(Item 4.2)

LONDON BOROUGH OF WALTHAM FOREST

Committee/Date: Planning – 07/01/2020

Application reference: 190737

Applicant: CQ Planning, 29 The Risings, Walthamstow, London

Location: 155 Chingford Road, Walthamstow, London, E17 4PN

Proposed development: Demolition of the existing structures and the

construction of one to four-storeys high building

including a basement, to provide nine flats (4 x 1

bedroom, 4 x 2 bedroom and 1 x 3 bedroom unit) with

associated hard and soft landscaping, cycle and

refuse provision.

Wards affected: Chapel End

Appendices: 1- The floor plans for Livingston Lodge

2- The floor plans for Tramway Office

1 RECOMMENDATION

1.1 That planning permission be GRANTED subject to conditions and informatives, and completion of a s106 agreement with Heads of Terms with the following Heads of Terms:

Highways Car Free

Highways s278 enabling works

Local Labour Agreement

Carbon Off-Setting Contribution

Retention of the Architecture Team

o LBWF Fees - Payment of 5% of the total amount of Section 106 contributions towards monitoring, implementation and compliance of the Section 106 Agreement

o Payment of the Council’s legal fees for the preparation and completion of the Legal Agreement.

Minor Amendments

1.2 That authority to be given to the Assistant Director of Development

Management and Building Control in consultation with the Council’s

Legal Services for the sealing of the Section 106 Agreement and to

(Item 4.2)

agree any minor amendments to the conditions or the Legal Agreement

on the terms set out above.

1.3 In the event that the S106 is not completed within 12 weeks of the date of the Planning Committee the Assistant Director of Development Management and Building Control is hereby authorised to refuse the application. The planning obligations are necessary to make the development acceptable in planning terms. In the absence of the Section 106 obligation the Council would not be able to able to ensure that:

Promote sustainable travel options and reduce car use

Measures are in place for the required enabling public realm works

Promote the Councils employment and training opportunities;

Potential air quality impacts of the development are mitigated, and

Design quality is maintained

2 REASONS REFERRED TO COMMITTEE

2.1 There is significant public interest.

3 SITE AND SURROUNDINGS

3.1 The application relates to a semi-rectangular plot of land sitting between No. 144 and 157 Chingford Road, to the west and east respectively. The site has a total area of 683 sqm with a frontage width of 19 metres along Chingford Road.

3.2 The last lawful use for this site was as an MOT garage. There is a single-storey office building on the western portion of the site, and a one- and a half-storey building to the north of the site which adjoins the rear gardens of adjacent properties

3.3 The adjoining two-storey building to the west is a Grade II listed building, known as the former Walthamstow Tramway Offices and Depot, which currently comprise eight flats, as approved under planning reference 1994/087. The building has round-arched ground floor windows with terracotta visors, flat-arched windows at first-floor level which flank a central oriel window topped by a semi-circular pediment with a clock face.

3.4 The three-storey building to the east is a former office building, Livingstone Lodge, which currently comprise six residential units as approved under planning application reference 2000/1266.

3.5 The site is sited in an area with a PTAL 2 and is located a short walk from local shops and services. The site does not fall within any Local

(Item 4.2)

Plan designations, town centres or subject of any relevant Article 4 Directions.

4 APPLICATION PROPOSAL

4.1 The proposal relates to the demolition of the existing buildings, and the creation of residential use on the site, with the construction of a residential building comprising four-storeys and basement level. Nine self-contained residential flats, comprising of 4 x 1 bedroom, 4 x 2 bedroom and 1 x 3 bedroom units, would be created. Table 1 below shows the proposed residential schedule.

Unit Level Bedroom Persons

1 Basement + ground 2 bed 3 persons

2 Basement + ground 1 bed 2 persons

3 Basement + ground 1 bed 2 persons

4 Basement + ground 2 bed 3 persons

5 Basement + ground 1 bed 2 persons

6 First Floor 3 bed 4 persons

7 First Floor 2 bed 3 persons

8 Second Floor 2 bed 3 persons

9 Third Floor 1 bed 2 persons

Total 4 Storeys 16 beds 23 Persons

4.2 A comprehensive landscape scheme is proposed, including hard and soft landscaping, cycle parking and refuse provision.

4.3 A communal amenity area of 286.5 sqm is proposed including a children’s play area, to the rear of the site.

4.4 The bin store would be located along the western section of the site, positioned less than 10m from the entrance to the site for collection.

4.5 The proposal includes three secured cycle stores to comprise of six spaces each, with total provision of 18 cycle spaces on site.

4.6 The proposal does not include any on-site parking provision.

In terms of the siting of the building in the streetscene, the proposed footprint be sited at a distance of 7.5 metres from the Chingford Road boundary, 2.3 metres from the east boundary, between 3 to 5 metres

(Item 4.2)

from the west boundary of the Grade II listed building.

4.7 The building would have a frontage width of 10.7 metres and an overall depth of 24 metres. The building would step back 2.5 metres and 15 metres from the rear at first and second floors respectively. The third floor is set in by 1.7 metres from both sides and 1 metre from the front.

4.8 The proposal under consideration has been the subject of amendments, relating to reducing the overall density and floor areas of the development to improve the overall quality of the development. The changes to the proposal included internal arrangements to improve quality of accommodation for basement/ground level dwellings, and relocation of windows for protection of privacy and amenity between the properties. The resultant changes required a reallocation of unit sizes, and orientations.

5 RELEVANT SITE HISTORY

A. Planning

183180 Construction of three storey building including excavation to create basement to provide 9 residential units (2 x 1-bedroom, 2 x 2-bedroom and 5 x 3-bedroom units).

Withdrawn 13/12/2018

810520 Redevelopment of existing forecourt as self-service petrol filling station.

Approved 03/04/1984

B. Pre-Application

181581 Demolition of existing buildings and erection of a part two, part three storeys building a single-storey building with basement excavation to the rear of the site to accommodate 9 residential units.

(Item 4.2)

This pre-application followed the withdrawn of application reference 183180 and provided basis of the submission of the current planning application.

C. Enforcement

(i) Enforcement Investigations

488173

The site is subject to enforcement investigation for unlawful use as a car wash. The investigation is still pending.

D. Adjacent Sites

141 Chingford Rd 94/0487

Alterations to provide eight self-contained flats

Approved 21/07/1995

157 Chingford Rd

2000/1266

Conversion of existing building into residential use comprising 3

x 2-bed and 5 x 1-bed flats, provision for parking.

Approved 22/03/2001

159 Chingford Rd

180272

Demolition of existing building and construction of three storey building with balconies on first and second floor and front and side elevation, with associated

refuse storage to create six residential units (1 x 1 bed, 2 x 2

bed and 3 x studios).

Approved 01/08/2018

6 PUBLIC CONSULTATIONS

6.1 The Council circulated consultation letters to local residents on the 12 March 2019 to the following neighbouring properties:

Aveling Park Road: 1 to 19 (Odd numbers only)

Chingford Road: Flats A to N at Nos. 132 & 134, 136 to 148 (Even numbers only), 155, Livingston Lodge at No.157.

Omnibus Way: 77 to 91.

6.2 The application was advertised via a site notices on the 01 April 2019

(Item 4.2)

6.3 The Council received a total of five objection letters as a result of the first public consultation.

6.4 The representations relating to the issues of concern raised are detailed in Table 2 below and are also matters which are addressed within the “Assessment” section of this report.

Objection received Response

The proposed density is too high for the area

The amended plans reduced the overall scale, bulk and size of the proposed units which subsequently reduced the habitable rooms/hectare. Please refer to section 10A of the report

The proposed building at the rear would not relate to the Grade II listed building

Through consultation with the LBWF Conservation officer, the proposal has been the subjection of significant amendments to address the impact on the setting of the adjoining Listed Building, Please refer to section B of this report

The development would unduly impact on the light to adjacent properties.

The proposal has been accompanied by a BRE assessment report demonstrating that the scale, siting of the proposal will retain sufficient levels of daylight and sunlight for the adjoining properties. This is discussed in detail in section 10 C of the assessment section of this report.

Impact of increased traffic from additional dwellings

The proposal would not include any parking provision and would be classed as a car-free development. Future occupiers would not be allowed to obtain parking permits on nearby CPZ. The proposal would result in a reduction in car movements on and around the site due to the proposed use.

Inadequate parking provision

The Council’s Local Plan encourages zero parking for new development to reduce private car ownership and promotes sustainable means of transportation. This is further addressed in section 10E of this report.

Basement level will impact adjoining properties

The application included a basement impact assessment, the Council’s Building Control did not raise a concern and explained that the building phase would include a more thorough examination to the building practice to ensure adjoining properties would not be affected.

(Item 4.2)

Flats in the area impact includes bins overflow

The proposal would have appropriate bin store provision inside the boundaries of the site. Full assessment within Section 10E of this report.

Impact on drains Thames Water did not raise any objection to the application.

The site is under an enforcement notice

The application is separate from the enforcement notice nature and is not part of the current assessment.

Impact on surface water flooding.

The Council’s flooding engineers did not raise a concern to the proposal. Additionally, the Decision Notice would include a condition for Sustainable Water Drainage systems to ensure that the proposal would incorporate all possible measures to reduce surface water flooding.

6.5 A further re-consultation was carried out in 29th August 2019, as a result of changes to the proposal, as referred to 4 of this report. Further site notices were displayed on the 30th October 2019.

6.6 At the time of writing this report, the response expiry date for the recent consultation had not yet passed. However, up to the 20/11/19 the Council had not received any further responses.

6.7 An update report will be provided to advise on any further correspondence the Council receives prior to meeting.

7 OTHER CONSULTATIONS

7.1 The conclusion of the responses received from internal and external consultees are in Table 3 below and their response are also matters which are addressed within the “Assessment” section of this report.

Consultees Response

Building Control The response stated that there was no comments to make from a Building Regulation Perspective at this stage. If approval is given, then we’d be happy to review the Basement Impact Assessment.

Conservation Officer No objections to the proposal and requested reducing the number of materials at the elevation which was addressed by the applicant within the amended proposal.

Environmental Health – Contaminated Land

No objections subject to conditions.

(Item 4.2)

Environmental Health – Pollution

No objections subject to conditions for Air Quality Management Plan and Emissions from Non-road mobile machinery (NRMM)

Highways Development

No objections subject to conditions and S106 Agreement terms, as referred in section 10E of this report.

Urban Design No objections to the proposal as it followed the agreed principles and discussions of the pre-application.

Refuse and Recycling No comments received. However, the proposal has been assessed in line with the Council’s policies. Please refer to section 10E of this report.

Thames Water No objections to the proposal and requested adding informatives for the developers benefit.

8 DEVELOPMENT PLAN

National Planning Policy Framework (2018)

8.1 The National Planning Policy Framework sets out the Government's planning policies for England and how these are expected to be applied. It is a material consideration in planning decisions. It contains a presumption in favour of sustainable development, described as at the heart of the framework.

8.2 For decision-taking the NPPF states that the presumption means "approving development proposals that accord with an up-to-date development plan without delay" and where there are no relevant development plan policies, or the policies which are most important for determining the application are out of date, granting permission unless “…any adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole".

8.3 The NPPF gives a centrality to design policies; homes should be locally led, well-designed, and of a consistent and high quality standard. Local planning authorities (LPAs) are to make sure that the quality of approved developments does not materially diminish ‘between permission and completion, as a result of changes being made to the permitted schemes’

8.4 The specific policy areas of the NPPF considered to be most relevant to the assessment of this application are as follows:

Delivering a sufficient supply of homes

Promoting healthy and safe communities

Promoting sustainable transport

(Item 4.2)

Making effective use of land

Achieve well-designed places

Delivering a wide choice of high-quality homes

Meeting the challenge of climate change, flooding and coastal change

Conserving and enhancing the historic environment

London Plan 2016

8.5 The London Plan (2016) is the overall strategic plan for London, and it sets out a fully integrated economic, environmental, transport and social framework for the development of the capital to 2031. The London Plan was formally amended in 2016 incorporating alterations, since initial adoption in 2011.

8.6 There is a Draft Revised London Plan, published on the 29th December 2017 and was out for public consultation between 1st December 2017 and 2nd March 2018. However, until this document is formally adopted it does not carry as much weight as the adopted London Plan, in terms of assessing the current application. However, it should be noted the changes proposed do not raise new issues pertinent to assessment of the proposal under consideration.

8.7 The policies relevant to this application are:

3.3 Increasing housing supply

3.4 Optimising housing potential

3.5 Quality and design of housing developments

3.6 Children and young people’s play and informal recreation facilities

3.8 Housing choice

5.1 Climate change mitigation

5.2 Minimising carbon dioxide emissions

5.3 Sustainable design and construction

5.4 Retrofitting

5.4A Electricity and gas supply

5.5 Decentralised energy networks

5.6 Decentralised energy in development proposals

5.7 Renewable energy

5.10 Urban greening

5.11 Green roofs and development site environs

5.12 Flood risk management

(Item 4.2)

5.13 Sustainable drainage

5.14 Water quality and wastewater infrastructure

5.15 Water use and supplies

5.16 Waste net self-sufficiency

5.17 Waste capacity

5.18 Construction, excavation and demolition waste

5.21 Contaminated land

6.9 Cycling

6.10 Walking

6.13 Parking

7.3 Designing out crime

7.4 Local character

7.5 Public realm

7.6 Architecture

7.8 Heritage assets and archaeology

8.3 Community infrastructure levy

The Draft London Plan 2019

8.8 The Draft New London Plan is a ‘consolidated' version of the London Plan showing all of the Mayor's suggested changes following the Examination in Public (EiP), it was published in July 2019. However, until this document is formally adopted, it does not carry as much weight as the adopted London Plan (2016) in terms of assessing the current application. It should be noted that its general principles further reinforce the provisions of the London Plan (2016), and the changes proposed where there is any divergence from the adopted London Plan are considered to be only minor and unlikely to be pertinent to the assessment of the proposal under consideration.

8.9 The Planning Inspectorate has published its ‘Report of the Examination in Public of the London 2019’ on the 8th October 2019. The Town and Country Planning (London Spatial Development Strategy) Regulations 2000 part II, section 9 para 1-3 state that the Mayor of London may propose not to accept any recommendation in the Inspectors Report. Therefore it is considered that it has limited weight.

8.10 The relevant policies within the Draft New London plan (2019) are:

Policy D2 Delivering good design

Policy D3 Inclusive design

Policy D4 Housing quality and standards

(Item 4.2)

Policy D5 Accessible housing

Policy D6 Optimising housing density

Policy D7 Public realm

Policy D9 Basement development

Policy D10 Safety, security and resilience to emergency

Policy D11 Fire safety

Policy D12 Agent of Change

Policy D13 Noise

Policy E4 Land for industry, logistics and services to support London's economic function

Policy E7 Intensification, co-location and substitution of land for industry, logistics and services to support London's economic function

Policy H1 Increasing housing supply

Policy H2 Small sites

Policy H3 Monitoring housing targets

Policy H12 Housing size mix

Policy HC1 Heritage conservation and growth

Policy SI1 Improving air quality

Policy SI2 Minimising greenhouse gas emissions

Policy SI3 Energy Infrastructure

Policy SI7 Reducing waste and supporting the circular economy

Policy SI8 Waste capacity and net waste self sufficiency

Policy SI12 Flood risk management

Policy SI13 Sustainable drainage

Policy T5 Cycling

Policy T6 Car parking

Policy T6.1 Residential parking

Policy T9 Funding transport infrastructure through planning

Waltham Forest Local Plan Core Strategy (2012)

8.11 The Waltham Forest Core Strategy (2012) was adopted on 1st March 2012.

8.12 The Core Strategy contains 16 policies designed to deliver the Council's vision for the physical, economic, environmental and social

(Item 4.2)

development of the Borough. These policies will be used to direct and manage development and regeneration activity up to 2026.

8.13 The policies considered relevant to this application are as follows:

CS2: Improving Housing Quality and Choice

CS6: Promoting Sustainable Waste Management and Recycling

CS7: Developing Sustainable Transport

CS15: Well Designed Buildings, Places and Spaces

Waltham Forest Local Plan Development Management Policies (2013)

8.14 The Local Plan Development Management Policies Document was adopted in November 2013. This sets out the borough-wide policies that implement the Core Strategy and delivering the long term spatial vision and strategic place shaping objectives. There is an emphasis on collaboration and a positive proactive approach to reaching a balance agreement that solves problems rather than a compromise that fails to meet objectives. The following policies are relevant in this case:

DM1- Sustainable Development and Mixed Use Development

DM2- Meeting Housing Targets

DM5 - Housing Mix

DM7 - External Amenity and Internal Space Standards

DM10 - Resource Efficiency and High Environmental Standards

DM11 - Decentralised and Renewable Energy

DM16 - Parking

DM20 - Non-Designated Employment Areas

DM28 - Heritage Assets

DM29 - Design Principles, Standards and Local Distinctiveness

DM30 - Inclusive Design and the Built Environment

DM32 - Managing Impact of Development on Occupiers and Neighbours

DM34 - Water

9 MATERIAL PLANNING CONSIDERATIONS

Other policies

The London Plan, Supplementary Planning Guidance – Housing (2016)

(Item 4.2)

Department for Communities and Local Government Technical Housing Standard – Nationally Described Space Standard.

Supplementary Planning Document Urban Design (2010)

London Plan Supplementary Planning Guidance "Housing" (2016)

Local Finance Considerations

9.1 Local Finance Considerations are a material consideration in the determination of all planning applications. Local Finance Considerations can include either a grant that has been or would be given to the Council from central government or money that the council has received or will or could receive in terms of Community Infrastructure Levy (CIL).

i) There are no grants which have been or will or could be received from central government in relation to this development.

ii) The Council has not received but does expect to receive income from LBWF CIL in relation to this development.

iii) The Council has not received but does expect to receive income from Mayoral CIL in relation to this development.

10 ASSESSMENT

10.1 The main issues for consideration, in relation to the proposed development are as follows:

A. Principle of Development

B. Urban Design

C. Neighbour Amenity

D. Quality of Proposed Residential Accommodation

E. Highway and Transport Impact

F. Environment and Sustainable Design

G. Planning Obligations

A. The Principle of Development

10.2 The following issues are considered in relation to the principle of the development:

(Item 4.2)

i) Land Use Proposed

ii) Loss of existing use

iii) Density

iv) Housing Mix

i) Land Use Proposal

10.3 The London Plan 2016 identifies the urgent need to increase housing supply in London to address the substantial population increase in the capital. The London Plan identifies an annual housing target of at least 42,000 new homes per annum. The proposed development would contribute towards the provision of new housing, in line with the aspirations of the London Plan. There is a pressing need for Waltham Forest to deliver additional new homes. The Draft London Plan 2019 requires Waltham Forest to deliver 1794 new homes per year (this figure has increased dramatically from 862 homes per year).

10.4 Waltham Forest Local Plan Core Strategy (2012) Strategic Objective 2 of the states that the Council will ‘ensure a continuous supply of land and homes to meet a range of housing needs including affordable housing, family housing and accommodation needs of specific groups within the community, whilst offering a range of housing choices which are of high quality in the right place’.

10.5 Waltham Forest Local Plan Core Strategy (2012) Policy CS2 of the sets out that the Council will facilitate sustainable housing growth by ‘creating a mixed and inclusive community by enabling a variety of housing types to meet the identified local needs of the borough’s population.

10.6 The proposal would be purely residential within a residential setting which has a mix of dwelling houses and flatted blocks. The proposal for nine residential units would add to the overall housing stock in the borough and would count towards meeting the Council’s housing target which is set by the London Plan. Accordingly, the proposed land use would be considered acceptable and in line with London Plan and Local Plan Core Strategy CS2.

ii) Loss of Existing Use

10.7 Draft London Plan Policy E4 states that London Borough Waltham Forest is located as a ‘Retain’ Category for Table 6.2 - Management of industrial floorspace capacity. This requires that the borough as a whole should seek to intensify industrial floorspace capacity following the general principle of no net loss across designated Strategic Industrial Locations (SIL), Locally Significant Industrial Sites (LSIS) and non-designated industrial sites.

10.8 Draft London plan Policy E7 States that non-employment generating uses on non-designated SIL or LSIS sites must demonstrate that ‘no

(Item 4.2)

reasonable prospect’ of the site being used for industrial and related purposes.

10.9 Policy DM20 for Non-Designated Employment Areas requires that mitigation for the loss of employment land is provided either by the provision of arrangements to train local residents to obtain the knowledge, skills and confidence necessary to acquire jobs elsewhere, or by the use of local labour agreements for the construction phase of new development and/or the end user jobs of new non-residential development.

10.10 The site is in a predominantly residential area, and not designated in a SIL or LSIS.

10.11 The site had a current lawful use as an MOT garage (Sui Generis) which ceased use prior to the previous 2018 application. Within the supporting documentation, evidence from the applicant has been provided demonstrating that the previous lawful use was unviable on the site. Following marketing of the property, the only tenant able to occupy the site on reasonable terms and marketing was for an unlawful change of use that is currently under enforcement investigation.

Prevailing use class context.

10.12 The site is not located within a town centre, with a low level PTAL rating of 2, and is within a predominantly residential setting.

10.13 The adjoining properties established the principle of conversion of employment generating commercial/industrial uses to wholly residential developments in the following cases of

94/0487 at 141 Chingford Rd,

2000/1266 at 157 Chingford Rd and

180272 at 159 Chingford Rd.

10.14 The above sites form the entire context of Chingford Road in this location as shown on the diagram below.

10.15 The applications have been made over the course of a changing planning policy environment of adopted and draft plans and national guidance. However, consideration of precedence is appropriate in determining the prevailing character of the area. It is considered that

(Item 4.2)

within this streetscape, the employment generating uses have been abandoned, and wholly residential schemes are appropriate.

10.16 It is considered there are specific circumstance and sufficient evidence to demonstrate that the site would be suitable for release from commercial use. Notwithstanding, in line with policy DM20, the development is subject to s106 term requiring the establishment of a local labour agreements for the construction phase of the project in order to mitigate for the loss of employment land.

iii) Density

10.17 Waltham Forest Local Plan Core Strategy CS2 states that the Council would facilitate sustainable housing growth by prioritising development on previously developed land and making effective and efficient use of land by seeking to optimise housing densities.

10.18 The site falls within an urban setting in an area with a PTAL rating of 2. London Plan policy 3.4 states that this context should optimise housing output within a density range of 70 - 170 units/hectare and/or 200 - 450 habitable rooms/hectare. The proposal would have a density of 132 units/hectare or 278 habitable rooms/hectare.

London Plan Policy 3.4

Proposed Complies

Units/Ha 170 132 Yes

Hab Room/Ha 450 278 Yes

10.19 Furthermore, the Draft London Plan removes the density matrix and policy D2 states that development proposals must make the most efficient use of land and be developed at the optimum density. The optimum density of a development should result from a design-led approach to determine the capacity of the site.

10.20 Additionally, Draft London Plan policy H2 (Small Sites) Part A states that boroughs should pro-actively support well-designed new homes on small sites through both planning decisions and plan-making in order to significantly increase the contribution of small sites to meeting London’s housing needs, and diversify the sources, locations, type and mix of housing supply

10.21 The density guideline range is not the sole determinant in a planning assessment and needs to be considered alongside the objectives of both Policy 3.4 of the London Plan and Mayor’s Housing SPG, and local planning policies to optimise housing output and potential in different types of locations.

10.22 As shown and considered in the following sections of the report, the proposed scheme is considered to be a high quality environment for residents and would be the best sustainable use of land in terms of the

(Item 4.2)

proposed streetscape presentation, scale of the building in the context of the listed building, as well as providing good quality internal layout and living environment for prospective occupiers.

iv) Housing Mix

10.23 London Plan Policy 3.8 states that new developments should offer a range of housing choices, in terms of the mix of housing sizes and types, taking account of the housing requirements of different groups and the changing roles of different sectors in meeting these

10.24 This is supported by Draft Policy H12 Housing size mix of the Draft London Plan – July 2019 version

10.25 Development Management Policies (2013) Policy DM5 aims to provide a range of dwelling sizes and tenures particularly focusing on the provision of larger family sized homes,

10.26 The proposal is for nine residential units and would not be required to provide affordable housing contribution or wheelchair accessible units.

10.27 Table 4 shows the proposed mix of housing within the development:

10.28 The 2017 SHMA states that the required size breakdown of the housing stock in the borough in 2039 will be 18% one bedroom dwellings, 30% two bedroom dwellings, 35% three bedroom dwellings, and 17% four bedroom dwellings. In order to reach this target, new housing provision will need to focus on two and four or more bedroom units.

10.29 The proposed mix would not adhere to LBWF Policy DM5; however, it would include a high quality 3 bedroom family unit which meets the technical space standards and exceeds the Mayor’s Housing SPG requirements for private amenity space.

10.30 The site seeks to maximise the housing mix provision at a good quality, whilst taking into consideration the site constraints, which include built design and form that is acceptable in its setting, as well as ensuring that the amenity impact on the future occupiers of this site and neighbouring properties is not unduly compromised.

Unit Type Number Percentage

1-bedroom/two-persons 4 44%

2-bedroom/three-persons 4 44%

3-bedroom 1 12%

Total 9 100%

(Item 4.2)

10.31 It is recognised that this higher density small scale scheme is more suited to one and two person households, particularly singles, couples and sharers, students and older people.

10.32 The GLA’s Housing SPG (2016) echoes this approach stating that Borough’s should consider applying local policies on unit size mix flexibly in town centre locations. Whilst the site is not strictly within a town centre location, due to its location in close proximity to bus routes and surrounding services, it is considered to demonstrate similar characteristics for the purpose of assessment against the SPG. It also points to the potential net benefits which can arise as a result of the provision of smaller units in relation to the existing stock of family sized homes, including the extent to which the provision of smaller accessible and adaptable units may encourage downsizing, freeing up larger homes for occupation by families.

10.33 The proposal is a small scale development constrained by the narrow site and proximity to neighbouring residential dwellings. The proposal has undergone a number of design amendments to produce a siting and layout which fits comfortably within the design context of the street, whilst also protecting the neighbouring amenity. As a result of the amendments, the proposed unit sizes and internal arrangements have had to be adjusted accordingly to produce the best overall configuration.

10.34 It is considered on balance that the positive outcomes of the design of the site, protection of amenity, and creation of appropriately sized and arranged residential accommodation are sufficient in outweighing the concerns of the unit mix.

B. Urban Design

10.35 Paragraphs 124 and 127 of the NPPF requires good design within developments which would should be of a high quality and design due to the contribution towards making better places for people.

10.36 London Plan Policy 7.4 (Local Character) states that new buildings should respect the character and existing grain of the area.

10.37 Local Plan Core Strategy CS15 and Local Plan policy DM29 state that new developments will be expected to ensure the highest quality architecture and urban design and that they should reinforce and/or enhance local character and distinctiveness, taking account of patterns of development, urban form, and building typology.

10.38 The National Design Code (2019) states that well-designed places and buildings come about when there is a clearly expressed ‘story’ for the design concept and how it has evolved into a design proposal. This explains how the concept influences the layout, form, appearance and details of the proposed development.

10.39 It is recognised that the existing locality does not demonstrate a consistent or uniform pattern of development. Notwithstanding, due to

(Item 4.2)

the siting, orientation and heights of the development, the proposal is considered to have taken account of established layout and spatial character of neighbouring properties.

10.40 In particular, the following issues are considered in relation to the design of the proposal:

the layout

the form and scale of buildings;

materials and detailing.

Appearance.

landscape;

heritage context.

i) Layout

10.41 A layout shows how routes, blocks and buildings within a development are arranged and relate to neighbouring properties to create street character, open spaces and buildings.

10.42 The character of the streetscape is defined by three storey street frontages for the buildings, located with consistent front setbacks (7-8m from front boundary) and regular side setbacks (2.3-2.5m from the boundaries)

10.43 The proposal includes three storey street frontage with a fourth storey set back behind a parapet. The ground to third floor is setback 7.1m-7.3m from the front boundary and is consistent with the adjoining properties.

10.44 The building also establishes side setbacks of 2.7m to Livingston Lodge, and 3.5m to the Tramway building to provide equidistant openness between the properties.

10.45 The layout of the proposal is considered to be sited and arranged to relate successfully with the predominant character of the street, and would sit comfortably with the grain of the pattern of development within the streetscape.

ii) Form and scale.

10.46 As per the national design code, the form is the three-dimensional shape and modelling of buildings, and the spaces they define. The form and scale are shaped by the size and shape of buildings in plan; their height; bulk, and massing, and how these fit within the streetscape context.

10.47 The surrounding context of the site is defined by three storey street walls with descending mass to the rear. The listed Tramway building has a two storey height to the street, however due to the generous floor to ceiling heights, the building occupies the same volume as a three

(Item 4.2)

storey building (10m), with the ‘4th floor’ bulk of the pitched roof set behind a parapet with an upper ridge height of 14m.

10.48 The adjoining property Livingston Lodge to the east has a prominent 3 storey presentation to the street, with a 7m eave height and 11.2m ridge height set below that of the former tramway building. As such, the site is located between the properties with a clear descending building height that forms an appropriate context for the massing of the building to fit within.

10.49 The proposal has a three storey street frontage with a parapet height of 9.4m, which is set below the parapet of the tramway building to the west, and the ridge height of Livingston lodge to the east. The fourth floor height would reach maximum of 11.6m, which would be a comfortably sited transition between the Tramway building roof and Livingston Lodge ridge heights.

10.50 The massing of the building is further defined by the setbacks as addressed in section 10 (b)(i) previously. The proposed front setback allows for both soft landscaping access to services, and assists in ensuring the bulk and massing of the building sits comfortable in the row of buildings that form the street scene.

iii) Detailing and Materials

10.51 The proposed brick as a main material element would include articulation with contrasting soldier courses; the simple pallet of materials would also include timber, steel railings and obscure glass used for balconies and screening across the building for articulation and to add interest to the otherwise lengthy and repetitive elevations. Due to the site falling with a setting of a Grade II Listed Building, the decision notice would include a condition for materials samples for the proposed materials to ensure the quality of the proposal.

10.52 The use of durable and high-quality materials such as brick, timber screens, painted steel railings and aluminium windows will require minimal maintenance and have a long-life expectancy. Communal landscaping will be maintained via a service charge to the flats, private gardens and terraces will be privately maintained. Refuse and recycling bins are located close to the site entrance allowing easy access from the street.

iv) Appearance

10.53 The proposal is designed with a three storey street presentation that is subdivided with window insets to produce a horizontal expression. The use of window insets and horizontal detailing produces a modern design which provides fenestration and architectural detail and that is a complementary reference to the listed Tramway building.

10.54 The coordination of the proposed layout, bulk and massing and materiality of the proposal is considered to produce an appropriate visual expression of the building.

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v) Landscaping

10.55 The proposed siting of the proposal provides significant setbacks that are in keeping with the prevailing development pattern for the surrounding context. The use of appropriate paving and considered layout design for cycle and waste services allows for areas of significant planting. The front setback allows for substantial and mature planting to be achieved on site, which will contribute to high quality green space being visible from the public domain.

vi) Heritage Impact

10.56 The application site falls within the setting of the Grade II listed former Tramway offices building at 84-91 Omnibus Way.

10.57 The NPPF defines the setting of a heritage asset as being the surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral.

10.58 Chapter 16 of the NPPF (Conserving and enhancing the historic environment) requires under paragraph 194 that local authorities shall consider the impact of any harm to, or loss of, the significance of a designated heritage asset from development within its setting, and any such proposal should require clear and convincing justification. Paragraph 196 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, where appropriate, securing its optimum viable use.

10.59 In accordance with the council’s statutory duties under sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 it is necessary to have special regard to the desirability of preserving the setting of a listed building and to preserving or enhancing the character or appearance of a conservation area.

10.60 Policy 7.8 of the London Plan requires that development affecting heritage assets and their settings should conserve their significance, by being sympathetic to their form, scale, materials and architectural detail.

10.61 Development Management Polices (2013) Policy DM29 states that: ‘The Council will expect a high standard of urban and architectural design for all new development.

10.62 As addressed previously in 10 (b) above, Officers consider the proposal to respect the scale and massing of the neighbouring buildings: the parapet of the third floor would match the height of that of the Tramway Offices, and the ridge of the setback fourth floor would match the height of Livingston Lodge.

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10.63 The Council’s Urban Conservation Officer agreed with the proposed design, adding that it would maintain a positive response to the site’s context. The proposed grid arrangement to the fenestration, along with the setback of the fourth floor would provide an interesting building on its right with sympathetic design to the adjacent listed building. The proposed building would be set at descending heights along its depth and modulated to express the internal divisions, which would create an articulated façade emphasising entrance doors and windows. The use of brick would visually unify the proposed building and connect with the Tramway Office.

10.64 The Council’s Urban Conservation Officer stated that the side elevations were less of a concern, owing to their discreet location which would not significantly impact on the setting of the listed building. However, suggested a reduction to the number of materials used on this elevation, the amended drawings conformed with the suggestion and the decision notice would contain a condition for materials samples.

10.65 It is accepted that the proposal would result in less than substantial harm to the setting of the heritage asset and this must therefore be balanced against the public benefits of the development but still having special regard to the desirability of preserving or enhancing the setting of the heritage asset. It is considered that the scheme would play a significant part in the contribution of small-scale housing sites to contribute to the boroughs housing figures.

10.66 The proposed scheme would deliver much needed new homes, in a built form that represents a high quality architectural approach, as well as commercial space and community floorspace in a highly sustainable location, and would be supported by other financial and non-financial planning obligations. It is therefore considered that these public benefits would outweigh the less than substantial harm to the setting of former tramway building, would preserve the setting of the building with the NPPF, London Plan, Local Policies, and Section 66 of the Listed Buildings and Conservation Areas Act 1990.In summary the proposed development, given the design, layout, height, scale, bulk and materials, would be acceptable within the existing streetscape, heritage setting and the wider locality in accordance with NPPF, National Design Code, Policies 7.4,7.6 and 7.8 of the London Plan (2016), Policies CS15 of the Waltham Forest Local Plan Core Strategy (2012) and Policy DM28 ,DM29, and DM30 of the Waltham Forest Development Management Polices (2013).

C. Neighbour Amenity

10.67 Policy DM32 of the Development Management Policies (2013) states that the when considering the impact of a new development on neighbouring amenity, the Council will have regard to (among other aspects) access to daylight and sunlight. LBWF will only find

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development acceptable where it would not cause an unacceptable loss of amenity to adjoining or future occupiers of the development.

10.68 The following issues are considered in relation to the principle of the development:

i) Overlooking and Impact on Privacy

ii) Outlook and Overbearing Impact

iii) Impact on Sunlight and Daylight

i) Overlooking and Impact on Privacy

10.69 The first floor of the proposal would contain 2 apartments only (units 6 and 7) and are oriented to face the centre of the site. The eastern windows are staggered to avoid direct overlooking between the site and neighbouring properties.

10.70 The protection of privacy for the neighbouring property is further ensured through the requirement for privacy screening (by way of glazing or structural feature) to the eastern windows for unit 6 and 7. As the units have primary central windows and skylights, the internal amenity for future occupants is considered to be maintained.

10.71 Further to the above, the decision notice would include a condition to ensure that the balconies at first to fourth floors would have appropriate privacy screens to reduce undue inter-overlooking and impact on the privacy of existing and future occupiers.

ii) Outlook and Overbearing Impact

Livingston Lodge:

Ground Floor

10.72 The adjacent building at Livingston lodged is arranged in the form of three flats across each level. The levels are arranged with two of the dwellings having cross through and dual aspect orientations, and one with a single southwestern elevation.

10.73 The western elevation of the building has six windows at each level divided across the three flats. The windows are accessed from living rooms, a kitchen and a bedroom.

10.74 Officers note that this neighbouring property has a separation distance of 2-3m from the shared boundary with the subject site, and the sense of outlook from this elevation is limited by the existing boundary wall and landscaping.

10.75 The subject site is proposed to site the building approximately 2.5m from the boundary. When measured in context of Livingstone Lodge, the proposal would create an equivalent side setback. The total separation distance between the buildings would range between 4.5m and 5.5m

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10.76 The use of an equidistant setback distance is considered to be both an appropriate design response within the streetscape, and beneficial in addressing the sense of overbearing impact to neighbouring property.

10.77 Livingston Lodge diverges at an angle away from the front of the proposed building, where its biggest bulk would sit. This slight diversion, combined with the proposed descending height to a maximum 2 storey element for the majority of the building, would help with the overall reduction of the overbearing impact on these neighbouring properties.

First Floor/Second Storey

10.78 The first floor of Livingston Lodge has a similar floor plate as ground floor, with 3 units, including cross through and dual aspect units. The height of the second level affords additional light and outlook to the bedrooms and living rooms.

10.79 The proposal increases the side setback at this level, and would have a total separation distance of 5m and 6m due to the splay of the adjacent building.

Third and Fourth Storeys

10.80 The design of the building significantly reduces the footprint of the proposal at the third and fourth storey. The location of the single units would have a front setback in line with the adjacent building, and a rear setback that would only reach the living room windows of the front flats.

10.81 It is noted that due to the internal arrangements including the dual aspect (west/south) aspect of the front dwellings, the flats at Livingston Lodge would have multiple opportunities for openness and outlook. As such the bulk and scale of the building at this point will not lead to unreasonable sense of enclosure.

Tramway Offices, Nos 84-91 Omnibus Way:

10.82 The planning record for the flat conversion at Tramway Offices show that the room on its east elevation comprises bathrooms and bedrooms and a similar assessment would be considered.

10.83 At ground level, the proposal includes staggered setbacks ranging from 5.5m to 7.2m from the nearest windows of 84-91 Omnibus Way. At the first floor, the building has a further increased side setback to distances ranging from 7m to 9m.

10.84 Further to the above, the proposal would remove the existing single- and two-storey office building and the two-storey workshop, all are located hard up against the boundary. The proposal would provide a separation distance with the boundary and would have a better relationship with these buildings; particularly as the bulk of the upper floors would step in from the sides.

(Item 4.2)

10.85 It is considered the overall siting, setbacks and scale of the proposal would protect the amenities of the neighbouring property with adequate outlook and openness.

Properties Nos 1-7 Aveling Park Road:

10.86 These properties sit to the end of the site, would not be impacted by the proposal as they would be adjoining the communal amenity area. Additionally, their gardens are currently affected by the hoarding and the existing two-storey garage building at the end of the site.

10.87 Property No. 1 would have the rear end of the proposed ground floor adjoining its south boundary; however, the height of 3 metres and angled separation distance of 8 metres to its farthest rear window would relieve any overbearing concerns.

10.88 The removal of the existing buildings and hoarding from the site opens up the existing flank walls to the neighbouring buildings and gardens. The proposed building in contrast has been carefully positioned in the centre of the site and a new pedestrian access proposed to the western side opening up views to the flank wall of the listed building without compromising privacy.

iii) Impact on Sunlight and Daylight

10.89 The application included a Daylight and Sunlight Assessment (DSA) which carried out assessment to the impact of the development onto the amount of light to existing neighbouring dwellings. This assessment was carried out in relation to Vertical Sky Component and Annual Probable Sunlight Hours under the recommendations in BRE Report ‘Site layout planning for daylight and sunlight: a guide to good practice’,

10.90 The BRE guidelines states that a window should retain a vertical sky component (VSC) of at least 27%, or where it is lower, a ratio of after/before of 0.8 or more a main living room window should retain 25% or more of available annual probable sunlight hours (APSH), or where it is lower, a ratio of after/before of 0.8 or more. This should include 5% or more of available sunlight hours in the winter months. The targets in the guide are derived from a low density suburban housing model and therefore BRE acknowledges that the numerical guidelines should be interpreted flexibly in an urban context, a point reinforced in the Mayor’s Housing SPG.

10.91 In this context a VSC of more than 20% could be considered as reasonably good in an inner-city urban environment and the percentage reduction could be increased to between 30% and 40%, given the underdeveloped nature of the site relative to its context.

10.92 It is noted that the adjoining properties were both previously commercial buildings which have undergone conversion to residential. As such, due to the commercial standards for buildings, the adjoining

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properties have been built with 2.5m side setbacks from the boundaries, which impacts the opportunities for daylight and sunlight.

10.93 The site is a distinctly urban environment, and the current proposal has undertaken appropriate design measures to replicate the 2.5m-3m setbacks of the adjoining properties. The siting of the proposal would allow for both high quality streetscape design and maximise opportunities for daylight and sunlight to the side windows to an appropriate and reasonable degree.

Livingston Lodge:

10.94 The windows at 157 Chingford Road face within 90° of due south, and therefore have a reasonable expectation of sunlight. Loss of sunlight has been analysed for these windows. All the windows have been analysed; however, it is unlikely that they are all living rooms.

10.95 The DSA concluded that most of the windows on the western elevation overlooking the site would continue to receive at least 27% of VSC. Five of the ground floor windows would have VSC of less than 27% and a loss greater than 0.8 ratio.

10.96 Of these, two windows would retain a VSC of greater than 20%, the others only marginally falling below this, and all would experience a reduction of less than 50%. The impacts of such are further lessened as of the three ground floor flats, two are dual aspect cross through apartments. As such, the affected windows are not the sole source of light, with secondary windows ensuring the internal living areas of the flats would not experience any loss in daylight.

10.97 Overall the daylight impact is acceptable given the urban context and underdeveloped nature of the application site.

10.98 The assessment concluded that all of the windows would continue to receive at least the recommended amount of sunlight, both year-round and in the winter month within the BRE guidelines.

Tramway Offices, Nos 84-91 Omnibus Way:

10.99 The assessment for VSC on the adjoining windows for ratios after/before the development would be between at least 0.8 for all but four of the windows. These four windows are currently only lightly obstructed by the existing building and would face the largest part of the proposed building.

10.100 The windows facing the single-storey section of the proposal would receive more light because the development would be set further away from them than the current buildings on site.

10.101 Four ground floor windows would retain a VSC of greater than 20%, and all would experience a reduction of 60% or less

10.102 The affected four windows are towards the front of the site on ground floor, these windows are two serving bedrooms and two serving

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bathrooms and the worst impact being on those serving the bathrooms rather than habitable rooms. Officers do not consider the loss of VSC to two windows serving bedrooms would be sufficient to warrant a refusal, given the urban context and underdeveloped nature of the application site and the fact that the existing site has a single-storey structure blocking the light to these windows.

10.103 The windows in this building would not require sunlight analysis as they do not face within 90° of due south.

Properties Nos 1-3 Aveling Park Road:

10.104 The assessment for the adjoining windows for VSC ratios after/before the development concluded that any loss of daylight would be minimal and well within the BRE guidelines for all of the windows assessed.

10.105 The assessment of the APSH concluded that all of the windows would continue to receive at least the recommended amount of sunlight, both year-round and in the winter months. Loss of sunlight would therefore be within the BRE guidelines.

10.106 The proposal has been the subject of series of design amendment to ensure that the amenity of neighbouring properties is not unduly impacted upon, and that it would be in compliance with Policies DM32 of the Local Plan.

D. Quality of Residential Accommodation

10.107 The following issues are considered in relation to the quality of proposed residential accommodation

i) Internal Areas and Habitable Rooms

ii) Amenity Areas

iii) Secure by Design and Accessibility

i) Internal Areas and Habitable Rooms:

10.108 London Plan Policy 3.5 relating to Quality and Design of Housing Developments states that housing developments should be of the highest quality internally, externally and in relation to their context and to the wider environment.

10.109 The proposal would comprise a mix of a one-bedroom, two-bedroom and three-bedroom flats located across single and two storey arrangements. The Nationally Described Space Standards sets minimum areas for dwellings per size and the Mayor’s Housing SPG sets minimum areas for private amenity per number of occupants/dwelling.

10.110 The nationally described space standards do not require minimum provision for internal living areas. Policy DM 7 of the LBWF

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Development Management Policies does require this standard, and has been included in this assessment through the table below.

10.111 There are no concerns regarding the size of the proposed units as each of the proposed flats would exceed the minimum required standards, as illustrated in the table below:

Unit type

Gross Floor Area Bedroom Living Room

Floor to Ceiling Height

z Bed Pp Lvls Prop Std Prop Std Prop Std Height %

1 2b 3p 2f 80 70 13

9

11.5

7.5

42 25 2.5 >75%

2 1b 2p 2f 61 58 12 11.5 29 23 2.5 >75%

3 1b 2p 2f 61 58 12 11.5 29 23 2.5 >75%

4 2b 3p 2f 70 70 12

8

11.5

7.5

17 25 2.5 >75%

5 1b 2p 2f 58 58 12 11.5 30 23 2.5 >75%

6 3b 4p 1f 83 74 13

9

9

11.5

7.5

7.5

35 27 2.5 >75%

7 2b 3p 1f 61 61 12

8

11.5

7.5

25 25 2.5 >75%

8 2b 3p 1f 61 61 12

8

11.5

7.5

25 25 2.5 >75%

9 1b 2p 1f 50 50 12 11.5 22 23 2.5 >75%

10.112 Additionally, there would be no concerns regarding the size of the proposed quality of accommodation as each of the proposed habitable rooms would meet the required space standard as per Housing SPG and LBWF Development Management Plan policy DM7.

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10.113 The design provides each habitable room with adequate ventilation and outlook despite the proximity of the building to neighbouring property boundaries and gardens.

10.114 All of the proposed units would have at least dual aspect; all units would have adequate access to sunlight and daylight from full-length windows to the south and west elevations; maintaining obscure views to the east and north elevations to protect the amenity of neighbouring properties.

10.115 The revised daylight and sunlight report (P113304-1002 Issue: 2) details that all rooms would receive the recommended minimum ADF for living rooms or bedrooms respectively. All but one kitchen diner would also receive the recommended minimum for kitchens. This results in a good standard of daylight provision, particularly for the rooms on the lower ground floor.

10.116 Whilst five of the units would contain basement rooms, these would be contained for kitchen and dining areas only, with the primary living rooms and bedrooms being contained at ground level. Notwithstanding, the basement spaces would benefit from a lightwell west or south aspect to allow for an element of ambient natural daylight to these areas.

10.117 In summary, officers are satisfied that the proposal would be compliant with National Standards, the London Plan, the Adopted Local Plan and the guidance within the GLA Housing SPG.

ii) Amenity Areas:

10.118 Development Management Polices (2013) Policy DM29 states that: ‘The Council will expect a high standard of urban and architectural design for all new development. Proposals should… where relevant, provide an appropriate level of well-designed, located and usable amenity space in accordance with the standards set out in Policy DM6 B;’

10.119 Development Management Polices (2013) Policy DM7 states that flatted Development should provide a minimum of 10 sqm amenity space per bedroom and that each flat should provide an element of private amenity space.

Amenity

Flat Proposed Standard

1 35 6

2 17 5

3 17 5

4 25 6

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5 12 5

6 14 7

7 5.5 6

8 5.5 6

9 25 5

Communal 72

Total 232 160

10.120 Table 5 above demonstrates that all proposed units, except units 7 & 8, would exceed the respective size required for their private amenity spaces.

10.121 The proposal would have a total of 16 bedrooms across nine units, which would require a total amenity space of 160 sqm across the site in the form of private and communal amenity space.

10.122 The total of the proposed private amenity space would equate to 150 square metres, and the shared amenity spaces would equate to 72 square metres. The proposal would provide a total of 232 sqm of amenity space for the use of the residents, and as such would be acceptable.

10.123 In relation to units 7 & 8, the shortfall of 1.5 sqm and 0.5 sqm in their amenity space as per the Mayor’s Housing SPG would be overcome as the unit achieves minimum internal space standards, and access is readily provided to the communal amenity areas.

10.124 In summary the proposed development, given the internal and external spaces and layout of habitable rooms, would be acceptable in accordance with Policies 3.4, 3.5 and 3.7 of the London Plan (2016), DCLG, Technical Housing Standards, policy CS2 and CS16 of the Waltham Forest Local Plan Core Strategy (2012) and policy DM7 of the Development Management Polices (2013).

iii) Secure by Design and Accessibility:

10.125 The safety and security of visitors and residents to the Borough is of prime importance, as specified in Local Plan Policies CS16 and DM33.

10.126 At this stage limited details have been submitted to address how the development has been designed to comply with the requirements of Policy CS16, to ensure safety and security for site users, in terms of

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the design of the building and through the intended provision CCTV monitoring and site lighting. These technologies are to be reviewed in a secure by design report, which is recommended to be required by condition, including consultation with MET police to ensure the safety and security of access for all future occupants.

10.127 Policy 3.8 of the London Plan (2016) states that 10% of new housing must meets Building Regulation requirement M4 (3) ‘wheelchair user dwellings’, i.e. is designed to be wheelchair accessible, or easily adaptable for residents who are wheelchair users.

10.128 The proposed development aims to deliver an environment where everyone can access and benefit from the full range of opportunities available, removing barriers to undue effort, separate or special treatment.

10.129 A condition is recommended which would require the development to comply with the principles of secured by design and that the building would comply with the Approved Document M 2015, M4(3)to ensure that these units would be secure and accessible.

E. Highways and Transport Impact

10.130 The following issues are considered in relation to the principle of the development:

i) Parking

ii) Highway Works and Improvements

iii) Cycle Parking

iv) Refuse and Recycling Provision

i) Parking

10.131 The proposal does not propose any car parking spaces and would be classified as car-free development. The site falls within a CPZ area; future residents would not be able to apply for parking permits within any of the CPZ's in the area. Accordingly, the development, once occupied, would not result in added traffic movement and would not impact parking in the area.

ii) Highway Works and Improvements

10.132 The development would require off-site highway works upon its completion and prior to occupation. The decision notice is recommended to include an s106 agreement which would require an s278 agreement with highways.

10.133 This agreement would stipulate that the developer would fund these works if they reach a value over £10,000 for the following works:

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Removal of the existing crossover;

Provision of a dropped kerb for bin collection;

Renewal of the footway on the full frontage of the site; and

Renewal of the road markings.

10.134 Chingford Road is on a bus route and any construction activity must not affect bus services, traffic flows and pedestrian safety. This must be addressed within the construction logistics plans. It is recommended that a condition requiring Construction Logistics Plan (CLP), for consideration and approval prior to commencement, to demonstrate methods of deliveries within the site constraints and the sizes of vehicles expected should be attached if permission is granted. This CLP would ensure that construction activities would not affect traffic flows on Chingford Road.

iii) Cycle Parking

10.135 The proposal would divide the cycle storage into three separate stores with a total of 18 cycle spaces; two stores to the front of the site and one store to the rear. Considering the distribution of entrances to the proposed building, this provision would be in accordance with the LBWF Development Management Plan policy DM16; where it states that cycle stores should be accessible, sheltered and secure. The proposed provision would also comply with the requirements of DM16 where it states that developments should have one space/one-bedroom units and two spaces/two-bedrooms.

10.136 Considering the above, the proposal would have an adequate and acceptable provision for cycle parking. It is recommended that a condition is attached, if permission is granted, to ensure that this space would be laid out in accordance with submitted plans.

iv) Refuse and Recycling Provision

10.137 The proposed bin store would have appropriate distances for both the residents and collection contractors; it would sit to the front west corner of the site adjacent to the main entrance of the development. The development for nine flats would require 2 x 1100 bins for communal refuse and recycling bins, in addition to a communal food waste bin. The size of the proposed store would easily accommodate the number of bins required. The decision notice would include a condition to ensure that storage space would be laid out in accordance with the LWBF refuse and recycling requirements.

10.138 In summary, it is considered the proposed development would not lead to undue impacts on highways and traffic movement in the area, additionally it would accord with relevant policies for cycle and refuse provision. As such it is considered that the proposals would accord with Policy DM16 of the Development Management Policies (2013).

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F. Environment and Sustainable Design

10.139 The following issues are considered in relation to the principle of the development:

i) Contaminated Land

ii) Air Quality

iii) CO2 Reduction and Sustainability

iv) Water Efficiency

i) Contaminated Land

10.140 The Council’s Environmental Health – Contaminated Land Officer advised that the site has former contaminative land use since the submitted Basement Impact Assessment report, stated there are disused underground fuel tanks at the centre of the site. The advice stated that a search should be carried out with the London Fire and Emergency Planning Authority (LFEPA) requesting the history and current status of any underground storage tanks. The decision notice would include a condition for phased contaminated land condition for site history desk study, enabling works, site investigations, remediation strategy and reporting of unexpected contamination in addition to a final verification report before the occupation of the development. This would ensure that the site contamination would not have an impact on the health of adjoining or future occupiers.

ii) Air Quality

10.141 Policy DM24 of the Local Plan 2013 states that new developments should neither contribute to, nor suffer from unacceptable levels of air pollution, measured having regard to DEFRA’s Local Air Management Technical Guidance and London Council’s Air Quality and Planning Guidance or successor documents. On major applications, this should be demonstrated through an air quality assessment and, if necessary, proposed mitigation measures.

10.142 The Council’s environmental health officer reviewed the documentation accompanying the proposal, and commented that whilst, the application did not include an Air Quality Assessment, due to the scale and nature of development, an appropriate pre-commencement condition would ensure an appropriate report would be submitted and approved by the Council. Additionally, the recommendations made in the report would be able to be enforced by condition to ensure any impacts to the air quality of the site and neighbouring properties would be mitigated through all stages of the proposal including construction and occupation.

10.143 Subject to compliance with the recommended condition, the proposal is considered capable of protecting the amenity of adjoining and future occupiers of the development in accordance with Policies

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CS4 and CS13 of the adopted Waltham Forest Local Plan – Core Strategy (2012), Policies DM10 and DM24 of the adopted Waltham Forest Local Plan – Development Management Policies (2013), Policy 7.14 of the London Plan and the London Plan Supplementary Planning Document Sustainable Design and Construction (2014).

iii) CO2 Reduction and Sustainability

10.144 The London Plan sets out a CO2 reduction target of 40% against Building Regulations 2010 and 35% against Building Regulations 2013. The Waltham Forest Local Plan DM10 requires developers to submit a self-assessment including calculation of the energy demand and carbon dioxide emissions for both regulated and unregulated energy separately at each stage of the energy hierarchy. This requirement applies to all developments over a threshold of one residential unit and 100 sqm and would be applicable to this application.

10.145 The submitted design and access statement demonstrates that

The new flats will see the incorporation of high levels of insulation reducing heat loss along with dual aspect flats (to achieve achieve Code for Sustainable Homes Level Four) allowing easily naturally ventilated flats. Energy efficient gas boilers along with water saving appliances and SUDS compliant paving will all contribute to the sustainability of the development. Cycle parking will encourage residents to reduce car use to the site.

10.146 Whilst the technologies above are largely supported, a pre-commencement condition requiring the development to submit details of the measures adopted to achieve at least a 35% reduction in carbon emissions over the 2013 Building Regulations together with details of the renewable sources of energy to be incorporated within the development

10.147 Additionally, a S106 obligation is within the heads of terms to ensure that in the event that the Approved Carbon Emission’s Report shows a shortfall against the 35% carbon reduction target beyond the 2013, a contribution shall be paid calculated in accordance with the borough’s contribution formula.

iv) Water Efficiency

10.148 The London Plan and LBWF Development Management Plan policy DM34 states that proposal should implement water efficiency measures to achieve usage less than or equal to 105 litres/person/day for residential development and that they should incorporate water saving measures and equipment for any new development of greater than 100 sqm. The decision notice would include a pre-commencement condition requiring a detailed scheme for measures to reduce water use within the development and meet the target water use in

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accordance with the requirements of policy 5.15 of the London Plan (2015).

10.149 In summary, using appropriate conditions would ensure that the proposal would not adversely exceed the C02 reduction target and water efficiency measures. Accordingly, the proposal would be in accordance with the London Plan (2016), Policies DM10, DM24, and DM34 of the Development Management Policies (2013).

G. Planning obligations

10.150 Section 106 (s106) Agreements are a material consideration in the determination of a planning application. The purpose of such an Agreement is to make otherwise unacceptable development acceptable and they should only be sought where they meet all of the following tests: i) Necessary to make the development acceptable in planning terms, ii) Directly related to the development and iii) Fairly and reasonably related in scale and kind to the development.

10.151 In terms of the s106 Agreement, the required Heads of Terms, having regard to planning policy, the Waltham Forest Supplementary Planning Document “Obligations” (2017) and the Waltham Forest Supplementary Planning Document “Affordable Housing and Viability” (2018), for this development relate to:

Car-free development;

S278 for Highway works; and

Retention of architecture team

Commitment to local labour

Carbon Off Setting contribution

Legal fees

Monitoring fee

The details of these requirements are set out in the recommendation section of this report, paragraph 13.

11 CONCLUSION

11.1 The provision of nine residential dwellings within the Borough is encouraged by the Council’s Local Plan policies, national guidance in the NPPF and regional policies of the London Plan. The scheme would provide an appropriate residential environment, for its future occupiers.

11.2 The loss of existing use is considered appropriate in this location and circumstance is supported, with a residential led scheme being appropriate in the context of the site and surrounds. The proposal will contribute positively to achieving the housing targets of the borough with high quality accommodation, with appropriate design and protection of amenities for neighbouring properties.

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11.3 The proposed site layout and design of the new building has had sufficient regard to the scale and massing, pattern and form of development in the area, to setting of the Listed Building, and would result in an appropriate scale of built form on this site.

11.4 The proposed development would result in the creation of modern residential units ensuring good standard of accommodation for future occupiers. The development has been designed to ensure that the amenity of existing local residents would not be compromised.

11.5 In addition, the development would be acceptable on highways, environmental and sustainability grounds as well as in respect of the proposed planning obligations.

11.6 All material considerations have been taken into account, including responses to the consultation. The conditions recommended and obligations secured by Section106 would ensure that any impacts of the scheme are mitigated against and it is not considered that there is any material planning considerations in this case that would warrant a refusal of this application. Taking into account the consistency of the scheme with the Development Plan and weighing this against all other material planning considerations, the proposal is considered to be acceptable in planning policy terms.

12 ADDITIONAL CONSIDERATIONS

Public Sector Equality Duty

12.1 In making your decision you must have regard to the public sector equality duty (PSED) under s.149 of the Equalities Act. This means that the Council must have due regard to the need (in discharging its functions) to:

(Item 4.2)

A. Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act

B. Advance equality of opportunity between people who share a protected characteristic and those who do not. This may include removing or minimising disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; taking steps to meet the special needs of those with a protected characteristic; encouraging participation in public life (or other areas where they are underrepresented) of people with a protected characteristic(s).

C. Foster good relations between people who share a protected characteristic and those who do not including tackling prejudice and promoting understanding.

D. The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

12.2 The PSED must be considered as a relevant factor in making this decision but does not impose a duty to achieve the outcomes in s.149 is only one factor that needs to be considered, and may be balance against other relevant factors.

12.3 It is considered that the recommendation to grant permission in this case would not have a disproportionately adverse impact on a protected characteristic.

Human Rights

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

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

(Item 4.2)

13 RECOMMENDATION

13.1 The Planning Committee is requested to grant planning permission subject to conditions and completion of the Section 106 Agreement with the terms in Table 6 below:

13.2 Table 6: Section 106 Agreement Head of Terms:

CATEGORY TERMS

1. Highways

i) Car Free

Residents of the development will not be eligible for a parking permit for any surrounding CPZ.

ii) s278 enabling works

Highway works will be required upon completion of the works relating to the development prior to occupation. These will require either a S278 or a minor highway works agreement. Works will include but are not limited to:

Removal of the existing crossover

Provision of a dropped kerb for bin collection

Renewal of the footway on the full frontage of the site

Renewal of the road markings

2. Retention of the Architecture Team

To procure that the Design Team continue to be employed for the duration of the Construction Phase and until completion of the Development (unless otherwise agreed in writing with the Council) to ensure that any design issue solutions arising and application of external materials assure a high quality finish.

3. Employment and Training

Provision of a local labour agreement / employment plan for local unemployed people arising from the construction process, providing on-site training or to contribute to the costs of the construction training under the auspices of a recognised training provider, to be agreed by the Local Planning Authority.

4. Carbon Off-Setting Contribution

Prior to the occupation of the residential units there will be the submission to the Council for its written approval a report showing the “as built” performance of the Development in terms of compliance with the policy requiring 35% carbon emission reductions beyond the carbon emissions permitted by the 2013

(Item 4.2)

Building Regulations (“the Approved Carbon Emission’s Report”)

In the event that the Approved Carbon Emission’s Report shows a shortfall against the 35% carbon reduction target beyond the 2013, a contribution shall be paid calculated in accordance to the following formula:

CO2 emitted from the development (tonnes) per year minus c02 target emissions (tones) per year x £1800

5. LBWF Fees

Payment of the Council’s legal fees for the preparation and completion of the Legal Agreement.

6. Monitoring fee

Monitoring fee to cover the cost of monitoring and reporting on delivery of the section 106 agreement to ensure that all financial and non-financial obligations have been met.

(Item 4.2)

13.3 That authority to be given to the Assistant Director of Development Management and Building Control in consultation with the Council’s Legal Services for the sealing of the Section 106 Agreement and to agree any minor amendments to the conditions or the Legal Agreement on the terms set out above.

13.4 In the event that the Legal Agreement is not completed within 12 weeks of the date of the Planning Committee the Assistant Director of Development Management and Building Control is hereby authorised to refuse the application. The planning obligations are necessary to make the development acceptable in planning terms.

13.5 CONDITIONS

Time Limit

1. The development hereby permitted shall begin no later than

the expiration of three years from the date of this permission. Reason: to comply with the provisions of section 91(1)(a) of The Town and Country Planning Act 1990 (as amended).

Approved Plans and Documents

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

documents and thereafter maintained as such for the lifetime of the development:

Drawings Numbers:

Dwg Number Rv Date Title

PL110 E 04.10.2019 Proposed Basement Plan

PL111 G 04.10.2019 Proposed Ground Floor Plan

PL112 F 04.10.2019 Proposed First Floor Plan

PL113 F 04.10.2019 Proposed Second Floor Plan

PL114 E 04.10.2019 Proposed Third Floor Plan

PL115 F 04.10.2019 Proposed Roof Plan

PL120 E 04.10.2019 Proposed Section

PL130 E 04.10.2019 Proposed Elevations 1 &2 – Side East & West Elevations

PL131 C 04.10.2019 Proposed Elevation 3 - Front South Elevation

(Item 4.2)

PL132 C 04.10.2019 Proposed Elevation 4 - Rear North Elevation

PL133 D 26.07.2019 Proposed Landscaping Ground Floor Plan

PL134 A 15.08.2019 NTS Materiality - Brick Study

PL135 15.08.2019

PL136 15.08.2019

PL137 15.08.2019

Documents Titled:

and the following submitted documents

Document Date Reference Author

Design & Access Statement

Feb 2019 Mark Fairhurst Architects

Outline Construction Logistics Plan

October 2019

Surface Property

BRE Client Report, Report Issue 2

8 October 2019

P113304-1001

Assetrock Walthamstow Ltd

Noise Impact Assessment

October 2018

Surface Property

Travel Plan Statement

October 2018

Surface Property

Basement Impact Assessment

October 2018

29 The Rings

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

MATERIALS

3. Prior to the commencement of the development on site,

notwithstanding site investigation and clearance works, demolition and construction to slab level, detailed drawings,

information and / or samples of all materials to be used in the elevations of the building, shall be submitted to and approved

in writing by the local planning authority. The development

(Item 4.2)

shall thereafter be carried out solely in accordance with the approved details and thereafter retained as such. Reason: in order to preserve and enhance the character of the area in accordance with policies CS12 and CS15 of the Adopted Waltham Forest Local Plan – Core Strategy (2012) and policies DM28 and DM29 of the Adopted Waltham Forest Local Plan – Development Management Policies (2013).

CONTAMINATED LAND

4. No development shall take place until an assessment of the nature and extent of contamination has been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. Moreover, it must include:

(i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to:

human health,

property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

adjoining land,

groundwater and surface water,

ecological systems,

archaeological sites and ancient monuments; Reason: In the interests of future health of occupiers of the development and to protect pollution of groundwater in accordance with Policy CS13 of the adopted Waltham Forest Local Plan – Core Strategy (2012) and Policies DM24 and DM34 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

5. No development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Reason: In the interests of future health of occupiers of the development and to protect pollution of groundwater in accordance with Policy CS13 of the adopted Waltham Forest Local Plan – Core

(Item 4.2)

Strategy (2012) and Policies DM24 and DM34 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

6. The remediation scheme shall be implemented in accordance with the approved timetable of works. Within 3 months of the completion of measures identified in the approved remediation scheme, a validation report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved by the Local Planning Authority and in any event prior to the development first being occupied.

Reason: In the interests of future health of occupiers of the development and to protect pollution of groundwater in accordance with Policies CS4 and CS13 of the adopted Waltham Forest Local Plan - Core Strategy (2012) and Policies DM23, DM24 and DM34 of the adopted Waltham Forest Local Plan Development Management Policies (2013).

7. Prior to occupation of the development hereby approved, a contaminated land closure report shall be submitted to and approved by the local planning authority. The closure report shall include details of the proposed remediation works and the quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology which shall include photographic evidence. Details of any post-remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site.

Reason: In the interests of future health of occupiers of the development and to protect pollution of groundwater in accordance with Policies CS4 and CS13 of the adopted Waltham Forest Local Plan - Core Strategy (2012) and Policies DM23, DM24 and DM34 of the adopted Waltham Forest Local Plan Development Management Policies (2013).

BASEMENT AND DEMOLITION AND CONSTRUCTION MANAGEMENT PLANS

8. The development shall be carried out in accordance to the agreed Basement Impact Assessment (BIA) unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect amenities of the local environment, in terms of protecting structures of the adjoining neighbouring properties and highways, and to ensure the development provides satisfactory mean as of drainage on site and to reduce the risk of localised flooding, in accordance with Policies CS4 of the adopted Waltham Forest Local Plan – Core Strategy (2012) and adopted Policies DM24 and DM34 of the Waltham Forest Local Plan Development Management Policies (2013).

(Item 4.2)

9. No development shall take place whatsoever, until a Construction Method Statement including any demolition works, has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the demolition and construction period. The Statement shall provide for the:

i. parking of vehicles of site operatives and visitors

ii. loading and unloading of plant and materials

iii. storage of plant and materials used in constructing the development

iv. erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

v. wheel washing facilities

vi. measures to control emissions, dust and dirt during construction

vii. recycling/disposing of waste resulting from demolition and construction works

Reason: To ensure considerate construction and to protect the amenities of the nearby residents from excessive noise and dust and to comply with Policies CS7 and CS13 of the adopted Waltham Forest Core Strategy (2012) and Policies DM14, DM15, DM24 and DM32 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

CONSTRUCTION METHOD STATEMENT

10. No development shall take place whatsoever, until a Construction Method Statement including any demolition works, has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the demolition and construction period. The Statement shall provide for the:

i. parking of vehicles of site operatives and visitors

ii. loading and unloading of plant and materials

iii. storage of plant and materials used in constructing the development

iv. erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

v. wheel washing facilities

vi. measures to control emissions, dust and dirt during construction

vii. recycling/disposing of waste resulting from demolition and construction works

Reason: To ensure considerate construction and to protect the amenities of the nearby residents from excessive noise and dust and to

(Item 4.2)

comply with Policies CS7 and CS13 of the adopted Waltham Forest Core Strategy (2012) and Policies DM14, DM15, DM24 and DM32 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

CONSTRUCTION LOGISTIC PLAN

11. No development shall take place on site, including site preparation works, until a detailed Construction Logistics Plan has been submitted to and approved in writing by the local planning authority. The Construction and Logistics Plan and Delivery and Servicing Plan must be submitted using the TfL template and guidance found here: www.constructionlogistics.org.uk. The logistics plan shall include details of site access, journey planning, access routes, hours of deliveries, temporary traffic arrangements or restrictions, site operation times, loading and unloading locations and material storage. All works shall be carried out in accordance with the approved details and the Construction and Logistics Plan should be implemented throughout all demolition and construction works.

Reason: To ensure considerate construction and to protect the amenities of the nearby residents to ensure that disruption is kept to a minimum and does not affect highway traffic flows to comply with Policies CS7 and CS13 of the adopted Waltham Forest WFLP Core Strategy (2012) and Policies DM14 DM15, DM24 and DM32 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

AIR QUALITY AND DUST MANAGEMENT PLAN (AQDMP)

12. 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. In preparing the AQMDP the applicant should follow the guidance on mitigation measures for sites set out in Appendix 7 of the Control of Dust and Emissions during Construction and Demolition SPG 2014. Both ‘highly recommended’ and ‘desirable’ measures should be included. If the development is located in or near an air quality focus area the applicant should follow the guidance on mitigation measures for Medium Risk as a minimum. The submitted AQDMP must address each of the points raised in Informative 1.

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

(Item 4.2)

(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).

NOISE

13. Noise from all new plant for the lifetime of the development shall be controlled to a level not exceeding 10dB(A) below the typical underlying background noise level (LA90) during the time of plant operation at a position one metre external to the nearest noise sensitive premises. The underlying background LA90 shall be determined in the absence of the new plant noise. This assessment shall be completed in accordance with BS4142: ‘Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas’.

Reason: To protect the amenities of adjoining occupiers and the surrounding area in order to comply with Policy CS13 of the Waltham Forest Local Plan – Core Strategy (2012) and Policies DM24 and DM32 of the Waltham Forest Local Plan – Development Management Policies (2013).

14. Within the residential unit(s) hereby approved the following internal noise levels shall be achieved and not exceeded with the windows closed:

a) Living rooms - 35dB(A) Leq 16 hours 07:00hrs – 23:00hrs,

b) Bedrooms - 30dB(A) Leq 8 hours,

c) No individual noise event to exceed 45dB(A) max (measured with F time weighting) 23:00hrs – 07:00hrs.

d) External noise affecting gardens, balconies or amenity spaces shall not exceed 55dB LAeqt.

Reason: To protect the amenities of occupiers and the surrounding area, in order to comply with Policy CS13 of the adopted Waltham Forest Local Plan – Core Strategy (2012) and Policies DM24 and DM32 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

CARBON REDUCTION

15. Prior to the commencement of the development on site, excluding site investigation, clearance works, demolition and construction to slab level details of the specific measures to be adopted to achieve at least a 35% reduction in carbon emissions over the 2013 Building Regulations together with details of the renewable sources of energy to be incorporated within the development, shall be submitted to and approved in writing by the Local Planning Authority. The approved

(Item 4.2)

measures shall be incorporated into the development, and thereafter maintained in accordance with the approved details for the lifetime of the development. Any subsequent shortfall shall be compensated by payment to the Council's Carbon Offset Fund.

Reason: To ensure the development is sustainable and to comply with Policy CS4 of the adopted Waltham Forest Local Plan – Core Strategy (2012) and Policies DM10, DM11 and DM24 of the adopted Waltham Forest Local Plan – Development Management Policies (2013) and Policy 5.2 of the London Plan (consolidated with alterations since 2011).

ENERGY

16. Prior to the commencement of the development on site, notwithstanding site investigation and clearance works, demolition and construction to slab level, details of the specific measures to be incorporated into the development to ensure that all new build residential accommodation achieves for that phase a Code for Sustainable Homes rating of Level 4 energy aspects, or an equivalent rating by reference to an alternative rating system, shall be submitted to and approved in writing by the Local Planning Authority.

The selection of an alternative rating system (if proposed) shall be agreed in writing by the Local Planning Authority. Prior to the first occupation of any of the dwellings in that phase, a report from a suitably qualified Code Assessor (or equivalent) confirming that the development meets the said standard shall be submitted to and approved in writing by the Local Planning Authority, and thereafter the measures taken shall be maintained fully in accordance with the approved details.

Reason: In the interest of sustainability, energy efficiency and to provide a high quality development in accordance with Policy CS4 of the Waltham Forest Local Plan Core Strategy (2012) and Policy DM10 of the Waltham Forest Local Plan Development Management Policies (2013).

SUSTAINABLE URBAN DRAINAGE

17. Prior to the commencement of development, full specifications of a surface water drainage system based on sustainable drainage principles shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details prior to first occupation of any part of the development and retained as such for the lifetime of the development.

(Item 4.2)

REASON: In the opinion of the Local Planning Authority, the nature and density of the layout requires strict control over the form of any additional development that may be proposed in the interests of maintaining a satisfactory residential environment, in accordance with Policy CS2 and CS15 of the Waltham Forest Local Plan Core Strategy (2012) and Policy DM29 of the Waltham Forest Local Plan Development Management Policies (2013).

WATER EFFICIENCY

18. Prior to the occupation of the development, a scheme detailing measures to reduce water use within the development, to meet a target water use of 105 litres or less per person, per day, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved scheme and thereafter retained.

Reason: To ensure the development is sustainable and to comply with Policy CS4 of the adopted Waltham Forest Local Plan – Core Strategy (2012) and Policies DM10 and DM34 of the adopted Waltham Forest Local Plan – Development Management Policies (2013) and Policy 5.15 of the London Plan (consolidated with alterations since 2011).

LIGHTING SCHEME

19. Prior to the commencement of the development, notwithstanding site investigation and clearance works, demolition and groundworks to slab level, a lighting scheme shall be submitted to and approved in writing by the Local Planning Authority, which shall incorporate measures to ensure that light from the luminaires would not exceed 10 EV(lux) when measured at any residential or light sensitive window overlooking the development, all luminaries shall be oriented and designed in such a way to minimise light spillage beyond the site boundary and prevent glare to the windows of residential or light sensitive properties identified. The lighting scheme shall be implemented in accordance with the agreed details and thereafter maintained as such for the lifetime of the development.

Reason: To protect the amenities of adjoining occupiers and the surrounding area, in order to comply with Policies CS13 and CS15 of the adopted Waltham Forest Local Plan – Core Strategy (2012) and Policies DM24 and DM32 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

SECURE BY DESIGN

20. Prior to occupation, the development shall achieve a Certificate of Compliance to the relevant Secure by Design Guide(s) or alternatively achieve Crime Prevention Standards submitted to and approved in

(Item 4.2)

writing by the Local Planning Authority in conjunction with the Metropolitan Police. The development shall be carried out in accordance with the approved details and thereafter shall be fully retained and maintained as such for the lifetime of the development.

Reason: To ensure the development is sustainable and to comply with Policy CS15 and CS16 of the adopted Waltham Forest Local Plan - Core Strategy (2012) and Policies DM29 and DM33 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

21. Prior to commencement of development, notwithstanding site investigation and clearance works, demolition and construction to slab level, details relating to the entrances, including gates, entry control system, display of postal numbers and position of letter box facilities shall be submitted to and agreed in writing by the Local Planning Authority. The agreed measures shall be fully implemented prior to first occupation of the development and thereafter maintained for the lifetime of the development.

Reason: In the interest of security and sustainable development, in compliance with Policies CS15 and CS16 of the Waltham Forest Local Plan Core Strategy (2012) and Policies DM13, DM14, DM29 and DM33 of the Waltham Forest Local Plan Development Management Policies (2013).

LANDSCAPING

22. Prior to the occupation of the development, details of the hard and soft landscaping to be provided on site shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include details of the retained and proposed planting and trees and boundary treatment in and around the site, as detailed on the approved plan no. [PL133 Rev D, dated 26.07.19], along with the requirement to demonstrate that all hardstanding areas are permeable. The development shall be carried out solely in accordance with the approved details and all approved planting shall be carried out in the first planting season following the occupation of the development hereby permitted or the substantial completion of the development, whichever is the sooner.

Reason: To ensure a satisfactory appearance and in the interest of local amenity and biodiversity in accordance with Policies CS15 of the Waltham Forest Local Plan Core Strategy (2012), and Policies DM23, DM32, DM35 of the Waltham Forest Local Plan Development Management Policies (2013).

23. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out not later than the first planting and seeding seasons prior to the first occupation of any of the residential

(Item 4.2)

units, or the completion of the development, whichever is the sooner. Any new trees or shrubs which, within a period of 5 years from the completion of the development, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season, with others of a similar size and species, unless the Local Planning Authority agrees any variation in writing.

REASON: To ensure a satisfactory appearance and in the interest of local amenity and biodiversity in accordance with Policy CS15 of the Waltham Forest Local Plan Core Strategy (2012), and Policies DM23, DM32, DM35 of the Waltham Forest Local Plan Development Management Policies (2013).

24. The communal amenity space to the rear of 155 Chingford as illustrated on the approved drawing numbers listed in Condition 2,shall be laid out and implemented in accordance with the approved plan and shall solely be used for purposes incidental to the enjoyment of the occupiers of the residential units at (address) and shall not be used for any other purpose. The communal amenity space shall be retained for use by these occupiers as such for the lifetime of the development unless otherwise agreed in writing by the local planning authority.

25. Reason: To ensure the protection of general amenity, in accordance with the aims of Policy CS13 of the Waltham Forest Local Plan Core Strategy (2012) and Policies DM4 and DM32 of the Waltham Forest Local Plan Development Management Policies (2013)

CYCLE STORE

26. Prior to the commencement of the development, notwithstanding site investigation and clearance works and demolition, full details relating to the design of secure and lockable cycle stores shall be submitted to and approved by the Local Planning Authority. The development shall be carried out fully in accordance with the approved details prior to first occupation of the development and shall be thereafter maintained as such for the lifetime of the development.

Reason: Insufficient details have been provided as part of the planning application and in the interest of security and sustainable development, in compliance with Policies CS6, CS13, CS15 and CS16 of the adopted Waltham Forest Local Plan - Core Strategy 2012 and Policies DM13, DM14, DM23, DM24 and DM32 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

REFUSE

27. Prior to the commencement of development on site, full details of refuse storage facilities shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in

(Item 4.2)

accordance with the approved details which shall be provided prior to first occupation of the development hereby approved and shall thereafter be maintained as such for the lifetime of the development.

Reason: To ensure that adequate arrangements are made for the storage and collection of refuse and recycling and to comply with Policies CS6, CS13 and CS15 of the adopted Waltham Forest Local Plan – Core Strategy (2012) and Policies DM23, DM24 and DM32 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

NO USE OF ROOF AS BALCONY

28. The roof area of the development hereby approved shall not be used as a balcony, roof garden or sitting out area at any time.

Reason: To preserve the privacy and amenities of the adjacent property occupiers, in accordance with Policy CS13 of the adopted Waltham Forest Local Plan – Core Strategy (2012) and Policy DM32 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

WINDOW REVEALS

29. All window reveals on the external faces of the development hereby permitted shall be set in 115mm (minimum) from the external face of the building and thereafter retained as such.

Reason: In order to preserve and enhance the character of streetscape and setting of the adjacent Listed Building in accordance with Policies CS12 and CS15 of the adopted Waltham Forest Local Plan – Core Strategy (2012) and Policies DM28 and DM29 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

WINDOW - OBSCURE GLASS

30. Before the first occupation of the development hereby permitted the first floor flank windows to eastern elevation shall be fitted with appropriate obscured glazing or structural louvred privacy screens in keeping with approved materials, and shall be permanently retained as such.

31. Reason: To prevent overlooking and loss of privacy in the interests of the amenities of the adjoining property, in accordance with Policies CS13 and CS15 of the adopted Waltham Forest Local Plan – Core Strategy (2012) and Policies DM4, DM29 and DM32 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

(Item 4.2)

EXTERNAL FIXTURES

32. No vents, extracts, or plumbing or pipes, other than rainwater pipes, shall be fixed on the external face of the building, unless shown on the approved drawings. New rainwater goods shall be cast metal painted [INSERT – colour] and thereafter retained as such.

Reason: In order to [AMEND – preserve and enhance the character and setting of the Listed Building and/or in order to preserve and enhance the character and appearance of the Conservation Area] in accordance with Policies CS12 and CS15 of the adopted Waltham Forest Local Plan – Core Strategy (2012) and Policies DM28 and DM29 of the adopted Waltham Forest Local Plan – Development Management Policies (2013).

INFORMATIVES: 1. To assist applicants the Local Planning Authority has produced policies

and written guidance, all of which is available on the Council’s website and which offers a pre planning application advice service. The scheme was submitted in accordance with guidance following pre-application discussions and the decision was delivered in a timely manner.

2. With regards to condition 2, The acceptability of the proposal has been determined with reference to the submitted BRE assessment. Within the assessment, as secured by this condition as an approved document, the quality of internal amenity for the future occupants is dependant on the use areas of the basement being for kitchen and dining only. Modification to this use area for any other use may result in poor quality residential accommodation to the detriment to the health of occupants. As such it is recommended the use areas are retained as proposed in plan and supported in the BRE Assessment.

3. The approved development is liable to pay Mayoral Community Infrastructure Levy (CIL) and Waltham Forest CIL. A ‘CIL Form 1 (Assumption of Liability)’ must be completed prior to commencement, at which time a Liability Notice, stating the payable amount, will be issued by the Council. A ‘CIL Form 6 (Commencement Notice)’ must be submitted to the Council prior to commencement of development, at which time a Demand Notice, stating the payment method and deadline, will be issued.

You should note that any claims for relief, where they apply, must be submitted and determined prior to commencement of the development. Failure to submit the necessary forms and follow the CIL payment process may result in penalties. More information on Waltham Forest CIL, including copies of all CIL forms, is available at: - https://walthamforest.gov.uk/content/community-infrastructure-levy.

(Item 4.2)

The Planning Portal provides general advice about CIL. This is available at: - https://www.planningportal.co.uk/info/200126/applications/70/community_infrastructure_levy

4. The applicant must ensure there is a Construction Management Scheme whose purpose shall be to control and minimise emissions of pollutants from and attributable to the construction of the development. This should include a risk assessment and a method statement in accordance with the control of dust and emissions from construction and demolition Best Practice Guidance published by London Councils and the Greater London Authority. The scheme shall set out the secure measures, which can, and will, be put in place. The submitted method statement shall include details of:

Site hoarding

Wheel washing

Dust suppression methods and kit to be used

Bonfire policy

Confirmation that all Non Road Mobile Machinery (NRMM) comply with the Non

Road Mobile Machinery (Emissions of Gaseous and Particulate Pollutants) Regulations 1999

Confirmation if a mobile crusher will be used on site and if so, a copy of the permit and indented dates of operation

Site plan identifying location of site entrance, exit, wheel washing, hard standing hoarding (distinguishing between solid hoarding and other barriers such as heras and monarflex sheeting), stock piles, dust suppression, location of water supplies and location of nearest neighbouring receptors.

Construction activities must not affect traffic flows on the highway. No materials can be stored on the highway and no construction related activities can take place on the highway. It is an offence to place scaffolding, skip or hoarding on the highway without permission. Early contact with the Council’s Network Operations is advisable, as it may affect the construction programme.

5. This site is on the SRN, therefore construction deliveries must not stop in Chingford Road, as this will impact traffic flows and visibility to the mini-roundabout. Enabling works may be required to reinforce the existing crossover for construction deliveries to access the site. Chingford Road is on a bus route for a number of high frequency routes and any construction activity must not affect bus services, traffic flows and pedestrian safety.

THAMES WATER

(Item 4.2)

6. As you are redeveloping a site, there may be public sewers crossing or close to your development. If you discover a sewer, it's important that you minimize the risk of damage. We'll need to check that your development doesn't reduce capacity, limit repair or maintenance activities, or inhibit the services we provide in any other way. The applicant is advised to read our guide working near or diverting our pipes. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-near-or-diverting-our-pipes. Thames Water requests that the Applicant should incorporate within their proposal, protection to the property by installing a positive pumped device (or equivalent reflecting technological advances) to avoid the risk of backflow at a later date, on the assumption that the sewerage network may surcharge to ground level during storm conditions. Fitting only a non-return valve could result in flooding to the property should there be prolonged surcharge in the public sewer. If as part of the basement development there is a proposal to discharge ground water to the public network, this would require a Groundwater Risk Management Permit from Thames Water. 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 With regard to surface water drainage, Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water we would have no objection. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. Should you require further information please refer to our website. https://developers.thameswater.co.uk/Developing-a-large-site/Apply-and-pay-for-services/Wastewater-services

7. If you are planning on using mains water for construction purposes, it's important you let Thames Water know before you start using it, to avoid potential fines for improper usage. More information and how to apply can be found online at thameswater.co.uk/buildingwater. On the basis of information provided, Thames Water would advise that with regard to water network and water treatment infrastructure capacity, we would not have any objection to the above planning application. Thames Water recommends the following informative be attached to this planning permission. 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

(Item 4.2)

pipes. The developer should take account of this minimum pressure in the design of the proposed development.

SECURE BY DESIGN

8. In aiming to satisfy the condition the applicant should seek the advice of the Metropolitan Police Service Designing Out Crime Officers (DOCOs). The services of MPS DOCOs are available free of charge and can be contacted via docomailbox.ne@met.police.uk or 0208 217 3813. Whilst I accept that with the introduction of Approved Document Q of the Building Regulations from 1st October it is no longer appropriate for local authorities to attach planning conditions relating to technical door and window standards I would encourage the planning authority to note the experience gained by the UK police service over the past 26 years in this specific subject area. That experience has led to the provision of a physical security requirement considered to be more consistent than that set out within Approved Document Q of the Building Regulations (England); specifically the recognition of products that have been tested to the relevant security standards but crucially are also fully certificated by an independent third party, accredited by UKAS (Notified Body). This provides assurance that products have been produced under a controlled manufacturing environment in accordance with the specifiers aims and minimises misrepresentation of the products by unscrupulous manufacturers/suppliers and leads to the delivery, on site, of a more secure product.

Prior to the first occupation of each building or part of a building or use, a 'Secured by Design' accreditation shall be obtained for such building or part of such building or use. For a complete explanation of certified products please refer to the Secured by Design guidance documents which can be found on the website. www.securedbydesign.com .

14 BACKGROUND DOCUMENTS

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