PLANNING SUPPORT STATEMENT. 29 Fernshaw Road, London SW10 0TG MRS. GAIL TAYLOR & MRS. KAREN HOWES. Prepared For TR/6570

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1 PLANNING SUPPORT STATEMENT 29 Fernshaw Road, London SW10 0TG Prepared For MRS. GAIL TAYLOR & MRS. KAREN HOWES November 2012

2 Contents 1 INTRODUCTION 1 THE APPLICATION PROPERTY AND SURROUNDING AREA 1 RELEVANT PLANNING HISTORY 1 THE PROPOSAL 1 2 THE PLANNING POLICY CONTEXT 2 THE NATIONAL PLANNING POLICY FRAMEWORK 2 THE DEVELOPMENT PLAN 3 THE LONDON PLAN 3 THE CORE STRATEGY 3 EVIDENCE BASE DOCUMENTS 4 THE DETERMINATION OF A PLANNING APPLICATION 4 3 OTHER MATERIAL CONSIDERATIONS 5 THE CURRENT BUSINESS 5 MARKETING 5 VIEWINGS 6 COMPARABLE AVAILABLE OFFICE FLOOR SPACE 6 LOTS ROAD EMPLOYMENT ZONE 7 CHANGE OF USE TO RESIDENTIAL 7 IMPACT ON RESIDENTIAL AMENITY 8 4 CONCLUSIONS 10

3 1 INTRODUCTION 1.1 This statement is written in support of an application for planning permission for the change of use of no. 29 Fernshaw Road into a single family residential dwelling house. The Application Property and Surrounding Area 1.2 The application property is a detached two storey building with accommodation in a mansard construction situated on a corner plot adjacent to no. 27 Fernshaw Road to the northwest and no. 13 Edith Terrace to the southeast. Nos Fernshaw Road consists of a terrace of three storey plus basement Victorian properties in residential use. No. 13 Edith Terrace is a detached three storey residential building. The authorised use of no. 29 is for B1 purposes. The building is currently being used by the Owner/s for their interior design business employing 16 full time staff. 1.3 The immediate surrounding area is predominately residential in character. Relevant Planning History 1.4 A planning application was submitted to the LPA in October 2010 for the change of use of the building from B1 (office) to C3 (residential) use. This application was subsequently withdrawn following Officer advice. The Proposal 1.5 Planning permission is sought for the change of use of the building from office use falling within Use Class B1 to a single family dwelling house falling within Class C3 of the Town and Country Planning (Use Classes) Order 1987 (as amended). 1.6 No external alterations are proposed. 29 Fernshaw Road, London SW10 0TG 1

4 2 THE PLANNING POLICY CONTEXT The National Planning Policy Framework 2.1 The National Planning Policy Framework (NPPF) was published on 27th March The new NPPF largely carries forward the planning policies and protections contained within Planning Policy Guidance Notes (PPGs) and Planning Policy Statements (PPSs) albeit in a more streamlined form with an emphasis on a presumption in favour of sustainable development. 2.2 Paragraph 14 states: "At the heart of the NPPF is a Presumption in favour of sustainable development,. 2.3 The NPPF relies upon two well-known definitions for 'sustainable development': 1. The United Nations General Assembly definition: meeting the needs of the present without compromising the ability of future generations to meet their own needs ; and 2. The five guiding principles of sustainable development set out in the UK Sustainable Development Strategy: living within the planet s environmental limits; ensuring a strong, healthy and just society; achieving a sustainable economy; promoting good governance; and using sound science responsibly. 2.4 In that context, the NPPF identifies three dimensions to sustainable development : An economic role; A social role; and An environmental role. 2.5 Paragraph 14 of the NPPF continues: Local Plans should meet objectively assessed needs, with sufficient flexibility to adapt to rapid change, unless: - any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework as taken as 29 Fernshaw Road, London SW10 0TG 2

5 a whole; or - specific policies in this Framework indicate development should be restricted". 2.6 With specific regard to employment, paragraph 22 of the NPPF advises that "local planning authorities should avoid the long term protection of sites where there is no reasonable prospect of a site being used for that purpose" and continues "... applications for alterative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities." 2.7 To deliver a wide choice of high quality homes, paragraph 51 of the NPPF advises that local planning authorities should normally approve planning applications for change to residential use from commercial buildings which are currently in the B use classes. The Development Plan 2.8 The proposal has been assessed in relation to relevant policies contained within the London Plan dated July 2011 and the Royal Borough of Kensington and Chelsea's adopted Core Strategy dated December The property is situated within the Sloane/Stanley Conservation Area. It is not a listed building. The London Plan 2.10 The 2011 London Plan is the overall strategic plan setting out an integrated framework for the development of London over the next years and of which recognises the pressing need for more homes in London during the plan period Policy 3.5 sets out the minimum space standards for new residential development. The Core Strategy 2.12 Relevant policies contained within the adopted Core Strategy are Policies CH1,CH2, CL5 & CF5. Policies CH1 & CH2 are concerned with increasing housing supply in 29 Fernshaw Road, London SW10 0TG 3

6 the Borough and ensuring an appropriate housing mix and type. Policy CL5 seeks to achieve high standards of amenity Policy CF5 is concerned with the location and protection of business uses. Particularly relevant in the determination of this application is criteria a of CF5 which seeks to protect very small and small offices throughout the borough. Evidence Base Documents 2.14 Also relevant in the determination of this application is the Employment Land Review dated October This report was produced by Roger Tym & Partners for the LPA and reviewed the supply and demand for employment land and floorspace across the borough. The determination of a planning application 2.15 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 states: 2.16 Where in making any determination under the planning Acts, regard is to be had to the development plan unless material considerations indicate otherwise The application proposal seeks the change of use of the building from office use (Class B1) into a residential single family dwelling house (Class C3). Whilst this new use would be in compliance with the relevant housing policies contained within the London Plan and Kensington & Chelsea's Core Strategy, it would nevertheless conflict with Policy CF5 (a) In this case, as with many others, consideration of a proposal involves balancing a number of issues, often pulling in different directions with a proposal complying with one policy but conflicting with another. The ultimate decision often being made by attibuting weight to these different considerations and exercising a planning balance The following section of this report provides the other material considerations which must be taken into account when determining this application in accordance with Section 38 (6) of the 2004 Planning and Compulsory Purchase Act. 29 Fernshaw Road, London SW10 0TG 4

7 3 OTHER MATERIAL CONSIDERATIONS The current Business 3.1 The building is currently owned by the applicants and used as an interior design business known as Taylor Howes Designs Ltd. The business was first established in 1991 with the business moving into the application property in Over the years, the business has expanded and now employs 16 full time staff with an additional 4 freelance personnel. 3.2 From time to time, the company has work experience students from nearby colleges including KLC Design College and also more mature students looking for a career change. In the last 6 months there have been 7 work experience students. 3.3 As the business became more successful, a sister company, th:2 Designs Ltd was started up in 2005 initially in 29 Fernshaw Road. However, as business grew, and more space was needed, th:2 Designs Ltd moved from the application property to the nearby Chelsea Harbour business centre in The owners wish to expand the business further and remain in the locality particularly as the sister company is nearby. However, to achieve this, larger premises are necessary. Site contrainsts and restrictive planning controls do not allow for the existing building to be extended and it is important for the business to be in one building and not in ad hoc buildings dotted around the area. Furthermore, a showroom is now an important requirement for expansion of the business. 3.5 The building has therefore been marketed in order to fund larger premises to expand the business thus creating additional employment in the area. Despite an active marketing campaign over the last 6 months, the building has not been let and to that end, the business has been unable to expand. Marketing 3.6 The application property has been actively marketed, at a reasonable rent since April The Agent, Northam Clover also ensured the property was circulated by 29 Fernshaw Road, London SW10 0TG 5

8 the Estate Agents Clearing House (commencing on 11th April 2012) and added to the Focus/Propex database in April See Appendix A "To Let" board was erected on the building in June See Appendix 2. However, the Letting Agents were advised by Council Officers that the property lies within a restricted area whereby Agents boards were not permitted and the board was therefore subsequently removed. 3.8 The letting agents, Northam Clover, in a letter to the applicants dated 23rd October 2012 advised that despite their detailed marketing campaign, there has been very little interest in the building. See Appendix 3. Viewings 3.9 At the time of writing this report, only two parties showed any interest in leasing the building for B1 purposes. The first party viewed twice in April before deciding that the building was unsuitable and that they were looking for space on a single floor The other viewing took place on 10th October. The building contractors, Robert MacAlpine needed to rent space for 2 years for their project offices for a development in Chelsea Manor Street. However, they have since found two other options closer to the site and therefore decided not to progress any further with 29 Fernshaw Road. Comparable available Office Floor Space 3.11 The application property has been marketed at a realistic rental price of 65,000 per annum, although in the latter months the Agents have been verbally indicating that the rental is likely to be reduced to 55,000 per annum. Appendix 4 provides a comparison table of available office accommodation in the Borough, as well as available office space in the neighbouring Borough of Hammersmith & Fulham. The table shows the amount of floorspace available in each case and charges. 29 Fernshaw Road, London SW10 0TG 6

9 Lots Road Employment Zone 3.12 The application property is located within a predominately residential area. Approximately half a mile away is the Lots Road Employment Zone, which is a predominately commercial area with business floor space catering for smaller occupiers As reported in the Employment Land Review, the Lots Road Power Station development which is due for completion in 2013 will provide 4,900 sqm of new business floor space. This is endorsed in the Council's more recent Enterprise Core strategy Review of The new development in the Power station site will provide a significant amount of windfall business floor space within the Lots Road Employment Zone where there is a concentration and mix of employment generating uses As explained above, despite an active marketing campaign, the application property has not been let and this in turn has prevented the business from expanding due to the need to lease the building to finance larger premises. The owners wish to re-locate locally particularly as the sister company is based in Chelsea Harbour and may look to relocate in the Power Station development if suitable Whilst the proposal may conflict with Core Strategy policy CF5 a, the evidence above demonstrates that there are clear indications as to why a change of use to residential should be permitted and of which are "other material considerations" which outweigh the policy presumption in this instance. Change of use to Residential 3.17 To change the use to residential and convert the building into a single family dwelling house would be a suitable alternative use consistent with prevailing national and local policies which seek to increase London's housing stock. Furthermore, the application property is situated on the corner of two residential streets and located in an area which overall is predominately residential in 29 Fernshaw Road, London SW10 0TG 7

10 character and where a residential use is far more suited to the application building than a stand-alone commercial building in a residential area The floor plans demonstrate how the building will be converted to suitable familysize accommodation. Furthermore, during conversion works it will be possible to carry out further internal alterations to ensure the building achieves the lifetime homes standards. The proposal would therefore comply with London Plan Policy 3.5 and Core Strategy policies CH1 & CH2. Impact on Residential Amenity 3.19 The existing business use, as a matter of fact must adversely impact upon residential amenity due to comings and goings of both staff and vehicular and pedestrian activity associated with the existing business use During 27th April 2012 to 28th September 2012 a vehicular and pedestrian activity count was carried out. Table 1 in Appendix 5 shows the number of typical movements in a full 5 day week. Table 2 demonstrates the typical number of movements which includes some non 5 day weeks due to public holidays As the tables clearly demonstrate, there are a considerable number of movements, both vehicular and pedestrian, which occur on a daily basis in this quiet residential area Furthermore, commercial vans, cars and bikes delivering to the premises currently add to pressure on surrounding residential streets and parking in the vicinity. Vans delivering to this corner building tend to park outside on the corner of Fernshaw Road and Edith Terrace often obscuring visibility of other road users thus resulting in a detrimental impact upon highway safety in the locality There can be no doubt therefore that the level of activity associated with the business use must have an adverse impact upon the amenity of local residents far greater than if the building was in use as one single family dwelling house The proposed change of use may not necessarily be a burden on existing resident parking spaces particularly as any residential occupier of 29 Fernshaw Road would have the opportunity to use the courtyard for parking purposes. 29 Fernshaw Road, London SW10 0TG 8

11 3.25 For the reasons given in paragraphs 3.19 to 3.24 above, the proposed change of use would improve the level of amenity currently enjoyed by owner/occupiers in the surrounding area and Core Strategy policy CL5 is therefore complied with. 29 Fernshaw Road, London SW10 0TG 9

12 4 CONCLUSIONS 4.1 Whilst the proposal does not comply with all relevant development plan policies, consideration of a proposal involves balancing a number of issues, often pulling in different directions with a proposal complying with one policy but conflicting with another. 4.2 In this instance, the proposal does not comply with Core Strategy policy CF5 a. However, other material considerations must be taken into account when determining this application as required by Section 38 (6) of the Planning and Compulsory Purchase Act 2004 and of which outweigh the policy presumption in this case. 4.3 To expand the existing business and therefore create additional employment, the owners need to re-locate to larger premises and in order to do so, the existing premises needs to be leased to finance larger premises. 4.4 Despite an active marketing campaign, it has not been possible to let the property for B1 business use. 4.5 The loss of the office accommodation would not so significantly or demonstrably outweigh the benefits of providing additional housing in the Borough. 4.6 The proposed change of use to residential is an appropriate alternative use in an area predominately residential in character and wholly accords with paragraph 51 of the NPPF which advises local planning authorities that they should normally approve planning applications for change to residential use from commercial buildings which are currently in the B use classes. 4.7 Furthermore, the proposed use would improve the amenity of local residents. 4.8 For the reasons given in this statement we trust the Royal Borough of Kensington and Chelsea will determine that the application for planning permission can be approved. 29 Fernshaw Road, London SW10 0TG 10

13 29 Fernshaw Road, London SW10 0TG 11

s p planning Date: 26 April 2012 10 CHRISTCHURCH STREET, LONDON SW3 4AR (LPA APP REF: PP/12/00249/Q21) GROUNDS OF APPEAL

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