North East Area Committee Strategic Development Control Committee

17th March 2011 31st March 2011

Application Number: 10/03136/FUL

Decision Due by: 21st February 2011

Proposal: Demolition of 1a Latimer Road and 44 London Road.

Alterations to 60 London Road and erection of 3 buildings of 2, 3 and 4 storeys to provide 313 student bed spaces, ancillary accommodation, plant and secure and integrated cycle storage for 160 cycles. External works including associated communal space 4 car parking spaces for disabled residents, 1 staff car parking space and 12 visitor cycle spaces. (Amended plans and description)

Site Address: Dorset House School Of Health Care 58 London Road, Site

Plan Appendix 1.

Ward: Headington Ward Agent: Kemp And Kemp Applicant: Berkeley Homes Ltd Recommendation: (i) North East Area committee is recommend to support Officers recommendation for approval of the application. (ii) Strategic Development Control Committee is recommended support the proposal, but defer the application to allow accompanying legal agreements to be drawn up and delegate to Officers to issue the Notice of Permission on their completion. Reasons for Approval: 1 It is considered that the principle of development is acceptable in accordance

with the adopted Oxford Local Plan. The proposed development would enhance the character and appearance of the area. There would be no adverse impact on traffic or parking. There would be no adverse impact on significant trees. There would be no significant adverse impact on residential amenities.

2 Officers have considered carefully all objections to these proposals. Officers

have come to the view, for the detailed reasons set out in the officers report, that the objections do not amount, individually or cumulatively, to a reason for refusal and that all the issues that have been raised have been adequately addressed and the relevant bodies consulted.

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3 The Council considers that the proposal accords with the policies of the development plan as summarised below. It has taken into consideration all other material matters, including matters raised in response to consultation and publicity. Any material harm that the development would otherwise give rise to can be offset by the conditions imposed.

Conditions: 1 Development begun within time limit 2 Develop in accordance with approved plns 3 Materials 4 Landscape plan required 5 Landscape carry out by completion 6 Landscape hard surfce desgn - tree roots 7 Landscape undrgrnd services - tree roots 8 Tree Protection Plan (TPP) 1 9 Arboricultural Method Statement (AMS) 1 10 Details of construction equipment - trees 10 Energy Efficiency and Renewable Energy measures - details 11 Cycle and car parking only as approved 12 Details of Booking system 13 Section 38 agreement widening Latimer Road 14 Construction Traffic Management Plan 15 Travel Plan 16 Details of SUDS 17 Ecological measures implemented – prior to occupation Legal Agreements: City: £16,620 towards Indoor Sport County: £38,226.00 towards enhanced cycle measures in the area £17,451 towards Oxford City’s library infrastructure and bookstock. To be secured via two separate Unilateral Undertakings. Main Local Plan Policies: Oxford Local Plan 2001-2016 CP1 - Development Proposals CP2 - Planning Obligations CP6 - Efficient Use of Land & Density CP7 - Urban Design CP8 - Design Development to Relate to its Context CP9 - Creating Successful New Places CP10 - Siting Development to Meet Functional Needs CP11 - Landscape Design CP12 - Designing out Crime CP14 - Public Art CP15 - Energy Efficiency

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CP17 - Recycled Materials CP18 - Natural Resource Impact Analysis CP19 - Nuisance CP21 - Noise TR1 - Transport Assessment TR3 - Car Parking Standards TR4 - Pedestrian & Cycle Facilities NE10 - Sustainable Drainage NE14 - Water and Sewerage Infrastructure NE15 - Loss of Trees and Hedgerows NE16 - Protected Trees NE21 - Species Protection HE6 - Buildings of Local Interest HS8 – Balance of Dwellings HS10 - Loss of Dwellings HS11 – Sub-division of Dwellings HS14 - Speculative Student Accommodation HS19 - Privacy & Amenity HS20 - Local Residential Environment HS21 - Private Open Space ED6 - Ox Brookes Uni - Student Accommodation DS27 - Dorset House, London Rd - Ox Brookes Use Core Strategy – Proposed Changes CSP2 - Prev developed land & greenfield land CSP10 - Energy & natural resources CSP11 - Waste & recycling CSP18 - Infrastructure & Developer contributions CSP19 - Urban design townscape char & hist env CSP23 - Level of housing growth CSP24 - Mix of housing Other Material Considerations: PPS1:Delivering Sustainable Development PPG3: Housing Relevant Site History: 06/01628/FUL: Demolition of Dorset House, London Road, 42 London Road and No.1A Latimer Road. Erection of 5 blocks of student accommodation on 3 and 4 floors accommodating 363 students, and conversion of 60 London Road to 2 self-contained flats. Provision of 6 car parking spaces, cycle parking, bin stores and ancillary works. Withdrawn. Dorset House (No.58 London Road) had various alterations and additions since the early 1960’s to provide additional teaching and student accommodation, including a new library in 1985. The original Dorset House was converted to educational use by Headington School, who then sold it onto the Elizabeth Casson Trust in 1960 who renamed it Dorset House. In 1992 the Dorset House School of Occupational

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Therapy became part of Oxford Brookes University. The use of the site by Oxford Brookes ceased in 2000 and the building and ancillary buildings were recently demolished. No.60 London Road – 70/22981/A_H: Change of use from residential to accommodation for girl students (4 rooms). No.1 Latimer Road – 70/23223/A_H: Change of use from single dwelling house to student hostel for girls (9 rooms) No.50 London Rd - 70/23077/A_H: Erection of residential accommodation for students (23 student rooms). Statutory and Internal Consultees: Thames Water Utilities Limited: No objections: Developer must make proper provision for surface water drainage to ground, water courses or a suitable sewer. Surface storm flow water should be attenuated or regulated to public network through on/ off site storage. If connected to a combined public sewer, site drainage should be separate and combined at final manhole nearest the boundary. Removal of groundwater not permitted. Approval from TW required for discharge to public sewer to ensure no detrimental impact on existing sewerage system. No objection to sewerage or water infrastructure. Regarding water TW will aim to provide a minimum of 10m head pressure and flow rate of 9litres/minute where it leaves the pipe. The developer should make note in its design. Oxfordshire County Council Highway Authority: No objections subject to conditions and financial contributions. See main report. Thames Valley Police: No objections. Recommend quick release ground floor windows. Representations Received: Representations received can be summarised as follows: • Concerns over volume/bulk of proposed buildings • Loss of privacy • Concerns over position • Concerns for health and safety • Increase in noise pollution • Parking concerns • Drainage issues • Compromise character of the area • Concerns over the environment • Concerns on overcrowding including public transport • Concerns over preferential treatment towards students • Traffic concerns • Loss of light • Litter concerns • Increased volume of users for the doctors, dentist and hospitals • Concerns over CCTV siting • Non-term time letting • Number of wardens

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Pre-application Public Consultation: The applicant undertook public consultation with all interested parties (Local Planning Authority, Oxford Brookes University, residents, resident groups, Highways Authority, Councillors) in October and November 2010 and a public exhibition in December 2010. Feedback was encouraging and generally positive. The scheme was refined where possible as a result. Officers Assessment: Background: 1. An application for this site was submitted in 2006 for the demolition of

Dorset House School (and all associated buildings) and Nos. 42 London Road & 1a Latimer Road and erection five replacement blocks on 3 and 4 storeys to provide 363 student study rooms and ancillary accommodation, including common room and laundry. No.60 London Road was to be converted to provide 2 flats for students and 6 car parking spaces, all for disabled persons, and 190 sheltered and external cycle parking spaces were proposed. Pedestrian access was from London Road and vehicular access from Latimer Road. The application was withdrawn by the Applicant, Quintain, just prior to being considered at Committee. Officers had recommended refusal for several reasons: 1. Overdevelopment and inappropriate density 2. Inappropriate scale, height, bulk, massing and materials 3. Loss of buildings of Local Interest 4. Loss of residential dwellings 5. Absence of legal agreement relating to car ownership, cycling facilities etc. 6. Direct and indirect impacts on important amenity trees 7. Impact on development approved at site of former Royal Mail Sorting

Depot in Lime Walk. 2. This fresh application has sought to address Officers concerns. Reasons

3 & 4 are now obsolete as the main Dorset House buildings have since been demolished. No consents were required for their demolition. However, No.42 London Road, which also is a building of local interest, was not demolished and is to remain in residential use (see main report).

Site Description and Proposal: 3. The development site lies on the corner of London Road and Latimer

Road, within the mixed residential area to the southwest of Headington District Shopping Centre. It previously comprised Dorset House School (No.58 London Road and associated buildings, including library, student accommodation blocks, Coach House, which have recently been demolished, and Nos. 44 & No.1 Latimer Road), and the residential properties Nos. 42 & 60 London Road and 1a Latimer Road. The site has various existing vehicular / pedestrian accesses from both London Road and Latimer Road and many trees to these road frontages and within that are protected by Tree Preservation Orders. To the south of the site is Latimer Grange Court and to the east are residential and commercial

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properties along London Road and Lime Walk. The area is characterised by 2 and 3 storey buildings with heights between 8m and 10m, set back from the road frontage with front gardens and/or car parking. Large institutional buildings within large open plots are also a feature of the Headington area, for example Headington Girls School and Oxford Brookes University Gipsy Lane Campus.

4. It is proposed to convert No 60 London Road to provide 2 student flats,

demolish No.44 London Road and No.1a Latimer Road and erect 3 blocks of accommodation of varying sizes, between two and four storeys in height, to provide a total of 313 student rooms. The smallest of the blocks fronting London Road and adjacent to No.42, would be a lodge and the main and principle student entrance to the development. Vehicular access for disabled students and maintenance/ emergency vehicles would be from an existing access onto London Road, adjacent to No.60.

5. It should be noted that No.42 London Road is outside the application site,

but is shown as retained as a family dwelling and requires refurbishment due to vandalism since the site has been vacant.

Issues: 6. Officers’ consider the main issues in determining this application are:

• Principle of Development • Design and Appearance • Amenities • Trees and Landscaping • Highways and Parking

Principle of Development: 7. The site, excluding Nos. 42 and 60 London Road, has been designated in

the Local Plan as a Development Site, DS.27, appropriate for redevelopment for mixed use. Policy DS.27 states that planning permission will be granted for mixed uses that may include any of the following five uses for the site: a. Accommodation for nurses, key workers or both; b. Library; c. Institutional use; d. Student accommodation (subject to Policy HS.14); and e. Educational use.

8. The wording of the policy is such that any mix of the proposed uses would

be acceptable on the site. 9. The application is solely for student accommodation, intended for Oxford

Brookes University. In the past, pre-application schemes previously considered a mix of student accommodation and medical centre/ hospital, and student accommodation and library. However, it was apparent that there would be logistical problems for the medical centre including traffic

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concerns and the mixed-use library scheme would be unviable, and both raised security issues for students. Furthermore it is now understood from Oxfordshire County Council that the existing library in Bury Knowle House may close. Officers are also not aware of any interest from other institutional or educational establishments in pursuing such uses on this site.

10. Notwithstanding the requirement of the policy to provide a mixed-use

development, Officers’ therefore take the view, on balance, that a proposal for solely student accommodation, and in particular for Oxford Brookes, is considered acceptable. Furthermore, it would contribute towards the shortfall of purpose student accommodation for Oxford Brookes. Student numbers have increased in recent times and a large proportion of them do not live in purpose built accommodation but instead rent from the private rented sector. Policy ED.6 of the Local Plan requires that by 2008 not more than 3000 of Brookes’ students should live in accommodation not provided by the University. Although this requirement was not met inroads have been made since with large blocks built at Marston Road, Brasenose Driftway and Slade Park.. The development would therefore have a wide benefit to the local housing market by releasing ordinary housing in line with the aims of Local Plan policy. The principle of student accommodation at this site is therefore accepted by Officers as it was when considering the previous application.

11. The applicant has entered discussions with Oxford Brookes University and

the intention is that this development would house their 2nd and 3rd year students thus releasing family housing back onto the general market. Policy HS14 requires speculative student accommodation should only be occupied by one of the two universities. The recent Inspector’s decision on the Core Strategy has superseded this Policy however and legal advice is that speculative developments cannot now be tied solely to Oxford Brookes or the University of Oxford. Nevertheless Oxford Brookes remains the intended occupier. However, the use solely for student accommodation only can still be secured by condition.

12. With regard to the loss of No.1a Latimer Road, there is a need for small

self-contained dwellings in Oxford and therefore a presumption in favour of their retention. Policy HS.10 states that permission will not be granted for any development that results in the net loss of one or more self-contained dwellings. The applicant has put forward the argument that an exception to this presumption in favour of retention should be made in this case. The development would provide a substantial number of student units for existing student numbers, not additional students, which would in turn release a large number of single family dwellings back onto the open market in the area. The dwelling has no historical link to the former Dorset House, being built in the early 60’s and is of no particular architectural merit. The loss of the dwelling in this case would be contrary to Policy HS.9 but arguably exceptional circumstance exist here whereby its loss would help to facilitate the development of the long vacant Dorset House site efficiently and to best deliver the allocated site as a whole, taking over

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300 students off the general housing market. The loss of the house is therefore accepted in this instance.

Design and Appearance: 13. The buildings are designed in a contemporary architectural style with

articulated frontages and flat roofs. The building heights range from two storey and three storey to the front to four storey at the rear of the site. A Block Plan is attached at Appendix 2. The proposed lodge building, called Ellerslie, fronting London Road is two storey and of a similar height to the adjacent house No.42 London Road. It is also a similar location and height to No.44 to be demolished. It is modern in design and does not replicate the Arts and Crafts style of the house. However, it is considered to have an acceptable relationship in design, scale and massing terms.

14. The other London Road frontage building, called Hillstow, is large in scale and

massing and lies parallel to London Road but curving back into the site, in order to respect the trees. The front half of the building is 3 storeys in height, 9m high, and four storey, 11m, to the rear, in order to reduce the perceived height and bulk when viewed from the street. It is set back into the site by 8-9m to the front elevation and approximately 16m back to the four storey element. There is also an element of four storey at the frontage as the building curves back. Officers considering the 2006 application were concerned about the height and appearance in the street scene. However that development was a much blockier, full four storey development with little relief in terms of articulation or fenestration, and constructed mostly in blue brick.

15. The proposed Hillstow building would read mainly as 3 storey along the main

frontage, tempered ground level being lower than carriageway and footpath to London Road. It is acknowledged that the element of four storeys at the front would be taller than other buildings nearby including Horwood Close. However it is positioned at an angle to the road and set back and screened in part by existing trees. Whilst large in scale and massing the building is well articulated, both in footprint but also with a large number of windows. Use of vertical and horizontal cedar cladding detailing and brick also serves to break up the elevation and reflect the vertical rhythm of the street; bays windows and fenestration. It is therefore concluded that the building would not appear dominant or harmful to the street scene, but respectful of it.

16. The largest accommodation block to the rear of the site, called Casson, is 4

storeys high at 12m. The west wing runs adjacent to Latimer Road before turning and running along the rear boundary before turning again parallel to the side boundary with the former Post Office depot. Officers were concerned about its relationship to No. 42 London Road as submitted, as it would appear large and overbearing due to its height and proximity, causing a loss of light, both reflected and direct sunlight to this house and a poor outdoor garden. Amended plans have been submitted showing the Casson building pulled back away from the house and reduced in height and massing to 3 storeys in order to address this issue and provide a more gradual transition from the two storey scale of No.42 to the much larger institutional scale of student

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accommodation. It has also resulted in a larger garden being provided for this retained family house. The amendments have also improved the overall street scene on Latimer Road. The internal and external environment for the house and relationship to it and the street are now considered acceptable.

17. Concerns have also been raised about the four storey height of this building.

The building is again higher than the adjacent former Post Office depot, Latimer Grange and St Luke Hospital’s on Latimer Road, and two storey houses in general near by. On Latimer Road the four storey element of the Casson building is 19.5m wide, and is set at an angle to the boundary to allow for retention of the existing mature boundary trees. To the rear the building has a separation distance of 11m to in excess of 17m to Latimer Grange buildings, across the access road, with some mature screening. It is therefore considered that on balance four storeys would be acceptable in this location.

18. Materials proposed fro the development are brick with cedar cladding in

detailing, which will fade to silver over time, and for the lodge building natural stone front façade and brick. No.60 will also be part clad to tie in to the main buildings. Surrounding properties are varied in materials and styles, from Victorian Gothic, Arts and Crafts, 1960’s and 1970’s flat roof buildings with timber panels, to 1990’s pitched roof and the 2000 zinc curved roof of the Post Office conversion. Buff and red bricks, stone and render are all seen. Officers consider therefore that the pallet of materials proposed would not be harmful to the varied character and appearance of the area.

19. Overall Officers conclude that whilst the development would introduce a new

institutional development, that is taller in parts than existing buildings within close proximity, it would not be at odds with the varied style and period of dwellings in the surrounding urban environment. Rather the design and appearance and use of materials could produce a good quality building that would enhance the character of the area. Officers have weighed also in the balance the purpose of the scheme to provide high quality student accommodation that would address the clear need for Oxford Brookes student accommodation and release family housing elsewhere in the City. It is therefore considered acceptable in this location.

Amenities: 20. The Casson building would be approximately 11- 15m away from Latimer

Grange (the closest block). Windows have in general been oriented to face away from Latimer Grange but there would be 16 windows facing in that direction. There is a line of protected Leylandii tree hedging along this southern boundary, approximately 7m high, which would afford a good deal of screening. The building also lies north of Latimer Grange therefore there would be no impact from overshadowing or loss of light. Latimer Grange has mainly windows to kitchens and bathrooms facing the site, with one or two habitable bedroom windows where these kitchens have been subdivided to create an extra room. Originally No 1a Latimer Road and No 50 London Road (student block) also faced in this direction, although only 2 storey high, but with windows that looked directly towards Latimer Grange. Whilst there would

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be windows facing Latimer Grange, taking into account the angle of the proposed building together with existing screening, orientation, distance to Latimer Grange, the type of rooms in Latimer Grange, it is considered that on balance it would not have a detrimental impact on the amenities of this part of Latimer Grange. The rest of the Casson building would overlook the rest of Latimer Grange and the garage court. There would be a distance between buildings of approximately 17m and whilst the building would be 4 storey in height, orientation, the distance is considered such that there would be no significant loss of residential amenities.

21. To other residential properties opposite the site on Latimer Road there would

be a distance of between 30m and 32m and Officers consider that there would be no significant loss of amenity.

22. The east wing of the Casson building adjacent to the former Post Office (PO)

site has been amended to four storey to compensate for the lowering in height of the western end of the building. The old Post Office sorting building has been converted to offices since the previous application was considered, and windows in the PO elevation facing the development have been altered from full to high level as an amendment to the permission, and should be obscure glazed also. The light from these windows has been reduced due to their size and obscure glazing and whilst the proposed building would be within 2m and thus have an impact, it is considered it would not be as significant. Furthermore the PO building is of a commercial nature as opposed to residential and as such the impact could be considered less than if it were a habitable room. The increase in height of the East Wing may not have a significantly worse impact in terms of scale and height on the PO than at 3 storeys. Views from the London Road would be obscured by the Hillstow building, although possibly glimpsed between it and 60 London Road. No objections have been received from the PO development. Officers consider on balance therefore that a building of this scale may be acceptable in general terms at this location and in its relationship to the former Post Office.

Trees and Landscaping: 23. The Council has a statutory duty to consider implications for existing trees

and new planting. This duty is enshrined in adopted Oxford Local Plan Policies CP1, CP11, NE15 and NE16, which indicate that planning consent will not be granted for any development that does not show a high standard of design, including landscape treatment that respects the character and appearance of the area, and retains any important landscape and ecological features.

24. The former Dorset House site is important in terms of the public visual

amenity provided by its significant tree cover. The site’s northern boundary abuts the London Road, the principal arterial route into the city from the east, and the tree cover on the site makes a valuable contribution to the appearance of the area, which is densely stocked with mature trees. The western site boundary is flanked by a line of street tree limes planted in the pavement along Latimer Road.

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25. The Oxford City Council- London Road (No.3) Tree Preservation Order

2004 (04/00015/ORDER) covers the site. This originally included 11 individual trees dotted around the site and two groups of trees, one along the London Road frontage and one in the centre of the site. Two trees, T.9 and T.11 have been removed since 2004. The site also contains a number of other small or otherwise insignificant trees; in total there are around 50 trees on the site.

26. Pre-application discussions required that the current proposal should be

specifically designed around the trees, as a constraint of the site, in order to address previous concerns about proximity and potential damage and loss of trees. No significant tree removals are proposed. The scheme involves the loss of 13 trees in total, only one of which is covered by the TPO, a cherry tree (T.8 in the TPO) that stands set back from the western boundary. This is considered a low and acceptable impact, and would be mitigated by new planting.

27. The front elevation of the Hillstow Building is within 3m of the extent of the

crown spread of the lime trees, T1-4 (Application numbering). Similar relationships between trees and proposed buildings exist elsewhere. Given the maturity of the trees the crowns are not likely to increase greatly in the future, and in the context of the intended student accommodation usage for the site, this juxtaposition is considered acceptable.

28. The scheme also involves realignment and widening of the public highway

pavement along the eastern side of Latimer Road. This proposal is positive as the highway limes there have grown in girth to the extent now that the pavement is impeded for pedestrians and the surface has been made somewhat uneven underfoot. The work should not cause significant harm to tree roots providing it is carried out with care. No objection is therefore raised.

29. The arboricultural report accompanying the application also includes a

detailed survey of the trees on the site and notes that three mature horse chestnuts along the London Road boundary and other trees principally within the copse in the centre of the site are in poor condition, due to disease and general poor health associated with late maturity. The assessment of trees is not disputed and it is considered that the trees have low useful life expectancies, despite their present positive contribution to public visual amenity. Whilst there is no intention to remove these trees at this stage, it may be necessary in due course, and there is therefore an opportunity to secure future high quality replacement planting by condition.

30. The risks to trees associated with this form of development are often

indirect, i.e. potential impacts on tree root zones and crown spreads. Therefore appropriate details will be required to provide adequate Construction Exclusion Zones to protect trees and storage of machinery and materials etc, which can be secured by conditions.

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Highways and Parking: 31. The proposed site fronts London Road which is now subject to a 20mph speed

restriction and also lies within the Headington West Controlled Parking Zone (CPZ). It is also within a relatively short walking distance of both the Oxford Brookes University and the Headington District Shopping Centre.

32. The proposed development involves closure of 5 access points on to the

adjoining London Road and Latimer Road which would greatly reduce conflicts. The Highway Authority considers this would be a benefit in highway safety terms. One access point will remain beside No.60 London road serving 4 x disabled spaces together with a staff parking space, which is to be controlled by a transponder. Pedestrians will enter via the Lodge building to the western side of the development.

33. It is intended that the site be car parking free (except for disabled users and

one staff space as above) and the development would need to be excluded from the CPZ so that students would not be eligible for permits. Additionally a condition would be imposed that Oxford Brookes tenancy agreements with students would require them not to bring vehicles to Oxford.

34. Concern has been raised about traffic at the start and end of term. The

applicant states that as the intended students are 2nd and 3rd years, the period of arrival and departure is usually over a period of a few weeks, rather than over one weekend. In any event their Management Company would use a time allocation booking system to stagger arrivals and departures, taking account of the way in which students arrive (i.e. car, public transport etc) and ensuring adequate staff are available. This system exists at Slade Park. Two temporary car parking spaces would be provided at this time in addition to the 5 permanent spaces. Details of the booking system can be secured via condition and the Highways Authority raise no objection.

35. There would be considerable impact on cycle infrastructure to and from the

college, city centre and Headington centre and therefore a contribution is required of £38,226.00 towards enhanced cycle measures in the area.

36. In terms of cycle parking, in accordance with the Local Plan requirements a

total of 158 spaces are required. 178 spaces are provided and the majority of spaces are in a secure sheltered and safe location. Cycle parking for visitors is also provided and in an accessible location near to the entrance.

37. The development also includes the widening of the section of Latimer Road,

adjacent to the site boundary and with 42 London Road. This has been the result of public consultation with residents. The Highways Authority raises no objection to the widening of the existing footway and the applicant must enter into a Section 38 Agreement with the Highway Authority for the works and implementation before occupation of the development, which can again be secured by condition.

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38. The Highway Authority considers that the scheme will not have significant effect on traffic generation on the adjoining highway network and therefore raise no objections subject to the comments above.

Other Issues: Sustainability: 39. A Natural Resource Impact Analysis (NRIA) has been submitted and the

development scores 7 out of 11 on the checklist score (a minimum of 6 /11 required). The NRIA states that solar panels will be investigated to provide solar energy for hot water and energy, and they will explore the possibility of ground source heat pumps. The orientation and design of the buildings has been done, within the constraints of the site, to maximise natural daylight whilst minimising solar gain. High levels of insulation are proposed. Locally produced materials will be sourced and timber from sustainable sources. Officers consider that the proposals are in accordance with the Local Plan policy to increase energy efficiency, use of renewable energy sources and reducing carbon emissions. A condition attached to any permission would secure further details of these measures prior to construction and their implementation.

40. The development proposes a sustainable drainage strategy including

permeable paving for the car parking and main footpath areas. Elsewhere footpaths that are not permeable would be sloped to allow natural drainage into the landscaping. Soft landscaped areas would be designed to contain surface water and prevent runoff on to hard landscaped areas. This could be secured by condition.

Ecology: 41. A Phase 1 Habitat Survey and Bat Survey was submitted. A substantial

inspection and emergence survey was carried out which shows that the site is not on a possible bat flyway and that the likelihood of bats using roof spaces is small. It is therefore considered that an offence under the Habitats Directive is unlikely to occur. However, there is still a small chance that an offence could take place and the applicant is therefore recommended to take the precaution of undertaking a further survey before demolition. Officers also support the recommendations made in the Biodiversity report regarding provision of bat and bird boxes, which could be secured by condition.

Conclusion: 42. The proposed development would provide much needed student

accommodation, intended for Oxford Brookes University, and is acceptable in principle. The buildings have been designed to retain, where possible, important trees, which would in part screen the development and improve its setting. Overall the design and appearance is considered appropriate within the context of the site and surroundings, and would enhance the character and appearance of the area and not appear overbearing or intrusive in the street scene. There would be no significant adverse impact on neighbouring residential amenities or highways and parking and tree

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coverage is maintained. Officers therefore recommend the application be supported, subject to conditions and S106 contributions.

Human Rights Act 1998 Officers have considered the Human Rights Act 1998 in reaching a recommendation to grant planning permission, subject to conditions. Officers have considered the potential interference with the rights of the owners/occupiers of surrounding properties under Article 8 and/or Article 1 of the First Protocol of the Act and consider that it is proportionate. Officers have also considered the interference with the human rights of the applicant under Article 8 and/or Article 1 of the First Protocol caused by imposing conditions. Officers consider that the conditions are necessary to protect the rights and freedoms of others and to control the use of property in accordance with the general interest. The interference is therefore justifiable and proportionate. Section 17 of the Crime and Disorder Act 1998 Officers have considered, with due regard, the likely effect of the proposal on the need to reduce crime and disorder as part of the determination of this application, in accordance with section 17 of the Crime and Disorder Act 1998. In reaching a recommendation to approved, officers consider that the proposal will not undermine crime prevention or the promotion of community safety. Background Papers: 10/03136/FUL Contact Officer: Felicity Byrne Extension: 2159 Date: 2nd March 2011

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