Development Control Committee Date of Meeting: 31/07/2019

Register No: 19/00330/FUL

Site Address: THE WORCESTER PARK TAVERN, PARK TERRACE, WORCESTER PARK KT4 7JZ

(c) Crown Copyright. All rights reserved. Royal Borough of Kingston 2007. Licence number 100019285. [Please note that this plan is intended to assist in locating the development; it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]

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Ward: Old Malden

Description of proposal: Erection of part 5, part 6 storey, 132 bedroom

hotel including meeting room, bar/restaurant and ground floor external terrace, car park and landscaping, together with the reconfiguration of Park Terrace.

Plan Type: Full Application

Expiry Date: 13/05/2019

EXECUTIVE SUMMARY

1. The application is for the erection of a part 5, part 6 storey building accommodating a 132 bedroom hotel (Use Class C1), including a café bar/restaurant, a meeting room and ground floor external terrace, together with a car park, landscaping and reconfiguration of Park Terrace.

2. The application site is located in close proximity to Worcester Park District Centre, and has a Public Transport Accessibility Level rating of 3 (Moderate). As such, the site is considered acceptable in terms of the strategic location principles set out within Policy 4.5 of the London Plan.

3. The applicant has provided sufficient evidence to demonstrate that the existing A4 use (Drinking Establishment) of the site is no longer viable. It is also noted that the Public House was regrettably destroyed in February this year by a fire. The proposed hotel would make a positive contribution to the vitality and viability of the Borough. The provision of an ancillary café bar would mean that an element of A4 use would be retained at the site.

4. The applicant has successfully addressed the concerns raised by the Council and the Design Review Panel, in regards to design, layout and massing. Although higher than surrounding development, it is considered that the revised scheme would complement the character of the area. This would be in accordance with Policies 7.4 to 7.6 of the London Plan and Policies CS8, DM5 and DM10 of the Core Strategy.

5. Based on the submitted Daylight and Sunlight Assessment, it is considered that the proposal would not have a significant impact upon neighbouring occupiers’ amenity, in terms of loss of daylight/sunlight and overshadowing. If this application is approved, a condition would be secured to ensure that the

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proposed hotel bedroom windows which would face Mercury House are obscure glazed and non-opening where the framing is less than 1.7 metres from finished floor level.

6. Using the TRICS methodology (the industry standard trip generation database), the Transport Statement states that only 30% of visitors are likely to drive to the hotel. Based on these calculations, 40 car parking spaces (including the disabled spaces) are proposed for the 132 hotel bedrooms at a parking ratio of 0.3. No objection has been raised by the Council’s Highways Officer, in regards to the proposed level of on-site car parking. It is also worth noting that the site is in a sustainable location, and that the proposed development prioritises the use of public transport, cycling and walking, in line with the objectives of the London Plan.

7. As part of the Section 106 legal agreement, the applicant has agreed to contribute a sum of £5,000 towards the Council’s consultation with local residents on the need for a Controlled Parking Zone (CPZ). In the event that local residents support a CPZ, a further financial contribution of £25,000 would be paid towards the Council’s cost for setting up the CPZ and Traffic Management Order (TMO). This would be in order to mitigate against any potential for over spill parking on adjacent roads.

8. A Section 278 legal agreement would be secured for the redesigning and resurfacing of the Park Terrace public highway.

9. The application site is located in Fluvial Flood Risk Zones 1 and 2. A Sequential Assessment and a Flood Risk Assessment has therefore been provided by the applicant. Officers accept the results of the Sequential Assessment, which states that there are no other alternative sites in Flood Zone 1 and within the Worcester Park area that could accommodate the proposed development. The flood risk and drainage would be appropriately mitigated on-site, and this is set out in the Flood Risk Assessment and Drainage Strategy.

10.The proposed development would be of an inclusive design, and evidence has been submitted to demonstrate that the development will achieve a BREEAM ‘Excellent’ rating.

11.For the reasons outlined in the following sections of this report, the proposal is considered acceptable and is thus recommended for approval. This is subject to the imposition of conditions and the completion of Section 106 and Section 278 legal agreements.

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PLANNING POLICIES AND GUIDANCE National Planning Policy/Guidance

● National Planning Policy Framework (NPPF) 2019 ● National Planning Policy Guidance (web based resource)

Development Plan

● Mayor for London - London Plan 2016 ● LDF Core Strategy April 2012 ● Kingston Town Area Action Plan 2008

Guidance

● Mayor of London - Housing Supplementary Planning Guidance (SPG) 2016 ● Mayor of London - Culture and the Night Time Economy Supplementary Planning

Guidance (SPG) 2017 ● Mayor of London - Mayor’s Transport Strategy 2018 ● RBK Sustainable Transport Supplementary Planning Document (SPD) 2013 ● RBK Access for All Supplementary Planning Document (SPD) 2005

Policies

LONDON PLAN MARCH 2016 LP 2.1 Delivering the strategic vision and objectives for London LP 2.2 London and the wider metropolitan area LP 2.6 Outer London: vision and strategy LP 2.7 Outer London: economy LP 2.8 Outer London: transport LP 2.15 Town Centres LP 3.1 Ensuring Equal life and chances for all LP 5.1 Climate change mitigation LP 5.2 Minimising carbon dioxide emissions LP 5.3 Sustainable design and construction LP 5.5 Decentralised energy networks LP 5.6 Decentralised energy in development proposals LP 5.7 Renewable energy LP 5.8 Innovative energy technologies LP 5.9 Overheating and cooling LP 5.12 Flood risk management LP 5.13 Sustainable drainage LP 6.5 Funding crossrail and other strategically important infrastructure LP 6.8 Coaches LP 6.9 Cycling

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LP 6.10 Walking LP 6.13 Parking LP 7.2 An inclusive environment LP 7.3 Designing out crime LP 7.4 Local character LP 7.5 Public realm LP 7.6 Architecture LP 7.14 Improving air quality LP 7.15 Reducing and managing noise, improving and enhancing the ………………acoustic environment and promoting appropriate soundscapes LP 7.19 Biodiversity and access to nature LP 7.21 Trees and woodlands LP 8.2 Planning obligations LP 8.3 Community infrastructure levy

LDF CORE STRATEGY CORE POLICIES

CS 1 Climate Change Mitigation CS 2 Climate Change Adaptation CS 3 The Natural and Green Environment CS 5 Reducing the Need to Travel CS 6 Sustainable Travel CS 7 Managing Vehicle Use CS 8 Character, Heritage and Design CS 9 Waste Reduction and Management CS 11 Economy and Employment LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM1 Sustainable Design and Construction Standards DM2 Low Carbon Development DM3 Designing for Climate Change DM4 Water Management and Flood Risk DM6 Biodiversity DM8 Sustainable Transport for New Development DM9 Managing Vehicle Use for New Development DM10 Design Requirements for New Development DM11 Design Approach DM17 Protecting Existing Employment Land and Premises DM18 New Employment Uses DM22 Design for Safety

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LDF CORE STRATEGY IMPLEMENT POLICIES

IMP3 Securing Infrastructure IMP4 Facilitating Delivery

PREVIOUS RELEVANT PLANNING HISTORY

12.There is no relevant planning history attached to this site. CONSULTATIONS

13.155 neighbouring properties were notified of the proposal on 14th February 2019. 8 responses from separate addresses were received, 3 of which were letters of objection and 5 of which were letters of support. The material grounds of objection and grounds of support are summarised below:

Grounds of Objection:

● Insufficient amount of on-site car parking spaces ● Risk of adjoining roads, such as The Manor Drive, becoming an overspill

car park for the hotel ● Access to Park Terrace is problematic and any increase in traffic

movement will make this worse ● Excessive height and bulk of the building ● The building design could be more appropriate to the surrounding

properties ● Issues with the noise generated by the use of the hotel and its roof plants ● Loss of privacy, loss of daylight/sunlight ● Increased anti-social behaviour and patrons smoking outside the building ● Inconvenient location for those visiting Chessington World of Adventures ● Proposal would result in the loss of a number of car parking spaces in

Park Terrace

Grounds of Support: ● An attractive proposition which would include amenities for the public, i.e.

a restaurant, bar and meeting room ● Welcomes the idea of the hotel as the existing pub is an eyesore ● Nice to see that the existing nuisance/trouble attracting building will be

demolished ● Potential to encourage business and local trade in the area ● Excellent transport links to London, Heathrow and Gatwick airports ● It will bring jobs to the local area ● Please to see a BREEAM report attached to the application

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14.Following negotiations with the applicant, revised drawings were provided during the course of this planning application. Further consultation letters were sent to neighbours on 5th July 2019 to notify them that the Council was in receipt of revised drawings. 4 responses from separate addresses were received, 3 of which were letters of objection and 1 of which was a letter of support. Grounds of Objection:

● A reduction of one floor would ease the visual impact ● The building is imposing and dominating ● The plant area on the roof would affect the residents on Park Terrace ● Large vehicles will find it difficult to turn around on Park Terrace ● Unacceptable levels of congestion ● Loss of privacy for the residents on Park Terrace ● Overshadowing has not be sufficiently considered as the report only

considers the impact in March ● Anti-social behaviour ● The site is not conveniently located for those visiting Chessington World of

Adventures

Grounds of Support:

● The proposed building with white ground floor arcades, with 2-3 more

floors in red ricks and top floors in grey, would blend in the best with the surrounding buildings on Park Terrace

● The proposed building is rather high, but it will be an asset to Worcester Park

Statutory, Non-Statutory and Internal Consultations

Transport for London No comments.

Epsom and Ewell Borough Council No comments.

Thames Water No objection, subject to recommended conditions.

RBK Highway Engineer No objection, subject to recommended conditions, S.106 and S.278 legal agreements.

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RBK Flood Risk Officer No objection, subject to recommended conditions.

RBK Environmental Health Officer No objection, subject to recommended conditions.

RBK Trees and Landscape Officer No objection, subject to recommended conditions.

Metropolitan Police Service- Designing Out Crime Officer

Further security measures have been requested. These would be secured by way of a condition.

SITE AND SURROUNDINGS

15.The site is 0.3 hectares in size and is located on the north-western side of Park Terrace, close to the junction with the A2043 Malden Road. It used to comprise a Public House (Use Class A4) known as The Worcester Park Tavern, but this building was regrettably destroyed by a fire earlier this year.

16.To the south of the site is a 1970s building (known as Park House) that is 3

storeys, with a 4th storey mansard roof. Further south is a block of flats known as Mercury House which were converted under office to residential permitted development rights. To the rear of the application site are single storey garages, and beyond that are three blocks of 2 storey 1920s flats (Orchard Court). Immediately to the north of the site is a 1 and a half storey community centre. Malden Green is located to the north-east of the site, which is designated as Local Open Space and a Greenspace Information for Greater London Habitat Area. The wider area is characterised predominantly by two and three storey residential buildings.

17.The site has a Public Transport Accessibility Level rating of 3 (Moderate).The site’s entrance is accessed via Park Terrace which connects with the A2043 Malden road to the north-east of the site. To the south of the site, Park Terrace merges into The Avenue which extends further west to connect with the A240 Kingston Road via Grafton Road. The site is situated approximately 60 metres to the south-west of Worcester Park railway station. The closest bus stops are located on A2043 Malden Road, within approximately 100 metres walking distance of the site.

18.The site is not located within a Conservation Area and does not contain any Listed Buildings.

19.The site is within the Environment Agency’s Flood Risk Zones 1 and 2.

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PROPOSAL

20.The application proposes the erection of a part 5, part 6 storey building accommodating a 132 bedroom hotel (Use Class C3) including a café bar/restaurant, a first floor meeting room and ground floor external terrace, together with a car park, landscaping and reconfiguration of Park Terrace.

21.The proposed hotel building would have a ‘L-shaped footprint’. At ground floor level it would include the hotel reception, a café bar/restaurant, a lounge area, a kitchen and staff facilities. The proposed 132 bedrooms would be located on the upper levels. There would be a lift and staircase providing access to each of the proposed levels.

22.The external finish of the building would comprise a mixture of glazing and brickwork. Large open glazing is proposed along the front elevation of the building facing Malden Road, which would serve as an active frontage. Additionally, an external ground floor terrace would be located adjacent to a parcel of land forming part of Malden Green.

23.The site would be accessed via Park Tavern. There would be a provision of 40

on-site car parking spaces, and 14 cycles spaces of which 10 would be allocated to staff members. A new short stay loading bay/ parking area accommodating 7 car parking spaces is proposed along Park Terrace. The final details of this will be subject to consultation via a Traffic Management Order. This, including the fee, will be secured via the Section 106 agreement. These proposed spaces are located on public highway land and would be available for use by the public for access to local businesses including for use of the cafe/ bar. Also, an upgraded pedestrian footway would be provided, in conjunction with the resurfacing of the highway on Park Terrace. The applicant has agreed to enter into a Section 278 legal agreement for the proposed highway works associated with Park Terrace.

24.Prior to the arrival of a coach, an area of car parking within the site would be suspended to facilitate coach parking. This would be coordinated by the hotel’s management team and coaches would have to book in advance. Delivery and servicing would be carried out within the site with the rear elevation doors providing access to the kitchen, housekeeping and refuse facilities.

Revisions

25.There has been extensive negotiations during the pre-application advice stages

of this proposed scheme. During this process, the applicant has made a number of revisions including:

● Changes to the orientation and layout of the hotel building so that it would be positioned against the Malden Green and Park Terrace frontages.

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● Changes to the architectural design and external finish of the proposed building in order to break up its massing and alleviate the impact of the scale of the development.

● The introduction of an active frontage onto Malden Green (a Local Open Space) in order to enhance the public realm.

26.During the course of this planning application further amendments were sought

which are outlined in the section of this committee report tilted ‘Character, Design and Appearance’.

ASSESSMENT

27.The main issues for consideration in relation to this application are as follows:

● Principle of development ● Character, Design and Appearance ● Trees and Landscaping ● Accessibility and Inclusion ● Impact on Neighbours’ Residential Amenity ● Noise ● Air Quality ● Highways and Parking ● Refuse/Recycling facilities ● Flooding and Surface Water Drainage ● Energy Conservation and Sustainability ● Ecology/Biodiversity ● Land Contamination ● Legal agreements

Principle of development

Loss of the existing A4 Use (Drinking Establishment) at the site  

28.The NPPF promotes social interaction and states that planning policies and local authority decisions should protect and enhance the social, recreational and cultural facilities and services that are needed by different community groups. Public Houses are identified within the NPPF as a community facility.

29.The requirement to protect communities facilities is reinforced by the London Plan and the Core Strategy. In particular, Policy DM24 states that the Council will resist the net loss of community facilities, including Public Houses, unless there is evidence to suggest the facility is no longer needed, where appropriate; it has been vacant and marketed for community use without success, or it can be

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re-provided elsewhere or in a different way.

30. In February of this year, the Public House building at the site was destroyed by a fire. Whilst the loss of the Public House is regrettable, the building was not a designated heritage asset and was of limited architectural and historic merit.

31. In terms of the loss of the A4 use (Drinking Establishment), the applicant’s Planning Statement states that the former owner of the site placed the Public House on the market in early 2012 because the business was no longer financially viable. This marketing campaign was undertaken by CBRE and included a number of methods, including the production of particulars and advertisement in the Estates Gazette and EG Property Link. The marketing exercise resulted in 13 bids being received. The Planning Statement states that no offers were received from ‘community’ type users and only one offer was made by a ‘niche bistro/pub operator’. The applicant was the successful bidder and purchased the site.

32. Officers are satisfied that the original owners of the site were unable to let the former Public House, and sufficient evidence has been submitted by the applicant to demonstrate this. It should be noted that the proposed hotel is an employment use, and would include an ancillary café/ bar and restaurant that would be open to the general public as well as guests. It is recognised that the proposed café/ bar would have a smaller footprint to that of the former Public House. However, the proposed hotel would include new and updated facilities, including a meeting area which would be available for hire by local community groups. It is considered, on balance, that the benefits of the proposal would outweigh the deficit in A4 use floor space.

33.Taking into account the above circumstances, it is considered that the loss of the A4 use (Drinking Establishment) would be acceptable in this instance. The applicant has sufficiently demonstrated that there was no viable commercial interest in the A4 use. The benefits of the proposed hotel, as identified above and discussed in further detail below, would outweigh the loss of the former Public House.

Acceptability of the proposed hotel use 

 

34.Paragraph 80 of the NPPF states that the Council should help create the conditions in which businesses can invest, expand and adapt. Significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development.

35.Policy 2.7 of the London Plan states that Boroughs and other stakeholders should seek to address constraints and opportunities in the economic growth of

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outer London so that it can rise above its long term economic trends by supporting leisure, arts, culture and tourism. Policy 4.1 states that the Mayor will work with partners to promote and enable the continued development of a strong, sustainable and increasingly diverse economy across all parts of London.

36. In strategic policy terms, Policy 4.5 of the London Plan states that Boroughs and relevant stakeholders should support London’s visitor economy and stimulate its growth, taking into account the needs of businesses as well as leisure visitors and seeking to improve the range and quality of provision especially in outer London. The London Plan seeks to achieve 40,000 net additional hotel bedrooms by 2036, of which at least 10% should be wheelchair accessible. The policy further states that beyond the Central Activities Zone, development should be focused in town centres and opportunity and intensification areas, where there is good public transport access to central London and international and national transport termini.

37.The Mayor’s Culture and the Night-Time Economy Supplementary Planning Guidance (SPG) identifies London as an exciting and vibrant city 24 hours a day, and expresses the Mayor’s wish to make London’s night-time economy and culture an even richer proposition. The SPG also identifies Kingston as being of regional/sub regional importance in terms of culture provision.

38.At a local level, Policy CS11 of the Core Strategy states that the Council will promote other key employment sectors, including tourism, and ensure that land, premises and appropriate infrastructure are available for these activities. This is reinforced by the supporting text in paragraph 6.120, which highlights that tourism is a key driver in London’s economy, providing significant employment and visitor spending. It goes on to stipulate that the Borough is well placed to capitalise on tourism, in view of its mix of historic and modern attractions.

39.Policy CM1 identifies the Worcester Park Station area as a gateway to the Borough. Policy DM 18 seeks to ensure that any applications for new employment development (outside designated employment locations) are of an appropriate scale and have been planned positively in order to minimise any negative impacts.

40.As set out above, the application site is located within close proximity to Worcester Park District Centre. The site benefits from access to public transport links with the closest bus stop located approximately 100 metres walking distance from the site, and with Worcester Park railway station approximately 60 metres to the north east. Given the location of the site, the applicant anticipates that the likely markets would be business travellers visiting companies located within the Kingston Borough. On the weekends, the proposed hotel is likely to attract tourists visiting Chessington World of Adventures, and those visiting family and relatives residing locally or at Kingston University. The location of the site is

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therefore considered to be acceptable, and in accordance with the strategic location principles set out within the London Plan.

41.The proposal would create 12 full-time jobs and 15 part-time jobs. Also, hotel guests are likely to spend within the local area of Worcester Park. The proposed ancillary restaurant and café bar would help to stimulate the night-time economy and serve as active frontage along Malden Road. Furthermore, the café bar would ensure that an element of the existing drinking establishment use (Use Class A4) at the site is retained. Officers consider that the proposed hotel would make a positive contribution to the economy and would help to stimulate the viability and vitality of the town.

42. In light of the above, the principle of development is considered acceptable subject to the other material considerations set out in this report.  

Character, Design and Appearance

43.Paragraph 124 of the NPPF states that the Government attaches great importance to the design of the built environment. It states that “The creation of high quality buildings and places is fundamental to what the planning and development process should achieve” and “good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities.” However, Paragraph 130 states that where the design of a development accords with clear expectations in plan policies, design should not be used by the decision-maker as a valid reason to object to development.

44.Policy 7.4 of the London Plan states that development should have regard to the scale, mass and orientation of surrounding buildings, and that buildings should provide a high quality design response that has regard to the pattern and grain of the existing spaces and streets in orientation, scale, proportion and mass. Policy 7.6 of the London Plan states that buildings should be of a proportion, composition, scale and orientation that enhances, activates and appropriately defines the public realm, and should not cause unacceptable harm to the amenity of surrounding land and buildings. The Mayor of London’s Character and Context SPG notes at paragraph 7.26 that “the key or essential characteristics of a place provide an important reference point against which change can be assessed”.

45.At a local level, Policy CS8 of the Core Strategy states that the Council will protect the primarily suburban character of the Borough, existing buildings and areas of high quality and historic interest from inappropriate development. The policy goes on to say that the borough will seek opportunities for sensitive enhancement in these areas and in areas of poorer environmental quality, where the character has been eroded or needs improving. CS8 also states that the Council will require higher standards of design generally to achieve a more

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attractive, sustainable and accessible environment.

46.Policy DM5 states that the Council will only allow development on sites adjacent to the Green Belt, MOL or other open space designation that does not have a detrimental impact on its visual amenities and respects the size, form and use of that open space, in accordance with National Guidance. Policy DM10 of the Core Strategy states that new development proposals will be required to incorporate principles of good design and those elements that are identified as contributing to the character and local distinctiveness of a street or areas which should be respected, maintained or enhanced.

47.Policy DM11 of the Core Strategy states that the Council should take a more

flexible approach to new development where the existing development lacks any identifiable or cohesive character and/ or is located in a lower quality environment; in these circumstances it will seek a high quality development that creates its own distinctive character.

Assessment

 

48.The application site is located in a prominent position with its frontage facing Park Terrace and Malden Green (Local Open Space). Following the regrettable loss of the Public House, it is recognised that the site is in disrepair and is in need of improvement.

49.As previously mentioned, the prevailing physical character comprises a mixture of buildings ranging from one to four storeys in height. To the south of the site is a 1970s building (known as Park House) that is 3 storey storeys, with a 4th storey mansard roof . To the rear of the application site are single storey garages, and beyond that are three blocks of 2 storey 1920s flats (Orchard Court). Immediately to the north of the site is 1 and a half storey community centre. To the east lies Malden Green, a Local Open Space. The wider area is characterised predominantly by two and three storey residential buildings.

50.Given the surrounding context and that the site is viewed as a ‘gateway location’, a 6 storey building could be appropriate at the site. However, this would be subject to the development being of the highest quality and positively responding to the existing buildings and surrounding streetscape, in terms of scale, height and massing. In this case, the applicant has been in engagement with the Council and the local community prior to the formal submission of the planning application.

51.Previous iterations of the proposed scheme were presented during pre-application advice stages where concerns were raised by the Council and the Design Review Panel, in regards to its design, layout and massing. The Design Review Panel raised no objection to the proposed quantum and height of the

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hotel building, but expressed reservations about the massing and the relationship with the character of the town centre.

52.The scheme was revised accordingly where the grey brickwork was removed from the corner junction of the building, and instead open glazing would be used on the front elevation where its height projects beyond the main ridge line to create an articulation that is of visual interest. Also, the external finish on the upper levels would now be finished in grey brickwork to soften the appearance of the proposed building. During the course of this planning application further amendments were sought by Officers. The applicant responded by submitting amended drawings showing a reduction to the amount of grey brickwork on the upper floor in order to improve the overall composition of the building.

53.The final proposal would have a L-shaped footprint and measure 40.5 metres wide along the frontage facing Malden Green; 51.3 metres wide along the frontage facing Park Terrace; a depth between 14.1 metres and 18.4 metres; and 21.3 metres in height (at the highest point). It would be 6 storeys along its principal elevation, and reduces to 4 storeys along Park Terrace to respect the height of the adjacent neighbouring property at Park House. The final design of the proposed scheme is illustrated in the image below.  

Image 1: Elevation to Malden Green

54.The proposed fenestration whereby the windows would be devised so that their height is greater than their width creates a pattern of vertical proportioning. This window alignment contributes towards ensuring that the building would appear in scale with its surroundings. The proposed active frontage along the front elevation of the building would not only generate visual engagement with the public, but the incorporation of large open glazing would provide views of Malden Green.

55.The ground floor public areas of the proposed hotel building would have a different material palette to the main hotel use on the upper floors, which would be externally finished in orange and grey brickwork. This would not only help to differentiate the different uses, but would aid towards breaking up the long north

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(front) and south (side) elevations of the building. The external finish of the building, which would primarily comprise white, orange and grey brickwork, would be reflective of the choice of materials found within the immediate locality of the site.

56.A condition would be secured requiring samples of materials to be submitted and approved by the Council in order to ensure that the development is built out to the highest quality.

Image 2: Photomontage of the final proposal

57.Overall it is considered that the design, scale and massing of the proposed hotel would make a positive contribution to the character and appearance of the surrounding area. Officers consider that the initial concerns have been appropriately addressed by the applicant in order to secure a development that would be complementary to its locality and create a strong sense of place. This would be compliant with Policies 7.4 and 7.6 of the London Plan and Policies CS8, DM5 and DM10 of the Core Strategy.

 

Trees and Landscaping  

58.Paragraph 127 of the NPPF advises that local authorities should ensure that developments optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public spaces). This is supported by Policy 7.2 of the London Plan which states that existing trees of value should be retained and any loss as a result of development should be replaced.

59.Policy DM10 of the Core Strategy seeks to ensure that landscaping is an integral part of the overall design of all new developments, and that new developments

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should have regard to the public realm and to ways in which it can be enhanced as an integral part of the design of the development.

60.The application site is not located within a Conservation Area, and none of the trees at the site are the subject of a Tree Preservation Order. It is acknowledged that the site lies adjacent to Malden Green, which is a designated Local Open Space and classified as a Greenspace Information for Greater London Habitat Area.

61.A Tree Survey and Arboricultural Impact Assessment has been submitted as part of this application. It states that the survey identified a total of sixteen individual trees and two groups of trees. It is recognised that some of the trees lie on neighbouring land. The applicant is aware that separate consent from the land owners would be required.

62.Ten trees have been identified as being required for felling to permit the proposed development to proceed. These trees are classified as low quality (i.e. Category C), and are not considered to provide a high value of amenity to warrant a TPO. There is therefore no resistance to the loss of these trees, particularly noting that the mature Turkey Oak tree (Category B1) would be retained. In addition to the above, a group of 11 trees identified as G001 on the submitted Protection Plan and a common Ash (T009) are required to be felled for either health and safety ,cultural or quality of life reasons.

63.The proposed hotel would encroach within the root protection area of one group of trees to be retained (referred to as G002). The Arboricultural Impact Assessment states that where the footprint of the hotel encroaches within the root protection area of the retained trees in group G002, a specialised foundation design would be used to prevent any harm to these trees.

64.The submitted drawings show that a replacement hard surface is proposed in the root protection area of T014 (a mature Turkey Oak). The Arboricultural Impact Assessment (AIA) states that the removal of the existing hard surface must be completed by hand or with appropriate lightweight machinery under arboricultural supervision. The new hard surfacing must be of similar construction to that which has been removed to prevent any adverse impact to the tree’s root protection area. The AIA states that prior to the commencement of construction protective fencing would be erected on site.

65. If this application is approved, a condition would be secured requiring the development to be carried out in accordance with the Arboricultural Impact Assessment.

66.The applicant’s landscaping management plan illustrates that three new trees would be planted. A 1.8 metre high close-boarded timber fence would be

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erected along the mutual boundaries shared with Doris Venner Youth and Community Centre and The Lodge. A mixture of concrete block paving, asphalt concrete, gravel and cover planting is proposed as part of the hard and soft landscaping finishes. Also, in-ground LED uplight lighting would be installed along the perimeter of the proposed hotel, and lighting columns measuring 4.5 metres high would serve the car parking area.

67.Although the submitted Landscape Management Plan is generally considered acceptable, an updated version would be secured via condition requiring full details (including a planting schedule) to be submitted and approved by the Council.

68.Overall it is considered that while trees would be lost as a result of the proposed development, it has been sufficiently demonstrated that the trees to be felled are not of high value amenity. Due consideration has been given to the protection of the trees that would be retained, and the proposed tree planting is welcomed. The proposed landscaping would make a positive contribution towards the wider public realm setting, and full details would be secured by condition. The proposal would therefore be consistent with the objectives set out in policies 7.2 of the London Plan and DM10 of the Core Strategy.

Accessibility and Inclusion

69.Policy 7.2 of the London Plan states that all new development should be designed so that it can be used safely, easily and with dignity by all regardless of disability, age, gender, ethnicity or economic circumstances. Also, new developments should be convenient and welcoming with no disabling barriers, so everyone can use them independently without undue effort, separation or special treatment.

70.The proposal includes a total of 12 wheelchair accessible bedrooms. Although this would be slightly lower than the 10% requirement set out in policy 4.5 of the London Plan, it is considered that the overall layout of the proposed hotel would be acceptable and accessible to wheelchair users. Impact on Neighbours’ Residential Amenity 

71.Paragraph 127 of the NPPF seeks to secure a good standard of amenity for all

existing and future occupants of land and buildings.

72.Policies 7.14 and 7.15 of the London Plan requires for all developments to be safe and inclusive and to maintain a good level of amenity, mitigating impacts such as noise and air quality. Policy 7.6 of the London Plan requires for buildings in residential environments to pay particular attention to privacy,

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amenity and overshadowing.

73.Policy DM10 of the Core Strategy seeks to safeguard residential amenity with regards to privacy, outlook, sunlight/daylight, and avoidance of visual intrusion. Daylight

74.The Building Research Establishment (BRE) is the normal criteria adopted when assessing the sunlight and daylight impact of new development on existing buildings. Paragraph 1.1 of the BRE Guidelines states: “People expect good natural lighting in their homes and in a wide range of non-habitable buildings. Daylight makes an interior look more attractive and interesting as well as providing light to work or read by”.

75.Paragraph 1.6 of the BRE Guideline states: “The advice given here is not mandatory and the guide should not be seen as an instrument of planning policy; its aim is to help rather than constrain the designer. Although it gives numerical guidelines, these should be interpreted flexibly since natural lighting is only one of many factors in site layout design...In special circumstances the developer or local planning authority may wish to use different target values. For example, in a historic city centre, or in an area with modern high rise buildings, a higher degree of obstruction may be unavoidable if new developments are to match the height and proportions of existing buildings”.

76.The BRE Guidelines state that “the diffuse daylighting of the existing building may be adversely affected if either:

● The Vertical Sky Component (VSC) measured at the centre of an existing main window is less than 27% and less than 0.8 times its former value;

● The area of the working plane in a room which can receive direct skylight is reduced to less than 0.8 times its former value”

77.Paragraph 2.2.8 of the BRE Guidelines state: “Where room layouts are known,

the impact on the Daylighting Distribution (DD) in the existing building can be found by plotting the ‘no sky line’ in each of the main rooms. For houses this would include living rooms, dining rooms and kitchens. Bedrooms should also be analysed although they are less important... The no sky line divides points on the working plane which can and cannot see the sky... Areas beyond the no sky line, since they receive no direct daylight, usually look dark and gloomy compared with the rest of the room, however bright it is outside”.

78.A Sunlight and Daylight Assessment was submitted with this planning application. It states that it that the following neighbouring properties have been tested in respect of daylight and sunlight impact:

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● ‘Clinic’ The Manor Drive ● ‘Surgery’ The Manor Drive ● Doris Venner Youth Community Centre’ The Manor Drive ● Park House ● Mercury House ● Briarwood Court ● The Lodge ● Orchard Court

 

79. It is noted that part of the original office space at Park House has been converted to residential use under permitted development rights, and is now known as Mercury House. This change of use to residential has been taken into consideration as part of the applicant’s study.

80.The Sunlight and Daylight Assessment states that the existing windows that would suffer the greatest impact are those where the proposed hotel and Mercury House are at their closest. The report states that 31 windows at Mercury House were assessed, with 20 of these windows comfortably meeting the BRE guidance for Vertical Sky Component (VSC). The report goes on to say that all of the remaining 11 windows serve rooms which benefit from light through at least one other window. Whilst Officers acknowledge these 11 individual windows fall short of the BRE guidance, when balanced with the other windows serving the same rooms it is considered that an adequate level of daylight would be provided.

81. In terms of Daylight Distribution (DD) results, the Sunlight and Daylight Assessment surveyed 17 rooms within Mercury House with 12 meeting the BRE guidance. Of the remaining 5 rooms; two are non-habitable stairwells, and the others would be considered marginal. Given that the site is located in an urban setting, it is considered that the results are acceptable and that the proposal would not cause significant harm upon the occupiers Mercury House, in terms of loss of daylight.

82.The windows that were assessed at Briarwood Court, The Lodge and Orchard Court would generally be compliant the BRE guidance. Only one window located at The Lodge would be considered marginal, in respect to Vertical Sky Component. Out of the 42 assessed windows serving properties at Orchard Court, only 2 are marginal but these windows serve rooms with multiple windows.

83.All of the assessed windows at Briarwood Court, The Lodge and Orchard Court would meet the BRE requirements for daylight distribution.

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84.The buildings at The Clinic, The Surgery, Park House and Doris Venner Youth and Community Centre are non-domestic buildings. The BRE Guidelines states that in non-domestic buildings rooms where occupants ‘have a reasonable expectation of daylight’ the impact should be assessed. Although these spaces are not defined, some non-domestic buildings that would normally fall into this category include schools, hospitals, hotels, hostels, small workshops and some offices.

85.There is no known particular requirement for daylight, as defined in the BRE guidance, for the neighbouring commercial buildings adjacent to the application site. However, for completeness, these results have been provided within the Daylight and Sunlight Report. Based on the results, it is considered that the proposal would not have a significant impact for the occupiers of these neighbouring commercial buildings, in terms of daylight.  

Sunlight

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

● Receives less than 25% of Annual Probable Sunlight Hours (APSH), or less than 5% of annual probable sunlight hours between 21 September and 21 March and;

● Receives less than 0.8 times its former sunlight hours during either period and;

● Has a reduction in sunlight received over the whole year greater than 4% of annual probable sunlight hours.” 

87.The assessed windows at Mercury House, Briarwood Court, The Lodge and

Orchard Court would all meet the BRE guidance for Annual Sunlight Hours. The Daylight and Sunlight Report demonstrates that Park House,The Clinic and The Surgery would be compliant with the BRE guidance for Annual Sunlight Hours. Out of the 15 surveyed windows 2 individual windows at Doris Venner Youth Community Centre would fall short of the BRE guidance. However, when considered with the other 13 windows, it is considered that the occupiers of this building would receive an adequate level of sunlight.

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Overshadowing  

88.The BRE guidance suggests that for an amenity area, e.g. garden, to appear sunlit throughout the year, at least 50% of the garden or amenity area should receive 2 hours of sunlight on 21st March (21st March is the equinox month and is the set day for testing overshadowing in accordance with the BRE criteria). If a new development causes overshadowing of existing open areas that do not meet these criteria, and the area which can receive 2 hours of sun on 21st March reduces by more than 20% of its former value, then the loss of sunlight may be noticeable, representing an adverse impact.

89.The Design and Access Statement includes a Shadow Path Analysis of before and after the proposed development. It illustrates that the proposed development is unlikely to have significant impact on the residential neighbouring properties at Orchard Court, Briarwood Court, Manor Drive and Mercury House, in terms of overshadowing. There would be a degree of shadow cast in the morning for the external amenity spaces to the rear of the health centre and the community centre. However, in the afternoon the sun would have moved to the west and these spaces would be unaffected thereafter.

90.The proposed development would therefore be in accordance with the BRE recommendations for overshadowing on 21st March.

91.Officers accept the findings of the Daylight and Sunlight Report and Shadow Path Analysis submitted by the applicant. As such, the proposal would not cause undue harm upon neighbouring occupiers, in terms of loss of light and overshadowing. This would be compliant with the NPPF, Policy 7.6 of the London Plan and Policy DM10 of the Core Strategy. 

Loss of privacy/Overlooking

92.With regards to privacy and overlooking, the neighbouring properties most likely to be affected are the residential units at Mercury House. This neighbouring residential block contains north-western flank windows which serve habitable rooms. To prevent any issues with loss of privacy, a condition would be secured to ensure that the proposed hotel windows which would face Mercury House are non-opening and obscure glazed where the framing is less than 1.7 metres above finished floor level.

93.There would be a separation distance of approximately 64 metres between the proposed hotel bedroom windows fitted in the rear elevation and the neighbouring properties at Orchard Court. The proposed windows fitted in the elevation closest to the rear boundary of the site would serve as corridors (i.e.

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non-habitable space). On this basis, Officers do not consider that there would be any undue loss of privacy for the occupiers at Orchard Court.

94.The north-western mutual boundary of the application site is shared with a community centre, a health centre and a clinic. Given that these are non-domestic uses, the proposed development would cause an undue loss of privacy or overlooking. Similarly, the commercial uses located within Park House would not be impacted by the proposal, in this respect. Safety/Security 

95.The submitted Design and Access Statement states that the hotel would be

staffed 24/7, 365 days of the year, and a staff presence within the main entrance areas would always be maintained. It confirms that the applicant would conduct an evidence-based Security Needs Assessment to ensure the proposed development would comply with the ‘BS 8220-1:2000- Guide for security of buildings against crime’, where appropriate. A condition would be secured requiring the submission of a Hotel Management Plan to be submitted and approved by the Council, in the event of an approval. The Hotel Management Plan would detail the security measures that would be adopted, such as CCTV and key card operated lifts.

96. It is therefore considered that the proposal would not cause an adverse impact upon neighbouring occupiers or the public, in terms of anti-social behaviour.

Noise  

97.Policy 7.15 of the London Plan requires development proposals to avoid significant adverse noise impacts on health and quality of life as a result of new development. It also encourages improvement and enhancement to the acoustic environment, and separating new noise sensitive development from major noise sources. This is reinforced by Policy DM10 of the Core Strategy which states that development proposals should have regard to the amenities of occupants and neighbours, including in terms of noise and disturbance.

98.An Environmental Noise Survey, prepared by Hoare Lea, was accompanied with this application. The nearest receptors have been identified as the proposed development itself, existing residential within Mercury House and along The Avenue and Orchard Court, as well as the Doris Venner community centre to the north.

99.The survey concludes that during the daytime and night-time, the combined building services plant noise emission contribution limit would be 34 dB(A) and 24 dB(A) respectively, one metre from the nearest residential façade. This would

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be in accordance with the Building Standards 4142: 2014 requirement of 5 dB below the pre-existing background level. The noise emission from the proposed hotel bedrooms during daytime and night-time would not exceed 35 dB(A) and 30-45 (max) dB(A), respectively, in accordance with BS 8233: 2014.

100. In the event that this application is approved, a condition would be secured

restricting the operating hours of the proposed ancillary café bar and restaurant.

101. On the above basis, it is considered that the proposal would comply with Policy 7.15 of the London Plan and Policy DM10 of the Core Strategy.  

Air Quality  

102. Policy 7.14 of the London Plan 2016 provides strategic guidance, seeking to minimize exposure to existing poor air quality and make provision to address local problems. This is supported by Policy CS 1 of the Core Strategy which seeks to direct new development to previously developed sites in accessible locations to reduce greenhouse gas emissions and energy used by transport. Policy CS 1 also requires all development to be designed and built to reduce its life cycle impact and contribute to climate change mitigation by reducing levels of air pollution.

103. It is acknowledged that the application was submitted without an Air Quality Assessment. A condition would therefore be secured requiring the submission of this assessment and a Construction Environmental Management Plan. This is in order to ensure the proposed development would not have an adverse impact upon air quality, in terms of its construction and operational phases.

Highways and Parking   

104. At a national level, Chapter 9 of the NPPF requires that in the assessment of applications for new development appropriate opportunities are taken to promote sustainable transport modes and that safe and suitable access to the site can be achieved for all users; and any significant impacts from the development on the transport network (in terms of capacity and congestion), or on highway safety, can be costly effectively mitigated to an acceptable degree.

105. The London Plan promotes development that will not adversely affect safety on the transport network, setting out the following requirements:

● Policy 6.9 seeks cycle parking in line with the standards set out in Table 6.3 and the guidance set out in the London Cycle Design Standards;

● Policy 6.10 seeks to ensure high quality pedestrian environments and emphasises the quality of the pedestrian and street space as referred to in

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the Transport for London’s Pedestrian Design Guidance; ● Policy 6.13 states that the maximum car parking standards set out in

Table 6.2 in the Parking Addendum of the London Plan, and that 1 in 5 spaces (both active and passive) are provided  

106. At the local level, Policy CS 5 of the Core Strategy seeks to reduce the need to

travel, particularly by car. It is also concerned with protecting and enhancing the availability of employment and key facilities, and locating major generating development in accessible locations well served by public transport. Policy CS 6 requires development proposals to support and encourage the use of public transport, cycling and walking.

107. Policy DM8 seeks to support and promote the use of sustainable modes of travel to development sites. Policy DM9 requires development not to contribute to congestion or compromise highway safety.  

 

Trip generation, parking and cycle parking

108. The applicant’s Transport Statement details the assessment of the transportation and highways implications of the proposed development.

109. The Transport Assessment includes trip generation results for the existing use of the site as a Public House use, and for the proposed hotel use. At time of that the trip generation exercise was undertaken, the former Public House was in existence, and therefore formed part of the trip generation comparison set out in the Transport Statement. Whilst it is appreciated that the Public House has been destroyed by a fire, the lawful use of the site remains as Use Class A4 (Drinking Establishment).

110. When comparing the proposed and existing uses, the Transport Assessment states that there would be a net increase of 23 vehicle trips during the week day AM Peak and a net reduction of 66 two-way vehicle trips during the PM peak hour. Using the TRICS methodology (the industry standard trip generation database), evidence suggests that only 30% of visitors are likely to drive to the hotel. Based on these calculations, a total of 40 car parking spaces (including the disabled and electric parking spaces) are proposed for the 132 hotel bedrooms at a parking ratio of 0.3.

111. No objection has been raised by the Council’s Highway Officer, in regards to the proposed level of on-site car parking. It is also worth noting that the site is in a sustainable location, and that the proposed development priorities the use of public transport, cycling and walking, in line with the objectives of the London Plan.

112. In accordance with policy 6.13 of the London Plan, 4 disabled car parking spaces

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would be provided and 16 electric parking spaces (8 active and 8 passive). Details on how these electric charging points are to be managed would be secured by condition.

113. The proposed on-site parking layout has been devised in such a way that in the infrequent occasion that hotel guests arrive by coach, this could be accommodated within the on-site car park. The Transport Statement states that coaches would be required to book one week in advance, and prior to its arrival, an area of car parking would be suspended to facilitate coach parking. Drawing number 172826/AT/D01 has been submitted to show that a coach can enter and exit the car park in forward gear. If this application is approved, a Coach and Car Parking Management Plan would be secured way of a Condition.

114. A new short stay loading bay accommodating 7 car parking spaces is proposed immediately adjacent to the hotel entrance, allowing guests to be collected and dropped-off. These proposed spaces are located on public highway land and would be available for use by the public and hotel visitors.

115. As part of the Section 106 legal agreement, the applicant has agreed to

contribute a sum of £5,000 towards the Council’s consultation with local residents on the need for a Controlled Parking Zone (CPZ), and a sum of £1,500 towards the Traffic Management Order to impose parking restrictions for the proposed short stay parking bays on Park Terrace. In the event that local residents support a CPZ, a further contribution sum of £25,000 would be paid towards the Council’s cost for setting up the CPZ and Traffic Management Order (TMO). This would be in order to mitigate against any potential for over spill parking on adjacent roads.

116. A Section 278 legal agreement would be secured in respect of all the necessary highway works for the proposed development including: resurfacing Park Terrace after all construction and service connections are completed, reconfiguration works on Park Terrace, resurfacing and repaving of the footway on Park Terrace from the rear of the proposed short stay parking bays to the junction with The Avenue.

117. Ten cycle parking spaces (7 long-stay and 3 short-stay) would be provided by a cycle store located adjacent to the undercroft, with an additional four cycle spaces located within the external terrace area located towards the main front entrance of the building. The level of cycle provision would be in accordance with the London Plan Cycle Parking Standards. To ensure that the proposed cycle spaces fully comply with Policy DM8 of the Core Strategy, further information would be sought via condition with regard to the proposed security measures, cycle stand style and specification.

118. The conclusions of the Transport Statement states that there are no severe

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residual transport impacts arising from the proposed hotel, in terms of either road safety or capacity. No objection has been raised by the Highways Officer, in regards to the level of vehicular and cycle parking provisions, subject to recommended conditions. Delivery, Servicing and Construction Traffic

119. A Framework Delivery and Servicing Management Plan was accompanied with this application. Although this Management Plan confirms that all deliveries, serving and refuse collection would be undertaken within the car park, no details have been provided at this stage as to the anticipated number of daily servicing trips and the likely duration. Given that the delivery and serving vehicles would need to use visitor car parking spaces, additional information would need to be provided to ensure that the delivery and servicing of the site would not cause highway issues. An updated Delivery and Servicing Management Plan would therefore be secured via condition.

120. While there is no concern that adequate construction management process would be put in place, a Construction Management Plan would be required to be provided to and approved by the Council via a condition.

121. Overall it is considered that the application site is in a sustainable location with moderate access to public transport. The proposed vehicular and cycle provision is acceptable. The Council’s Highway Officer does not object to the proposed development, subject to recommended conditions and legal agreements. As such, the proposal would be compliant with Policies 6.9, 6.10 and 6.13 of the London Plan and Policies CS 5, DM 8 and DM 9 of the LDF Core Strategy.

Refuse/Recycling Facilities

122. As a commercial premise, the refuse and recycling collection would be handled by the hotel management team. The submitted plans show a dedicated area for the storage of bins towards the rear of the proposed hotel building. Plans have also been provided to demonstrate that a refuse vehicle can safely enter and leave the site in forward gear. It is considered that the provision of refuse/recycling facilities would be adequate, and that the proposed collection point from within the on-site car park would not prejudice the highway network.

Flooding and Surface Water Drainage   

Flooding 

123. Paragraph 163 of the NPPF states that “When determining any planning applications, local planning authorities should ensure that flood risk is not

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increased elsewhere. Where appropriate, applications should be supported by a site-specific flood-risk assessment”. It also says that “Development should only be allowed in areas at risk of flooding where, in the light of this assessment (and the sequential and exception tests, as applicable) it can be demonstrated that: a) Within the site, the most vulnerable development is located in areas of lowest flood risk, unless there are overriding reasons to prefer a different location; b) The development is appropriately flood resistant and resilient; c) It incorporates sustainable drainage systems, unless there is clear evidence that this would be inappropriate; d) Any residual risk can be safely managed; and e) Safe access and escape routes are included where appropriate, as part of an agreed emergency plan.”

124. Paragraph 158 of the NPPF refers to the Sequential Test and states that “The aim of the sequential test is to steer new development to areas with the lowest risk of flooding. Development should not be allocated or permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower risk of flooding. The strategic flood risk assessment will provide the basis for applying this test. The sequential approach should be used in areas known to be at risk now or in the future from any form of flooding.”

125. Policy 5.12 of the London Plan stipulates that development proposals should comply with the flood risk assessment and management requirements set out in the NPPF, and the associated technical Guidance on flood risk over the lifetime of the development.

126. The application site falls within Fluvial Flood Risk Zones 1 and 2. Upon the request of Officers, a Sequential Assessment was submitted by the applicant. In accordance with the NPPG, the parameters of the sequential test was agreed with the Council prior to its completion. The Sequential Assessment report states three potential sites were identified: 1) Doris Venner Youth Centre, The Manor Drive, Worcester Park; 2) Land adjacent to Worcester Park Station, Malden Road; and 3) 1-9 Windsor Road and 81-85 Central Road. The report concludes that sites 1 and 2 would be of an insufficient size to accommodate the proposed development, and site 3 lies wholly within Flood Zone 2 and would therefore be at the same risk of flooding as the application site.

127. The NPPF, in conjunction with the NPPG, advises that an Exception Test would not be required for ‘more vulnerable’ uses (this classification includes hotels) in Flood Zone 2. It is considered that the applicant has satisfied both elements of the flooding test. The flood risk and drainage would be appropriately mitigated on-site, and this is set out in the Flood Risk Assessment and Drainage Strategy. It should be noted that the proposed development would not include a basement,

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and the proposed hotel bedrooms would be located on first floor level and above.

128. The Flood Risk Assessment has been reviewed by the Council’s Flood Risk Officer and no objection has been raised, subject to recommended conditions.  

Drainage Strategy  

129. Policy 5.13 of the London Plan seeks to ensure that development proposals utilise sustainable urban design systems (SUDS) unless there are practical reasons for not doing so, and should aim to achieve greenfield run-off rates and ensure that surface water run-off is managed as close to its source as possible in line with the following drainage hierarchy:

 

1. Store rainwater for later use 2. Use infiltration techniques, such as porous surfaces in non-clay areas 3. Attenuate rainwater in ponds open water feature for gradual release 4. Attenuate rainwater direct to a watercourse 5. Discharge rainwater direct to a watercourse 6. Discharge rainwater to a sewer/drain 7. Discharge rainwater to the combined sewer 

 

130. Paragraph 3.4.9 of the London Plan Sustainable Design and Construction SPG recognises that there may be situations where it is not appropriate to discharge at greenfield runoff rates. In these situations, the SPG advises that an appropriate minimum discharge rate would be 5 litres per second per outfall.

131. Paragraph 3.4.10 of the SPG states that on previously developed sites, runoff rates should not be more than three times the calculated greenfield rate. The only exception to this, where greater discharge rates may be acceptable are where a pumped discharge would be required to meet the standards, or where surface water drainage is to tidal waters and therefore would be able to discharge at unrestricted rates provided unacceptable scour would not result.

132. The greenfield runoff rate of the site is 1.2 litres per second per outfall in a 100 year return period. During the course of this application, a revised Flood Risk Assessment and Drainage was submitted to demonstrate that the maximum discharge rate would be 3.6 litres per second per outfall, in accordance with the London Plan Sustainable Design and Construction SPG.

133. The existing site discharges surface water, unattenuated, into the existing public sewer system. The proposed development would continue to discharge to the public storm sewer with the attenuation tanks storage being provided in the rear car park. The proposed attenuation storage has been sized to contain the 1 in 100 year +40% event without flooding. An allowance of a 40% increase in rainfall

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intensity has also been made within the submitted attenuation design calculations to mitigate against the uncertainties of climate change.

134. The submitted Flood Risk Assessment and Drainage Strategy has been assessed by the Council’s Flood Risk Officer, and subject to the imposition of planning conditions, no objection is raised. Thames Water was consulted as part of the application process and raised no objection, subject to conditions.

135. In light of the above, it is considered that the proposed development would not be at an adverse risk from flooding or significantly increase surface water runoff. This would be compliant with policies 5.12 and 5.13 of the London Plan and the objectives of the London Plan Sustainable Design and Construction SPG.

Energy Conservation and Sustainability 

 

Policy context  

136. Paragraph 148 of the NPPF states that the planning system should support the transition to a low carbon future in a changing climate, taking full account of flood risk and coastal change. It should help to: shape places in ways that contribute to radical reductions in greenhouse gas emissions, minimise vulnerability and improve resilience; encourage the reuse of existing resources, including the conversion of existing buildings; and support renewable and low carbon energy and associated infrastructure.

137. Policy 5.1 of the London Plan states that there is an aim to achieve an overall reduction in London’s carbon dioxide emissions of 60 percent (below 1990 levels) by 2025. Furthermore, Policy 5.2 states that development proposals should make the fullest contribution to minimising carbon dioxide emissions in accordance with the following points; use less energy, supply energy efficiently, use renewable energy.

138. Policy 5.3 states that the highest standards of sustainable design and construction should be achieved in London to improve the environmental performance of new developments and to adapt to the effects of climate change over their lifetime. Development proposals should also demonstrate that sustainable design standards are integral to the proposal, including its construction and operation, and ensure that they are considered at the beginning of the design process.

139. Policy DM1 of the Core Strategy states that where appropriate, all new non-residential aspects of developments over 500m2 of floor space are encouraged to achieve BREEAM ‘Outstanding’ levels.

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140. Policy DM3 states that design proposals should incorporate climate change

adaptation measures based on the type and extent of the main changes expected in the local climate throughout the lifetime of the development, this is likely to require a flexible design that can be adapted to accommodate the changing climate, e.g. provision of additional shading or cooling. Where relevant, development proposals will need to take into consideration the requirements for climate change adaptation in the following ways: • Design of streets and siting of buildings; • Incorporation of green and blue infrastructure; • Building density; and • Reduction of potable water consumption. • All developments should provide communal or private spaces for residents

and the community that: • Ameliorate the urban heat island effect; • Provide flooding attenuation if required; and • Increase biodiversity.

141. Where it is not possible to meet the standards, compelling reasons must demonstrate that achieving the sustainability standards outlined in Core Strategy Policies DM1 to DM3 would not be technically feasible or economically viable, the Council will negotiate planning contributions with developers to fund other methods to offset the environmental impact of the development.  

 

Energy  

142. The submitted Pre-Assessment Report and Sustainability and Energy Strategy states that the proposed development would be targeting the BREEAM ‘Excellent’ rating. Whilst Officers acknowledge that this does not meet the requirements of Core Strategy Policies DM1-DM3, it is recognised that reaching ‘Outstanding’ rating can be difficult to achieve in some cases. In this case, the proposed energy strategy for the proposed development is based on the use of air source heat pumps. However, BREEAM does not allow the use of the updated Standard Assessment Procedure (SAP 10) emission factors in the Ene 01 calculations, meaning the proposed development would only achieve 6 Ene 01 credits instead of the minimum of 8 required for an ‘Outstanding’ rating.

143. On balance, it is considered that the evidence provided demonstrates that the applicant has sought to achieve good sustainability standards and practices, and that it would not be technically feasible for the proposal to achieve the BREEAM ‘Outstanding’ rating.

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144. Policy 5.2 of the London Plan sets out carbon reduction targets which apply to major development and requires non-domestic buildings to be zero carbon from the years 2019 to 2031. The purpose of these standards is to ensure proposals make the fullest contribution to minimising carbon dioxide emissions, in accordance with the Mayor’s energy hierarchy (i.e. be lean, be clean and be green).

145. The proposed development would achieve a total cumulative CO2 savings of 52.2% less than the baseline target. It has been agreed with the applicant that the shortfall (i.e. 47.8%) would be mitigated by a financial contribution. The Council’s Carbon Off-Setting Fund Guidance 2017 sets out that a financial contribution should be calculated on the basis of £60/tonne x CO2 shortfall in tonnes x 30 years.

146. The submitted Sustainability and Energy Strategy includes a map illustrating that the application site is not located in the vicinity of any existing or potential district heat network. Records also show that the site is not located within a District Heating Network (as identified on the London Heat Map), nor a District Heating Network Area (as defined in Policy DM2 of the Core Strategy). Officers accept that no further percentage reduction in CO2 is achievable, in this respect, as there is no district heat network that the scheme could connect with.

 

Overheating/Cooling 

147. In accordance with Policy 5.9 of the London Plan and the GLA’s Cooling Hierarchy, a number of design measures would be incorporated into the proposed development in order to reduce energy demand. These measures would include: • Space heating/cooling via zonal Variable Refrigerant Flow (VRF) fan-coil units

connected to the air source heat pumps; • High efficiency glazing and lighting with appropriate controls; • Mechanical ventilation units that would incorporate high efficiency heat recovery

systems to minimise the ventilation heat losses and fan energy consumption; • Sub-metering and low energy local controls; and • Improved fabric performance standards beyond the Part L2A requirements for

‘notional’ building

148. The proposed development is considered to be acceptable in terms of sustainability, and would comply with national, regional and local planning policy and guidance. In the event that this application is approved, a condition would be secured ensuring that the development achieves a BREEAM ‘Excellent’ rating, and the relevant Building Regulation targets.

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Ecology/ Biodiversity 

149. Policy 7.19 of the London Plan states that wherever possible development

proposals should be planning for nature from the beginning of the development process and taking opportunities for positive gains for nature through the layout, design and materials of development proposals and that development should make a positive contribution to the protection, enhancement, creation and management of biodiversity.

150. Policy DM6 of the Core Strategy states that new developments should protect and promote biodiversity as part of sustainable design through the inclusion of sustainable drainage, tree planting, soft landscaping, habitat enhancement, green roofs and new or improved semi-natural habitats, where appropriate. The policy goes on to say that the Council requires an ecological assessment on major development proposals, or where a site contains or is next to significant areas of habitat or wildlife potential.

151. The site is not subject to any statutory or non-statutory nature conservation designations.

152. A Preliminary Ecological Appraisal, prepared by The Ecology Consultancy, was accompanied with this application. It states that, at the time of the survey, the site mainly comprise hardstanding and buildings with smaller areas of scrub and trees. (Regrettably, in February of this year the Public House building at the site was destroyed by a fire).

153. The Appraisal goes on to describe the surrounding area as consisting largely of residential areas, with the nearest area of open green space is Worcester Park Cricket Club and Athletic Club 100 metres to the east. Officers note that the site is also directly adjacent to Malden Green, which is a designated Local Open Space and a Greenspace Information for London Habitat.

154. As part of the proposed works, the areas of shrub at the site would be removed and 12 trees would be felled. The Ecological Appraisal concludes that the shrub is a common habitat and its loss would not pose any particular constraints in relation to the intrinsic value of habitats. It advises that the removal of any shrub and trees should be carried outside of the main bird breeding season (i.e. September to February inclusive). If this application is approved, an informative would be secured advising the applicant of this matter.

155. The former Public House building was assessed as having a ‘moderate’ potential to support roosting bats, due to the presence of suitable roosting features. However, given that this building was destroyed by a fire, there would be no requirement for the applicant to provide the further bat surveys recommended in

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the Preliminary Ecological Appraisal.

156. In accordance with paragraph 175 d) of the NPPF, a number of biodiversity enhancements are recommended within the Preliminary Ecological Appraisal. These include: avoidance of the use of invasive species listed on Schedule 9 of the Wildlife and Countryside Act 1981 (as amended); the possibility of areas of biodiverse/biosolar roof on the flat roof area of the proposed building; the use of native tree and scrub; and incorporation of bird nesting boxes. An ecological enhancement scheme, outlining the full details of the proposed enhancements, would be secured via condition.

157. On the above basis, it is considered that the proposed development would not have an adverse impact upon biodiversity (including protected species). This is subject to a condition securing the above biodiversity enhancements. As such, the proposal would be in accordance with Policy 7.19 of the London Plan and Policy DM6 of the Core Strategy.

Land Contamination 

158. Paragraph 180 of the NPPF states that planning policies and decisions should ensure that new development is appropriate for its location taking into account the likely effects (including cumulative effects) of pollution on health, living conditions and the natural environment, as well as the potential sensitivity of the site or the wider area to impacts that could arise from the development. Paragraph 181 goes on to add that planning policies and decisions should sustain and contribute towards compliance with relevant limit values or national objectives for pollutants.

159. The applicant has not submitted a desk study and preliminary risk assessment with this application. In the event of approval, a condition would be secured requiring this report to be submitted and approved by the Council prior to the commencement of any development. If contamination is identified, a remediation strategy and verification report will be required.

Legal Agreements

160. Policy IMP3 of the Core Strategy 2012 states that the Council will use Planning Obligations to secure financial contributions to meet on and off site requirements which are required to support and mitigate the impacts of the development in accordance with the Council’s Planning Obligations SPD March 2017.

161. As of the 1st November 2015 the Council commenced the operation of a Community Infrastructure Levy (CIL) as a means of collecting monies to provide local infrastructure to offset the impact of developments. This replaced the S106 mechanism for collecting contributions for local 47 48 infrastructure e.g.

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education and health with the exception of affordable housing. For the avoidance of doubt S106 contributions can only be collected to resolve site specific issues as a result of the proposed development.

162. In the event that site-specific exclusions are identified, they would be subject to statutory tests set out under Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended).

163. In relation to this application, the following site specific financial and infrastructure contributions are required to mitigate the adverse impacts of the development:

● Carbon Off-Setting Fund - £86,040 ● The Council’s consultation with local residents on the need for a

Controlled Parking Zone (CPZ) - £5,000 (payment to be made on the commencement of development)

● A financial contribution towards a Traffic Management Order to impose parking restrictions for the proposed short stay parking bays on Park Terrace - £1,500

● The Council’s cost for setting up the CPZ and Traffic Management Order (TMO), in the event that local residents support a CPZ - £25,000 (contribution to be made within 2 months of the request being received by the Council)

● Highway works required to facilitate the development by way of S.278 works to include reconfiguration and resurfacing of Park Terrace, and the resurfacing/re-paving of the footway on Park Terrace to the junction with The Avenue.

164. Subject to the completion of the Section 106 and Section 278 legal agreements,

as set out above, the proposal is considered to comply with Policy IMP3 of the Core Strategy 2012.

Equalities Duties Implications

165. In determining this application the Council is required to have regard to its

obligations under the Equality Act 2010. The key equality protected characteristics include age, disability, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sexual orientation.

166. The equalities duty is not a duty to achieve a particular result. Some equalities considerations are covered under other legislation such as building control matters. Officers have in considering this application and preparing this report had regard to the public sector equality duty and have concluded that due regard has been given 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

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its duties.

Conclusion

167. The proposed hotel use within close proximity to the Worcester District Centre and Worcester Park Railway Station, is considered acceptable in land use terms. The loss of the existing A4 use is also considered acceptable as sufficient evidence has been provided by the applicant to demonstrate that this use is no longer viable. Community facilities would be re-provided as part of the proposal in the form of a meeting room available for hire by local community groups, and a café bar available for hotel guests and the public. The proposal is thus considered to be in accordance with Policies 2.7 and 4.5 of the London Plan, and Policies CS 11, DM 18 and DM 24 of the Core Strategy.

168. Following receipt of revised drawings, it is considered that, although higher than

surrounding development, the proposed development would complement the character of the area, in terms of scale, massing and height. The proposed active frontage facing Malden Green would create an attractive environment, which would also be of benefit to the wider public realm. The applicant has successfully addressed the comments raised by the Council and Design Review Panel in order to deliver a high quality form of development. This would be compliant with Policies 7.4 and 7.6 of the London Plan and Policies CS 8, DM5, DM10 and DM11.

169. The proposed development would provide 40 car parking spaces (included disabled spaces). The submitted Transport Statement states that the proposed development would not cause severe residual transport impact, in terms of either road safety or capacity. No objection has been raised by the Council’s Highways Officer, subject to recommended conditions, and S.106/S.278 legal agreements.

170. The proposal would not result in a significant adverse impact upon neighbouring

residential amenity, subject to conditions. The proposed development would be energy efficient with an emphasis on the reduction of carbon emissions. Also, the application would be of an inclusive design and includes disabled car parking spaces and wheelchair accessible rooms.

171. The proposal is therefore considered to be acceptable, having regard to the relevant planning policy and guidance. Officers therefore recommend the application for approval subject to conditions and the completion of a S.106 and S.278 legal agreements.

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RECOMMENDATION

172. Approve subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) and Section 278 of the Highways Act 1980, as specified in the above legal agreements section, and the following condition(s) and to delegate to the Head of Planning any consequent changes to conditions (including to comply with the Section 106 obligations and Section 278 legal agreement):

1 Commencement

The development hereby permitted shall begin before 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 by the Planning and Compulsory Purchase Act 2004

2 Approved plans

The development hereby approved shall be carried out in accordance with the following approved plans: Approved plans: WPT-A-P-00-001 Rev A, WPT-A-P-00-003 Rev A, 2372-1002, 2372 - 1003, 2372 - 1004, WPT-A-P-00-002 Rev B, WPT-A-P-00-010 Rev C, WPT-A-P-00-110 Rev B, WPT-A-P-00-210 Rev B, WPT-A-P-00-310 Rev B, WPT-A-P-00-410 Rev B, WPT-A-P-00-510 Rev B, WPT-A-P-00-610 Rev B, WPT-A-P-00-X01 Rev B, WPT-A-P-00-X05 Rev B, WPT-A-P-00-X06 Rev B, WPT-A-P-00-X10 Rev B, WPT-A-P-00-X15 Rev C, WPT-A-P-00-X16 Rev D, WPT-A-P-00-X17 Rev C, WPT-A-P-00-X18 Rev C, WPT-A-P-00-X19 Rev C, WPT-A-P-00-X20 Rev C and 6887-D-AIA Rev A, 172826/SK/02 Approved supporting documents: Planning Statement (dated January 2019), Design and Access Statement (dated January 2019), Statement of Community Involvement (dated January 2019), Verified Photomontages: Methodology and Supporting Evidence (dated July 2019), Flood Risk Assessment and Drainage Strategy Rev C (dated 10/05/19), Flood Risk Sequential Assessment (dated July 2019), Tree Survey, Arboricultural Impact Assessment Preliminary Arboricultural Method Statement and Tree Protection Plan (Rev C dated 10/05/2019), Transport Statement (dated December

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2018 and updated in July 2019), BREEAM New Construction 2014: Pre-Assessment Report (dated 23/01/2019), Sustainability Energy Strategy (dated 11/12/2018), BREEAM New Construction (2014) Assessment (dated 18/01/2019), Preliminary Ecological Appraisal/Report (dated 29/11/2018), Daylight and Sunlight Report (dated 04/02/2019), Acoustics Environmental Noise Survey Revision 02 (dated 14/01/2019) REASON: To comply with Section 70(1)(a) of the Town and Country Act 1990 as amended and the Reason for Grant and also for the avoidance of doubt and in the interest of proper planning.

3 Detailed drawings

Full detailed drawings at a scale of 1:20 of openings including windows, doors and other openings, the ground floor elevations, roof level elevations and plans including plant enclosure shall be submitted to and approved in writing by the Local Planning Authority before any above ground works on site are commenced. The development shall be carried out in accordance with the approved plans.

REASON: The details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure a satisfactory appearance on completion of the development in accordance with Policy DM10 of the LDF Core Strategy Adopted April 2012.

4 Sample materials

A sample of the external facing materials, windows, doors and hard landscaping to be utilised in the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before any above ground works on site are commenced. The development shall then be built in accordance with these approved samples. REASON: To ensure a satisfactory appearance on completion of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

5 Construction Logistics Plan

No development shall take place until a Construction Logistics Plan (CLP) has been submitted to and approved in writing by the Local Planning Authority. The CLP shall set out the measures proposed to ensure construction will be undertaken in a manner which does not cause harm to the amenity of nearby occupiers, pedestrian or highway safety and shall include:

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(a) Provision for loading/unloading materials. (b) Storage of plant, materials and operatives vehicles. (c) Temporary site access. (d) Signing system for works traffic. (e) Measures for the laying of dust, suppression of noise and abatement of other nuisance arising from development works. (f) Location of all ancillary site buildings. (g) Measures to protect any tree, shrubbery and other landscape features to be retained on the site during the course of development. (h) Means of enclosure of the site. (i) Wheel washing equipment. (j) The parking of vehicles of the site operatives and visitors (k) The erection and maintenance of security hoarding. (l) A scheme for recycling/disposing of waste resulting from demolition and construction works. The development shall be carried out strictly in accordance with the approved CLP throughout the construction period. REASON: The relevant works would take place at the beginning of the construction phase and in order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policy DM10 of the LDF Core Strategy Adopted April 2012.

6 Construction Management Plan

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

The Construction Management Plan shall include:

● Construction details of the hotel building ● Setting out delivery vehicle management, to include timings and

stacking capacity ● A commitment that no construction related deliveries to the site will

be undertaken during peak periods (08:00 - 09:00 and 16:30 - 18:00);

● Information on Origin & Destination (O&D) (i.e. muck away, concrete, vehicle class and frequencies etc);

● Use of a delivery booking system to ensure vehicles can be

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accommodated on site; ● Plans highlighting the allocation of holding and utility areas for the

construction vehicles, to prevent any vehicles which cannot be accommodated on site from waiting on the surrounding roads; and

● Advance notice on when cranes and hoardings will be arriving on site and also information on advance utility routing and requirements, for the purposes of traffic management.

Reason: The relevant works would take place at the beginning of the construction phase and in order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

7 Construction Environmental Management Plan

Prior to the commencement of the development, a Construction Environmental Management Plan outlining the mitigation measures to minimise release of dust entering the atmosphere or being deposited on nearby receptors, particularly during construction activities, shall be submitted to and approved in writing by the Local Planning Authority. The plan will need to consider mitigation measures designed to limit emissions from vehicles used in connection with the development, including the use of low emission plant and vehicles (ideally Euro V emission standard or better) fitted with catalysts, diesel particulate filters or similar devices in respect of both on road and off road vehicles and plant.

The development shall be carried out strictly in accordance with the details so approved and no change therefrom shall take place without the prior written consent of the Local Planning Authority. REASON: The relevant works would take place at the beginning of the construction phase and in the interests of sustainability and energy conservation as set out in Policies 5.2 and 5.3 of the London Plan (July 2011) and Policy DM1 of the LDF Core Strategy Adopted April 2012

8 Delivery and Servicing Management Plan

Prior to the occupation of the development hereby approved, a Delivery and Servicing Management Plan shall be submitted to and approved by the Local Planning Authority. The scheme shall include the following details:

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a) how delivery vehicles and servicing will be managed at the sites; b) the hours of deliveries and servicing; c) how deliveries will be controlled to ensure the development does not

adversely affect the highway; d) an explanation of the controls on the types and sizes of vehicles accessing

the site to ensure they are appropriate to the local area and environmentally acceptable in terms of exhaust and noise emissions

The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interests of highway safety and to ensure that the proposed development does not prejudice the free flow of traffic or conditions of general safety on adjoining highways and that adequate servicing and manoeuvring provision is made in accordance with Policies DM9 and Policy DM10 of the LDF Core Strategy Adopted April 2012.

9 Car and Coach Management Plan

Prior to the occupation of the development hereby approved, a Car and Coach Management Plan shall be submitted to and approved by the Local Planning Authority. The scheme shall include the following details:

a) How car and coach parking will be allocated; b) How the car and coach booking system will be implemented; c) How the car parking will be suspended to facilitate coach parking; d) Measures to ensure coaches book at least 1 week in advance prior to

arriving on-site; e) The maximum duration of time that a coach will be parked at the site; f) How coaches and cars will be managed; g) The use of any signage; h) How will the electric charging points be managed i) Outline any off-site reimbursement schemes

REASON: In the interests of highway safety and to ensure that the proposed development does not prejudice the free flow of traffic or conditions of general safety on adjoining highways and that adequate parking and manoeuvring provision is made in accordance with Policies DM9 and Policy DM10 of the LDF Core Strategy Adopted April 2012.

10 Hotel Management Plan

Prior to occupation of the development hereby approved, a Hotel Management Plan shall be submitted and approved in writing by the Local Planning Authority. The Hotel Management Plan shall include the following

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information: a) Results of the Security Needs Assessment for the proposed development; b) Hotel staff training on safety and security matters; c) Security measures that would be adopted by the hotel, e.g. CCTV, security gates and rails, lighting, marked bays, alarmed doors and lockable doors for proposed cycle storage; d) Complaint recording and complaint handling procedures; e) Maximum length of stay being limited to 90 consecutive days in any 12 month period and measures to ensure that visitor accommodation is not permanently occupied; f) Emergency evacuation procedures for disabled guests. The development shall be carried out strictly in accordance with the details so approved and no change therefrom shall take place without the prior written consent of the Local Planning Authority. REASON: To safeguard the amenities of neighbouring occupiers and future guests of the proposed hotel, in accordance with Policy DM10 of the LDF Core Strategy Adopted April 2012.

11 Air Quality Assessment

A detailed air quality impact assessment must be undertaken and submitted to the planning authority for approval, prior to the commencement of construction works. The development shall only be implemented in accordance with the details and measures approved as part of the air quality assessment. REASON: To ensure that the proposed development would not have an adverse impact, in terms of air pollution, and in order to comply with the aims and objectives of Policy 5.2 of the London Plan and Policies CS1 and DM1 of the LDF Core Strategy Adopted April 2012.

12 Construction Hours

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

REASON: To safeguard the amenities of the adjoining residential occupiers in

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accordance with Policy DM10 of the LDF Core Strategy Adopted April 2012.

13 No burning of waste

The burning of any waste arising from any works associated with the development hereby approved is prohibited on site.

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

14 Plant and Machinery details

Prior to the occupation of the development hereby permitted, full specification details of any plant or machinery (including kitchen extraction equipment) shall be submitted to and approved in writing by the Local Planning Authority. The

Reason: In the interests of the residential amenities of the area in accordance with Policy DM10 of the LDF Core Strategy Adopted April 2012.

15 Noise of plant equipment

The rating level of any noise generated by the cumulative sound emissions of the building services plant equipment hereby permitted shall be at least 5dBA lower than the existing background noise level at any given time of operation. The noise levels shall be determined 1 metre externally to any window at the nearest residential façade. Measurements and assessment shall be carried out in accordance with British Standard BS4142: 2014 Methods for rating and assessing industrial and commercial sound. REASON: To safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the LDF Core Strategy Adopted April 2012.

16 Hotel bedroom noise levels

The hotel bedrooms hereby permitted shall be designed to ensure that the following internal noise levels are not exceeded due to environmental noise:

Daytime (07:00-23:00 hours) hour less than or equal to 35 dB LAeq, 16hr Night-time (23:00-07:00 hours) hour less than or equal to 30 dB LAeq, 8hr, less than or equal to 45 dB LAmax, T

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The maximum criterion applies to all current and reasonably foreseeable sources of noise including that associated with commercial and industrial neighbouring premises. Genuinely infrequent and unpredictable sources such as sirens, car alarms or other uncharacteristic events occurring no more than five times a night are excluded. REASON: To ensure that the occupiers and users of the development do not suffer a loss of amenity and the existing operations of the surrounding businesses are not prejudiced.

17 Detailed drainage design

Prior to the commencement of groundworks (excluding site investigations and demolition), the following details shall be submitted for approval by the Lead Local Flood Authority:

a) A final detailed drainage design including drawings, supporting calculations and an updated Drainage Assessment Form, in alignment with the with the approved Flood Risk Assessment and Drainage Strategy Rev C (dated 10/05/2019 ) and associated drawings;

b) Evidence to demonstrate that efforts have been made to include above ground SuDS features into any landscaped areas of the site;

c) Evidence to show whether infiltration is viable on the site; d) A detailed management plan confirming routine maintenance tasks for all

drainage components including how the drainage system is to be maintained for the lifetime of the development

e) Identification of the owner of the drainage management plan REASON: To prevent the risk of flooding to and from the site in accordance with relevant policy requirements including but not limited to London Plan Policy 5.13, its associated Sustainable Design and Construction SPG, the Non-Statutory Technical Standards for Sustainable Drainage Systems and Kingston Council’s Local Plan Policy DM4.

18 Evidence of sustainable drainage scheme

No building hereby permitted shall be occupied until evidence (photographs and installation contracts) is submitted to demonstrate that the sustainable drainage scheme for the site has been completed in accordance with the submitted details. The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan for all of the proposed drainage components.

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REASON: To comply with the Non-Statutory Technical Standards for Sustainable Drainage Systems, the National Planning Policy Framework (Paragraph 103), the London Plan (Policies 5.12 and 5.13) along with associated guidance to these policies and Kingston Council’s Local Plan Policy DM4.

19 Contamination

No development shall take place until an investigation and risk assessment, in addition to any assessment provided with the planning application, and has been completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme should be submitted to and be approved in writing by the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings 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, • groundwaters and surface waters, • ecological systems, • archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11 Reason: To ensure that risks from land contamination is understood prior to works on site both during the construction phase to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies DM10.

20 Landscaping Management Plan

Notwithstanding the submitted details, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority prior to occupation of the development hereby permitted. The scheme shall include the following details: a) existing and proposed underground services and their relationship to both hard

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and soft landscaping; b) soft plantings: including grass areas, shrub and herbaceous areas; c) enclosures and boundary treatment: including types, dimensions and treatments of walls, fences, screen walls, barriers, rails, and retaining walls; d) hard landscaping: including ground surfaces, kerbs, edges, ridge and flexible pavings, unit paving, furniture, steps and if applicable synthetic surfaces; e) inclusive design principles adopted in the landscaped features; f) bird and bat boxes; and g) any other landscaping feature(s) forming part of the scheme. All landscaping in accordance with the approved scheme shall be completed / planted during the first planting season following practical completion of the relevant phase of the development hereby approved in accordance with the approved planting phase. The landscaping and tree planting shall have a two-year maintenance / watering provision following planting and any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of completion of the development shall be replaced with the same species or an approved alternative to the satisfaction of the Local Planning Authority within the next planting season. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interest of biodiversity, sustainability and to ensure that a satisfactory standard of visual amenity is provided and maintained in accordance with Policies DM 6 and DM10 of the adopted LDF Core Strategy.

21 Arboricultural Impact Assessment Preliminary Arboricultural Method Statement and Tree Protection Plan

The development hereby approved shall be carried out strictly in accordance with the approved Arboricultural Impact Assessment Preliminary Arboricultural Method Statement and Tree Protection Plan drawing number 6887-D-AIA-A hereby approved. No change therefrom shall take place without the prior written consent of the Local Planning Authority. Reason: In the interest of biodiversity in accordance with Policies DM 6 and DM10 of the adopted LDF Core Strategy.

22 Biodiversity enhancements

Prior to damp proof course level of the development hereby approved, an Ecological Enhancement Scheme shall be submitted and approved in writing by the Local Planning Authority. The scheme shall include details of the features to

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be enhanced, recreated and managed for species both in the course of development and in the future. The scheme shall be carried out prior to the occupation of any part of the development and shall be retained in perpetuity. REASON: To enhance ecological interest in accordance with the NPPF and Policies DM 6 of the adopted LDF Core Strategy.

23 Energy efficiency

The energy efficiency measures as outlined within the approved Energy Statement which shall provide for no less than a 52.2% on-site total C02 reduction (regulated and unregulated emissions) in comparison with total emissions from a building which complies with Building Regulations 2013 shall be installed and operational prior to the first occupation of the development. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON; In the interests of sustainability and energy conservation in accordance with Policies 5.2 and 5.3 of the London Plan and Policy DM1 of the adopted LDF Core Strategy Adopted April 2012.

24 BREEAM (Pre-development)

Within 3 months of work commencing on site, a copy of a letter from a person that is licensed with the Building Research Establishment (BRE) (or equivalent) confirming that the development is registered with BRE under BREEAM, and a Design Stage Assessment Report showing that the development will achieve the agreed BREEAM rating (Excellent) has been submitted to and approved in writing by the Local Planning Authority. The submission shall also include evidence to show how the development will meet 35% emissions reduction from part L 2013 baseline. REASON: The relevant works would take place at the beginning of the construction phase and in the interests of sustainability and energy conservation as set out in Policies 5.2 and 5.3 of the London Plan (July 2011) and Policy DM1 of the LDF Core Strategy Adopted April 2012.

25 BREEAM (Post occupation)

Unless otherwise agreed in writing by the Local Planning Authority, within 3 months of first occupation of the development a Post-Construction Review Certificate issued by the Building Research Establishment or other equivalent assessors confirming that the development has achieved the agreed BREEAM

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rating of ‘Excellence’ shall be submitted to and acknowledged in writing by the Local Planning Authority. The submission shall also include confirmation that the development has met 35% emissions reduction from part L 2013 baseline. REASON: In the interests of sustainability and energy conservation in accordance with Policies 5.2 and 5.3 of the London Plan and Policy DM1 of the LDF Core Strategy Adopted 2012.

26 Lighting details

Prior to damp proof course level of the development hereby permitted, details of external lighting (including full specification of all luminaries, lamps and support structures) shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of the development hereby permitted, the external lighting shall be installed and operational in accordance with the approved details and retained in perpetuity.

REASON: In order that the lighting shall not cause a nuisance to nearby occupiers or be a source of danger to road users in accordance with Policy DM10 of the LDF Core Strategy Adopted April 2012.

27 Parking

The car parking, servicing and manoeuvring areas shown on the approved drawings shall be provided with a hard bound, dust-free surface, adequately drained before the development to which it relates is occupied and thereafter it shall be kept free from obstruction at all times for use by the occupier of the development and shall not thereafter be used for any purpose other than the parking of vehicles for the occupiers of the development and visitors to it. REASON: To ensure the provision of adequate off-street parking accommodation and to avoid the congestion of surrounding roads by parked vehicles in accordance with Policy DM10 of the LDF Core Strategy Adopted April 2012.

28 Electric vehicle charging points

The 12 Electric Vehicle Charging Points as shown on the approved plans shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times. REASON: To ensure the provision of satisfactory cycle storage facilities and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012.

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29 Cycle parking

Notwithstanding the approved drawings, the development hereby permitted shall not be occupied until details of secure cycle parking facilities for the staff of, and visitors to, the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times. REASON: To ensure the provision of satisfactory cycle storage facilities and in the interests of highway safety in accordance with Policy DM8 of the LDF Core Strategy Adopted April 2012.

30 Details of buildings, roads, parking areas and pathways

The level of buildings, roads, parking areas and pathways within the site shall only be in accordance with details which shall have previously been submitted to and approved in writing by the Local Planning Authority before the development is commenced. REASON: The details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure that the appearance and functioning of the development is satisfactory and to safeguard the amenities of adjoining occupiers in accordance with Policy DM10 of the LDF Core Strategy Adopted April 2012 and comply with Supplementary Planning Document ‘Access for All’ (July 2005)

31 Obscure glazing

Prior to the occupation of the development hereby permitted, the proposed hotel bedroom windows in the side elevation facing Mercury House, Park Terrace, Worcester Park as shown on drawing number WPT-A-P-00-X16 Rev D shall be constructed so that the framework/glazing less than 1.7 metres above finished floor level shall be non-opening and obscure glazed to a minimum of level 3 on the standard scale. Any film used to achieve the requisite obscurity level shall be non-perishable and tamper-proof, and shall be replaced immediately in the event that it ceases to result in obscurity to level 3. REASON: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with Policy DM10 of the LDF Core Strategy Adopted April 2012.

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32 Inclusive Design

The development hereby permitted shall not be occupied until 4 disabled car parking spaces and 12 wheelchair accessible rooms have been provided as shown on approved drawing numbers WPT-A-P-00-010 Rev C WPT-A-P-00-210 Rev B, WPT-A-P-00-310 Rev B, WPT-A-P-00-410 Rev B. Thereafter the development shall be retained/maintained in accordance with these details for as long as the development remains in existence. REASON: To ensure that the development does not exclude wheelchair users from the use and enjoyment of the site, in accordance with the Policy DM10 of the LDF Core Strategy Adopted 2012 and the objectives of Policies 4.5 and 7.2 of the London Plan (March 2016).

33 Hours of operation for restaurant and cafe bar

With the exception of hotel residents, the ground floor ancillary restaurant and café bar hereby approved shall not be open to the general public except between the hours of 06:00 am and 12:00am Mondays to Sundays. REASON: To ensure that the operation of the bar and restaurant does not unduly impact on residential amenity, in accordance with Policy DM10 of the adopted LDF Core Strategy.

INFORMATIVES

1. The applicant is advised that the proposed trees to be felled and clearance of shrubs in association with the approved scheme shall be carried out outside of the bird nesting season which runs from March to September inclusive.

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

3. The development approved by this planning permission will be liable to pay Kingston CIL which is presently set at £20/sqm of development; and the Mayoral of London’s CIL (MCIL) which is presently set at £35/sqm of development.

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Payment will be due once the owner/developer serves a development Commencement Notice on the Council, and a payment Demand Notice has been received by the owner. Failure to submit a Commencement Notice will incur a surcharge of 20% of the chargeable amount or £2,500, whichever is the lower amount. When you have discharged all pre-commencement conditions the Council will issue a Liability Notice to the owner setting out the MCIL calculation. Accompanying the Liability Notice will be a blank Commencement Notice and if necessary a blank Assumption of Liability form, both of which need to be completed and returned to the Council prior to development commencing. A failure to do so will incur a surcharge. Should you have any questions in respect of the contents of this letter or the MCIL more generally, please contact the Council's Contact Centre by email mcil@rbk.kingston.gov.uk or phone 0208 547 5002.

4. The applicant's attention is drawn to the guidelines from the Environmental Health Service regarding possible environmental nuisance caused by the development at the following website location: http://www.kingston.gov.uk/info/200193/environmental_health.

5. The applicant should ensure that the layout of the premises complies with

statutory requirements in relation to Health and Safety and Food Safety if refreshments or food is available The applicant should consult with the Environmental Health Service to ensure that the layout of any food premises complies with statutory requirements and the Council's standards.

6. Waste: Infrastructure capacity problems are known or suspected, the developer will be required to finance an impact study. The developer will need to contact Thames Water to discuss the connection point for supply. There are a number of mains around this site which may or may not affect the water capacity requirements for this development. Please contact Developer Services on 0845 850 2777 to discuss this further.

7. When undertaking demolition and/or noisy building work, please be considerate to your neighbours and do not undertake work before 8am or after 6pm Monday to Friday, before 8am or after 1pm on a Saturday or at any time on Sundays or Bank Holidays.

8. You are advised that the Council does have formal powers to control noise and nuisance under The Control of Pollution Act 1974, the Clean Air Acts

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and other relevant legislation, and that any works undertaken which impact unreasonably upon the surrounding area may be subject to action by the Council's Environmental Health Department.

9. Your attention is drawn to the need to comply with the relevant provisions of the Building Regulations, the Building Acts and other related legislation. These cover such works as - the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings, installation of services, underpinning works, and fire safety/means of escape works. Notice of intention to demolish existing buildings must be given to the Council's Building Control Service at least 6 weeks before work starts. A completed application form together with detailed plans must be submitted for approval before any building work is commenced.

10.The Party Wall Act 1996 requires a building owner to notify, and obtain formal agreement from, any adjoining owner, where the building owner proposes to: - carry out work to an existing party wall; - build on the boundary with a neighbouring property; - in some circumstances, carry out groundwork's within 6 metres of an adjoining building.

11.Notification and agreements under this Act are the responsibility of the

building owner and are quite separate from Building Regulations, or Planning Controls. The Building Control Service will assume that an applicant has obtained any necessary agreements with the adjoining owner, and nothing said or implied by the Council should be taken as removing the necessity for the building owner to comply fully with the Party Wall Act. Further information and advice is to be found in "The Party Walls etc. Act 1996 - Explanatory Booklet".

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