies, to maintain a stock of sites and premises in
business use across the borough.

As the site has been cleared for the last 8 years, the development must be assessed in
relation to LLP Policy ED2 part (e). This policy requires redevelopment to be permitted only
where it provides B class floorspace to replace the previous quantity of floorspace if known,
or otherwise provides the maximum feasible proportion of B1 floorspace for the site.

In light of this, the quantum of employment floorspace currently proposed is considered to be


a reduction from the previously approved quantum. However, it remains a significant increase
on the previous quantum of employment floorspace on the site (4,025 sq.m). It is also relevant
that in contrast to the extant permission, the scheme now proposes mixed use development
and the addition of residential units to the scheme is considered to be favourable. In addition,
the proposed B8 self-storage use of the site has a relatively low number of employees per
square metre of floorspace, therefore particularly in the development’s context as a mixed
use development, the reduction is not considered to make a significant impact in terms of the
quality of the employment floorspace provided. Furthermore, the 168 sq.m of office (Class
B1) floorspace provides two small office spaces. The applicant has submitted evidence from
a local agent which indicates a strong level of demand for this type of offices accommodation
in the local area. The development is therefore considered by officers to be acceptable in this
regard.

6.2 Residential (Use Class C3)

LLP Policy H1 states that the Council will seek to maximise the supply of additional homes in
the borough to meet and exceed the annual housing target for Lambeth as set out in the
London Plan for the period 2015 to 2030. Furthermore, policies in the development plan offer
strong support for the mixed use redevelopment of site that offers both employment
opportunities and new housing in suitable locations. The local area is characterised
predominantly by residential dwellings and the principle of housing is therefore supported.
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The application proposes 63 flats across the development. The flats are proposed as build to
rent (BTR) units. London Plan Policy 3.8 encourages boroughs to ensure that the planning
system provides positive and practical support to sustain the contribution of BTR in
addressing housing needs and increasing housing delivery. It states that viability tests of
covenanted BTR proposals should take account of the distinct economics of this type of
development – this matter is assessed below in Section 6.3.

The Mayor’s Housing SPG (March 2016) and the Affordable Housing and Viability SPG
(August 2017) further recognises BTR housing for which there is a market in London. The
Affordable Housing and Viability SPG however stipulates that there should be a long term
rental period on the housing (minimum 15 years), covenants restricting the sale of the units
and a clawback (used for securing additional affordable housing if the units are sold
individually). Officers have been engaged in discussions with the applicants to ensure that
the type of housing model proposed is acceptably delivered through heads of terms in a
Section 106 Agreement.

The site is considered to have characteristics of an urban area, with a varied PTAL of 3 to 6.
The London Plan density matrix (Table 3.2) suggests a residential density of 70-260 units per
hectare (u/ha) or 200-700 habitable rooms per hectare (hr/ha) for the site. In applying the
guidance set out by the Housing SPG for calculating densities, the scheme would achieve
180 u/ha and 515 hr/ha, which sits comfortably within the London Plan’s density matrix for the
Site.

Policy H4 sets out a preferred borough-wide housing mix for affordable housing and seeks a
balanced mix of unit sizes for market housing, to include family-sized accommodation (3-bed
+). However, Mayor’s Affordable Housing and Viability SPG (para. 4.31) notes that BTR
housing can be particularly suited to higher density development within or on the edge of town
centres and transport nodes, and suggests that local policies requiring a range of unit sizes
could be applied flexibly to such schemes in these locations to reflect demand and the distinct
viability challenges faced by BTR housing. The proposed development would provide a range
of unit sizes, comprising 17 x 1-bed flats, 37 x 2-bed flats and 9 x 3-bed flats, which is
considered to be acceptable and provides an appropriate balance of dwelling types with
based on the type of development proposed and the area in which it is located.

6.3 Affordable Housing and Viability

LLP Policy H2(a) seeks 40 per cent affordable housing from sites capable of accommodating
10 or more units, and a 70:30 social / affordable rent and intermediate tenure split. Policy
H2(d) requires a financial appraisal to be submitted where affordable housing provision is not
policy compliant. The only circumstances in which a lesser provision may be acceptable is
where it is demonstrated to the council’s satisfaction, through a financial viability appraisal,
that a development cannot viably deliver affordable housing in line with LLP policy
requirements. This approach is taken regardless of the type of residential development and a
build to rent scheme is assessed in the same way as a build for sale scheme.

LLP Policy H2(d) states that a financial appraisal is required if the affordable housing provision
proposed will be less than the policy requirements. A viability report has been submitted which
demonstrates that the scheme cannot viably provide any affordable housing. The viability
report has been independently reviewed by BNP Paribas and found that the scheme could
only viably offer a surplus of £85,439 towards affordable housing. The applicant is however
open to working with the Council during the lifetime of the Development, and to ensure the
affordable housing provided makes a valuable contribution to the accommodation needs of
local residents. Therefore, through negotiations with officers the provision of 21% affordable
housing (13 units) has been secured on-site in the form of:
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 3 x 1-bed units with 30% discount from market rent levels.


 4 x 2-bed units at a Local Housing Allowance (LHA) rent level (c.£265 PW);
 6 x 3-bed units at a rent level equivalent to social rent;

All of the affordable dwellings would be discounted market rent (DMR) units. The proposed
rental levels which are being offered by the applicant have been negotiated with the council’s
Housing Team to reflect local housing need. This would also enable the council to have
nomination rights over the DMR units.

A key benefit of DMR units is that they would be ‘pepper-potted’ across the Development and
therefore have the same access and be built to the same standard as those at market rent. The
DMR units would also be managed by the BTR provider which ensures that all the housing
remains in the same ownership and management. The final terms of rental tenancy,
management and nominations are proposed to be established through clauses in the Section
106 Agreement which would include, but not limited to, the following:

 The rents reviewable annually and in accordance with the Consumer Price Index
calculations;
 Tenancies would be granted for three years unless otherwise agreed. Leading up to
expiry, these could be extended for the same or possibly a longer period of time, subject
to an assessment of the occupiers’ adherence to tenancy conditions and payment
history during the initial term. Tenants could then terminate the agreement providing at
least three months written notice is given;
 Property inclusions (white goods, built in storage, individual heating systems)
 Service inclusions (cleaning and lighting of communal area, lift management, internal
repairs etc)

As the scheme would not be delivering a policy compliant level of affordable housing, a review
mechanism would be included within the Section 106 Agreement to make sure that any uplift
in values up to a policy compliant provision of affordable housing, can be captured.

7 DESIGN AND CONSERVATION

This section of the report considers design and conservation (heritage) matters arising from
the proposed development. It is set out under the following sub-headings:

a) Scale, massing and layout


b) Impact on surrounding heritage assets
c) Materials and Appearance

The Council’s Design and Conservation Team’s comments have been incorporated into this
section of the report.

LLP Policy Q5 states that all development should provide a positive response to the local
context and historical character, and where proposals deviate from this, it should be
demonstrated how the proposal clearly delivers design excellence and how it will make a
positive contribution to its local and historic context.

LLP Policy Q7 seeks new development to be of a high quality design which has a bulk, scale,
mass, siting, building line and orientation which adequately preserves or enhances the
prevailing local character. It should be built of durable, robust and low-maintenance materials
and have well considered fenestration.
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a) Scale, massing and layout

The general character of the local area is mixed, comprising a range of land uses, commercial
and residential (predominantly). The building heights are 4 storeys which form a continuous
frontage along Streatham High Road. To the north and west along Kempshott Road the
building heights vary between 1 and 4 storeys. The frontages along Penistone Road are more
uniform, comprising 2 storey terrace dwellinghouses. Given this is a rather fragmented
suburban location the development presents the opportunity to introduce greater unity on this
prominent corner.

In terms of the layout, the proposed arrangement would offer a strong building line on the all
three street frontages. The main office volume on the south-east corner will give it presence
and activation, whilst the commercial foyer in the north-east corner is also logical. Both
buildings have been set away from the rear / side gardens and elevations of existing
properties, this provides visual and physical relief and makes perfect sense in design terms.
This is considered to offer a significant improvement on layout of the previously consented
scheme and it is the result of significant pre-application discussion.

The two buildings are considered to respond positively to their relative contexts. Building A
has a mix of commercial and residential uses. Its primary frontage is along the High Road,
and would be 4 storeys with 5th storey setback. It has three separate residential cores (serving
a maximum of four units per floor), each accessed off the High Road. Officers consider that
the whilst the 5th storey would make the building taller than those in the locality, the site is
contained within its own block by having side roads to the north and south, enabling an
increase in height to be achieved without causing harm.

Figure 5: CGI of the Streatham High Road elevation

Building B is solely in residential use and runs along the south side of Kempshott Road and
would measure 3 storeys with a 4th floor setback. There is a varied building height along the
road, but despite being taller than the existing 3 storey dwellinghouses, the proposed increase
height can easily be accommodated in this situation. Part of the Building B’s success along
this frontage is the use of façade setbacks to create the appearance of separate
dwellinghouses.
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Figure 6: CGI of the Kempshott Road elevation

b) Impact on heritage assets

The site is not located within a designated conservation area, however it borders the
Streatham Common Conservation Area (CA43) to the north and is visible from within the
Streatham Lodge Conservation Area (CA62). The nearest listed buildings (Grade II - 496
Streatham High Road and Mill Building) are located 100m to the north of the Site.

As the Development is sited opposite two conservation areas. LLP Policy Q22(a) considers
that proposals affecting conservation areas will be permitted where they preserve or enhance
the character or appearance of conservation areas by i) respecting and reinforcing the
established, positive characteristics of the area in terms of the building line, siting, design,
height, forms, materials joinery, window detailing etc; (ii) protecting the setting (including
views in and out of the area).

Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 with respect
to buildings or land in a conservation area. In this context, "preserving", means doing no harm.
Paragraph 132 of the NPPF states ‘when considering the impact of a proposed development
on the significance of a designated heritage asset, great weight should be given to the asset’s
conservation. The more important the asset, the greater the weight should be. Significance
can be harmed or lost through alteration or destruction of the heritage asset or development
within its setting. As heritage assets are irreplaceable, any harm or loss should require clear
and convincing justification…’ Paragraph 134 further states that ‘where a development
proposal will lead to less than substantial harm to the significance of a designated heritage
asset, this harm should be weighed against the public benefits of the proposal, including
securing its optimum viable use.’

The scheme is considered acceptable in terms of bulk, scale and massing, and with regard
to design and impact on the character and appearance of neighbouring conservation areas
and heritage assets, with officers considering that the understated ‘New London Vernacular’
style is entirely appropriate for the setting and context, in accordance with LLP Policy Q22.
Officers consider that no harm will result to designated heritage assets.

c) Materials and Appearance

The materiality and solidity of the Kempshott Road building is considered to be in keeping
with the local area and the proximity of the Streatham Common CA. Both buildings have been
designed in brick in the New London Vernacular which is appropriate for this context. The
design of the two buildings is relatively understated with a simple, repetitive treatment to the
elevations which is a feature common to the locality. This design approach is a direct result
of officer advice at pre-application stage.
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The setbacks, recessed balconies and projecting elements started to be incorporated into
ensure there is sufficient interest and depth of detailing with London stock brick facades. The
use of anodized metal to express the bay windows, the recessed top floor and detailing,
together with the glass stair cores also adds a welcome addition to breaking up the brick
façade. Officers therefore recommend that 1:10 scale drawings and details of the materials
are secured through planning conditions to ensure that the development can achieve design
excellence.

Figure 7: CGI of the Streatham High Road elevation of Building A

The architect has taken care to ensure the new development has appropriate boundary
treatments. The use of boundaries ensures that there is clear definition between the public
footpath and the private land on the site. The boundaries also provide defensible space for
new residents and the resulting enclosed front garden spaces will be soft landscaped, which
is considered to reinforce local character.

8 QUALITY OF THE ACCOMMODATION

8.1 Office and Self-Storage floorspace

It is considered that the layout and type of offices proposed is acceptable and ensure that it
would be able to appropriately adapt to the demands of local businesses. In terms of the
proposed self-storage facility, the proposals have been designed by the applicants (Access
Self-Storage) to meet the specific requirements of their customers. Officers are therefore
satisfied with the quality of the proposed commercial floorspace.

LLP Policy ED2(c) requires that where a mixed-use development is proposed the commercial
and residential elements of the development should be made available for occupation at the
same time. It is considered entirely appropriate for a planning obligation in the S106 to require
that the commercial floorspace is built out to turn-key standard to ensure it can be occupied
soon after the building has been completed.
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8.2 Residential

LLP Policy H5 sets out standards for new housing that will need to be addressed by the
proposal. London-wide housing standards are also set out in the London Plan (MALP) March
2016 – including minimum space standards (Policy 3.5 and Table 3.3) and a requirement that
ninety per cent of new housing meets Building Regulation M4(2) ‘accessible and adaptable
dwellings’ and ten per cent of new housing meets Building Regulation requirement M4(3)
‘wheelchair user dwellings’ (Policy 3.8). Further housing standards are set out the Mayor’s
Housing SPG which was published May 2016.

In terms of room sizes and unit sizes, all of the proposed dwellings would either meet or
exceed the minimum space standards which are set by the LLP and the London Plan Housing
SPG. The development would also provide 8 wheelchairs unit, exceeding the 10% required
the London Plan. The provision of parking spaces for wheelchair units is discussed in the
transport section below.

LLP Policy H5(a)(i) requires for all new developments to provide dual aspect accommodation
unless exceptional circumstances are demonstrated. The scheme would provide 97% dual
aspect units (61 out of 63 units), which is strongly supported. With regard to the two single
aspect units, these are not north facing and would benefit from acceptable levels of internal
lighting.

Turning to daylight/sunlight considerations for the new flats within the Development, the study
submitted by the applicants identifies that 185 of the 187 rooms would achieve ADF levels
that either meeting or exceed the targets of the specific room use (1% bedrooms, 1.5% living
rooms 2% kitchens) set out in the BRE Guidelines. The two rooms which fall short are
bedrooms, located on the ground floor of Block B. These would achieve 0.7% ADF due to
being recessed behind an amenity space. Given that these rooms are bedrooms where less
light is expected, officers are satisfied the overall scheme performs exceptionally well in terms
of daylighting. With regard to the proposed amenity spaces at the rear of Building B, 99% and
98% of the areas would have at least 2hrs of sunlight on 21 March. This is supported on the
basis that the amenity spaces exceed the BRE Guidelines for natural lighting.

LLP Policy H5 requires amenity space for flatted developments to be of at least 50 sq.m per
scheme to be provided, plus a further 10 sq.m per flat provided either as a
balcony/terrace/private garden or consolidated with the communal amenity space. The
development is therefore required to deliver 680 sq.m. Additional supporting information
provided by the applicants demonstrates that 775 sq.m of private external areas (357 sq.m)
and two landscaped communal gardens (418 sq.m) to the rear of Building B would be provided
across the Site - 95 sq.m above the policy requirement. Officers are satisfied with the quantity
and quality of the amenity space which the scheme would deliver for its future residents.

LLP Policy H5 states that for developments of 10 or more units with at least one family-sized
dwelling, children's play space should be provided where appropriate to at least the levels set
out in the Mayor’s 'Shaping Neighbourhoods: Play and Informal Recreation' SPG. Play areas
should be easily accessible, overlooked by habitable rooms and enclosed either through
fencing, railings or other safety features. It is further stated that in exceptional circumstances
off-site provision may be acceptable. The Development would include 9 family-sized units as
defined in the LLP (i.e. flats that have three or more bedrooms). Using the toolkit provided by
the GLA, given the tenure of the Development, it can be concluded that the development
would result in an estimated child occupancy of 17 (7 children under 5 years old, 6 children
between the ages of 5 and 11 and 4 children over 12 years old). Therefore a total of 169.8
sq.m of children’s play space would be required, which could easily be accommodated within
the two communal amenity spaces. Details of this will be secured by condition.
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9 SURROUNDING RESIDENTIAL AMENITY

LLP Policy Q2 requires that new developments should do not result in a ‘significant increase
in the sense of enclosure or overlooking’ to neighbouring residential or sensitive buildings.
The policy also requires that new development does not have a detrimental impact upon
daylight/sunlight, increased noise and disturbance.

9.2 Daylight/sunlight and Overshadowing

A Daylight/Sunlight Assessment has been undertaken by the EB7 on behalf of the applicants.
The following properties have been assesses in respect of daylight/sunlight impacts:
 Boscombe Gardens;
 40-70 Ryan Court;
 524 & 526 Streatham High Road;
 1 – 5 (odds) Penistone Road;
 2 – 16 (evens) Penistone Road;
 1, 10, 12, 14 and 16 Kempshott Road; and
 508-510 Streatham High Road.

As stated above, the Site is currently cleared following the commencement of development
of the previously consented scheme. The previous scheme approved a maximum roof height
of 12.66m where it fronts Streatham High Road, reducing to 9.81m fronting Kempshott Road.
This represented a small increase in height from the existing building line of terraced
dwellinghouses along Kempshott Road, at 8.5m to the ridge height.

Building A is proposed to face Streatham High Road and the end of both Penistone Road and
Kempshott Road. This building has a maximum roof height of 18.2m. This is stepped back
from the front elevations, which are 16m in height.

The tallest part of the Kempshott Road building line (Building B) is now proposed at 13.9m.
This is stepped back from the front elevation, which is 11.3m, 2.8m higher than the ridge
height of the existing building line of terraced dwellinghouses.

The proposed heights therefore exceed those approved under the previous permission. In
addition, as the site has been cleared since that permission was granted, it is considered
appropriate for the baseline position of the daylight/sunlight assessment to be the previously
consented scheme.

Figure 8: Baseline scenario (consented scheme) and proposed scenario.


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Officers are satisfied with the quality of the assessment which has been undertaken by EB7.
Provided below is an officers consideration of the impact on the proposed development on
the occupiers of adjoining properties.

Boscombe Gardens

Daylight
In terms of Vertical Sky Component (VSC), there are four windows (all which appear to be
serving living rooms) which would experience a loss greater than 0.8, at 0.7. It should however
be recognised at these are all secondary windows and the main windows serving these rooms
would all meet VSC requirements under the BRE Guidelines. Furthermore, like all of the other
rooms tested within Boscombe Gardens, the rooms would experience no notable alteration in
the No-Sky Contour (NSC) and are compliant.

Sunlight
The site is located within 90 degrees due south of the application site and are therefore
required to be tested for Annual Probable Sunlight Hours (APSH). The results show that whilst
there are windows which would experience a loss of sunlight in excess of 0.8, all of the rooms
would retain in excess of 0.8 their existing APSH or are within 4% total ASPH of existing
values. This is therefore within BRE Guidelines.

40-70 Ryan Court


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This block of residential flats are located on the opposite (east) side of Streatham High Road
to the application site. Whilst the front elevation of the block would look directly onto the
Building A, the results from the testing confirms no loss of daylight, in excess of the 0.8 times
their former value for VSC and no notable change to the NSC. Furthermore, the sunlight tests
confirm that all of the rooms relevant for testing would retain more than 0.8 times their existing
APSH or are within 4% total APSH of existing values.

524 & 526 Streatham High Road

These are mixed use buildings south of the Site, which have commercial units on the ground
floor and residential flats on the upper floors. The results from the testing confirms that there
would be no loss of daylight, in excess of the 0.8 times their former value for VSC and no
notable change to the NSC. Furthermore, the sunlight tests confirm levels in excess of the
BRE targets.

1 – 5 (odds) Penistone Road

These 2-storey residential terrace properties are sited on the south side of Penistone Road
and front onto the Site. The results from the testing confirms that there would be no loss of
daylight, in excess of the 0.8 times their former value for VSC and no notable change to the
NSC. Furthermore, the sunlight tests confirm levels in excess of the BRE targets.
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2 – 12 (evens) Penistone Road

These 2-storey residential terrace properties are sited on the south side of Penistone Road
and back on to the Site. Again, the results from the testing confirms that when compared with
the consented scheme there would be no loss of daylight, in excess of the 0.8 times their
former value for VSC and no notable change to the NSC. Furthermore, the sunlight tests
confirm levels in excess of the BRE targets. In fact, it should be noted that as the proposed
buildings are set further away from the boundary than then consented scheme, No.2 would
experience a notable improvement in daylight to a number of windows and rooms.

1, 10, 12, 14 and 16 Kempshott Road

No.1 Kempshott Road, a 2-storey terraced property is located side on to the application site.
No.10 is a modern 2-storey detached house and Nos 12-16 Kempshott Road comprise a
terrace of single storey dwellings single storey. Despite the proposed scheme being taller
than the consented scheme, the results from the testing confirms that when compared with
the consented scheme there would be no loss of daylight, in excess of the 0.8 times their
former value for VSC and no notable change to the NSC. Furthermore, the sunlight tests
confirm levels in excess of the BRE targets. It should also be noted No.1 would experience a
notable improvement in daylight to a number of windows and rooms.
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508-510 Streatham High Road

508-510 Streatham High Road is a detached 3-storey plus basement mansion house to the
north of the application site. The results show that there would be no loss of daylight, in excess
of the 0.8 times their former value for VSC and no notable change to the NSC. The sunlight
tests confirm levels in excess of the BRE targets.

Overshadowing

Figure 9: Gardens and Amenity Spaces: Baseline scenario (consented scheme) & proposed
scenario.

The d/s study tests sunlight to existing gardens and amenity spaces located to the west, south
west and south of the Site. All of the gardens serve the rear of properties along Kempshott
Road and Penistone Road, which could be impacted upon by the Development have been
assessed. Figure 9 above compares the baseline (consented scheme) with the proposed
development, all except one of the gardens tested would experience a reduction in Sunlit Area
(i.e. area receiving at least 2hrs of sunlight on 21 March). The garden in question serves No.1
Penistone Road and would experience a 5% loss, which is well within BRE targets, and
therefore considered acceptable.
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Summary

Officers are satisfied that the development has been design to ensure that there would not be
an unacceptable impact upon the daylight and sunlight that properties and gardens around
the Site would receive.

9.3 Outlook and Sense of Enclosure

The rear elevation of Building A is sited approximately 30m away from the habitable rooms
on the rear elevation of No’s 2-14 Penistone Road and 17m from the end of the rear gardens.
Building B is located approximately 10m away from the flank wall elevation of No.2 Penistone
Road and chamfers away slightly towards the High Road. Officers are satisfied that the
outlook of adjoining residents would not be unduly compromised by the development.
Furthermore, proposals would offer a significant improvement when considered in the context
of the previously consented scheme.

9.4 Privacy

As noted above, the development is surrounded by residential land uses to both sides and
the rear. Building A is angled away from the rear elevation of the properties on Penistone
Road, therefore mostly preventing direct overlooking into rear windows. There would however
be an incidence of direct overlooking, into a window along the side elevation of No.2 Penistone
Road at distance of 10m, however this serves a landing as opposed to a habitable room.
Whilst an element of overlooking into neighbouring gardens on Penistone Road is
acknowledged, the rooms facing towards the rear gardens are all bedrooms, therefore
overlooking from residents will be minimised. The distances from the rear of Building B to the
neighbouring properties on Penistone Road would be approximately 30m, and therefore
substantial enough to not require obscure glazing.

9.5 Noise

The Council’s environmental heath advisors consider that appropriate measures have been
detailed in the supporting material and proposed in the scheme’s design to protect the amenity
of the future residents of the development and neighbouring dwellings. However, the acoustic
consultant’s report has identified an issue with peak noise events at night for the units facing
Streatham High Road. Additional measures may be required to manage this issue and a
condition is proposed to ensure this is progressed.

The proposed hours of operation of the proposed commercial uses are expected to be
restricted to ensure that the noise disturbance can be kept to a minimum. In accordance with
other self-storage facilities in the Borough which have a similar proximity to residential
dwellings, officers are recommending the following opening hours for the store: 08:00 to 20:00
hours, Mondays to Saturdays and 10:00 to 18:00 hours on Sundays, Public Holidays and
Bank Holidays.

9.6 Construction Impacts

London Plan Policy 5.3 relating to Sustainable Design and Construction and the London Plan
‘Sustainable Design and Construction’ SPD (April 2014) set out specific measures to ensure
sustainable design standards are integral to the proposal, including its construction. Measures
include the sustainable procurement of materials. The London Plan ‘Control of Dust and
Emissions During Construction and Demolition’ SPD (July 2014) sets out specific dust and
pollution control measures to ensure air quality impacts of construction and demolition are
minimised.
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The Development includes three basement levels which cover the majority of the site - officers
recognise the significant scale of the basement. In order for the scheme to be built a large
amount of earth would need to be removed as well as materials being transported to and from
the site. It is proposed that this would be taken away by construction vehicles. Local residents
have therefore raised concerns that this would harm their living conditions for a number of
years. The construction of the basement therefore needs to be managed carefully.

During the demolition and construction periods, as may be expected, a level of noise is
anticipated, as to it is possible for disturbance caused by vibration, as common with
construction projects in urban locations. The Construction Environment Management Plan
(CEMP) has been reviewed by the Council’s environmental health advisors and is considered
to have identified appropriate steps to minimise disruption during the construction phase.
However some of the construction activities have not yet been finalised, partly due the
applicants formally instructing a construction contractor, and therefore a condition requiring
these additional details is recommended.

Measures in the full CEMP to minimise the impact would include careful selection of
construction methods and plant to be used; switching off plant when not in use; enforcement
of restricted working hours for excessive noise activities; use of temporary acoustic barriers
and boundary monitoring of noise and vibration levels linked to an alarm system to warn site
management of possible significant levels. Consequently, with imposing such a condition,
together with the separate regulatory remits of Building Regulations and Environmental
Health, no detriment to the amenity of the surrounding residents is envisaged.

10 TRANSPORT

LLP Policy T1 states that the Council will promote a sustainable pattern of development in the
Borough, minimising the need to travel and reducing dependence on the private car. Policy
T6 states that planning applications will be supported where they do not have unacceptable
transport impacts, including cumulative impacts on: (i) highway safety; (ii) traffic flows; (iii)
congestion of the road network; (iv) on-street parking; (v) footway space, desire lines and
pedestrian flows; (vi) all other transport modes, including public transport and cycling.

London Plan Policy 6.3 requires proposals to ensure that impacts on transport capacity and
the transport network, at both a corridor and local level, are fully assessed. Development
should not adversely affect safety on the transport network.

10.2 Highway Impacts

The Site has a moderate level of accessibility by public transport, it is anticipated that a
number of trips will be undertaken by underground, train or bus, or by cycling or walking. The
proposed uses would result in an increased use of the public transport network; however, it
is considered that this increased demand can be accommodated by the existing public
transport network.
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The application site has a PTAL rating of 3 – 6 and there is no controlled parking zone (CPZ)
on the local streets in the area. A number of objections from local residents relate to the
implications which the development would have on vehicle parking and highway safety in the
area. The applicants have undertaken parking surveys in accordance with Lambeth’s
methodology, which demonstrates that the area suffers from vehicle parking stress. The
council’s transport officer identified that scheme was providing a shortfall of 19 spaces for the
residential units and 5 spaces for the offices, which would have resulted in unacceptable
impacts in respect of parking stress within the area. Through amendments to the scheme (set
out in the Figure 10 below), these spaces have been provided at basement level, by
decreasing the quantum of self-storage floorspace and reallocating some of the spaces to the
office use.

Parking Provisions October 2016 June 2016


Change
(submission) (amendments)
Office 0 5 5
Self-storage 22 12 -10
Residential 7 31 24
Car Club 1 1 0
Total 30 49 19
Figure 10: Proposed vehicle parking per use

The scheme would also provide an on-street car club bay for use of existing and future
residents in the area, which is supported as this would also help with parking stress in the
area. Officers therefore satisfied that the amount within the car parking provisions provided
by the Development.

In order to promote more sustainable methods of transport and to discourage from individual
car ownership, LLP Policy T7(a)(iii) requires new residential development to be provided with
free car club membership for a period of time, with the cost borne by the applicant. This would
be secured through a clause in a Section 106 Agreement. Whilst the site is not currently
located within a CPZ, it is also considered necessary to prevent future occupiers from applying
for a permit were the area to be designated as a CPZ in the future. This would also be secured
through a Section 106 Agreement.

10.3 Cycle Parking

Policy Q13 relates to cycle storage requires it to comply with various measures, including
requiring it to be fully integrated into the proposals from the initial design stage; directly and
conveniently accessed from outside the building; inclusive, secure and safe to use; in
individual lockers/cupboards or in cycle stores shared by small groups of immediate
neighbours; and covered, fully ventilated, robustly constructed and easy to maintain.

The provision of 109 cycle parking spaces, which are both secure and covered, is considered
sufficient for the number and type of residential units, as it would meet the London Plan
requirements. The deficit of 10 cycle parking spaces in provision relating to the self-storage
use also considered acceptable in light of the bespoke nature of the use and the limited
likelihood of visitors arriving by bike. In order to ensure that the cycle parking provision is
sufficient if a change of use occurs to an alternative storage and distribution use in the future,
a condition has been included which requires the additional cycle parking to be provided in a
specific part of the site, to ensure London Plan standards are met.
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10.4 Servicing and Deliveries

The self-storage and office elements are proposed to be serviced from the internal service
road between Kempshott Road and Penistone Road. It is anticipated that 4 HGVs would visit
the site per day. The applicant has submitted vehicular swept path for HGVs, which include a
300mm error margin. In terms of residential deliveries these are also proposed to take place
on-site (not on Kempshott Road), and the scheme includes a storage area behind the self-
storage facility reception to allow deliveries to be stored pending collection by residents. The
Council’s transport officer has advised that the proposed arrangements for deliveries are
considered to be acceptable subject to securing a delivery and service management plan
through a condition.

The draft Travel Plan submitted has been reviewed by the Council’s transport Officer and is
considered acceptable. A clause in the Section 106 Agreement is required to secure the final
version for the proposed land uses, together with a financial contribution of £3,000 for
monitoring.

Policy Q12 requires adequate refuse and recycling storage to be provided for all development
and sets out various expectations necessary to protect visual and residential amenity and
public health. Policy EN7 requires on-site waste management facilities to be incorporated into
all major development proposals unless it is demonstrated that provision is not viable or the
location renders the site unsuitable for such facilities. Refuse collection and recycling plans
have been submitted for the Development, these include swept path for the service vehicles
which suitably demonstrated refuse vehicles can manoeuvre around the site when making
collections for the commercial uses. The residential units would have refuse stores facing
onto Streatham High Road and Kempshott Road, which is considered acceptable by the
council’s environmental support officer. Furthermore, the applicants have confirmed that the
refuse storage bins for all uses within the new development would comply with Lambeth’s
policy for the size of the storage bins and collection distances.

11 OTHER KEY PLANNING CONSIDERATIONS

11.1 Sustainable design and construction

The Mayor’s vision is for London to become “a world leader in improving the environment
locally and globally, taking the lead in tackling climate change, reducing pollution, developing
a low carbon economy and consuming fewer resources and using them more effectively”.
LLP Policy EN4 requires development to meet the highest standards of sustainable design
and construction feasible, relating to the scale, nature and form of the proposal. The LLP also
requires major non-residential development to accord with BREEAM requirements, where at
least BREEAM ‘Excellent’ should be achieved, unless it is demonstrated that it is not
technically feasible or viable to do so, in which case proposals should achieve a ‘Very Good’
rating with a minimum score of 63%.

London Plan Policy 5.2 states that development proposals should make the fullest
contributions to minimising carbon dioxide emissions in accordance with the following
energy hierarchy:
Be lean: use less energy
Be clean: supply energy efficiently
Be green: use renewable energy
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The requirements of London Plan Policy 5.2 are that the residential areas should achieve zero
carbon, and where this is not possible, 35% should be achieved on site with the remainder
accounted for with a carbon off-set payment. Commercial areas are required to achieve a
reduction of 35%. The residential element of the Development is anticipated to achieve
between a 44% and 55% reduction in carbon dioxide emissions, whilst the commercial area
would achieve a 53% reduction in carbon dioxide emissions. The applicant has demonstrated
that all opportunities to reduce carbon dioxide have been maximised through such measures
as photovoltaic solar panels and using a Combined Heat and Power (CHP) system. In terms
of the commercial areas, it is understood that mechanical ventilation may be required to
prevent overheating. A condition is required for further details of this.

A carbon offset financial contribution is required to take account of the deficit in carbon dioxide
reductions below the London Plan targets. This is calculated on the basis of £60 per tonne of
additional emissions over a 30 year period. The total carbon offset financial contribution has
been calculated at £80,271.00. This would be secured through the Section 106 Agreement.
Subject to this and subject to the Development being constructed in accordance with the
submitted Energy Strategy, the application is considered acceptable in this respect.

The BREEAM pre-assessment indicates that the commercial parts of the building would
achieve an ‘Excellent’ rating with an overall score of 71.08%, which is in accordance with
Policy EN4.

As required by London Plan Policy 5.15, all new residential developments are required to
minimise the consumption of water to meet a target of 105 litres or less per head per day. It
has been outlined by the applicant how this would be achieved, but further details are
requested by condition to ensure that this policy target it met.

11.2 Air Quality

The applicant has not submitted air quality exposure and Air Quality Neutral assessments for
review. The London Plan requires that developers design schemes, so that they are at least
‘air quality neutral’, minimise the generation of air pollution and to minimise and mitigate
against increased exposure to poor air quality. The council’s environmental health advisors
have required that any planning approval is subject to a condition so that these London Plan
objectives can be met.

11.3 Flood Risk, Land Stability and Drainage

The Site is located within Environment Agency Flood Zone 1, which in itself is considered to
have a low risk of fluvial flooding. LLP Policy EN5 seeks to steer development towards areas
of lowest flood risk and to ensure that development does not increase flood risk and where
possible reduces flood risk for all forms of flooding. Furthermore, LLP Policy EN6 requires
that sustainable drainage systems (SuDS) are incorporated in development proposals to
mitigate and enhance the development’s impact on flood risk, water quality and
habitat/amenity value.

Given all of the proposed residential accommodation would be situated above ground floor
level and given the location of the Site in Flood Zone 1, it is considered that the Development
would not have an unacceptable risk to flooding. In making this conclusion it is noted that the
proposals would not result in an increase in impermeable areas but would in fact introduce
measures to collect rainwater such as green roofs and soft landscaping as detailed in the
submitted Drainage Statement.
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The Environment Agency have provided comments and whilst no objections have been
raised, it has been requested that a condition be added requiring a piling method statement
to be submitted for approval. This is required to prevent any damage to underground sewer
infrastructure.

In accordance with paragraph 121 of the NPPF it is necessary to have regard to the suitability
of the site for the Development in terms of ground conditions and land instability. An
assessment was provided with regard to land stability and following the recommendations of
the Council’s Building Control department, the application is considered acceptable in this
respect.

Given the above assessment, the application is considered acceptable with regard to flood
risk and land stability. However given the size and scale of the proposed basement, officers
are recommending a pre-commencement condition that requires no development shall take
place until a scheme of detailed investigation of the hydrogeological environment written by a
suitably qualified scientific and authoritative person (which is what the statutory guidance
states) and a scheme to deal with the risks associated with the hydrogeological setting of the
site and the proposed development be submitted to and approved by the local planning
authority.

The council’s environmental health advisor considers that the planning authority should
instruct their own authoritative advisor (Structural Engineer) to ensure that the risk of
movement from the excavation is controlled. A movement monitoring scheme needs to be
developed including trigger levels which would need to be reviewed by an agreed third party
structural engineering. This will be secured through the Section 106 Agreement.

11.4 Landscaping, Ecology and Biodiversity

LLP Policy EN1 relating to open space and biodiversity seeks to protect, enhance, create or
manage nature conservation and biodiversity interest.

At this stage external landscaping plans (both soft and hard) for the application site are limited
and officers would require more detail at a later stage to be secured by condition. The
applicant must ensure all soft external landscaping is of a high quality and its maintenance is
sufficiently robust, with detailed design and planting specifications supported by maintenance
schedules. This is particularly important in terms of ‘softening up’ the new built structures and
providing access to green space for residents and visitors, which needs careful design,
creation and maintenance to ensure that they do not become a future problem or are
inappropriately used or managed.

The proposal is unlikely to affect any statutorily protected sites or landscapes and therefore
has no objection in this respect. Officers have encouraged the incorporation of green
infrastructure including improved flood risk management, provision of accessible green space
and biodiversity enhancement. The Development must also include landscaping features that
have high ecological value, for areas of green roof – or alternative features - which are of high
biodiversity value on or within the development. However, it is essential that their design,
construction, planting and subsequent maintenance are of the required standard to deliver
benefit to wildlife such as birds (especially black redstarts); these standards would be secured
by subsequent condition.
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The design of the scheme would incorporate ‘green roofs’. However, officers will require more
detailed information as to not only the net area of green roof that will be provided as part of
the final development but also the type(s) of green roof, their composition and how they will
be maintained. Officers strongly support the inclusion of areas of green roof on the proposed
new buildings as well as on other buildings in the amenity space in the centre of the site, and
for a significant proportion of these roofs and the net area to be biodiverse (‘brown’) roofs
which have a higher biodiversity value that standard sedum roofs.

11.5 Archaeology

The site is located within an Archaeological Priority Area. London Plan Policy 7.8 and Local
Plan Policy Q23 are relevant to the archaeological priority zone designation at the site. The
policies require the preservation, protection, safeguarding and enhancement of
archaeological monuments, remains and their settings in development, seeking a public
display and interpretation where appropriate. Proper investigation and recording should also
be undertaken as an integral part of a development programme. Historic England
(Archaeology) has advised that they have no objection to the proposal, and based on the
information provided by the applicants, are not requiring any planning conditions.

11.6 Land Contamination

LLP Policy EN4 requires adequate remedial treatment of any contaminated land before
development can commence. The development site comprises former warehousing and
garage uses. An intrusive site investigation has been undertaken previously and is referred
to in the structural engineer’s report and the Ground Movement and Hydrogeological Impact
Assessment. The previous investigation identified issues of heavy metal and hydrocarbon
contamination at the site. One underground fuel storage tank was removed but others may
be present.

The structural engineers report considers that this geo-environmental report should be fully
updated. The CEMP also identifies that the site may be contaminated and further testing may
be required.

To ensure these recommendations are implemented and any potential risk from
contamination is mitigated, conditions relating land contamination are proposed requiring:

 A site investigation scheme with results and findings, a detailed risk assessment, an
options appraisal and remediation strategy; and
 The submission of a verification report demonstrating completion of the remediation works.

11.7 Secured by Design

All new development is required to minimise the risks of opportunistic crime, anti-social
behaviour and fear of crime, in accordance with London Plan Policy 7.3 and LLP Policy Q3.
The scheme proposes a mix of commercial and residential land uses which therefore gives
rise to a whole host of issues.

It is anticipated that the access and parking area would be secured outside of operating hours
with a full height gate at either end. There would also be a number of opportunities when
inside the buildings and the basement levels to gain access between the different uses of the
Development, which could compromise the security of those occupants. Security doors would
be required in a number of areas to ensure this is acceptably managed both during the day-
to-day usage of the building and also during fire emergencies.
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The Metropolitan Police (Secure By Design) officer have advised that the development would
be acceptable subject to a condition requiring appropriate measures to be incorporated, in
line with the requirements of BREEAM ‘Excellent’.

12 PLANNING OBLIGATIONS

12.1 Section 106

Local Plan Policy D4 specifies when Section 106 planning obligations will be sought from
development proposals. This includes funding local improvements to mitigate the impact of
the development in accordance with the draft revised S106 planning obligations SPD (July
2013) and Planning Obligations SPD (Updated April 2012).

In accordance with Policy D4, officers have discussed with the applicant the need for planning
obligations. The final package of obligations reflects current circumstances and the individual
facts of the Development. The draft heads of terms for the planning obligation have been
agreed with the applicant and these are set out below. These are considered necessary to
make the development acceptable.

Affordable Housing
- Clawback mechanism to ensure the BTR units remain as rental units for a period of 15
years. Should any unit revert to build for sale a cash-in-lieu payment to the Council shall
be paid.

- Securing the following affordable housing: 4 x 2-bed units at LHA rent level, 6 x 3-bed units
at rent level equivalent to social rent (as per the offer of 4 th July), 3 x 1-bed units as
discounted market rent (DMR), with 30% discount from market rent levels.

- Secure a management strategy for the affordable units in terms of tenancy


arrangements, service charges and nomination.

- A review mechanism to be carried out at either or both of the following points:

- If construction works (excluding demolition) has not commenced within 24 months


of the date of the permission; and

- At the occupation of no more than 75% of the market units.

Any financial contribution arising (in-lieu of providing additional affordable housing on-site)
from a review of viability would be capped to the policy requirement to provide 40%
affordable housing, with the surplus split between the developer (20%) and the Council
(80%).

Transport and Movement

- Prevention of issuing parking permits should the surrounding streets be designed as a


CPZ in the future;
- Travel Plan monitoring fee £3,000.00;
- Details of car club bay and payment of £10,000 for one on-street car club bay;
- Free membership for one resident of each flat for a period of 3 years;
- Electric vehicle charging points.

Employment, Skills, Training and Labor

- Constructing the commercial accommodation to ‘turn-key’ standard


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- Securing a Local Labour in Construction financial obligation of £58,315.00 (£2,500 per £1


million construction costs of £23,326,000).
- Securing employment and training opportunities including apprenticeships, procurement,
training and brokerage arrangements, both through the construction phase of the
development and in the end use of the building.

Sustainability
- Carbon off-set contribution of £80,370.77

Basement Construction/Excavation
- An engineering/movement assessment is undertaken and submitted to LPA for approval by
an authoritative advisor (Structural Engineer) appointed by the LPA to review. Cost of
independent consultant review to be covered by applicant.
- Details shall be submitted to LPA for approval by an authoritative advisor appointed by the
LPA to review (cost of independent consultant review to be covered by applicant) showing
how the waste transfer unit has been suitably designed to minimise the breakout of noise
and vibration through the building fabric and transmission of noise and vibration through
walls into adjoining units. These details shall be accompanied by a noise and vibration
assessment.

Other
- Monitoring fee of £7,434.28 (5% of total financial contributions of £148,685.77).

12.2 CIL contribution

If the application is approved and the development is implemented, a liability to pay the
Lambeth and Mayoral Community Infrastructure Levy (CIL) will arise. The Council’s CIL Team
will confirm with the applicant the required CIL payment following the granting of planning
permission, however there is anticipated to be a Lambeth CIL liability of £311,650 and a
Mayoral CIL liability of £522,445. Please note these figures do not include indexation and do
not account for the social housing relief that would be available.

Allocation of CIL monies to particular infrastructure projects is not a matter for consideration
in the determination of planning applications. Separate governance arrangements are being
put in place for Borough Infrastructure needs, and locally through the Cooperative Local
Investment Plan initiative.

13 CONCLUSIONS

The application proposes a mixed-use scheme, comprising a self-storage facility, offices, and
63 build to rent residential units. The application has been subject to detailed pre-application
discussions through the Council’s Planning Performance Agreement (PPA) process.
Proposals for the Site were presented to the Council’s Strategic Panel in April 2016. The
current application was presented at PAC Members Technical Briefing on 7 August 2017.

The scheme is considered to maximise the provision of the existing commercial floorspace in
the context of providing a mixed-use redevelopment of the Site. It would also provide
employment opportunities for the local area through the provision of a self-storage facility and
some good quality office space for small and medium enterprises (SMEs). Furthermore, the
scheme would provide employment and training benefits for local people during the
construction phase of the Development and in the end use of the site.
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The Development would provide a high quality residential environment for all future occupiers
and would contribute to meeting Lambeth’s and London’s housing targets. The proposed PRS
housing model is supported by the Mayor as it is seen to be meeting London's housing needs.
All of the new dwellings have been designed to meet relevant standards in terms of size,
layout, aspect and adaptability and also through the provision of communal and private
amenity space. All of the proposed units would achieve appropriate levels of outlook and
daylight and sunlight.

The viability of the Development has been assessed and independently verified, which
confirmed that the scheme would not be able to make contribution towards affordable
housing. The applicants have however made a business decision to offer 20% as affordable
homes (Discount Market Rent) – comprising 4 x 2-bed units at Local Housing Allowance
(LHA) rent level, 6 x 3-bed units at rent level equivalent to social rent and 3 x 1-bed units with
a 30% discount from market rent. A review mechanism would be secured by the council
through a legal clause to ensure that where a surplus occurs (up to a policy compliant level),
this would be payable to the Council in-lieu of an additional provision of on-site affordable
housing.

The two new buildings are considered to be appropriate in their siting, scale, form and detailed
design, noting that despite their additional height, they would integrate relatively well with the
adjacent buildings and would cause no harm to any of the surrounding heritage assets. The
proposals would ensure that levels of privacy and outlook of adjoining residential uses is
maintained. In terms of daylight and sunlight, the scheme is not considered to impact
unacceptably upon the amenity of neighbouring residential properties. The construction of the
three basement levels would not have a harmful impact on ground stability or flooding.

The Site is within a sustainable location with moderate public transport links. There is currently
no controlled parking zone (CPZ) in the local area. The surrounding streets are identified as
suffering from parking stress and the scheme was amended accordingly to provide additional
parking spaces at basement levels for the residential units and offices. The applicant has also
demonstrated that the proposed land uses can be serviced without having a detrimental
impact upon the function or safety of the surrounding highway network.

Officers consider that the Development would be in general compliance with the development
plan for the Borough. There are no material considerations of sufficient weight that would
dictate that the application should otherwise be refused. Officers are therefore recommending
approval of the scheme, subject to conditions and section 106 obligations in accordance with
the presumption in favour of sustainable development conferred upon Local Planning
Authorities by the National Planning Policy Framework (NPPF).

14 RECOMMENDATION

Resolve to grant conditional planning permission subject to the satisfactory completion of an


agreement pursuant to Section 106 of the Town and Country Planning Act 1990 as set out in
this report.

Agree to delegate authority of the Director of Planning and Development to:

 Finalise the recommended conditions as set out in this report; and

 Negotiate, agree and finalise the planning obligations as set out in this report pursuant to
Section 106 of the Town and Country Planning Act 1990.
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Delegate authority to the Assistant Director of Planning and Development to refuse planning
permission in the event that the Section 106 Agreement is not completed by 31 October 2017
(or an alternative timeframe agree with the LPA) on the grounds that the development would
have an unacceptable impact on – affordable housing; transport and highways; sustainability
and local labour in construction.

In the event that the committee resolves to refuse planning permission and there is a
subsequent appeal, delegated authority is given to Officers, having regard to the heads of
terms set out in the report, to negotiate and complete a Section 106 Agreement in order to
meet the requirements of the Planning Inspector.

15 PLANNING CONDITIONS AND INFORMATIVES

Standard Conditions

1. Commencement Date
The development to which this permission relates must be begun no later than three years from the
date of this decision notice.

Reason: To comply with the provisions of 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. Approved Plans
The development hereby permitted shall be carried out in accordance with the approved plans listed
in this notice, other than where those details are altered pursuant to the requirements of the
conditions of this planning permission.

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

Environmental Mitigation

3. Construction and Environmental Method Plan


The development hereby approved shall not commence until a Construction and Environmental
Management Plan (CEMP) has been submitted to and approved in writing by the local planning
authority. The CEMP shall include details of the following relevant measures:

i. An introduction consisting of construction phase environmental management plan, definitions and


abbreviations and project description and location;
ii. A description of management responsibilities;
iii. A description of the construction programme which identifies activities likely to cause high levels
of noise or dust;
iv. Site working hours and a named person for residents to contact;
v. Detailed Site logistics arrangements;
vi. Details regarding parking, deliveries, and storage;
vii. Details regarding dust and noise mitigation measures to be deployed including identification of
sensitive receptors and ongoing monitoring;
viii. Details of the hours of works and other measures to mitigate the impact of construction on the
amenity of the area and safety of the highway network; and
ix. Communication procedures with the LBL and local community regarding key construction issues
– newsletters, fliers etc.

The construction shall thereafter be carried out in accordance with the details and measures
approved in the CEMP for the related phase, unless the written consent of the
Local Planning Authority is received for any variation.
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Reason: This is required prior to construction to avoid hazard and obstruction being caused to users
of the public highway and to safeguard residential amenity during the whole of the construction
period (Policies T6 and Q2 of the Lambeth Local Plan 2015).

4. Ground Contamination
No demolition or development shall commence until the following components of a scheme to deal
with the risks associated with contamination of the site have been submitted to and approved in
writing by the Local Planning Authority:

i) A site investigation scheme, based on previous findings to provide information for a detailed
assessment of the risk to all receptors that may be affected, including those off-site;
ii) The site investigation results and the detailed risk assessment resulting from i);
iii) An options appraisal and remediation strategy giving full details of the remediation measures
required and how they are to be undertaken;
iv) A verification plan providing details of the data that will be collected in order to demonstrate that
the works set out in iii) are complete and identifying any requirements for longer-term monitoring of
pollutant linkages, maintenance and arrangements for contingency action.

The development shall thereafter be implemented in accordance with the details and measures
approved.

Prior to occupation of any part of the development or in accordance with a time table submitted to
and agreed in writing with the planning authority, verification report(s) demonstrating completion of
the works set out in the approved remediation strategy and the effectiveness of the remediation
shall be submitted to and approved in writing by the Local Planning Authority. The report shall
include results of sampling and monitoring carried out in accordance with the approved verification
plan to demonstrate that the site remediation criteria have been met. It shall also include any plan
(a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages,
maintenance and arrangements for contingency action, as identified in the verification plan, and for
the reporting of this to the Local Planning Authority.

If, during development, contamination not previously identified is found to be present at the site
then no further development shall be carried out until the developer has submitted, and obtained
written approval from the Local Planning Authority for, an amendment to the remediation strategy
detailing how this unsuspected contamination will be dealt with.

Reason: Development must not commence before this condition is discharged to safeguard future
users or occupiers of this site and the wider environment from irreversible risks associated with the
contaminants which are present by ensuring that the contaminated land is properly treated and
made safe before development. Depending on the outcome of any ground investigation and
subsequent risk assessment, it may be necessary for remediation to be carried out. If this is the
case, it will be necessary to demonstrate that any work has been carried out effectively and the
environmental risks have been satisfactorily managed (Policies 5.21 of the London Plan and EN4
of the Lambeth Local Plan 2015).

5. Basement – Hydrogeology
No development shall take place until a scheme of detailed investigation of the hydrogeological
environment written by a scientific and authoritative person has been submitted to and approved in
writing by the Local Planning Authority. The scheme shall include:

i) A detailed conceptual model including cross sectional drawings for each face of the basement(s)
to be constructed
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ii) A site investigation scheme, to specifically assess the ground water environment and provide
data to predict and assess the potential impacts of the proposed basement construction hereby
approved.

Reason: Development must not commence before this conditions is discharged to avoid hazard in
relation to land instability and increased flood risk caused by the basement excavation (Paragraph
121 of the National Planning Policy Framework 2012 and Policy EN5 of the Lambeth Local Plan
(2015)).

6. Basement – Hydrogeology (Part II)


Unless otherwise agreed in writing by the local planning authority no development other than
demolition shall commence until the following components of a scheme to deal with the risks
associated with the hydrogeological setting of the site and the proposed development have been
submitted to and approved in writing by the Local Planning Authority:

iii) a detailed assessment of the risk to all receptors that may be affected, including those off-site
iv) an options appraisal of the potential impacts and the remedies that might be available including
estimated cost
v) full details of the hydrogeological mitigation measures required and how they are to be
undertaken;
vi) demonstration of how cumulative and reasonable worse case effects have been considered;
vii) verification plan providing details of the data that will be collected in order to demonstrate that
the works set out in
v) are complete and identifying any requirements for longer-term monitoring, maintenance and
arrangements for contingency action.

All work shall be supervised by the agreed scientific and authoritative person in accordance with
the mechanisms and procedures specified in the approved verification plan and a comprehensive
non- technical summary document of the assessments provided and information submitted against
(iii) to (vii) of this condition. The scheme shall be implemented in accordance with the approved
details and mitigation measures, and they shall be permanently retained and maintained in working
order for the duration of the use and their operation.

Reason: Development must not commence before this conditions is discharged to avoid hazard in
relation to land instability and increased flood risk caused by the basement excavation (Paragraph
121 of the National Planning Policy Framework 2012 and Policy EN5 of the Lambeth Local Plan
(2015).

7. Construction machinery
No non-road mobile machinery (NRMM) shall be used on the site unless it is compliant with the
NRMM Low Emission Zone requirements (or any superseding requirements) and until it has been
registered for use on the site on the NRMM register (or any superseding register).

Reason: To ensure that air quality is not adversely affected by the development (London Plan Policy
7.14 and the Mayor’s SPG: The Control of Dust and Emissions During Construction and Demolition)

8. Air Quality Assessment


Prior to commencement of development an Air Quality Neutral Assessment must be undertaken
and submitted to the Local Planning Authority for approval. Where Air Quality Neutral benchmarks
cannot be met a scheme of mitigation must be submitted which includes on site mitigation that is
part of the proposed development and may also include offsetting away from the site. The details
as approved shall be implemented prior to occupation of the development and thereafter be
permanently retained.
Page 280

Reason: To minimise increased exposure to existing poor air quality and make provision to address
local problems of air quality (particularly within AQMAs) (London Plan Policy 7.14)

9. Air Quality Mitigation


Prior to commencement of development a scheme of air quality protection and mitigation for the
proposed residential receptors facing Streatham High Road shall be submitted and approved in
writing by the Local Planning Authority. The scheme shall be implemented in accordance with the
approved details and shall be permanently retained and maintained in working order for the duration
of the use hereby approved.

Reason: To minimise increased exposure to existing poor air quality and make provision to address
local problems of air quality (particularly within AQMAs) (London Plan Policy 7.14).

10. Piling Method Statement


For each building, no impact piling or other penetrative foundation work shall take place until a
Piling Method Statement has been submitted to and approved in writing by the Local Planning
Authority. The Piling Method Statement shall include details of:

a) The depth and type of piling to be undertaken;


b) The methodology by which such piling will be carried out;
c) Measures to prevent and minimise the potential for damage to subsurface water infrastructure;
d) Measures to ensure there is no resultant unacceptable risk to groundwater as a result of the
work; and
e) The programme for the works. Any piling or other penetrative works must be undertaken in
accordance with the terms of the approved Piling Method Statement, unless the written consent of
the Local Planning Authority is received for any variation.

Reason: The information is required prior to any piling or other penetrative works commencing to
decrease and manage potential impact from piling or other penetrative works on nearby
underground water utility infrastructure, to ensure that any piling works would not unduly impact
upon the local underground sewerage utility infrastructure and in order to avoid adverse
environmental impact upon the community. (Policies EN5 and EN6 of Lambeth Local Plan 2015).

11. Plant layout


Prior to the commencement of building works above ground of the relevant part of the development,
full details (including elevational drawings) of any internal and external plant equipment and
trunking, including building services plant, ventilation and filtration equipment and commercial
kitchen exhaust ducting / ventilation, shall be submitted to and approved in writing by the Local
Planning Authority. All flues, ducting and other equipment shall be installed in accordance with the
approved details prior to the use commencing on site and shall thereafter be maintained in
accordance with the manufacturer's instructions.

To ensure that no nuisance or disturbance is caused to the detriment of the amenities of future
residential occupiers or of the area generally (Policy Q2 of the Lambeth Local Plan 2015).

12. Plant testing


The use hereby permitted, or the operation of any building services plant, shall not commence until
an assessment of the acoustic impact arising from the operation of all internally and externally
located plant has been submitted to and approved in writing by the Local Planning Authority. The
assessment of the acoustic impact shall be undertaken in accordance with BS 4142: 2014 (or
subsequent superseding equivalent) and current best practice, and shall include a scheme of
attenuation measures to ensure the rating level of noise emitted from the proposed building services
plant is 10dB less than background.
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Reason: To protect the amenities of future residential occupiers and the surrounding area
(Policy Q2 of the Lambeth Local Plan 2015).

13. Environmental Noise Mitigation


Prior to the commencement of superstructure works, a scheme of noise and vibration attenuation
shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall
achieve the habitable room standard as detailed in BS8233:2014 with no relaxation for exceptional
circumstances and must include details of post construction validation. The approved noise and
vibration attenuation measures shall thereafter be retained and maintained in working order for the
duration of the use in accordance with the approved details.

Reason: To ensure that no nuisance or disturbance is caused to the detriment of the amenities of
future occupiers (Policy Q2 of Lambeth Local Plan 2015).

Design and Conservation

14. Detailed plans


Prior to the commencement of development above ground level and notwithstanding the details
shown on the drawings hereby approved, detailed construction drawings of all external elevations
(at scale 1:10) including the following items shall be submitted to and approved in writing by the
Local Planning Authority. The development shall not be carried out other than in accordance with
the approved details unless otherwise agreed in writing by the Local Planning Authority.

(a) Detailed elevations;


(b) Details of windows (including technical details, opening methods, elevations, reveal depths,
plans and cross sections);
(c) Details of terraces and balconies (including soffits), balustrades, privacy screens, planters and
storage;
(d) Details of lightwell enclosures (including cross sections)
(e) Details of entrances, canopies and doors (including technical details, elevations, surrounds,
reveal depths, plans and sections);
(f) Details of roof treatments, cills and parapets;
(g) Details of rainwater goods (including locations and fixings);
(h) Details of boundary treatments including external walls, fences and gates;
(i) Details of external furniture, lighting and ramps;
(j) Vents, extracts, flues and ducts;

The privacy screens and planters to terraces referred to under part (c) of the above shall be installed
prior to the occupation of the residential units hereby approved and retained as such for the duration
of the development.

Reason: To ensure that the external appearance of the building is satisfactory and to protect the
privacy of adjoining occupiers (Policies Q2, Q5 and Q7 of the Lambeth Local Plan 2015).

15. Materials
No above ground development of the building shall take place until a schedule of all materials to be
used in the external elevations, including samples and the invitation to view a brick sample panel
with pointing on site, shall be submitted and approved in writing by the Local Planning Authority.
The development shall not be carried out other than in accordance with the approved materials
unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the external appearance of the building is satisfactory (Policies Q5 and Q7
of the Lambeth Local Plan 2015).
Page 282

16. Plumbing
No plumbing or pipes, other than rainwater pipes, shall be fixed to the external faces of buildings.

Reason: To ensure an appropriate standard of design (Policies Q6, Q8 and PN3 of the Lambeth
Local Plan 2015).

Amenity

17. Sound insulation


Prior to the commencement of building works above ground, a scheme of sound insulation and
vibration isolation for the residential units of each relevant block shall be submitted to and approved
in writing by the Local Planning Authority. The scheme shall achieve the habitable room standards
as detailed in BS8233:2014 with no relaxation for exceptional circumstances and must include
details of post construction validation. Thereafter the development shall be carried out in
accordance with the approved details and a separate validation report shall be submitted to and
approved in writing by the Local Planning Authority 3 months prior to occupation.

Reason: To ensure that no nuisance or disturbance is caused to the detriment of the amenities of
future occupiers (Policy Q2 of the Lambeth Local Plan 2015).

18. Plant Equipment


Prior to the commencement of building works above ground, full details of internal and external
plant equipment and trunking, including building services plant, ventilation and filtration equipment
and any exhaust ducting / ventilation, shall be submitted to and approved in writing by the Local
Planning Authority. All flues, ducting and other equipment shall be installed in accordance with the
approved details prior to the uses commencing on site and shall thereafter be maintained in
accordance with the manufacturer's instructions.

Reason: To ensure that no nuisance or disturbance is caused to the detriment of the amenities of
future residential occupiers or of the area generally (Policy Q2 of the Lambeth Local Plan 2015).

19. Environmental Noise Mitigation

Prior to the commencement of development a scheme of measures to ensure that all residential
units have access to amenity space within the development where noise levels do not exceed 55dB
LAEQ(16 hour) shall be submitted to and approved in writing by the Local Planning Authority. The
scheme shall include details of post construction validation. Thereafter the development shall be
carried out in accordance with the approved details and a separate validation report shall be
submitted to and approved in writing by the Local Planning Authority 3 months prior to occupation.

Reason: To protect the amenities of future residential occupiers and the surrounding area
(Policy Q2 of the Lambeth Local Plan 2015).

20. Hours of Operation


The self-storage B8 use hereby permitted shall not operate other than within the following times:

08:00 to 20:00 hours Mondays to Saturdays


10:00 to 18:00 hours on Sundays, Public Holidays and Bank Holidays

Reason: To protect the amenities of adjoining occupiers and the surrounding area (Policy Q2 of the
Lambeth Local Plan 2015)
Page 283

21. Noise levels


Noise and vibration from any mechanical equipment or building services plant shall not exceed
the background noise level when measured outside the window of the nearest noise sensitive or
residential premises, when measured as a L90 dB(A) 1 hour.

Reason: To protect the amenities of future residential occupiers and the surrounding area (Policy
Q2 of the Lambeth Local Plan 2015).

22. Lighting
Prior to occupation of the development a lighting scheme must be submitted to and approved by
the Local Planning Authority, in accordance with the Institute of Lighting Professional’s (ILP)
Guidance notes for the reduction of obstructive light. The scheme must be designed by a suitably
qualified person in accordance with the recommendations for environmental zone E3 in the ILP
document “Guidance Notes for the Reduction of Obtrusive Light GN01:2011”. The development
shall thereafter be carried out in accordance with the approved details prior to the occupation of the
development hereby permitted.

Reason: To ensure minimal nuisance or disturbance is caused to the detriment of the amenities of
adjoining occupiers and of the area generally (Policy Q2 of the Lambeth Local Plan 2015).

23. Wheelchair units


At least ten per cent of the residential units hereby permitted shall be constructed to comply with
Part M4(3) of the Building Regulations. Any communal areas and accesses serving the M4(3)
compliant Wheelchair User Dwellings should also comply with Part M4(3). All other residential units,
communal areas and accesses hereby permitted shall be constructed to comply with Part M4(2) of
the Building Regulations.

Reason: To secure appropriate access for disabled people, older people and others with mobility
constraints (Policies 3.8 of the London Plan and Policy Q1 of the London Lambeth Local Plan 2015).

24. Permitted Development Rights


Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 or the
Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any
orders revoking and re-enacting those orders with or without modification) the self-storage
floorspace located on the ground and basement floors shall not be used for any purpose other than
for purposes that fall within Classes B8 in the Schedule to the Town and Country Planning (Use
Classes) Order 1987.

Reason: To ensure that no nuisance or disturbance is caused to the detriment of the amenities of
adjoining occupiers or users of the area generally (Policy Q2 of the Lambeth Local Plan 2015).

Transport and Parking

25. Cycle Parking


Details of the provision to be made for cycle parking for the residential and commercial uses shall
be submitted to and approved in writing by the Local Planning Authority prior to the occupation of
the development hereby permitted. The cycle parking shall thereafter be implemented in full in
accordance with the approved details before the uses hereby permitted commences and shall
thereafter be retained solely for its designated use.

Reason: To ensure adequate cycle parking is available on site and to promote sustainable modes
of transport (Policies T1, T3 and Q13 of the Lambeth Local Plan 2015).
Page 284

26. Travel Plan


A Travel Plan Statement for the residential units and a Travel Plan for the office use shall be
submitted to and approved in writing by the Local Planning Authority prior to the use hereby
permitted commencing. The measures approved in the Travel Plan Statement and Travel Plan shall
be implemented prior to the use hereby permitted commencing and shall be so maintained for the
duration of the use, unless the prior written approval of the Local Planning Authority is obtained to
any variation.

Reason: To ensure that the travel arrangements to the site are appropriate and to limit the effects
of the increase in travel movements (London Plan 2016 Policies 6.3 and 6.13, and Policy T7 of the
Lambeth Local Plan 2015).

Environmental matters

27. Landscaping
Prior to the occupation of the development hereby permitted, a landscaping scheme shall be
submitted to and approved in writing by the Local Planning Authority. The development hereby
permitted shall be thereafter carried out in accordance with the approved details within the first
planting and seeding season following the occupation of the development hereby permitted or the
substantial completion of the development, whichever is the sooner, but notwithstanding this, all
structural planters shall be installed prior to the occupation of the development and retained as such
for the duration of the development hereby approved.

Any trees, hedgerows or shrubs forming part of the approved landscaping scheme which within a
period of five years from the occupation or substantial completion of the development die, are
removed or become seriously damaged or diseased shall be replaced in the next planting season
with others of similar size and species, unless the Local Planning Authority gives written consent to
any variation.

All tree, shrub and hedge planting included within the above specification shall accord with
BS3936:1992, BS4043:1989 and BS4428:1989 (or subsequent superseding equivalent) and
current Arboricultural best practice. The submitted details are expected to demonstrate the
following:

a) The quantity, size, species, position and the proposed time of planting of all trees and shrubs to
be planted.
b) An indication of how they integrate with the proposal in the long term with regard to their mature
size and anticipated routine maintenance and protection.
c) Specification of which shrubs and hedges to be planted that are intended to achieve a significant
size and presence in the landscape.
d) The type and location of paving materials.
e) Details of structural planters.
f) Type, location and target age users of external play space.

Reason: In order to ensure high quality hard and soft landscaping in and around the site in the
interests of the ecological value of the site and in the interests of visual amenity, and in order to
ensure adequate children’s play space facilities (Policies H5, Q2, Q9 and Q10 of the Lambeth Local
Plan 2015).
Page 285

28. Landscaping Maintenance Programme


Prior to the occupation of the development, a schedule of landscape maintenance for a minimum
period of 5 years shall be submitted to and approved in writing by the Local Planning Authority.
The schedule shall include details of who will implement the schedule. The maintenance of the
landscaping, shall thereafter be carried out in accordance with the approved schedule, unless the
written consent of the Local Planning Authority is received for any variation.

Reason: To ensure the satisfactory layout of the site in the interests of safety, visual amenity and
biodiversity and to safeguard the character and appearance of the area in general (Policy Q9 of
the Lambeth Local Plan).

29. Drainage
No development approved by this permission shall be commenced until a detailed scheme for the
provision of surface water drainage has been submitted to and approved in writing by the Local
Planning Authority. The submitted details shall:

I. Provide confirmation that the post-development runoff rate will be as close to greenfield
runoff as feasible and that a 1 in 100 year event + 40% climate change event (based on
Environment Agency February 2016 guidance) can be safely accommodated in the site.
II. Provide an indication of the required plan area to accommodate the proposed Sustainable
Urban Drainage Systems (SuDS) features, demonstrating sufficient buffer distance between
the below ground SuDS and the basement / foundations;
III. Provide written confirmation from Thames Water that the site has an agreed point of
discharge and discharge rate; and,
IV. Provide a management and maintenance plan for the lifetime of the development.

Reason: To ensure that sufficient drainage capacity is made available to cope with the new
development; and in order to avoid adverse environmental impact upon the community. (Policies
EN4, EN5 and EN6 of the Lambeth Local Plan 2015).

30. Green roofs


Prior to the commencement of building works above ground full details of an extensive green roof
which shall be compliant with GRO Green Roof Code 2011 has been submitted to and approved in
writing by the Local Planning Authority prior to the implementation of the relevant part of the
development hereby approved.

The submission must provide/comprise the following information:


a) Details on materials used in the design, construction and installation of the green roof
based on the Green Roof Code and the use of biodiversity based extensive/semi-intensive soils;
b) Details on substrate and plants used in the green roof, based on a commercial brick-
based aggregate or equivalent with a varied substrate depth of 80 -150mm planted with 50%
locally native herbs/wildflowers in addition to a variety of sedum species;
c) Details on additional features to the proposed green roof, such as areas of bare shingle,
areas of sand for burrowing invertebrates and individual logs or log piles.
d) An ecological management and maintenance plan including landscape features and a
cross section of the green roof.

The development shall be carried out strictly in accordance with the green roof details approved,
shall be maintained as such thereafter and no alterations to the approved scheme shall be permitted
without the prior written consent of the Local Planning Authority.
Page 286

Prior to first occupation of the building(s) evidence that the green roof has been installed in
accordance with the approved details should be submitted to and approved by the Local Planning
Authority prior to first occupation.

Reason: To ensure that the development has an acceptable level of sustainability (Policy EN4 of
the Lambeth Local Plan 2015).

31. Water consumption


Within three months of work starting on site evidence (internal water calculations) must be
submitted to the Local Planning Authority and approved in writing that the internal water
consumption of the development will not exceed 105 L/person/day in line with The Water Efficiency
Calculator for new dwellings from the Department of Communities and Local Government.

Prior to first occupation of the building(s) evidence (schedule of fittings


and manufacturer's literature) should be submitted to the Local Planning Authority and approved in
writing to show that the development has been constructed in accordance with the approved
internal water use calculations.

Reason: To reduce the consumption of potable water in the home from all sources, including
borehole well water, through the use of water efficient fittings, appliances and water recycling
systems in accordance with London Plan Policy 5.15.

32. BREEAM
Within three months of work starting on site a BREEAM UK New Construction 2014 Fully Fitted or
Shell and Core (or such equivalent standard that replaces this) Design Stage certificate and
summary score sheet must be submitted to and approved in writing by the Local Planning Authority
to show that an ‘Excellent’ (minimum score 70) rating will be achieved.

Prior to first occupation of the building(s) a BREEAM UK New Construction 2014 Fully Fitted or
Shell and Core (or such equivalent standard that replaces this) Post Construction Review certificate
and summary score sheet must be submitted to and approved in writing by the Local Planning
Authority to show that an ‘Excellent’ (minimum score 70) rating has been achieved. All the measures
integrated shall be retained for as long as the development is in existence.

Where the BREEAM UK New Construction 2014 certification was Shell and Core, prior to
commencement of the fit-out of the building, unless otherwise agreed in writing, a BREEAM
Refurbishment and Fit-out (Parts 3 and 4) 2014 (or such equivalent standard that replaces this)
Design Stage Certificate, and summary score sheet must be submitted, by the fit-out contractor,
and approved in writing by the Local Planning Authority to show that a ‘Excellent’ (minimum score
70) rating will be achieved.

Where the BREEAM UK New Construction 2014 certification was Shell and Core, within 3 months
of first occupation a BREEAM Refurbishment and Fit-out (Parts 3 and 4) 2014 (or such equivalent
standard that replaces this) Post-Construction Review Certificate and summary score sheet must
be submitted, by the fit-out contractor, and approved in writing by the Local Planning Authority to
demonstrate that an Excellent (minimum score 70) rating has been achieved. All the measures
integrated shall be retained for as long as the development is in existence.

Reason: To ensure that the development has an acceptable level of sustainability (Policy EN4 of
the Lambeth Local Plan 2015).
Page 287

33. PV Panels
The development shall be implemented in accordance with the approved Energy Strategy and shall
not be occupied until details of the proposed solar PV array has been submitted to and approved
in writing by the Local Planning Authority. The PV panelling shall be installed in accordance with
the approved details and retained as such for the duration of the use.

Reason: To ensure that the development makes the fullest contribution to minimising carbon
dioxide emissions in accordance with London Plan 2016 Policy 5.2 and Lambeth Local Plan 2015
Policy EN3.

34. Energy
The development shall be implemented in accordance with the approved Energy Strategy and shall
not be occupied until full Design Stage calculations under the Standard Assessment Procedure/
National Calculation Method have been submitted to and approved in writing by the Local Planning
Authority to show that the development will be constructed in accordance with the approved Energy
Strategy and achieve a 35% reduction in carbon dioxide emissions.

Prior to first occupation of the building(s) evidence (e.g. photographs, installation contracts and as-
built certificates under the Standard Assessment Procedure/National Calculation Method) shall be
submitted to the Local Planning Authority and approved in writing to show that the development
has been constructed in accordance with approved Energy Strategy and achieved a 35% reduction
in carbon dioxide emissions.

Reason: To ensure that the development makes the fullest contribution to minimising carbon
dioxide emissions. (London Plan 2016 Policy 5.2 and Lambeth Local Plan 2015 Policy EN3).

Site Maintenance and Management

35. Delivery and Servicing


Prior to the use of the self-storage facility commencing, a Delivery and Servicing Management Plan
shall be submitted to and approved in writing by the Local Planning Authority. Thereafter all
deliveries and servicing to/from the relevant part of the development shall only occur in accordance
with the approved Delivery and Service Management Plan, unless the written consent of the Local
Planning Authority is received for any variation.

Reason: To minimise danger, obstruction, and inconvenience to users of the highway (Policies T6
and T8 of the Lambeth Local Plan 2015).

36. Crime Prevention


Prior to the commencement of building works above ground, a Crime Prevention Strategy including
a Security Management Plan shall be submitted to and approved in writing by the Local Planning
Authority. The submitted details need to include the following:

a) A summary of known crime risks in the area;


b) Details of how the development has mitigated known crime risks in the area; and
c) Detail of how the development seeks to achieve 'Secured by Design Standards', including details
of a CCTV scheme, external security, street lighting and landscaping.

The use shall thereafter be operated in accordance with the approved details, unless the written
consent of the Local Planning Authority is received for any variation.

Reason: To ensure that the development maintains and enhances community safety. (Policy Q3
of the Lambeth Local Plan 2015).
Page 288

37. Secure by Design


The development, including a CCTV scheme, external security, street lighting and landscaping,
shall be constructed and operated thereafter to ‘Secured by Design Standards’. A certificate of
accreditation to Secured by Design Standards shall be submitted to the Local Planning Authority
for approval in writing prior to the occupation of each building.

Reason: To ensure that satisfactory attention is given to security and community safety (Policy Q3
of the Lambeth Local Plan 2015).

Informatives

1) This decision letter does not convey an approval or consent which may be required under any
enactment, by-law, order or regulation, other than Section 57 of the Town and Country Planning
Act 1990.

2) Your attention is drawn to the provisions of the Building Regulations, and related legislation which
must be complied with to the satisfaction of the Council's Building Control Officer.

3) You are advised to consult the Council's Environmental Health Division concerning compliance
with any requirements under the Housing, Food, Safety and Public Health and Environmental
Protection Acts and any by-laws or regulations made there under.

4) Your attention is drawn to the provisions of The Party Wall Act 1996 in relation to the rights of
adjoining owners regarding party walls etc. These rights are a matter for civil enforcement and
you may wish to consult a surveyor or architect.

5) You are advised of the necessity to consult the Council's Streetcare team within the Public
Protection Division with regard to the provision of refuse storage and collection facilities.

6) You are advised of the necessity to consult the Council’s Highways team prior to the
commencement of construction on 020 7926 9000 in order to obtain necessary approvals and
licences prior to undertaking any works within the Public Highway including Scaffolding,
Temporary/Permanent Crossovers, Oversailing/Undersailing of the Highway, Drainage/Sewer
Connections, Hoarding, Excavations (including adjacent to the highway such as basements, etc),
Temporary Full/Part Road Closures, Craneage Licences etc.

7) You are advised that this permission does not authorise the display of illuminated advertisements
at the premises and separate consent may be required from the Local Planning Authority under
the Town and Country Planning (Control of Advertisements) Regulations 1992.

8) As soon as building work starts on the development, you must contact the Street Naming and
Numbering Officer if you need to do the following:

- name a new street


- name a new or existing building
- apply new street numbers to a new or existing building

This will ensure that any changes are agreed with Lambeth Council before use, in accordance
with the London Buildings Acts (Amendment) Act 1939 and the Local Government Act 1985.
Although it is not essential, we also advise you to contact the Street Naming and Numbering
Officer before applying new names or numbers to internal flats or units. Contact details are listed
below. Street Naming and Numbering Officer

e-mail: streetnn@lambeth.gov.uk
Page 289

tel: 020 7926 2283


fax: 020 7926 9104

9) For information on the NRMM Low Emission Zone requirements and to register
NRMM, please visit “http://nrmm.london/”.
Background documents – Case file (this can be accessed via the planning Advice Desk,
Telephone 020 7 926 1180).
For advice on how to make further written submissions or to register to speak on this item,
please contact Democratic Services, 020 796 2170 or email.
This page is intentionally left blank
Page 291 Agenda Item 8
Page 292

ADDRESS: Rising Sun House, 133 Vauxhall Street, London SE11 5LL

Application Number: 16/06169/FUL Case Officer: Sinead Winship

Ward: Princes Date Received: 28.10.2016

Proposal: Demolition of existing building and the erection of six storey (plus basement)
block providing a total of 15 Class C3 units; associated amenity space and associated
refuse storage and cycle parking.

Drawing numbers:
PL201; PL202; PL203; PL204; PL001; PL002; PL003; PL004; PL008; PL009; PL010;
PL011; 133VS; PL101 (rev J); 133VS PL102D-PROPOSED FIRST PLAN-FP MARK UP-
170719; 133VS PL103D-PROPOSED SECOND PLAN-FP MARK UP-170719; 133VS
PL104D-PROPOSED THIRD PLAN-FP MARK UP-170719; 133VS PL105D-PROPOSED
FOURTH PLAN-FP MARK UP-170719; 133VS PL106E-PROPOSED FIFTH PLAN-FP
MARK UP-170719; PL107 (rev C); 2016-007-01; 2016-007-02-P2; PL108 (rev F); PL111
(rev F); PL110 (rev G); PL109 (rev H); PL300; PL301; PL302; PL303; PL500; PL000;
162370-001

Documents:
Design & Access Statement dated October 2016 (ver. 2.1); Energy Statement dated
November 2016; Sustainability Statement dated November 2016; Landscape Design
Document dated 14/10/2016 (rev P1); Viability Assessment Report dated October 2016;
Letter regarding daylight & sunlight dated 20th June 2017 and prepared by BVP; Flood Risk
Assessment ref: 162370-01; Exception Test; Preliminary Construction Management Plan
dated May 2017; Schedule of Accommodation dated 19.06.17; Daylight & Sunlight Report
dated October 2016; Planning Statement dated October 2016 (rev AA)

RECOMMENDATION:

Resolve to grant conditional planning permission.

Agree to delegate authority to the Director of Planning and Development to:

1. Finalise the recommended conditions as set out in this report including such
refinements, amendments, additions and/or deletions as the Director of Planning and
Development considers reasonably necessary;

2. Negotiate, agree and finalise the planning obligations pursuant to section 106 of the
Town and Country Planning Act 1990, including refining, adding to, amending and/or
deleting the obligations detailed in the heads of terms as the Director of Planning and
Development considers reasonably necessary; and

3. Complete the planning obligations referred to above. In the event that the committee
resolves to refuse planning permission and there is a subsequent appeal, delegated
authority is given to officers, having regard to the heads of terms set out in the report,
to negotiate and complete a Section 106 agreement in order to meet the requirements
of the Planning Inspector.

Applicant: Agent:
Vauxhall Street Limited Peter Brett Associates LLP
16 Brewhouse Yard
London
EC1V 4LJ
Page 293

SITE DESIGNATIONS

Relevant site designations:


Flood Zone 3
Oval Gasholders Outer HSE consultation zone
Streets under conversion stress
Protected vistas – Primrose Hill Summit to the Palace of Westminster

LAND USE DETAILS

Site area 0.031ha

Use Use Description Number of Total Floorspace


Class units (Gross Internal
Area)
Existing C3 Residential (3 x 1 bedroom, 6 555sqm
2 x 2 bedroom and 1 x 3
bedroom flats)

Proposed C3 Residential (4 x 1 bedroom, 15 1,3470sqm


10 x 2 bedroom and 1 x
three bedroom flats)

PARKING DETAILS

Car Parking Car Parking Bicycle Motorbike Spaces


Spaces Spaces Spaces
(general) (Disabled)
Existing 4 0 0 0
Proposed 0 0 26 0

EXECUTIVE SUMMARY

The application proposes the demolition of the existing two storey plus basement building and
the erection of a 15 dwelling building. Vauxhall Street is defined by purpose built apartment
buildings and the proposal is therefore able to deliver additional housing in a manner that is
consistent with the character of the area. The scheme offers a range of dwelling sizes,
including a family sized unit, providing an appropriate dwelling mix. The submission has been
accompanied by a viability report and it is considered that a sound financial justification has
been provided in response to the failure of the scheme to provide the requisite percentage of
affordable housing on site.

The bulk, scale and massing of the proposed development is considered congruent with the
neighbouring buildings and it would not exceed the height of the adjacent Dolland House.
Appropriate materials have been proposed that would ensure the building would complement
the surrounding architecture. Through the use of set-backs, recessed balconies and glazing,
the building has successfully been designed so as to not appear overly dominant when
observed from public viewpoints.

It is considered that the scheme would not materially prejudice the amenity of neighbouring
occupiers in terms of existing levels of privacy, outlook and natural light they currently enjoy.
Lastly it would not harm conditions of on-street parking or prejudice conditions for the free flow
of traffic and highway safety.
Page 294

The development would provide a high quality residential environment for all future occupiers
and contribute to the Borough’s housing targets. All of the dwellings have been designed to
meet relevant standards in terms of size, layout and aspect. They would also achieve
appropriate levels of outlook and daylight and sunlight and have sufficient private amenity
space. Future occupiers would also have access to an appropriately sized communal amenity
space which would incorporate an area for children’s play.

Officers consider that the development would be in compliance with the development plan for
the Borough. Officers are therefore recommending approval of the scheme, subject to
conditions and a s106 agreement, in accordance with the presumption in favour of sustainable
development conferred upon Local Planning Authorities by the National Planning Policy
Framework (NPPF).

PLANNING OFFICER’S REPORT

Reason for referral to PAC: The application is reported to the Planning Applications
Committee in accordance with Section (ii) (1) of the Committee’s terms of reference; as
it relates to the provision of a building or buildings where the number of dwellings
exceeds 10 in number.

SITE AND SURROUNDINGS

1.1 The application site comprises a 3-storey (plus basement) detached property situated
on a corner plot; to the east side of Vauxhall Street and the north side of Dolland Street.
Formerly a public house the property is currently in use as 6 flats, having been converted
in the late 1990s. The site currently has an area of approximately 63m2 to the front
which provides off-street parking for 4 vehicles and an area of approximately 90m2
which provides a private rear amenity space.

1.2 To the north of the site is Dolland House a 5-storey block of 80 apartments that is
bounded by Vauxhall Street, Newburn Street and Loughborough Street. To the east of
the site is car parking and a play area ancillary to Dolland House. To the south of the
site is a 3-storey terrace of residential properties that front Vauxhall Street and 2-storey
commercial/industrial buildings that front Dolland Street.

1.3 The application site is not located within a conservation area and the buildings on the
site or adjoining it are not listed buildings. The site is within Flood Risk Zones (FRZ) 2
and 3 and the Oval Gasholders Outer HSE zone. The site is also within the Kennington
‘K’ Controlled Parking Zone (CPZ). The site has a Public Transport Access Level (PTAL)
rating of 6b, which is considered to be ‘excellent’.
Page 295

Figure 1: Aerial photo of the site (edged in red) facing east

Figure 2: View of the existing building from Vauxhall St.

PROPOSAL

2.1 The application proposes the demolition of the existing building and the erection of a six
storey plus basement building. The proposed development would comprise of 15 self-
contained residential units (use class C3), associated amenity space, refuse storage
and cycle parking. The unit mix would comprise of 4 x one bedroom, 10 x two bedroom
and 1 x 3 bedroom flats.
Page 296

2.2 The development would be finished in yellow multi-stock brickwork with the exception of
the fifth floor which would feature aluminium cladding. The front elevation would feature
recessed balconies with steel balustrades accessed via fully glazed double doors. The
south elevation would again feature recessed balconies in addition to feature glazed
curtain walling to the communal staircase. Feature brick detailing is proposed to the rear
and north elevations. Casement windows are proposed to all elevations. All fenestration
would be aluminium framed and coloured mid-grey.

2.3 The boundary treatment fronting Vauxhall Street would be a brick dwarf wall with steel
railings above and ‘instant hedging’ behind. Access to all units would be via a single
entrance on Vauxhall Street and the development would be served by one core. Refuse
and recycling storage would be provided at ground floor level and accessed via Dolland
Street.

2.4 It is proposed to remove the existing off street parking provision and provide parking for
26 bicycles at basement level. Additional storage for residents would also be provided
within the basement as would the utility meters and lift plant.

2.5 All flats proposed would have access to both private and communal amenity space.
75sqm of communal amenity space would be provided at roof level comprising of
planting, decking and outdoor furniture enclosed by steel railings. Units to the fourth floor
and below would have 9sqm of private amenity space. The unit to the fifth floor of the
development would benefit from 30sqm of private amenity space.

2.6 Amendments were sought by officers in the consideration of this application. In


response to officer’s initial concerns, the applicant introduced a number of minor
elevational changes including the removal of a large louvered screen to the stairwell
and the introduction of brick detailing to the rear. Additional windows were introduced
to the northern elevation and others were increased in size to allow the proposed units
to achieve better levels of daylight. Following receipt of these changes, consultation
letters were sent to neighbouring occupiers and a site notice was posted.

2.7 Provided below in Figures 3 - 7 are plans and images of the proposals.

Figure 3: Proposed Vauxhall Street (front) elevation


Page 297

Figure 4: Proposed access Figure 5: Proposed Dolland St


road (north) elevation (south) elevation

Figure 6: Proposed rear elevation


Page 298

Figure 7: Proposed ground floor plan in context

PLANNING HISTORY

3.1 Provided below is a summary of the relevant planning history for the site:

3.2 96/01579/PLANAP: Change of use from Public House to five self-contained flats,
together with external alterations and the provision of off street parking spaces. Granted
22.07.1997

3.3 02/00875/FUL: Construction of first and second floor rear corner extension. Granted
12.08.2002

3.4 11/00760/LDCE: Application for a Certificate of Lawful Development (Existing) with


respect to the use of basement level as a studio flat (Use Class C3). Granted
08.06.2011.

CONSULTATIONS

Statutory and Internal/External Consultees

4.1 LBL Urban Design: Support has been expressed for the scheme and the comments
have been incorporated in the ‘Urban Design’ section below.

4.2 LBL Transport: No objection to the loss of car parking subject to a s106 car free
agreement and financial contribution for an on street disabled parking bay as required.
Concerns raised regarding the use of a cycle ramp. This is discussed in the ‘Transport’
section below.

4.3 LBL Flooding and Surface Water: No objection

4.4 LBL Planning Policy: No in principle objection

4.5 LBL Arboriculture: No objection subject to additional information secured by way of


condition
Page 299

4.6 LBL Highways: No objection to the draft construction management plan

4.7 LBL Sustainability Consultant: No objection subject to additional information secured by


way of condition

4.8 Waste Management (Veolia): No objection, subject to the installation of a dropped


kerb near to the bin store entrance.

4.9 Environment Agency: No objection subject to conditions

4.10 Health and Safety Executive: Do not advise against, on safety grounds, granting
planning permission.

4.11 Metropolitan Police - Design Out Crime: No objection subject to conditions

4.12 Thames Water: No objection raised subject to conditions and informatives

4.13 The Council’s Housing team were also consulted but did not respond.

Local Amenity Groups

4.14 The following amenity groups were consulted but no comments were forthcoming: South
Bank and Waterloo Neighbours, Association of Waterloo Groups, Waterloo Community
Development Group, Kennington Association Planning Forum, Kennington Oval &
Vauxhall Forum, 9 Albert Embankment Residents’ Association, We Are Waterloo,
Friends of Vauxhall Spring Gardens.

Adjoining owners/occupiers

4.15 A total of 125 consultation letters were sent to occupiers of neighbouring properties on
17.07.2017. A press notice was published in the Lambeth Weekender on 16.11.2016
and a site notice was posted on 17.07.2017. In response to consultation, two letters of
objection were received. A summary of the concerns raised is set out below:

Summary of objections Officer’s Response


The proposed flats would have poor Officer’s did share this concern and asked
access to natural light the applicant to produce an additional
daylight/sunlight report to asses this aspect
of the proposal. In response to officer
concerns, the applicant introduced
additional windows to the north elevation
and increased the size of other windows
within the development. The requested
report demonstrated that all but one
habitable rooms within the development
would achieve BRE daylighting criteria. A
full assessment of the standard of
accommodation is provided in section 8 of
this report.
No. 135 Vauxhall St will be directly A full assessment of the impacts upon this
overlooked by the proposed property is provided in section 10 of this
development and will suffer a loss of report. However, it is noted that the
outlook, daylight and increased sense of property is currently overlooked by the
enclosure. existing building.
The height and style of the building is The maximum height of the building will not
inappropriate for the surroundings. exceed that of the adjacent block, Dolland
Page 300

House. A full design assessment is


provided in section 9 of this report.
The proposed glazed stairwell will result The glazing to the stairwell will be
in light pollution to neighbouring obscured which officers consider adequate
properties to mitigate any light pollution. It should
further be noted that the stairwell lighting
will be controlled by motion sensor and will
therefore only be illuminated for very
limited periods of time.
Lack of affordable housing The applicant has provided a viability
assessment that has been fully scrutinised
by the Council’s independent consultant.
Officers have also reviewed both the
applicant’s viability assessment and that
produced by the Council’s consultant. Both
assessments have concluded that it would
not be viable for the development to
provide an affordable housing contribution.
In accordance with the NPPF, Councils
cannot seek affordable housing
contributions where it has been
demonstrated that they would render a
development unviable. A full assessment
of viability and affordable housing matters
is provided in section 7.4 of this report.
POLICIES

5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning
decisions to be made in accordance with the development plan unless material
considerations indicate otherwise.

5.2 The National Planning Policy Framework (NPPF) was published in 2012. This document
sets out the Government’s planning policies for England including the presumption in
favour of sustainable development and is a material consideration in the determination
of all applications. The National Planning Policy Guidance (NPPG) is also a material
consideration.

5.3 The development plan in Lambeth is the London Plan (2015) (as amended by the Minor
Alterations to the London Plan 2016), and the Lambeth Local Plan (2015).

5.4 The current planning application has been considered against all relevant national,
regional and local planning policies as well as any relevant guidance. Set out below are
those policies most relevant to the application, however, consideration is made against
the development plan as a whole.

5.5 The London Plan (2015) (as amended by the Minor Alterations to the London Plan,
2016):

Policy 3.1: Ensuring Equal Life Chances for All


Policy 3.3: Increasing Housing Supply
Policy 3.4: Optimising Housing Potential
Policy 3.5: Quality and Design of Housing Developments
Policy 3.6: Children’s and Young People’s Play and Informal Recreation Facilities
Policy 3.8: Housing Choice
Policy 3.9: Mixed and Balanced Communities
Policy 3.11: Affordable Housing Targets
Page 301

Policy 3.12: Negotiating Affordable Housing on Individual Private Residential and


Mixed Use Schemes
Policy 3.14: Existing Housing
Policy 5.1: Climate Change Mitigation
Policy 5.2: Minimising Carbon Dioxide Emission
Policy 5.3: Sustainable Design and Construction
Policy 5.7: Renewable Energy
Policy 5.9: Overheating and Cooling
Policy 5.10: Urban Greening
Policy 5.12: Flood Risk Management
Policy 5.13: Sustainable Drainage
Policy 5.14: Water Quality and Wastewater Infrastructure
Policy 5.15: Water Use and Supplies
Policy 5.17: Waste Capacity
Policy 5.18: Construction, Excavation and Demolition Waste
Policy 6.1: Strategic Approach
Policy 6.3: Assessing Effects of Development on Transport Capacity
Policy 6.9: Cycling
Policy 6.10: Walking
Policy 6.13: Parking
Policy 7.1: Lifetime Neighbourhoods
Policy 7.2: An Inclusive Environment
Policy 7.3: Designing Out Crime
Policy 7.4: Local Character
Policy 7.5: Public Realm
Policy 7.6: Architecture
Policy 7.12: Implementing the London View Management Framework
Policy 7.13: Safety, Security and Resilience to Emergency
Policy 7.14: Improving Air Quality
Policy 7.15: Reducing and Managing Noise, Improving and Enhancing & Promoting
Appropriate Soundscapes

5.6 Lambeth Local Plan 2015 (LLP):


Policy D1: Delivery and monitoring
Policy D2: Presumption in favour of sustainable development
Policy D3: Infrastructure
Policy D4: Planning obligations
Policy ED14: Employment and training
Policy H1: Maximising housing growth
Policy H2: Affordable Housing
Policy H3: Safeguarding existing housing
Policy H4: Housing mix in new developments
Policy H5: Housing Standards
Policy T1: Sustainable Travel
Policy T2: Walking
Policy T3: Cycling
Policy T4: Public transport infrastructure
Policy T6: Assessing Impacts of Development on Transport Capacity
Policy T7: Parking
Policy T8: Servicing
Policy EN1: Open space and biodiversity
Policy EN3: Decentralised energy
Policy EN4: Sustainable design and construction
Policy EN5: Flood risk
Policy EN6: Sustainable drainage systems and water management
Policy EN7: Sustainable waste management
Policy Q1: Inclusive environments
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Policy Q2: Amenity


Policy Q3: Community safety
Policy Q5: Local distinctiveness
Policy Q6: Urban design: public realm
Policy Q7: Urban design: new development
Policy Q8: Design quality: construction detailing
Policy Q9: Landscaping
Policy Q10: Trees
Policy Q12: Refuse/recycling storage
Policy Q13: Cycle storage
Policy Q15: Boundary treatments
Policy Q22: Views
Policy PN8: Kennington/Oval

5.7 Regional Guidance

5.7.1 Relevant publications from the GLA:


- Housing (2016)
- Accessible London: Achieving and Inclusive Environment SPG (2014)
- The Control of Dust & Emissions During Construction & Demolition SPG (2014)
- Character and Context SPG (2014)
- Sustainable Design and Construction SPG (2014)
- Planning for Equality and Diversity in London SPG (2007)
- Crossrail Funding (2016)
- Play and Information Recreation (2016)
- London View Management Framework (2012)
- Planning Practice Guidance - Hazardous Substances

5.8 Local Guidance / Supplementary Planning Documents (SPDs):

5.8.1 Relevant local guidance and SPDs for Lambeth:


- Refuse & Recycling Storage Design Guide
- Waste & Recycling Storage and Collection Requirements
- Air Quality Planning Guidance Note
- Draft Viability SPD

ASSESSMENT

6.1 Summary of Main Issues

 Land use:
o Principle of housing
o Density
o Dwelling mix
o Affordable housing

 Standard of accommodation for future occupiers:


o National floorspace standards
o Dual aspect orientation
o Daylight, sunlight and overshadowing
o Outlook and privacy
o Quantum and quality of private and communal amenity space
o Children’s play space
o Accessible, adaptable and wheelchair housing provision

 Urban Design:
o Principle of demolition
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o Bulk, scale, massing and footprint


o Detailed design

 Amenity:
o Privacy
o Outlook and increased sense of enclosure
o Daylight/sunlight and overshadowing

 Transport
o Accessibility
o Car parking
o Cycle parking
o Method of construction and demolition
o Refuse and recycling

 Other
o Landscaping
o Sustainable design and construction
o Health and Safety
o Flood risk
o Basement construction
o Sustainable urban drainage systems
o Community safety
o Planning obligations and CIL

Land Use

7.1 Principle of housing

7.1.1 The National Planning Policy Framework (NPPF) promotes the effective use of land
by anticipating the re-use of land that has been previously developed, provided that it
is not of high environmental value. The application site is considered to be previously
developed land in the form of housing, given it comprises an existing flatted
development block.

7.1.2 The application site is located within a primarily residential area on previously
developed land. Policy H1 – Maximising housing growth seeks to maximise the supply
of additional homes in the borough to meet and exceed the annual housing target for
Lambeth as set out in the London Plan for the period 2015 to 2030. Policy H3 seeks
to resist the net loss of existing housing. Therefore in principle the provision of fifteen
residential units, of which nine would be a net gain, is supported subject to meeting
other development plan policy requirements.

7.2 Density

7.2.1 Part (iii) of Policy H1 seeks levels of residential density consistent with London Plan
guidelines, having regard to the provision of other uses on the site, availability of local
services, access to and capacity of public transport, urban design context, quality of
design and impact on existing and future residents and the local environment.
Additionally, Policy D1 (a) seeks to maximise the use of previously developed land.

7.2.2 The site has a PTAL of 6b (highly accessible). For the purposes of considered density
pursuant to the London Plan density matrix, the scheme falls within the ‘urban’ area
with a guideline density range of 200-700 habitable rooms per hectare (hr/ha) or 70-
260 units per hectare (u/ha).
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7.2.3 Based on a site area of 0.031ha and 42 habitable rooms, the scheme has a density of
1,320hr/ha or 483u/ha which exceeds the London Plan guideline. Whilst this is above
the nominated density range, this is a guide which is not to be applied mechanistically.
Instead, the policy emphasis is on optimal site use and consideration of any
overdevelopment symptoms and their appropriate mitigation as discussed in the
remained of this report. Furthermore, it should be noted that the site is within an area
of high density residential development, with a number of early 20th century purpose
built blocks of flats in the immediate vicinity. Future residents would also benefit from
access to three underground stations, a large supermarket and a number of smaller
local amenities within walking distance of the development.

7.3 Dwelling Mix

7.3.1 Policy H4 (a) of the Local Plan requires the provision of a mix of housing sizes, types
and tenures in new residential schemes to meet the needs of different sections of the
community. This policy provision does not prescribe a mix of units for market housing
but instead recommends “a balanced mix of unit sizes including family-sized
accommodation”. In all cases, proposals are expected to demonstrate that the
provision of family-sized units has been maximised. However, the policy recognises
that the dwelling type and mix proposed might depend on the particular location and
nature of the individual development site, viability considerations and need to achieve
mixed and balanced communities.

7.3.2 In this case, the proposed dwelling mix would comprise of 4 x 1 bedroom units, 10 x 2
bedroom units and 1 x three bedroom units. Whilst this mix would be weighted towards
smaller sized units, a three bedroom unit has been provided with 30sqm of private
amenity space thus providing an acceptable family-sized unit. The scheme would re-
provide a greater number of housing units on this site with a wider mix of unit sizes.
Therefore, the mix is considered policy compliant having regard to the overarching
objective of the Council’s policy to encourage sustainable communities with a choice
of family sized housing.

7.4 Affordable Housing

7.4.1 London Plan Policies 3.8 to 3.13 assert the need for mixed and balanced communities
and in this context seek to maximise affordable housing provision.

7.4.2 Local Plan Policy H2 states the Council will seek the maximum reasonable amount of
affordable housing when negotiating on individual private residential and mixed use
schemes. On sites of at least 0.1ha or capable of accommodating 10 or more homes,
at least 40% of units (where public subsidy is not available) should be affordable.

7.4.3 Part (c) of Policy H2 states that in considering the nature of the affordable housing
sought, the Council will take into account:

(i) The specific circumstances of individual sites, including development viability;


(ii) The characteristics of the area, the site and type of development proposed, and
the size and type of affordable housing needed; and
(iii) The impact on mixed and balanced communities within a local neighbourhood

The policy further stipulates that a financial appraisal will be required if the affordable
housing provision is less than the specified policy requirements or where the
proportions of social/affordable rented and/or intermediate hosing are not in
accordance with policy.

7.4.4 The application has been supported by a financial viability assessment report prepared
by Savills. The viability appraisal was undertaken using the “Argus Developer” model.
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The use of this model is accepted given it is industry known and previously used by
the LPA as well as the Planning Inspectorate.

7.4.5 The applicant’s viability assessment concludes that the scheme will generate a deficit
and therefore no affordable housing contribution can be made. The assessment
considers the residual land value generated by both a policy compliant scheme
providing 40% affordable units on site and a wholly private scheme. Both scenarios
are said to generate a deficit against the benchmark land value. A policy compliant
scheme is stated within the assessment to generate a significantly higher deficit than
a fully private development. Nonetheless, the viability assessment advises that the
applicant expects market performance to increase thereby enabling their required level
of return to be achieved.

7.4.6 In light of the proposed lack of affordable housing, the applicant’s viability assessment
report has been referred to BNP Paribas (BNPP) for independent verification and
scrutiny. Following verification and further discussion, it has been concluded to the
satisfaction of officers and BNPP that the development would not generate a surplus
and therefore an affordable housing contribution cannot be secured.

7.4.7 BNPP’s viability assessment estimated that the benchmark land value, construction
costs and contingency and professional fees would be lower than stated within the
applicant’s report. The Council subsequently commissioned a cost review of the
development which concluded that costs would be £92,000 lower than stated within
the applicant’s assessment. BNPP requested additional evidence from the applicant’s
viability consultant regarding projected sales values and the values of the existing flats.
A lower professional fees and contingency costs percentage was also agreed upon.
Nonetheless, BNPP’s viability assessment reaffirmed that the development would
generate a deficit. Their assessment did, however, identify that a sales growth of 4%
would generate a surplus over the benchmark land value. It is therefore recommended
that review mechanism clauses are included in the s106 agreement. This would allow
the Council to capture any potential surplus generated as an affordable housing
contribution.

7.4.8 Given the above, it is considered that sound financial justification has been provided
in response to the failure of the scheme to provide any affordable housing or off site
contribution. Subject to the imposition of review mechanisms within the s106
agreement, the scheme would comply with Policy H2 of the Local Plan. In accordance
with Lambeth’s Draft Viability SPD, the review mechanisms recommended are as
follows:

 Early review – triggered in the event construction does not commence


within two years of the grant of planning permission
 Near end of development review – triggered by 75% of sales of units

Standard of Residential Accommodation

8.1 A high quality built environment, including high quality housing in support of the needs
of occupiers and the community is part of the ‘sustainable development’ imperative of
the NPPF. It is also implicit in London Plan Ch1 ‘Context and Strategy’, Ch2 ‘London’s
Places’, Ch3 ‘London’s People’, and Ch7 ‘London’s Living Places and Spaces’, and is
explicit in policies 2.6, 3.5, 7.1, and 7.2. London Plan Policy 3.5 states that development
should be of the highest quality internally, externally and in relation to the wider
environment, taking into account of strategic policy to protect and enhance London’s
residential environment. This reflects the strategic priority for inner London in Policy 2.9
which seeks to realise the potential of inner London to improve its environment,
supporting and sustaining existing and new communities, and improving quality of life.
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8.2 National Floorspace Standards

8.2.1 Policy H5 of the Local Plan sets out the standards of housing expected in new-build
dwellings including the need to provide adequate internal space for the intended
number of occupiers. London Plan Policy 3.5 and associated Table 3.3 set out the
minimum unit sizes for residential units in London. The London Plan requirements have
been assessed against the maximum number of bedspaces/occupiers an apartment
could accommodate. The below table sets out the unit’s compliance with the minimum
floor areas.

Unit Gross internal LP minimum


area (sqm) requirement
(sqm)
1 – 2b3p 77 61
2 – 2b4p 77 70
3 – 2b4p 70 70
4 – 1b2p 50 50
5 – 2b3p 63 61
6 – 2b4p 70 70
7 – 1b2p 50 50
8 – 2b3p 63 61
9 – 2b4p 70 70
10 – 1b2p 50 50
11 – 2b3p 63 61
12 – 2b4p 70 70
13 – 1b2p 50 50
14 – 2b3p 63 61
15 – 3b5p 86 86

Table 1: Unit sizes (all unit sizes measured in sqm)

8.2.2 The submitted drawings demonstrate that the overall unit sizes for each flat when
assessed against London Plan standards would meet or exceed the minimum GIA
requirement.

8.2.3 In addition London Plan policy 3.5, Local Plan policy H5 and relevant guidance also
requires account to be taken of the size of habitable rooms and the internal layout of
the units. In regard to these space standards, the units within the scheme would be
compliant. Ceiling heights of 2.5m are proposed throughout the development which
would again comply with London Plan requirements.

8.3 Dual Aspect Orientation

8.3.1 Local Plan policy H5 part (a), (i) requires that proposals for new residential
development accord with the principles of good design and will be expected to provide
dual-aspect accommodation unless exceptional circumstances are demonstrated. All
units proposed would accord with this requirement and are therefore considered
acceptable in this regard.

8.4 Daylight, sunlight and overshadowing


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8.4.1 Policy Q2 relates to the standards of privacy, levels of outlook and overlooking, impacts
on levels of daylight and sunlight within new dwellings and on neighbouring buildings
as well as noise considerations having regard to internal layouts/orientation and
distance between units. Impacts upon neighbouring buildings will be addressed later
in this report.

8.4.2 This application is supported by a daylight and sunlight report, the addendum of which
assesses the levels of natural light afforded to the proposed units. Considering
daylighting provision to the units, Appendix C of the Building Research Establishment
publication ‘Site Layout Planning for Daylight and Sunlight – a Guide to Good Practice’
addresses the assessment for future occupiers of a proposed development. The
Average Daylight Factor (ADF) Test has been used which prescribes target values for
daylight provision to specific rooms in accordance with their use, as follows: Bedrooms
– 1% ADF; Living Rooms – 1.5% ADF; and Kitchens – 2% ADF.

8.4.3 The BRE guidance recommends that where rooms of multiple use are concerned, the
highest target value for any of the affiliated uses within the room should be adopted as
a benchmark – i.e. for combined living/kitchen and dining areas (LKDs) this would be
the highest value 2% for kitchens where intricate food preparation and cooking is
undertaken. However, the guidelines also acknowledge that this benchmark for
kitchens is not always practical as in modern urban accommodation it is common for
gallery-style kitchens to be located at the rear of deep single aspect rooms and have
little expectation of natural light. The BRE guidelines state ‘if the layout means that a
small internal galley type kitchen is inevitable, it should be directly linked to a well day
lit living room’.

8.4.4 All proposed units would have living/kitchen and dining areas (LKDs) with open plan
kitchens. Where the kitchen is directly served by a window, the LKD has been
assessed within the applicant’s report as aiming for an ADF value of 2%. Where the
kitchen would not be served by a local window, the applicant’s report sub-divides the
LKD to assess the daylighting of the living and dining area only. Where the living and
dining area can achieve an ADF value of 1.5%, it can be considered to be a well day
lit room. Officers agree with the approach of the applicant’s analysis and consider it to
adhere to BRE guidelines.

8.4.5 The submitted report has analysed the habitable rooms located on the ground and first
floors only as these are the lowest two floors in the scheme. They would therefore have
the most constrained daylight potential. The floor plan is repeated between the first
and fourth floors. The fifth floor has not been assessed but given its height and triple-
aspect glazing it would far exceed BRE criteria. Officers consider that this is a
reasonable approach for the worst case scenario.

8.4.6 All nine of the bedrooms assessed would record in excess of 1% ADF therefore
meeting the BRE guidelines and achieving acceptable levels of natural daylight. All
bedrooms meet or exceed the requisite minimum space standard and would benefit
from ceiling heights of 2.5%. A good standard of accommodation would therefore be
provided in this regard.

8.4.7 All living/dining areas would achieve in excess of 1.5% ADF. This demonstrates in itself
that the kitchen areas in these combined rooms would be served and linked by suitably
day lit living rooms. As explained above this analysis is considered acceptable given
the nature of these rooms with gallery style kitchen areas and the BRE guidelines.

8.4.8 Of the LKD areas assessed, two would feature kitchens served by local windows - flats
2 and 5. BRE guidance advises that such rooms should aim to achieve 2% ADF. Flat
5 would achieve an ADF of 1.99% and would therefore be considered to be suitably
day lit given the extremely minor shortfall of 0.01%. The LKD area of Flat 2 would
achieve an ADF of 1.51% therefore failing to meet BRE guidelines. Whilst it is
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regrettable that this LKD would not achieve a 2% ADF, it would still be considered to
provide an acceptable standard of accommodation. The LKD is particularly large,
measuring 31sqm, and is dual aspect with access onto a private south facing terrace.

8.4.9 It is also pertinent to establish that the BRE criterion is intended to guide the planner
and is not adopted planning policy. The BRE guide outlines that: “the advice given here
is not mandatory and this document should not be seen as an instrument of planning
policy. It aims to help, rather than constrain, the designer. Although it gives numerical
guidelines, these should be interpreted flexibly because natural lighting is only one of
many factors in site layout design.” In this regard Officers are satisfied that the
development would provide a suitable level of accommodation for future occupiers.

8.4.10 The proposed development would provide all living/dining areas with at least one main
window facing within 90 degrees of due south. The units proposed would therefore
benefit from good access to sunlight in accordance with BRE guidelines.

8.5 Outlook and Privacy

8.5.1 All habitable rooms proposed would be at ground floor level or above and would benefit
from unobscured outlook from at least one window. At ground floor level, all glazing
would be set behind a low brick wall with railings above and planting. This would allow
for defensible space to be created whilst maintaining a good standard of outlook. To
the north elevation, windows would be set back a minimum of 5.75m from the nearest
facing building, Dolland House. To the south elevation, windows would be set back 8m
from the flank elevation of no. 135 Vauxhall Street. This would allow for a good outlook
to be achieved from all windows within the development and officers are satisfied with
this arrangement. The proposed development has been laid out so as to prevent unit
to unit overlooking. Future occupiers would therefore benefit from an acceptable level
of privacy.

8.6 Quantum and quality of private and communal open space

8.6.1 The requirements for amenity space provision as part of new residential developments
are detailed in Policy H5 (b) of the Local Plan. For new flatted developments, shared
amenity space of at least 50sqm is required plus a further 10sqm per flat provided as
a balcony, terrace or private garden. Where 10sqm of private amenity space cannot
be provided, the shortfall may be consolidated within the communal amenity space.

8.6.2 On this basis policy requires that the overall minimum outdoor amenity space for the
development would be at least 50sqm of communal amenity space plus 150sqm (15
flats x 10sqm) either as a balcony/terrace/private garden or consolidated with the
communal amenity space. Therefore the total requirement would be 200sqm for this
scheme.

8.6.3 In total the scheme would provide 226sqm of amenity space, exceeding the policy
requirement by 26sqm. The proposal would include 70sqm of communal amenity
space in the form of a roof terrace. Units 1 and 2 to the ground floor of the development
would be served by private terraces measuring 9sqm and screened by planting. Units
3 – 14 to the first, second, third and fourth floors would be served by balconies, again
measuring 9sqm. It is noted that there is a 1sqm shortfall in private amenity space to
each of these units. However, the under provision would be consolidated within the
communal amenity space and is therefore acceptable. Unit 15, the scheme’s only three
bedroom dwelling, would benefit from a 30sqm roof terrace which far exceeds the
10sqm minimum required.
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8.6.4 Given the development’s urban location, the need to provide high quality amenity
space is recognised. The applicant has provided indicative images of roof terraces in
similarly urban locations in addition to a proposed landscape plan. The plan indicates
that built in furniture would be provided in addition to planters and an area of decking.
This would likely deliver a good standard of amenity space that would be utilised by
future occupiers. To ensure that high quality landscaping is provided, it is
recommended that a full schedule of planting is secured by way of condition.

8.7 Children’s play space

8.7.1 London Plan Policy 3.6: ‘Children and young people’s play and informal recreation
facilities’, anticipates that development which includes housing shall make provision
for play and informal recreation based on the expected child yield it would generate.
Accompanying guidance: ‘Shaping Neighbourhoods - Play and Informal Recreation
SPG September 2012’ details how the policy shall be implemented in practice. A
minimum 10sqm per child, regardless of age, is recommended as a basis for assessing
future requirements arising from an increase in the child yield of an area.

8.7.2 Policy H5 Housing standards of the Lambeth Local Plan 2015 states that provision for
play space should be to at least the requirements set out within the London Plan
guidance. Based on the child yield of the development, and using the Mayor of London
Housing SPG play space requirement calculator, a total provision of 14sqm play space
would be required. According to the GLA’s child yield calculator only one child is likely
to arise from the scheme.

8.7.3 As stated above, the communal amenity space would be some 70sqm in size. The
scheme proposes an informal playable space within the communal roof terrace
measuring 14sqm thereby achieving the GLA’s requirement. Full details of the play
area are recommended to be secured by way of a pre-commencement condition on
any planning permission.

8.8 Accessible, Adaptable and Wheelchair Housing Provision

8.8.1 Development should, amongst other things, enable people to live healthy active lives
per London Plan Policy 7.1, and be inclusive including addressing the specific needs
of older and disabled people as per Policy 7.2. Under the new National Technical
Standards, London Plan Policy 3.8 (Housing Choice) is to be interpreted so that the
current standards relating to ‘lifetime homes’ and ‘wheelchair accessible or easily
adaptable dwellings’ are removed, and instead:

 90% of new dwellings will need to be ‘accessible and adaptable’ (this is


defined by building regulations – Part M4 (2)); and

 10% of new dwellings will need to be ‘wheelchair user dwellings’ (this is


defined by building regulations – Part M4 (3))

8.8.2 The development provides two units at ground floor level that could be easily
adapted to meet the specific needs of disabled or older users. This is recommended
to be secured by way of condition.

Urban Design

9.1 Principle of demolition


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9.1.1 The existing building comprises of a detached former public house constructed circa
1940. The building is not listed nor is it within a conservation area and therefore the
principle of its demolition is supported. This is subject to a replacement building of an
acceptable bulk, scale and massing being proposed.

9.2 Replacement building

Bulk, scale, massing and footprint

9.2.1 Local Plan Policy Q5 - Local Distinctiveness stipulates that the local distinctiveness of
Lambeth should be sustained and reinforced through new development, and proposals
will be supported where it is shown that design of development is a response to positive
aspects of the local context and historic character in terms of: i) urban block and grain,
patterns of space and relationship, townscape/landscape character; ii) built form (bulk,
scale, height and massing) including roofscapes; iii) siting, orientation and layout and
relationship with other buildings and spaces; iv) materials; v) quality and architectural
detailing (including fenestration and articulation).

9.2.2 Policy Q7 - Urban Design: new development states that new development will be
supported if it is of quality; has a bulk and scale/mass, siting, building line and
orientation, which preserves or enhances the prevailing local character.

9.2.3 The proposed development would comprise of six storeys where the sixth floor is set
back and basement level. The proposed building would not exceed the ridge height of
the adjacent Dolland House and the eaves of the two buildings would roughly align.
Facing the development is a purpose built block of flats which are also of a comparable
height to that proposed. The height of the proposed development would be notably
larger than the existing building but when considered in the wider context of Vauxhall
Street it would not appear excessive. The terrace row to the immediate south of the
proposed development comprises of three storey dwellings which are of a smaller
scale. However, the development would clearly read as an apartment block and would
be expected to relate to the larger developments to the north and west of the site rather
than the terrace row. Officers therefore consider the height proposed to be acceptable.

9.2.4 The proposed building line would be forward of the existing structure to align with the
terrace row to the immediate south. This would successfully create a transition from
the smaller bulk of the existing terrace row, to the much larger bulk of Dolland House
to the immediate north. The footprint of the proposed building would again be greater
than existing. However, the existing building does not relate to any established pattern
of development in the vicinity of the site, with a large concrete hardstanding to the front
of the property. The increased footprint of the building would not be considered
unacceptable, again noting that development in the vicinity of the site largely comprises
of sizable purpose built apartment blocks. As such, the building line and footprint would
not be considered to result in harm to the streetscene.

9.2.5 The proposed building utilises recessed balconies and setbacks to reduce the visual
bulk of the development. The fifth floor would be greatly set back from both the front
and rear elevations allowing for the development to be visually read as a five storey
building when approaching the site from the north or south. Soft landscaping would
create a buffer between the building and the pavement, reducing its visual dominance
when viewed at ground floor level. The bulk, scale and massing of the development
would not be dissimilar to the existing blocks adjacent to the application site and
continuing further down Vauxhall Street. The proposed building would therefore be
considered to be in keeping with the characteristic five storey blocks that define the
surrounding area and would not appear overly dominant.
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Detailed design

9.2.6 The building would be of a contemporary design, utilising brick, extensive glazing and
PPC metal for the fifth floor roof element. The brick detailing adjacent to the window
openings would successfully complement the elevational treatment of the building. The
proposed materials are considered appropriate in principle, however, a condition
requiring they be viewed on site prior to commencement of the development is
recommended.

9.2.7 In response to a request by officers, glazing to the rear elevation of the development
was removed and brick detailing introduced. Whilst this does result in a somewhat
sparsely articulated façade, the inclusion of glazing would prejudice any future
development to the rear. To the east (Dolland St) elevation, a simple glazed treatment
is proposed to the stairwell, enhancing the contemporary character of the
development.

9.2.8 Policy Q15 seeks to ensure that new boundary treatments are in keeping with those
found in the immediate locality. The proposed boundary treatment would comprise of
a brick dwarf wall with metal railings above, similar to that enclosing Dolland House.
Timber board fencing has been unsympathetically erected behind the traditional
boundary treatment to Dolland House which officers would not seek to encourage a
new development to incorporate. The boundary treatment proposed is therefore
considered acceptable.

9.2.9 A condition requiring the submission of full details relating to matters such as window
openings, copings, brickwork construction detailing, rain water goods and soffits is
recommended to ensure that the final finish of the proposed development is of a high
design quality.

9.2.10 The application site falls within the Primrose Hill Summit to the Palace of Westminster
protected vista. The development would not constitute a tall building nor would it
exceed the height of the adjacent building, Dolland House. It is therefore not
considered that the proposal would have any impact upon the protected vista.

Amenity

10.1 Local Plan Policy Q2 of the local plan states that development will be supported if:

(i) visual amenity from adjoining sites and from the public realm is not unacceptably
compromised;

(ii) acceptable standards of privacy are provided without a diminution of the design
quality;

(iii) adequate outlooks are provided avoiding wherever possible any undue sense of
enclosure or unacceptable levels of overlooking (or perceived overlooking); (iv)
it would not have an unacceptable impact on levels of daylight and sunlight on
the host building and adjoining property;

10.2 As discussed, the application site is located in an established residential area and
relates to a plot of land between a purpose built block of flats and a terrace of
dwellinghouses. To the rear of the site is a car park that serves the aforementioned block
of flats, Dolland House. Facing the application site – across Vauxhall Street – is another
five storey block of flats known as Grover House. No. 135 Vauxhall Street, the end of
terrace property adjacent to the application site, has been subdivided into two units.
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10.3 Presently, the application site comprises of a two storey building with a sizeable hipped
roof featuring dormer windows to each slope. The existing building extends to the
northern and southern boundary of the site. To the front, the building is set back approx.
8.85m from the kerb of Vauxhall Street and to the rear the building is set back a minimum
of 5.35m from the site boundary. The proposed building would also extend to the
northern and southern site boundaries in addition to the rear boundary. To the front
elevation, the building line would be brought forward to match that of the terrace row
thereby reducing the set back from the kerb to approx. 6m.

10.4 Privacy

10.4.1 The existing building features glazing to front, rear and northern flank elevations at
ground, first and roof level. The existing glazing to the Dolland Street elevation affords
views of the fenestration to the flank elevation of no. 135 Vauxhall Street. No. 135 has
been subdivided into two units, with one flat comprising the ground floor of the building
and the second set across the two upper floors. The fenestration to the flank elevation
serves a kitchen at first floor level and a bedroom to the second floor. Both rooms
benefit from a further window to the rear elevation.

Figure 8: Existing flank elevation, viewed from Dolland Street


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Figure 9: Flank elevation of no. 135 Vauxhall St

10.4.2 As stated above, the existing windows do facilitate views towards the fenestration
serving the upper flat of no. 135, specifically a bedroom and the kitchen. These views
are, however, relatively limited owing to the separation distance of approx. 8m between
the properties. Furthermore, the windows within the existing building and no.135 are
not aligned meaning that only oblique views can be achieved. To its Dolland Street
elevation, the proposed development would feature a window serving
living/kitchen/dining areas to the first – fourth floors. Each of these windows would be
set back approx. 7m from the western site boundary, which is equivalent to the siting
of the existing windows. The existing separation distance between the two properties
would also be maintained. It is therefore not considered that these windows would
allow for any additional harmful views to be achieved. With regard to the remaining
windows to the Dolland Street elevation, these would face towards the rear elevation
of an industrial unit to the opposite side of the road. They would again only be able to
achieve oblique views towards no. 135 Vauxhall Street and would therefore not allow
for a material loss of privacy to arise. A condition is recommended to ensure that the
glazed stairwell feature is obscured to prevent unacceptable overlooking and light
pollution.

10.4.3 In addition to the aforementioned fenestration, the Dolland Street elevation of the
proposed development would also feature recessed balconies to the ground – fourth
floors. The rear-most balconies would be set opposite the industrial units along Dolland
Street and oblique views would be limited by way of the balcony’s recess. As such,
they would not afford any unacceptable views toward any fenestration serving an
existing dwelling. The front-most balconies to the Dolland Street elevation would
achieve views both toward the flank elevation of no. 135 Vauxhall Street and Grover
House. They would not, however, align with any fenestration to the flank elevation of
no. 135. The views toward the existing fenestration that could be achieved would again
be limited owing to the recess of the balcony. With regard to the private and communal
roof terraces, planting is proposed which would effectively screen views towards no.
135. Nonetheless, it is accepted that occupiers of no. 135 would likely experience an
increase in perceived overlooking. Given that the application site is within an area
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characterised by dense residential development, the degree of perceived overlooking


would not be considered harmful enough to prejudice the granting of planning
permission.

10.4.4 Turning to Grover House, two sets of balconies to each floor and a private roof terrace
are proposed to face this building. The separation distance between the front elevation
of the proposed development and the nearest habitable window of Grover House is
approx. 25m. Therefore, it is not considered that any additional or unacceptable views
could be achieved as a result of the proposed development.

10.4.5 Dolland House does not feature any glazing to its flank elevation abutting the access
road. Therefore the proposed balconies would not allow for any unacceptable views to
be achieved. The glazing to the north elevation would be set approx. 11m from the
nearest habitable window within Dolland House. However, owing to the siting of the
fenestration to both the proposed development and Dolland House, no unacceptable
views could feasibly be achieved.

10.5 Outlook and increased sense of enclosure

10.5.1 The proposed development would have a maximum height of 17.6m which represents
an increase of 7m beyond the ridge of the existing building. The resulting building
would be very similar in height to the neighbouring Dolland House.

10.5.2 The additional bulk of the proposed development would be noticeable only from very
limited viewpoints within Dolland House owing to the angle and siting of the
fenestration. The closest facing windows within Dolland House would be approximately
16.5m from the north elevation of the proposed development. At this distance, it is not
considered that the development would result in an unacceptable loss of outlook nor
would it allow for an increased sense of enclosure to arise.

10.5.3 Similarly, at a separation distance of 25m, it is not considered that the development
would result in a loss of outlook or increased sense of enclosure to occupiers of Grover
House.

10.5.4 The development would, however, result in a loss of outlook from the north facing
windows serving no. 135 Vauxhall Street. As set out in para. 10.3.2 of this report, these
windows serve a kitchen at first floor level and a bedroom at second floor level. Views
from these north facing windows are partially obstructed by the existing building but
would be significantly reduced by the proposed development. Both rooms are also
served by an east facing window to which the view is unobstructed and would not be
impacted upon in this regard by the proposed development. Given this, it is considered
that on balance, the loss of outlook from the north facing windows would not be unduly
harmful to the residential amenity of the occupiers.
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Figure 8: View from north facing Figure 9: View from east facing
window serving second floor window serving second floor
bedroom within no. 135 bedroom within no. 135
Vauxhall Street Vauxhall Street

10.6 Daylight / Sunlight and Overshadowing

10.6.1 The applicant has submitted a daylight/sunlight report, which has been undertaken in
accordance with BRE guidelines. The report has assessed the impact of the proposed
development upon Dolland House, Glover House and no. 135 Vauxhall Street. An
addendum to the daylight/sunlight report was submitted at the request of officers. The
addendum considered the internal layouts of the units within Dolland House and
performed an additional test.

10.6.2 Daylight impacts have been measured by the Vertical Sky Component (VSC) test. VSC
is calculated from the centre of a window on the outward face and measures the
amount of light available on a vertical wall or window following the introduction of visible
barriers, such as buildings. The maximum VSC value is almost 40% for a completely
unobstructed vertical wall or window. The BRE guidance suggests that if the VSC is
greater than 27%, enough skylight should still be reaching the window of the existing
building. Any reduction below this level should be kept to a minimum.

10.6.3 Should the VSC with development be both less than 27% and less than 0.8 times its
former value, occupants of the existing building shall notice a reduction in the amount
of skylight they receive. The guide says: “the area lit by the window is likely to appear
gloomier, and electric lighting will be needed more of the time”.

10.6.4 Sunlight is measured using Annual Probable Sunlight Hours (APSH). Sunlight is
measured using a sun indicator which contains 100 spots, each representing 1% of
APSH. Where no obstruction exists, the total APSH would amount to 1486 hours and
therefore each spot equates to 14.86 hours (for London) of the total annual sunlight
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hours. The number of spots is calculated for the Baseline and Proposed Development
scenarios during the whole year and also during the winter period and a comparison
made between the two. This provides a percentage of APSH for each of the time
periods for each window assessed.

10.6.5 The 2011 BRE guidelines note that:

“In housing, the main requirement for sunlight is in living rooms, where it is valued at
any time of day, but especially in the afternoon…It is viewed as less important in
bedrooms and in kitchens, where people prefer it in the morning rather than the
afternoon”

“all main living rooms of dwellings…should be checked if they have a window facing
within 90° of due south. Kitchens and bedrooms are less important, although care
should be taken not to block too much sun”; and

“Balconies and overhangs above an existing window tend to block sunlight, especially
in summer. Even a modest obstruction opposite may result in a large relative impact
on the sunlight received”.

Daylighting Results

10.6.6 Dolland House – the assessment provided demonstrates that the development would
adhere to BRE guide target criteria with regard to daylight within Dolland House. The
initial VSC test did indicate that some windows to the rear elevation of Dolland House
would suffer from an unacceptable loss of daylight. However, those windows are sited
beneath projecting deck access walkways which create an overhang thereby
restricting skylight. The BRE guidance recognises such aspects and allows for isolated
review of the proposed massing without the balconies present. The guidance explains
as an example that if the proposed VSC with the balcony present results in at least a
20% loss compared to the existing value with the balcony, but if the same analysis was
undertaken without the balconies present and the proposed VSC without the balcony
present results in under a 20% loss compared to the existing value without the balcony,
this would show that the presence of the balcony, rather than the size of the new
obstruction, was the main factor in the relative loss of light.

10.6.7 A second VSC test was undertaken where the inherent obstruction of the deck access
was removed. This demonstrate that no windows would suffer a reduction of daylight
in excess of 20%. BRE guidance advises that such a reduction should not result in a
noticeable loss of skylight to occupiers and would not result in an additional reliance
on artificial lighting.

10.6.8 Additionally, the daylight distribution test was undertaken. The test measures the
extent daylight penetrates a room at a reference plane of 0.85m above floor level.
This test demonstrated that there would be no noticeable loss of daylight distribution
to the units within Dolland House.

10.6.9 Grover House – similarly to Dolland House, Grover House features deck access
walkways with windows serving habitable rooms below. Where the VSC test was
undertaken with this obstruction removed all windows far exceeded BRE requirements.

10.6.10 135 Vauxhall Street – two windows to the ground floor of no. 135 would fail to
meet BRE daylighting targets as a result of the proposed development. Daylight and
outlook to these windows is currently heavily restricted by the external staircase
leading to the upstairs unit. During an officer’s site visit, it was noted that these
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windows are obscure glazed and appear to serve non-habitable rooms. In accordance
with BRE guidance, a reduction in skylight to a non-habitable room is not considered
unacceptable and would not be unduly detrimental to living standards of occupiers.

10.6.11 The first and second floor flank windows serving the upper flat within no. 135
would receive 43% less daylight as a result on the proposed development. These
windows serve a bedroom and a kitchen which are considered habitable rooms for the
purposes of daylight/sunlight assessments. However, these rooms are each served by
an additional rear facing window which would not be unacceptably impacted upon by
the proposed development. Officers have undertaken a site visit to the property and
noted that the rooms were relatively small and not overly deep which would allow them
to be adequately served by the rear facing fenestration. Therefore, whilst there would
be a noticeable reduction in daylighting within these rooms, the rooms themselves
would remain adequately lit.

Sunlight Results

10.6.12 In accordance with BRE guidelines, all windows that do not face within 90
degrees of south are classified as north facing and therefore do not have a sunlight
criterion to meet. All relevant windows to Grover House and no. 135 Vauxhall Street
are classified as north facing and have therefore not been tested.

10.6.13 The Annual Probable Sunlight Hours (APSH) test has been undertaken on
windows serving Dolland House with and without the deck access. The report
demonstrates that the APSH would be within 25% of the existing value in accordance
with BRE guidelines. Furthermore, it is noted that the assessed windows within Dolland
House serve kitchens, bedrooms and bathrooms for which BRE guidelines advise
sunlight is less important.

10.6.14 Officers therefore considered that the proposed development would not have
an unduly harmful impact upon the living standards of neighbouring occupiers.

Transport

11.1 The NPPF seeks to promote sustainable transport and in doing so it seeks to ensure
that new development which generates significant movements are located where the
need to travel would be minimized and the use of sustainable modes can be maximized.
This is echoed by policies 6.1 and 6.3 of the London Plan which also seeks to ensure
that the impacts of development in transport capacity and the transport network are fully
assessed.

11.2 Policies T3, T6, T7 and T8 of the Local Plan seek to ensure that proposals for
development have a limited impact on the performance and safety of the highway
network and that sufficient and appropriate car parking and cycle storage is provided
whilst meeting objectives to encourage sustainable transport and to reduce dependence
on the private car. If development would have an unacceptable transport impact, it
should be refused in the absence of mitigation measures to make the development
acceptable.

11.3 Accessibility

11.3.1 The site is in an accessible location and has a PTAL rating of 6b which equates to
‘excellent’ levels of public transport accessibility. Therefore the principle of
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intensification of residential use is accepted subject to compliance with all other


relevant policies.

11.4 Car Parking

11.4.1 The existing building benefits from a forecourt which provides off-street parking for
occupiers. It is not proposed to retain any off-street parking provision.

11.4.2 In order to ensure that the proposal does not generate an unacceptable demand for
on-street car parking, the Council’s transport officer has recommended that the
scheme be secured as permit-free so that future residents would not be eligible to
apply for parking permits within the surrounding Controlled Parking Zone (CPZ). This
requirement would meet the objectives of Policy T7 (ii) and would be secured by way
of a S106 legal agreement in accordance with Policy D4 (viii) of the Local Plan.

11.4.3 If a resident with disabilities requires a car they would be able to park within the existing
CPZ bays in the area. The applicant has accepted a planning obligation of £10,000 to
fund one disabled parking space on street in future in lieu of the shortfall of on-site
provision. Again this would be secured by way of a S106 legal agreement in
accordance with Policy D4 (viii) of the Local Plan.

11.4.4 The Council’s transport officer recommended that officers secure a contribution
towards car club membership for future occupiers. However, given the sites highly
accessible location and access to nearby amenities including a large supermarket, it
is not considered that such a contribution could reasonably be considered necessary
to make the proposal acceptable.

11.5 Cycle Parking

11.5.1 In order to comply with the London Plan cycle parking standards, a minimum of the
following is required:-

 Residential: 1 space for each 1 bed, 2 spaces for all other units.

11.5.2 In accordance with the above requirement, the proposed development would provide
26 cycle parking spaces. The provision would be at basement level within the building
envelope and would therefore be both secured and covered. A cycle wheel ramp would
be provided to assist residents. The transport officer has raised concerns regarding
this arrangement and the applicant was subsequently requested to explore other
options. However, owing to site constraints, the lift shaft could not be increased in size
to allow for residents to avoid transporting bicycles via stairs. The applicant amended
the plans to allow for the stairs between basement and ground floor level to have a
more shallow pitch. In this instance, this is considered acceptable.

11.6 Method of Construction and Demolition

11.6.1 Policy T8 (d) of the Local Plan requires planning applications to be accompanied by a
construction and logistic plan, demonstrating arrangements for construction traffic and
how environmental, traffic and amenity impacts would be minimised.
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11.6.2 A preliminary construction management plan (CMP) has been submitted which
outlines measures to minimise disturbance to neighbouring properties and the local
highway network. These measures include arranging site deliveries outside of peak
times, the use of a delivery booking system and developing an appropriate routing of
vehicles. The preliminary CMP has been reviewed by the Council’s Highways team
who are satisfied with the measures outlined. However, officers recommend that a full
CMP be secured by way of condition to ensure that construction is effectively
managed.

11.6.3 It is further recommended that a method of demolition statement be secured by way of


condition. This, again, is to ensure that measures to minimise disturbance to
neighbouring occupiers are implemented.

11.7 Refuse and Recycling

11.7.1 Lambeth Local Plan Policy Q12 relates to refuse and recycling storage and requires
arrangements for waste storage to be integrated into the design of a development from
the outset to ensure that it is attractively designed and conveniently located for users
and collection. Refuse and recycling storage would be provided within the building
envelope and accessed via Dolland Street. The Council’s Waste and Recycling
Storage and Collection Requirements Guidance Document (October 2013) requires
provision of the following:

Refuse/Recycling Requirement Provision


Communal Waste 1,620L (60L x 27 beds) 1,940L
(1 x 1,280L and 1 x 660L
Eurobins)
Dry Recyclables 900L (60L x 15 units) 1 x 1,100L Eurobin

Table 3: Waste requirements and provision

11.7.2 The Council’s waste contractor, Veolia, has been consulted on the proposals and has
advised that they are acceptable subject to the installation of a dropped kerb to
facilitate collection. Officers therefore recommend that the installation of a dropped
kerb is secured by way of a s106 agreement.

Landscaping

12.1 The ‘sustainable development’ imperative of NPPF 2012 includes enhancing the natural
environment and improving biodiversity (para 7). London Plan 2015 policy 7.19 states
that development proposals, where possible, should make a positive contribution to the
protection, enhancement, creation and management of biodiversity.

12.2 Lambeth Local Plan 2015 Policy Q9 states that development will be supported where
provision is made for landscaping for future growth and aftercare, existing features are
retained and enhanced, including any habitat as well as creating new ones, maximises
greening opportunity, uses local characteristic species, takes account of existing and
potential routes, provides strong boundary treatments, avoids leftover spaces, are
attractive and provides sustainable drainage and minimises runoff.

12.3 The application proposes landscaping to the site boundary at ground floor comprising
of instant hedging and shade tolerant groundcover planting. Further landscaping is
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proposed to the communal amenity space at roof level. Indicative landscaping plans
have been provided and it is therefore recommended that further plans including a full
planting schedule are secured by way of condition.

Sustainable Design and Construction

13.1.1 The NPPF seeks that development promotes the use of renewable energy where
technology is viable, Economic and where the social impacts can be addressed
satisfactorily. From 1 October this year, London Plan policy 5.2 will require major
residential developments to achieve zero carbon status through a combination of on-
site measures (35%) and cash-in-lieu contributions to a ring-fenced carbon off-set fund
(65%). In this instance, the calculated contribution amounts to £20,162.

13.1.2 Policy 5.3 of the London Plan states that development proposals should demonstrate
that sustainable design standards are integral to the proposal and should meet the
minimum standards set out in the Mayor’s ‘Sustainable Design and Construction’ SPG
(2006). It is also recognised that Policy 5.2 of the London Plan states that development
proposals make the fullest contribution to Minimising carbon dioxide emissions in
accordance with the Mayors energy hierarchy, namely; using less energy, supplying
energy efficiently and using renewable Energy. The London Plan requires that all major
developments meet specific targets for carbon dioxide emissions reduction in
buildings. These targets are expressed as minimum improvements over the Target
Emission Rate (TER) as set within Part L of the Building Regulations (2013).

13.1.3 Policy EN4 (Sustainable design and construction) of the Local Plan requires all
development to meet high standards of sustainable design and construction feasible,
having regard to the scale, nature and form of the development proposal. Proposals
should demonstrate in a supporting statement that these standards are integral to the
design, construction and operation of the development.

13.1.4 In response to achieving compliance with Policy EN4 the scheme has incorporated the
energy hierarchy into the design of the site in order and seeks to reduce carbon dioxide
emissions by 35% against a Part L (2013) baseline, thereby meeting the minimum
benchmark. This has been achieved through a number of design measures to reduce
energy demand in addition to the installation of solar PV panels.

13.1.5 It is recommended that an air quality assessment be secured by way of condition to


manage the impacts of construction on the area and London as a whole. Additionally,
a condition ensuring that machinery on site is compliant with the NRMM Low
Emission Zone is recommended.

Health and Safety


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14.1 Paragraph 108 of the NPPF states that the planning system should contribute to and
enhance the natural and local environment by preventing both new and existing
development from contributing to or being put at unacceptable risk from, or being
adversely affected by unacceptable levels of soil, air, water or noise pollution or land
instability. Policy 5.22 of the Local Plan states that when assessing developments near
hazardous installations a site specific circumstances and proposed mitigation
measures should be taken into account when applying the Health and Safety
Executive's Planning Advice Developments near Hazardous Installations (PADHI)1
methodology and the risks should be balanced with the benefits of development and
should take account of existing patterns of development. Policy PN8 of the Local Plan
requires that development in the vicinity of the Oval Gasometers should seek and give
due weight to advice from the Health and Safety Executive (HSE) and mitigation
measures should be included as necessary.

14.2 The HSE uses a tool known as PADHI+ to give Local Planning Authorities advice on
proposed developments near hazardous installations. HSE advises the LPA on the
nature and severity of the risks presented by the installation to people in the
surrounding area so that those risks are given due weight by the LPA when making it
decision. Taking account of the risks, HSE will advise against the proposed or simply
note that it does not advise against.

14.3 The HSE was consulted directly on the proposals and stated that they do not advise
against the granting of planning permission for this development. It is therefore not
considered that the development would be at any level of unacceptable risk.

Flood Risk

15.1 The application site is within Flood Zone 3 which is defined as having a ‘high probability’
of river and sea flooding within the ‘flood risk and coastal change’ section of the national
PPG. The River Thames defences protect the site up to the 1 in 1000 year standard,
and therefore the development would not be at risk of flooding from tidal and fluvial
sources, assuming normal operation of the flood defences. However, should there be a
breach in, or overtopping of, the flood defences at given locations then the site would
be at risk of residual flooding. The proposed development would include a basement but
would only contain accommodation associated with the residential use such as storage.
Sleeping accommodation would be provided at ground floor level which is considered a
‘more vulnerable’ use.

15.2 A flood risk assessment (FRA) has been submitted and subsequently reviewed by the
Environment Agency. The Environment Agency have stated that they are satisfied with
the principle of development subject to the implementation of the measures outlined in
the FRA. These measures include a high finished floor level that would be no lower than
the tidal breach water level and the installation of non-return anti-flood valves to sewer
connections. There would be a free and open escape from the basement to a higher
floor in the event of a flood and all residents would have roof level access. The FRA
includes a Flood Response Plan which identifies the actions that would be undertaken
and provides recommendations to occupants and users of the site. Officers have
reviewed the Flood Response Plan and considered it to be acceptable.

15.3 The application site is above a secondary aquifer and therefore a number of conditions
are recommended to ensure that there are no contamination risks. Subject to adherence
with the recommended conditions, officers consider the proposed development
acceptable in this regard.
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Basement Construction

16.1 The existing building benefits from a basement and the proposed development does not
seek to increase the excavated area. Policy EN5 of the Lambeth Local Plan 2015
provides guidance on basements and states that basement proposals shall incorporate
appropriate mitigation measures to ensure the development is safe from all forms of
flooding and does not increase flood risk elsewhere. It also states that applications will
be required to demonstrate that the proposal would not cause harm to the built and
natural environment and local amenity and would not result in flooding or ground
instability. Whilst the submission is accompanied with an FRA discussing the proposed
basement it is not accompanied by a specific Basement Impact Assessment (BIA).
Officers note that the adopted Local Validation Requirements document states that a
BIA is required for all applications “which provide extra floorspace below ground”.
Therefore it is not considered pertinent to require the submission of a Basement Impact
Assessment in this instance.

Sustainable Urban Drainage Systems

17.1 Policy EN6 relates to sustainable drainage systems and water management and states
that development should seek to ensure that the layout and design of development does
not have a detrimental impact on floodwater flow across the site. It advises that in order
to ensure a net decrease in both volume and rate of run-off leaving the site, development
should incorporate sustainable drainage systems (SuDS) consistent with the London
Plan drainage hierarchy and National SuDS Standards.

17.2 The proposals demonstrate that there would be a net decrease in the post-development
run-off rate compared with the pre-development run-off rate. This would be achieved
through on-site measures including the installation of geo-cellular attenuation tanks and
the provision of an additional surface water sewer. Officers are satisfied that the
proposed measures comply with Policy EN6.

Community Safety/Designing out Crime

18.1 London Plan 2015 Policy 7.3 states that development should amongst other things,
reduce opportunities for crime and contribute to a sense of security in particular, well
maintained routes, clear indication of spaces being private, semi-private or public and
natural surveillance, encourage activity appropriate to the location, promote a sense of
ownership of spaces, places and buildings, integrate security features into the design.
Policy Q3 (Community safety) requires developments to be designed in a manner that
does not engender opportunities for crime or anti-social behaviour or create a hostile
environment that would produce fear of crime.

18.2 The application was referred to the Metropolitan Police Design out Crime advisor who
raised no concerns regarding the proposed development. This is subject to a
recommended condition requiring the development to adhere to the principles of
secured by design. The Metropolitan Police have stated that they are satisfied that the
development as proposed could achieve he security requirements of the scheme.

Planning Obligations and CIL


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19.1 The Local Plan (Policy D4 and Annex 10) sets out the Council’s policy in relation to
seeking planning obligations and the charging approaches for various types of
obligation. For contributions that are not covered by Annex 10, the Council’s approach
to calculating contributions is guided by its July 2013 revised draft S106 Planning
Obligations Supplementary Planning Document (SPD) produced for consultation.

19.2 The following planning obligations are considered necessary to make the development
acceptable in planning terms, are directly related to the development and are fairly and
reasonably related in kind and in scale to the development. They are therefore compliant
with the requirements of regulation 122 of the Community Infrastructure Levy
Regulations 2010.

Affordable Housing

- Two stage review mechanism as follows:


o Early review if construction has not commenced within two years
o Late stage review when 75% of units have been sold

Transport and Highways

- No residential parking permits within the CPZ


- Financial contribution to secure the provision of 1 x disabled parking bay as
required (£10,000)
- Section 278 agreement to secure installation of a new dropped kerb

Employment and Training


- Local Labour in Construction (construction training) financial contribution of
£8,395.35.

Sustainability

- Zero carbon offsetting contribution of £20,162

Other

- Monitoring cost capped at 5% of the total value of the above financial obligations

19.3 If the application is approved and the development is implemented, a liability to pay the
Lambeth Community Infrastructure Levy (CIL) will arise.

19.4 The Lambeth CIL contribution is £50 per sqm and £35 sqm by the GLA in relation to the
uplift in floorspace. Expenditure of the majority of a future CIL receipt would be applied
towards Borough infrastructure needs as contained in the published CIL Regulation 123
List, which defines what CIL may be spent on. Local neighbourhood funding from CIL
may be applied to infrastructure needs in line with the CIL Regulation 123 List, or to
anything else that is concerned with addressing the demands that the development
places on an area. Allocation of CIL monies to particular infrastructure projects is not a
matter for consideration in the determination of planning applications. Separate
governance arrangements are being put in place for Borough Infrastructure needs, and
locally through the Cooperative Local Investment Plan initiative.

19.5 The London Mayoral CIL would also be applicable to this scheme if approved and
implemented. Total estimated CIL is £146,520, comprising £27,720 mayoral CIL and
£118,800 Lambeth CIL. These figures are a guide and subject to indexation and
calculation at the time the CIL becomes liable which is upon commencement.
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Conclusion

20.1 Having regard to the above assessment it is considered that subject to the conditions
and S106 clauses set out below the proposed development would comply with the
relevant policies of the development plan, accordingly the application is considered
appropriate and acceptable for the reasons in this report and therefore is recommended
for approval.

Equality Duty and Human Rights

21.1 In line with the Public Sector Equality Duty the council must have due regard to the need
to eliminate discrimination and advance equality of opportunity, as set out in section 149
of the Equality Act 2010. In making this recommendation, regard has been given to the
Public Sector Equality Duty and the relevant protected characteristics (age, disability,
gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual
orientation).

21.2 In line with the Human Rights Act 1998, it is unlawful for a public authority to act in a
way which is incompatible with a Convention right, as per the European Convention on
Human Rights. The human rights impact have been considered, with particular
reference to Article 1 of the First Protocol (Protection of property), Article 8 (Right to
respect for private and family life) and Article 14 (Prohibition of discrimination) of the
Convention.

21.3 The Human Rights Act 1998 does not impair the right of the state to make decisions and
enforce laws as deemed necessary in the public interest. The recommendation is
considered appropriate in upholding the council's adopted and emerging policies and is
not outweighed by any engaged rights.

Recommendation

22.1 Grant Conditional Planning Permission.

Conditions and Reasons

1 Time period (standard three years)


The development to which this permission relates must be begun not later than the
expiration of three years beginning from the date of this decision notice.

Reason: To comply with the provisions of Section 91 of the Town and Country
Planning Act 1990.

2 In accordance with approved plans


The development hereby permitted shall be carried out in complete accordance with
the approved plans and drawings listed in this decision notice, other than where
those details are altered pursuant to the conditions of this planning permission.

Reason: For the avoidance of doubt and in the interests of proper planning.
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3 Secured by Design
The development hereby permitted shall be constructed to include the design
principles and provision of physical protection measures to meet Secured by Design
/ New Homes 2014/16 (to include external security lighting).

Reason: To ensure the safety and security of future occupiers and adjoining
properties and prevent crime and disorder occurring within and in the immediate
vicinity of the site, in the interest of public safety. (Policy Q3 of the London Borough
of Lambeth Local Plan (2015))

4 Materials
Prior to the relevant part of the works commencing, a schedule of all materials to
be used in the external elevations, including samples and the invitation to view a
brick sample panel with pointing on site, shall be submitted and approved in writing
by the local planning authority. The development shall not be carried out other than
in accordance with the approved materials unless otherwise agreed in writing by
the local planning authority.

Reason: To ensure that the external appearance of the building is satisfactory


(Policies Q2, Q7 and Q8 of the London Borough of Lambeth Local Plan 2015).

5 Detailed Drawings
Prior to the commencement of above ground works and notwithstanding the details
shown on the drawings hereby approved, detailed construction drawings of all
external elevations (at scale 1:10) including the following items shall be submitted
to and approved in writing by the local planning authority. The development shall
not be carried out other than in accordance with the approved unless otherwise
agreed in writing by the local planning authority.

a) Detailed elevations showing brick detailing at scale 1:10


b) Details of windows (including technical details, elevations, reveal depths,
plans and cross sections)
c) Details of terraces and balconies (including soffits), balustrades and privacy
screens
d) Details of entrances and doors (including technical details, elevations,
surrounds, reveal depths, plans and sections)
e) Details of roof treatments, cills and parapets
f) Details of rainwater goods (including locations and fixings)
g) Details of boundary treatments including external walls, railings and gates
h) Details of external furniture on the roof terrace
i) Vents, extracts, flues and ducts
j) Section of glazed stairwell
k) Details of mail lockers
l) Details of hard landscaping

Reason: To ensure that the external appearance of the building is satisfactory


(Policies Q2, Q7 and Q8 of the London Borough of Lambeth Local Plan 2015).

6 Obscure Glazing
Prior to the first occupation of the development hereby permitted, the windows
serving the stairwell to the south elevation and privacy screens to relevant balconies
shall be fitted with obscure glass or obscure glazing film over the entirety of the
glass, to a minimum level of obscurity equivalent to Pilkington Texture Glass Level
3, and shall be retained as such for the duration of the development.
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Reason: To protect the amenities of neighbouring occupiers (policy Q2 of the


London Borough of Lambeth Local Plan (2015)).

7 Landscaping
Prior to the commencement of above ground level works a soft landscaping
scheme shall be submitted to and approved in writing by the local planning
authority. The development hereby permitted shall be thereafter carried out in
accordance with the approved details within 6 months of the date of occupation.
All tree, shrub and hedge planting included within the above specification shall
accord with BS3936:1992, BS4043:1989 and BS4428:1989 (or subsequent
superseding equivalent) and current Arboricultural best practice. The submitted
details are expected to demonstrate the following:

a) The quantity, size, species, position and the proposed time of planting of all
trees and shrubs to be planted.
b) An indication of how they integrate with the proposal in the long term with
regard to their mature size and anticipated routine maintenance and
protection.
c) Specification of which shrubs and hedges to be planted that are intended to
achieve a significant size and presence in the landscape.

Reason: In order to ensure high quality soft landscaping in and around the site in
the interests of the ecological value of the site and in the interests of visual amenity
(policy Q2, Q9 and Q10 of the London Borough of Lambeth Local Plan (2015)).

8 Children’s play space


Notwithstanding any details shown on the approved plans, no residential unit shall
be occupied until full details of the children’s play space provision has been
submitted to and approved in writing by the Local Planning Authority and the
development has been implemented in accordance with the approved details.

Reason: To ensure appropriate provision of children’s play on site (policy 3.6 of the
London Plan (2015) and Policy H5 of the Lambeth Local Plan (2015)).

9 Replacement of dead/damaged planting


Any trees, shrubs or hedges included in the landscaping scheme for the
development hereby permitted that die, are removed, become seriously damaged
or diseased, within five years of planting, shall be replaced within six months of
death, removal, damage or disease.

Reason: In order to ensure long term retention of the landscaping in and around
the site in the interests of the ecological value of the site and in the interests of
visual amenity (policies Q6, Q9 and Q10 of the London Borough of Lambeth Local
Plan (2015)).

10 Carbon dioxide emissions reduction – design stage


The development shall be implemented in accordance with the approved Energy
Statement (dated November 2016) and above ground works shall not commence
until full Design Stage calculations under the Standard Assessment Procedure
have been submitted to and approved in writing by the Local planning Authority to
show that the development will be constructed in accordance with the approved
Energy Strategy and achieved a 35% reduction in carbon dioxide emissions.

Reason: To ensure that the development makes the fullest contribution to


minimising carbon dioxide emissions in accordance with London Plan Policy 5.2
and Policy EN5 of the London Borough of Lambeth Local Plan (2015).
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11 Carbon dioxide emissions reduction – final


Prior to first occupation of the building(s) evidence (e.g. photographs, installation
contracts and as-built certificates under the Standard Assessment Procedure,
schedule of fittings and manufacturer’s literature) should be submitted to the Local
Planning Authority and approved in writing to show that the development has been
constructed in accordance with approved Energy Strategy and achieved a 35%
reduction in carbon dioxide emissions and the approved internal water use
calculations.

Reason: To ensure that the development makes the fullest contribution to


minimising carbon dioxide emissions in accordance with London Plan Policy 5.2
and Policy EN5 of the London Borough of Lambeth Local Plan (2015).

12 Sustainable Urban Drainage Systems


No unit hereby permitted shall be occupied until the sustainable drainage scheme
for the site has been completed in accordance with the submitted details. The
sustainable drainage scheme shall be managed and maintained thereafter in
accordance with the agreed management and maintenance plan.

Reason: To manage the water environment of the development and mitigate the
impact on flood risk, water quality, habitat and amenity value (policies EN5 and EN6
of the London Borough of Lambeth Local Plan (2015)).

13 Flood Risk
The development shall be carried out in accordance with the approved Flood Risk
Assessment (dated October 2016).

Reason: To avoid hazard in relation to land stability and increased flood risk
caused by the development (Paragraph 121 of the National Planning Policy
Framework 2012 and Policy EN5 of the London Borough of Lambeth Local Plan
(2015).

14 Adaptable and wheelchair accessible housing


At least ten per cent of the residential units hereby permitted shall be constructed
to comply with Part M4(3) of the Building Regulations. Any communal areas and
accesses serving the M4(3) compliant Wheelchair User Dwellings should also
comply with Part M4(3). All other residential units, communal areas and accesses
hereby permitted shall be constructed to comply with Part M4(2) of the Building
Regulations.

Reason: To secure appropriate access for disabled people, older people and
others with mobility constraints (policies 3.8 of the London Plan (2015) and Q1 of
the London Borough of Lambeth Local Plan (2015) and the guidance in the London
Plan Housing SPG (2012)).

15 Method of demolition and construction


Before any development commences, full details of the proposed demolition and
construction methodology, in the form of a Method of Construction Statement, shall
be submitted to and approved in writing by the Local Planning Authority. The
Method of Construction Statement shall include details regarding:
a) The scope and nature of notifying neighbours with regard to specific works;
b) Advance notification of road closures;
c) Details regarding parking, deliveries, and storage;
d) Details of measures to prevent the deposit of mud and debris on the public
highway;
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e) Any other measures to mitigate the impact of construction upon the amenity of
the area and the function and safety of the highway network.
f) Construction Logistics Plan (CLP), defining the timings and various activities to
take place during the different phases of the construction periods.

The development shall not begin until provision has been made to accommodate
all site operatives', visitors' and construction vehicles loading, off-loading, parking
and turning within the site or otherwise during the construction period in
accordance with the approved details. The details of the approved Method of
Construction Statement must be implemented and complied with for the duration of
the demolition and construction process.

Reason: To ensure minimal nuisance or disturbance is caused to the detriment of


the amenities of adjoining occupiers and of the area generally, and to avoid
unnecessary hazard and obstruction to the public highway (Policies EN4, EN7 &
T8 of the London Borough of Lambeth Local Plan (2015)).

16 Air Quality
No demolition or development shall commence until full details of the proposed
mitigation measures for impact on air quality and dust emissions, in the form of an
Air Quality and Dust Management Plan (AQDMP), have been submitted to and
approved in writing by the local planning authority. The AQDMP shall include the
following for each relevant phase of work (demolition, earthworks, construction and
trackout):

a) A summary of work to be carried out;


b) Proposed haul routes, location of site equipment including supply of water for
damping down, source of water, drainage and enclosed areas to prevent
contaminated water leaving the site; Inventory and timetable of all dust and
NOx air pollutant generating activities;
c) List of all dust and emission control methods to be employed and how they
relate to the Air Quality (Dust) Risk Assessment;
d) Details of any fuel stored on-site;
e) Details of a trained and responsible person on-site for air quality (with
knowledge of pollution monitoring and control methods, and vehicle emissions);
f) Summary of monitoring protocols and agreed procedure of notification to the
local authority; and
g) A log book for action taken in response to incidents or dust-causing episodes
and the mitigation measure taken to remedy any harm caused, and measures
employed to prevent a similar incident reoccurring.
No demolition or development shall commence until all necessary pre-
commencement measures described in the AQDMP have been put in place
and set out on site. The demolition and development shall thereafter be carried
out and monitored in accordance with the details and measures approved in
the AQDMP.

Reason: Development must not commence before this condition is discharged


to manage and mitigate the impact of the development on the air quality and
dust emissions in the area and London as a whole, and to avoid irreversible
and unacceptable damage to the environment (London Plan policies 5.3 and
7.14, and the London Plan SPGs for Sustainable Design and Construction and
Control of Dust and Emissions during Construction and Demolition).

17 Non road-mobile machinery (NRMM)


No non-road mobile machinery (NRMM) shall be used on the site unless it is
compliant with the NRMM Low Emission Zone requirements (or any superseding
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requirements) and until it has been registered for use on the site on the NRMM
register (or any superseding register).

Reason: To ensure that air quality is not adversely affected by the development in
line with London Plan policy 7.14 and the Mayor’s SPG: The Control of Dust and
Emissions During Construction and Demolition.

18 Cycle Parking
The cycle parking and associated cycle ramp shown on the approved plans (dwg
no: 133VS – Proposed Basement Plan) shall be implemented in full prior to the first
occupation of the development hereby permitted, and shall thereafter be retained
solely for its designated use.

Reason: To ensure adequate cycle parking is available on site and to promote


sustainable modes of transport (policies T1, T3 and Q13 of the London Borough of
Lambeth Local Plan (2015)).

19 Waste and Recycling Storage


The waste and recycling storage shown on the approved plans (PL101 rev J) shall
be provided prior to the first occupation of the development hereby permitted, and
shall thereafter be retained solely for its designated use.

Reason: To ensure suitable provision for the occupiers of the development, to


encourage the sustainable management of waste and to safeguard the visual
amenities of the area (policies Q2 and Q12 of the London Borough of Lambeth
Local Plan (2015)).

20 Secondary Aquifer Protection


Prior to the commencement of above ground works, the following components to
deal with the risks associated with contamination of the site shall be submitted to,
and approved in writing by, the Local Planning Authority:

1) a preliminary risk assessment which has identified:


- all previous uses;
- potential contaminants associated with those uses;
- a conceptual model of the site indicating sources, pathways and
receptors;
- potentially unacceptable risks arising from contamination at the site;
2) a site investigation scheme, based on (1), to provide information for a
detailed assessment of the risk to all receptors that may be affected, including
those off site;
3) the results of the site investigation and detailed risk assessment referred to
in (2) and, based on these, an options appraisal and remediation strategy
giving full details of the remediation measures required and how they are to
be undertaken;
4) a verification plan providing details of the data which will be collected in
order to demonstrate that the works set out in the remediation strategy in (3)
are complete and identifying any requirements for longer-term monitoring of
pollutant linkages, maintenance and arrangements for contingency action.

The development shall thereafter be carried out in full accordance with the
approved details unless written approval is received from the Local Planning
Authority.

Reason: To ensure the protection of controlled waters in accordance with the


National Planning Policy Framework.
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21 Secondary Aquifer – verification report


Prior to first occupation of the development, a verification report demonstrating
completion of the works set out in the approved remediation strategy and the
effectiveness of the remediation shall be submitted to and approved, in writing, by
he Local Planning Authority. The report shall include results of sampling and
monitoring carried out in accordance with the approved verification plan to
demonstrate that the site remediation criteria have been met. It shall also include a
plan (a ‘long-term monitoring and maintenance plan’) for longer-term monitoring of
pollutant linkages, maintenance and arrangements for contingency action, as
identified in the verification plan, if appropriate, and for the reporting of this to the
Local Planning Authority. Any long-term monitoring and maintenance plan shall be
implemented as approved.

Reason: To ensure that any necessary remedial measures against historic


contamination have been undertaken and that any environmental risks have been
satisfactorily managed in accordance with the National Planning Policy Framework.

22 Contamination identified during construction


If, during development, contamination not previously identified is found to be
present at the site then no further development (unless otherwise agreed in writing
with the Local Planning Authority) shall be carried out until the developer has
submitted, and obtained written approval from the Local Planning Authority for, a
remediation strategy detailing how this unsuspected contamination shall be dealt
with. The remediation strategy shall be implemented as approved, verified and
reported to the satisfaction of the Local Planning Authority.

Reason: To ensure the protection of controlled waters in accordance with the


National Planning Policy Framework.

23 Piling and foundations


Piling or any other foundation designs using penetrative methods shall not be
permitted other than with the express written consent of the Local Planning
Authority, which may be given for those parts of the site where it has been
demonstrated that there is no resultant unacceptable risk to groundwater. The
development shall be carried out in accordance with the approved details.

Reason: To ensure the protection of controlled waters in accordance with the


National Planning Policy Framework.

24 Drainage
No drainage systems for the infiltration of surface water in to the ground are
permitted other than with the express written consent of the Local Planning
Authority, which may be given for those parts of the site where it has been
demonstrated that there is no resultant unacceptable risk to controlled waters. The
development shall be carried out in accordance with the approval details.

Reason: To prevent the remobilisation of contaminants present in shallow soil or


made ground which could ultimately cause pollution of groundwater in accordance
with the National Planning Policy Framework.

Informatives
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1. This decision letter does not convey an approval or consent which may be required
under any enactment, by-law, order or regulation, other than Section 57 of the Town and
Country Planning Act 1990.

2. Your attention is drawn to the provisions of the Building Regulations, Party Wall Acts
and related legislation which must be complied with.

3. Your attention is drawn to the need to comply with the requirements of the Control
of Pollution Act 1974 concerning construction site noise and in this respect you are advised
to contact the Council's Environmental Health Division.

4. You are advised to consult the Principal Highways Engineer of the Highways team
at the earliest possible opportunity in order to obtain necessary prior approval for
undertaking any works within the Public Highway including Scaffold, Temporary/Permanent
Crossovers, Oversailing/Undersailing of the Highway, Drainage/Sewer Connections and
Repairs on the Highways, Hoarding, Excavations, Temporary Full/Part Road Closures,
Craneage Licenses etc.

5. You are advised to consult the Council's Streetcare team within the Public Protection
Division with regard to the provision of refuse storage and collection facilities. The Council’s
‘Refuse and Recycling Guidance 2013’ should be considered in regards to the provision of
waste storage and the management plan for the reduction, storage, handling and
movement of waste across the site.

6. As soon as building work starts on the development, you must contact the Street
Naming and Numbering Officer if you need to do the following: i. name a new or existing
building
ii. apply new street numbers to a new or existing building
iii. register new flats or new buildings with Royal Mail
This will ensure that any changes are agreed with Lambeth Council before use, in
accordance with the London Buildings Acts (Amendment) Act 1939 and the Local
Government Act 1985. The correct street number or number and name must be displayed
prominently on the premises in accordance with regulations made under Section 12 of the
London Building Acts (Amendment) Act 1939.

7. BS 8233:2014 gives guidance for internal noise levels in rooms for residential
purposes from environmental noise to maintain appropriate resting & sleeping conditions.
The publication provides noise levels for "good" and "reasonable" standards to be aimed
for within dwellings; the "good" standard being in compliance with the latest World Health
Organisation (WHO) Standard on Community Noise. WHO advise that as well as
considering average noise levels (LaEQ metric) the individual single event LaMax level
should be considered as well as the LaEQ where there are distinctive events. Both WHO
& BS 8233:2014 also recommends that any individual noise event at night should not
normally exceed 45dB(A) max. This standard is designed to minimise sleep disturbance
and, by necessity, precludes ventilation through open windows which may require some
form of forced ventilation to allow for rapid ventilation.

8. Post boxes should be provided internally and integrated so that mail can be collected
from within the building.

9. You are advised that the development hereby approved would be liable for Mayoral
CIL and Lambeth CIL payments.

10. You are reminded that all conditions which require further details to be submitted to
and approved by the Local Planning Authority need to be accompanied by an application
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form and a fee. The application form and fee schedule can be found at
www.lambeth.gov.uk/planning.

11. The Environment Agency should be consulted should any contamination be


identified that could present an unacceptable risk to controlled waters; the site is located
over a Secondary Aquifer and within a groundwater Source Protection Zone (SPZ2).

12. The developer should be aware of the potential risks associated with the use of piling
where contamination is an issue. Piling or other penetrative methods of foundation design
on contaminated sites can potentially result in unacceptable risks to underlying
groundwaters. We recommend that where soil contamination is present, a risk assessment
is carried out in accordance with the Environment Agency guidance 'Piling into
contaminated sites'. The Environment Agency will not permit piling activities on parts of a
site where an unacceptable risk is posed to controlled waters.

13. For information on the NRMM Low Emission Zone requirements and to register
NRMM, please visit "http://nrmm.london/".

14. Your attention is drawn to the following guidance from Thames Water:

With regard to surface water drainage it is the responsibility of a developer to make proper
provision for drainage to ground, water courses or a suitable sewer. In respect of surface
water it is recommended that the applicant should ensure that storm flows are attenuated or
regulated into the receiving public network through on or off site storage. When it is proposed
to connect to a combined public sewer, the site drainage should be separate and combined
at the final manhole nearest the boundary. Connections are not permitted for the removal of
groundwater. Where the developer proposes to discharge to a public sewer, prior approval
from Thames Water Developer Services will be required. The contact number is 0800 009
3921. Reason - to ensure that the surface water discharge from the site shall not be
detrimental to the existing sewerage system.

15. Legal changes under The Water Industry (Scheme for the Adoption of private sewers)
Regulations 2011 mean that the sections of pipes you share with your neighbours, or are
situated outside of your property boundary which connect to a public sewer are likely to have
transferred to Thames Water's ownership. Should your proposed building work fall within 3
metres of these pipes we recommend you email us a scaled ground floor plan of your property
showing the proposed work and the complete sewer layout to
developer.services@thameswater.co.uk to determine if a building over / near to agreement
is required.

16. A Groundwater Risk Management Permit from Thames Water will be required for
discharging groundwater into a public sewer. Any discharge made without a permit is deemed
illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We
would expect the developer to demonstrate what measures he will undertake to minimise
groundwater discharges into the public sewer. Permit enquiries should be directed to Thames
Water’s Risk Management Team by telephoning 02035779483 or by emailing
wwqriskmanagement@thameswater.co.uk. Application forms should be completed on line
via www.thameswater.co.uk/wastewaterquality.

17. Thames Water will aim to provide customers with a minimum pressure of 10m head
(approx. 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters
pipes. The developer should take account of this minimum pressure in the design of the
proposed development.
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18. You are advised of the necessity to consult the Transport and Highways team within
the Transport Division of the Directorate of Environmental Services, with regard to any
alterations affecting the public footway.
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