References: P/2019/2892 00607/228-246/P2

Address: Morrisons, 228-246 High Street, Brentford, TW8 0JG

Ward: Syon

Proposal: Variation of Conditions 2 (Approved Plans), 7 (Accessible and adaptable dwellings), 8 (Acoustic), 10 (Drainage), 18 (Written Scheme of Investigation), 23 (Approved plans labelled 'Retail 1-4 and internal serving routes), 28 (Units shown as 'Retail 1-4'), and 33 (Unit shown as 'Food Store') for minor amendments to the approved unit mix (including a reduction of the number of units to 215), unit tenure (to market and affordable housing), and external appearance of the buildings following planning permission Ref. 00607/228-246/P1 dated 04/05/2018 for demolition of the existing foodstore and redevelopment to provide A1 retail use in Building A and flexible A1/A3/A4 retail/café/bar uses in Buildings A and B, self-contained dwellings (C3 Use Class) across Buildings A and B, car parking spaces, associated hard and soft landscaping, new pedestrian access through the site and public and private amenity space.

This application is being taken to planning committee as a minor material amendment application requiring a Deed under S106 of the 1990 Act.

This application was deferred from June Planning Committee following the submission of an objection letter from lawyers acting on behalf of Morrisons (the tenant) on the day of committee. The contents of this letter and response to each point are provided in Section 5 of this report.

1.0 SUMMARY

1.1 The application seeks a minor material amendment to the original scheme to reduce the number of flexible A1/A3/A4 units from three to two, to convert the self-contained dwellings from private rental sector units to traditional market sale and affordable housing units (shared ownership and London Affordable rent) with a reduction of units from 221 to 215 and elevation changes to both blocks.

1.2 The Minor Material amendment application would provide an uplift of affordable housing from 25 % to 66%, improve the quality of accommodation to be provided and would retain the large retail food store on site and would contribute positively to the character of the area and would not harm neighbours’ living conditions.

1.3 Therefore the minor material application is recommended for approval subject to conditions and a Deed of Variation.

2.0 SITE DESCRIPTION

2.1 The 0.63 ha site is in Brentford Town Centre and is currently occupied by a Morrisons supermarket (planning Use Class A1) and car park, each occupying

PLANNING COMMITTEE

Rupinder.dhoot@hounslow.gov.uk 9th July 2020

around 50% of the site. The site is bounded by High Street along its southern boundary, The Beehive public house and Half Acre to the west, Brentford County Court and Alexandra Road to the east, and Back Lane and the Old Brentford police station to the north.

2.2 Part of the western edge of the site lies within the St Paul’s Brentford Conservation Area, which adjoins the site to the north and west edge. The Butts Conservation Area lies further north west of the site. No.80 High Street to the immediate south and Alexandra House to the east are Grade II Listed buildings. The Beehive, No’s 33-37 Holy Acre, St Paul’s Church and St Paul’s Church of England Primary School are all locally listed. The Royal Botanic Gardens Kew World Heritage Site lies to the south of the site, across the River Thames.

2.3 Additionally, land on the opposing side of High Street lies within the 5 ha Ballymore site that has planning permission for a maximum of 111,821 square metres retail, leisure, business and community floor space and 876 dwellings.

2.4 There are a number of bus stops and stands along Back Lane, and Brentford rail station is less than 500 metres away the site. As a result the site has a ‘good’ Public Transport Accessibility Level (PTAL) of 4 (on a scale of 1 to 6 where 6b is the most accessible).

2.5 Brentford Town Centre is identified as a District Centre in the London Plan.

3.0 HISTORY

00607/228-246/P1 Demolition of the existing foodstore and redevelopment to provide 3,502 square metres A1 retail use and 661 square metres flexible A1/A3/A4 retail/cafe/bar use, 221 Private Rented Sector (PRS) apartments (C3 Use Class) across Building A and Building B, 90 car parking spaces, associated hard and soft landscaping, new pedestrian access routes through the site and public and private amenity space.

Approved with Legal Agreement: 4th May 2018

Judicial review claim CO/2348/2018: Dismissed 13/12/2018

00607/228-246/P1(NMA) Non material amendment to allow the changes to the wording of development to demolition of the existing foodstore and redevelopment to provide A1 retail use in Building A and flexible A1/A3/A4 retail/cafe/bar uses in Buildings A and B, self-contained dwellings (C3 Use Class) across Buildings A and B, car parking spaces, associated hard and soft landscaping, new pedestrian access through the site and public and private amenity space following planning permission 00607/228-246/P1 dated for 04/05/2018 of demolition of existing foodstore and redevelopment to provide 3,502 square metres A1 retail use and 661 square metres flexible A1/A3/A4 retail/cafe/bar use, 221 Private Rented Sector (PRS) apartments (C3 Use Class) across Building A and Building B, 90 car parking spaces, associated hard and soft landscaping, new pedestrian access through the site and public and private amenity space.

Approved: 24th January 2020

00607/228-246/P1(NMA1)

Non material amendments for condition 1 (extension of time) following planning permission 00607/228-246/P1 dated 04/05/2018 for Demolition of existing foodstore and redevelopment to provide A1 retail use in Building A and flexible A1/A3/A4 retail/cafe/bar use in Buildings A and B, self-contained dwellings (C3 Use Class) across Buildings A and B, car parking spaces, associated hard and soft landscaping, new pedestrian access through the site and public and private amenity space.

Approved: 01/05/2020

4.0 DETAILS

4.1 The original application was submitted by Essential Living. The site was then acquired by L&Q who are a registered social housing provider. L&Q are now seeking to amend the planning permission in order to deliver a more conventional mix of private market sale and affordable housing.

4.2 The application seeks to vary Conditions 2 (Approved Plans), 7 (Accessible and adaptable dwellings), 8 (Acoustic), 10 (Drainage), 18 (Written Scheme of Investigation), 23 (Approved plans labelled 'Retail 1-4 and internal serving routes), 28 (Units shown as 'Retail 1-4'), 32 (South and North Elevations) and 33 (Unit shown as 'Food Store') for minor amendments to the approved unit mix (including a reduction of the number of units to 215), unit tenure (to market and affordable housing), and external appearance of the buildings.

4.3 The descrition of the original permission was amended under a Non-Material Amendment application as detailed above.

4.4 Comparisons of the approved scheme and currently proposed (amended scheme) are provided below:

4.5 Due to the proposed changes there are a number of conditions that would need to be amended. Condition 2 in relation to approved drawing numbers; condition 7 in relation to the number of ‘M4(3)’ Wheelchair user dwellings which reduces from 22 to 21 owing to the reduction of overall dwellings; conditions 8 (acoustic insulation) and 9 (drainage) by inclusion of technical notes; condition 18 (archaeological) changes from submission of Written Scheme of Investigation (WSI) to in accordance with approved WSI; condition 23 change wording from retail units 1-4 to retail units 1-3; condition 28 change wording to read retail 2-3 and condition 33 wording changed to read ‘retail 1’. The minor material changes to the original permission will also require the addition of new conditions and minor changes to the trigger point of condition 12.

4.6 The variation would also see elevational changes to both blocks A and B, mostly consisting of addition of balconies and changes to facing materials. These are explained further below.

5.0 CONSULTATIONS

5.1 286 neighbouring residents and businesses were notified on 22nd August 2019, site notice erected on the 13th September 2019 and a press notice published on the 6th September 2019. 286 neighbours were again notified on 7th February 2020 and a site notice erected on the 11th February 2020 on an amended description. Seven objections were received for the first round of consultations and five for the consultation on amended description, commenting as follows:

Comment Response

Too high, will block St Pauls The height has already been approved under the original permission. This variation would not change the approved height

Why is car parking needed? The application proposes parking in line with London Plan requirements for these uses.

Congestion and pollution It is not considered that the proposal would result in a rise of trip generation over and above the existing use, any congestion during construction would be short term

Offer supermarket to Morrisons This is not something that can be controlled by this application

A smaller local size shop is not adequate

The proposal would re-provide a large floor plate supermarket with two additional flexible commercial units.

Concerns about air quality The extant planning permission imposed a condition requiring further details to be submitted about protecting future residents from existing poor air quality

Brentford residents should be provided with a supermarket in the short term

The approved S106 agreement contains a clause to cover this; see Principle section of report.

Must acknowledge Roman Road The Roman Road has been acknowledged with the submission of a stage 1 Written Scheme of Investigation submitted and approved under a discharge of conditions application. Greater London Advisory Archaeological Service would carry out monitoring site visit when works commence.

Will create a vortex It is considered that buildings A and B are sufficiently separated to prevent this.

Use of natural gas is unacceptable The scheme proposes air source heat pumps and photovoltaic panels, although gas fired boilers are proposed the use of air source heat pumps will result in reduced demand on the gas fired boilers. Therefore the proposal accords with the London Plan energy hierarchy.

Court of appeal rules that the local planning authority has no power to vary conditions that would result in variation to development description.

The development description was amended to remove reference to the number and tenure of homes and the reference to the amount of commercial floor space and therefore the changes to the conditions would now not vary the development description. This is explained in the Legal Background section of this report.

5.2 On the 4th June 2020 a letter was received from Eversheds-Sutherland who are instructed by WM Morrisons Supermarket PLC. A summary of the issues raised by Eversheds is set out in brief below together with a corresponding response:

Comment Response

The s73 application is invalid as the applicant has not served the correct notice on Morrisons as an “owner”

Morrisons did not have a lease for seven or more years remaining unexpired on the relevant date(s) and therefore as they are not regarded as an “owner” there was no duty under the Town and Country Planning Act for the applicant to serve notice on Morrisons. Therefore the application is valid and certificate A on the application form is correctly completed.

Morrisons were sent a consultation letter when the application was validated and again when the description of the development was amended and they responded with a letter of objection on both occasions and have therefore had the opportunity to make representations.

Morrisons were not notified of the s96A application and were not served with the correct notice as an “owner”.

Morrisons did not have a lease for seven or more years remaining unexpired on the relevant date(s) and therefore there was no duty under the Town and Country Planning Act for the applicant to serve notice on them. There is no requirement to send out consultation letters for s96a applications under the Town and Country Planning Act.

The s96A has the incorrect dates The dates on the decision letter do incorrectly state January 2019 instead of January 2020, however the correct date of when the application was received (December 2019) clearly highlights that the January 2019 dates were an error in drafting the letter.

The s96A application makes no reference to the removal of the commercial floorspace restrictions.

The s96A letter does refer to the removal of the commercial floorspace in the first page of the letter where the original description and amended description are listed.

Without the s96A application the s73 application could not be granted

This is correct. See box below and proceeding paragraphs in legal background section.

The s96A and s73 applications result in fundamental alterations to the development authorised by the Original Permission

The s96A approvals did not fundamentally alter what was authorised by the planning permission; the matters removed from the description were non-material amendments that were already secured within the approved plans and documents. The minor material nature of the s73 application is explained in the proceeding paragraphs of this

report.

5.3 Greater London Archaeological Advisory Service commented that the western part of the site needs to be included within the Written Scheme of Investigation. Further to this a Written Scheme of Investigation was submitted to satisfy condition 18 of the original permission, this was subsequently approved and included the west part of the site. Details outlined above.

5.4 Historic England commented that they had no comments to make.

5.5 Transport for London commented that it was deemed that there were no new highway or strategic transport issues to raise, however that the applicant should still take the following into consideration:

The number of car parking spaces meet draft London plan policies T6.1 and T6.3.

The proposal provides only blue badge parking for residents, which is welcomed

The development meets draft London plan policy T6.E in regards to electric vehicle charging

The number of cycle parking spaces meets the Draft London plan.

5.6 The London Borough of Richmond commented that they raise no objection.

5.7 The Greater London Authority (GLA) commented as follows:

• Land use principle: Mixed use redevelopment and housing intensification of this Town Centre site is strongly supported.

• Housing and affordable housing: The 68% affordable housing comprising a

36:64 split between affordable rent and shared ownership (by habitable room) accords with the minimum tenure mix requirements in the draft London Plan and, as such, the scheme is considered eligible for the ‘Fast Track Route’. However, this is subject to the affordable housing being secured unconditionally by Section 106 agreement alongside an Early Stage Review Mechanism. In addition, affordability levels for affordable rent and intermediate units should be confirmed and secured, in line with the draft London Plan. Further discussion on play space requirements and off-site provision is required.

• Urban design: The design amendments would ensure the provision of an

enhanced scheme in terms of design, layout, residential quality and appearance, which is strongly supported.

• Heritage: As with the extant planning permission, the application would not

harm designated heritage assets and would not compromise the Royal Botanic Kew World Heritage Site.

• Climate change: The revised energy strategy is supported. The application complies with the climate change policies in the London Plan and draft London Plan.

• Transport: Residential and retail car parking and cycle parking accords with the

standards in the draft London Plan and should be secured by condition. A financial contribution of £50,000 will be required towards the Cycle Superhighway which will run along High Street.

5.8 A Stage 2 referral will be required.

OBJECTIONS LIST

5.9 The application was placed on the Pending Decisions List dated 6th- 13th March 2020 (Week 10) stating that the application would be recommended for approval and decided at Planning Committee.

6.0 POLICY

Determining applications for full or outline planning permission

6.1 The determination must be made in accordance with the development plan unless material considerations indicate otherwise. Local finance considerations must also be assessed.

The National Planning Policy Framework

6.2 The National Planning Policy Framework (NPPF) was revised on 19 February 2019. The April 2014 National Planning Practice Guidance (NPPG) is an online guidance resource that supports the NPPF. Where pertinent, the NPPF and NPPG are material considerations to be taken into account in decision-making.

The Development Plan

6.3 The Development Plan for the Borough comprises the Council's Local Plan (adopted by the Council on 15 September 2015), the West London Waste Plan and the London Plan Consolidated with Alterations since 2011.

6.4 The draft New London Plan has been through Examination in Public, but has not yet been adopted. The weight given to it remains a matter for the decision maker at this stage, however it now carries greater weight with the Mayor issuing an intent to publish.

6.5 The Council are currently undertaking two Local Plan Reviews; the West of Borough Local Plan review and the Great West Corridor Local Plan review.

6.6 The adopted Local Plan documents and emerging Local Plan Review documents can be viewed on the Planning Policy pages of the Hounslow website.

6.7 London Plan- relevant policies

Policy 3.3 Increasing housing supply

Policy 3.5 Quality and design of new housing (Table 3.3 minimum space

standards)

Policy 3.8 Housing Choice

Policy 5.2 Minimising carbon dioxide emissions

Policy 5.3 Sustainable Design and Construction

Policy 6.13 Parking

Policy 6.9 Cycling

Policy 7.1 Lifetime neighbourhoods

Policy 7.4 Local Character

Policy 7.6 Architecture

6.8 The draft London Plan December 2017

D2 Delivering good design

D3 Inclusive design

D4 Housing quality and standards

D6 Optimising housing density

H1 Increasing housing supply

H5 Delivering affordable housing

H7 Affordable housing tenure

H12 Housing mix size

T5 cycle parking

T6.1 Residential parking

6.9 Local Plan- relevant policies and documents

IMP1 Sustainable Development

IMP2 Delivering Site Allocations

SC1 Housing Growth

SC2 Maximising the provision of affordable housing

SC3 Meeting the need for a mix of housing size and type

SC5 Ensuring suitable internal and external space

CC1 Context and Character

CC2 Urban design and architecture

EQ1 Energy and carbon reduction

EQ2 Sustainable design and construction

EQ4 Air quality

EQ5 Noise

EQ7 Sustainable waste management

EC2 Developing a sustainable local transport network

6.10 Site allocation (Site reference 18) in Local Plan as a retail led-mixed town centre use including residential, with an appropriate level of town centre car parking.

7.0 ASSESSMENT

7.1 The main planning issues to consider are:

Legal background

The principle

Affordable housing

Visual impact and design

Quality of the accommodation

Impact on neighbouring residential amenity

Parking, servicing and access

Sustainability

Environmental consideration

Legal Background

7.2 The purpose of this section of the report is to give some background on legal matters surrounding the original application. That application was subject to a Judicial Review which was dismissed and therefore by the provisions of Section 91(3B) of the Town and Country Planning Act the planning permission expiry date was extended by a year to 4th May 2022. This change is a matter of fact by law, however the applicant submitted a Section 96A (Non-material amendment) application to have this formally recorded. This application was approved on the 1st May 2020. Condition 1 of the original consent therefore reads:

1. The Development hereby approved, shall be begun no later than the expiration of four years from the date of this permission.

7.3 The original application was submitted by Essential Living. The site was then acquired by L&Q who are a registered social housing provider. L&Q are now seeking to amend the planning permission in order to deliver a more conventional mix of private market sale and affordable housing.

7.4 The proposed changes would result in alterations to the number, tenure and mix of homes to be provided; it would also result in the change to the number of commercial units and floor area of the commercial floor space. The large format foodstore (A1) floor area would increase and the flexible A1/A2/A2 units would be reduced from two to three. Both of these items were explicitly referred to in the description of the original development approved on the 4th May 2018. The development description was recorded in the decision notice and S106 legal agreement as:

“Demolition of the existing foodstore and redevelopment to provide 3,502 sqm A1 retail use and 661 sqm flexible A1/A3/A4 retail/cafe/bar use, 221 Private Rented Sector (PRS) apartments (C3 Use Class) across Building A and Building B, 90 car parking spaces, associated hard and soft landscaping, new pedestrian access routes through the site and public and private amenity space.”

7.5 The Court of Appeal’s decision in Finney v Welsh Ministers held that a Section 73 (Minor-material amendment) application cannot be used to amend the description of the development (or “operative part” of planning permissions); A S73 can only be used to amend planning conditions. Section 73(2) states

“On such an application the local planning authority shall consider only the

question of the conditions subject to which planning permission should be

granted, and —

(a) if they decide that planning permission should be granted subject to conditions

differing from those subject to which the previous permission was granted, or that

it should be granted unconditionally, they shall grant planning permission

accordingly

7.6 However the case held open the possibility that the description of development could be amended under a Section 96A application, provided that the amendment is not material.

7.7 Therefore a Section 73 application cannot amend the original description of the development regardless of the proposed changes to the type, tenure and number of homes proposed or the commercial floor space. Consequently a Section 96A (Non-material amendment) application was submitted on the 17th January 2020 which sought to change the development description from that stated above to:

Demolition of the existing food store and redevelopment to provide A1 retail use in Building A and flexible A1/A3/A4 retail/café/bar uses in Buildings A and B, self-contained dwellings (C3 Use Class) across Buildings A and B, car parking spaces, associated hard and soft landscaping, new pedestrian access through the site and public and private amenity space.

7.8 The S96A application was approved on 24th January 2020. The change simply neutralised the development description to omit the number and tenure of units and to omit the amount of commercial floor space and number of parking spaces. Therefore any changes to conditions proposed would not require this new development description to be changed, and a S73 application can be utilised. The number of units and commercial floor space can be secured by imposing planning conditions.

7.9 When determining a S73 application the Local Planning Authority can impose conditions beyond those proposed in the application. However any conditions imposed should only be ones which could have been imposed on the original consent. It has been held that the amendments permitted should not amount to a “fundamental alteration” of the original proposal. In the case of this application

the scheme remains the same in height, massing, siting and land uses. The number of new homes proposed decreases by six and although one smaller commercial unit would be removed the changes result in a larger food store floor area and an overall uplift on commercial floor space of 1.8 square metres. It is therefore considered that the subject S73 application would be within the confines of the original consent and are therefore ‘Minor Material Amendments’. The acceptability of these Minor Material amendments will be discussed in the remainder of this report and where necessary and relevant it will refer back to the Judicial Review of the original consent. It is not considered that the changes sought to the original proposal are such to amount to a fundamental alteration of the approved scheme and accordingly this minor material amendment application is appropriate.

Principle

Policy

7.10 Paragraph 14 of the National Planning Policy Framework (NPPF) states that there is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision taking. Paragraph 7 advises that there are three dimensions to sustainable development: economic, social and environmental.

7.11 Policy IMP1 (Sustainable development) of the adopted Local Plan sets out that the Council will implement the Local Plan in accordance with the principles of sustainable development. Further, policy IMP2 (Delivering site allocations) states that the Council will ensure that site allocations contribute to the delivery of sustainable growth and supporting infrastructure.

7.12 In the adopted Local Plan, the application site is allocated (Site Reference 18) as a retail-led mixed town centre use including residential, with an appropriate level of provision for town centre car parking. The mixed use allocation is based on a floor space ratio of 75:25 retail to residential use. It is further states that the existing supermarket continues to play an important role in the provision of large floor plate retail floor space in Brentford; however a diversification of uses could also contribute to the regeneration of Brentford Town Centre. This site allocation is not proposed to be changed as part of the Local Plan review that is being prepared for examination at the time of writing this report.

7.13 The proposed S73 development (as did the original) comprises a greater amount of residential floor space (20,605 square metres) against its provision for retail/commercial (4,164.8 square metres), at a ratio of 20:80 retail to residential. However, it is considered that, like the original scheme, the overall retail provision has not been compromised through the residential element of the proposal; with no residential apartments on the lower two floors of Building B or lower three floors of Building A.

7.14 Further, the development would re-use a brownfield site and provide for an enhanced retail offer in a defined town centre, which accords with stated aims in the NPPF, London Plan and Local Plan. In addition, 215 apartments would help deliver much-needed housing for the Borough propose a larger portion of affordable housing (66%) and contribute to regeneration of Brentford Town Centre,

in line with the aims of Local plan Policy SC1 (Housing growth), TC2 (Ensuring the future vitality of town centres) and TC4 (Managing uses in town centres).

7.15 The original application committee report concluded: “it is considered that the proposed development would be in general accordance with the Local Plan allocation for the site and the broader objectives of the plan. The proposal is therefore acceptable in land use terms, notwithstanding the other planning issues that will be discussed in turn”. However the Judicial Review on the original consent challenged that “(1) the Officer’s Reports ought to have stated that the proposal was not in accordance with a relevant Local Plan policy, IMP2 and the site allocation, nor therefore with the development plan” The judgement held that this was an error in the report and that the proposal did not accord with policy IMP2 or site allocation of the Local Plan. However the judge concluded “I am satisfied that, had the Officer not made the error which I have found he did, he would still have concluded lawfully that the proposal accorded with the development plan as a whole, and planning permission would still have been granted. Even if he might have concluded that it did not, it is highly likely he would still have lawfully recommended that planning permission be granted and that the outcome for Morrisons, without the error, was highly likely still to have been the same”.

7.16 Therefore it is stated for the purpose of this report and to avoid misinterpretation that this S73 application also does not accord with policy IMP2 and the site allocation because the 75/25 split of commercial/residential respectively is not achieved. However for the same reasons that the original scheme was considered acceptable; that the proposal does generally comply with the Local Plan; would provide an enhanced food store offer and in addition would provide an uplift in affordable housing from 25% to 66%; a better size and mix of units, as well as more traditional tenure of affordable housing, this submission is therefore considered acceptable in land use terms.

Impact of closure on the viability and vitality of Brentford Town Centre and effectiveness of alternative arrangements in s106.

7.17 The Judicial Review on the original consent challenged “(2) - that the Council ought to have assessed and considered the impact of the closure of the existing Morrisons supermarket on the viability and vitality of Brentford Town Centre, and the extent to which the proposed alternative arrangements in a S106 would be effective in reducing that adverse impact or, as effective, when finalised, as the Council had anticipated when resolving to grant permission; the Council and Essential Living respond that there was no need for an assessment to be carried out of the temporary loss of a town centre supermarket pending redevelopment of a town centre replacement, and the proposed alternative arrangements met the requirements of the resolution to grant permission”.

7.18 It was concluded that when the Council allocated the site in its Local Plan for a mixed use scheme the impact of the closure of the supermarket on site would have been taken into consideration and how this would impact the viability and vitality of the Town Centre. The Judge concluded “I also take the view that the very policies for Brentford Town Centre retail regeneration, coupled with the site allocation of the Morrisons store site for retail redevelopment, mean that acceptance of the temporary disruption to convenience trade on the site, the loss of car parking serving the town centre more generally, and the effect which that

would have other town centre trade, had been built into the policy.”

7.19 In regard to the alternative arrangements, which form part of the S106 obligations, these were outlined in the officer’s Committee report and addendum report presented to members before resolving to grant permission. Those measures are bound to the original planning permission and any further S73 application which looks to amend such planning permission. For the purpose of completeness and transparency, the obligation in the S106 reads as follows:

Affordable housing, mix and tenure

7.20 London Plan Policy 3.8 encourages new developments to offer a range of housing choice in terms of mix, housing sizes and types. The draft London Plan housing target for Hounslow, based on a city-wide strategic housing market assessment (SHMA), is 2,182 new units compared with the existing annual target of 822 (Further Alterations to the London Plan,15).

7.21 Rising housing need and homelessness, combined with severe shortage in the supply of affordable private sector rental accommodation have resulted in escalating deficits in the Council’s Temporary Accommodation budget. It is a corporate priority to secure 5000 affordable homes by 2022 with 3000 affordable rent dwellings. Increasing supply is part of the solution and the Borough is very focussed on promoting new housing delivery.

7.22 Local Plan Policy SC2 seeks the maximum reasonable amount of affordable housing to be negotiated on a site-by-site basis on all sites with a capacity to provide ten or more homes with reference to the strategic borough- wide target of 40%. It therefore expects development proposals to be accompanied by an open book viability assessment and any supporting evidence to demonstrate the maximum provision of on-site affordable housing. It also expects a mix of 60% affordable/social rent and 40% intermediate tenures on all qualifying sites; with an appropriate mix of both housing size and tenure in accordance with housing needs set out in Policy SC3.

7.23 This S73 application proposes to amend the number, mix and tenure of housing, with an increase in affordable housing provision. The original scheme proposes

221 homes whereas the current one proposes 215 homes. The reduction in six flats is a result of removing all studio flats and providing more three bedroom homes. The consented scheme would provide 25% (55 homes) as affordable housing in the form of Discount Market Rent (DMR) homes with the remainder as Build to Rent (PRS) homes. The S73 application looks to amend this to provide traditional affordable housing in the form of shared ownership and London Affordable Rent (LAR) units, increasing the affordable percentage to 66% (141 homes) with the remainder as market sale dwellings. The rent levels would align with the benchmarks for London Affordable rents set by the London Plan. As per the 2016-21 Affordable Homes Programme Funding Guidance, the GLA will update its London Affordable Rent weekly rent benchmarks on an annual basis, updating each one by the increase in CPI for the previous September plus 1%. For a one-bedroom dwelling this rent would be £159.31 per week, for a two-bedroom £168.67 per week and for three-bedroom 178.05 per week for the period 2020/21.

7.24 The table below provides a breakdown of the approved and amended unit mix.

7.25 The proposed affordable housing offer would exceed the Borough-wide target by 26%. There would be 44 LAR flats and 97 Intermediate/share ownership homes. When considering the policy-compliant portion only (i.e. 40%/ 86 homes) the provision would be 44 LAR homes and 42 shared ownership homes. This would equate to eight fewer LAR dwellings than the policy target, but eight more shared ownership homes. The tenure split of the proposed affordable housing therefore does not fully comply with policy requirements in terms of the 60/40 split.

7.26 A policy compliant scheme in terms of home sizes and tenures would be:

one bedroom

two bedrooms

three bedrooms

four bedrooms total

intermediate 12 14 6 3 34

social or affordable rent 13 23 13 3 52

Total 25 37 18 6 86

7.27 The scheme proposes the following mix and tenure of homes:

one bedroom

two bedrooms

three bedrooms total

intermediate 33 44 20 97

social or affordable rent 17 19 8 44

Total 50 63 28 141

7.28 A financial viability assessment was submitted with the application which has been appraised by surveyors acting on behalf of the Council who have found that the S73 application, if implemented, would show a significant deficit and that the current viability position does not support increased affordable housing provision.

7.29 Although the tenure split and size of homes does not fully comply with policy requirements it is considered that on balance the overall uplift in affordable housing from 25% to 66%; the removal of small studio units and improvement in quality of flats provided, would contribute positively to the Borough-wide targets for quality affordable homes. The applicant is also providing traditional London Affordable Rented units over Discount Market rent, which can be let to those in housing need on the Council’s housing register. Therefore in this case the deviation from policy is considered acceptable and an improved offer from the already consented scheme.

7.30 It is recommended that the early stage viability review be retained in the S106 to capture any further uplift in affordable housing.

Visual impact and design

7.31 Local Plan Policy CC1 states that the Council will recognise the context and varied character of the borough’s places, and seek to ensure that all development conserves and takes opportunities to enhance their special qualities and heritage.

7.32 Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 outlines that when considered whether to grant planning permission for development which affects a listed building or its setting, special regard should be had to the desirability of preserving the building or its setting or any features of special architectural or historical interest which it possesses.

7.33 The approved design was considered to be high quality and established the physical parameters as to height, scale and mass. In terms of visual impact and design, the assessment which needs to be made with this S73 application is whether the amendments and alterations to the buildings from the approved scheme are acceptable.

7.34 The S73 application proposes several minor changes to the elevation treatment of the two blocks as follows:

• Provision of balconies and or terraces to all dwellings to better meet the

requirements of the proposed change to tenure. The majority of these are projecting metal balconies, with the exception of a single set of inset balconies on the eastern elevation of Building A;

• Removal of metal cladding on upper floors, replaced with alternating projecting brickwork courses to create a ‘ribbed’ effect to better complement the addition of metal balconies across the scheme;

• Removal of pre-cast framing to commercial and residential entrances, replaced with brickwork reveals including glazed brickwork as a result of a review of how to include more references to local character within the design;

• Introduction of a range of different window components including full height glazed, and those with metal spandrel panels or Juliet balconies to replace the metal cladding originally provided to add interest and variety to the elevations; and

• Building A podium parapet design has been updated to feature an extension of the approved car park grilles seen on the rest of Building A. This extends up to the podium level, topped with a brick parapet wall and openings fronted with a metal balustrade. This represents an evolution from the green wall and full-height glazed screen in the approved scheme towards a more robust brick proposal that provided better integration with the façade and reduces the amount of regular maintenance required. A green link to the High Street remains by way of an improved landscaping strategy for the podium courtyard which includes a variety of shrubs and planting.

7.35 In addition to the elevational changes, the application seeks minor amendments to the physical parameters of the approved scheme as follows: Building A

• North wing inset from ground level upwards (previously inset from 3rd floor, or 2nd floor when viewed from Back Lane); and

• North wing inset further at 3rd floor (or 2nd floor when viewed from Back Lane) to provide a deck access arrangement to new dual aspect 3-bed units located in this section of the block.

Building B

• Arcade route and Retail Unit 4 facing onto Half Acre have been removed, and Retail Unit 2 enlarged; and

• 10th storey setback footprint amended to accommodate 4no. 2-bed units. However, the overall height and building line to the south of the setback storey has not changed.

7.36 Images of the approved scheme and the proposed scheme are shown below:

Approved street views

Proposed street views

Approved site

Proposed site

7.37 The original scheme report outlined that the heights of the blocks form an

appropriate relationship with the immediate and wider context, whilst remaining prominent to mark the eastern and northern gateways to the High Street.

7.38 The report went on that the proposed development would introduce new built form to re-establish the commercial character and defined street edge along High Street. Whilst the two new buildings would clearly be taller than the present building on site, it is considered that careful consideration has been given to breaking up the bulk and scale of the upper floors through provision of north-south ‘wings’ above the second floor of Building A and new public space between the two buildings.

7.39 These key elements would remain unchanged and the amendments proposed would contribute positively to the already approved height, mass and design of the scheme, whilst allowing changes to provide better quality of internal and external amenity areas for future residents. The proposed changes, like the consented scheme, would not harm designated heritage assets and would not compromise the Royal Botanic Kew World Heritage Site.

7.40 Therefore it is considered that the proposed alterations and buildings as a whole would not harm the character and appearance of the surrounding area, conservation areas or nearby heritage assets.

Quality of the accommodation

Internal space provision

7.41 The Nationally Described Space Standards provide minimum internal floor areas for all new homes and are mimicked in London Plan policy 3.5. Below is a section of London Plan Table 3.3 which shows the minimum space standards for homes of one, two and three bedrooms as proposed:

7.42 All of the proposed homes would meet or exceed the minimum space standards with the one bed two person homes measuring between 50- 60.3 square metres; the two-bedroom three-person homes measuring between 61- 80.3 square metres; the two-bedroom four-person homes measuring between 71.4- 79.7 square metres and the three-bedroom five-person homes measuring between 87.6- 92.5 square metres.

7.43 London Plan Policy 3.5 also states that new homes should have adequately sized rooms and convenient and efficient room layouts, functional and fit for purpose, meeting the changing needs of Londoners. All the flats are well laid out with

sufficient layout of rooms ensuring bedrooms are coupled together where possible away from living space; each flat has storage space and private amenity areas. All double bedrooms measure at least 11.5 square metres and single bedrooms at least 7.5 square metres in line with the Nationally Described Space Standards.

Private amenity space

7.44 Local Plan policy SC5 and the Mayor’s Housing Supplementary Planning Guidance (SPG) state that each unit of up to two people should be provided with at least five square metres of private amenity space and one square metre for each additional occupant. The consented scheme only provides private amenity space for 66 flats. This amendment looks to increase this so that all 215 homes have access to either a private terrace or a private balcony. All the private amenity areas would meet or exceed the requirements with the larger three-bedroom five-person homes exceed the minimum requirements.

Communal amenity space

7.45 Communal amenity space should also be provided in line with Local Plan Policy SC5. This states that for each dwelling of up to three habitable rooms 25 square metres should be provided and for four habitable rooms 30 square metres. Therefore a total of 5,515 square metres of communal amenity space would be required, less a reduction in the total private amenity space, which is 1,669 square metres leaving a requirement for 3,846 square metres of communal space.

7.46 The total amount of communal amenity space to be provided as part of the amendment application is 860 square metres; this is a shortfall of 2,986 square metres. The consented scheme provides 1,254 square metres of communal amenity space, but only provides 321 square metres of private. It is considered that whilst the amount of communal amenity space on site would be less than the consented scheme, each home would now be provided with generous private amenity space that meets or exceeds requirements and improves living conditions over and above those already approved and therefore on balance the shortfall is acceptable in this case. Residents would also have use of the improved public realm in the form of the new public square.

Play space

7.47 London Plan Policy 3.6 states that development proposals that include housing should make provision for play and informal recreation, based on the expected child population generated by the scheme and an assessment of future needs. Policy S4 of the draft London Plan states residential developments should incorporate high quality, accessible play provision for all ages, of at least 10 square metres per child. Play space provision should normally be provided on-site; however, off-site provision may be acceptable where it can be demonstrated that this addresses the needs of the development and can be provided nearby within an accessible and safe walking distance, and in these circumstances contributions to off-site provision should be secured by Section 106 agreement.

7.48 ‘Door step’ play space would be provided for under-fives within the communal podium courtyard of Block A, which would have a much higher child yield as this is the block that would contain the largest amount of three-bedroom homes. The

amount of play space now proposed on-site would be 153 square metres more than the approved scheme. Although this still does not meet the overall requirement all of the remaining play space requirements would be met off site at the St Paul’s Recreation Ground, which is located approximately 100 metres to the north east of the site and is accessible via a safe and convenient three-minute walk. This arrangement was considered acceptable on the original scheme given the constraints of the site and access to alternative existing play space provision.

7.49 In order to address the shortfall of play space on site the applicant should make a financial contribution to improve existing provisions at St Paul’s Recreation Ground through the S106 agreement. The consented scheme’s legal agreement contains an obligation for the applicant as follows:

“14.1 Within 6 months of Commencement of the development the Owner shall agree the scope and specification of the St Paul’s Recreation Ground Works with the Council and in consultation with the Friends of St Paul’s Recreation Ground.

14.2 The Owner shall obtain all necessary consents and approvals to complete the St Paul’s Recreation Ground Works and shall not Occupy or permit the Occupation of the Development unless and until the St Paul’s Recreation Ground Works have been completed to the Council’s reasonable satisfaction.”

7.50 Since the application was approved a schedule of works has now been agreed between the Council’s Parks Project team and the Friends Group. Therefore it is recommended that the S106 obligation in regard to St Paul’s Recreation Ground Works be

amended to require a financial contribution towards the works that have already been agreed. In this case a contribution of £30,000 has been agreed which will be put towards the delivery of an upgraded Multi-Use Games Area (MUGA) and fencing for the Dog Free area. L&Q have also agreed to enter into discussion with the Friends to come to an agreement about other works that L&Q can assist with.

Accessibility

7.51 The London Plan strongly supports the principles of Lifetime Homes and views these as fundamental to delivering the Government’s objectives of social inclusion, sustainability, equality and valuing diversity and identifies that the increased independent living they can bring will reduce pressure on hospital beds and residential care homes. The Minor Alterations to the London Plan state that 90% of new housing should meet Building Regulations requirements M4(2) ‘accessible adaptable dwellings’ with 10% meeting M4(3) ‘wheelchair user dwellings’ and should be designed to be wheelchair accessible or easily adaptable. This replaces Lifetime Homes Standards.

7.52 Local Plan Policy CC2 states that developments should be designed to be fully accessible to people with disabilities or impaired mobility.

7.53 The submitted plans and documents show that 21 flats would be wheelchair adaptable, meeting Building Regulations Part M4(3): (Wheelchair User Dwellings). Provision of these standards within the initial design is welcomed, and can be secured by condition. The remaining flats would comply with Part M4(2): (Accessible and Adaptable Dwellings). All wheelchair homes would be in Block A and served by blue badge spaces in the car park. There would be step

free access to all communal entrances and all dwellings. Therefore the proposal complies with London Plan policy 7.2 and draft London Plan policies D5 and D3.

Daylight/sunlight/outlook

7.54 All flats would be either dual or triple aspect and therefore they would have good levels of daylight/sunlight and outlook.

Noise

7.55 Local Plan Policy EQ5 (Noise) seeks to reduce the impact of noise from aviation, transport and noise-generating uses, and require location and design of new development to have considered the impact of noise, and mitigation of these impacts on new users and surrounding uses according to their sensitivity.

7.56 The consented scheme included a Noise Impact Assessment. This identified the main source of noise affecting the site to be road traffic along High Street, Half Acre and Back Lane. This assessment concluded that the site would not be unsuitable for residential development based on noise, and that the noise predictions indicate that suitable internal noise levels could be achieved through use of appropriate glazing and mechanical ventilation systems. The circumstances in regard to noise have not changed since the consented scheme was approved. Therefore details mitigation can be appropriately secured by condition as with the consented scheme.

Overlooking

7.57 The scheme has been designed to ensure that there is no overlooking between the proposed dwellings with the exception of windows between the closest aspects of building A and B. A condition (32) was imposed requiring that the southernmost and northernmost windows to levels 02-08 to be non-opening and fitted with obscure glazing, although the applicant has asked to remove this condition, no other measures are proposed to protect future residents from overlooking and so this condition should be carried over to the S73 application.

Impact on neighbouring residential amenity

7.58 Local Plan Policy CC2 states that development proposals should provide adequate outlook, avoid being overbearing or overshadowing, and ensure sufficient sunlight and daylight to proposed and adjoining/adjacent dwellings.

7.59 The consented scheme decision concluded that there would be no overall adverse impact on neighbours’ sunlight or daylight; that there would be no overlooking; and that with appropriate mitigation measures to restrict delivery times and limiting noise levels of fixed plant there would be no increase in noise and disturbance. The same conclusions can be drawn here as in the approved proposal because there are no changes in footprint, siting or height; there are no additional windows that would give rise to overlooking and the same conditions can be imposed about delivery times and fixed plant noise levels.

Parking, access and servicing

Car parking

7.60 It is proposed to reduce the previously agreed parking provision by 12 spaces from 90 to 78. Of the 78 spaces, 72 would be for the retail uses (including 6 blue badge spaces) and 6 blue badge spaces for the residential use. In addition to the car parking provision, five motorcycle bays are proposed. This means that the level of parking provided will be lower than at present. The temporary Block G car park on the opposite side of the High Street within the Ballymore development is operational with 150 pay and display spaces and provides additional parking capacity for visitors to the town centre. Planning Committee have also resolved to grant reserved matters approval for the permanent car park building (Block G) providing over 500 car parking spaces. Therefore, the principle of reducing the number of car parking spaces on this site is acceptable.

7.61 However, there are two potentially significant implications of this, as indicated by the submitted car park accumulation surveys. The reduction in parking provision could lead to queuing to get into the car park if it is full and this in turn could lead to obstruction of buses trying to access the bus station which would not be acceptable. There could also be an increase in air pollution as a result of vehicle engines idling in a queue.

7.62 For these reasons the Council will need a variation to the S106 agreement to include the potential for Variable Message Sign (VMS) either at the car park entrance or on the High Street to advise drivers if there are spaces and avoid unnecessary trips onto Back Lane if the car park were to be full. This can ensure that buses are not inconvenienced and there is no idling whilst drivers queue. It is would be necessary that the basic infrastructure is put in place for a VMS sign fronting the High Street and that use of the car park is monitored. If queuing or air quality problems are recorded at any time following occupation then the Council should be able to require the applicant to implement appropriate measures to remedy the situation including the potential for a VMS sign to be erected. These mitigation measures should be included in the Car Park Management Plan (CPMP) clause of the S106.

7.63 Members are recommended to require details to be submitted showing means to control entry and exit to/from the car park, and that this must not lead to the potential for queuing on Back Lane. The car park management plan and in particular charging details will also need to be agreed. These must be in line with other car parks in the borough and be designed to dissuade/prevent long stay parking. These details will be secured through the CPMP clause of the s106.

Cycle Parking

7.64 A total of 347 cycle parking spaces would be provided for residents, divided between six separate stores, four to block A and two to block B, close to residential cores. This would be two spaces more than the 345 space London Plan requirement. The draft London Plan would require 387.5 spaces, however given that the principles of the development have already been approved and can be implemented and to ensure that there is enough space between cycle stands. compliance with current London Plan requirements is considered acceptable.

This is an uplift of 27 spaces from the extant planning permission.

7.65 The proposal also commits to re-providing the 24 long-stay cycle parking spaces for the commercial elements of the scheme that have been approved however these are not shown on the drawings. The number of short-stay cycle parking spaces would increase from 42 to 95. Details of the cycle parking provisions for all the uses on the site are to be conditioned.

Electric Vehicle Charging

7.66 Condition 20 of the extant planning permission requires that a minimum nine ‘active’ and nine ‘passive’ electric vehicle charging spaces be provided and this condition should be carried over on to this S73 application.

Deliveries

7.67 Servicing and delivery arrangements remain almost identical to those originally approved. An on-street 32-metre loading bay would be introduced along Back Lane as agreed in the consented scheme and would be secured via a S278 highways agreement. The only amendments to deliveries that were important to secure within the approved plans was the provision of a centrally-managed residential delivery area and a route along the north western corner of the site to avoid the need for goods to be trolleyed over the retained cobles. An centrally-managed delivery store has been provided within core A1 of block A and would allow easy access for deliveries from Back Lane, while the northern elevation has been set back to provide a 1.2m wide smooth path along the cobbles. All residents would have access to the delivery store via a fob access, but would be unable to access any other parts of core A1. The principles of all deliveries and servicing can be secured via the existing Delivery and Servicing Management Plan and Car Park Management Plan clauses in the existing S106 agreement.

Trip Generation

7.68 Trip rates are unlikely to be significantly affected by the revised proposal.

Waste and recycling

7.69 The submitted plans show that the proposed residential bin stores can easily accommodate the required number and sizes of bins as outlined below ; furthermore they are accessible from within the building cores.

7.70 The extant planning permission contains a condition that further detail be submitted of a scheme for the storage and collection of waste and materials to be recycled and that such facilities be provided prior to the first use commencing.

Cycle Superhighway (SC9)

7.71 As with the previous extant planning permission, and S106 agreement, a financial contribution of £50,000 would be provided for Cycle Superhighway Route 9, which will run along Brentford High Street immediately south of the site.

Sustainability

7.72 London Plan Policy 5.2 (Minimising Carbon Dioxide Emissions) applies to all developments and states that development should make the fullest contribution to minimising carbon dioxide emissions in accordance with the following hierarchy:

Be lean: use less energy

Be clean: supply energy efficiently

Be green: use renewable energy

7.73 As a major residential development the development should show a 35% reduction in emissions on Building Regulations Part L compliant baseline (2013), zero carbon homes, internal water use of 105L/Person/Day or less and sustainable material standards.

7.74 Based on the energy assessment submitted, an on-site reduction in CO2

emissions of 41% beyond 2013 Building Regulations compliance is expected on the domestic element and 34% on the non-domestic element of the scheme. This would be achieved through a range of energy efficiency measures, together with air source heat pumps and photovoltaic panels. Through this strategy, an overall site wide CO2 reduction of 39% would be achieved, which is an improvement on the extant planning permission (35%). The application therefore complies with London Plan Policy 5.2 and Policy SI2 of the draft London Plan.

7.75 The remaining carbon dioxide emission reductions shortfall would need to be met through a Section 106 contribution to the Council’s offset fund in order to meet the relevant carbon reduction targets for residential and non-residential uses.

Environmental consideration

Archaeology impact

7.76 The extant planning permission contained a condition (18) that prior to the commencement of works on site a stage 1 written scheme of investigation (WSI) be submitted. The applicant has submitted an approval of details application under reference 00607/228-246/P1(18) as detailed in the Planning History section of this report. Having now incorporated the western end of the site within the submitted stage 1 WSI GLAAS recommended approval of these details with monitoring visits to be undertaken when works commence on site.

Land quality

7.77 The Council Environmental Protection Team advise that details of intrusive site investigation are required to identify the extent and nature of contamination on site and therefore the condition as imposed on the extant planning permission needs to be carried over

Drainage

7.78 The Council’s Flood Risk Management Consultant raised no concerns with the proposed drainage strategy for the site, subject to appropriate conditions for the extant planning permission and so those conditions need to be carried over.

Air Quality

7.79 The London Borough of Hounslow declared a borough-wide Air Quality Management area in 2006 due to the exceedances of the air quality objective for nitrogen dioxide. Local Plan Policy EQ4 (Air Quality) states the Council will seek to reduce the potential air quality impacts of developments and promote improved air quality conditions across the borough, in line with the Air Quality Action Plan. This will be achieved, in part, by encouraging air quality-sensitive developments to be located in the most appropriate locations, and requiring mitigation measures to avoid adverse impacts on end users. Thus, air quality assessments must be carried out where major developments are proposed.

7.80 The extant planning permission contains a condition (9) requiring details of a scheme of mitigation for exposure to poor air quality internally for each dwelling prior to occupation, to ensure exposure to air pollution does not exceed national air quality objectives. This condition needs to be carried over.

8.0 EQUALITIES DUTIES IMPLICATION

8.1 The public sector equality duty applies to all council decisions.

8.2 A public authority or any person who exercises public functions must, in the exercise of those functions, have due regard to the need to:

(a) eliminate discrimination, harassment, victimisation and any other conduct prohibited by or under the Act;

(b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

8.3 Having due regard to the need to advance equality of opportunity, this involves having due regard, in particular, to the need to:

(a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;

(b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;

(c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

8.4 This shall include, in particular, but is not limited to steps to take account of disabled persons' disabilities.

8.5 The exercise of public functions must have due regard to the need to foster good relations between persons who share a relevant protected characteristic and those who do not, in particular, to the need to:

(a) tackle prejudice; and

(b) promote understanding.

8.6 Compliance with these duties may involve treating some persons more favourably than others. This is not to be taken as permitting conduct that would otherwise be prohibited by or under the Act.

8.7 The relevant protected characteristics are: age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; marriage and civil partnership; and sexual orientation.

8.8 Due regard needs to be demonstrated in the decision making process and requires an analysis of the material with the specific statutory considerations in mind. It does not follow that the considerations raised will be decisive in a particular case the weight given to them will be for the decision maker. The equalities duty is not a duty to achieve a particular result. Some equalities considerations are covered under other legislation such as building control matters. Officers have in considering this application and preparing this report had regard to the public sector equality duty and have concluded that due regard has been given to the Council’s duty in respect of its equalities duties and that if approving or refusing this

proposal the Council will be acting in compliance with its duties.

9.0 PLANNING OBLIGATIONS

9.1 Local Plan Policy IMP3 seeks to ensure that development proposals fully mitigate the impacts of the development on the area through a Section 106 agreement, where necessary or appropriate, having regard to supplementary planning document and provide the Community Infrastructure Levy (CIL) payments required by any charging schedule, including the Mayor of London’s CIL. A payment or other benefit offered in a Section 106 or other legal agreement is not material to a decision to grant planning permission and cannot be required, unless it complies with the provisions of the Community Infrastructure Levy Regulations 2010 (regulation 122), which provide that the planning obligation must be:

a) necessary to make the development acceptable in planning terms;

b) directly related to the development; and

c) fairly and reasonably related in scale and kind to the development.

9.2 The Section 106 or other legal agreement will not address all the impacts since some of these will be addressed by CIL, in order to satisfy the Regulation 122 tests.

9.3 The NPPG provides guidance on use of planning obligations, which may impose a restriction or requirement, or provide for payment to make acceptable development proposals that might otherwise not be acceptable in planning terms. The Council’s Supplementary Planning Document on Planning Obligations (adopted March 2008) contains guidance on imposition of planning obligations in compliance with such guidance. These obligations may offset shortfalls in the scheme or mitigate a development’s impacts.

9.4 It is mandatory that each criterion be satisfactorily addressed prior to granting planning permission subject to a satisfactory legal agreement(s) or unilateral undertaking under Section 106 of the Town and Country Planning Act 1990.

9.5 The original S106 Heads of terms are as follows and would apply to this S73 application (with some amended as indicated below):

i. Considerate contactor scheme

ii. Construction training

iii. Employment Initiatives

iv. Controlled parking zone permit prohibition

v. Delivery and servicing management plan

vi. Car park management plan

vii. Car club

viii. Sustainability voucher

ix. Travel plans

x. Shuttle bus/ alternative food store provision

xi. Public access route

xii. St Paul’s Recreation Ground Works

xiii. Highway works

xiv. Affordable housing

9.6 The following draft Heads of Terms are likely to form the basis of any legal agreement, all of which are considered to satisfy the three Regulation 122 tests referred to above:

i. Affordable housing (to be amended in line with the new affordable housing provision including a review mechanism)

ii. Construction phase training and job brokerage- (to be amended with triggers better able to aid delivery)

iii. Carbon Off-set payment – (to be amended to new figure of £248,640.00)

iv. S278 Highway improvement works (to be amended to include removal of guarding railings and bollards)

v. Car park management plan (to be amended to include VMS system)

vi. St Paul’s Recreation Ground Works- (to be amended to require a financial contribution of £30,000) L&Q also agreed that, in consultation with Officers, an appropriately worded clause will be included in the s106 that requires L&Q to work with the Friends of St Paul’s Recreation Ground to explore opportunities for park improvements.

10.0 LOCAL FINANCIAL CONSIDERATION

Community Infrastructure Levy

10.1 Local finance considerations means the Community Infrastructure Levy, or a grant or other financial assistance that has been, or will or could be, provided to a relevant authority (such as the Council, the Mayor of London, the Homes and Communities Agency, etc.) by a Minister of the Crown.

10.2 Some new developments granted planning permission will be liable to pay Community Infrastructure Levy (CIL) to the Mayor of London and Hounslow.

10.3 CIL is payable on m2 of new floor space or where a new dwelling is created or the net floor area increase exceeds 100 m2

Mayors £60 per m2

Hounslow Housing

East £200 m2

Central £110 m2

West £70 m2

Supermarkets,

superstores and retail

warehousing £155 m2

Health care, education

and emergency

services facilities £0

All other uses £20

m2

10.4 This proposal would be liable to pay the CIL which is index linked.

Floor space (

square

metres)

Existing

lawful floor

space

Demolished

floor space

CIL liable

floor space

2,787 2,787 25,312

10.5 The estimated combined Hounslow CIL and Mayoral CIL payable is £5,503,808.63. However as this is a 66% affordable housing scheme CIL exemption can be applied for in regards to the affordable element.

11.0 CONCLUSION

11.1 This Minor Material application would provide an uplift of affordable housing from 25 % to 66%, improve the quality of accommodation to be provided and would retain the large retail food store on site and would contribute positively to the character of the area and would not harm neighbours’ living conditions.

11.2 The application has been considered in accordance with the development plan and other material planning consideration as identified in the report and on the basis of that assessment it is recommended that the minor material amendments application be approved subject to conditions and a legal agreement.

12.0 RECOMMENDATION:

That planning permission be granted subject to a stage 2 GLA referral, the following conditions (subject to any minor variation of condition wording) and securing the abovementioned planning obligations by the prior completion of a satisfactory legal agreement or unilateral undertaking made under Section 106 of the Town and Country Planning Act 1990 and of highways agreements under Sections 38 and 278 of the Highways Act 1980 (at the appropriate time) and or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Housing, Planning and Communities Department on the advice of the Assistant Director Corporate Governance.

The satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 4th December 2020 or such extended period as may be agreed in writing by appropriate officers within the Housing, Planning and Communities Department or within Legal Services.

If the legal agreement or unilateral undertaking is not completed by the date specified above (or any agreed extended period), then the Chief Planning Officer or Head of Development Management is hereby authorised to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010, development plan policies and the Planning Obligations SPD, described in this Report.

Following the grant of planning permission, where (a) requested to enter into a deed of variation or legal agreement in connection with the planning permission hereby approved and by the person(s) bound by the legal agreement authorised in paragraph 1 above, and (b) where the planning obligations are not materially affected, and (c) there is no monetary cost to the Council, the Chief Planning Officer or Head of Development Management is hereby authorised (in consultation with the Chair of the Planning Committee and upon the advice of the Assistant Director Corporate Governance) to enter into a legal agreement(s)

(deed of variation) made under Sections 106 and/or 106A of the Town and Country Planning Act 1990 and or other appropriate legislation.

If planning permission is refused following the failure to sign the S106 in time, the Chief Planning Officer or Head of Development Management (in consultation with the Chair of the Planning Committee) is hereby authorised to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it (a) duplicates the planning application, and (b) that there has not been any material change in circumstances in the relevant planning considerations, and (c) that a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time.

Conditions:

1 A1a Time Limit

The development hereby permitted shall be begun before the expiration of four years from the date of permission reference 00607/228-224/P1.

Reason: To accord with provisions of section 91 and 91(3B) of the Town and Country Planning Act 1990, section 91(3B) allows the extension of the expiry date by one year where a Judicial Review is submitted and then dismissed.

2 B5 Detailed Applications

The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the plans submitted and shall contain 215 self-contained dwellings (use class C3) and three commercial units measuring 4,164.8 square metres in total (LAQ-BRE-A-0001 Site Location Plan; LAQ-BRE-A-0010

Existing Site Plan; LAQ-BRE-A-0103 Rev I Proposed 3rd Floor Plan; LAQ-BRE-A-0104 Rev H Proposed 4th Floor Plan; LAQ-BRE-A-0105 Rev F Proposed 5th Floor Plan; LAQ-BRE-A-0106 Rev F Proposed 6th Floor Plan; LAQ-BRE-A-0107 Rev F Proposed 7th Floor Plan; LAQ-BRE-A-0108 Rev F Proposed 8th Floor Plan; LAQ-BRE-A-0109 Rev G Proposed 9th Floor Plan; LAQ-BRE-A-0110 Rev D Proposed Roof Plan; LAQ-BRE-A-0201 Rev C Proposed Elevations Building A (Courtyard); LAQ-BRE-A-0202 Rev C Proposed Elevations Building B; LAQ-BRE-A-0251 Rev B Proposed Sections CC, DD; LAQ-BRE-A-0252 Rev C Proposed Section EE; LAQBRE-A-0300 Rev B Unit Plan – 1B2P_A; LAQ-BRE-A-0301 Rev B Unit Plan – 1B2P_B; LAQ-BRE-A-0302 Rev A Unit Plan – 1B2P_C; LAQ-BRE-A-0303 Rev B Unit Plan – 1B2P_D; LAQ-BRE-A-0304 Rev B Unit Plan – 1B2P_E_WCH; LAQ-BRE-A-0305 Rev A Unit Plan – 1B2P_F1_WCH; LAQ-BRE-A-0306 Rev A Unit Plan –1B2P_F2_WCH; LAQ-BRE-A-0307 Rev B Unit Plan – 2B3P_A; LAQ-BRE-A-0308 Rev B Unit Plan – 2B3P_B_WCH; LAQBRE- A-0309 Rev B Unit Plan – 2B3P_C; LAQ-BRE-A-0310 Rev B Unit Plan – 2B3P_D_WCH; LAQ-BRE-A-0330 Rev B Unit Plan – 2B3P_E; LAQ-BRE-A-0311 Rev B Unit Plan – 2B4P_A; LAQ-BRE-A-0312 Rev B Unit Plan – 2B4P_B; LAQ-BRE-A-0313 Rev B Unit Plan – 2B4P_C; LAQ-BRE-A-0317 Rev B Unit Plan – 2B4P_F; LAQ-BRE-A-0318 Rev B Unit Plan – 2B4P_G; LAQ-BRE-A-0319 Rev B Unit Plan – 2B4P_H; LAQ-BRE-A-0320 Rev B Unit Plan – 2B4P_I; LAQ-BRE-A-0321 Rev B Unit Plan – 2B4P_J; LAQ-BRE-A-0322 Rev B Unit Plan – 2B4P_K; LAQ-BRE-A-0323 Rev B Unit Plan – 2B4P_L; LAQ-BRE-A-0325 Rev B Unit; Plan – 3B5P_A; LAQ-BRE-A-0327 Rev B Unit Plan – 3B5P_B; LAQ-BRE-A-0328 Rev B Unit Plan – 3B5P_C; LAQ-BRE-A-0329 Rev A Unit Plan – 3B5P_D; BRE-HTA-L-9000 Rev B Hard and Soft Landscape GA Plan; BRE-HTA-L-9001 Rev – Illustrative Landscape Plan; BRE-HTA-L-9010 Rev – Illustrative Landscape Sections; S73 Planning Statement August 2019; Design & Access Statement Addendum August 2019; Financial Viability Assessment August 2019; Energy Statement Addendum August 2019; Sunlight/Daylight Assessment Addendum August 2019; Statement of Community Involvement August 2019; Transport Statement Addendum August 2019; Heritage Statement Addendum August 2019; Brentford Retail Assessment August 2019; Archaeological Written Scheme of Investigation July 2019; and Concept Fire Strategy. Received: 21st August 2019. Noise impact assessment dated December 2016. Received: 22nd August 2019; Flood Risk Technical Note dated 24th October 2019. Received: 30th October 2019; Design and Access Statement page 91 Waste and Recycling Technical Strategy. Received: 17th February 2020. Residential Trip Generation Technical Note dated 17/07/19; Transport Assessment dated July 2019; ATZ photos x 8, Parking Accumulation Thursday dated 09/05/2019; Parking Accumulation Saturday dated 11/05/2019; Accident data spreadsheet; Accident data 60 months to Oct 2018 dated 02/05/2019; 10045-01; Photo survey points plan Figure 06 Rev A; 46347/5501/006; 46347/5501/005; 6347/5501/004 Rev A; Cycle/Bin store plan; BRE-HTA-A-0802 Rev C Accommodation schedule; received: 17th March 2020. Written Scheme of Investigation for an Archaeological Evaluation dated 03/04/2020. Received: 03/04/2020. LAQ-BRE-A-0102 Rev K I Proposed 2nd Floor Plan; Standard set spacing; Two tier rack spacing requirements drawing; Received: 13/05/2020. LAQ-BRE-A-0250 Rev C Proposed Sections AA and BB; LAQ-BRE-A-0101 Rev L Proposed 1st Floor Plan; LAQ-BRE-A-0100 Rev K Proposed Ground Floor Plan; LAQ-BRE-A-0200 Rev A Proposed Elevations Building A (Outer Facing). Received: 21/05/2020. BRE-HTA-A-1300 Rev D Development Phasing Plan.

Received: 22/05/2020) therewith and approved by the Local Planning Authority, or as shall have been otherwise agreed in writing by the Local Planning Authority before the building is used. Reason: To ensure the development is carried out in accordance with the planning permission.

3 Construction Logistics Plan

No development shall take place until a Construction Management Plan (CMP) and Construction Logistics Plan (CLP) have been submitted to and approved by the Local Planning Authority. The CLP shall cover as a minimum:

- a site plan (showing the areas set out below);

- confirmation that a pre-start record of site conditions on the adjoining public highway will be undertaken with Hounslow Highways and a commitment to repair any damage caused;

- provision for the parking of vehicles of site operatives and visitors;

- provisions for loading, unloading and storage of plant and materials within the site;

- details of access to the site, including means to control and manage access and egress of vehicles to and from the site for the duration of construction including phasing arrangements;

- details of vehicle routeing from the site to the wider strategic road network;

- the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

- provision of wheel washing facilities at the site exit and a commitment to sweep adjacent roads when required and at the reasonable request of the Council;

- a scheme for recycling/disposing of waste resulting from demolition and construction works;

- measures to ensure the safety of all users of the public highway especially cyclists and pedestrians in the vicinity of the site and especially at the access;

- commitment to liaise with other contractors in the vicinity of the site to maximise the potential for consolidation and to minimise traffic impacts;

- avoidance of network and school peak hours for deliveries and details of a booking system to avoid vehicles waiting on the public highway;

- all necessary traffic orders and other permissions required to allow safe access to the site to be secured and implemented prior to commencement of construction;

- details of the construction programme and a schedule of traffic movements.

All demolition and construction works shall be undertaken in accordance with the approved CMP and CLP.

Reason: In order to protect the environmental quality of the surrounding area and to ensure that deliveries to the site during construction are managed effectively so as to minimise impact upon the road network and to safeguard the amenities of residential properties in the locality and in the interest of road safety; in accordance with Local Plan policies CC2, EQ4, EQ5, EQ6 & EC2 and London Plan policies 5.3, 7.14 & 7.15. It is

necessary for the details required by this condition to be submitted prior to the commencement of the development as to do so at a later date could compromise the material considerations of the case.

4 Construction hours

No demolition or construction work shall take place on the site except between the hours of 8am to 6pm on Mondays to Friday and 8am to 4pm on Saturdays and not at all on Sundays and Public Holidays.

Reason: In order to safeguard the amenities of adjoining residents and the amenities of the locality in accordance with Local Plan policies CC1, CC2 & EQ5 and London Plan policies 5.3 & 7.15.

5 Waste and Recycling

(A). Prior to the completion of the frame of any building hereby approved, a scheme for the storage and collection of waste and materials to be recycled shall be submitted to and approved by the Local Planning Authority.

(B). No building hereby approved shall be occupied until the waste and recycling facilities approved under Part (A) of this condition have been provided and made available for use by residents of that building. Such facilities shall remain throughout the lifetime of the development and shall be used for no other purposes.

Reason: To ensure that refuse can be properly stored and removed from the site as soon as the building is occupied in accordance with Local Plan policies CC1, CC2 & EQ7.

6 Samples of Materials

No development for the relevant part of the development (except demolition, archaeological investigations, ground condition investigations and intrusive site surveys and other enabling works: site clearance; soil storage; remedial works in respect of any contamination or any other adverse ground conditions; erection of any temporary means of enclosure and land raising) shall take place until details and samples of all facing materials to buildings are submitted to and approved in writing by the Local Planning Authority. The samples and details shall include:

A. brick/stonework (including brick/stone and mortar on-site sample panel min. 2m x 2m);

B. cladding materials (including system specifications/details and on-site samples where relevant);

C. window treatment (including sections/reveals and on-site sample);

D. all privacy measures (including obscure glazing details and privacy screens)

E. balustrading treatment (including details/sections/materials for each balcony type); and

F. any other materials/details to be used including extract vents, boiler flues etc.

The development shall be carried out in accordance with the approved

details and maintained as such thereafter.

Reason: In order to safeguard the visual amenities of the area and to satisfy the requirements of Local Plan policies CC2, CC3, CC4 & SC4 and London Plan policy 7.6.

7 Wheelchair accessible units

A minimum of 21 residential units hereby permitted shall be built so that they are easily adaptable to the standards in Building Regulations Part M4(3) (Wheelchair User Dwellings) or its subsequent update. All remaining residential units shall be built in accordance with the standards in Building Regulations Part M4(2) (Accessible and adaptable dwellings) or its subsequent update.

Reason: To ensure a socially inclusive and sustainable development in accordance with Local Plan policy SC5 and London Plan policies 3.5 & 7.2.

8 Acoustic Insulation

(A). Prior to the completion of the frame of any building hereby approved, a scheme of acoustic insulation, taking into consideration the recommendations of the Noise Impact Assessment dated December 2016 and Noise Impact Assessment Technical Note dated August 2019 by Peter Brett Associates LLP, shall be submitted to and approved by the Local Planning Authority. Such a scheme shall include details of measures to ensure that the residential accommodation does not exceed the levels in Table 4 of BS8233:2014 and that through the application of good acoustic design, external communal amenity areas shall not exceed the noise levels set out in BS8233:2014 or such other standard as agreed in writing with the Local Planning Authority. Any works that form part of such a scheme shall be completed as approved before any part of the building to which the works relate is first occupied.

(B). Prior to the first occupation of the development, measurement reports in accordance with the Associate of Noise Consultants guidelines – Noise Measurements in buildings (ANC-9801) Part 2: Noise from external sources (e.g. road traffic) demonstrating compliance with the scheme approved under Part A of this condition, shall be submitted to and approved by the Local Planning Authority.

Reason: To ensure satisfactory environmental conditions for the occupiers of the proposed development in accordance with Local Plan policy EQ5.

9 Air Quality

Prior to the occupation of any residential unit hereby permitted, details of a scheme of mitigation for exposure to poor air quality internally for each unit, to ensure exposure to air pollution does not exceed national air quality objectives, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved mitigation details.

Reason: To ensure satisfactory environmental conditions for the occupiers of the hereby approved buildings in accordance with Local Plan policy EQ4, London Plan policy 7.14 and the London Councils’ ‘Air Quality and Planning Guidance’.

10 Drainage designs

No development (except demolition, archaeological investigations, ground condition investigations and intrusive site surveys and other enabling works: site clearance; soil storage; remedial works in respect of any contamination or any other adverse ground conditions; erection of any temporary means of enclosure and land raising) shall take place until final detailed drainage designs (including drawings), a maintenance plan for each of the drainage feature components (including routine maintenance tasks and frequencies and the responsible body/bodies) and evidence of site ground investigation to demonstrate whether the use of infiltration is suitable for the proposed drainage scheme has been submitted to and approved by the Local Planning Authority. The drainage scheme shall be designed and constructed in line with Appendix E of the Flood Risk Assessment dated December 2016 and Flood Risk Assessment Technical Note dated August 2019 by Peter Brett Associates LLP.

Reason: To prevent the risk of flooding to and from the site in accordance with Local Plan policy EQ3, London Plan policy 5.13 and the Non-Statutory Technical Standards for Sustainable Drainage Systems.

11 Drainage evidence

Prior to first occupation of the development hereby approved, evidence that the drainage system has been built as per the final detailed drainage designs (through the submission of photographs and copies of installation contracts) and written confirmation that the drainage features will be managed as per the detailed maintenance plan for the lifetime of the development shall be submitted to and approved by the Local Planning Authority.

Reason: To ensure that the methods to mitigate the risk of surface water flooding have been constructed as agreed and that the drainage system is suitably managed, in accordance with Local Plan policy EQ3, London Plan policy 5.13 and the Non-Statutory Technical Standards for Sustainable Drainage Systems.

12 Land contamination

Before the development hereby permitted commences(except demolition):

a. Details of an intrusive site investigation are required in addition to the phase 1 desk study previously submitted. These details shall be submitted to and approved by the Local Planning Authority. The site shall be investigated by a competent person to identify the extent and nature of contamination. The report shall include a tiered risk assessment of the contamination based on the proposed end use of the site. Additional investigation may be required where it is deemed necessary.

b. A scheme for the decontamination of the site shall be submitted to and approved by the Local Planning Authority, unless otherwise confirmed by the Local Planning Authority that this is not required. The scheme shall account for any comments made by the Local Planning Authority before the development hereby permitted is first occupied.

During the course of the development:

c. The Local Planning Authority shall be notified immediately if additional contamination is discovered during the course of the development. A competent person shall assess the additional contamination, and shall submit appropriate amendments to the scheme for decontamination in writing to the Local Planning Authority for approval before any work on that aspect of development continues.

Before the development is first brought into use:

d. The agreed scheme for decontamination referred to in clauses b) and c) above, including amendments, shall be fully implemented and a written validation (closure) report submitted to the Local Planning Authority for approval.

Reason: Contamination is known or suspected on the site due to a former land use. The Local Planning Authority therefore wishes to ensure that the development can be implemented and occupied with adequate regard for public and environmental safety, in accordance with Local Plan policy EQ8. It is necessary for the details required by this condition to be submitted prior to the commencement of the development as to do so at a later date could compromise the material considerations of the case.

13 Energy evidence

Prior to the first occupation of each building hereby approved, evidence (e.g. photographs, installation contracts and As-Built certificates under the Standard Assessment Procedure/National Calculation Method) shall be submitted to and approved by the Local Planning Authority to show that the development has been constructed in accordance with the approved Energy Strategy, and any subsequent approved revisions.

Reason: To ensure that the development makes the fullest contribution to minimising carbon dioxide emissions in accordance with Local Plan policy EQ1 and London Plan policy 5.2.

14 BREEAM

(A). Within three months of works starting on site, a BREEAM Design Stage certificate and summary score sheet (or such equivalent standard that replaces this) must be submitted to and approved by the Local Planning Authority to show that an ‘Excellent’ (minimum score 70%) rating will be achieved.

(B). Prior to the first occupation of each building hereby approved, a BREEAM Post-Construction Review certificate and summary score sheet (or such equivalent standard that replaces this) must be submitted to and approved by the Local Planning Authority to show that an ‘Excellent’ (minimum score 70%) rating has been achieved.

Reason: To ensure a sustainable form of development in accordance with Local Plan policy EQ2.

15 Water use calculations

Prior to first occupation of the building(s) evidence (schedule of installed fittings and manufactures literature) shall be submitted to the Local Planning Authority and approved in writing to show that the development has achieved an internal water use of 105L/person/day or less.

Reason: In order to protect and conserve water supplies and resources in accordance with Local Plan policy EQ2 and London Plan policy 5.15.

16 Sustainable sourcing of materials

The development shall not be occupied until evidence (e.g. photographs and copies of installation contracts) has been submitted to the Local Planning Authority to demonstrate that the development has been carried out in accordance with the approved sustainable sourcing of materials requirements.

Reason: In order to ensure the sustainable sourcing of materials in accordance with the London Plan policy 5.3 and the Mayor of London’s Sustainable Design and Construction SPG.

17 Hard and soft landscaping

Prior to the completion of the frame of any building hereby approved, details of both hard and soft landscape works shall be submitted to and approved in writing by the Local Planning Authority. The works shall then be carried out as approved.

The detailed landscaping scheme shall include:

A. soft planting: including any grass and turf areas, trees, planters, shrub and herbaceous areas including details of species, sizes, numbers/densities and sections of landscaped areas;

B. a ‘Tree Planting Statement’ providing full details, locations, specifications and construction methods for all purpose-built tree pits and associated above ground features, including specifications for tree protection and a stated volume of suitable growing medium to facilitate and promote the healthy development of the proposed trees, ensuring each tree has a soil volume equivalent of 0.6 times its canopy area at maturity;

C. hard landscaping: including ground surfaces, kerbs, edges, ridge and flexible paving, furniture, steps, refuse disposal points and if applicable synthetic surfaces for ground level, podium courtyard and roof terrace (where relevant);

D. play spaces and play equipment (to the equivalent provision of 157 square metres);

E. an external lighting strategy; and

F. any other landscaping feature(s) forming part of the scheme.

The submission shall include a management programme for the lifetime of the development, which shall include: long term design objectives, management responsibilities and maintenance schedules for all hard and soft landscape areas, and details of any temporary landscaping (including boundary treatment) to be provided and management thereof.

All permanent landscaping comprised in the approved details shall be carried out during the first planting and seeding seasons following completion of construction works. Any trees or shrubs planted (including any such replacements) which die within five years from the date of planting shall be replaced in the next planting season with the same species, and of comparable maturity. The development shall be carried out strictly in accordance with the details so approved and shall be maintained in accordance with the approved management programme.

Reason: To ensure a satisfactory appearance of the site and to provide for suitable areas of amenity for future occupants, in accordance with Local Plan policies CC2, SC5 & GB7 and London Plan policies 5.3 & 7.2.

18 Written Scheme of Investigation

No demolition or development shall take place other than in accordance with the agreed WSI Archaeological Written Scheme of Investigation dated 03/04/2020 prepared by MOLA and approved under application reference 00676/228-246/P1(18), and the programme and methodology of site evaluation and the nomination of a competent person(s) or organisation to undertake the agreed works.

If heritage assets of archaeological interest are identified by stage 1 then for those parts of the site which have archaeological interest a stage 2 WSI shall be submitted to and approved in writing by the Local Planning Authority. For land that is included within the stage 2 WSI, no demolition/development shall take place

other than in accordance with the agreed stage 2 WSI which shall include:

A. The statement of significance and research objectives, the programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works; and

B The programme for post-investigation assessment and subsequent analysis, publication and dissemination and deposition of resulting material.

This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the stage 2 WSI.

No development shall take place until the implementation of a programme of archaeological works has been secured in accordance with a written scheme of investigation, including a timetable for the investigation, which has been submitted to and approved by the Local Planning Authority. The works shall be undertaken in accordance with the approved details. A written record of any archaeological works undertaken shall be submitted to the Local Planning Authority within 3 months of the completion of any archaeological investigation unless an alternative timescale for submission of the report is first agreed in writing with the Local Planning Authority.

Reason: To enable the recording of any items of historical or archaeological interest in accordance with Local Plan policy CC4 and Chapter 12 of the NPPF.

19 Cycle parking

Prior to the completion of the frame of any building hereby approved, details of the provision to be made for cycle parking (for both residential and commercial uses) 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 prior to the first use of the development and shall thereafter be retained.

Reason: To ensure that secure cycle spaces are provided and retained for the occupiers of the residential accommodation in accordance with Local Plan policy EC2 and London Plan policy 6.9.

20 Electric vehicle charging points

Prior to the first use of the development hereby permitted, a minimum of nine ‘active’ Electric Vehicle Charging spaces and nine ‘passive’ Electric Vehicle Charging spaces shall be provided in the site car park. Unless otherwise agreed in writing by the Local Planning Authority, the charging points must be 7.2kw.

Reason: In order to promote sustainable transport modes in accordance with policies CC2 and EC2 of the adopted Local Plan and London Plan policy 6.13.

21 Highway to be kept clear

No shopping trolleys, baskets, advertisements or other commercial paraphernalia shall be stored or located on the public highway which shall be kept clear of all obstructions at all times.

Reason: In the interests of visual amenity and to prevent obstruction and inconvenience to users of the public highway in accordance with policies CC2 & EC2 of the Local Plan.

22 Delivery and refuse items

All refuse and recycling bins, delivery cages, trolleys and any other items linked to deliveries and collection in association with the development hereby permitted are to be stored within the buildings and only brought out onto the public highway when deliveries are being made or refuse collected and returned to within the building immediately thereafter.

Reason: In the interests of visual amenity and to prevent obstruction and inconvenience to users of the public highway, in accordance with policies CC2 & EC2 of the Local Plan.

23 Storage and servicing of retail units

Prior to first occupation of each individual commercial unit labelled ‘Retail Units 1-3’ on the approved plans, details of storage areas and internal servicing routes shall be submitted to and approved in writing by the Local Planning Authority. Such arrangements shall be implemented prior to first occupation of the relevant commercial unit and retained as such thereafter.

Reason: In order to prevent obstruction and inconvenience to users of the adjacent highway and in the interests of road safety, in accordance with policies CC2 & EC2 of the Local Plan and London Plan policy 6.13.

24 Inclusive access strategy

Prior to the completion of the frame of any building hereby approved, an Inclusive Access Strategy shall be submitted to and approved by the Local Planning Authority, including:

- Details for the arrival, entrance and movement through the buildings and how any level changes in the public realm would be overcome;

- Details of the play space including a choice of equipment to engage young children with various abilities; and

- Details of seating suitable for disabled carers.

Reason: To ensure a socially inclusive and sustainable development in accordance with Local Plan policy SC5, London Plan policies 3.5 & 7.2 and the Mayor of London’s ‘Accessible London: Achieving an inclusive environment’ SPG.

25 Means of ventilation

Prior to the completion of the frame of any building hereby approved, details of the means of ventilation for the dwellings hereby permitted, including noise attenuation measures, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be installed prior to the occupation of any dwelling and thereafter shall be permanently retained.

Reason: To protect the amenities of existing and future residents and ensure that the development provides a high quality design in accordance with Local Plan policies CC2 & EQ5.

26 Ventilation and odour extraction

Prior to the completion of the frame of any building hereby approved, details of the means of ventilation and odour extraction for the commercial units hereby permitted, including noise attenuation measures, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be installed prior to the first use of the commercial unit to which the scheme relates and thereafter shall be permanently retained.

Reason: To protect the amenities of existing and future residents and ensure that the development provides a high quality design in accordance with Local Plan policies CC2 & EQ5.

27 Plant noise levels

(A). Before any commercial plant/machinery is installed at the site, it shall be designed to ensure that noise emanating from such plant is at least 10dB below the background noise levels when measured from the nearest sensitive receptors, in accordance with a scheme to be submitted to and by the Local Planning Authority. Any roof plant shall be set in from the roof boundaries by a minimum of 2m.

(B). Following the installation of any plant/machinery at the site, a post-completion noise assessment shall be submitted for approval to the Local Planning Authority which demonstrates the actual measured rating level of plant/machinery operating under normal conditions. All measurements shall be made in accordance with the methodology of BS4142:2014 (Methods for rating and assessing industrial and commercial sound) and/or its subsequent amendments. The post-completion report shall be both completed and submitted to the Local Planning Authority within 28 days of completion of the installation for review and approval.

Reason: To protect the amenities of existing and future residents in accordance with policies with Local Plan policies CC2 & EQ5.

28 Use restrictions

The commercial units shown as retail 2 and 3 on drawing no. BRE-HTA-A-0100 Rev K shall be used for Class A1/A3/A4 purposes only and for no other purpose (including any other purposes in the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Schedule in any statutory instrument revoking and re-enacting that

Reason: The Council is satisfied that the uses hereby approved would not result in detriment to adjoining properties but wish to control future changes of use in the interests of amenity and in accordance with the provisions of Local Plan policies CC1, CC2 & EQ5.

29 Hours of operation

The approved food store (Building A) shall not be open to customers outside of the times of 07:00-23:00. The remaining commercial uses (Class A1/A3/A4) shall not be open to customers outside of the times of 07:00-02:00.

Reason: In order to safeguard the amenities of neighbouring residential properties in accordance with Local Plan policies CC2, EQ5 & EC2.

30 Hours of deliveries

Prior to first occupation of each individual commercial unit, details of timings that deliveries shall be taken or dispatched from the site shall be submitted to and approved by the Local Planning Authority. Such arrangements shall be implemented prior to first use of the relevant commercial unit and retained as such thereafter.

Reason: In order to ensure that deliveries to and the servicing of the site is managed effectively so as to minimise impact upon the road network and safeguard the amenities of residential properties in the locality; in accordance with Local Plan policies CC2, EQ5 & EC2 and London Plan policy 7.15.

31 Shop window details

Prior to first occupation of each individual commercial unit, a detailed scheme for the shop windows of the unit shall be submitted to and approved by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme and no further modifications shall be made without the written consent of the Local Planning Authority.

Reason: To protect the appearance and character of the area in accordance with Local Plan policies CC2 & CC4.

32 Obscure glazing

Prior to the first occupation of the dwellings in Building B hereby approved, the southernmost and northernmost windows to Levels 02-08 (inclusive) as shown on Elevation 11 on drawing no. LAQ-BRE_A_0202 Rev C shall be non-opening and fitted with obscure glazing in accordance with the details to be submitted pursuant to condition 6 of this permission. Thereafter, these windows shall not be repaired or replaced otherwise in accordance with the requirements of this condition.

Reason: To protect the amenities of neighbouring occupants in Building A in accordance with policy CC2 of the adopted Local Plan.

33 Restrictions on use of food store

The commercial unit shown as ‘Retail 1’ on drawing no. BRE-HTA-A-0100 Rev K shall be used as a retail food store only and for no other purpose (including any other purposes in the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Schedule in any statutory instrument revoking and re-enacting

Reason. To accord with the terms of the application and to protect the vitality and viability of Brentford Town Centre; in accordance with Local Plan policies TC2, TC3, TC4 and paragraphs 23-27 of the NPPF.

34 Phasing Plan

The development shall comprise and be constructed in three phases (Phase 0, Phase 1, and Phase 2) as per the approved Phasing Plan (drawing ref: BRE-HTA-A-1300 Rev D) unless otherwise approved in writing by the Local Planning Authority.

Reason. To ensure the development is carried out efficiently and with minimum disruption.

35 Visibility splays Before the car park hereby permitted is first occupied or brought into use, a visibility splay of 2.4 metres x 2.4 metres shall be provided on each side of the vehicular access (the depth measured from the back of the footway and the widths outwards from the edges of the access). Thereafter, no wall, posters, or other obstruction to visibility exceeding 0.6 metres in height above the surface of the adjoining highway shall be erected, planted or allowed to grow within the areas of such splays. Reason: To ensure that the proposed development does not prejudice the free flow of traffic and highway safety on the adjacent highway and to enhance pedestrian comfort; in accordance with Local Plan policy EC2.

Informatives:

1 To assist applicants, the London Borough of Hounslow has produced planning policies and written guidance, which are available on the Council's website. The Council also offers a pre-application advice service. In this case, the scheme was submitted in accordance with guidance following pre application discussions.

2 This development is liable for CIL. A Liability Notice will follow shortly. For further information please contact the CIL team on 020 8583 4898/4895 or view our web page: http://www.hounslow.gov.uk/index/environment_and_planning/planning.htm or the planning portal web page: http://www.planningportal.gov.uk/wps/portal

3 If you are creating a new unit, please visit http://www.hounslow.gov.uk/index/transport_and_street/roads_and_highways/street_naming_numbering.htm and complete the Street Naming and Numbering application form.