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Location Garages Kelman Close London

Ward Larkhall Proposal Redevelopment of the site involving demolition of the existing garage

buildings and erection of a two-storey building (Block A) to accommodate a 2-bedroom house, two x 3-bedroom houses and a 2-bedroom live-work unit, and the erection of a two-storey building (Block B) to accommodate a 3-bedroom house along with landscaping, boundary treatment and a bin store.

Application Type Full Planning Permission Application No 06/02325/FUL/DC_ELA/37786 Applicant Mr David Snowden Agent Crawford Partnership - Mr A Crawford

1A Muswell Hill London N10 3TH

Date Valid 25 July 2006 Considerations Adjoins Sibella Road Conservation Area Approved Plans 2005/100/01/Rev.G, 2005/100/02/Rev.G, 2005/100/03/Rev.G,

2005/100/04/Rev.H, 2005/100/05/Rev.H, 2005/100/06/Rev.H, 2005/100/07/Rev.H, 2005/100/08/Rev.G, 2005/100/09/Rev.G, 2005/100/10/Rev.G, 2005/100/11/Rev.H, 2005/100/12/Rev.G, 2005/100/13/Rev.G, 2005/100/14/Rev.G, 2005/100/15/Rev.G, 2005/100/16/Rev.H, 2005/100/17/Rev.H, 2005/100/18/Rev.H, 2005/100/19/Rev.G, 2706/1 and Arboricultural Report by ACS Consulting (dated 17 November 2006).

Recommendation Grant Conditional Permission Subject to s.106

Agreement

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Officer Report 06/02325/FUL 1. Summary of Main Issues

1.1 The height, scale, bulk and design of the proposed development and its impact on

the setting of the Sibella Road Conservation Area.

1.2 The impact of the development on the living conditions of future occupiers of the adjoining site.

1.3 The acceptability of the proposal in respect to standard of the proposed

accommodation, traffic, parking congestion and highway safety.

1.4 Whether this revised proposal overcomes the reasons for refusal of the previous scheme (05/02340/FUL).

2 Site Description

2.1 The application property is roughly a rectangular shaped site comprising of

760sq.m. The site is accessed directly from Kelman Close, which is a cul-de-sac leading off Union Road. The site accommodates single-storey and double-height buildings and the existing floorspace of 370sq.m has been used in the past as stables, lock-up garages, storage and a vehicle repairs workshop.

2.2 The buildings are arranged around the perimeter of the site which shares a

boundary with a number of adjoining properties. Adjoining the north-west of the application site are the rear gardens of properties fronting Larkhall Rise. To the south-west are the rear gardens of properties fronting Sibella Road. These adjoining properties fall within the Sibella Road Conservation Area which surrounds, but does not include, the properties within Kelman Close.

2.3 North-east of the application site is the rear garden of 79 Union Road and directly

adjoining the property to the south-east is 1-2 Kelman Close and its garden area which shares the brick boundary wall with the application site. Neither of these properties or the application site lie within the Conservation Area.

2.4 The gardens to the Larkhall Rise and Sibella Road properties are characteristically

long and vegetated with mature trees. There are four trees located in close proximity to the north-western boundary of the site. Three of these are mature London Plane trees, with the largest being located directly adjacent to the rear boundary and within the garden of the ‘Garden Lodge’ to the rear of 3 Larkhall Rise. The fourth tree is a middle aged Oak and this is situated within the garden of 81 Union Road.

2.5 The topography of the site slopes from the rear down towards the main entrance of

Kelman Close.

2.6 The site is approximately ten minutes walk from both the Stockwell and Clapham North Underground Stations.

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3 Planning History

3.1 April 2003 - A planning application was withdrawn for the demolition of the existing

garages and erection of a two-storey building for use as a single-family dwelling at the north end of the site and the erection of a three-storey building to the centre of the site, comprising of six self-contained flats together with six on site parking spaces and associated landscaping (03/00416/FUL).

3.2 November 2003 - A planning application was again withdrawn for the demolition of

the existing garages and the erection of a two-storey 'C' shaped building to the south of the site, comprising of one live/work unit and four self-contained dwellings, along with the erection of a two-storey building for use as a live/work unit at the north end of the site. The application also suggested the provision of associated landscaping and three on site parking spaces (03/02373/FUL).

3.3 April 2004 - Planning permission refused for the part demolition of existing garages

and construction of two live/work units and four 2-bedroom dwellings including the provision of three car parking spaces and cycle parking (04/00685/FUL). The application was refused on the following grounds:

(i) Height and proximity to site boundaries would adversely affect the residential amenities of the occupiers of Garden Lodge, 3 Larkhall Rise.

(ii) Provision of substandard accommodation to the detriment of the amenities of future occupiers.

(iii) The site layout and proximity to three mature London Plane trees subject of Tree Preservation Orders would result in pressure from future occupants to carry out heavy pruning or removal of the trees, to the detriment of these trees of high public visual amenity value and to the character and appearance of the Sibella Road Conservation Area.

(iv) Design and materials would be detrimental to the character and appearance of the Sibella Road Conservation Area.

3.4 March 2006 - The Planning Applications Committee resolved to refuse the

redevelopment of the site, involving demolition of the existing garage buildings and erection of a three-storey prefabricated modular building (Block A) to accommodate four 1-bedroom flats and eight 2-bedroom flats and the erection of a part-one, part-three storey prefabricated modular building (Block B) to accommodate three 2-bedroom dwellings (100% affordable housing) along with landscaping, cycle storage and associated works (05/02340/FUL). Planning permission was to be refused on the following grounds:

(i) Height, bulk, scale, massing and over development of the site (ii) Overbearing impact on neighbouring properties. (iii) Design out of character with the area and inappropriate in its context (iv) Not convinced that the Tree Preservation Order trees will not be

compromised. Concerns also on the affect of future residents. (v) Affect on Conservation Area.

3.5 Subsequent to the Committee decision the applicant withdrew the application

before the decision notice was issued.

4 Scheme Details

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4.1 The applicant seeks to re-develop the site which will involve: - The demolition the existing garage buildings, - Erection of a two-storey building (Block A) to accommodate a 2-bedroom

house, two 3-bedroom houses and a 2-bedroom live-work unit, - Erection of a two-storey building (Block B) to accommodate a 3-bedroom

dwelling house, - Provision of a bin store, - Provision of boundary treatment and landscape design.

4.2 The three proposed houses within Block A will also have 6sq.m external lightwell

courtyards at ground floor level. The live-work unit will have a 13.4sq.m roof terrace at first floor level. The 3-bedroom dwelling house (Block B) will have a 23.5sq.m private rear yard. The communal open space (approx. 150sq.m) will be landscaped with a living wall structure and includes for planting and paving.

4.3 The development will be constructed from a variety of materials including brick, dark

and light wood horizontal boarding, glazing and grass roofs.

4.4 The development will be car-free, although cycle parking will be provided. Refuse and recycling storage will be finished with dark wood horizontal boarding. This store will be provided near the main entrance gate and accessed via doors directly from the public footway for collection.

4.5 The existing boundary walls are to be retained and raised in height with a timber

screen that would be fixed to the existing wall.

5 Consultation Responses

5.1 Letters of consultation were sent to: - 1-12 (cons) Kelman Close - The Yard, 7-10 Kelman Close - Office adjacent to the yard at 7-10 Kelman Close - 1-19 (odd) Sibella Road (all units) - 1-17 (odd) and 3 Garden Lodge, Larkhall Rise (all units) - 57-93 (odd), 80 and 84-92 (even) Union Road (all units) - 76 Bromfelde Road - P O Box 2342, Mutare, Manicaland, Zimbabwe - 12 Chelsham Road - 27 Gauden Road - 5 Camden Road - Councillor Peter Robbins - Clapham Society - Clapham Antiquarian Society - Sibella Road Conservation Area Residents' Association - Gauden Road Residents Association

5.2 The application has also been advertised by way of a site notice and a press notice.

5.3 There were 2 letters of support and 52 objections to the scheme. The majority of

these objectors came from 32 properties within the local area of which 12 directly adjoin the site. The following material planning considerations were raised:

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- Support development of the site as it is a brownfield site in need of improvement.

- Improvement on previous applications, reduction in height welcomed but plans still too intense for the site.

- Potential adverse impact on existing TPO trees due to excavation works, construction works and pressure from future occupiers for pruning.

- Overlooking and loss of privacy. Grass roofs may be used as amenity areas which would impact privacy.

- Loss of sunlight/daylight to neighbouring properties. - Overdevelopment of the site. Density would create noise nuisance and light

pollution from large windows. - Design and materials not in keeping with the adjoining Conservation Area. - Increased parking and traffic problems. - Proposed development will not provide sufficient light to future residents. - Insufficient details of living wall structure and plans are misleading.

5.4 Following the submission of revised drawings in December 2006, a re-consultation

exercise was undertaken. The consultation period was extended by an extra month to allow people sufficient time to view plans and submit comments over the Christmas period. 1 letter of support and 60 objections were received to the revised scheme. The letters reiterated the original concerns mentioned above.

5.5 Councillor Craig, in his capacity as a local ward councillor for Larkhall, has called

this application into Committee.

6 Planning Considerations

6.1 Relevant Policies

Planning Policy Statement 1: Delivering Sustainable Development (February 2005): Sets out the Government's overarching planning policies on the delivery of sustainable development through the planning system. Promotes good design that ensures attractive, usable, durable and adaptable places. Planning Policy Statement 3: Housing (November 2006): Sets out how the planning system supports the growth in housing completions and supply required in England. The London Plan: Spatial Development Strategy for Greater London (February 2004): Chapter 3A: Living in London Chapter 4B: Designs on London Chapter 5B: Central London

Adopted Unitary Development Plan (1998): Policy H1: Housing Provision Policy H10: Residential Development Standards ST1: Layout and Design ST3: Daylight and Sunlight ST5: Privacy and Space between Buildings ST6: Backland and Tandem Development ST13: Refuse Storage and Collection

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Policy H16: Backland, Rear Garden, Corner and Adjacent to Corner Sites Policy CD2: Proposals for Development Policy CD15: Design of New Development Policy ENV7: Retention of Existing Trees in New Development Policy ENV8: Protection of Trees on Construction Sites Policy ENV10: Tree Preservation Orders Policy T17: Transport Implications for Development Proposals Policy ENV21: Contaminated Land Policy ENV24: Waste Management and Disposal Replacement Unitary Development Plan (2006): Policy 9: Transport Impact Policy 14: Parking and Traffic Restraint Policy 15: Additional Housing Policy 23: Protection and Location of Other Employment Uses Policy 24: Work-Live/Live-Work Development Policy 31: Streets, Character and Layout Policy 31a: Community Safety/Designing Out Crime Policy 32: Building Scale and Design Policy 32b: Sustainable Design and Construction Policy 35: Design in Existing Residential/Mixed Use Areas Policy 36: Streetscape, Landscape and Public Realm Design Policy 42: Conservation Areas Policy 46: Protection and Enhancement of the Natural Environment Policy 48: Pollution, Public Health and Safety Policy 50: Waste

The current up to date statement of the Council's planning policies is contained in the Replacement Lambeth UDP. This is now at an advanced stage in the process of adoption. Proposed Modifications were placed on deposit ending on 1 December 2006. The Council's Cabinet, in approving the Proposed Modifications recommended that: "The Proposed Modifications, together with the unaltered parts of the Revised Deposit UDP, are approved for use for development control purposes". Considerable weight can now therefore be attached to policies which were not subject to objection at the Proposed Modifications stage and those that were recommended by the Inspector. Supplementary Planning Guidance: SPG 4: Internal Layout and Room Sizes

6.2 Land Use

Live-Work Unit

6.2.1 The application site currently accommodates single-storey and double-height

garage buildings and the existing floorspace of 370sq.m has been used in the past as stables, lock-up garages, storage and a garage workshop. It is understood that 102sq.m of this floorspace was used in the past to carry out vehicle servicing and repairs (Use Class B2) including a small part of the site for administration.

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6.2.2 To re-provide some employment generating floorspace, the applicant has

proposed a live-work unit. A local resident has raised a concern over the use of the proposed live-work unit. Policy 24 of the Replacement UDP describes such accommodation as the provision of integrated living and working accommodation within a single self-contained unit, i.e. comprising of dwelling and business use. Under this policy a unit that comprises principally of employment floorspace (minimum of 60sq.m with a floorspace split of 60:40 in favour of employment) would be considered a work-live unit. Where residential use predominates the unit would be considered a live-work unit and the Council will treat such development as residential. The proposed unit is a live-work unit, therefore is considered to be residential for the purposes of policy assessment. As such, the proposal would result in a small loss of employment generating floorspace. However it is considered that this loss is acceptable and the site has been vacant for some time and any replacement industrial type use (Use Class B1(c) and B2) would be unlikely to meet with any favourable support from the local residents for adverse environmental impact reasons. In addition, the previous proposal (05/02340/FUL), for redevelopment of the site, was for wholly residential and the loss of employment generating floorspace was considered acceptable under this previous scheme.

Residential Use and Density

6.2.3 The Council supports the principle of the redevelopment of the site for

residential purposes. The development would contribute to the Council’s requirement to increase the amount of housing within the Borough in accordance with Adopted UDP Policy H1 and Replacement UDP Policy 15.

6.2.4 Section (C) of Replacement UDP Policy 15 seeks to ensure that residential

developments should provide a mix of dwelling type, affordability and size of unit. The development would provide three x 3-bedroom dwelling houses, a 2-bedroom dwelling and a 2-bedroom live-work unit. It is considered that the dwelling mix is acceptable as it provides a range of units including larger family sized units were there is known demand.

6.2.5 This proposal, for five units, is less than all the previous proposals for the site

which have ranged from 6 to 16 units. The reduction in the number of units has reduced the number of habitable rooms per hectare from 543 under the previous application to 308. A number of the local residents have raised concerns that the scheme is excessive in density and overdevelopment of the site. Policy 32 of the Replacement UDP states that the primary consideration in determining appropriate density of new residential development will be achieving an appropriate urban design which makes efficient use of land and meets the amenity needs of existing and potential residents. Table 10 outlines the densities that can be achieved in the ‘Design-led’ Approach. It states that a site within an urban setting with a moderate accessibility level (PTAL = 3) should have a density range between 350-700 habitable rooms per hectare. The revised scheme actually has a density below the minimum recommendation of 350 which indicates that the proposal scheme has a very low density and is not an overdevelopment of the site.

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6.3 Design and Conservation Considerations

Height, Scale, Bulk and Design

6.3.1 Policy CD15 of the Adopted UDP states that a high quality design will be

required in all new developments. They should also be carefully related to their surroundings and contributing positively to the area. Policy 32 of the Replacement UDP states that new development should be disciplined by building lines and also the scale of the area, relevant heights, massing and where appropriate improving on those aspects.

6.3.2 Policy 35 of the Replacement UDP states that where backland development

is proposed special regard should be paid to density and height, access arrangements, sufficient garden depth and layout, scale and form.

6.3.3 Policy CD2 of the Adopted UDP and Policy 42 Replacement UDP of the

states that development outside Conservation Areas should not harm the setting of the Conservation Area or harm the views into or from the Conservation Area.

6.3.4 It is proposed to demolish the existing garage buildings that currently occupy

the site. The existing floorspace of these building is 370sq.m. The existing buildings have little architectural merit in their retention. Moreover, permission is not required for the demolition of the building. The site is not located within the Conservation Area and the Local Planning Authority raises no objections to the demolition. The proposed redevelopment of the site would involve the erection of two 2-storey flat-roofed buildings, labelled Block A and Block B on the drawings. These buildings would have a building footprint of 283sq.m. The proposed development would therefore have a building footprint 87sq.m smaller than the existing footprint.

6.3.5 The previous application (05/02340/FUL) was to be refused on several

grounds including height, bulk, scale and massing. To address these concerns, the applicant has reduced the height of both the proposed blocks from three-storeys down to two-storey and the building footprint has been reduced from 339sq.m to 283sq.m. A levels survey has also been submitted to illustrate the change in levels on the site and surrounding properties.

6.3.6 Although the application site does not lie within a Conservation Area, the

Sibella Road Conservation Area does adjoin the site along the north-east and the south-west boundaries. Views of the Conservation Area from the application site are of the rear of three-storey terraced properties that front onto Sibella Road, Larkhall Rise and Union Road. Other properties, that do not lie within the Conservation Area, are the two detached buildings numbered 73-75 and 77-79 Union Road and the semi-detached residences at 1-2 and 3-4 Kelman Close which are all two-storeys in height with pitched roofs.

6.3.7 Currently the site slopes from the rear, gently down towards the main

entrance. It is therefore proposed to partly excavate the part of the site where Block A is proposed. This will lower the overall height of ‘Block A’ by

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approximately 1.35 metres. Given the excavation and flat-roofed design of the two 2-storey blocks, the height will be 0.2 metres lower than the existing double-height garages on the site and 1.6 metres higher than the existing single-storey garages presently in situ. With regard to the surrounding neighbourhood, the proposed height will be 5.25 to 7.5 metres lower than the neighbouring three-storey properties and 3 metres lower than the height of the surrounding two-storey properties. In addition, the proposed development will be a considerable distance from the large terraced houses that characterise the Sibella Road Conservation Area as they have very long rear gardens (approximately 33-38m in length). Lastly, the existing mature trees will provide screening and a silvan backdrop to the development. Given the reduced height, bulk, scale and massing of this development proposal, it is considered that the two proposed buildings will be subordinate to the surrounding properties and will preserve the setting of the Conservation Area nearby.

6.3.8 Objections were also raised over the design, appearance and materials of

the previous development as well as within this proposal. The building materials have now been amended to include brickwork in combination with dark and light wood horizontal boarding, glazing and grass roofs. The large steel external staircases and timber louvers have also been removed. Given that only 0.75 metres of the proposed buildings will be visible above the boundary walls, only the elevation fronting Kelman Road will be visible from the public realm. The majority of this elevation will be brickwork to match the existing context of the surrounding environment. The only views of the proposed development from the private realm will be from the upper floors of the surrounding properties some 33-38m away. As the proposed development will have green roofs, their views will be predominately of vegetation and therefore soft landscaping at roof level.

6.3.9 The Head of Conservation and Design considered that the design was plain,

pragmatic and appropriate to its location and raised no objections to the proposal subject to conditions on approval of materials and finishes.

6.3.10 Overall, the proposed development would bring about changes in the

appearance of the site, but given the proposed design, the excavation to reduce the overall height, the existing trees which would provide screening and the partial backland location of the site, it is considered that the redevelopment would not significantly affect the streetscene. It is therefore concluded that the scale, bulk and design of the proposed development would not adversely impact upon the setting of the Conservation Area and would comply with Policies CD2 and CD15 or the Adopted UDP and Policies 32, 35, and 42 of the Replacement UDP.

Trees

6.3.11 Adopted UDP Policies ENV7, ENV8 and ENV10 give protection to trees on neighbouring premises whose roots and branches might extend into the development site and may be affected by the new development. Replacement UDP Policy 36 provides protection to trees of high amenity value through the use of planning conditions and Tree Preservation Orders (TPOs).

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6.3.12 There are four existing trees, all within the rear gardens of Larkhall Rise, that

form a significant feature to the visual amenities of the local area and as such are protected by way of TPOs. T1, T2 and T3 are all London Plan trees and T4 is a Turkey Oak tree. These trees are all located near the boundary with the application site and parts of their canopies extend over the application site. There is also a Sycamore tree located within the rear garden of 11 Sibella Road near the boundary of the application site and two Tree of Heaven trees further away from the boundary within the rear garden of 13 Sibella Road.

6.3.13 A significant number of objectors have raised concerns that the existing TPO

trees will be affected during excavation and construction works. In response to these concerns, and also to the previous reason for refusal regarding potential adverse impacts on the TPO trees, the applicant has submitted an Arboricultural Report by ACS Consulting Tree Management Consultants (dated November 2006).

6.3.14 The Arboricultural Report established a root protection area (RPA) in

accordance with BS 5837 (2005) - ‘Trees in Relations to Construction - Recommendations’. The report recommends protective fencing of the protection area as well as further ground protection areas for the duration of construction. Appendix 2 of the report is a ‘Tree Protection Plan’ which details the proposed tree protection measures. These measures are to protect the possibility of important roots exploiting the soil under the existing hard standing areas within the site. The report then identifies that T1 will require some crown lifting over the site to a height of 2.5m to enable better protection and normal site access. The report considers that “such work will neither affect the condition or the appearance of the tree in an adverse manner”. T2 will also require some pruning to balance the crown. No work is required to T2 or T4.

6.3.15 With regards to effective tree protection the report recommends the

following: - Undertake necessary agreed tree pruning. - Carry out sensitive demolition works, avoiding ground excavations.

Retain floorbases and any foundations at ground level rather than excavation to avoid the potential for root damage.

- Erect protective fencing and install ground protection in accordance with ‘Tree Protection Plan’.

- Carry out ground works including excavations for foundations. - Erect scaffolding and complete construction works. - Remove protective fencing and install ‘low-invasive’ style hard

surfacing. Any works within the RPA will be undertaken with site supervision arboricultural specialist. Hand digging in the vicinity of trees is the recommenced guidance for excavations within the RPA.

6.3.16 Following the findings and recommendations of the Arboricultural Report, the proposed building footprints were revised, with both blocks being reduced and stepped back from the exclusion zone.

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6.3.17 The Council’s Arboricultural Officer noted that the revised blocks were now located outside of the existing canopy spread of the adjacent TPO trees and the position of the units now satisfy BS 5837 (2005) recommendations. As such he was satisfied that the TPO trees, with the imposition of suitable planning conditions, would not be adversely affected during the construction stage.

6.3.18 The Council’s Arboricultural Officer also noted that the proposed set-backs

and height reduction of Block A had created an improved juxtaposition with regard to the proximity of the adjacent trees. Again, with the pruning that is proposed as detailed in the Arboricultural Report, the Council’s Arboricultural Officer was satisfied that T1, T2 and T3 has been suitably integrated as part of the layout and their contribution towards the visual public amenity of the area would be preserved. The pruning that is required to provide sufficient working space and to allow better light levels into habitable rooms would need to be made a condition of the consent. It was also considered that the amendment to Block B (removal of the 'dining area') now allows for the safe retention of the maturing Turkey Oak (T4) and provides sufficient allowances for its future growth in proximity to the dwelling without causing unreasonable overshadowing or nuisance.

6.3.19 Lastly, it was noted that the trees within the rear gardens of Sibella Road

were not assessed as part of the Arboricultural Report. Although these trees are not subject to a TPO, they are located within the Conservation Area, therefore afforded protection. The Council’s Arboricultural Officer undertook a site visit to 11 Sibella Road to make an assessment of these trees. He noted that, although these trees are not significant in terms of public amenity, the Sycamore tree did stand to be affected by the Block A of the development as a portion of the canopy overhangs into the application site. As a result, the Arboricultural Officer advised that the side elevation of Block A of should be set back away from the tree canopy to take account of the future growth of the tree. A distance of 1.4 metres was considered sufficient and would satisfy BS 5837 (2005) requirements to ensure that the root system is suitably protected. Block A was subsequently amended and stepping back from the boundary by 2.7 metres. The Arboricultural Officer advised that this was acceptable. He also advised that the two Tree of Heaven trees would not be affected by the proposal.

6.3.20 As such, it is now considered that the revised scheme has been designed in

accordance with BS 5837 (2005) recommendations, which will ensure that the existing adjoining trees are protected in accordance with Polices ENV7, ENV8 and ENV10 of the AUDP and Policy 36 of the RUDP.

6.4 Amenity Impact

Internal Accommodation

6.4.1 Adopted UDP Policy H10, SPG4 and Section (C) of Replacement UDP

Policy 32 require that residential developments meet certain space requirements and offer an acceptable standard of accommodation for future residents. The proposed room sizes exceed the minimum requirements and the internal layout is considered acceptable. As the units are all single-family

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dwellings there are no stacking issues. It is considered that any shading created by the existing trees adjoining the site would not result in an unsuitable residential environment as the window facing these trees have a north-west orientation, therefore these windows would not receive significant levels of sunlight even if the trees were not present. The kitchen and living room areas of the residential units within Block A will receive most of their sunlight via lightwells which have windows with south-east facing windows. In addition, it is of interest to note that the neighbouring property located within the rear garden of 3 Larkhall Rise (‘Garden Lodge’) has living room and kitchen windows located directly under tree T1 (granted planning permission in 1986). During a site visit to this property it was noted that this living room/kitchen area appeared to receive acceptable habitable levels of light. It is considered that the proposed units would be comparable, or in a better situation that the ‘Garden Lodge’. Overall, it is considered that the development would provide an acceptable form of accommodation for future occupiers.

Neighbours Amenities

6.4.2 Adopted UDP Policy CD15 states that the amenity of neighbourhoods will be

safeguarded. Adopted UDP Policy H10 and Standards ST1, ST3 and ST5 specifically seek to safeguard the amenity (sunlight, daylight and privacy) of neighbouring properties. Section (D) of Replacement UDP Policy 32 states that development should protect the residential amenity of existing and future residents with regard to privacy, sunlight and daylight, overlooking, sense of enclosure and amenity space. Replacement UDP Policy 35 states that proposals to intensify residential/mixed-use areas are welcomed where this can be achieved without harming local amenities.

6.4.3 Adopted UDP Policy H16 states that the Council will only grant permission

for housing proposals on corner sites where they comply with appropriate standards for residential development. Standard ST6 states that in assessing development on backland sites, the Council will have regard to PPG3: Housing (recently replaced by PPS3).

6.4.4 The majority of surrounding residential buildings along Sibella Road and

Larkhall Rise are separated from the application site by lengthy rear gardens. This setback will ensure that there is no significant impact upon daylight and sunlight as the proposed buildings will not obstruct the 25-degree vertical angle taken from the centre of the lowest windows.

6.4.5 While Standard ST5 of the Adopted UDP seeks, where possible, a minimum

distance of 20m between habitable windows directly facing one another, Policy 32 of the Replacement UDP seeks to move away from a reliance on standards towards a more emphasis on a design-led approach. This is to encourage a more flexible and individual approach in the assessment of schemes. It is considered that the proposal will provide adequate privacy for neighbouring residents of Sibella Road and Larkhall Rise as the rear gardens are approximately 33-38m in length from the application site. In any case, the existing brick boundary wall will be retained and, at the request of a neighbour, it is proposed to raise the height of the wall at the top with a timber screen that would be fixed to the existing wall. Sample photographs

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have been submitted but the exact details would need to be submitted via a condition. The extension to the wall would raise the height of the wall to 4.8 metres when measured from the ground floor of the application site. This would be higher than the eye level height of a person standing on the uppermost (first) floor level (4.35 metres) of the development. Therefore future occupiers of the proposed development would not be able to gain any views of the neighbouring properties rear gardens.

6.4.6 With regard to the residential properties along Union Road, again there will

be no significant impacts on their daylight and sunlight as the buildings will not obstruct the 25-degree vertical angle. In addition, there are no proposed windows to Block B within the north-eastern elevation, therefore there will be no overlooking of habitable windows of the neighbouring properties on Union Road.

6.4.7 The two residential properties located nearest the application site are the

‘Garden Lodge’ and 1-2 Kelman Close. Both these properties have raised objections to the application.

6.4.8 The ‘Garden Lodge’ is located within the rear garden of 3 Larkhall Rise and

at its closest point lies 5.5 metres to the north-west of the property boundary (15 metres from proposed Block A and 12 metres from proposed Block B). It is a single-storey residential building, which sits at a lower elevation than the application site. The elevation that faces the application site is predominantly glazed, providing light for the kitchen and living areas. No part of the proposed development would project above the 25-degree vertical angle taken from the centre of the closest window, therefore suitable daylight/sunlight levels to this dwelling would be maintained. As such, it is considered that the proposal complies with the guidelines set out in the Building Research Establishment (BRE) Report: Site Layout Planning for Daylight and Sunlight - A Guide to Good Practice (1991).

6.4.9 With regard to the impact upon privacy of the ‘Garden Lodge’, As detailed in

Paragraph 6.4.4 above, the height of the boundary wall will be raised to ensure that future occupiers are unable to gain any views of the neighbouring properties. In addition, the north-east facing windows would all be high level clerestory windows at first floor level which would prevent any overlooking.

6.4.10 1-2 Kelman Close lies 7.8 metres to the south-east of the application site

with a single-storey residential garage in between the existing buildings. The BRE guide states that a useful guideline to measure the impact of a new building is the 45-degree approach. To comply with this approach, no part of a development should cross the line drawn at a 45-degree horizontal angle from the centre of the closest ground floor habitable window of neighbouring properties. Where the length of the line would exceed 12 metres before reaching any part of the proposed development, the 45-degree approach need not apply. All the habitable windows of 1-2 Kelman Close are greater than 12 metres from the 45-degree line, therefore it is considered that the proposed development would not overshadow this property. With regard to privacy, there are no windows within the south-east elevation of the proposed development that will overlook 1-2 Kelman Close. Although there

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is a first floor roof terrace, this is positioned well forward of the side windows at 1-2 Kelman Close. Therefore there will be no opportunities for overlooking from this roof terrace.

6.4.11 Concerns have been raised over the potential use of the flat green roofs as

amenity areas, which would result in overlooking and loss of privacy. There are no proposed accesses to the upper roof areas of either blocks and a condition preventing the use as amenity areas has been recommended.

6.4.12 Concerns have been raised over potential light and noise pollution arising

from the proposed development. It is considered that the proposed development would not give rise to adverse levels of light and noise pollution as the development is low density residential and will be car free.

6.4.13 In light of the above considerations, it is considered that the proposed

development is acceptable and in accordance with Adopted UDP Polices CD15, H10, Standards ST1, ST3, ST5 and ST6 and Replacement UDP Polices 32 and 35.

6.4.14 Lastly, the previous application (05/02340/FUL) was to be refused due to an

overbearing impact on neighbouring properties. To address this point, the development has been reduced in height from three-storeys to two-storeys and the footprint has also been reduced from 339sq.m to 283sq.m. Block A and Block B has been re-positioned 2.4 metres and 1.5 metres further away from the ‘Garden Lodge’ respectively. It is considered that these reductions and setbacks resolve the concerns and this revised scheme would no longer be overbearing on the neighbouring properties.

Refuse and Recycling

6.4.15 Policy ENV24 and Standard ST13 of the Adopted UDP and Policy 50 of the

Replacement UDP seek to ensure that adequate provision for refuse and recycling storage is made within new developments. Council's Guidance for ‘Waste and Recycling Storage and Collection Requirements’ provides a more comprehensive guide to waste storage provision.

6.4.16 The above guidance states that for residential development up to 10

households, 80 litres of waste storage per bedroom should be provided. The Council will provided sacks and/or a green box for dry recyclable material. The proposed ground floor plan illustrates the provision of a bin store area to the front of the site.

6.4.17 The proposed development will provide 13 new bedrooms, therefore 1,040

litres of refuse storage is required. Drawing 2005/100/05/Rev.H illustrates a purpose built bin store area to the front of the site. This bin store will accommodate two 1,100 litre Eurobins. This will ensure that refuse and recycling is stored off the public footway until collection.

6.5 Highways and Transportation Issues

6.5.1 Adopted UDP Policy T17 and Replacement UDP Policy 9 seek to ensure that

development proposals do not have an adverse impact upon traffic safety

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and do not lead to an increase in parking stress and traffic congestion within the Borough. Replacement UDP Policy 14 sets out maximum parking levels and minimum cycling levels.

6.5.2 Kelman Close is a Local Access Road in the Council's Road Hierarchy. The

site is located within the Stockwell Controlled Parking Zone (CPZ) and the area is residents’ parking only between 8.30am and 5.30pm, Monday-Friday. The site has a moderate public transport accessibility level (PTAL = 3). As the applicant does not propose any off-street parking, the Council’s Transport Planning Officer has requested that the applicant enter into a Section 106 ‘car-free’ agreement whereby future owners and/or occupiers of the proposed units will not be eligible for residents parking permits. It is noted that a number of objectors have raised concerns that the proposal will result in parking and transport problems for the area. However the s.106 ‘car-free’ agreement will prevent future occupiers from obtaining residents parking permits. This will ensure that the development does not increase parking stress within the area. The applicant has agreed to enter into a s.106 as part of the application.

6.5.3 The applicant has indicated that they will provide cycle parking, however no

details have been provided on the revised plans. A condition requiring at least five secure covered cycle parking spaces is recommended in accordance with the Council’s minimum cycle parking standards set out within Replacement UDP Policy 14.

6.5.4 Given the above considerations, it is considered that the proposal is in

accordance with Adopted UDP Policy T17 and Replacement UDP Policies 9 and 14, subject to conditions and a Section 106 agreement for a ‘car-free’ development.

6.6 Contamination Issues

6.6.1 Adopted UDP Policy ENV21 and Replacement UDP Policy 48 seek to

ensure that any development on land that has been subject to a contaminating use is only undertaken after a thorough investigation of the nature and degree of contamination. As part of the property was used in the past as a vehicle repairs workshop, any redevelopment proposal on this site should be subject to a condition requiring contaminated land investigations prior to works commencing.

6.7 Sustainability Issues

6.7.1 Replacement UDP Policy 32b states that development proposals should

show how they incorporate sustainable design and construction principles. Replacement UDP Policy 46 states that new development should provide the opportunity to incorporate features to promote local biodiversity.

6.7.2 Both of the main roofs of each block will be finished with a grass roof. This

type of green roof is easy to install, lightweight, typically used on inaccessible roofs and requires little to no maintenance. Green roofs have various environmental and ecological benefits including attenuation of water run-off, absorption of air pollutants, reduction of the 'urban heat island' effect,

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provision of wildlife habitat, attractive open space, health benefits, protecting the building fabric from sunlight and temperature fluctuations and reducing costs, including drainage, heating and air conditioning.

6.7.3 A ‘living wall’ structure is also proposed along the boundary wall adjoining

Larkhall Rise. Basically this will mean that the brick wall has a vegetative covering, such as ivy. Again, this has environmental benefits and further serves to green the communal courtyard.

6.8 Crime Prevention

6.8.1 Adopted UDP Policy CD15 states that particular regard will be paid to crime

prevention. Replacement UDP Policy 31a seeks development that enhances community safety.

6.8.2 The Crime Prevention Officer has reviewed the design and raised no

objections other then requesting that the windows and doors are ‘Secured by Design’ Standard. Should planning permission be granted, it is recommend that an informative stating this is included.

6.9 Section 106

6.9.1 The ‘Heads of Terms’ for the s.106 agreement are as follows:

- All units to be ‘permit-free’ to ensure that the owners/occupiers of all of the hereby approved units are not eligible for on-street residents car-parking permits.

7 Conclusion

7.1 The redevelopment of this brownfield site will provide additional residential dwellings within the Borough to meet a housing need.

7.2 It is considered that the proposed height, bulk, scale and design of the proposed

development would not adversely impact upon the setting of the Sibella Road Conservation Area or the Kelman Close streetscene.

7.3 Following submission of a detailed tree assessment, the proposal was modified and

stepped away from the existing protected trees on the neighbouring properties. A number of protection measures will be employed during construction to protect both the canopy and root systems of the protected trees.

7.4 It is considered that the development will not have an adverse detrimental impact

on the living conditions of the existing neighbours

7.5 The proposed accommodation will provide an acceptable standard of sustainable housing for future residents.

7.6 Subject to a Section 106 agreement, it is considered that the development will not

result in an increase in parking stress or traffic congestion within the area. 7.7 The proposed development offers a significant number of changes from the

previously refused schemes. It is considered that the reduction in the number of

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units, the height, the footprint and the density, and the set back from the trees offers an appropriate solution for development of this difficult site.

8 Recommendation

8.1 It is recommended that planning permission be granted subject to a Section 106

Agreement to prevent future residents of the development from obtaining on-street parking permits.

Summary of Reasons: In deciding to grant planning permission, the Council has had regard to the relevant Policies of the Development Plan and all other relevant material considerations. Having weighed the merits of the proposal in the context of these issues, it is considered that planning permission should be granted subject to the conditions listed below. In reaching this decision the following Policies were relevant: - Policy H1 (Housing Provision), Policy H10 (Residential Development Standards),

Policy H16 (Backland, Rear Garden, Corner and Adjacent to Corner Sites), Policy CD2 (Proposals for Development), Policy CD15 (Design of New Development), ENV7 (Retention of Existing Trees in New Development), ENV8 (Protection of Trees on Construction Sites), ENV10 (Tree Preservation Orders), Policy T17 (Transport Implications for Development Proposals), ENV21 (Contaminated Land) and Policy ENV24 (Waste Management and Disposal) of the Adopted Unitary Development Plan (1998).

- Policy 9 (Transport Impact), Policy 14 (Parking and Traffic Restraint), Policy 15 (Additional Housing), Policy 23 (Protection and Location of Other Employment Uses), Policy 24 (Work-Live/Live-Work Development), Policy 31 (Streets, Character and Layout), Policy 31a (Community Safety/Designing Out Crime), Policy 32 (Building Scale and Design), Policy 32b (Sustainable Design and Construction), Policy 35 (Design in Existing Residential/Mixed Use Areas), Policy 36 (Streetscape, Landscape and Public Realm Design), Policy 42 (Conservation Areas), Policy 46 (Protection and Enhancement of the Natural Environment), Policy 48 (Pollution, Public Health and Safety) and Policy 50 (Waste) of the 6.1.5. Replacement Unitary Development Plan (2006).

Conditions:

1 The development to which this permission relates must be begun not later than the

expiration of three years beginning from the date of this decision notice. Reason: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2 Samples and a schedule of materials to be used in the elevations of the

development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before any building work commences and this condition shall apply notwithstanding any indications as to these matters which have been given in the application. The development shall thereafter be carried out solely in accordance with the approved details.

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Reason: To safeguard and enhance the visual amenities of the locality (Policies CD2 and CD15 of the Adopted Lambeth Unitary Development Plan (1998) and Policies 32, 35, 36 and 42 of the Replacement Unitary Development Plan (2006) refer).

3 Details of the siting and design of all boundary walls and/or fencing shall be

submitted to and approved by the Local Planning Authority in writing before any work is commenced on the site. Such walls or fencing as may be approved shall be erected before the initial occupation of the buildings unless the prior written approval of the Local Planning Authority to any variation has been obtained. Reason: To ensure a satisfactory resultant appearance and to prevent overlooking of neighbouring sites (Policies H10 (ST1, ST3 and ST5), CD2 and CD15 of the Adopted Lambeth Unitary Development Plan (1998) and Policy 32, 35, 36 and 42 of the Replacement Unitary Development Plan (2006) refer).

4 No part of the development hereby permitted shall be occupied or used until the

provision for the refuse and recycling storage shown on the application drawing 2005/100/05/Rev.H has been implemented in full. The refuse and recycling storage shall thereafter be retained solely for their designated use. Reason: To ensure adequate refuse and recycling storage is available on site, in the interests of the amenities of the area (Policies ENV24 and T17 and Standard ST13 of the Adopted Lambeth Unitary Development Plan (1998) and Policies 9 and 50 of the Replacement Unitary Development Plan (2006) refer).

5 Before the development is commenced a detailed site investigation shall be carried

out to establish if the site is contaminated, to assess the degree and nature of the contamination present, and to determine its potential for the pollution of the water environment. The method and extent of this investigation shall be agreed with the Local Planning Authority prior to the commencement of the work. Details of appropriate measures to prevent pollution of groundwater and surface water, including provision for monitoring, shall then be submitted to and approved in writing by the Planning Authority before development commences. The development shall then proceed in strict accordance with the measures approved. Reason: In order to prevent pollution of the water environment (Policy 21 of the Adopted Lambeth Unitary Development Plan (1998) and Policy 48 of the Replacement Unitary Development Plan (2006) refer).

6 No plumbing or pipes, other than rainwater pipes, shall be fixed on the external

faces of the development hereby permitted. Reason: Such works would detract from the appearance of the building and would be detrimental to the visual amenities of the locality (Policies CD2, CD15 and CD18 of the Adopted Lambeth Unitary Development Plan (1998), Policy 32, 33, 35, 36 and 42 of the Replacement Unitary Development Plan (2006) and the Council's Supplementary Planning Guidance 'Guidelines/Policies for Residential Extensions' (2000) refer).

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7 The main roof areas (labelled 'Grass Roof' on drawing 2005/100/07/Rev.H) shall not be used as a balcony, sitting out area or amenity area. Reason: To safeguard the privacy and amenities of the neighbouring residential properties (Policies CD15 and H10 of the Adopted Lambeth Unitary Development Plan (1998) and Policy 32 of the Replacement Unitary Development Plan (2006) refer).

8 Prior to the initial occupation of the development hereby permitted, the existing

dropped kerbs on Kelman Close, which were used in connection with the previous use of the site, shall be stopped up by raising the existing dropped kerb, removing the existing bellmouth and reinstating the footway verge and highway boundary to the same line, level and detail as the adjoining footway verge and highway boundary. Reason: To limit the number of access points along the site boundary for the safety and convenience of the highway users (Policies T9, CD15 and ST28 of the Adopted Lambeth Unitary Development Plan (1998) and Policies 9 and 31 of the Replacement Unitary Development Plan (2006) refer).

9 Prior to the commencement of the development hereby permitted, details of the

provision to be made for secure, covered cycle parking shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking shall be provided in accordance with the approved details before the building hereby permitted is occupied/the use hereby permitted commences and shall thereafter be retained solely for its designated use. Reason: To ensure adequate cycle-parking is available on site and to promote sustainable modes of transport (Policy T36 and Standard ST15 of the Adopted Lambeth Unitary Development Plan (1998) and Policies 9, 10 and 14 of the Replacement Unitary Development Plan (2006) refer).

10 Notwithstanding the provisions of Article 3 and Classes A, B and E of Part 1 of

Schedule 2 of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order revoking and re-enacting that Order), no enlargement, improvement or other alteration of, or to, any dwellinghouse the subject of this permission shall be carried out without planning permission having first been obtained via the submission of a planning application to the Local Planning Authority, nor shall any building or enclosure required for a purpose incidental to the enjoyment of any said dwellinghouse as such be constructed or placed on any part of the land covered by this permission without such planning permission having been obtained. Reason: In the opinion of the Local Planning Authority, the nature and density of the layout requires strict control over the form of any additional development which may be proposed in the interests of maintaining a satisfactory residential environment (Policies CD15, H10 ENV7, ENV8 and ENV10 of the Adopted Lambeth Unitary Development Plan (1998) and Policies 32, 35 and 36 of the Replacement Unitary Development Plan (2006) refer).

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11 Notwithstanding any indications illustrated on drawings already submitted, no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscape design which shall include indications of all existing trees, shrubs and hedgerows on the site and details, including crown spreads, of those to be retained. None of the trees, shrubs or hedgerows shown for retention shall be removed or felled, lopped or topped, without the prior written permission of the local planning authority. Reason: To ensure satisfactory landscaping of the site in the interests of visual amenity (Policies CD15, H10, ENV7, ENV8 and ENV10 of the Adopted Lambeth Unitary Development Plan (1998) and Policy 36 of the Replacement Unitary Development Plan (2006) refer).

12 All planting, seeding or turfing comprised in the approved details of landscape

design shall be carried out in the first planting and seeding season following the occupation of the development hereby permitted or the substantial completion of the development, whichever is the sooner. Any trees, hedgerows or shrubs forming part of the approved landscaping scheme which within a period of five years from the occupation or substantial completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation. Reason: To ensure a satisfactory and continuing standard of amenities are provided and maintained in connection with the development (Policies CD15, H10, ENV7, ENV8 and ENV10 of the Adopted Lambeth Unitary Development Plan (1998) and Policy 36 of the Replacement Unitary Development Plan (2006) refer).

13 No trees shall be felled or pruned nor shall any roots be removed or pruned without

the prior written consent of the Council. All reasonable precautions shall be taken (including any detailed in other conditions) to protect the branch structure and main trunks of the trees to be retained and to protect the root systems from damage during site works. Reason: In the interests of visual amenity and tree health (Policies CD15, H10, ENV7, ENV8 and ENV10 of the Adopted Lambeth Unitary Development Plan (1998) and Policy 36 of the Revised Deposit Unitary Development Plan (2004) refer).

14 A specification of the required pruning works to provide working space in relation to

trees T1, T2, T3, T4 and the Sycamore (as shown on Drawing No. 2005/100/05/Rev.H) shall be submitted and approved in writing by the Local Planning Authority before any building work commences. The works thereby approved shall be fully implemented in accordance with the approved details prior to construction on site. The approved pruning works shall be carried out in accordance with British Standard 3998 - Tree Work (1989) and in line with current Arboricultural best practice, and by a contractor recognised and approved by the Arboricultural Association. Reason: To protect the trees on the neighbouring properties and the locality in general (Policies CD15, H10, ENV7, ENV8 and ENV10 of the Adopted Lambeth Unitary Development Plan (1998) and Policy 36 of the Replacement Unitary

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Development Plan (2006) refer). 15 A method statement for the demolition of the existing buildings in proximity to trees

T1, T2, T3, T4 and the Sycamore (as shown on Drawing No. 2005/100/05/Rev.H) shall be submitted to and approved in writing by the Local Planning Authority before any building work commences. The development shall thereafter be carried out solely in accordance with the approved details. Reason: To protect the trees on the neighbouring properties and the locality in general (Policies CD15, H10, ENV7, ENV8 and ENV10 of the Adopted Lambeth Unitary Development Plan (1998) and Policy 36 of the Replacement Unitary Development Plan (2006) refer).

16 The existing retaining wall situated along north-western boundary of the site shall

remain intact and undisturbed for the duration of the building works. Reason: To protect the trees on the neighbouring properties and the locality in general (Policies CD15, H10, ENV7, ENV8 and ENV10 of the Adopted Lambeth Unitary Development Plan (1998) and Policy 36 of the Replacement Unitary Development Plan (2006) refer).

17 No part of the hardstanding area, immediately adjacent to the retaining wall located

along north-western boundary of the site, shall be disturbed until a full specification for the dismantling of the aforementioned hardstanding is submitted and approved in writing by the Local Planning Authority. The development shall thereafter be carried out solely in accordance with the approved details. There shall be no changes in existing ground levels once the hardstanding has been removed. Reason: To ensure that the root systems of the protected trees on the neighbouring properties are not damaged during the period of construction (Policies CD15, H10, ENV7, ENV8 and ENV10 of the Adopted Lambeth Unitary Development Plan (1998) and Policy 36 of the Replacement Unitary Development Plan (2006) refer).

Notes to Applicants: 1 This decision letter does not convey an approval or consent which may be required

under any enactment, by-law, order or regulation, other than Section 57 of the Town and Country Planning Act 1990.

2 Your attention is drawn to the provisions of the Building Regulations, and related

legislation which must be complied with to the satisfaction of the Council's Building Control Officer.

3 Your attention is drawn to the need to comply with the requirements of the Control

of Pollution Act 1974 concerning construction site noise and in this respect you are advised to contact the Council's Environmental Health Division.

4 You are advised of the necessity to consult the Council's Highways team prior to the

commencement of construction on 020 7926 9000 in order to obtain necessary approvals and licences prior to undertaking any works within the public highway including scaffolding, temporary/permanent crossovers, oversailing/undersailing of

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the highway, drainage/sewer connections, hoarding, excavations (including adjacent to the highway such as basements, etc.), temporary full/part road closures, craneage licences etc.

5 It is current Council policy for the Council's contractor to construct new vehicular

accesses and to reinstate the footway across redundant accesses. The developer is to contact the Council's Highways team on 020 7926 9000, prior to the commencement of construction, to arrange for any such work to be done. If the developer wishes to undertake this work the Council will require a deposit and the developer will need to cover all the Council's costs (including supervision of the works). If the works are of a significant nature, a Section 278 Agreement (Highways Act 1980) will be required and the works must be carried out to the Council's specification.

6 You are advised of the necessity to consult the Council's Streetcare team within the

Public Protection Division with regard to the provision of refuse and recycling storage and collection facilities.

7 As soon as building work starts on the development, you must contact the Street

Naming and Numbering Officer if you need to name a new or existing building or apply new street numbers to a new or existing building. This will ensure that any changes are agreed with Lambeth Council before use, in accordance with the London Buildings Acts (Amendment) Act 1939 and the Local Government Act 1985. Although it is not essential, we also advise you to contact the Street Naming and Numbering Officer before applying new names or numbers to internal flats or units. Contact details are Rachel Harrison, Street Naming and Numbering Officer, e-mail: rharrison1@lambeth.gov.uk, tel: 020 7926 2283, fax: 020 7926 9131.

8 You are advised that all windows and doors should be 'Secured by Design'

Standard. 9 With regard to the tree conditions (Nos. 13-17), the applicant shall inform the Local

Planning Authority of any variations in the agreed specified works resulting from changing or unforeseen circumstances found during the course of development (and not discovered at the initial site inspection).

10 You are advised that this decision is subject to a Section 106 agreement to prevent

future residents of the development from obtaining on-street parking permits.