Nash House, Park Royal

Transcription

1 planning report PDU/2096b/02 29 June 2011 Nash House, Park Royal in the London Borough of Ealing planning application no. P/2010/2215 Strategic planning application stage II referral (new powers) Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal Outline planning permission for demolition of existing office building and the construction of a part 6/part 9-storey building to contain business, retail, and office/community space, together with student accommodation (323 rooms) and associated parking. The applicant The applicant is BNB Developments Ltd, and the architect is Tate Hindle Architects. Strategic issues The site is designated as Strategic Industrial Land and whilst student accommodation would not normally be considered to be an appropriate use, the scheme results in an increase in employment floor space, and the student accommodation results in a viable scheme coming forward on the site. Outstanding issues in relation to community uses, urban design, Blue ribbon, inclusive design, climate change and transport have generally been addressed through the provision of further information and imposition of conditions and section 106 obligations. On this basis, the scheme can be considered to be in general compliance with the London Plan. The Council s decision In this instance Ealing Council has resolved to grant planning permission. Recommendation That Ealing Council be advised that the Mayor is content for it to determine the case itself, subject to any action that the Secretary of State may take, and does not therefore wish to direct refusal. page 1

2 Context 1 On 16 June 2010 the Mayor of London received documents from Ealing Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. 2 The application is referable under Category 3E of the Schedule to the Order 2008: Development which does not accord with one or more provisions of the development plan in force in the area in which the application site is situated; and comprises or includes the provision of more than 2,500 square metres of floorspace for a use falling within any of the following classes in the Use Classes Order (i) class A1 (retail); (ii) class A2 (financial and professional); (iii) class A3 (food and drink); (iv) class A4 (drinking establishments); (v) class A5 (hot food takeaways); (vi) class B1 (business); (vii) class B2 (general industrial); (viii) class B8 (storage and distribution); (ix) class C1 (hotels); (x) class C2 (residential institutions); (xi) class D1 (non-residential institutions); (xii) class D2 (assembly and leisure). 3 On 14 July 2010 the Mayor considered planning report PDU/2096b/01, and subsequently advised Ealing Council that the application did not comply with the London Plan, for the reasons set out in paragraph 76 of the above-mentioned report; but that the possible remedies set out in paragraph 78 of that report could address these deficiencies. 4 A copy of the above-mentioned report is attached. The essentials of the case with regard to the proposal, the site, case history, strategic planning issues and relevant policies and guidance are as set out therein, unless otherwise stated in this report. On 19 May 2011 Ealing Council decided that it was minded to grant planning permission and on 16 June 2011 it advised the Mayor of this decision. Under the provisions of Article 5 of the Town & Country Planning (Mayor of London) Order 2008 the Mayor may allow the draft decision to proceed unchanged or direct Council under Article 6 to refuse the application. The Mayor has until 29 June 2011 to notify the Council of his decision and to issue any direction. 5 The decision on this case, and the reasons will be made available on the GLA s website Update 6 At the consultation stage, Ealing Council was advised that the application complied with some London Plan policies, but not with others, and that further information was required in order for scheme to be fully compliant with the London Plan. The outstanding issues related to Strategic Industrial Land (SIL), details of the student accommodation and community space, urban design, Blue ribbon network, inclusive design/access, climate change and transport. The applicant and the Council have subsequently provided further information on these matters and the Council s resolution includes a number of relevant conditions and section 106 obligations. The scheme is outline only, and requests the determination of access only, with details of appearance, landscaping, layout and scale reserved for later consideration. Addressing each of these points in turn, the following is noted: Strategic Industrial Land 7 At the initial consultation stage, the applicant was advised that student accommodation is not an appropriate use on SIL and that further discussion on this point and justification for the loss of SIL to other uses was required. It was noted that the applicant had submitted a financial appraisal to demonstrate that it would not be viable to redevelop the site completely with SIL compatible uses and that a quantum of enabling development would be required to bring the site forward. To enable an informed decision on this, an independent appraisal of the applicant s page 2

3 financial information has been undertaken, which shows than even with the Existing Use Value of the land being taken as zero, a wholly office development on the site would be unviable. This would also be the case even if the amount of office floor space were doubled. 8 Ealing Council is satisfied that given the proposal would result in an increase in employment floorspace, that the introduction of student accommodation on SIL could be justified in this instance. It notes that the scheme offers the prospect of bringing a redundant and problematic employment site back to active use and offers a solution to a site that has contributed little economically or aesthetically to the local area. The site constraints, in particular the position of the site adjacent to Old Oak Lane and servicing difficulties, as well as the fact this is a vacant office building in an industrial context, are acknowledged. This increase in employment floor space overall, providing useful space for SME s and start up businesses, is welcomed and accords with the Park Royal OAPF. It is also recognised that the introduction of student accommodation in this particular location would not prejudice the on-going operation of the rest of the employment area, given its canal and road frontages. On balance, given the Council s support for the proposal and the limited impact upon SIL policy, officers are satisfied that an exception to SIL policies can be justified in this particular case. The proposal would not set a precedent for release of other SIL in the Park Royal opportunity area and as such, and a direction to refuse the scheme is not warranted. Student accommodation 9 At the initial consultation, details of the end occupier of the student accommodation were requested in order to ensure the use by students only. The applicant has agreed to restrict the occupation of the accommodation to students attending a central London university, or from an approved list of other further educational establishments, and the Council has secured a planning obligation in this respect. This is welcomed and ensures compliance with draft replacement London Plan policy 3.8. An obligation that ensures that the student accommodation is not used as a dwellinghouse (Use Class C3) has also been imposed. Community space 10 The scheme includes some small-scale walk-to retail and community space however, at the initial consultation stage details of these facilities were lacking. The applicant has subsequently confirmed that a community room would be provided, that would be operated by the building manager. It is understood that there are no such facilities in the area, and local residents groups have been seeking such a space. The Council has secured a section 106 planning obligation requiring the fitting out and availability of this space for community purposes, which is welcomed. Urban design 11 At the initial consultation stage, it was noted that as an outline application, there was limited visual information submitted to enable an assessment of the impact of the building on the surrounding area. An increase in the amenity space for students and an assessment of noise impacts from surrounding uses was also requested. 12 The applicant has subsequently provided a supplementary addendum to the design and access statement, which includes images of the scheme in views from the surrounding area, and assesses the relationship with nearby residential properties in particular. The height of the building is broadly comparable to the existing building, and the visual impact assessment shows that the building would be an improvement over the existing building. Whilst the massing and form is greater than existing, detailed design features including a setback on the top storeys and introduction of a stronger horizontal and vertical design detail breaks up the perceived length of the facade. These proportions and composition, together with the distance between the scheme and the nearest lower scale residential buildings are such that the visual impact of the scheme page 3

4 would be acceptable. The Council also notes that the scheme would not impinge on any identified important views, and subject to detailed design being secured as reserved matters, that the scheme would have a positive visual impact. Overall, the scheme is broadly in accordance with London Plan policy 4B.1 and draft replacement London Plan policy In relation to the student accommodation, consideration has been given to noise insulation and the extent of window openings, without harming the quality of accommodation. Additional amenity space has also been provided for the student accommodation, which his welcomed. Appropriately worded conditions have been secured by the Council to ensure that the aspirations shown at outline stage are carried through to detailed design stage. Blue ribbon 14 Given the location of the site beside the Grand Union Canal, the opportunity to promote access to the canal side was noted at the initial consultation. Due to the outline nature of the application, little detail about landscaping and access was submitted and it was noted that further advantage should be taken to maximise this location. The applicant has subsequently agreed to a financial contribution to British Waterways to fund landscaping improvements to the canal, and a section 106 obligation imposed by the Council requires that unrestricted access be provided along the towpath. A condition has also been secured by the Council, requiring details of landscaping measures, together with an informative that seeks an open elevation to the waterside at ground floor level to enable increased usage and surveillance. These commitments are welcomed, in accordance with London Plan policies 4C.20 and 4C.12 and draft replacement London Plan 7.24 and the public realm strategy of the Park Royal OAPF. Inclusive design and access 15 At the initial consultation stage, it was noted that the applicant had proposed a total of 22 wheelchair accessible units, which equates to 7% of the total rooms. This provision falls short of the requirements of draft replacement London Plan (which seeks 10% of all units as fully accessible or easily adaptable) and further discussion on this aspect was requested. The applicant subsequently amended the scheme to provide 10% of units as wheelchair accessible, which is welcomed and a condition has been imposed by the Council to secure this provision. 16 Given that the scheme is outline, there is little detail regarding way-finding, lifts, and other access management issues, however the Council has secured a condition requiring the submission of a building management statement to confirm these details. The parking area now provides five blue badge spaces, three of which would be for the student accommodation. This is welcomed, and will ensure that the scheme is in accordance with London Plan policy 4B.5 and draft replacement London Plan policy 3.8. Sustainable development 17 At the initial consultation stage further information was requested in relation to climate change mitigation and adaptation measures. In particular, further details regarding baseline carbon dioxide emissions, energy efficiency standards, district heating, CHP, cooling and renewable energy technologies was sought. The applicant has subsequently provided further information regarding these points. The Council has also secured a condition requiring the submission of a detailed energy strategy, requiring compliance with London Plan and draft replacement London Plan policies, which is welcomed and ensures compliance with London Plan policies 4A.2 to 4A.8. Commitment towards the use of CHP, use of heat pumps and the potential for photovoltaic array should be explored, as there still remains a lack of clarity on these aspects at this point. 18 In relation to sustainable design and construction, the applicant s commitments toward sustainable urban drainage, water efficiency, and green/brown roofs were noted, however it was due to the outline nature of the application, further details regarding these measures would need page 4

5 to be secured before construction of the development. Accordingly, the Council has imposed relevant conditions regarding details of living roofs, BREEAM and other sustainability measures, which is welcomed and ensures compliance with London Plan policies 4A.9, 4A.11, 4A.14 and 4A.16. Transport 19 At the initial consultation stage, a number of issues were highlighted in relation to transport matters, specifically in relation to trip rates, car parking levels, the travel plan, introduction of a controlled parking zone, delivery and servicing plan, construction and logistics plan and cycle parking. 20 The applicant has subsequently provided further information on these points. In particular, a multi-modal trip rate has been provided by the applicant to TfL s satisfaction, which justifies that the development will not have a detrimental impact on the public transport network. This is acceptable. 21 Following a car parking accumulation survey and further interrogation of the TRAVL database, TfL is satisfied that the car parking has been proposed on a restraint basis and therefore a reduced car parking provision is no longer required. Furthermore, the increase in disabled parking to five spaces, together with two active and two passive electrical vehicle charging points is welcomed. 22 The applicant has also provided further information regarding a travel plan coordinator, with details secured through the section 106 agreement. A delivery and servicing plan, together with a construction and logistics plan, and the proposed cycle parking have all been secured by way of condition. As part of the rental agreement, students would also be excluded from applying for parking permits. 23 Also welcomed is a resident s car club with two spaces, that would be established and maintained by way of the section 106 agreement. 24 The section 106 heads of terms includes a total of up to 355,000 payable to the Council towards the upgrading of pedestrian and bus stop facilities, monitoring of on street parking and the subsequent introduction of parking control measures, together with Grand Union Canal and Southern Gateway Public Realm improvements. These measures are welcomed and help deliver the aspirations of the Park Royal OAPF. 25 In summary all outstanding transport issues have been resolved and on this basis the application is now considered to be acceptable in transport terms and in accordance with the London Plan. Response to consultation 26 The application was advertised as a departure to the development plan, with notices placed on site and in the press notices. Consultation letters were sent to occupiers of adjoining and surrounding properties. 27 A total of eight responses were received as a result of the consultation process, with concerns raised in relation to the following: Size of development is inappropriate for surrounding area and represents overdevelopment of site. It would overshadow surrounding buildings. Cumulative traffic impact from this and other surrounding sites. Impact upon surrounding streets from parking, as the site is not in a controlled parking zone. page 5

6 There are no colleges or universities located near to the site, so it is questioned as to why there are so many rooms proposed. The Park Royal area is intended to encourage industrial not residential development. Introduction of this number of students, coupled with other schemes in area will impact upon local amenities such as doctors, dentists and shops. The community room should be offered to local residents at a peppercorn rent. Redevelopment of the site is welcomed but there should be an assurance that it is for use by post-graduate students and not as a hostel. The scheme needs to utilise its canal side location and provide more landscaped and open spaces. 28 Matters relating to local amenities, overshadowing and residential amenity are not in this instance strategic planning matters and have been assessed by Ealing Council in the committee report. In relation to the objections raised by local residents in relation to the principle of the use, student accommodation, community facilities, design, and traffic impact, these matters have been dealt with in this and the previous report. 29 Other statutory consultees responded as follows: Environment Agency: Decontamination of the site would be necessary, and a condition requiring this should be secured (the Council has included such a condition). British Waterways: Supports the principle of development but it is considered that the development has not made the most of its potential for an enhanced waterside environment. The design of the ground floor canal frontage elevation should open out on to the waterside. Heating and cooling from the canal should be considered and other conditions should be imposed in relation to surveying, details of landscaping, lighting and CCTV (the Council has included conditions and informatives in this respect, together with a contribution towards environmental improvements along the canalside). Natural England: Further consideration should be given to the ecological value of the site and its potential to support protected species (the Council has included a condition requiring a site survey prior to demolition and the implementation of any necessary mitigation measures). Ealing Primary Care Trust: Requests a contribution towards healthcare services required by the additional population (the Council has required a section 106 contribution to this effect). Hammersmith and Fulham Council: No objections raised. Brent Council: No comments received. 30 A number of other consultees, from which no response was received, include Thames Water, Inland Waterways Association, London Wildlife Trust, London Canals Committee, London Ecology Unit, London Fire Brigade, British Gas, Ealing Civic Society, Southern Electricity, and London Development Agency. page 6

7 Legal considerations 31 Under the arrangements set out in Article 5 of the Town and Country Planning (Mayor of London) Order 2008 the Mayor has the power under Article 6 to direct the local planning authority to refuse permission for a planning application referred to him under Article 4 of the Order. The Mayor may also leave the decision to the local authority. In directing refusal the Mayor must have regard to the matters set out in Article 6(2) of the Order, including the principal purposes of the Greater London Authority, the effect on health and sustainable development, national policies and international obligations, regional planning guidance, and the use of the River Thames. The Mayor may direct refusal if he considers that to grant permission would be contrary to good strategic planning in Greater London. If he decides to direct refusal, the Mayor must set out his reasons, and the local planning authority must issue these with the refusal notice.. Financial considerations 32 Should the Mayor direct refusal, he would be the principal party at any subsequent appeal hearing or public inquiry. Government guidance in Circular 03/2009 ( Costs Awards in Appeals and Other Planning Proceedings ) emphasises that parties usually pay their own expenses arising from an appeal. 33 Following an inquiry caused by a direction to refuse, costs may be awarded against the Mayor if he has either directed refusal unreasonably; handled a referral from a planning authority unreasonably; or behaved unreasonably during the appeal. A major factor in deciding whether the Mayor has acted unreasonably will be the extent to which he has taken account of established planning policy. Conclusion 34 Having regard to the details of the application, the matters set out in Ealing Council s committee report and its draft decision notice, on balance, this scheme is acceptable in strategic planning terms. Further information has been provided, which together with conditions and planning obligations imposed by the Council, address all the outstanding issues that were raised at Stage 1. On this basis, there are no sound reasons for the Mayor to intervene in this particular case. for further information, contact Planning Decisions Unit: Colin Wilson, Senior Manager Planning Decisions colin.wilson@london.gov.uk Justin Carr, Strategic Planning Manager (Development Decisions) justin.carr@london.gov.uk Samantha Wells, Case Officer samantha.wells@london.gov.uk page 7

8 planning report PDU/2096b/01 14 July 2010 Nash House in the London Borough of Ealing planning application no. P/2010/2215 Strategic planning application stage 1 referral (new powers) Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal The application proposes the demolition of the existing office building and the construction of a new part 6, part 8-storey, mixed-used building. This new buildings is comprised of 2,953 sq.m. of business space; 462 sq.m. of retail space; 190 sq.m. of flexible office / community space; 323 student rooms; 26 car parking spaces and 275 cycle parking spaces. The applicant The applicant is BNB Developments Ltd, and the architect is Tate Hindle Architects. Strategic issues The application raises a number of strategic planning policy concerns that will need to be addressed before this application can be favourably presented to the Mayor. In particular, the site is designated as Strategic Industrial Land and as such the proposed mix of uses are not acceptable. In addition, there are a number of other strategic planning concerns relating to the arrangements and legal agreement for the student accommodation, the design and access of the building and the canal side space, the energy strategy, the transport strategy and noise impacts. Recommendation That Ealing Council be advised that the application does not comply with the London Plan, for the reasons set out in paragraph 76 of this report; but that the possible remedies set out in paragraph 78 of this report could address these deficiencies. The application does not need to be referred back to the Mayor if Ealing Council resolves to refuse permission, but it must be referred back if Ealing Council resolves to grant permission. Context 1 On 15 June 2010 the Mayor of London received documents from Ealing Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008 page 1

9 the Mayor has until 21 July 2010 to provide the Council with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. The Mayor may also provide other comments. This report sets out information for the Mayor s use in deciding what decision to make. 2 The application is referable under Category 3E of the Schedule to the Order 2008: Development which does not accord with one or more provisions of the development plan in force in the area in which the application site is situated; and comprises or includes the provision of more than 2,500 square metres of floorspace for a use falling within any of the following classes in the Use Classes Order (i) class A1 (retail); (ii) class A2 (financial and professional); (iii) class A3 (food and drink); (iv) class A4 (drinking establishments); (v) class A5 (hot food takeaways); (vi) class B1 (business); (vii) class B2 (general industrial); (viii) class B8 (storage and distribution); (ix) class C1 (hotels); (x) class C2 (residential institutions); (xi) class D1 (non-residential institutions); (xii) class D2 (assembly and leisure). 3 Once Ealing Council has resolved to determine the application, it is required to refer it back to the Mayor for his decision, as to whether to direct refusal; or allow the Council to determine it itself, unless otherwise advised. In this instance if Ealing Council resolves to refuse permission it need not refer the application back to the Mayor. 4 The Mayor of London s statement on this case will be made available on the GLA website Site description 5 The site is 0.47 hectares in size and is located at the junction of Old Oak Lane, Victoria Road and Atlas Road. The site currently houses an 8-storey, 1960 s office building that is set back from the road edge and surrounded by a surface level car park. The office building has been vacant for several years and has now fallen into a state of disrepair. 6 The surrounding area is predominately Strategic Industrial Land and land for transport functions. However, there is a scattering of residential uses along Old Oak Lane and Victoria Road, primarily located between Willesden Junction station (approximately 600 metres to the north) and North Acton station (approximately 1 kilometre to the south). The Grand Union Canal borders the application site to the north and a bus depot and warehouses are located to the west. 7 The site is located at the north-east corner of Atlas Road and the A4000 Old Oak Lane. The site is approximately 1.5 kilometres to the north of the nearest Transport for London Road Network (TLRN), the A40 Western Avenue and 0.5 kilometres to the south of the nearest Strategic Road Network, the A404. There are six bus routes serving the area. The nearest bus route is the page 2

10 266, adjacent the site. The nearest rail/underground station is Willesden Junction station, approximately 580-metres to the north of the site. The site has a public transport accessibility level of 4, on a scale of 1 to 6 where 6 is the most accessible. Details of the proposal 8 This is an outline application with all matters, other than access, reserved for future consideration. The applicant proposes the demolition of the existing office building and the full redevelopment of the site to provide a new mixed-use building. The application proposes the following uses: 2,953 sq.m. of business space (office, research and development, light industry) 462 sq.m. of retail floorspace 190 sq.m. of flexible employment / community space 323 student rooms 26 car parking spaces (23 office / 3 retail / 4 blue badge bays) 275 cycle spaces (including 25 public spaces) 9 The proposed building is arranged as a linear building running parallel to Old Oak Lane. The building is part 6 and part 8 storeys. The ground and first floors contain the retail, community and business space, with the student accommodation located on the upper floors. Case history 10 An application for this site was reviewed by the former Mayor in February That application proposed the demolition of the existing office building and the construction of a new mixed-use building comprised of part 1, 2, 3, 4 and 9 storey building; with 500 sq.m. of retail floorspace; 1,200 sq.m. of office floorspace and 380 student rooms. 11 The former Mayor wrote to Ealing Council on 22 February 2008 indicating that the proposed land uses were not compatible with the sites Strategic Industrial Land designation. That application was subsequently withdrawn by the applicant. 12 A pre-application meeting was held with the applicant on 9 December 2009 for this current application. The meeting was between the applicant and officers at the Greater London Authority. The applicant requested that no pre-application note be issued. Strategic planning issues and relevant policies and guidance 13 The relevant issues and corresponding policies are as follows: Land use principle Urban design Access Energy and climate change Transport London Plan; PPS4; Industrial Capacity SPG London Plan; PPS1 London Plan; PPS1; Accessible London: achieving an inclusive environment SPG; Planning and Access for Disabled People: a good practice guide (ODPM) London Plan; PPS1, PPS1 supplement; PPS3; PPG13; PPS22; draft PPS Planning for a Low Carbon Future in a Changing Climate; the Mayor s Energy Strategy; Mayor s draft Climate Change Mitigation and Adaptation Strategies; Mayor s draft Water Strategy; Sustainable Design and Construction SPG London Plan; the Mayor s Transport Strategy; PPG13; page 3

11 14 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is the Ealing Council 2004 UDP and the London Plan (Consolidated with Alterations since 2004). 15 The following is/are also (a) relevant material consideration(s): The draft replacement London Plan, published in October 2009 for consultation. The Ealing Council issues and options Core Strategy The draft Park Royal Opportunity Area Planning Framework. Land use principle 16 In reviewing the appropriateness of this application, there are a number of strategic land use issues that must be taken into account. Strategic Industrial Land 17 London Plan Policy 3B.4 Industrial Locations states that: With strategic partners, the Mayor will promote, manage and where necessary protect the varied industrial offer of the Strategic Industrial Locations (SIL), set out in Annex 2 as London s strategic reservoir of industrial capacity. 18 Paragraph 5.14 of the London Plan SPG on Industrial Capacity (2007) states that attempts to realise hope value through proposals for unacceptable alternative development of SILs will be strongly resisted. 19 Further to this, the Industrial Capacity SPG requests that boroughs and other partners: resist the development of non-industrial uses within the SIL other than as part of a strategically coordinated process of consolidation, except where they provide local, small scale, walk to services for industrial occupiers. 20 Draft replacement London Plan (2009) policy 2.17 reiterates the need to protect SIL and goes on to note that development on SIL should be resisted unless the proposed use is: compatible with SIL land use designation is part of a consolidated process of SIL consolidation is for employment floorspace to meet indentified Small Medium Enterprise need or is for a small walk to local service 21 The site is located on the western edge of the Park Royal Opportunity Area as identified in London Plan policy 2A.5. A draft planning framework is currently being prepared for Park Royal. The framework seeks the continued retention of the SIL land use designation for this site, which is based on a detailed industrial land and employment review for the area. 22 The site is identified as a Major Employment Site within Ealing Council s adopted 2004 UDP. The Council is currently at an early stage in the process of preparing its Core Strategy and at this stage is not proposing the release of this site from its SIL designation. 23 This application proposes some small-scale walk to retail and community space and a larger area of business floorspace, which are acceptable in strategic planning policy terms. However, the applicant should provide further information on the proposed community space: what will the space be used for how will it be secured for community purposes page 4

12 who will manage the space how will it be held and retained as a community space Site specific industrial capacity 24 The proposed student accommodation does not comply with existing or emerging London Plan land use policy. However, there are a number of site specifics that need to be considered in more detail. London Plan Industrial Capacity Supplementary Planning Guidance sets out a range of economic and land use criteria to inform the consideration of industrial land release (paragraphs ) and two demand based criteria (paragraph 4.13). The site is part of a wider area of SIL land, which provides land for existing industrial demand. The site is also well located in relation to the strategic road network and the canal, thereby providing access to the transport network. The site is considered to be in an area of strong demand for industrial and business demand. The release of such sites should only be considered where they have been vacant for a considerable period of time (normally up to five years in areas of generally strong demand), without realistic prospect of industrial re-use. To address this concern the applicant should confirm how long the site has been vacant and provide evidence of this. In addition, the applicant must also demonstrate that the site has been adequately marketed through a commercial agent at a price that reflects market value for industrial uses for a reasonable period (normally up to five years in areas of generally strong demand). The applicant has indicated that the site has been marketed for five years, but evidence of this marketing should be provided. The applicant has demonstrated that there is not a sufficient market demand to warrant the refurbishment of the existing office building as the existing building would not sufficiently meet contemporary office specifications, which is accepted. The applicant has stated that there are transport constraints on site, which limit the ability to accommodate larger vehicles that are required by larger warehouse building. This therefore reduces the opportunity of this site to accommodate larger warehouses. This is addressed in further detail in the transport section below. 25 To justify the proposed uses the applicant has submitted a detailed financial appraisal, which states that it is not financially viable to redevelop this site completely with SIL compatible land uses and that a quantum of enabling development (i.e. 328 student units) is required. Given the complexity of this appraisal and the types of uses involved, it is strongly recommended that an independent appraisal be carried out, at expense to the applicant, to review the submitted financial information. A review of the financial information will allow the Mayor and Ealing Council to make a more informed decision. Student accommodation 26 The London Plan recognises in paragraph 3.39 that the provision of purpose-built student housing adds to the overall supply of housing and may reduce pressure on the existing supply of market and affordable housing, and paragraph 3.53 states that where a proposal for development relates solely to student housing, it will not normally be appropriate to apply a planning obligation for an element of social rent or intermediate housing. Paragraph 3.69 of the Plan states that shared accommodation or houses in multiple occupation often provide housing for people unable to gain access to social rented housing or to afford market home ownership or rents, and where such accommodation is of a reasonable standard, its provision helps contribute to meeting housing demand and should be encouraged. page 5

13 27 London Plan policy 3A.25 on Higher and further education states that the Mayor will and boroughs should work with the London Development Agency and the higher and further education sectors to ensure that the needs of the education sectors are addressed in Development Plan Documents, and that this will include supporting the provision of student accommodation. 28 The draft replacement London Plan (2009) policy 3.8G states that strategic and local requirements for student housing meeting a demonstrable need are to be addressed by working closely with higher and further education agencies and without compromising capacity for conventional homes. 29 At a strategic level there has been a notable increase in applications for student accommodation in recent times. This raises concern that the impact of an increased amount of student accommodation being built in London is not being considered in a holistic way. The draft replacement London Plan (2009) emphasises a need to change the provision of student accommodation to an approach that more carefully considers both supply and demand, together with a more dispersed distribution and different forms of provision. Whilst it is acknowledged that there is capacity for upwards of 17,000 student places, addressing these demands should not compromise capacity to meet the need for conventional dwellings, especially affordable family homes, or undermine policy to secure mixed and balanced communities. 30 Paragraph 3.45 of the draft replacement London Plan (2009) states that Unless student accommodation is secured through a planning agreement for occupation by members of specified educational institutions for the predominant part of the year, it will normally be subject to the requirements of affordable housing policy (policies ). The applicant is required to address this London Plan policy requirement and further discussion is required as to the end occupier of the student accommodation. 31 The applicant should also confirm the management and access arrangements for the student accommodation, including servicing for student move in and move out days. Urban design 32 Good design is central to all objectives of the London Plan and is specifically promoted by the policies contained within Chapter 4B which address both general design principles and specific design issues. London Plan Policy 4B.1 sets out a series of overarching design principles for development in London. Other design polices in this chapter and elsewhere in the London Plan include specific design requirements relating to maximising the potential of sites, the quality of new housing provision, tall and large-scale buildings, built heritage, views, and the Blue Ribbon Network. Building form and height 33 The applicant proposes the demolition of the existing 8-storey, 1960 s office building and the construction of a new part 6, part 8 storey contemporary, mixed-use building. The applicant has satisfactorily demonstrated that there is no opportunity to retain or re-use the existing office building. The proposed demolition of the existing building and the redevelopment of the site with a contemporary design is broadly acceptable. 34 The proposed building is a linear building that runs parallel to the road. The proposed design places the new building line closer to the road than the existing building, which is set back within the site. The new building arrangement improves the definition of the street, but also results in a new building of considerable presence along Old Oak Lane. page 6

14 Image 1: Taken from Design and Access statement. View looking north towards Nash House. 35 The existing office building is 8-storeys in height and the new building is between 6 and 8- storeys. These heights are comparable; however, the new building is considerably larger in form than the existing building and will have a greater visual impact on the surrounding area. To reduce the overall bulk of the building, the applicant has broken the building down into three elements, which does help to reduce the overall feeling of scale, particularly when viewed from the south of the site. 36 The applicant has provided sketch s of the new building from the north and south along Old Oak Lane. However, the information is limited. There is a concern that, for a scheme of this scale, an outline planning application does not provide sufficient detail as to the visual impact of this building on the surrounding area. 37 The Mayor would not be involved in any reserved matters applications for this scheme and further design detail should be provided to allow the Mayor make a more informed decision as to the design of this building at this stage. In particular, additional detail and images would be beneficial in providing a more accurate understanding of the impacts of this building on the surrounding area, in particular the impacts on more sensitive residential units across Old Oak Lane. Building arrangement 38 The retail, community space and entrance to the business space are located on the ground floor along Old Oak Lane. Locating these uses and entrances on the street will help create a more active edge along the street, thereby improving overlooking and helping to create a livelier place. However, it should be noted that Old Oak Lane is an area characterised by industrial and business space. The existing street is a busy transport road and the ground floor treatment of this building will have only a limited positive impact on Old Oak Lane. 39 The canal is located on the northern edge of the site. The applicant has provided a new step access to the canal, which will improve access and is welcomed. However, there is a concern that the arrangement of the community space and the conference centre do not take best advantage of the canal. London Plan policy 4C.20 requires developments adjacent to canals to page 7

15 respect the particular character of the canal and London Plan policy requires development to promote access to the canal side. There is insufficient indication and detail about landscaping and assess to the canal. It is recommended that these spaces should be provided with improved and direct access to the canal edge so as to ensure increased usage of the canal edge. In addition, the applicant should provide further detailed design on the treatment and landscaping of the canal edge and access to it. 40 London Plan policy 4C.12 promotes facilities for using and enjoying the waterways. The application should provide evidence of liaison with British Waterways about exploring potential need, feasibility and viability of such facilities in this location, in particular as the development is in an Opportunity Area. This could include opportunities encouraging the use of the canal and tow path as well as the use of the community room to support water-based recreation activities. Student accommodation 41 The surrounding area is comprised largely of industrial and business space with some small scale areas of residential. Immediately west of the site is a bus depot and numerous warehouses. There is a concern that these uses could have a negative noise impact on the internal quality of the student accommodation and may result in the rooms having to have permanently closed windows. The applicant has provided a noise assessment and this is currently being reviewed by officers at the Greater London Authority and a further discussion on this issue will be required. 42 The student rooms are an average size of 18 sq.m. for standard rooms and 25 sq.m. for wheelchair accessible rooms. The rooms are sufficiently large to accommodate a range of uses and are acceptable. Also, the building is orientated east / west so none of the rooms will be single aspect north facing. However, the applicant should explain if the rooms are provided with openable windows and if not, how these rooms would be cooled. 43 The surrounding area is largely devoid of external amenity space. The applicant has proposed to make improvements to the landscaping and access to the canal edge and has indicated that this space could be used by residents, which is welcomed. However, further detail on the landscaping, management and access to this space should be provided. In addition, further discussion is required as to how improvements to the canal edge would be secured via this application. 44 In addition to the canal side space, the building itself includes two dedicated roof terrace amenity spaces for residents, which are located on the fifth and sixth floors. The applicant should confirm the size of these amenity spaces. Whilst these two spaces are welcomed, the proposed spaces are small for a scheme with 323 student rooms. The applicant should seek to provide additional student amenity space within the building. Access 45 Educational establishments have a duty under the Disability Discrimination Act 2005 to ensure that their facilities and services are accessible for disabled students. There is currently a shortage of wheelchair accessible homes in London, and one of the biggest barriers to disabled students being able to live and study in London is access to suitable accommodation. In the context of ensuring equal life chances for all, meeting the needs and expanding opportunities for all Londoners and promoting social inclusion, the ability to accommodate disabled students should be fully integrated into any student housing development. 46 At an absolute minimum, the development must meet the requirements of the Building Regulations (Part M), which the applicant has provided a commitment to, which is acceptable. For London Plan purposes, specifically draft replacement London Plan 3.8 as a form of residential page 8

16 development of the student flats should meet Lifetime Homes standards and ten per cent should be wheelchair accessible. 47 The application includes 22 wheelchair accessible rooms, which equates to 7% of the total number of rooms. This variation should be justified with evidence from the University occupier. 48 The applicant should also include measures to assist orientation and way-finding within the building, and ideally two lifts should be provided in each core in order to ensure that stair-free access can be maintained in the event of breakdown or periods of maintenance. 49 The application includes four dedicated blue badge car parking spaces, three of which are earmarked for the office space and one for the retail, which is acceptable. However, the application does not include any blue badge parking for the student accommodation, which is unacceptable. To ensure the provision of fully accessible student rooms, the applicant should provide 3 blue badge accessible car parking for the student accommodation. 50 The applicant should provide a management access plan setting out how they propose to manage the occupation and allocation of wheelchair units. This plan should be secured by an appropriate planning condition. Energy and climate change 51 The London Plan climate change policies as set out in chapter 4A collectively require developments to make the fullest contribution to tackling climate change by minimising carbon dioxide emissions, adopting sustainable design and construction measures, prioritising decentralised energy supply, and incorporating renewable energy technologies with a target of 20% carbon reductions from on-site renewable energy. The policies set out ways in which developers must address mitigation of and adaptation to the effects of climate change. Policies 4A.2 to 4A.8 of the London Plan focus on how to mitigate climate change, and the carbon dioxide reduction targets that are necessary across London to achieve this. Baseline carbon dioxide emissions (policy 4A.4 of London Plan) 52 The carbon dioxide emissions for this scheme have been estimated using benchmarks based on similar buildings to be 399 tonnes of carbon dioxide per annum. The applicant should confirm that these benchmarks are based on 2006 Part L compliant building. Providing the benchmarks are based on a 2006 Part L compliant building, given the outline nature of this application, this approach will be accepted in the case. The applicant should confirm that the estimate is on a whole energy basis i.e. both regulated and unregulated emissions have been taken into account. Energy efficiency standards (Policy 4A.3 of the London Plan) 53 The applicant indicates that both air permeability and u-vales will exceed the building regulations minimum requirements, which is acceptable. However the applicant should commit to a wider range of passive and active demand reduction measures. The applicant should clearly identify the extent to which 2006 Building Regulations are exceeded through the use of these demand reduction measures. 54 The applicant should also provide an indication of the carbon dioxide savings relative to a 2010 Part L compliant building at each stage of the energy hierarchy, where possible. District heating (policies 4A.5 and 4A.6 of the London Plan) page 9

17 55 The applicant states that there are no existing or planned district heating networks in the vicinity of the proposed development, which is acceptable. The applicant should ensure that the development is compatible for connection with future district heating networks, should these become available. 56 It is not clear from the information provided that all uses within the building would be supplied from a site wide district heating. The applicant should confirm that all heat uses on the development would be supplied by site wide district heating, supplied with heat from a single energy centre. Further details should be provided, including a schematic showing the route of the heat network and the floor area of the proposed energy centre. Combined Heat and Power (Policy 4A.6) 57 The applicant is proposing the installation a 52 kilowatt combined heat and power (CHP) sized to meet a proportion of the domestic hot water heat load. This is estimated to reduce carbon emissions by approximately 19%. The applicant has provided a load profile to support the sizing of the CHP. While this indicates that there is sufficient heat load to support a larger size CHP installing, this would result in more electricity being generated than can be used on the development. Given the limited potential for exporting power from CHP installations of this scale, the proposed size is accepted in this case. A clear commitment to installing CHP of the stated size should be provided. Cooling (Policies 4A.6 of the London Plan) 58 The applicant has not provided any information on cooling. More information on how the need for active cooling in the development will be avoided should be presented. This should include information on how the risk of overheating will be minimised through passive design measures, especially for the student rooms. Renewable energy technologies (policy 4A.7) 59 The applicant has shortlisted the use of a 350 sq.m. of thermal array and a 150 kilowatt closed loop heat pump for further consideration. These measures would contribute to a carbon dioxide reduction of 25.6 tonnes (6%) and 31 tonnes (8%) respectively. 60 The use of solar thermal is incompatible with CHP as this system would compete for the same base heat load, as such this option should be discounted. The applicant should provide further information on how the ground source heat pump would work with the other proposed heating/cooling technologies. 61 The applicant should re-consider the use of photovoltaic panels. Drawings showing the amount of roof that is available within the development and that could be used to install photovoltaic modules with suitable orientation and free of shading and an estimate of the electricity that the photovoltaic modules may generate should be provided. Climate change measures 62 In line with London plan policies 4A.14 and 4A.16, the applicant has indicated that the scheme would include some sustainable urban drainage and water reduction techniques including: low water taps and showers and rain water harvesting. However, the applicant has not provided any detail and has not committed to the provision of these measures. These measures should be secured by an appropriate planning condition. page 10

18 63 In line with London Plan 4A.11 the applicant has indicated their desire to provide green and brown roofs and these measures have been set out on plan. These measures should be secured by an appropriate planning condition. Transport Trip generation 64 The Transport Statement is not considered acceptable given the scale and nature of the development. A full Transport Assessment, including full multi-modal trip rate and modal split, should be undertaken in accordance with the TfL Transport assessment best practise guidance (April 2010). This is necessary to establish the likely impact of this development on public transport infrastructure in the vicinity of the site. In addition, the Transport Statement refers to the site s previous use as B1 office space, and compares the proposed vehicular trip generation with its potential trip generation under this use. However, in line with the TfL guidance, sites which have been unoccupied for more than a year should be regarded as vacant and therefore would have no impact on the network. This additional work is required to fully understand the impact on the highway network and public transport, and bring the proposals in line with the London Plan (2008) policy 3C.2 Matching development to transport capacity and the draft revised London Plan policy 6.3 Assessing transport capacity. Car parking 65 The scheme is being promoted as a car-free development for the student element which is generally welcomed. The application does include 26 car parking spaces for the office and retail land uses, with 4 of these being allocated as blue badge parking. In addition, there is 1 space allocated to the 190 sqm community room. However, in consideration of the accessibility of the site and to be in line with policy 3C.23 Parking strategy, and the draft revised London Plan policy 6.13 Parking, a more conservative parking ratio should be imposed on these land use categories, with 5 spaces for the office element (1 space/600 sqm) and 10 spaces for the retail element (1 space/50 sqm). 66 In accordance with the draft replacement London Plan (2009) policy 6.13 Parking, there should be at least 1 disabled space for each land use category at this site, however, given that there are 323 student rooms, it is recommended that the applicant consider providing at least 3 disabled spaces solely for these residents. 67 In addition, to ensure that student parking does not overspill onto adjacent streets, it is recommended that the council introduce a controlled parking zone and promote permit free tenancy agreements, which would be in accordance with the aspirations of the Park Royal Opportunity Area Planning Framework. The electric vehicle standards in Table 6.1 Car Parking Standards of the draft replacement London Plan (2009) state there should be at least 2 active electric vehicle charging points and passive provision for a further 2 car parking spaces with a further charging point recommended for the student disabled parking. Cycle parking 68 The application proposes 250 cycle spaces for the student accommodation, with an additional 25 for the office and retail uses, which is above the draft revised London Plan Table 6.2 Cycle parking standards. Details of the cycle parking will need to be agreed and secured through condition. Travel Plan page 11

19 69 A framework travel plan has been submitted as part of this application and is welcomed. Further work is required to clarify the roles of the site-wide travel plan coordinator mentioned in the plan and the development of occupier-specific travel plans, before this can be considered to be in line with TfL s guidance on travel planning found within the London Plan (2008) policy 3C.2 Matching development to transport capacity and the draft revised London Plan policy 6.11 Smoothing traffic flow and tackling congestion. The travel plan should be secured, enforced, funded, monitored and reviewed as part of the Section 106 agreement. Construction management and servicing 70 A construction management plan and a delivery and servicing plan should be conditioned, in line with the London Plan (2008) policy 3C.25 Freight strategy and the draft revised London Plan policy 6.14 Freight. The objectives should seek to rationalise servicing with the aim to reduce the total number of trips made and to avoid critical times on the road network. Within this, a management strategy should outline how the delivery and servicing plan will be managed on a sitewide scale as well as how the potential different occupiers will work together. Canal 71 London Plan policy 4C.20 also indicates that developments close to canals should seek to maximise water transport for demolition and construction material. This potential should be further explored through this application, and a planning condition should be secured to address this concern. Conclusion 72 Significant further work is required through preparation of a full multi modal trip generation assessment to ensure that the effects of the proposed development can be assessed. Additionally, further details are required with regards the parking provision / allocation and the management of student parking during term time, with consideration of the introduction of parking controls in the area. Further work is needed to develop an acceptable and robust travel plan. Construction management and servicing and delivery plans should be secured through condition. Local planning authority s position 73 The view of the local planning authority is not known at the time of writing this report. Legal considerations 74 Under the arrangements set out in Article 4 of the Town and Country Planning (Mayor of London) Order 2008 the Mayor is required to provide the local planning authority with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. Unless notified otherwise by the Mayor, the Council must consult the Mayor again under Article 5 of the Order if it subsequently resolves to make a draft decision on the application, in order that the Mayor may decide whether to allow the draft decision to proceed unchanged or direct the Council under Article 6 of the Order to refuse the application. There is no obligation at this present stage for the Mayor to indicate his intentions regarding a possible direction, and no such decision should be inferred from the Mayor s statement and comments. Financial considerations 75 There are no financial considerations at this stage. Conclusion page 12

20 76 London Plan policies on are relevant to this application. The application complies with some of these policies but not with others, for the following reasons: Strategic Industrial Land: Student accommodation is not an appropriate land use on SIL. Student accommodation: A University should be secured as part of this application or an affordable housing contribution may be required. There is limited information on the management of the student accommodation. Community space: There is limited information on the proposed community space. Urban design: The outline application provides limited visual information to allow a detailed assessment of the visual impact of this building on the surrounding area. Further design work is required as set out in the above report. Blue ribbon: There is further potential to maximise the opportunities of the canal. Access: There is a low provision of wheelchair accessible student rooms and student blue badge car parking. Climate change: There is limited information on the provision of green roofs and sustainable urban drainage systems. Energy: There is insufficient information in the energy strategy. Transport: There is insufficient transport information submitted as part of this application. 77 On balance, the application does not comply with the London Plan. 78 The following changes might, however, remedy the above-mentioned deficiencies, and could possibly lead to the application becoming compliant with the London Plan: Strategic Industrial Land: An independent review of the submitted financial appraisaland a further discussion over the appropriateness of the proposed student accommodation and justification for the loss of SIL. Student accommodation: A University occupier should be secured as part of this application or an affordable housing contribution may be required. Also further information on the management of the student accommodation is required. Community space: Further information on the proposed community space is required. Urban design: The applicant should provide additional visuals to allow a more complete assessment of the building. The applicant should seek to increase the provision of student amenity space. A further discussion as to the noise impacts of surrounding uses on the student accommodation is also required. Blue ribbon: The applicant should improve access to the canal edge from the building and should provide further information as to the landscaping and management of the canal edge. Access: Additional wheelchair accessible student rooms are required along with additional blue badge parking for the student accommodation. Climate change: Planning conditions should be secured requiring the provision of living roofs and sustainable urban drainage techniques. Energy: The applicant is required to provide additional information on the proposed energy strategy. page 13