Page 15. DEVELOPMENT CONTROL COMMITTEE - Date: 13 th June Report of the Executive Head of Planning and Transportation.

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1 Page 15 Agenda Item 2 DEVELOPMENT CONTROL COMMITTEE - Date: 13 th June 2012 Report of the Executive Head of Planning and Transportation. Ref: C2012/65431/FUL WARD: CARSHALTON CENT Time Taken:18 weeks, 6 days Site: Proposal: Applicant: Agent: Westmead House 123 WESTMEAD ROAD Sutton Surrey SM1 4JH Demolition of existing buildings & erection of a part two, part three storey building incorporating a mezzanine and part lower ground floor comprising a 74 bedroomed care home over part of ground floor, first and second floors with a sensory roof garden, amenity space, ancillary staff and resident facilities, plant accommodation and laundry on lower ground floor and provision of 20 car parking spaces accessed from Kingsley Avenue. Provision of sq metres of retail floor space on the ground floor with provision of 8 car parking spaces fronting Cowper Avenue. JAVA Asset Management Ltd. Mr Michael Russell Recommendation: GRANT PLANNING PERMISSION Subject to the prior written conclusion of a Section 106 legal agreement within a period of six months from the date of this resolution, or such longer period as may be agreed in writing by the Executive Head of Planning, Transportation and Highways, after which time the resolution to grant will be rescinded. Reason for Report to Committee: Major application with a recommendation for approval, de-delegated by Councillor Jill Whitehead and with more than 10 objections. Summary of why application proposals are acceptable: o The applicant has demonstrated that the premises have been vacant for a period in excess of 12 months and marketed without genuine success over a prolonged period of time and the proposals would result in an employment generating mix used development. o The proposed development would be of acceptable scale and design, would not adversely affect the character and appearance of the area, would not have an unreasonable adverse impact on the amenities of adjoining occupiers, would provide much needed specialist residential accommodation and would not unreasonably affect local on street parking conditions. o The applicant has confirmed that the planning obligations are acceptable and a signed legally binding s.106 agreement has been submitted to the Council.

2 Agenda Item 2 Page BACKGROUND 1.1 Site & Surroundings: 1.2 The application site comprises an L shaped area of land, 0.25 ha in area, and contains the vacant Westmead Business Centre (office/ light industrial use), with frontages to Westmead Road (3 storeys in height), Cowper Avenue (2 storeys) and Kingsley Avenue (2 storeys south end, high single storey with a saw toothed gabled roof profile rendered white with green window frames and pilasters with a profiled metal roof. The site was last occupied by two separate uses, serviced offices fronting Westmead Road and a business centre fronting Kingsley Avenue. In terms of parking provision 8 spaces are located along the Cowper Avenue frontage (south end) and a service yard that can accommodate limited parking but with no spaces marked out accessed from the north end of Cowper Avenue. 1.3 The north end of the Business Centre, with frontages to Cowper Avenue (north end), Byron Avenue East, and Kingsley Avenue (north end) is not included in the current application. It is the subject of the planning permission referred to in paragraph 1.11 for the demolition of the existing single storey buildings and the erection of 9 houses. 1.4 Westmead Road, in the vicinity of the application site, comprises three storey commercial buildings (including ground floor retail) to the west, and two storey semi-detached houses to the south and east. Cowper Avenue comprises terraced two storey houses. Kingsley Avenue comprises two storey semidetached houses. The roads contain quite high levels of on-street parking. Stretches of some of the roads are subject to parking restrictions. 1.5 Site Specific LDF Designation: 1.6 The application site is located within an Archaeological Priority Area and Westmead Local Centre, as defined by the Sutton LDF Proposals Map. 1.7 Relevant Planning History: 1.8 Demolition of existing buildings and re-development of land to include new building and car park. Granted CAR Alterations to existing elevations and provision of an entrance canopy. Granted C2011/64032/FUL Part demolition of existing B1 (office/light industrial) building and erection of four 3 - bedroomed two storey terraced houses fronting Cowper Avenue with two car parking spaces for each dwelling accessed from Byron Avenue East and Cowper Avenue and erection of four 4 - bedroomed two storey semi detached houses and one 4 - bedroomed two storey detached house each with garage and parking bay fronting Kingsley Avenue together with secure cycle parking, refuse and recycling facilities and new vehicular accesses onto Kingsley Avenue, Byron Avenue East and new access road onto

3 Page 17 Agenda Item 2 Cowper Avenue to provide access to residential parking bays and two additional car parking spaces for existing commercial use on adjoining site. Granted. May This permission has not yet been implemented. 2.0 APPLICATION PROPOSALS 2.1 Details of Proposal: 2.2 This application for full planning permission proposes the demolition of the existing building and the erection of a 74 bedroomed nursing care home for people with dementia together with 325m² of retail floor space on the ground floor. The proposed building would have its main entrance fronting the corner of Westmead Road with Kingsley Avenue and altogether the application seeks to provide a total of twenty eight off-street parking spaces with four spaces allocated for disabled persons parking. 2.3 The proposed building would be part two, part three storeys in height and be of panels and a combination of facing brickwork and contrasting brick plinths. L shape at right angles with Westmead Road so that the main bulk of the building would be in the three sections to the front and sides. 2.4 The building would have maximum length of 60 metres (fronting Kingsley Avenue) and 27 metres (along Cowper Avenue) and a frontage of 43 metres along the Westmead Road. The three storey elements of the building would be located towards the two southern corners and have a flat roof set at 10.5 metres maximum height and 9.5m height for the remaining three storey parts of the development fronting Kingsley Avenue would have a maximum height of 8.4 metres and within its flat roofed area it would provide 220m² of amenity areas in the form of sensory gardens, covered seating areas and an orangery for future occupiers. Care Home 2.5 Regarding the care home element, the building as proposed would comprise a 74 bedroom care home distributed over part of the ground, first and second floors, amenity space, ancillary staff and resident facilities, plant accommodation and laundry. 2.6 The proposals would expect to see the number of staff working from the nursing care home unit up to a maximum of 75 full time employees spread over three shifts through the day. The three shifts would probably operate at the site each day, on the basis of 0800h -1600h, 1600h h and 0000h 0800h with a maximum estimated fifty (combined full and part time) employees on-site at any one time. 2.7 Within the area located in between the proposed building and the terraced properties facing Cowper Avenue is proposed 100m² of landscaped garden amenity with seating out areas for residents, walkways, timber decking and water features.

4 Agenda Item 2 Page The proposed parking layout for the nursing care home aims to separate staff and operational/ visitors circulation areas by concentrating eleven parking spaces within a staff parking zone to the north western corner of the application site (accessed from Cowper Avenue) and nine parking spaces within a visitors & operational vehicles zones on the southern end of the site (accessed via Kingsley Avenue), allowing for a total of twenty parking spaces to be provided, including provision of disabled parking. Access to the parking area from Cowper Avenue would be via gated access. 2.9 The applicant also intends to implement a Travel Plan which includes use of staff car parking and implementing a permit allocation system to prioritise those with a genuine need to drive to work (those with a disability, working unsocial hours or with a caring responsibility) as to encourage and increase the percentage of non-car mode trips for the care home. Retail Unit 2.10 Within the south western corner of the application site, the building would provide for 325m² of ground floor retail (Class A1 of the Use Classes Order) floorspace. It would be built with frontages to Westmead Road and Cowper Avenue and measure 14 metres in width and 23.5 metres length with a combined shopping frontage of 21.5 metres. The building would provide window displays and fascias above them on the south and west elevation at ground floor level but the final elevational treatment would be reserved for future approval. Eight parking spaces fronting Cowper Avenue are proposed for the retail unit. The proposed opening hours would be: Opening Hours Closing Hours Monday to Sunday and Bank Holidays 0700h 2300h 2.11 The proposals would expect to see the number of staff working from the retail unit to a maximum of 25 full time employees spread over two shifts through the day. The two shifts to operate at the site each day, are likely to be 0700h h (13 staff) and 1500h h (12 staff) Adjacent to the parking area it is proposed to provide a refuse collection area facility for use on collection days only with details of refuse stores reserved for future approval Significant amendments to application since submitted: Revised details submitted seeking to address concerns raised by the Urban Designer and Senior Highways Engineer. The amended details include minor changes to the proposed elevational treatment, changes in materials and number of parking spaces.

5 Page 19 Agenda Item PUBLICITY 3.1 Adjoining Occupiers Notified 3.2 Method of Notification: letters dated 17 February 2012 were sent to addresses in Westmead Road, Kingsley Avenue, Cowper Avenue and Ringstead Road. Site and press notices were posted on 17 February In accordance with The Planning and Compulsory Purchase Act 2004 and the the applicant agent has submitted together with the application a Statement of Community Involvement with full details of the consultation process undertaken by the applicant with residents, businesses and Councillors. The involvement of the community included letters sent out to local residents, local businesses and a number of public exhibitions. 3.5 Number of Letters Received: A petition with 91 signatures and 39 letters of representation were received. 3.6 Addresses of letters: Westmead Road nos.:59, 60, 61 (2x), 62 (2x), 66, 67, 119 and 121. Cowper Avenue nos.: 2 (2x), 3, 5, 9, 11 (2x), 13, 23 and 25. Kingsley Avenue nos.: 2, 3, 4, 5, 6, 8, 12, 14 (2x), 15, 16, 18, 23 and 25. Byron Avenue East nos.: 41 and 49. Ringstead Road nos.: 39 Byron Avenue nos.: 29 Sutton Grove nos.: 21 The petition was signed mainly by residents at, among other roads, Croft Road, Carshalton Grove, Wales Avenue, Westmead Road, Cowper Avenue, Kingsley Avenue, Ringstead Road, Shirley Avenue, Harold Road, Byron Avenue, Sutton Grove, Florian Avenue, Byron Avenue East, Harrow Road, Milton Avenue. 3.7 Summary of material responses: Home in Benhill Avenue indicates there is a surplus of care homes. Proposal will result in an inappropriate use and an overconcentration of retail uses. Proposal and change of use from business centre to a care home will compromise the local character as the area is predominantly residential. The design and layout of the development is overtly intensive, inappropriate and out of character with the surrounding area. A great deal of concern has been raised by a number of residents in respect of the content of the application, which has considered the footprint and the heights to be unrealistic as submitted. Overlooking/ loss of privacy. The building s height would harm the outlook from surrounding properties. Loss of daylight/ sunlight

6 Agenda Item 2 Page 20 Impact on adjoining residential amenities due to increased traffic, hours of operation and noise. No fire escapes or fire assembly points. Increased traffic problems, parking and congestion associated with staff, visitors, and service delivery vehicles. construction within the root protection area and post development pressure of trees in Westmead Road. Westmead House is built over an Epsom Spring and its diversion could lead to flooding Increased litter from the retail unit. 3.8 Non-Material Responses: Management of the facility and whether operator has necessary experience Noise and disturbance from construction works. Overuse of sewage, drains, water Roof garden is a luxury in the current economic climate Plumbing may cause flooding 3.9 Official Consultation 3.10 Internal: 3.11 Senior Engineer: No objection on the basis of the amended details submitted, subject to conditions and provision of a Travel Plan Waste Management: No objection Environmental Health: Any response to be reported to Committee orally Environmental Protection: The site was a light industrial site and it is recommended that conditions be secured with respect to contaminated land and an associated remedial strategy Sustainability and Energy (CEN): No objection, subject to conditions 3.16 Principal Tree Officer: No objection, subject to conditions Trees and Woodlands Manager: No objection, subject to conditions 3.18 Adult Social Services and Housing: Objects to the scheme as there is an overprovision of residential nursing care in the immediate area (2 miles) Environmental Sustainability (Biodiversity): No objections, subject to conditions External: 3.21 Crime Prevention Office (Met Police): The development should be conditioned overall standard of building security.

7 Page 21 Agenda Item Transport for London: No objection to the application 3.23 Thames Water: No objection to the application Sutton and Merton Primary Care Trust: No comments received to date Environment Agency: No comments received to date Councillor Representation: 3.27 Councillor Jill Whitehead: de- at 74 spaces it is over-dense, it will be overlooking residents homes and intruding on their privacy, and that it will be situated in an area which is already subject t 3.28 Tom Brake MP: expresses his objections to the application on the basis that the application represents a significant over development of the site and will overlook neighbouring properties, the design of the building will be out-ofkeeping with the local area, there is inadequate parking provision and the proposed retail development will increase traffic congestion, which is already a problem in the area. 4.0 MATERIAL PLANNING POLICIES 4.1 National Planning Policy Framework 4.2 The London Plan Spatial Development Strategy for Greater London: London and the wider metropolitan area 3.3 Increasing Housing Supply 3.4 Optimising housing potential 3.8 Housing Choice 3.10 Mixed and balanced communities 3.12 Affordable housing targets 3.16 Protection and enhancement of social infrastructure 3.17 Health and Social Care Facilities 4.4 Managing Industrial Land and Premises 4.7 Retail and town centre development 5.1 Climate change mitigation 5.2 Minimising carbon dioxide emissions 5.3 Sustainable design and construction 5.5 Decentralised energy networks 5.6Decentralised energy in development proposals 5.7 Renewable energy 5.9 Overheating and cooling 5.10 Urban greening 5.11 Green roofs and development site environs 5.12 Flood risk management 5.13 Sustainable drainage 5.15 Water use and supplies 5.21 Contaminated land 6.1 Integrating transport and development strategic approach 6.3 Assessing transport capacity 6.9 Cycling 6.10 Walking 6.13 Parking neighbourhoods and communities 7.2 An inclusive environment 7.3 Secured by design 7.4 Local Character 7.5 Public Realm 7.6 Architecture 7.19 Biodiversity and access to nature 8.2 Planning Obligations

8 Agenda Item 2 Page London Supplementary Planning Guidance/ Documents 4.4 Local Development Framework: 4.5 Core Planning Strategy (DPD1): PMP8 Other District Centres and Local Centres BP1 Housing Density BP2 Affordable Housing BP5 Improving Health and Well Being BP6 One Planet Living BP9 Enabling Smarter Travel Choices an Area based Approach BP10 Transport Strategic and Borough Wide Proposals BP12 Good Urban Design and Heritage DP2 Planning Obligations 4.6 Site Development Policies (DPD2): Proposed Submission DM1 Character and Design DM2 Protecting Amenity DM3 Enhancing the Street Scene & Public Realm DM4 Historic Environment DM5 Sustainable Design and Construction DM6 Climate Change Mitigation DM11 Contaminated Land DM20 Assessing the Transport Impact of New Development DM22 Parking DM27 Communal Accommodation DM34 Other Land In Industrial Use DM35 Development in Town and Local Centres 4.7 Supplementary Planning Guidance/Documents SPD1 Designing Out Crime SPD5 Planning Obligations SPD10 Education Contributions from Residential Development SPD14 Creating Locally Distinctive Places IPG11 Sustainable Design and Construction Supplementary Planning Guidance 9 Rest and Nursing Homes Statement of Community Involvement (July 2006) 5.0 PLANNING CONSIDERATIONS 5.1 The principal considerations (including whether any material planning objections have been reasonably addressed) in relation to this application are: Principle Design Quality Impact on Neighbours Layout Traffic & Parking Access Safety & Security

9 Page 23 Agenda Item 2 Sustainability Archaeological Planning Obligations 5.2 Principle: 5.3 The subject site, Westmead House at 123 Westmead Road, has been vacant for a period in excess of 12 months but its last known lawful use was predominantly as a business centre. 5.4 The existing units (located within the application site) themselves comprise a total of 4,785m² of classes B1/ B2 (use classes order) internal floorspace and the proposal would see their redevelopment with 4,115m² floorspace to provide a nursing home for people with dementia (C2 use classes order) and 325m² for a new retail unit (A1 use classes order). A total combined floorspace of 4,440m² would therefore be provided and, although proposing circa 100 new full-time jobs, the proposal would still result in the net loss of 345m² of floorspace. Loss of existing (Serviced Offices and Light Industrial) use and Provision of a Mixed-Used Re-Development Scheme 5.5 Policy DM34 of the Site Development Policies DPD states that; (a) Outside the main locations for industry, proposals resulting in the loss of industrial/business floorspace will unless it can be demonstrated that: o The retention of the existing use will have a significant adverse effect on residential amenity and there is no reasonable prospect that this effect can be alleviated while retaining the use; or o There is genuine evidence, including that the site has been marketed without success, that the site is no longer suitable for industry/business uses. (b) Where the loss of industrial business floorspace can be demonstrated to the satisfaction of the Council, as required in (a) above, mixed-use redevelopment will be allowed provided that: o The development provides for a mix of uses including a significant element of business/industrial uses or other employment generating uses; o Any housing includes a high proportion of affordable family sized housing 5.6 In addressing the requirements of Policy DM34 the applicant has submitted evidence to demonstrate that the site has been marketed without success and is no longer suitable for its lawful employment generating use. The applicant agent provided two marketing reports (dated January 2011 and 3 rd February 2011, from Centro Commercial Ltd) stating that the level of occupancy declined significantly over the years and the units forming the application site have been vacant since early The app (dated 7 th February 2011, from Centro Plc) stating that a marketing campaign was undertaken to secure new tenants of the commercial lease. The letter noted that this campaign was unsuccessful and the premises remained vacant

10 Agenda Item 2 Page 24 and that there has been a severe decline in demand for short term flexible business space. 5.7 Additional marketing evidence has been submitted with the current application and includes: A report on Supply and Demand of Industrial Accommodation in Sutton prepared by Stiles Harold Williams in 12 th October 2010 noting a large supply of industrial space available within the borough. A letter, dated 30 th September 2010, from the Bank of Ireland, detailing the marketing of the subject property since June 2009, including the freehold of the premises. Letters dated 8 th October 2010 and 31 st January 2011, from PKF Accountants and business advisors 5.8 On the evidence available it appears that there has been an extensive and adequate marketing exercise but that this has been unsuccessful. That is sufficient for Policy DM34 and the loss of the existing use is therefore acceptable in principle, provided the scheme is for an employment generating mixed use development, including housing. 5.9 It is considered that the application proposal, comprising a 74 bed care home and a 325m² retail unit reasonably complies with the policy requirements for a mixed use development, including employment generating uses. As the housing proposed is a care home there is not a policy requirement for affordable housing. The Principle of a Care Home in this Location 5.10 Strategic Objective SO2 of the Sutton Core Strategy DPD states that the Borough, including accommodation for people with care needs, to meet the needs of all social groups and achieve healthy balanced communities. Policy DM27 of the Site Development Policies DPD states that proposals for the provision of accommodation for residents incapable of living independently will be favourably considered, provided that the proposed development would not either individually or cumulatively: i. it meets an identified need; ii. it is provided in a location and is of a type that is well designed to meet the needs of a particular client group and fits in with the character of the area; iii. it is accessible to local facilities; iv. it would not have an unacceptable impact on the amenities of local residents and would not result in the overconcentration of such residential uses In relation to the first (i.) and fourth (iv.) criteria of Policy DM27, although the Social Services and Housing Department object to the application on the grounds of overconcentration of such uses, in support of the referred to a number of documents published by the Council itself substantiating an increasing need for care solutions for residents with care. Among these documents, there are references to LB Sutton Core Strategy Strategic Objective SO2 (detailed above) and the LB

11 Page 25 Agenda Item 2 Sutton Market Testing Information Pack for the Oakleigh Care Centre with the later document predicting an increase in the demand for residences for people with dementia from 1,974 in the year 2010 to 3,121 in the year In addition to the above matters the applicant commissioned a Demographic and Care Needs Analysis (December 2012) and an independent report from Jones Lang LaSalle (March 2012) to indentify the need for a 74 bedroom care home at the application site. Both reports conclude that even if the most conservative projections were adopted there would still be a significant shortfall of places projected through to 2021, with a possible need for another 395 places, and although there are two new homes planned with a total of 108 beds these are not likely to have a significant impact on the care needs for dementia catchment area It is therefore considered the information provided in this respect reasonably demonstrates that the proposed nursing care home meets an identified need within a group of the population and that in meeting this requirement an overconcentration of such uses would not necessarily arise To satisfy the second criteria (ii.) of Policy DM27, the applicant submitted a Care Home Report by Marches Care Ltd detailing how the proposals have been designed to meet the specific needs of the client group. The design of such a facility from the onset rather than the conversion of an existing building, as is largely the case within the LB Sutton, would allow the opportunity to provide a bespoke facility for occupation with older people suffering with dementia In addition, the proposed change of use complies with the third criteria (iii.) as the proposed nursing care home would be located within the Westmead Local Centre where a range of shopping facilities are available to future residents, staff and visitors and within close proximity to the GP Practice in Benhill Avenue Consequently, the introduction of a nursing care home for older people with dementia would be acceptable, subject to there being no impact on the character of the area, the amenities of neighbours or local highway conditions etc. The Principle of a Retail Unit in this Location 5.17 As aforementioned, the site is located within a local centre and as such in planning terms there can be no objection in principle to the proposed 325m² of retail floorspace Design Quality: 5.19 The existing building occupies a prominent site on two corners within Westmead Road. Although the existing building is very visible due to its white render finish it is not considered to be of a particularly distinctive or attractive design, and there is no objection in principle to its demolition, subject to the replacement building being of suitable townscape quality.

12 Agenda Item 2 Page It is felt that the proposed building with its two art deco influenced design rounded and rendered three storey corner features (fronting Westmead Road), and its projecting and recessed rendered and brickwork two/ three storey elevations on the remainder of the building, would be both distinctive and attractive, and enhance the streetscene. Although generally higher than the existing building it is considered that due to the island nature of most of the site, and that the second floor would be recessed mostly where opposite two story housing, the proposal would not adversely affect the character of the area Impact on Neighbours: 5.22 The residential properties within the vicinity of this site include properties which front Kingsley Avenue, to the east, Cowper Avenue to the west, and Westmead Road located to the south of the site. The main amenity consideration relates to the extent to which the development may impact on the amount of light received by adjoining residential occupiers, together with a consideration of the impact on their outlook and privacy. It is also necessary to consider the impact of the development when it is occupied in terms of its potential to create additional noise and disturbance, either from activity within or outside the new building It is considered that the proposed development, due to its distance from existing residential properties, and the and the fact that the existing building contains potentially overlooking windows at first floor level, would not have an unreasonable adverse impact on the outlook, privacy, daylight and sunlight of adjoining residents. The proposed building although generally higher than the existing building, would mostly be located further away from adjacent housing Subject to appropriate conditions requiring obscure glazing of secondary windows and of primary windows up to one metre above floor level on the western and north internal elevations of the proposed building to prevent direct downward looking onto the rear amenity areas of the properties on the eastern side of Cowper Avenue from the windows, it is considered that this impact from the proposal would not warrant a reason for refusal Although the operation of the care home would cause some noise and disturbance to local residents, primarily from movement of vehicles, staff and visitors, bearing in mind the Local Centre Location of the site, traffic noise from Westmead Road, and the fact that there are no restrictions on the use of the existing business centre, it is considered that the impact on amenity would not be unreasonable Layout: 5.27 Landscaping 5.28 It is considered that the proposal would make adequate provision for hard and soft landscape treatment of space around the proposed building, and detailed proposals would be secured by the imposition of a condition on any approval of planning permission, to include boundary treatments.

13 Page 27 Agenda Item Amenity Space 5.30 Private amenity space with a total area of 320m² would be provided to the care home element of the proposals within easily accessible areas, with part of the amenity provided to the rear of the building and 220m² in the form of roof gardens. As there are no minimum standards required for such uses and the majority of the future residents would be mainly bedbound this is considered a sufficient and adequate provision. A condition is recommended to ensure appropriate hard and soft landscaping is provided Refuse Storage 5.32 Although concerns have been submitted in this respect, the development would provide satisfactory refuse storage facilities in accordan standards, subject to the recommended conditions Traffic & Parking: 5.34 A Transport Assessment (TA) was submitted in support of the application. The Councils Highways Engineer has considered the report and advised the applicant has provided an assessment of traffic generation and parking demonstrating that impact on the highway will not be significant. The staff will not contribute to significant levels of congestion as a result of additional traffic (in all modes) in the traditional peak hours because of the work shift patterns that would occur at the site. It accepts the proposals would not result in an unacceptable impact on the highway network. Staff & Visitors Parking 5.35 he proposal would provide a total of 28 on-site parking spaces, as there is insufficient on-street parking spaces located in the vicinity of the application site, with 20 spaces provided for the care home and 8 spaces for the retail unit In terms of the Care Home the maximum parking standards of the LDF requires a maximum of 1 parking space per 4 staff and 1 space per 10 beds for visitors, and thus, on a pro rata basis to allow for shift work, a total of 20 on site parking spaces would be required and provided for this element of the proposals. In terms of the retail unit 1 space per 50m² and thus a total of 7 parking spaces would be required while 8 would be provided, which is considered acceptable The applicant also has proposed the inclusion of 10 new cycle bays within the building which, bearing in mind the number of employees is considered acceptable, however a condition has been recommended because the arrangement shown on the site plan is not sufficiently detailed to establish whether it would be in accordance with the requirements of the LDF for the staff cycle parking to be secured. Travel Plan 5.38 implement a Travel Plan which includes use of staff car parking and implementing a permit allocation system to

14 Agenda Item 2 Page 28 prioritise those with a genuine need to drive to work (those with a disability, working unsocial hours or with a caring responsibility) as to encourage and increase the percentage of non-car mode trips for the care home The development will produce additional traffic in terms of staff and operational trips but from the estimates provided these trips will either be relatively low numbers in terms of the operational traffic at morning and evening peak hours or outside of the peak periods in the case of staff traffic. The development provides a car park that is suitable to accommodate staff demand even at times when there are no public transport services in operation but it is expected that the applicant has done all it can to accommodate staff cars within its own car park rather than allow staff parking on surrounding roads which are already subject to occasional delays as a result of parked vehicles. The use of the staff car park by employees rather than using the highway network should be included as part of the Travel Plan that will need to be drafted prior to occupation of the new facilities It is therefore considered that no reasonable objections can be offered to the proposal on traffic and parking grounds. A monetary contribution towards sustainable transport improvements and five conditions have been recommended should permission be granted, which relate to parking, pedestrian visibility splays, sustainable transport modes, construction method statements and new access Trees 5.42 Although concerns have been submitted in this respect, the footprint of the proposed building is shown to fall outside the line of the calculated root protection areas of the street trees in Westmead Road and Kingsley Avenue. Canopy spreads with branches over 20mm (millimetres) thick also appear not to be affected by the line of the new buildings. Therefore there is no objection to the siting of the building, provided the tree protection measures as described by Simon Jones Associates Ltd in the Arboricultural Implications Report (January 2012) and of 3 rd may 2012 are satisfactory and should be conditioned into any future planning consent. A condition is therefore recommended to that effect Other Considerations: Access: 5.44 The proposal is dimensioned to meet Disability Discrimination Act requirements and provides a total of four disabled car parking spaces, level access and ambulance set down areas. Overall, it is considered that adequate provision has been made to satisfy the requirements of policy DM1. Safety and Security: 5.45 ion Officer has reviewed the submitted application, accreditation. A condition is recommended to secure this.

15 Page 29 Agenda Item The Crime Prevention Officer also advised that the development should include improved surveillance to the proposed parking areas off Cowper Avenue and Kingsley Avenue. A condition is recommended to ensure suitable CCTV and adequate illumination is provided to these areas. Sustainability: 5.47 Policy 5.3 of the London Plan requires boroughs to ensure future developments meet the highest standards of sustainable design and construction and include measures to make efficient use of land and existing buildings; reduce carbon dioxide emissions; design new buildings for flexible use and avoid internal overheating and excessive heat generation. Policy 5.2 requires that developments achieve a reduction in carbon dioxide emissions of 25% from on site renewable energy generation where feasible An energy assessment has been submitted with satisfactory commitments to reducing energy demand, but insufficient overall levels of sustainable energy (e.g. renewable energy technologies) to meet the 25% CO2 reduction required ite Development Policy DM6. Moreover, the BREEAM pre-assessment, while thorough in the way it has now stronger sustainability commitments along these lines. Contaminated land 5.49 The site has a history of industrial use and Environmental Health have recommended a condition to ensure that a full contaminated land assessment and any necessary mitigation works are undertaken before works commence on site. Sustainable Drainage 5.50 In accordance with Policy 5.13 of the London Plan all development proposals should incorporate sustainable urban drainage systems in order to minimise surface run-off from the application sites to natural watercourses to thereby demonstrating whether the surfaces would be constructed with permeable materials which would allow for absorption of rainwater Therefore, in the interest of sustainable drainage systems an additional condition is considered appropriate to ensure that a sustainable drainage system is provided in accordance with the objectives of Policy 5.13 of the London Plan. Archaeological: 5.52 Policy DM4 of the SPD DPD seek to ensure that before development proposals within Archaeological Priority Areas are considered, preliminary archaeological field evaluations are undertaken in accordance with a written scheme of investigation to be approved in advance by Council.

16 Agenda Item 2 Page English Heritage (Archaeological (London) Advisory Service) has considered the proposals with respect to an earlier application to the rear of the site and advised that it does not appear likely that this development scheme would affect archaeology and any requirement for further pre or post-determination archaeological assessment for the site could be waived. Biodiversity 5.54 National Planning Policy Framework seeks to conserve, enhance and restore the diversity of England's Wildlife by sustaining and, where possible improving the quality and extent of natural habitat enhancing biodiversity in green spaces and among developments. With reference to biodiversity, Biodiversity Officer has made some recommendations in relation to enhancing the biodiversity value of the land. A condition is included to require details of possible biodiversity enhancement to address the Biodiversity Officers comments Planning Obligations: 5.56 Policy DP2 of the Core Planning Strategy and Circular 1/97 states that, where necessary, the Council can seek planning obligations from developers to provide community benefits necessary to facilitate implementation of an acceptable development scheme. In March 2007, the Council adopted Supplementary Planning Document No.5 Planning Obligations, which sets out the basis on which the Council will seek contributions from appropriate development proposals in order to facilitate improvements and benefits to the community and to the local environment The Community Infrastructure Levy Regulation 2010 (Regulations issued Pursuant to the 2008 Act) have now put three tests on the use of planning obligations into law. It is now unlawful (since 6th April 2010) to request planning obligations that do not meet the following tests: i. necessary to make the development acceptable in planning terms ii. directly related to the development, and iii. fairly and reasonable related in scale and kind to the development 5.58 The effect of the Regulations is that this Council must apply the tests much more strictly and is only to ask for planning obligations that are genuinely necessary and directly related to a development. Should planning obligations be requested that do not meet the policy tests the Council would have acted unlawfully and could be subject to a High Court challenge On the basis of the Community Infrastructure Levy Regulation 2010, it is only considered reasonable to request monetary contributions towards the following: Sustainable Transport Contribution (Care Home) - 10, Sustainable Transport Contribution (Retail Unit) - 12, Health Contribution - 28, Monitoring of Travel Plan - 2, Administration fee - 1,307.00

17 Page 31 Agenda Item In addition to the above, the Community Infrastructure Levy (CIL) has changed the way planning authorities seek financial contributions. The Mayor of London has chosen to implement CIL in all London Boroughs to assist in financing Crossrail. From April 2012 the Mayor requires all development over 100m² (education and health purposes exempted) to pay a levy of 20m² of floor space. Furthermore, the London Borough of Sutton will be implementing its own CIL in early 2013 and, when this comes into force, this will likely replace the current way the Council seeks contributions through Supplementary Planning Document It is noted that the floor space created by the proposal over the first, second and third floors would cover an area of approximately 4,440m² of additional floor space. Therefore, in addition to the monetary contributions listed above the proposal is likely to be liable to the payment of a further 88, towards Community Infrastructure Levy The applicant has confirmed that the planning obligations listed above are acceptable and subject to a signed legally binding s.106 agreement being submitted to the Council. 6.0 CONCLUSION AND RECOMMENDATION 6.1 The proposal to demolish part of the existing buildings and develop the site, by way of erecting a specialised care home and retail unit would result in the loss an existing business / industrial use and employment floorspace opportunity serving the local community. However, the applicant has demonstrated that the premises have been for the most part vacant and marketed without genuine success over a prolonged period and the proposals would result in a mix used employment generating development, thereby satisfying Policy DM34 of the SDP. 6.2 Furthermore, the proposed development would be of acceptable scale and design, would not adversely affect the character and appearance of the area, would not have an unreasonable adverse impact on the amenities of adjoining occupiers, would provide much needed residential accommodation and would not unreasonably affect local on street parking conditions. 6.3 Therefore, it is recommended that the application is approved subject to the conditions set out in the agenda and the Section 106 Legal Agreement relating to the matters specified in paragraph 5.59 above. Background Papers: C2012/65431/FUL Drawings and other documents can be viewed on line 1) Go to page: 2) Enter Planning Application Number: C2012/ ) Click on Search and View Current Applications 4) Click on View Plans & Documents

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19 Page 33 Agenda Item 2 G Mr Michael Russell Nathaniel Lichfield & Partners 14 Regent's Wharf, All Saints Street London N1 9RL C2012/65431/FUL DRAFT WARNING: It is in your interests to ensure you obtain the approval of the Local Planning Authority, where the conditions require that to occur. Failure to comply with the following conditions may lead to enforcement action to secure compliance. FIRST SCHEDULE Westmead House 123 WESTMEAD ROAD Sutton Surrey SM1 4JH Demolition of existing buildings & erection of a part two, part three storey building incorporating a mezzanine and part lower ground floor comprising a 74 bedroomed care home over part of ground floor, first and second floors with a sensory roof garden, amenity space, ancillary staff and resident facilities, plant accommodation and laundry on lower ground floor and provision of 20 car parking spaces accessed from Kingsley Avenue. Provision of sq metres of retail floor space on the ground floor with provision of 8 car parking spaces fronting Cowper Avenue. SECOND SCHEDULE (1) The development must be begun not later than the expiration of three years beginning with the date hereof. Reason: To comply with Section 91 of the Town and Country Planning Act 1990, as amended. (2) The appearance, type and treatment of the materials to be used on the buildings, means of enclosure and gates shall be approved in writing by the Local Planning Authority prior to the development being carried out. The approved details shall be used in the construction of the development hereby approved and retained in that form thereafter.

20 Agenda Item 2 Page 34 Reason: To safeguard the visual amenities of the area and to ensure compliance with Policy BP12 of the CPS (DPD1) and DM1 of the SDP (DPD2): Proposed Submission which seek to ensure buildings are of a high standard of design and where applicable compatible with existing townscape. (3) No development shall commence until an arboricultural method statement and tree protection plan describing in detail the construction methods relating to foundations is submitted to and approved in writing by the Local Planning Authority. The details shall include an appropriately scaled survey plan showing the positions of trees affected by the proposed development, construction details including cross sectional drawings describing the depth and width of footings where they fall within the root protection areas and means whereby the tree roots are to be protected in accordance with British Standard BS: 5837:2005. A schedule of pre construction tree works shall also be included, detailing works relating to the pruning back of lateral branches from the 3 lime trees described as T13, T14 and T15 within the Arboricultural Implications Assessment Report ref. SJA air and shall not exceed the limits confirmed in writing by Simon Jones Associates on 3rd May The development shall be carried out in accordance with the approved statement. Reason: To ensure, where applicable, compliance with policies BP12 of the Core Planning Strategy and DM1 of the Site Development Policies which seek to retain and replace trees; and which requires landscaping schemes to provide a satisfactory townscape incorporating hard and soft landscaping. (4) No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of both hard (which shall include external materials for hard surfaces) and soft landscaping which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, and detailed proposals for their protection during construction, and full details of new planting. Reason: To ensure, where applicable, compliance with policies BP12 of the Core Planning Strategy and DM1 of the Site Development Policies which seek to retain and replace trees; and which requires landscaping schemes to provide a satisfactory townscape incorporating hard and soft landscaping. (5) The development shall not be occupied until a scheme for biodiversity improvements have been submitted to and approved in writing by the Local Planning Authority. Work shall be undertaken in accordance with the approved scheme. Reason: To enhance the biodiversity value of the land in accordance with policy DM17 of the Site Development Policies DPD. (6) All planting, seeding or turfing shown in the approved details of landscaping shall be carried out in the first planting and seeding season following the completion of the development, and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason: To ensure, where applicable, compliance with Policies BP12 of the Core Planning Strategy and Policy DM1 of the Site Development Policies DPD, which require

21 Page 35 Agenda Item 2 landscaping schemes to provide a satisfactory townscape incorporating hard and soft landscaping. (7) No development shall take place until a detailed scheme for a pergola style structure for the 10 parking spaces accessed from Cowper Avenue has been submitted to and approved by the Local Planning Authority, unless otherwise agreed in writing. The approved pergola style structure shall be provided prior to the occupation of the development and retained in that form thereafter. Reason: To safeguard the visual amenities of the area and to ensure compliance with Policy BP12 of the CPS (DPD1) and DM1 of the SDP (DPD2) which seek to ensure new development is of a high standard of design and compatible with existing townscape. (8) Before the first occupation of the development, a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall then be implemented, developed, monitored and enforced in accordance with the approved details for a minimum of 5 years. Reason: To promote sustainable transport choices, encourage access by non-car modes and reduce the need to travel especially by car. (9) The development shall not be occupied until the proposed accesses have been constructed in accordance with the details to be submitted to and approved in writing by the Local Planning Authority, and thereafter be permanently retained as approved. Reason: In the interest of road safety. (10) The development shall not be occupied until pedestrian/vehicle visibility splays of 2m by 2m have been provided on each side of the proposed accesses, unless otherwise agreed in writing by the Local Planning Authority; the depth measured from the back of the footway and the widths outwards from the edges of the access and thereafter permanently retained; no fence, wall or other obstruction to visibility exceeding 0.6m in height above the surface of the adjoining highway shall be erected within the area of such splays. The visibility splays shall thereafter be permanently maintained. Reason: To ensure that the proposed development does not interfere with the free flow of traffic and conditions of safety on the public highway. (11) The development shall not be occupied until space has been laid out within the site in accordance with the approved plans for 20 cars to be parked and for improvement to the existing parking bay area on Cowper Avenue. The parking areas shall be used and permanently retained exclusively for its designated purpose. Reason: To prevent obstruction and inconvenience to other highway users (12) The development shall not be occupied until space has been laid out within the site in accordance with details to be submitted to and approved in writing by the Local Planning Authority to provide secure cycle parking and changing facilities. The approved details shall be implemented, and thereafter be permanently maintained. Reason: To encourage access by non-car modes.