PLANNING COMMITTEE

8th November 2012

Stephen.hissett@hounslow.gov.uk

References: P/2012/1743 00557/R/OA/P2

Site: Site to rear of Harlech Gardens Estate, Harlech Gardens, Hounslow (Heston West)

1.0 SUMMARY

1.1 The proposed development would consist of a three-storey building containing six maisonettes (3-bedroom) and four flats (two bedroom), alongside external landscaping works.

1.2 The scheme is considered to be suited to the existing site and surroundings with satisfactory accommodation and appropriate access and car parking on-site with no harm to adjoining land uses.

1.3 The application is recommended for approval subject to conditions and a section 106 agreement.

2.0 SITE DESCRIPTION

2.1 The site is located towards the rear of the Harlech Gardens housing estate, adjacent to the estate’s northern boundary. The site currently contains an existing ball games court, garages and part of the grass area of the internal courtyard for surrounding blocks of flats.

2.2 Harlech Gardens is a relatively low density estate comprising principally of four-

storey blocks of flats. There are also some two-storey houses and two five-storey blocks of flats. All flats have communal gardens and shared green spaces around the estate. The residential blocks have no boundary definition except controlled front entrance and rear doors to each stairwell.

2.3 Immediately to the north of the site is the Phoenix Distribution Park, a collection

of large warehouse and storage buildings with an industrial use. To the east and west are two four-storey blocks of flats and to the south a two-storey block of flats, all of which overlook the existing open space of this site.

2.4 The site is not designated within the adopted Unitary Development Plan.

3.0 RELEVANT HISTORY

3.1 This application forms part of a regeneration programme that spans six estates in the Heston Area. There is no relevant site history for this site.

4.0 DETAILS

4.1 The proposed accommodation would be of the following sizes:

Accommodation type Internal Gross Area (m2)

3-bedroom/5-person (Units 1-6)

108

2-bedroom/4-person (Units 7 & 10)

72

2-bedroom/4-person (Units 8 & 9)

70

4.2 All ten units would be of intermediate tenure type.

4.3 The housing would be contained within a single three-storey building orientated in an east-west direction and measuring 43.7m x 9.3m with a dual pitched roof 8.7m to the eaves and 11.7m to the ridge. The southern elevation would provide the principal elevation, with entrances to the six individual maisonettes and a communal entrance to the four flats on the second floor. The maisonettes would benefit from ground floor private gardens to the rear of the building, whilst the flats would have private balconies on the southern, eastern and western elevations – the two end flats having balconies extending around the flat (Conditions 2 and 3).

4.4 The building would be predominantly red brick with small white render panels to soften the appearance. Windows and doors would be of UPVC construction, with balconies consisting of timber slatted balustrades. The roof covering will be dark grey, with photovoltaic panels on the southern roof slope.

4.5 A communal refuse and recycling store would be provided to the front of the building, with hard and soft landscaping around the development, including buffer planting to ground floor units. Twelve car parking spaces would be provided including two disabled spaces. The existing area of open space would be re-modelled to provide communal amenity space for residents of the estate as a whole, including a young child’s play space.

5.0 CONSULTATIONS

5.1 Neighbour notification – 62 neighbouring owners/occupiers and the Heston Residents Association were consulted on 27/06/2012. A site notice was displayed on the 11/07/2012 and a press notice on the 06/07/2012

5.2 Three responses have been received, raising the following planning-related concerns:

− Parking - There will be a reduction in car park spaces on the estate (7.48-7.49)

− Play space - There will be no place for children to play, in particular sports for older children (7.5)

− Loss of amenity space - Loss of green area will restrict area available for existing residents (7.29)

− Disruption during building works - Building works will affect local residents (7.41)

6.0 POLICY

Determining applications for full or outline planning permission

6.1 When determining applications for planning permission, the authority is required to have regard to (a) the development plan, so far as is material, (b) any local finance considerations, so far as is material, and (c) to any other material considerations. Local finance considerations means the Community Infrastructure Levy, or a grant or other financial assistance that has been, or will

or could be, provided to a relevant authority (such as the Council, the Mayor of London, the Homes and Communities Agency, etc.) by a Minister of the Crown.

6.2 In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

The Development Plan

6.3 The Development Plan for the Borough comprises the Council's Unitary Development Plan Employment Development Plan Document, Brentford Area Action Plan and the London Plan.

The emerging Core Strategy

6.4 On 12 July 2011, the Council's Cabinet approved that the Core Strategy "Preferred Strategy" should go out to consultation. As emerging policy, the Local Planning Authority (LPA) considers that the emerging Core Strategy is capable of being a material consideration. Given that the emerging Core Strategy is still in the consultation stages, the LPA considers that in general limited weight can be given to it at this stage and that where a specific core strategy policy is engaged by an application greater weight may be attached.

The National Planning Policy Framework

6.5 The National Planning Policy Framework (NPPF) came into force on 27 March 2012 and has replaced national policies and guidance formerly contained in Planning Policy Statements and Planning Policy Guidance notes and some other documents. The Local Planning Authority (LPA) considers that, where pertinent, the NPPF is a material consideration and as such, it will be taken into account in decision-making as appropriate.

7.0 PLANNING ISSUES

7.1 The main planning issues to consider are:

− Principle of a residential development;

− Design and appearance;

− Housing Standards & Amenity Space

− The proposal’s impact on neighbouring land uses;

− Environmental Considerations;

− Parking, Transport and Access;

− Sustainable principles; and

− The potential of the proposed development to secure planning obligations

The principle of the proposed residential development

7.2 The National Planning Policy Framework (NPPF) states that new applications should be considered in the context of the presumption in favour of sustainable development. It goes on to state (Paragraph 111) that planning policies and decisions should encourage the effective use of land by re-using land that has been previously developed (brownfield land), provided that it is not of high environmental value.

7.3 London Plan Policy 3.3 (Increasing London’s Housing Supply) recognises the need for more homes in London in order to promote opportunity and provide a real choice for all Londoners in ways that meet their needs at a price they can afford. Policy 3.4 (Optimising Housing Potential) states that taking into account local context and character, the design principles outlined in Chapter 7 of the Plan, and public transport capacity, development should optimise housing output for different types of location.

7.4 London Plan policy 7.2 (All inclusive design) states that The Mayor will require all new development in London to achieve the highest standards of accessible and inclusive design. Policy 7.4 (Local Character) states that development should have regard to the form, function and structure of an area, place or street and the scale, mass and orientation of surrounding buildings. All development should improve an area’s visual or physical connection with natural futures.

7.5 The residential scheme would utilise an existing brownfield site, with the existing ball court being re-located to elsewhere within the Heston Area (this is to be re-provided on the Brabazon Estate as part of the Regeneration Programme). The existing open space would be retained and re-landscaped to provide attractive and useable amenity space, including play space for children. The site is not designated within the adopted UDP and consequently the scheme would be appropriate to the surrounding area being wholly residential in nature and therefore it is considered the proposed development would be acceptable in principle notwithstanding the other planning issues that will be discussed in turn.

Design and Appearance

Generic policies

7.6 The NPPF states that design which is inappropriate in its context, or which fails to take the opportunities available for improving the character and quality of an area and the way it functions, should not be accepted. All policies in the London Plan promote sustainable development. Policy 7.1 sets out a series of criteria that should be considered by boroughs when assessing planning applications. In particular it states that development should be designed so that the layout, tenure and mix of uses interface with surrounding land community infrastructure, the Blue Ribbon Network, local shops, employment opportunities, commercial services and public transport. Policy 7.4 builds on this and outlines criteria by which buildings, streets and open spaces should provide high quality design. Policy 7.6 requires architecture to be of the highest architectural quality, contribute to a coherent public realm, streetscape and wider cityscape, meet the principles of inclusive design and optimise the potential of sites.

7.7 UDP Policy ENV-B.1.1 (New Development) requires new development to make a positive contribution to overall environmental quality. In relation to the context, form and layout of the buildings and spaces, new development should relate well to its site and the scale, nature, height, massing and character of the adjacent townscape and respect the proportions of neighbouring buildings where there are strong uniform design characteristics. Section 1.0 of the UDP Supplementary Planning Guidance states that the design and layout of proposed developments must enable them to be compatible with, and make a positive contribution to, the character of the locality. New buildings must relate satisfactorily to adjoining and neighbouring buildings and spaces. The scale, massing, siting, size and height of these buildings should be respected by new development, although this need not exclude original, innovative design.

Height, Mass, Scale and Position

7.8 The proposed development is located within an existing residential area, which has a mix of housing types (terrace, semi-detached and blocks of flats) with none higher than four stories. The majority of buildings are brick built with tiled, pitched tiled roofs.

7.9 The proposed accommodation would consist of a single, three-storey building orientated in an east-west direction. The building would overlook an area of open space that would be re-landscaped to provide attractive amenity space. The building would be brick-built with a pitched roof with rendered elements to pick up points of interest such as balcony reveals and entrances. The new building would be positioned towards the rear of the site, backing onto the Heston Phoenix Distribution Park to the rear.

7.10 It is considered that the size and scale of the proposed flats would be proportionate to other developments within the Harlech Gardens estate, and in particular the existing blocks of flats to the east and west of this site. The proposal has been sited to maximise the usability of the open space to the front of the site, helping to provide an attractive space for all residents. The height of this block would be lower than that of surrounding developments, ensuring it did not over-dominate the site or the surrounding area.

Design

7.11 The scheme has attempted to assimilate into the general appearance of the surrounding area, but includes elements required in new housing developments that may not be presently found at existing properties. However, in essence the new flats would be brick built with a pitched roof design. The fenestration pattern on the southern elevation seeks to achieve an attractive pattern without appearing overly disjointed and closely reflects the more regimented appearance of the adjoining flats. The addition of projecting balconies on this elevation is off set by the provision of in-set balconies on either end, helping provide a good balance to the appearance of this elevation. The rear elevation (facing towards the industrial estate) is much more robust, with smaller window openings and no balconies, reflecting its orientation overlooking an industrial estate.

7.12 It is considered that the design of these flats would not detract from the general appearance of the surrounding area. Whilst undoubtedly the development

would appear as a new, more modern building than those in the surrounding area, it is considered that the proposed materials and detailing would result in an attractive design that would be appropriate for this site.

Street Scene

7.13 As highlighted above, the predominant built-form of the surrounding area is brick-built properties of a residential scale, no higher than four-storeys, with areas of open space surrounding existing developments.

7.14 The proposed flats would be positioned towards the rear of the site, making them readily visible from the surrounding area, in particular when entering the wider estate from the south and arriving at this part of the estate. It is considered they would provide an attractive back-drop to the landscaped area to the front, without appearing overbearing or physically dominating, helping to mask the industrial estate to the north from this residential area. It is also felt the design is sympathetic to the appearance of the surrounding properties, in particular the existing blocks of flats to the south, east and west. Importantly entrances would be legible from the footpath and highway, clearly marking destination points when arriving at this site. Due to the positioning and size of this development, the proposed flats would help create a sense of enclosure to the amenity space to the fore of the building that is currently lacking, giving a presence to this space and acting as a visual full-stop to the estate at this point.

7.15 In light of the above it is considered the proposal would be acceptable in design terms, with the scale, height and massing of the development being appropriate to the site and surrounding context and the finished appearance and general modelling ensuring the development complemented the existing street scene and responded to the general character of the surrounding area.

Housing Standards & Amenity Space

Density

7.16 Residential density is a tool against which an initial appraisal is made. It is a useful guide to the nature of the development and can be used to ensure that new development reflects the character of an area, but is not a determinant in its own right. Policy 3.4 of the London Plan states that development should optimise housing output for different types of location within the relevant density range shown in Table 3.2 of the London Plan. Table 3.2 illustrates appropriate densities to be achieved in relation to housing. The site has a Public Transport Accessibility Level of 2 and can be described as being in a “Suburban” location. Table 3.2 sets the relevant density range for a development in this location as 150-250hr/ha. Based on the accommodation proposed, with 42 habitable rooms and a site area of 0.3137ha, the development would have a density of 278hr/ha.

7.17 Whilst the proposed density would be beyond the range established by the

London Plan, the merits of the scheme and the quality of the accommodation provided need first to be taken into consideration. These issues are assessed in the following paragraphs.

Size and mix

7.18 The NPPF and the London Plan encourage new residential developments to provide a choice of housing with a mix of family and non-family housing being needed to meet different community requirements. In addition to this need for housing mix, developments over 10 dwellings should include a proportion of affordable homes as established by Policy 3.13 of the London Plan.

7.19 The proposed mix and size of units has been described previously at paragraph

4.2. 7.20 London Plan Table 3.3 sets out minimum space standards for dwellings of

different sizes. This is based on the minimum gross internal floor area (GIA) required for new homes relative to the number of occupants whilst also taking account of commonly required furniture and the spaces needed for different activities and moving around, in line with the ‘Lifetime Home’ standards. All units proposed have been designed to exceed the minimum space standards listed in Table 3.3.

7.21 Given the scheme would comply with the requirements of the London Plan in

terms of individual unit sizes it is considered the proposal would be acceptable in terms of the accommodation provided. There would be no single-aspect, north-facing units within the development, which would help ensure the proposed accommodation would achieve satisfactory levels of daylight and sunlight.

7.22 The proposal would provide a mix of family-sized units, with larger, three-

bedroom units located on the ground floors with direct access to private garden spaces and independent entrances. The smaller, two-bedroom units would be located on the second floor with private balconies orientated in a southerly direction. Such a mix of housing is welcomed in this location, where there is a high degree of family accommodation and the provision of smaller units would be inappropriate for this location.

Accessibility

7.23 The London Plan strongly supports the principles of Lifetime Homes and views

them as fundamental to the delivery of the Government’s objectives of social inclusion, sustainability, equality and valuing diversity and identifies that the increased independent living they can bring will reduce pressure on hospital beds and residential care homes. Policy 3.8 of the London Plan further specifies that all units within the scheme be based on the ‘Lifetime Homes’ standards and that 10% of all units be wheelchair accessible or easily adaptable for residents who are wheelchair users. All units would be based on the ‘Lifetime Homes’ standards. Details of this would be secured by a relevant planning condition, with the Housing Development and Partnerships team working closely with the developer to ensure that these units are to the Council’s agreed wheelchair standards (Condition 12)

Amenity Space

7.24 The provision of good quality, private, useable amenity space and children’s

play areas is fundamental in all levels of the planning framework. Particular emphasis on the quality and quantity of the amenity space provided by

developments of this size is necessary to ensure adequate provision and accessibility for all residents. Section 10 of the SPG details requirements for amenity space for developments. Such space should be private and secure with safe and convenient access. For flatted developments, communal areas are generally considered to be acceptable, although areas immediately adjoining flats should have private gardens for sole use of these flats.

7.25 Private amenity space for each house (maisonette) should normally be

provided at no less than 75sqm for houses with five habitable rooms and over. Communal amenity space (for each flat) should normally be provided at no less than 25sqm for a flat with three habitable rooms or less.

7.26 The six maisonettes would benefit from private rear gardens to the rear of the

new building. These would range in size from 93sqm to 44sqm. The four flats on the second floor would have private balconies on the front (southern) elevation, these being between 11sqm and 13sqm. In addition to these private amenity spaces, a communal garden area of approximately 1300sqm would be provided to the front (south) of the building, providing play space and open space, as well as an attractive visual outlook and setting for the new building.

7.27 It is considered that the proposed amenity space for the new accommodation would be satisfactory for this site, with access to a large communal amenity area to the front of the site, as well as other amenity areas within the wider estate and local area. Whilst the communal amenity space would be shared with the existing housing within the estate, it is considered the re-landscaping of this space and its proximity to the proposed accommodation would overcome any shortfalls in the private amenity space provision from the SPG recommendations. Furthermore, the aspect and orientation of this space, as well as private balcony spaces would make it attractive and usable for residents. Details of the landscaping treatment, including play space strategy would be secured by an appropriate planning condition (Conditions 7, 8 and 9)

Affordable housing and mix

7.28 Government policy as defined in PPS3 and the London Plan require that all housing developments in the Borough capable of providing ten or more dwellings should make a provision of on-site affordable housing. The current demand for affordable housing units is spread over a variety of types.

7.29 Policy 3.12 of the London Plan also states that, in negotiating affordable housing in private schemes, boroughs should seek the maximum reasonable amount of affordable housing having regard to their affordable housing targets, the need to encourage rather than restrain residential development and the individual circumstances of the site. Targets should be applied flexibly, taking account of individual site costs, the availability of public subsidy, the implications of phased development including provision for re-appraisal and other scheme requirements. London Plan policy 3.11 requires 60% of the affordable housing provision to be social rent and 40% for intermediate rent or sale.

7.30 Larger family housing is a particular priority for Hounslow, and this is supported by the London Plan target of 42% of new affordable homes to rent to have 3 bedrooms or more.

7.31 This application proposes the provision of ten new homes for low cost home ownership and therefore contributes towards the Council’s Pledge 3 target of 2500 new affordable homes. In particular, 6 x 3 bedroom family properties would be provided, giving local families who would not otherwise be able to purchase a property the opportunity to own their own home. The Council would be the freeholder of the building and the management would be carried out by Hounslow Homes, as is the case on the rest of the estate. Marketing of the new units (when available) would be targeted at local residents first, in order to maximise opportunities for local households to benefit from the new homes.

7.32 This phase of the redevelopment programme will deliver four two-bedroom flats and six three-bedroom maisonettes, meaning that 60% of the homes will have three or more bedrooms. This exceeds the London Plan target of 42%, but this should be viewed in the context of the contribution it makes to the mix of housing to be provided by the overall scheme. This phase of the redevelopment programme proposes 100% intermediate housing. Although this is not in line with the London Plan target that 40% of affordable homes should be for intermediate housing and 60% for rent, again this should be viewed in the context of the overall mix of the scheme which delivers social rented housing in other phases.

7.33 It is therefore considered that the proposed accommodation would be of an acceptable standard to provide quality internal and external accommodation for new residents, with a good outlook and orientation. The housing mix would be appropriate for this site, providing a good provision of family accommodation and making a valuable contribution towards affordable housing provision within the Borough.

Impact on neighbouring land uses

Overlooking

7.34 Appendix 1 of the UDP states that a distance of at least 21m is recommended between the windows of habitable rooms which directly face those of another habitable room to avoid overlooking. The proposal has been designed to ensure this standard has been met and that no habitable room windows would be within 21m of habitable rooms of neighbouring properties.

Daylight, Sunlight & Overshadowing

7.35 Given the positioning of the proposed flats, towards the northern boundary of the site, the proposed development would not result in a loss of daylight or sunlight or an overshadowing of neighbouring properties.

Outlook

7.36 The detailed design of the proposal has previously been discussed within paragraphs 7.8-7.15.

7.37 It is considered that the proposal has been positioned to minimise the impact on neighbouring residents, with a sympathetic external appearance that would not detract from the surrounding area. Furthermore, the re-landscaping and provision of attractive amenity space to the front of this building will help to

soften its appearance and also provide a more pleasant outlook from the existing flats around this site.

Noise and disturbance

7.38 Whilst the proposal would result in an increased number of residents on this estate, it is considered that the addition of these ten units would not result in an unacceptable increase in noise or disturbance that would have a detrimental impact on neighbouring residents’ living conditions.

7.39 Disruption during construction works is an inevitable consequence of development and the effects will be minimised by appropriate planning conditions (Conditions 4 and 5))

7.40 It is therefore considered that as a result of the design, appearance and siting of the proposed development, the proposal would not have a detrimental impact on neighbouring residents’ living conditions.

Environmental Considerations

Air Quality

7.41 The whole Borough was declared an Air Quality Management Area (AQMA) in March 2006. However, whilst the designation of the AQMA is indicative of a certain level of air quality, this in itself does not prevent development.

7.42 It is not considered that the proposed development would significantly exacerbate existing conditions with regards to air quality and that the location of the site would not be inappropriate for residential development due to existing air quality issues. It is not considered this matter would require further mitigation or would represent a reason for refusing this application. A condition will also be applied regarding construction works, in particular regarding the spread of dust and other airborne contaminates during construction work.

Noise

7.43 It is considered that appropriate planning conditions regarding sound insulation to comply with Building Regulations would be sufficient in this instance to ensure resident’s living conditions were satisfactory and prevent external noise attenuation. A condition will also be applied regarding construction works, in particular regarding hours of operation.

Water/Flooding

7.44 The site is not within a flood zone. It is therefore not necessary to carry out a flood risk assessment for this proposal. The proposal would include the provision of a significant area of soft landscaping which would help minimise surface water runoff and allow for sustainable drainage techniques to be employed.

Contaminated land 7.45 Owing to the history of uses on the site, there is potential for some

contamination of the land. The NPPF advises that for instances where there is

suspicion that the site might be contaminated, or where evidence suggests that there may be some contamination, planning permission may be granted subject to condition that development will not be permitted to start until a site investigation and assessment have been carried out and that the development itself will incorporate any remedial measures shown to be necessary. Therefore a condition requiring the findings of the site investigation in regards to monitoring and any necessary remedial work to be carried out should be included in any approval (Condition 13).

Transport and Access

7.46 The Council’s parking standards are considered to be the maximum desirable provision, with UDP policies seeking to reduce reliance on the private car and promote use of sustainable modes. Parking standards are contained within Appendix 3 of the UDP. There are no minimum standards except in relation to disabled parking.

7.47 The site has a Public Transport Accessibility Level described as ‘Poor’ and consequently it would be expected that the proposal would provide close to the maximum standards contained within the UDP.

7.48 The proposal would include the provision of twelve parking spaces, including two disabled spaces. The Council’s maximum standards for this type and quantum of accommodation would be ten spaces.

7.49 The proposal would therefore exceed the Council’s maximum car parking standards for a development of this size by two spaces. Given the site’s location, with poor accessibility to public transport, and therefore a need for on-site car parking, it is not considered this over-provision would be unacceptable in this instance. It should also be noted that the Council’s standards are maxima and as such the Council should be promoting use of transport modes other than by private car (Conditions 10 and 11)

7.50 Each maisonette would have its own rear garden with sufficient space for cycle storage. In addition a communal cycle store would be provided for the four flats at second floor level within the communal entrance. It is therefore considered that the proposed cycle storage arrangements would be satisfactory.

7.51 Refuse and recycling storage would be provided to the front of the new building in a dedicated storage area. This forms an integrated design with the overall appearance of the development, and whilst positioned to the front of the new building, would not detract from its appearance. The storage would also be readily accessible for collection vehicles with sufficient turning space.

7.52 In light of the above it is considered that the proposal would ensure satisfactory parking would be provided on-site for residents and visitors and the proposed layout and servicing arrangements would not have a prejudicial impact on the free-flow of traffic on the local road network or highway safety in general.

Sustainability

7.53 Sustainability underpins many policies of the UDP and the London Plan. These require developments to be sustainable in transport terms, to minimise waste,

include energy efficiency measures and promote the use of renewable energy, and not significantly increase the requirement for water supply or surface water drainage.

7.54 The new London Plan policy 5.2 requires development proposals to make the fullest practicable contribution to minimising carbon dioxide emissions in accordance with the following energy hierarchy:

− Be Lean: use less energy

− Be Clean: supply energy efficiently

− Be Green: use renewable energy

7.55 The Mayor aims to ensure that major developments reduce carbon dioxide emissions from buildings, by reaching higher then the Target Emission Rate (TER) outlined in the national Buildings Regulations, leading to zero carbon residential buildings from 2016. The mayor has stipulated that between 2010 and 2013 residential buildings should provide a 25% improvement on 2010 Building Regulations’ which rise to 40% by 2013-2016.

7.56 The applicants have submitted a Renewable Energy Strategy that states that a number of energy efficient measures have been included in the design to reduce the production of CO2. It is proposed that a 25% reduction in accordance with the London Plan policy 5.2 can be achieved alongside a renewable energy strategy that will offset the equivalent of 20% of the development’s total on-site CO2 emissions.

7.57 In addition, the applicants have indicated that the proposed development would meet Code for Sustainable Homes (CSH) Level 4 which outlines the environmental rating and performance of new homes.

7.58 The re-development of the site is consistent with these aims, as the site has been previously developed. The submitted energy statement demonstrates that the proposal would be in accordance with the London Plan requirements regarding reduction in CO2 emissions and provision of renewable energy generation. This statement goes on further to suggest the development would achieve CSH ‘Level 4’.

7.59 It is considered an appropriate planning condition requiring a detailed CSH Pre-Assessment confirming how the applicant intends to achieve Code ‘Level 4’ and details of the photovoltaics proposed be included in any planning consent (Conditions 14, 16, 17, 18)

7.60 No details as to how the proposal would incorporate Sustainable Urban Drainage Systems (SUDS) into the design of the development have been provided or how water use would be minimised and surface water runoff reduced towards ‘greenfield’ levels. Whilst it is noted that large areas of the site would remain as soft landscaping and therefore help to minimise surface water runoff, it is considered this detail can be secured by an appropriate planning condition to ensure compliance with the London Plan (Condition 15)

Planning Obligations

7.61 UDP policy IMP6.1 states that the Council will seek to ensure that a developer enters into a planning obligation to secure planning benefits related to the proposed development. A payment or other benefit offered pursuant to a section 106 agreement is not material to a decision to grant planning permission and cannot be required unless it complies with the provisions of the Community Infrastructure Levy Regulations 2010 (regulation 122), which provide that the planning obligation must be:

(a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.

7.62 Government Circular 05/2005 provides guidance on the use of planning

obligations, which may impose a restriction or requirement, or provide for payment of money from the developer to make acceptable development proposals that might otherwise be unacceptable in planning terms. The Council’s Supplementary Planning Document on Planning Obligations (which was adopted in March 2008) contains guidance on the imposition of planning obligations in compliance with Circular 05/2005. These obligations may offset shortfalls in the scheme or mitigate the impacts of the development.

7.63 Although other schemes within the Heston Estates regeneration project have

not been subject to S106 contributions, as this scheme will be intermediate accommodation, and not necessarily to existing residents of the London Borough of Hounslow, it is considered that the additional accommodation proposed here could but strain on the education and heath services within the local area

7.64 Consequently it is considered that, should an acceptable scheme be agreed, contributions would be sought in relation to education and health to mitigate the impacts of the new units for intermediate housing. Given that this application is part of the broader estate regeneration programme, the funding is linked, through necessity, to a certain level of borrowing. This site has been packaged as an entirely intermediate scheme as it will bring the best value to the programme, whilst still allowing for the provision of rented housing elsewhere on the estates. The units could have been redistributed differently to avoid the thresholds for S106 requirements however, this would not have produced the best quality affordable homes or achieved the best financial result for the overall project.

7.65 It is therefore acknowledged that the s106 provision package for this application will directly affect the level of borrowing that the Council will be required to undertake and as such the viability of the scheme. However, the scheme will impact on the provision of education and health in the Borough and as such, contributions must be made.

7.66 The s106 amounts calculated against the Supplementary Planning Guidance amount to £43,342.11 for education and £11,701 for healthcare (Capital Contribution based on HUDU model), totalling £55,043.11.

7.67 In view of the arrangements in place to secure nomination rights for the Council

on these new units and with the overall agreement and benefits to be achieved

as part of the Regeneration Programme it is considered appropriate that both the education and health contributions would be necessary for this development. A contribution of £40,000 has been agreed to be split between education (£30,000) and healthcare (£10,000) provision in the Borough.

8.0 EQUAL DUTIES IMPLICATIONS

8.1 The Council has had due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section 149. Following a relevance test, this is available at:

http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/environment_eias.htm

8.2 It is considered that there will be no specific implications with regard to the Council’s duty in respect of its equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties.

Relevant Section of Relevance Test

7. Major development

9.0 COMMUNITY INFRASTRUCTURE LEVY

9.1 Some new developments granted planning permission on or after 1st April 2012 will be liable to pay Community Infrastructure Levy (CIL) to the Mayor of London with respect to the funding of Crossrail. This is at the rate of £35 per m2 of new floor space.

9.2 This proposal is liable to pay £37,317 Community Infrastructure Levy (GIA = 1,066.2sqm).

10.0 RECOMMENDATION

10.1 That planning permission be granted subject to the following conditions and securing the abovementioned planning obligation by prior completion of a satisfactory legal agreement or unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 and/or other legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Regeneration, Economic Development & Environment on the Borough Solicitor’s advice.

10.2 The satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 8th November 2013 or such extended period as may be agreed in writing by appropriate officers within the Department of Regeneration, Economic Development & Environment or Borough Solicitor’s Office.

10.3 If the legal agreement or unilateral undertaking is not completed by the date specified above (or any agreed extended period), then the Director Regeneration, Economic Development & Environment or Assistant Director – Community Safety Environment and Regulatory Services or the Head of Development Management is hereby authorised to refuse planning permission

for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010, development plan policies and the Planning Obligations SPD, as described in Section 8.0 above.

10.4 Following the grant of planning permission, where (a) requested to enter into a deed of variation or legal agreement in connection with the planning permission hereby approved and by the person(s) bound by the legal agreement authorised in paragraph 1 above, and (b) where the planning obligations are not materially affected, and (c) there is no monetary cost to the Council, the Director Regeneration, Economic Development & Environment or Assistant Director – Community Safety Environment and Regulatory Services or the Head of Development Management is hereby authorised (in consultation with the Chair and upon the advice of the Borough Solicitor) to enter into a legal agreement(s) (deed of variation) made under Sections 106 and/or 106A of the Town and Country Planning Act 1990 and or other appropriate legislation.

10.5 If planning permission is refused, the Director Regeneration, Economic Development & Environment or Assistant Director – Community Safety Environment and Regulatory Services or the Head of Development Management (in consultation with the Chair) is hereby authorised to approve any further application for planning permission or listed building consent validated within 12 months of the date of refusal of either application, provided that it (a) duplicates the earlier application, and (b) that there has not been any material change in circumstances in the relevant planning considerations, and (c) that a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the report is completed within any specified period of time.

GRANT

The proposed erection of a three-storey building to contain six maisonettes (three bedrooms) and four flats (two bedrooms) with external landscape works within the Harlech Gardens estate would result in the development of this brownfield site to provide an appropriate mix and size of housing accommodation that would be in keeping with the residential character of the area. The scheme presents a development of high design quality that would provide a good standard of living accommodation and amenity benefits without having an unduly detrimental impact on neighbouring and nearby resident’s living conditions. Furthermore, the proposal would not have a prejudicial impact on the free-flow of traffic on the local road network or highway safety in general. On balance the development is in accordance with the relevant policies of the adopted Unitary Development Plan, Supplementary Planning Guidance and the London Plan, including policies IMP.3.1, ENV-N.2.6, ENV-B.1.1, ENV-B.1.5, ENV-B.1.9, ENV-P.1.3-7, ENV-P.2.1, ENV-P.2.4, H.4.1, H.4.4-5 H.6.2, H.7.1, C.3.3, T.1.4, T.2.1, T.2.2 and T.4.3-5, T.5.2.

Conditions: 1 A1a Time Limit

2 B4 Materials to match details

3 B5 Detailed Applications 12313-01-00-D1, 12313-02-00-D1, 12313-02-08-D1, 12313-02-10-D1, 12313-02-11-D1, Transport Statement (2517/001/TS), Energy Assessment (Issue 2), Code for Sustainable Homes Pre-Assessment Report (Issue 1), Heston Estates Renewal: Landscape Design Guide, Design & Access Statement Received 18/06/2012 12313-02-01-D2, 12313-02-02-D2,12313-02-03-D3, 12313-02-04-D2, 12313-02-05-D4, 12313-02-06-D5, 12313-02-07-D3, 12313-02-09-D2 Received 28/08/2012

4 C29 Hours of demolition and construction

• 8:00am to 6:00pm Mondays to Fridays

• 9:00am to 1:00pm Saturdays

• No work on Sundays or Public Holidays

5 Construction Zone Controls (wheel washing)

6 D5 Waste & Recycled Storage (Implementation)

7 E1 Landscape design proposals

8 E15 Provision for Tree Planting

9 E16 Existing trees to be retained

10 F4 Completion- Access

11 G2 Parking The parking layout shown on drawing 12313_02_00_D1 shall be provided before the dwellings to which it relates is occupied and thereafter it shall not be used for any purpose other than the parking of vehicles.

12 Lifetime Homes

13 J12 Phased Contamination Condition

14 In accordance with Energy Assessment (Issue 2)

15 Sustainable Drainage

16 Sustainable Construction

17 Code for Sustainable Homes – Design Stage

18 Code for Sustainable Homes – Post-Construction

19 Sustainable transport travel plan

Informatives:

1 Some new developments granted planning permission on or after 1st April 2012 will be liable to pay Community Infrastructure Levy (CIL) to the Mayor of London with respect to the funding of Crossrail. This is at the rate of £35 per m2 of new floor space. This proposal is liable to pay £37,317 Community Infrastructure Levy (GIA = 1,066.2sqm).

2 The building contractors should take note of, and act upon advice given in the in the GLA and London Councils - Best Practice Guidance: "The Control of Dust and Emissions from Construction and Demolition

3 If site staff are instructed by a Council Officer to stop vehicle movements to and from the site if any incidents occur, they must comply with the instructions. For any further advice, contact the Council’s Community Environment Team on 020 8583 5070.

4 The building contractors should take note of, and act upon advice given in the BS5228 Code of Practice "Control of Noise on Construction Sites". Before commencement of the works the building contractors should, giving as much notice as possible, notify the occupants of properties surrounding the site of the nature and duration of works and the permitted hours of work. The building contractors should also provide such occupants with the name and telephone number of a responsible person who can be contacted for advice or in the event of a need to complain.

5 Surface Water Drainage - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

6 There are public sewers crossing or close to your development. In

order to protect public sewers and to ensure that Thames Water can gain access to those sewers for future repair and maintenance, approval should be sought from Thames Water where the erection of a building or an extension to a building or underpinning work would be over the line of, or would come within 3 metres of, a public sewer. Thames Water will usually refuse such approval in respect of the construction of new buildings, but approval may be granted in some cases for extensions to existing buildings. The applicant is advised to contact Thames Water Developer Services on 0845 850 2777 to discuss the options available at this site.

7 Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.