APPLICANT: Mr Ian Christmas - Harlowmoderngov.harlow.gov.uk/documents/s6554/YWCA - The Angle.pdf · REFERENCE: HW/FUL/15/00193 OFFICER: Mark Philpott APPLICANT: Mr Ian Christmas LOCATION:

REPORT TO DEVELOPMENT MANAGEMENT COMMITTEE 13 January 2016

REFERENCE:

HW/FUL/15/00193 OFFICER: Mark Philpott

APPLICANT:

Mr Ian Christmas

LOCATION:

Ywca Hostel - The Angle Fourth Avenue Harlow Essex CM20 1DN

PROPOSAL:

Demolition of all Existing Buildings and Construction of 69 New Residential Dwellings, Including Flats and Houses, Ranging from 3 to 13 Storeys, With Associated Car Parking and Landscaping

LOCATION PLAN:

REASON BROUGHT TO COMMITTEE: The application is considered to be of

significant public interest.

Application Site and Surroundings The site relates to a roughly triangular piece of land located to the north-west of the Fourth Avenue/Haydens Road roundabout and the town centre. The site includes ‘The Angle’, which is a vacant, L-shaped, 7 storey tower block and used to be operated as a YWCA hostel, and an adjoining 1 to 2 storey building known as ‘The Square’ which currently operates as a music venue, bar and nightclub. The Princess Alexandra Hospital complex is to the north and west, Addison Health Centre is to the east and a residential estate is to the south. The adjacent part of the hospital complex is defined as Green Wedge, as shown by the Adopted Replacement Harlow Local Plan (ARHLP) Proposals Map. None of the buildings on site are listed, nor are they located within a Conservation Area. A foot/cycleway runs along the northern/western edge of the site. Details of the Proposal The application seeks full planning permission for the demolition of the existing buildings and the provision of 69 dwellings, comprising 25 no. 1 bed-flats, 33 no. 2-bed flats and 11 no. 3-bed houses. The proposed building would have a perimeter block form which would follow the boundaries of the site and therefore would be essentially triangular in shape. There would be a courtyard in the middle at first floor level, above a podium. The building would consists of three distinct blocks, identified as A, B and C within the application. Block A would be the eastern part of the building and would reach 13 storeys in height. Block C would be the western part of the building, where it comes to a point, and up to 6 storeys in height. Block B would be located between blocks A and C and feature one 2 storey and otherwise all 3 storey houses. The proposal includes the creation of an internal private access road running between Fourth Avenue and Haydens Road and parallel with the north-western boundary. Parking would be provided on the northern side of the access road and at ground level. Landscaping would be provided around the building and within the courtyard. Amenity space would otherwise be provided by balconies or roof terraces.

RELEVANT PLANNING HISTORY: Application Reference Number: HW/PL/13/00265 Proposal: For the Refurbishment of The Angle (former YWCA) to Provide 42 Self Contained Flats. Application Status: Application Withdrawn Date Application Received: 17 July 2013 Date Application Decided: 17 September 2013 Application Reference Number: HW/PL/12/00402 Proposal: Refurbishment of The Angle (former YWCA) to Provide 42 Self Contained Flats. Application Status: Application Withdrawn

Date Application Received: 08 November 2012 Date Application Decided: 19 June 2013

CONSULTATIONS: Internal and external Consultees Harlow District Council – Consultant Arborist No objection: The proposal requires the removal of 14 trees and 3 tree groups within the site boundary. The amenity value of the trees and vegetation proposed for removal is not significant. There is limited landscape space around the building. Does not have objections concerning tree loss however to comply with policies and to ensure that retained trees can be protected the following comments are made: If T12 is to be retained within the car park layout then it is important to establish whether a no-dig construction car park is feasible. A design specification has been included at Appendix 8 of the Arboricultural Report however the area requiring special construction methods will need to be shown on both the Tree Protection Plan and the Landscape Plan. Alternatively the tree should be replaced with a semi-mature replacement. Although off-site trees are separated from the site by a foot/cycleway there is still a risk of vehicle damage to low branches from construction traffic, the edge of the development site closest to these trees will need to have a suitable barrier or site hoarding preventing vehicle ingress onto the foot/cycleway. To enable the successful establishment of new trees within the car parking areas the tree pit design and rooting environment should include the use of a load bearing crate design or an alternative system to maximise tree pit soil volumes. Information on tree and shrub species is required. There is a preference for large canopied trees as this will maximise public amenity as well as contribute more significantly to climate change adaptation. To provide important site separation and help the site integrate within the local setting a native hedge should be planted on the north-west boundary between the car park and foot/cycleway. To facilitate this and aid the successful establishment of a hedge additional landscape space should be provided along this boundary. Further landscape detail is necessary in respect of the areas next to Fourth Avenue, shrub planting is recommended as this will make a positive contribution to the landscape aspect when viewed from the public highway. Detail on tree and shrub planting for the courtyard area and additional tree planting at site frontage next to the cycle storage area should be provided. Subject to the above being addressed, no objection is raised. Recommends landscape scheme and arboricultural method statement conditions.

Essex County Council - Highways No objection: Recommends conditions relating to a construction method statement, improvements to the shared foot/cycleway, the provision of car and cycle parking, the provision of residential travel information packs and the implementation of a travel plan. Essex Police No comment received NHS - England Objection: The development is likely to have an impact on the NHS funding programme for the delivery of primary healthcare provision within the area and specifically within the health catchment of the development. NHSE would expect these impacts to be fully assessed and mitigated by way of a developer contribution secured through a Section 106 agreement. NHSE have recently carried out a review of GP services to identify capacity issues throughout Essex. This development is likely to have an impact on the services of 2 GP practices within Harlow. The practices do not have capacity for the additional growth resulting from the development. A Health Impact Assessment has been prepared by NHSE to provide the basis for a developer contribution towards capital funding to increase capacity within the GP Catchment Area. The assessment demonstrates there is a capacity deficit in the catchment practice and a developer contribution of £22,760 is required to mitigate the 'capital cost' to NHSE for the provision of additional healthcare services arising directly as a result of the development proposal. Essex County Fire & Rescue Service No objection: Access for fire service purposes will be deemed acceptable subject to satisfactory compliance with Building Regulations. Additional water supplies for fire fighting may be necessary for the development. The applicant should contact the Water Technical Officer at Service Headquarters, telephone: 01376576342 Encourages the installation of Automatic Water Suppression Systems in the development. Fire hydrant No. 70/579 shown on the enclosed plan would be suitably located to serve the proposed development. Confirmation of the number of dry-risers which are to be incorporated into the design and the exact location of their inlets needs to be provided.

Harlow District Council – Environmental Health No objection: Recommends that development proceeds in accordance with the proposal documentation with regard to surface water management, dust and noise suppression during the demolition and construction phase. Agrees with the proposals summations concerning night time lighting levels, contaminated land and air quality issues. HDC - Housing Services No comment received Essex County Council - Schools Service Objection: ECC are not seeking a contribution towards early years and childcare provision as there is sufficient provision. As a result of changes to the Community Infrastructure Levy Regulations 2010 regarding pooling of contributions, ECC does not request contributions for the provision of additional secondary school places. Does not request contributions towards school transportation given the proximity of the site to schools. The development falls in the priority admissions area of Hare Street Community Primary School and Nursey. The pupil forecasts show a significant deficit of primary school places by the school year 2018-2019. Additional provision will be needed at primary level and the development would add to the need. A primary school contribution is requested, based on the ECC Developers Guide to Infrastructure Contributions. A sum of £100,419 (index linked) would be required based on the proposed dwelling mix. Essex County Council – Place Services No comment received Harlow District Council – Cleansing And Environment No objection: The waste provision for the number of occupants and location of the bin stores is appropriate. Recommends that the area between the bin store and the collection vehicles is free of steps or trip hazards and that the canopy of trees adjacent to the road be maintained to ensure that branches cannot come into contact with the roof of the collection vehicles. Essex County Council – Sustainable Drainage Team

No comment received Princess Alexandra Hospital No comment received

Neighbours and Additional Publicity Number of Letters Sent: 108 Total Number of Representations Received: 2 Date Site Notice Expired: 5 June 2015 Date Press Notice Expired: 11 June 2015

Summary of Representations Received SquareOne Entertainment LLP, The Square, Fourth Avenue: Objection SquareOne Entertainment LLP is the tenant of The Square which is currently situated on the site and is earmarked to be demolished as part of the application. The Square is the only live music venue in Harlow. It provides a unique leisure and entertainment facility within the town, hosts music acts from local to international level, attracts people from the surrounding area and promotes a positive image of Harlow. Provide the opportunity for local schools and organisations to perform in a professional venue that is not available elsewhere in Harlow and have hosted charitable events. The loss of The Square would have a negative impact on the leisure and entertainment facilities available in Harlow and its offer would not be replaced. The landlords of The Square are also the applicants of the proposal. They have indicated that they will assist in finding The Square an alternative venue. SquareOne Entertainment LLP would support this application provided that the applicant assists in helping provide a viable alternative venue for The Square in Harlow. Request provision for an alternative venue is secured within a Section 106 agreement and that this is prioritised over other requests for obligations. If replacement facilities are not secured, then they object as the development would be contrary to ARHLP policy L3. Securing an alternate venue would also meet the objectives of ARHLP chapter 12. A potential premises has been identified which would provide an opportunity for an expanded venue that would boost employment and increase capacity which will benefit the town generally. SquareOne Entertainment LLP was established in July 2008 in the wake of ECC's plan to close The Square. It is run by local musicians and its prime focus is to keep a live music venue operating in Harlow. Whilst it is set up as a business, it operates as a Social Enterprise organisation. As the site has been under notice of various planning applications and SquareOne Entertainment LLP have been operating on short term leases, long term plans have been limited. With the possibility of new premises and a long term lease, SquareOne Entertainment LLP would look to formally become a Social Enterprise. This would create

possibilities to secure funding to enable teaching and training opportunities within the venue and build further on local relations with schools et cetera. 23 Turnors: Support Perfect plan for the building.

PLANNING POLICY: SD3: " Sequential Test" land allocation should have regard to the promotion of sustainable development; social inclusion, quality of life and wellbeing; preference given to previously developed land and existing buildings; facilitation of regeneration and there should be no loss of BAPs or damage to valuable ecology or biodiversity. H4: "House Types" new housing and conversions will be required to accommodate a range of dwelling types which reflect the housing need requirements for Harlow. H5: "Affordable Housing" on site of 15 or more dwellings or more than 0.5 of a hectare affordable housing provision will be negotiated. 33% affordable housing is the baseline for such negotiations. H6: "Affordable Housing" on sites where there is no RSL involved in the management of affordable housing, planning obligations will be used to secure successive occupants. H7: "Special Needs Housing" all new developments will be required to take account of the needs of those with disabilities and special needs. H13: "Existing Housing Areas" permission will be granted for demolition of satisfactory residential accommodation, change of use of buildings or land in residential use, or allocated for residential development if: the proposal facilitates the development of additional housing or redevelopment at a higher density except where the development proposals facilitates regeneration; the change of use is necessary to secure the preservation of a listed building; the existing building is unfit or sub-standard and cannot be economically improved and brought into housing use; the proposal is for essential public open space; the development provides essential new public amenities. T4:"Green Commuter Plans" a green commuter plan will be required where an application: generates 30+ staff employments; 10+ additional parking spaces; extensions to existing premises where 10+ additional staff generated results in 30+ staff being employed; other instances where the location and/or nature of the development are particularly sensitive. T6:"Cycling and Walking" new developments, including re-developments, changes of use and town centre and transport interchange improvements will be required to provide: safe, direct cycleways within the development; appropriate contributions to improve and develop cycleways serving the development; links to the existing cycleway network; safe, secure and convenient cycle storage; other facilities for cyclists as appropriate. T8:"Passenger Transport" provision of adequate public transport access and facilities will be secured at major developments. These shall be provided at an early stage of the development process, or as identified via a TIA. T9:"Vehicle Parking" parking shall be provided in accordance with the adopted vehicle parking standards. Justification is required for the amount of car parking proposed on an operational need and, if applicable, a Green Commuter Plan.

L2:"Open Space and Playgrounds/Play Areas" for new development the following provisions will be sought: on residential developments of more than 10 dwellings, public open space and inclusive playgrounds/play areas are required to be provided; off site contributions may be considered where it is not possible to provide it on site due to the circumstances of the development, or if there are particular deficiencies in the surrounding area; open spaces/playgrounds should be offered for adoption to the Council, with an agreed maintenance contribution. L3:"Recreational, Leisure and Sports Facilities" where a loss is proposed, permission will only be granted if: it can be demonstrated that the facility if surplus to requirement and an alternative facility is not required; such a development will be ancillary or support and/or enhance the facility; the whole or part of the facility cannot be used to redress deficiency of other leisure provision within the locality; or suitable replacement facilities are provided elsewhere. L13:"Public Rights of Way" the existing network will be safeguarded. New footpaths, bridleways and cycleways will be required as part of new developments and will need to link with existing routes to provide better access to the countryside and wider areas of woodland within the Town and beyond. The highest standard of design, accessibility and personal safety. L15:"Arts, Culture and Entertainment" public art through "percentage for art" and other schemes will be expected to be provided as part of development. NE1:"Green Wedge" will be protected from inappropriate development. Permission will be granted, for small scale development proposals or replacement buildings that do not have an adverse effect on the roles of the Green Wedge. NE11:"Trees and Hedgerows" in considering applications for development affecting trees or hedges the following may be required: a survey of the site and trees and hedges concerned; oppose the loss of trees and hedgerows of amenity value and wildlife importance; serve TPO's to protect trees with public amenity value; may impose conditions to ensure the retention or replacement of trees and hedgerows of amenity value or wildlife importance and their protection during construction. NE12:"Landscaping" major developments shall be accompanied by details of landscaping features and wildlife habitats and suitable landscaping schemes to mitigate against any impact, along with new landscaping. NE20:"Protected and Rare Species" applications should be supported by appropriate surveys. Permission will not be granted which will have an adverse impact on species protected by Schedules 1, 5 or 8 of the Wildlife and Countryside Act 1981, the Protection of Badgers Act 1992, the Habitats Regulations 1994 and other rare species, unless it can be demonstrated that the need outweighs the need to safeguard the specie(s). BE1:"Character and Identity" new and extended buildings should relate to their setting to strengthen, enhance, protect or create local character. Permission will be granted for new development providing: it is well connected to and integrated with the wider settlement; the height massing, layout, appearance and landscape makes an appropriate visual relationship with that of the form, grain, scale, materials and details of the surrounding area; building design is specific to the site and its context; it enhances the character, image and perception of the area when highly visible.

BE2:"Quality, Legibility and Public Realm" permission for major new development will be granted when: new buildings are designed as part of a group creating a sense of enclosure; public spaces should relate to the scale, appearance, location and function of the buildings around it; layout of buildings, routes and spaces are clearly related; fronts of buildings provide primary access and clearly define streets and public spaces; public spaces are distinguished from private areas; the ground floor encourages activity and interest that is appropriate to the location and character of the area; pedestrian, cycling and, horse riding routes are shown on the development layout and link to the existing network. BE3:"Sustainable Development" development on previously developed land at a higher density than that existing will be supported providing; it is accessible by public transport or is in a sustainable location relative to proximity to supporting services and/or employment sites; does not result in over development; is compatible with the character of the area and urban design policies and guidance. BE4:"Accessibility" permission will be granted providing provision has been made to achieve accessibility for disable people, including accessibility to any public or private open space that serves the development. BE5:"Crime Prevention and Personal Safety" proposals should demonstrate how the potential for preventing crime has been satisfactorily addressed through the design, layout and landscaping. These should be integral to the design. BE14:"Archaeology" proposals that affect a site where archaeological remains exist will only be determined after an archaeological field evaluation has been undertaken. BE15:"Contaminated Land" permission will not be granted for developments on or affected by ground that is known to be contaminated until fully investigated. BE17:"Noise Pollution" permission will be granted if noise sensitive developments are located away from existing noise sources and potentially noisy development are located in areas where noise will not be such a consideration, or adequate provision has been made to mitigate the adverse effects of noise likely to be generated and experienced by others. ER13:"Education, Training and Childcare" for new or expanding employment generating uses, provision through planning obligations will be sought for: employment of local people; work related training provision; education opportunities and affordable childcare. CP1:"Community" major new housing development should set aside land and make financial contributions for the provision of associated community facilities such as schools, community centres, health centres and churches. These facilities should be sited in local centres or other sustainable locations. CP2:"Community" where new development generates the need for additional infrastructure provision or community facilities, planning permission will only be granted where contributions that are reasonably related in scale and nature to the proposed development are secured through a legal agreement. Contributions will be sought for: on site facilities to need the needs of new residents; and/or where on site is not possible consideration to off site provision. CP6:"Community" proposals involving the loss of an existing community facility will be required to replace that facility, unless it can be shown that: no replacement is required; suitable alternative facilities can be provided in the locality; or an appropriate commuted sum can be agreed.

CP12:"Public Utilities" development that will be at risk of flooding, or will contribute to flood risk or has an adverse impact on the river corridor will be resisted. IMP1:"Planning Obligations" permission will only be granted for any development if the provision is secured for related infrastructure, services, facilities and environmental protection which are fairly and reasonably related to the scale and in kind.

PLANNING STANDARDS: National Planning Policy Framework 2012- sets out the Government’s key economic, social and environmental objectives and the planning policies to deliver them. These policies will provide local communities with the tools they need to energise their local economies, meet housing needs, plan for a low-carbon future and protect the environmental and cultural landscapes that they value. It seeks to free communities from unnecessarily prescriptive central government policies, empowering local councils to deliver innovative solutions that work for their local area.

Supplementary Planning Documents/Current Planning Guidance Harlow Design Guide (2011) Open Spaces, Sport and Recreation SPD (2007) Affordable Housing SPD (2007) The Essex Parking Standards: Design and Good Practice (2009) Essex County Council’s Adopted Development Management Policies (2011) Essex County Council’s Developers’ Guide to Infrastructure Contributions (2010) Essex Street Materials Guide (2012) National Planning Policy Guidance (PPG) (2014)

PLANNING ASSESSMENT: The key issues for consideration are: the principle of development; the layout and design and the impact on the character and appearance of the area; landscaping; neighbouring amenity; access, parking and highway safety; and environmental considerations. Extensive pre-application discussion occurred between the Local Planning Authority and the applicant between autumn 2014 and the submission of the application. The initial pre-application proposal was altered significantly to address comments made by the Local Planning Authority prior to the submission of the application.

Summary of Main Issues Principle of Development National policies and the Development Plan are supportive of new residential development. The Core Planning Principles and Section 7 of the National Planning Policy Framework (NPPF) support development which increases housing supply and encourages the use of brownfield sites. By way of outlining the direction of national planning policy, the Department for Communities and Local Government consultation document of January 2015 set out that by 2020, 90% of vacant brownfield sites should have planning consent for housing. The application proposes 69 dwellings on brownfield land. The Angle is a disused residential building which is highly prominent, located near the town centre and dilapidated. A proposal which results in the redevelopment of the site would have a significant positive impact on the

appearance, vitality and perception of the centre of Harlow. This is an important material consideration. ARHLP policy H13 is supportive of the demolition of residential accommodation subject to one of six criteria being met. The proposal would facilitate the development of additional housing and regeneration, such that one the criteria and therefore ARHLP policy H13 would be satisfied. ARHLP policy L3 requires any loss of ‘recreational, leisure or sport facility’ to be replaced unless it is demonstrated that it is not required and policy CP6 requires any loss of an ‘existing community facility’ to be replaced unless not required. A representation has been received from the tenant of The Square, who describes The Square as a ‘leisure and entertainment facility’ and objects to the application unless replacement facilities are secured by the applicant via a legal agreement. The representee purports that the proposal would otherwise conflict with ARHLP policy L3. The Square is considered to be a commercial, licensed ‘pay to enter’ venue which operates as a private financial enterprise. It is not a social enterprise; this has been established by the representation. It is not thought that the replacement of The Square should be considered a policy requirement, however, this is still a material consideration and The Square is considered to be an asset to Harlow and its replacement is encouraged. The applicant acknowledges the benefits of The Square and has provided a position statement highlighting their commitment to help find an alternate venue. Harlow Council has also been involved in the relocation effort. The application is supported in principle, subject to the following considerations. Layout and Design The proposed layout and design of the development has been influenced by the approximately triangular shape of the site and the name of ‘The Angle’ building. The details within the application, particularly section 3.0 of the Design and Access Statement, show how the design has evolved having regard to the characteristics of the site and wider area. The development has been designed to create a landmark building with sculptural qualities. The site is located adjacent to a roundabout and two well used roads which are considered to form a key gateway to the town centre. Given the shape of the site and its gateway location, the proposed design approach of creating a landmark building with sculptural qualities is considered to be appropriate. Whilst the building as a whole would act as a landmark, there would be two distinct elements. One would be the westernmost corner part of Block C, which would feature dramatic angular balconies; the other would be the 13 storey part of Block A. Harlow is characterised as a ‘sculpture town’ and the design concept to create architecture integrated with sculptural qualities such as the angular balconies is therefore appropriate. The corner of Block C would be striking and evocative, act as a landmark and reinforce the area as a gateway to the town centre. There are a number of prominent, tall and large buildings towards the north and west of the town centre, such as Joseph Rank House (12 storeys), Edmund’s Tower (12 storeys) and Princess Alexandra Hospital (6 storeys) which are visible from the site, Fourth Avenue and Haydens Road. It is also a material consideration that there is an existing 7 storey building on site which would be reinstated without planning permission being required.

Increasing building heights towards roundabouts is an established urban design principle. The proposed building would increase in height towards the roundabout. In this location, the tallest parts of the building would be viewed in the same context as, and be compatible with, Joseph Rank House and Edmund’s Tower. The building would also act as an anchor which would help define the edge of the town centre and act as a terminus point for public views towards the roundabout, especially from Fourth Avenue to the east and Haydens Road to the south. In the context of the existing tall and large buildings in the immediate area and because the tallest parts of the site building aid legibility to the town centre, the height of the building is considered to be acceptable. Whilst the building would be tall and large, it is considered that it would not appear bulky or overdeveloped. All parts of the building would feature a large amount of windows and recessed and projecting balconies to achieve visual interest and depth to the elevations. The height of the scheme would be emphasised by the regularly and vertically positioned windows. There would be sufficient variety to the fenestration and different use of materials to provide visual interest, but enough consistent detail on the elevations to respect the modernist character of many buildings within the town centre. The position of the building enables the proposed private access road to extend along the north-western boundary. This is supported as it enables a strong and active frontage to be provided onto Fourth Avenue and Haydens Road by the building and the landscaping around the car parking would relate well the heavily landscaped character of the Green Wedge to the north and west of the site. The verdant and open character of the Green Wedge would not be prejudiced by the proposal. It is considered that the layout and design of the development would result in the creation of a prominent landmark which would be respectful of the character of Harlow and enhance a key gateway to the town centre. A condition to require details and samples of all external materials to be approved prior to development would ensure that the design of the scheme is appropriate. Landscaping The existing site features sparse landscaping, with limited tree cover. None of the trees within the site are protected by way of Tree Preservation Order and do not justify protection by imposing new Tree Preservation Orders In order to facilitate the development the removal of 14 trees and 3 tree groups would be required. The application categorises the trees as falling within ‘Category C’ or ‘Category U’ (as defined by British Standard BS5837: 2012) meaning that they have limited lifespans or amenity values. A horse chestnut tree near to the north-western boundary (shown as T12 within the Arboricultural Impact Assessment) is proposed to be retained. The Council’s consultant arborist has no objection to the removal of the trees as they are considered to be of poor condition and limited amenity value. The landscape plans submitted with the application would offset the loss of the trees. The plan for the publically visible part of the site shows 8 new trees with ground cover planting around and between the car parking spaces near the north-western site boundary, and small grassed areas to the west of the site. It is unclear whether the grassed area to the west, or the private defensible spaces to the houses in Block B, would feature paving or shrub planting. The defensible space is seen as a good opportunity to increase the prevalence of soft landscaping from the public realm and is therefore encouraged.

The landscape plan for the internal, private part of the site shows the courtyard would be mostly grassed with paving or shrub planting and seating. The defensible spaces to the houses in Block B would again feature either paving or shrub planting. As with the publically visible part of the site shrub planting would be preferable over paving. There would be space for additional planting within the courtyard. It is considered that the landscaping scheme is generally acceptable; however, amendments to the scheme should be submitted to clarify the extent of shrub planting across the site, maximise the use of the space for additional planting, and provide additional detail regarding the proposed types and sizes of trees and shrubs. The Council’s consultant arborist has a preference for large canopied trees to maximise public amenity. The amended landscape scheme should also include details of tree pits and rooting environments to increase the likelihood that new planting would endure. The scheme would also ensure that selected trees would have an acceptable relationship with the road and cycleway. The amendments should be secured via a condition. The Council’s consultant arborist questions whether the retention of the horse chestnut tree would be achievable, but has stated that a semi-mature placement would be appropriate if the tree needs to be removed. A condition to require an Arboricultural Method Statement and Tree Protection Plan to be approved by the Local Planning Authority prior to any development would be able to secure the retention of the tree or, alternatively, the landscape scheme condition would ensure that a replacement tree would be of a sufficient size and quality to offset the loss of the horse chestnut. The proposed landscaping arrangement is considered to be acceptable. Neighbour Amenity The hospital and Addison Health Centre would not be sensitive to amenity impacts arising from the development. The nearest residential dwellings would be located on the opposite side of Fourth Avenue, around 40m from the site. The separation distances would be sufficiently large that it is not considered that there would be an unacceptable adverse impact on the amenity of residential properties outside the site. Within the site the relationship between the proposed dwellings has been considered carefully. The majority of the dwellings would feature windows and private amenity spaces on the outside elevations of the building which would face outwards and oriented to prevent views of neighbouring properties. Balconies would alternate from being projected and recessed to prevent overlooking where they would be in close proximity. There are not any amenity concerns regarding the outside elevations of the building as a result. The windows on the inside (courtyard) elevations of the building would face inwards, towards neighbouring properties. Block A has been designed so that only windows to communal corridors would face towards the courtyard. Block C would feature one dwelling with windows facing inwards. Only the houses in Block B which face across the courtyard would be in close proximity to each other as a result. In order to ensure all dwellings would have appropriate levels of amenity, in terms of both privacy, noise and daylight, those houses on the southern side of the courtyard, nearer to Fourth Avenue, would benefit from an unrestricted dual aspect. The houses on the northern side of the courtyard, which would benefit from facing towards the less busy private access road, would feature obscure glazed windows facing the courtyard. This arrangement would be acceptable. A condition securing

that the windows are obscure glazed, as indicated on page 77 of the Design and Access Statement, is considered to be appropriate. The minimum size of the proposed dwellings would vary from 47sq.m for the 1-bed flats to 106.1sq.m for the 3-bed houses. These sizes would generally accord with principle DG46 of the Harlow Design Guide, which indicates suitable sizes for dwellings. All proposed properties would benefit from private amenity space by means of patios, balconies or roof terraces. Occupiers of the properties in blocks A and B would also benefit from the communal amenity space within the courtyard. Both sides of the dwellings in Block B would also feature private defensible spaces (small front gardens) at ground floor level. The size of the amenity spaces is considered to be appropriate, with larger spaces being allocated to the larger dwellings. Environmental Health has no objection to the application with regards to noise, lighting or air pollution. It is not considered that the demolition or construction of the development would have an unacceptable impact on the amenity of neighbouring properties given the separation distance between the site and residential dwellings. A construction management plan is secured via a condition to control disruption on the highway, as detailed within the Access, Parking and Highway Safety section below. Subject to conditions, the relationship between the proposed dwellings and the impact on surrounding neighbouring properties would be acceptable. Access, Parking and Highway Safety The proposed private access road is shown to be one way, with vehicular access gained from Haydens Road to the east and egress via the existing access to the south from Fourth Avenue. The road would be a shared surface for use by both vehicles and pedestrians. The Highway Authority has no objection to the proposed access, egress or the standard of the road. A transport statement has been submitted in support of the application. It concludes that as a result of the development, the ‘worst case’ increase in car borne journeys during peak hours as a result of the proposed development is likely to equate to an extra vehicle arriving or departing the site every 4-5 minutes onto the local highway network, when compared to the existing lawful use (if the building was not vacant). The increase in traffic impact is considered to be negligible and the Highway Authority has no concerns with the proposed impacts. A total of 54 parking spaces would be provided for residents and visitors. 41 spaces would be provided externally and 13 would be enclosed at ground floor level. In addition, 4 disabled spaces would be provided internally. The spaces would accord with the preferred space sizes set out within ECC Parking Standards. A total of 130 standard and visitor spaces and 3 disabled spaces are required by the Parking Standards. Enclosed cycle storage is provided for all dwellings. Blocks A and C would feature externally accessed storage rooms with ‘vertically stacked cycle storage systems’ to maximise capacity. Block B would have internally accessed, wall mounted and allocated cycle racks. A total of 86 cycle spaces would be provided for the dwellings. 10 additional spaces would be provided externally for visitors towards the west of the site. A total of 78 cycle spaces are required by the Parking Standards for both residents and visitors. The level of standard and visitors parking would equate to approximately 42% of the amount required by the Parking Standards. Disabled provision would be exceeded by 1 space. Cycle provision would be exceeded by 18 spaces.

The site is located near to the town centre and as such considered to be in a sustainable location. The site is also located adjacent to a foot/cycleway which provides access from the site to the town centre and the wider area. Given the sustainability location of the site, the constraints in terms of its shape of the land, the additional provision of cycle spaces, and the benefits of the scheme, it is considered that the proposed amount of parking provision is, on balance, acceptable. Conditions requiring the parking spaces to be marked out prior to occupation and retained for parking purposes and to provide the 96 cycle spaces are considered to be necessary. In the interests of encouraging sustainable modes of transport the Highway Authority has also recommended that travel plan and residential travel information pack conditions are imposed. Such conditions are considered to be necessary to offset the under provision of parking and ensure the arrangement is acceptable. Given the level of under provision of parking, the travel plan condition is considered to be necessary. The requested foot/cycleway improvements could be secured via a Section 106 agreement or planning condition, however, improvements are not requested due to the scheme being unviable, as discussed later in this report. Due to the busy nature of the surrounding road, the relatively constrained site location, and to limit disruption on the highway, it is considered necessary for a condition to be imposed to require a Construction Management Plan to be approved before any demolition or construction work occurs. The Design and Access Statement shows that a gate would be installed near the access, but few details have been included. In the interests of highway safety and design and appearance, a condition requiring details of any gate to be approved prior to installation is required. In response to ECC Fire & Rescues comments, a plan showing the location of dry risers has been submitted. Such matters are typically appraised at Building Control stage and there are therefore no concerns regarding firefighting. The Council’s Streetscene Manager considers the proposed waste arrangement to be acceptable. Waste collections would take place from the private road, with 5 communal bin stores located within the footprint of the building. The size of the stores would accommodate the bins required for the development and the distances between the collection vehicles and the bin stores would be appropriate. The aforementioned landscape condition would ensure that trees would no obstruct the path of the collection vehicles and that bins do not need to be wheeled down steps or kerbs. The application is considered to be acceptable with regard to access, parking and highway safety. Environmental Considerations Environmental Health has no concerns regarding surface water management. The ECC Sustainable Drainage Team has not made any comments. The site is located within area of low flood risk (Flood Risk Zone 1). Subject to permeable paving being used for hard landscaping, which would be secured by the landscaping condition, there are no concerns regarding flood risk. Environmental Health has no concerns regarding contaminated land. The site is mainly covered by buildings and hard landscaping and The Angle has been used for residential

purposes. There are no records of soil contamination and the previous/current use of the site is unlikely to have resulted in contaminants. Due to the previously developed nature of the site there are also no archaeological concerns. The Local Planning Authority must have due regard to the potential impacts of the development on protected species. Due to the limited amount of soft landscaping on site, the only likely impact on protected species would be to any bats within the buildings. A Bat Assessment Report has been submitted which shows that there are no droppings, staining, scratch marks or any other signs of roosting or other activities within the buildings. It is suggested that bats are active within the hospital complex, but this should have no have any implications for the development of the site. There are therefore no concerns regarding protected species. Viability In order to accord with various policies, planning obligations would be necessary to make the scheme acceptable. A range of obligations were initially suggested by the applicant as part of the submission. Additional obligations were requested by the Local Planning Authority and consultees. A Viability Assessment was undertaken following concerns that the number of obligations had increased beyond the point at which the scheme would be viable and therefore deliverable. It is not appropriate to require obligations where a scheme is unviable. This is set out clearly within paragraph 173 of the NPPF, which states that development ‘should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened’. The viability of the scheme is therefore a key planning consideration. It is considered that in this case the following obligations would be required in order for the development to accord with policies and the reasonable requests of consultees:

33% Affordable Housing, in accordance with the Affordable Housing SPD.

A contribution towards or the undertaking of improvements to the foot/cycleway adjacent to the site.

A contribution of £71,678.99 (index linked) towards open space, in accordance with the Open Spaces, Sport and Recreation SPD (less the contribution/cost of the works towards the foot/cycleway improvements).

A contribution of £100,419.00 (index linked) towards primary education, in accordance with the Developers’ Guide to Infrastructure Contributions.

A contribution of £22,760.00 (index linked) towards healthcare. The Viability Assessment has concluded that the scheme would be unviable, even in a scenario where no affordable housing is provided. The Local Planning Authority has viewed the assessment in full; however, due to the commercially sensitive nature of the information within the assessment, it is not possible to detail its content in this report. In order to confirm whether the scheme would be unviable, the Local Planning Authority had the assessment independently assessed by a viability professional. The assessor had full access to the assessment and has confirmed that the scheme is unviable. In such circumstances, it is unreasonable to require obligations which would risk the deliverability of the scheme. This is stated at paragraph 173 of the NPPF. However, the NPPF is also clear that where safeguards are necessary to make a particular development acceptable in planning terms, planning permission should not be granted unless those safeguards can be secured. Therefore for planning permission to be granted it must still be considered that, despite the lack of viability, the scheme is otherwise acceptable. The NPPF

has a presumption in favour of sustainable development. Sustainable development includes economic, social and environmental roles (paragraph 7). Whilst a lack of viability suggests that the economic role of sustainable development would not be achieved, the scheme must also be considered in the context of its other economic benefits, including the redevelopment of a brownfield site. This is confirmed by the PPG which states that, to incentivise redevelopment of brownfield sites Local Planning Authorities should take a flexible approach in seeking levels of planning obligations and other contributions. Whilst a replacement venue for The Square is desirable, if this was secured via a Section 106 agreement, it would impose a significant financial burden on the developer and decrease the likelihood of the scheme being delivered. Therefore it is not considered reasonable to resist the development due to the lack of a replacement facility. Moreover, it is not considered that it is a policy requirement for replacement venue for The Square. The travel plan would likely require a monitoring fee to be paid to Essex County Council. The Travel Plan is considered to be necessary despite the scheme being unviable in order to make the level of parking provision acceptable and it should therefore considered as a development cost, rather than a planning obligation. Despite the clear lack of viability, due to the special circumstances of the applicant as an affordable housing provider, an offer of (almost) 10% affordable housing has been proposed in the form of six 2-bed dwellings. Due to the special circumstances of the applicant it is considered reasonable to accept the offer of six units of affordable housing. However, the applicants could renegotiate or withdraw the affordable housing offer in the future via Section 106A of the Town and County Planning Act 1990 (as amended) and it would be unreasonable to refuse to renegotiate as the Local Planning Authority has accepted that the scheme is unviable with no affordable housing. It would therefore be equally appropriate to not require any affordable housing provision as part of any approval of this application. In order account for any future changes in the viability of the scheme it is suggested that a clause should be included within the Section 106 Agreement to review whether any additional affordable housing could be provided viably.

CONCLUSIONS: The application seeks the redevelopment of a dilapidated and prominent brownfield site at a key location near the town centre to increase housing supply. The application is supported in principle, would create a landmark building which would be compatible with the character of its surroundings and Harlow more generally, and does not raise any significant landscaping, amenity, access, parking, highway safety or environmental concerns. The development would normally attract planning obligations (listed in the Viability section of this report), however; viability information has been submitted which demonstrates that the scheme is unviable. The Council has conducted an independent assessment which confirms that the scheme is unviable. The NPPF and PPG are clear that obligations should not be sought where schemes are unviable, particularly where schemes are for the redevelopment of a brownfield site.

It is not considered that the lack of ability to provide the obligations outweighs the benefits of the scheme which is considered to be sustainable and would create a landmark building which would have a positive impact on the appearance, vitality and perception of the centre of Harlow. It is therefore concluded that the planning obligations summarised above cannot reasonably be required in granting approval of the application. Due to the special circumstances of the applicant as an affordable housing provider, it is considered that the applicant’s offer that six of the dwellings would be affordable housing should be accepted and secured via a Section 106 agreement, however, the Local Planning Authority would not be able to pursue any affordable housing if the offer is withdrawn or renegotiated at a later date. Whilst planning obligations cannot be secured, it is otherwise considered the development is considered to accord with national policies and the Development Plan. No material considerations are outstanding. The application is recommended for approval, subject to conditions and the applicant entering into a Section 106 agreement to secure six of the dwellings as affordable housing.

RECOMMENDATION: That Committee resolve to GRANT PERMISSION subject to the applicant entering into a suitably worded Section 106 Agreement and the following conditions: 1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission. REASON: In order to comply with Section 91(1) of the Town and Country Planning

Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2 No development shall commence on site until details of the types and colours of all

external materials to be used, together with samples, have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details.

REASON: In the interests of the character and appearance of the area in accordance with policy BE1 of the Adopted Replacement Harlow Local Plan.

3 No development or other operations shall commence on site in connection with the

development hereby approved (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and/or widening or any other operations involving the use of motorised vehicles or construction machinery) until full details of both hard and soft landscaping proposals have been submitted to and approved by the Local Planning Authority. These shall include:

- Details and locations of hard surfacing - A method statement for implementation and maintenance - Location of proposed above and below ground functional services - Details of replacement planting such as planting plans, schedule of plants to be

used, planting techniques and aftercare. - Details of all boundary treatments

The development shall not be carried out other than in accordance with the approved details.

REASON: To ensure satisfactory landscape treatment of the site in accordance with policies NE11 and NE12 of the Adopted Replacement Harlow Local Plan.

4 No development shall take place on site, including site clearance, tree works,

demolition or any other works, until an Arboricultural Method Statement (AMS) has been submitted to and approved in writing by the Local Planning Authority. The AMS shall include details relevant to the safe retention and protection of trees in accordance with current BS5837 recommendations. The AMS shall include a Tree Protection Plan showing the positions of protective fencing to safe guard all retained vegetation. The AMS shall include details such as level changes, demolition and construction techniques, materials and design detail of structures and control of potentially damaging operations such as burning, storage and handling of materials. Details of supervision at key stages of development shall also be included. The development shall not be carried out other than in accordance with the approved details.

REASON: To ensure that damage to vegetation identified for retention is avoided in accordance with policy NE11 of the Adopted Replacement Harlow Local Plan.

5 Notwithstanding the provisions of Article 3 of the Town and Country Planning

(General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) the openings shown as being obscured glazed in the south eastern (courtyard) elevation of the building on page 77 of the Design and Access Statement Rev. A (November 2015) shall be glazed with obscure glazing and permanently retained in that form thereafter.

REASON: To protect the amenity of the occupiers of the dwellinghouses within Block B of the building in accordance with policy BE1 of the Adopted Replacement Harlow Local Plan.

6 Notwithstanding the approved plans, no gates to the private access road shall be

erected on site until details of such gates have been submitted to and approved in writing by the Local Planning Authority. The gates shall thereafter be erected in accordance with the approved details.

REASON: To ensure that the impact on the highway and the character and appearance of the area is appropriate in accordance with policies BE1 and BE2 of the Adopted Replacement Harlow Local Plan and the Highway Authority's Development Management Policies.

7 No development shall take place, including any ground works or demolition, until a

Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall provide for:

- The parking of vehicles of site operatives and visitors - Loading and unloading of plant and materials - Storage of plant and materials used in constructing the development - Wheel and underbody washing facilities The approved statement shall be adhered to throughout the construction period. REASON: To ensure that on-street parking of construction vehicles in the adjoining

streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety in accordance with the Highway Authority's Development Management Policies.

8 The proposed development shall not be occupied until such time as the vehicle

parking areas indicated on the approved plans, including any parking spaces for the

mobility impaired, have been hard surfaced, sealed and marked out in parking bays. The vehicle parking areas shall be retained in this form at all times. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the development unless otherwise agreed in writing by the Local Planning Authority.

REASON: To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety and that appropriate parking is provided in accordance with policy T9 of the Adopted Replacement Harlow Local Plan and the Highway Authority's Development Management Policies.

9 Ninety-six cycle spaces shall be provided. Eighty-six of the spaces (being those

spaces allocated for residents, not visitors) shall be secure, convenient, covered and provided prior to occupation and retained at all times.

REASON: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity in accordance with policy T6 of the Adopted Replacement Harlow Local Plan and the Highway Authority's Development Management Policies.

10 Prior to occupation of the proposed development, the Developer shall be responsible

for the provision and implementation of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council.

REASON: In the interests of reducing the need to travel by car and promoting sustainable development and transport in accordance with the Highway Authority's Development Management Policies.

11 Prior to occupation of the development, the developer shall provide and implement a

Residential Travel Plan, approved by Essex County Council. The plan shall be monitored annually, with all measures reviewed to ensure targets are met.

REASON: In the interests of reducing the need to travel by car and promoting sustainable development and transport in accordance with policy T4 of the Adopted Replacement Harlow Local Plan and the Highway Authority's Development Management Policies.

12 The development hereby permitted shall be carried out in accordance with the

following approved plans:

- AA5224/2000: Site Location Plan (29.04.15) - AA5224/2001: Demolition Plan (29.04.15) - AA5224/2002: Existing Levels (29.04.15) - AA5224/2003: Proposed Levels (29.04.15) - AA5224/2004: Site Layout Plan (29.04.15) - AA5224/2005: Landscape Plan - Streetscape (29.04.15) - AA5224/2006: Landscape Plan - Courtyard (29.04.15) - AA5224/2010: Ground Floor Plan (29.04.15) - AA5224/2011: First & Second Floor Plans (29.04.15) - AA5224/2012: Third & Fourth Floor Plans (29.04.15) - AA5224/2013: Fifth & Sixth Floor Plans (29.04.15) - AA5224/2014: Seventh to Tenth Floor Plans (29.04.15) - AA5224/2015: Eleventh & Twelfth Floor Plans (29.04.15) - AA5224/2016: Roof Plan (29.04.15) - AA5224/2030: South-East Elevation (29.04.15) - AA5224/2031: North-West Elevation (29.04.15) - AA5224/2032: North-East and South-West Elevations (29.04.15) - AA5224/2033: Courtyard Elevations (29.04.15) - AA5224/2040: Courtyard Storage Strategy (29.04.15) - AA5224/2050: Ground Floor - Dry Riser Inlets (25.05.15)

- AA5224/2200: Type 101 – 1B2P Flat (29.04.15) - AA5224/2201: Type 102 – 1B2P FLAT (29.04.15) - AA5224/2202: Type 103 – 2B4P FLAT (29.04.15) - AA5224/2203 Rev. A: Type 104 – 2B4P FLAT (19.11.15) - AA5224/2204 Rev. A: Type 105 – 2B4P FLAT (19.11.15) - AA5224/2205 Rev. A: Type 106 – 2B4P FLAT (19.11.15) - AA5224/2206 Rev. A: Type 107 – 2B4P FLAT (19.11.15) - AA5224/2207 Rev. A: Type 108 – 2B4P FLAT (19.11.15) - AA5224/2208 Rev. A: Type 109 – 2B3P WCH (19.11.15) - AA5224/2209 Rev. A: Type 110 – 2B4P FLAT (19.11.15) - AA5224/2210 Rev. A: Type 111 – 3B5P HOUSE – L00 (19.11.15) - AA5224/2211 Rev. A: Type 111 – 3B5P HOUSE – L01 (19.11.15) - AA5224/2212 Rev. A: Type 111 – 3B5P HOUSE – L02 (19.11.15) - AA5224/2213: Type 112 – 3B5P HOUSE – L00/L01 (29.04.15) - AA5224/2214: Type 112 – 3B5P HOUSE – L02/L03 (29.04.15) - AA5224/2215 Rev. A: Type 113 – 3B5P HOUSE – L00/L01 (19.11.15) - AA5224/2216 Rev. A: Type 113 – 3B5P HOUSE – L02 (19.11.15) - AA5224/2217 Rev. A: Type 113 – 3B5P HOUSE – L03 (19.11.15) - AA5224/2218 Rev. A: Type 114 – 3B5P HOUSE – L00/L01 (19.11.15) - AA5224/2219 Rev. A: Type 114 – 3B5P HOUSE – L02 (19.11.15) - AA5224/2220 Rev. A: Type 114 – 3B5P HOUSE – L03 (19.11.15) - AA5224/2221: Type 115 – 1B2P FLAT (29.04.15) - AA5224/2222: Type 116 – 3B5P HOUSE – L00/L01 (29.04.15) - AA5224/2223: Type 116 – 3B5P HOUSE – L02/L03 (29.04.15)

REASON: For clarity and in the interests of proper planning

INFORMATIVE CLAUSES 1. The application is acceptable in principle and raises no concerns regarding design,

layout, landscaping, neighbour amenity, access, parking, highway safety or environmental considerations, subject to conditions.

The applicant has demonstrated that the scheme is unviable and, with that in context,

the development is otherwise considered to accord with national policies and the Development Plan.

The applicant has offered the provision of 6 affordable units on site despite the clear

lack of viability. On the basis that the applicant operates as an affordable housing provider, it is considered that the applicant could deliver the scheme with the affordable housing provided.

No material considerations are outstanding. Accordingly the application has been recommended for approval, subject to

conditions and the applicant entering into a Section 106 Agreement to secure 6 affordable units on site.

2. The Local Planning Authority has acted positively and proactively in determining this

application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address these concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

3. All work within or affecting the highway is to be laid out and constructed by prior

arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works. The applicant is advised to contact the Development Management Team by email at: [email protected] or by post to Essex Highways, Unit 36, Childerditch Highways Depot, Hall Drive, Brentwood, Essex, CM13 3HD.

Dianne Cooper Planning and Building Control Manager Mark Philpott Contributing Officer

Proposed Site Plan

South East Elevation

North West Elevation

Internal Elevations