LONDON BOROUGH OF WALTHAM FOREST · the long term spatial vision and strategic place shaping objectives. There is an emphasis on collaboration and a positive proactive ... • 3.6

(Item 5.2)

LONDON BOROUGH OF WALTHAM FOREST

Committee / Date: Planning - 03 June 2014

Application Reference: 2013/1859

Applicant: Spenhill Developments

Location: Land Known as ‘Block H’, Hickman Avenue, Highams Park E4 9JD

Proposed Development:

Redevelopment of Block H, Highams Park (Application Ref: 2008/1490) from Office (Use Class B1) and Primary Care Trust (Use Class D1) to Residential (Use Class C3) and Leisure uses (Use Class D2) to create 83 no. residential units including 12 no. one-beds, 64 no. two-beds and 7 no. three-beds; leisure (Use Class D2) measuring 102 sqm; 61 no. car parking spaces and 83 no. cycle spaces; and associated highways and landscaping.

Wards Affected: Hale End and Highams Park

Appendices: None

1 RECOMMENDATION

1.1 Grant planning permission subject to conditions and completion of a legal agreement.

2 REASONS REFERRED TO COMMITTEE

2.1 The matter is of such importance that it has been referred to Committee by officers.

3 DETAILS OF PROPOSAL AND SURROUNDINGS

3.1 The application site known as ‘Block H’, forms part of a wider site that was granted planning permission [Ref: 2008/1490] on 2nd February 2011 for a mixed-use development comprising 253 residential units and a mixture of A1-A3, B1-B8 and D1 uses that included a Primary Care Trust [PCT] unit.

3.2 Whilst the wider site is still under construction, the majority of the development has been built out and are in use or occupied, including the Tesco store, some retail units fronting Larkshall Road and residential units.

3.3 Block H is the last phase of the wider site development and would have delivered B1(a) and B1(c) uses with a D1 Primary Care Trust [PCT]. Section 9 provides further details on the issue of direct provision of the PCT facility.

3.4 The applicant contends through the submitted Planning Design & Access Statement that market research into economic forecasts has suggested that this part of the wider site would not be financially viable given the location of the site and the sales of the existing office units

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within the overall development. Consequently, the applicant has submitted this application for a proposal comprising alternative uses in the form of a residential-led development with 102 sqm of leisure space.

4 RELEVANT SITE HISTORY

4.1 2008/1490. Redevelopment to provide Class B1 - B8 Employment Uses, Class A1 Retail Store (5,523 sq. m gross), 10 x Class A1-A3 Retail Units, Class D1 Community Use, Primary Care Trust (PCT) Facility, 253 residential units of mixed tenure and size. Associated parking and servicing facilities. GRANTED 2nd February 2011.

4.2 2008/1490. Deed of Variation to s106 Agreement to planning permission Ref 2008/1490 in response to a potential NHS Primary Care Trust facility within Block H. GRANTED at Planning Committee of 10th September 2013.

4.3 Background to Proposal

4.4 Planning permission [Ref: 2008/1490] was granted on 2nd February 2011 on a wider site [including the application site] for a comprehensive mixed-use development comprising a Tesco store and 253 residential units, 10 A1-A3 units, B1-B8 and D1 uses including a PCT facility.

4.5 The scheme is being built out in phases and one remaining phase remains; which comprises the application site [Block H].

4.6 The plans approved as part of the wider site [Ref: 2008/1490] would have incorporated B1(a) offices, B1(c) workshops and a D1 PCT use with 50 car parking spaces including four to disabled standard; all at the time within land designated as a Borough Employment Area. The land as part of LBWF’s updated Development Plan is now ‘white land’ [non-designation].

4.7 In addition, a s106 calculation was made using the Healthy Urban Development Unit [HUDU] model, which is a comprehensive tool to assess the health service requirements and cost impacts of new residential development. This set the likely financial contribution towards healthcare as part of the s106 Agreement.

4.8 In relation to health, the s106 Agreement allowed for consideration of providing healthcare floorspace directly on the application site [part of Block H]. This direct provision would have needed to have been made within an ‘Exclusivity Period’ which expired on the soonest of:

• The exchange of an agreement for a lease between Tesco and the PCT in relation to the land reserved for a health facility on the site;

• On the receipt of a notice from the PCT that it no longer wished to take up the land reserved for a health facility on the site; and

• The expiry of 12 months from the date of the s106 Agreement, i.e. 2nd February 2012.

4.9 Tesco also covenanted to pay a healthcare financial sum of £1,055,210, to the Council in two instalments [based on the phasing of

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the residential build out] should the direct provision of a healthcare facility not occur.

4.10 No agreement was reached between the PCT and Tesco within the Exclusivity Period and the full healthcare contribution of £1,055,210 was subsequently received by the Council.

4.11 It was agreed by Members at 10th September 2013 Planning Committee that insofar as the healthcare contribution, it would be used towards the provision of or improvement to services or buildings, which contribute towards the enhancement of health in the Borough, as part of the Deed of Variation to the s106 Agreement.

4.12 This current planning application has now been submitted comprising 83 residential units with a supporting leisure offer in the region of 102 sqm that would replace the non-residential uses this site currently benefits from under planning permission Ref: 2008/1490.

5 PUBLIC CONSULTATIONS

5.1 Jubilee Avenue (all); Hickman Avenue (all); Jacks Farm Way (all); Celebration Way (all); Signal Walk (all); and Paxton House, Larkshall Road (all).

5.2 Site notices were displayed on 26th November 2013. The application was advertised in the Waltham Forest News on 27th January 2014.

6 DEVELOPMENT PLAN

6.1 Waltham Forest Local Plan Core Strategy (2012)

6.2 The Waltham Forest Local Plan Core Strategy (2012) was adopted on 1st March 2012. The Core Strategy contains 16 policies designed to deliver the Council’s vision for the physical, economic, environmental and social development of the Borough. These policies will be used to direct and manage development and regeneration activity up to 2026.

6.3 The policies considered relevant to this application are as follows:

• CS2: Improving Housing Quality and Choice

• CS3: Providing Infrastructure

• CS8: Making Efficient Use of Employment Land

• CS13: Promoting Health and Well Being

• CS14: Attractive and Vibrant Town Centres

• CS15: Well Designed Buildings, Places and Spaces

• CS16: Making Waltham Forest Safer

6.4 Waltham Forest Local Plan Development Management Policies (2013)

6.5 The Waltham Forest Local Plan Development Management Policies Document was adopted on 24th October 2013. This sets out the Borough-wide policies that implement the Core Strategy and to deliver the long term spatial vision and strategic place shaping objectives. There is an emphasis on collaboration and a positive proactive approach to reaching a balanced agreement that solves problems

(Item 5.2)

rather than a compromise that fails to meet objectives. The following policies are relevant in this case:

• DM1: Sustainable Development and Mixed Use Development

• DM2: Meeting Housing Targets

• DM5: Housing Mix

• DM7: External Amenity and Internal Space Standards

• DM16: Parking

• DM17: Social and Physical Infrastructure

• DM20 Non-Designated Employment Areas

• DM25: Managing Town Centre Uses

• DM29: Design Principles, Standards and Local Distinctiveness

• DM30: Inclusive Design and the Built Environment

• DM32: Managing Impact of Development on Occupiers and Neighbours

6.6 London Plan (2011)

6.7 The London Plan (2011) is the overall strategic plan for London, and it sets out a fully integrated economic, environmental, transport and social framework for the development of the capital to 2031. It was adopted in July 2011. The following policies are relevant in this case:

• 2.15 Town centres

• 3.2 Improving health and addressing health inequalities

• 3.3 Increasing housing supply

• 3.4 Optimising housing potential

• 3.5 Quality and design of housing developments

• 3.6 Children and young people’s play and informal recreation facilities

• 3.8 Housing choice

• 3.9 Mixed and balanced communities

• 3.10 Definition of affordable housing

• 3.11 Affordable housing targets

• 3.12 Negotiating affordable housing on individual private residential and mixed use schemes

• 3.13 Affordable housing thresholds

• 3.16 Protection and enhancement of social infrastructure

• 3.17 Health and social care facilities

• 4.1 Developing London’s economy

• 4.7 Retail and town centre development

• 4.10 New and emerging economic sectors

• 5.1 Climate change mitigation

• 5.2 Minimising carbon dioxide emissions

• 5.3 Sustainable design and construction

• 5.5 Decentralised energy networks

• 5.6 Decentralised energy in development proposals

• 5.7 Renewable energy

• 5.9 Overheating and cooling

• 5.10 Urban greening

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• 5.11 Green roofs and development site environs

• 5.13 Sustainable drainage

• 5.14 Water quality and wastewater infrastructure

• 5.15 Water use and supplies

• 6.3 Assessing effects of development on transport capacity

• 6.9 Cycling

• 6.13 Parking

• 7.1 Building London’s neighbourhoods and communities

• 7.2 An inclusive environment

• 7.3 Designing out crime

• 7.4 Local character

• 7.6 Architecture

• 7.14 Improving air quality

• 8.1 Implementation

• 8.2 Planning obligations

• 8.3 Community Infrastructure Levy

7 MATERIAL PLANNING CONSIDERATIONS

7.1 National Planning Policy Framework (2012)

7.1.1 The National Planning Policy Framework (2012) sets out the Government’s planning policies for England and how these are expected to be applied. It is a material consideration in planning decisions. It contains a presumption in favour of sustainable development, described as “a golden thread running through both plan-making and decision-taking.”

7.1.2 For decision-taking the NPPF (2012) states that the presumption means ‘approving development proposals that accord with the development plan without delay’ and where the development plan is ‘absent, silent or relevant policies are out-of-date, granting permission unless adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole.’

7.1.3 The NPPF (2012) is potentially material to this application.

7.2 Other policies

7.2.1 None relevant.

7.3 Emerging Policy

7.3.1 None relevant.

7.4 Local Finance Considerations

7.4.1 Local Finance Considerations are a material consideration in the determination of all planning applications. Local Finance Considerations can include either a grant that has been or would be given to the Council from central government or money that the council has received or will or could receive in terms of Community Infrastructure Levy (CIL).

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7.4.2 There are no grants which have been or will or could be received from central government in relation to this development.

7.4.3 The Council expects to receive income from CIL in relation to this development.

8 REPRESENTATIONS

8.1 Representations from Statutory Consultees

8.2 Thames Water: No objection.

8.3 London Fire Brigade: No response received.

8.4 Representations from Residents

8.5 15 responses received objecting to the proposal. These matters are addressed in Section 9.

8.6 Other Representations

8.7 One representation received from Highams Park Planning Group objecting to the proposal on the following grounds:

• Loss of employment in a Borough Employment Area;

• Housing mix contrary to policy;

• Excessive residential density;

• Tenure arrangement contrary to policy; and

• Detrimental impact on existing social infrastructure, particularly to health services.

8.8 One representation received from Cllr Rackham objecting to the proposal on grounds of lack of infrastructure in health and inadequate parking provision.

8.9 Response: The issues raised from representations received will be addressed in Section 9.

9 ASSESSMENT

9.1 Employment Issues

9.2 The principle of the loss of potential employment floorspace has been addressed and the application is now supported.

9.3 In terms of the site being a ‘non-designated employment area’, Policy DM20A of the Waltham Forest Local Plan Development Management Policies (2013) states that the Council will support applications for more productive uses of land where there are clear barriers to the sites’ future employment use, there is no reasonable prospect of it being re-let or sold for employment purposes having been marketed at a reasonable price with reasonable terms and conditions, and mitigation is provided for the loss of employment land.

9.4 It is the mitigation that has been discussed with officers that enables this proposal to be considered acceptable in planning terms. As part of the wider permission, there are existing commercial units at Blocks E [office] and J [light industrial] that still remain vacant. As a

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consequence, the build-out of the subject site for more commercial units was not considered to be viable by the applicant. The mitigation measures would provide an increased opportunity for the occupation of Blocks E and J that would involve the following:

• One year exclusivity of lease arrangements on Block E and Block J;

• Five year rent match for the relocation of businesses; and

• A contribution of £200,000 towards the fit-out of Block E.

9.5 The above measures would be secured as part of any s106 Agreement.

9.6 The provision for 102 sqm of leisure to an 83-unit residential-led scheme is considered to be ancillary to the predominant C3 use and the compatibility of the land uses involved on the application site and in the surrounding context is supported.

9.7 Design and Appearance

9.8 The building height of part four- and part five-storeys is considered appropriate. The scale of the scheme in the form of two blocks would be up to five storeys and would relate well to the scale of neighbouring buildings and respect the amenity of neighbouring occupiers.

9.9 The approach to the layout is such that it would maintain permeability within the wider site with views between buildings. A number of the properties would also have access to dedicated balconies, thereby varying the façade of the blocks as well as providing quality amenity space for future occupiers.

9.10 The ‘U-shaped’ design of the buildings is considered to fall within the neighbouring context in terms of its built form and their relationship to the existing surrounding properties. The provision of amenity space to the rear of the blocks would separate two parking areas that would comprise 61 spaces in total; 11 spaces in one core and 50 spaces in the other.

9.11 The proposal would result in four north-facing, single aspect units. Whilst it is inevitable that these units would be north-facing, the design of the scheme is such that it would minimise the number of such units.

9.12 The overall architecture of the scheme is considered to be successful and adopts a modern approach, which would be consistent with the wider site within the Tesco development.

9.13 Housing Provision

9.14 Housing Supply and Targets

9.15 The provision for housing in the Borough, including new affordable homes is supported. Policy CS2 of the Waltham Forest Local Plan Core Strategy (2012) relates to Improving Housing Quality and Choice. This proposal would facilitate sustainable housing growth by contributing towards the number of affordable homes in the Borough.

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9.16 The proposal would bring forward the site for a residential-led development in an appropriate location within a town centre. The provision for housing is reinforced by the London Plan (2011) and the NPPF (2012). The provision of the site for housing would contribute to both economic and social aspects of sustainable development.

9.17 Housing Density and Mix of Units

9.18 The site is situated within an urban area and has a Public Transport Accessibility Location [PTAL] rating of 2. Therefore, in accordance with the London Plan (2011) ‘Sustainable Residential Quality Density Matrix’, a density range of between 200 and 450 habitable rooms per hectare [HRH] would be considered acceptable and in compliance with the London Plan (2011).

9.19 The proposal would provide a density of 434 habitable rooms per hectare [HRH] based on a site area of 0.56 hectares and 244 habitable rooms. This falls within the density range set in the London Plan (2011).

9.20 Affordable Housing and Mix

9.21 Affordable Housing

Policy CS2 of the Waltham Forest Local Plan Core Strategy (2012) seeks to maximise the number of quality affordable homes by aiming to provide at least 50% of homes as affordable over the Plan period and a balance of tenures is sought. The proposal seeks to provide 17 units as affordable housing with the remaining 66 units as private market properties.

Tenure No. of Units

Market 66

Affordable 17

TOTAL 83

Schedule of Accommodation

9.22 Policy 3.11 of the London Plan (2011) recommends a 60:40 split, where 60% of the affordable housing provision should be for affordable / social rent and 40% for intermediate / shared ownership housing, with priority for affordable family housing. Following an assessment of the submitted financial viability information, the applicant has agreed to increase the initial affordable housing offer from 13 to 17 units; all as shared ownership.

9.23 Irrespective of financial viability concerns the applicant has used for the basis of this application, the housing offer would normally be contrary to policy; both in terms of the number of affordable units and the tenure arrangement within this affordable offer. However, the acceptance of this offer in numerical and percentage terms is justified by the applicant’s financial viability appraisal and would be subject to a review mechanism at a specified stage of development to establish whether

(Item 5.2)

additional affordable units or contributions towards affordable housing could be made.

9.24 Housing Mix

Policy DM5 of the Waltham Forest Local Plan Development Management Policies (2013) states a preference for proposals to provide a range of dwelling sizes and tenures with an emphasis on family housing with a resistance against schemes containing only one-and two-bedroom units.

9.25 Overall, the scheme would deliver 12 one-bedroom units, 64 two-bedroom units and seven three-bedroom units. This type of housing mix is considered to be broadly acceptable given the site constraints and the type of development proposed comprising predominantly of apartments.

9.26 Accessible Housing

9.27 The scheme would provide 11 units as wheelchair accessible or adaptable to wheelchair standards, which exceeds the 10% requirement as set in the Waltham Forest Local Plan Inclusive Housing Design SPD (2011). Nine of the 11 proposed wheelchair units would have a dedicated car parking space. Whilst a 1:1 ratio in wheelchair standard parking space per wheelchair unit is desired, the proposal nevertheless still exceeds the 10% requirement of all units to be to wheelchair standard and whilst not wholly satisfactory, is considered acceptable.

9.28 Internal and External Space Standards Including Amenity Space

9.29 Space Standards

9.30 The residential accommodation has been designed to meet, and where possible, exceed the standards set in Table 3.3 of the London Plan (2011) and Policy DM7 of the Waltham Forest Local Plan Development Management Policies (2013), which are identical.

9.31 14 of the proposed 83 units only marginally fall short of the minimum space standards for units as set in the London Plan (2011). The shortfall in space standards only range between -0.10 sqm to -2.56 sqm. As the scheme generally complies with recommended minimum space standards set in Table 3.3 of the London Plan (2011) and Policy DM7 of the Waltham Forest Local Plan Development Management Policies (2013), the proposal is considered acceptable.

9.32 Amenity Space

9.33 For houses, Policy DM7 of the Waltham Forest Local Plan Development Management Policies (2013) seeks the provision of a minimum of 50 sqm of private amenity space for one- and two-bed houses and for houses containing three or more bedrooms, an additional 10 sqm per bedroom should be provided.

9.34 The 13 two-storey, two-bedroom townhouses would have a private north-facing rear amenity space of approximately 20 sqm each, which falls short of the 50 sqm requirement set by policy.

(Item 5.2)

9.35 For apartments, Policy DM7 of the Waltham Forest Local Plan Development Management Policies (2013) recommends that a minimum of 10 sqm of private outdoor amenity space should be provided per bedroom. Based on the total number of bedrooms for the apartments, the scheme would require 1,330 sqm of amenity space.

9.36 A communal amenity space of approximately 773 sqm would be provided in an area that would separate the two buildings of a ‘U-shaped’ format and some of the apartments would have access to private balconies of approximately 7 sqm each although the amenity space provision is deficient by almost half of the policy requirement.

9.37 Whilst there is an amenity provision shortfall from policy requirement, it is still considered that the proposed development would still provide an acceptable quantum of amenity for future occupiers.

9.38 Child Play Space

9.39 Policy DM7 of the Waltham Forest Local Plan Development Management Policies (2013) refers to the Greater London Authority’s Providing for Children and Young People’s Play and Informal Recreation SPD (2008). This document has now been superseded by Shaping Neighbourhoods: Play and Informal Recreation SPG (2012).

9.40 According to the document, there is a child play space requirement of 10 sqm per child for developments containing ten or more child bed spaces. The proposal could generate up to 29 children. A child play space provision of 37 sqm has been integrated into the design of the usable communal amenity space provision. Whilst not ideal, it would still provide child play space as part of the overall amenity space provision. Given the design of the scheme, with the requirement for parking provision that occupies a significant amount of the area of the site, the proposal is still considered to be acceptable on overall amenity grounds.

9.41 Impact on Residential Amenity

9.42 The Waltham Forest Urban Design SPD (2010) acknowledges that privacy can be maintained without the need to rigidly apply separation distances, dependent on the relationship between habitable room windows, the scale of development and the use of screening and landscaping. Accordingly, it is considered that adequate privacy is maintained between the two buildings with a separation distance of 20m between habitable room windows.

9.43 It is also worth noting that the inclusion of balconies would effectively provide a layer of privacy in front of the habitable rooms of the proposed apartments and would therefore help to screen and reduce overlooking to neighbouring residential properties.

9.44 Accordingly, it is considered the proposal optimises the development potential of the site without compromising residential amenity standards for existing or future residents. The proposal therefore broadly complies with guidance set out in the Council's Urban Design SPD (2010), Policy

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DM7 of the Waltham Forest Local Plan Development Management Policies (2013) and Policy 7.6 of the London Plan (2011).

9.45 Transport, Parking and Highways

9.46 The application is supported by a Transport Statement, which concludes that the proposed development is acceptable in transport planning terms and would not generate any significant detrimental impact to the local transport network with respect to both trip generation and car parking.

9.47 The proposal would provide a total of 61 car parking spaces including 9 to disabled standard. This would equate to an overall car parking ratio of 0.77 spaces per unit. This would be within the maximum standards set in Appendix 4 of the Waltham Forest Local Plan Development Management Policies (2013), which is 1:1.

9.48 Regarding cycle parking, Appendix 4 of the Waltham Forest Local Plan Development Management Policies (2013) requires the provision of one space per one-bedroom dwelling and two spaces per two or more bedroom dwellings. The maximum amount of cycle parking provision possible would be secured as a condition to any planning permission. The proposal would need to provide 154 cycle parking spaces to accord with the requirements set in Appendix 4. The proposal would provide 83 spaces.

9.49 Servicing

9.50 Officers are satisfied that the proposal accommodates future servicing requirements. Such details of servicing, including refuse and recycling could be conditioned as part of any planning permission.

9.51 Accordingly, officers are satisfied that the proposal would not have a significant detrimental impact on the local highway network.

9.52 Daylight / Sunlight

9.53 The submitted Daylight and Sunlight Report demonstrates that the proposal would not affect the daylight and sunlight amenity received to the surrounding residential properties. Accordingly, it would be compliant with the BRE guidance with no material effect on surrounding properties.

9.54 Environmental Considerations

9.55 Air Quality

9.56 The submitted Air Quality Assessment concludes that the air quality impacts associated with the traffic development would be negligible and it is not anticipated that mitigation measures would be required. Notwithstanding, a condition can be attached to any planning permission for a management scheme whose purpose would be to control and minimise emissions of pollutants from and attributable to construction of the development.

(Item 5.2)

9.57 In addition to the above, the applicant would enter into a financial obligation through a s106 Agreement for the payment of £13,200 towards air quality monitoring.

9.58 Noise

9.59 The submitted noise information is acceptable in principle subject to conditions requiring noise mitigation measures between the plant and non-residential use on the ground floor with residential above are safeguarded. Accordingly, any mitigation could be secured as a condition to any planning permission.

9.60 Flood Risk

9.61 The site is not within an identified area of flood risk and has a site area of less than one hectare. In accordance with the Environment Agency’s guidance, therefore, a Flood Risk Assessment is not required.

9.62 The site is at low risk from flooding and therefore the proposed development accords with Policy CS4 of the Waltham Forest Local Plan Core Strategy (2012) and Policy DM34 of the Waltham Forest Local Plan Development Management Policies (2013).

9.63 Energy and Sustainability

9.64 The homes would be designed to achieve Code for Sustainable Homes Level 4.

9.65 From 2013 to 2016, major developments are expected to deliver a 40% carbon dioxide emissions reduction improvement on Part L of the Building Regulations (2010) baseline. For residential proposals, a 25% reduction improvement on the Building Regulations (2010) meets Code for Sustainable Homes Level 4. The proposal would achieve a carbon dioxide emission reduction of 28% above Part L of the Building Regulations (2010) baseline.

9.66 A small part of this saving would be achieved from the adoption of efficiency measures, but the majority of the savings would be attributed to the connection to the existing Tesco store’s community energy network. As this network was a key element in the original planning application, it is considered prudent to connect this latest scheme to it.

9.67 Although the residential units would achieve Code for Sustainable Homes Level 4, there is no BREEAM rating for the 102 sqm of leisure proposed. Given the scale of the non-residential element in proportion to the number of residential units proposed, the requirement for a BREEAM rating is not essential in this instance.

9.68 It is considered that this high environmental design standard is broadly consistent with the objectives of Policy 5.2 of the London Plan (2011), Policy CS4 of the Waltham Forest Local Plan Core Strategy (2012) and Policies DM10 and DM11 of the Waltham Forest Local Plan Development Management Policies (2013).

(Item 5.2)

9.69 Trees

9.70 The applicant would enter into a financial obligation through a s106 Agreement for the payment of £31,125 towards planting of trees and / or where appropriate, improvement for nature conservation on either highway land, green spaces, including parks and woodlands belonging to the Local Authority within the local area of the development. This is considered to be acceptable, in addition to details of soft landscaping, which would be secured as a condition to any planning permission.

9.71 Other Material Considerations

9.72 At the site to the north of Block H, known as Quest House [11 Jubilee Avenue], outline planning permission Ref: 2011/1205/OUT for the creation of 9,520 sqm of B1 / B2 and B8 use was granted on 23rd December 2011. This comprises ‘east’ and ‘west’ units positioned back-to-back, essentially giving the appearance of one block. A subsequent outline planning permission Ref: 2013/0599/OUT followed for the ‘east’ buildings to be used for trade counter [sui generis] uses in addition to B1 / B2 and B8 uses already permitted. This application was granted on 23rd July 2013.

9.73 The site is currently under construction. How the scheme at Quest House would relate to the proposal at Block H under for 83 residential units is considered.

9.74 In terms of the relationship between the proposed Block H and the adjacent permitted scheme at Quest House, the main component of Block H would be deliberately stepped back from the adjacent site. A courtyard parking area and communal space would act as a buffer between the two developments. In this regard, the applicant has also proposed a comprehensive landscaping strategy, which envisages significant soft and hard boundary treatment between the two sites to create an appropriate setting for both sites, appropriately secured as a planning condition to any planning permission.

9.75 The proposed Block H scheme returns at its ends and hence, extends toward the adjacent site. However, this element of the building has a blank elevation [at its closest point to the adjacent site]. Therefore, there would be no windows that would give rise to any issues associated with overlooking / sunlight / daylight, etc.

9.76 There would be two sets of balconies orientated east and west to the right wing of Block H. These balconies have been deliberately designed so they would be orientated towards the centre of the application site and so at worst, there may be oblique views into the adjacent site although there would be no loss of privacy to the future occupiers of these properties as the southern elevation at Quest House would comprise a blank elevation.

9.77 The proposed new buildings on the Quest House site would be set back from the street fronting Jubilee Avenue by approximately 16m and by 35m to Hickman Avenue. They would also be set in from its southern boundary [where it is shared with the application site] by 1.15m.

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9.78 The west units within the Quest House site would comprise a pitched roof measuring 11.7m to the ridge and 9.6m to the eaves. The ridge height at 11.7m would be set sloping back 6.7m from the flank [south] elevation.

9.79 The east units would comprise a mono-pitched roof, at a height of approximately 10.1m fronting Jubilee Avenue and sloping downward towards the centre of the site to 7.8m [to the rear of the building]. At the highest point, the east units fronting Jubilee Avenue and adjacent to the proposed right wing of Block H would be equivalent to just over three storeys. The flank elevation of the west units at Quest House would terminate in line with the proposed courtyard at Block H. Therefore, the front of the west units would not be immediately adjacent to the west wing of Block H, with a 24m separation distance between them.

9.80 On separation distances, there would also be 24m between the north elevation of Block H [two-storey houses / duplex properties] directly facing the approved development at Quest House, noting there would be no facing windows in the buildings at the adjacent site. Thereby, there would be no overlooking into the residential units at Block H. It is acknowledged that the east wing to Block H would not provide the same degree of separation although there would also be no direct overlooking into the proposed residential units on the application site.

9.81 By reason of separation distances, the design of the buildings at Quest House and at the application site with no direct overlooking into windows between the two, the proposal at Block H would not result in any unacceptable impact to future occupiers and is therefore acceptable.

9.82 S106 Agreement, Mitigation and Financial Viability Considerations

9.83 S106 Agreements are a material consideration in the determination of a planning application. The purpose of such an Agreement is to make otherwise unacceptable development acceptable and they should only be sought where they meet all of the following tests: i) Necessary to make the development acceptable in planning terms, ii) Directly related to the development and iii) Fairly and reasonably related in scale and kind to the development.

9.84 Accordingly, the following Heads of Terms would form part of any s106 Agreement:

• Affordable Housing: Provision of a minimum of 17 units [20%] as affordable housing in the form of shared ownership and to include a review mechanism to establish if additional affordable units or contributions can be provided at a later date;

• Lease Arrangements for Block E and Block J: One year exclusivity of lease arrangements on Block E and Block J;

• Business Relocation: Five year rent match for the relocation of businesses;

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• Block E Fit-Out: A contribution of £200,000 towards the fit-out of Block E;

• Air Quality: Contribution of £47,300 towards air quality improvement in the Borough;

• Public Realm: Contribution of £31,125 towards trees and landscaping in the Borough;

• Controlled Parking Zone: Contribution of £50,000 towards any Controlled Parking Zone consultation and implementation for the immediate area and towards a review and potential revision of the waiting and loading restrictions around the industrial estate and Larkshall Road;

• Travel Plan: £3,000 towards the preparation, implementation and future monitoring of a Travel Plan, to be agreed in writing by the Local Planning Authority prior to the first use of any part of the development or first occupation of any of the residential units hereby permitted;

• Employment and Enterprise: Provision of a local labour agreement / employment plan for local unemployed people arising from the construction process, providing on-site training or to contribute to the costs of the construction training under the auspices of a recognised training provider, to be agreed by the Local Planning Authority;

• Resident Permit Restricted: With the exception of Blue Badge holders, all residents and users of the development shall be ineligible for Resident Parking Permits;

• S278 Agreement: That the developer enters into an appropriate agreement with the Council as Local Highway Authority to meet the cost of alterations and improvements to the highway, any stopping up of existing accesses or related works to the public highway;

• Legal Fees: Payment of legal fees for the preparation of the legal agreement; and

• Monitoring and Implementation: Payment of 5% of the total amount of s106 contributions to London Borough of Waltham Forest for the monitoring of and compliance with this agreement.

9.85 The applicant has agreed to the above Heads of Terms to any s106 Agreement. In response to the applicant’s current affordable housing offer of 17 units [20%] as shared ownership as a consequence of financial viability, this would not normally be accepted as social or affordable rent is usually preferred as part of the affordable housing tenure mix and in accordance with planning policy.

9.86 The current affordable housing offer is below 50% as a consequence of financial viability. Therefore, the affordable housing provision would be the subject of a review mechanism at a later stage of any development permitted. This could be upon the practical completion of the majority of the total number of units or restriction on occupation of an appropriate number of units to ascertain whether any additional affordable housing

(Item 5.2)

units or s106 contributions could be provided at a determined stage of development.

9.87 London Borough of Waltham Forest Community Infrastructure Levy

9.88 The London Borough of Waltham Forest is a Charging Authority for the purposes of Part 11 of the Planning Act 2008 and will therefore charge the Community Infrastructure Levy in respect of the development in Waltham Forest. The Charging Schedule came into effect on 15th May 2014.

9.89 The Waltham Forest Community Infrastructure Levy Charging Schedule (2014) would result in the following:

• Rates of CIL: Private residential development at £65 per sqm;

• Education: Contribution of £211,243 towards education improvements in the Borough, including refurbishment / upgrade of a primary and / or secondary school; and

• Health: Contribution of £88,995 towards healthcare in the Borough.

9.90 The contributions as set out above are exclusive of the London Mayoral CIL applicable to Waltham Forest, which is £20 per sqm. The details of Mayoral and Waltham Forest CIL would be subject to verification.

9.91 Response to Representations

9.92 15 responses and one objection from Highams Park Planning Group received objecting to the proposal on the following grounds:

• Loss of employment in a Borough Employment Area;

• Tenure arrangement contrary to policy;

• Housing mix contrary to policy;

• Excessive residential density;

• Inadequate parking provision and increased traffic;

• Detrimental impact on air quality;

• Insufficient amenity space;

• Noise impact;

• Daylight / sunlight; and

• Detrimental impact on existing social infrastructure, particularly to health and education services and lack of new social infrastructure being provided.

9.93 The loss of employment issue is discussed from Section 9, noting an unacceptable loss in principle to B1 use on previously-designated employment land.

9.94 Although the residential density is within the density matrix [Table 3.2] of the London Plan (2011), the applicant’s offer of 17 units at 100% shared ownership is contrary to policy in terms of the tenure arrangement. A 60:40 split between affordable / social rent and

(Item 5.2)

intermediate housing is desired in accordance with Policy 3.11 of the London Plan (2011) and Policy DM3 of the Waltham Forest Local Plan Development Management Policies (2013).

9.95 Regarding housing mix, as mentioned earlier, the scheme would deliver 12 one-bedroom units, 64 two-bedroom units and seven three-bedroom units. This type of housing mix is considered to be broadly acceptable given the site constraints and the type of development proposed comprising predominantly of apartments.

9.96 The Council’s parking standards are set as maximum. The proposal would provide 61 car parking spaces for 83 residential units. This is within the 1:1 standard set in Appendix 4 Parking Standards of the Waltham Forest Local Plan Development Management Policies (2013).

9.97 The issue of air quality is acceptable on the proviso that a policy-compliant s106 contribution in accordance with the Council’s Planning Obligations SPD (2014) is met. The monies would be spent on air quality improvement initiatives.

9.98 The communal amenity space provision is deficient by approximately 553 sqm of the policy requirement of approximately 1,330 sqm. In addition, the 13 two-storey, two-bedroom townhouses would have a rear garden of 20 sqm each, where 50 sqm would be required. It is noted that some of the apartments would have access to private balconies of approximately 7 sqm each.

9.99 The 13 two-storey, two-bedroom houses would have a private north-facing rear amenity space of approximately 20 sqm each, which falls short of the 50 sqm requirement set by policy. However, the overall provision of amenity including the central courtyard would provide an offer that would redress the balance in the level of amenity space provided.

9.100 Noise mitigation measures could be secured as a condition to any planning permission to safeguard future occupiers of the proposed development.

9.101 The submitted Daylight and Sunlight Report demonstrates that the proposal would not affect the daylight and sunlight amenity received to the surrounding residential properties. Accordingly, it would be compliant with the BRE guidance with no material effect on surrounding properties.

9.102 The loss of potential social infrastructure in the form of a D1 PCT facility as part of the wider site planning permission [Ref: 2008/1490] is regrettable. Nevertheless, the applicant has paid a total of £1,055,210 as part of an obligation of the s106 Agreement for healthcare in the Borough. In addition, monies are requested towards health [£88,995] and education [£211,243] improvements as part of this application. These monies, would contribute towards social infrastructure improvements, making the proposal acceptable in planning terms.

(Item 5.2)

10 CONCLUSION

10.1 The principle of development involving the potential loss of employment and land use is supported. Officers are satisfied that the mitigation measures outlined will assist in the occupation of the existing vacant commercial units, thereby justifying the proposal for 83 residential units on the application site in place of additional commercial uses as part of the wider planning permission.

10.2 The design of the scheme is broadly acceptable including its relationship with the neighbouring development at Quest House. Additionally, the affordable housing tenure arrangement at 100% shared ownership could have otherwise included some affordable / social rent, though for viability reasons. This balance of tenure arrangement is therefore accepted, including the implementation of a review mechanism.

10.3 On the basis of the acceptability of the development in principle on a site, with its design and provision for housing in an accessible location with acceptable density levels and s106 matters, the application is recommended for GRANT.

11 ADDITIONAL CONSIDERATIONS

11.1 Public Sector Equality Duty

11.2 In making your decision you must have regard to the public sector equality duty (PSED) under s.149 of the Equalities Act. This means that the Council must have due regard to the need (in discharging its functions) to:

A. Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act

B. Advance equality of opportunity between people who share a protected characteristic and those who do not. This may include removing or minimising disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; taking steps to meet the special needs of those with a protected characteristic; encouraging participation in public life (or other areas where they are underrepresented) of people with a protected characteristic(s).

C. Foster good relations between people who share a protected characteristic and those who do not including tackling prejudice and promoting understanding.

11.3 In making your decision you must have regard to the public sector. The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

11.4 The PSED must be considered as a relevant factor in making this decision but does not impose a duty to achieve the outcomes in s.149 is only one factor that needs to be considered, and may be balance against other relevant factors.

(Item 5.2)

11.4.1 It is not considered that the recommendation to grant permission in this case will have a disproportionately adverse impact on a protected characteristic.

11.5 Human Rights Act (1998)

11.6 In making your decision, you should be aware of and take into account any implications that may arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public authority such as the London Borough of Waltham Forest to act in a manner that is incompatible with the European Convention on Human Rights.

11.7 You are referred specifically to Article 8 (right to respect for private and family life), Article 1 of the First Protocol (protection of property). It is not considered that the recommendation to grant permission in this case interferes with local residents' right to respect for their private and family life, home and correspondence, except insofar as it is necessary to protect the rights and freedoms of others (in this case, the rights of the applicant). The Council is also permitted to control the use of property in accordance with the general interest and the recommendation to grant permission is considered to be a proportionate response to the submitted application based on the considerations set out in this report.

12 RECOMMENDATION

12.1 The Planning Committee is requested to resolve that planning permission be granted, subject to the following conditions and completion of a legal agreement to include the Heads of Terms as outlined in Section 9.

12.2 That authority is given to the Head of Development Management and Building Control in consultation with the Council’s Legal Services for the sealing of the s106 Agreement and to agree any minor amendments to the conditions of the s106 Agreement on the terms set out above including any other matters.

12.3 Conditions

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. The development hereby approved shall be built in accordance with the following Drawing Nos:

• P1-000 to P1-006, P1-115 to P1-123, P1-150 to P1-151, P2-002, P3-001 received 5th November 2013;

• P1-110A, P1-111A, P2-001A received 7th February 2014; and

• P1-112A to P-114A, P1-124A to P1-129A, P1-130 to P1-135 received 12th February 2014.

3. During the course of construction and carrying out of the development approved, access shall be provided to Council officers and their agents to ensure that any unforeseen contamination problems are recognised and any such contamination shall be

(Item 5.2)

treated by remedial action specified by the Council or their agent or as agreed in writing.

4. Notwithstanding any indications shown on the submitted plans, samples and a schedule of materials shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the relevant part of the development. The development shall thereafter be carried out in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.

5. Prior to the commencement of the relevant part of the development, a plan indicating the positions, design, materials and type of boundary treatment and other means of enclosure to be erected has been submitted to, and approved in writing by the Local Planning Authority. The boundary treatment shall be completed prior to occupation of any of the units hereby permitted. The development shall be carried out in accordance with the approved details and thereafter permanently retained.

6. The development hereby permitted, as detailed in the submitted and approved drawings, shall be built to ‘Lifetime Homes’ standards, and thereafter retained to those standards.

7. Prior to commencement of the relevant part of development, a scheme of hard and soft landscape works which shall include a survey of all existing trees and hedgerows on the land, indicating those to be retained and those to be lost shall be submitted to and approved in writing by the Local Planning Authority. Details of those to be retained, together with measures for their protection in the course of the development, shall also be submitted and approved, and carried out in accordance with such approval, prior to any demolition or any other site works, and retained until the development is completed. Soft landscape works shall include: planting plans, and schedules of plants, noting species, plant sizes and proposed numbers/densities within a planting schedule, also the method of planting including soil composition, tying and staking, a maintenance care regime including mulching and watering and the replacement of any species that die within 5 years of planting.

8. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out not later than the first planting and seeding seasons prior to the first occupation of any of the residential units, or the completion of the development, whichever is the sooner. Any new trees or shrubs which, within a period of 5 years from the completion of the development, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season, with others of a similar size and species, unless the Local Planning Authority agrees any variation in writing.

9. Notwithstanding any indication on the submitted drawings, a schedule showing the number and location of all cycle parking spaces and details of secure and sheltered cycle storage facilities [including their design and materials] shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the relevant part of the development. The agreed

(Item 5.2)

facilities shall be fully implemented prior to occupation of any of the dwellings and shall be permanently retained thereafter.

10. The development hereby permitted shall not be occupied until a scheme for the storage and disposal of refuse / waste / and recycling materials has been submitted to and approved in writing by the Local Planning Authority and agreed facilities and access arrangements provided prior to first occupation of any of the residential units hereby approved and thereafter retained in the agreed form.

11. Development shall not commence until a surface water drainage system based on sustainable drainage principles has been submitted to and approved in writing by the Local Planning Authority prior to commencement of development. The scheme shall be subsequently implemented in accordance with the approved details before the development is completed.

12. A minimum of eight of the residential units hereby permitted shall be built as wheelchair accessible housing or adaptable to wheelchair housing, details which are to be submitted to and approved in writing by the Local Planning Authority prior to occupation of any of these wheelchair accessible housing or wheelchair adaptable housing and thereafter permanently retained.

13. Notwithstanding the provisions of the Town and Country Planning (General Permitted development) Order 1995 as amended, (or any order revoking and re-enacting that order), no windows or openings, other than those shown on the drawings hereby approved shall be installed in any elevation [including the roofs] of any of the residential units hereby permitted without planning permission having first been obtained via the submission of a planning application to the Local Planning Authority.

14. Prior to commencement of the relevant part of the development, details that show how the principles and practices of Secured by Design to minimise the risk of crime in a visually acceptable manner and meet the specific security needs of the application site / development shall be submitted to and approved in writing by the Local Planning Authority. Such details shall be approved prior to occupation of any of the residential units and thereafter retained.

15. Prior to commencement of the relevant part of the development, details of any form of external illumination and / or external lighting on the buildings and around the site shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented prior to the first occupation of any of the residential units hereby permitted.

16. Prior to commencement of development, a Construction and Demolition Method Statement shall be submitted to and approved in writing by the Local Planning Authority for a management scheme whose purpose shall be to control and minimise emissions of pollutants from and attributable to the demolition and / or construction of the development. This should include a risk assessment and a method statement in accordance with the control of dust and emissions from construction and demolition Best

(Item 5.2)

Practice Guidance published by London Councils and the Greater London Authority. The scheme shall set out the secure measures, which can, and will, be put in place.

17. Within the proposed residential units hereby permitted [with windows closed], the following internal noise levels shall be achieved; 35 dB(A) Leq 16 hours 07:00 hrs to 23:00 hrs in living rooms, while 30dB(A) Leq 8 hours in bedrooms and no individual noise event to exceed 45dB(A) max [measured with F time weighting] 23:00 hrs to 07:00 hrs. Details of sound insulation shall be submitted to and approved in writing prior to any part of the development reaching two storeys.

18. The development shall meet a minimum Level 4 of Code for Sustainable Homes. Independent verification shall be provided to the Local Planning Authority prior to first occupation of any of the residential units hereby permitted and thereafter permanently retained.

19. No impact piling [if applicable] shall take place until a piling method statement [detailing the type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface water infrastructure, and the programme for the works] has been submitted to and approved in writing by the Local Planning Authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement.

20. Prior to commencement of development, details of electric charging point locations and technical specifications [to be provided at a level of 20% of all spaces] shall be submitted to and approved in writing by the Local Planning Authority. Such details as approved shall be implemented in accordance with the approved details prior to first use or occupation of any part of the development and thereafter permanently retained.

21. The proposed D2 use shall only be for purposes within the D2 use class as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any equivalent Class or provision in any statutory instrument revising, or revoking and re-enacting that Order with or without modification).

22. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 [or any order revoking or re-enacting that order with or without modification], no development which would otherwise fall within Classes A, B, D, E and F in Part 1 of Schedule 2 to that Order shall be carried out on any house within this development without the prior written permission of the Local Planning Authority.

12.4 Reasons

1. To comply with the provisions of Section 91 of the Town & Country Planning Act 1990.

2. For the avoidance of doubt and in the interests of proper planning.

(Item 5.2)

3. In the interests of the future health of occupiers of the development and to prevent pollution of groundwater, in accordance with Policy CS13 of the Waltham Forest Local Plan Core Strategy [2012].

4. To ensure a satisfactory appearance in accordance with Policy CS15 of the Waltham Forest Local Plan Core Strategy [2012].

5. To safeguard the amenity of neighbouring residents and the character of the locality in accordance with the Policy CS15 of the Waltham Forest Local Plan Core Strategy [2012].

6. To ensure inclusive development and provision of Lifetime Homes standard housing in accordance with Policy CS15 of the Waltham Forest Local Plan Core Strategy [2012].

7. To safeguard the appearance and character of the area, and to enhance the appearance of the development in accordance with Policies CS5 and CS15 of the Waltham Forest Local Plan Core Strategy [2012].

8. To safeguard the appearance and character of the area, and to enhance the appearance of the development in accordance with Policies CS5 and CS15 of the Waltham Forest Local Plan Core Strategy [2012].

9. To ensure that adequate cycle parking is available on-site and to promote sustainable modes of transport in accordance with Policy CS7 of the Waltham Forest Local Plan Core Strategy [2012].

10. To ensure adequate standards of hygiene and refuse / waste collection without prejudice to the enjoyment by neighbouring occupiers of their properties in accordance with Policies CS6 and CS15 of the Waltham Forest Local Plan Core Strategy [2012].

11. To prevent the increased risk of flooding, both on- and off-site ensure that adequate drainage facilities are provided in accordance with Policies CS4 and CS15 of the Waltham Forest Local Plan Core Strategy [2012].

12. To ensure adequate provision of wheelchair accessible housing is provided as part of the development and to respond to future housing needs for those with disabilities in accordance with Policy CS2 of the Waltham Forest Local Plan Core Strategy [2012].

13. To enable the Local Planning Authority to control the form of any additional development to protect the amenity of neighbours in accordance with Policies CS13 and CS15 of the Waltham Forest Local Plan Core Strategy [2012].

14. In the interests of creating safer and more sustainable communities and to safeguard amenity by reducing the risk of crime and the fear of crime, in accordance with Section 17 of the Crime & Disorder Act 1998 and Policy CS16 of the Waltham Forest Local Plan Core Strategy [2012].

15. In the interests of visual amenity and security in accordance with Policy CS13 of the Waltham Forest Local Plan Core Strategy [2012].

16. To protect the living conditions, in the interests of the health of existing occupiers within the locality, in accordance with Policy CS13 of the Waltham Forest Local Plan Core Strategy [2012].

(Item 5.2)

17. To protect the living conditions of future occupiers of the development in accordance with Policy CS15 of the Waltham Forest Local Plan Core Strategy [2012].

18. In the interest of sustainability, energy efficiency and to provide a high quality development in accordance with Policy CS15 of the Waltham Forest Local Plan Core Strategy [2012].

19. To prevent the increased risk of flooding, both on- and off-site and to ensure that adequate drainage facilities are safeguarded in accordance with Policies CS4 and CS15 of the Waltham Forest Local Plan Core Strategy [2012].

20. In the interest of sustainability and to provide a high quality development in accordance with policy CS15 of the Waltham Forest Local Plan Core Strategy [2012].

21. To ensure a compatible use within a town centre location and to protect the living conditions of nearby residential occupiers in accordance with Policies DM25 and DM32 of the Waltham Forest Local Plan Development Management Policies [2013].

22. To safeguard the character of the area by restricting the amount of site coverage and size of dwelling and to safeguard the amenity of neighbouring residents in accordance with Policies CS13 and CS15 of the Waltham Forest Local Plan Core Strategy [2012].

12.5 Informatives

1. A s106 Agreement has been entered into between the applicant and the London Borough of Waltham Forest in the form financial and non-financial commitments.

2. Under the Community Infrastructure Levy Act (2012), this development is subject to a Mayoral Community Infrastructure Levy and Waltham Forest Community Infrastructure Levy.

3. To assist applicants, the Local Planning Authority has produced policies and written guidance, all of which is available on the Council’s website and which offers a pre-planning application advice service. The applicant undertook the pre-application process and the Local Planning Authority delivered the decision accordingly.

4. The applicant's attention is drawn to the requirements in the attached Considerate Contractor Code of Practice, in the interests of minimising any adverse effects arising from building operations, and in particular the limitations on hours of working and avoiding deposit of mud on the highways.

5. The planning permission will impose a restriction making future residential occupiers and users of the commercial units [with the exception of Blue Badge Holders] ineligible for resident parking permits in any surrounding Controlled Parking Zone.

6. The applicant is encouraged to apply for Secured by Design accreditation where appropriate. This is a national Police initiative. It is designed to encourage the building industry to adopt crime prevention measures to assist in reducing the opportunity for crime and the fear of crime, creating safer, more secure and sustainable environments. It is recommended that the applicant apply for this award.

(Item 5.2)

7. It is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

8. In order to protect public sewers and to ensure that Thames Water can gain access to those sewers for future repair and maintenance, approval should be sought from Thames Water where the erection of a building or an extension to a building or underpinning work would be over the line of, or would come within 3m of a public sewer. Thames Water will usually refuse such approval in respect of the construction of new buildings, but approval may be granted in some cases for extensions to existing buildings. The applicant is advised to contact Thames Water Developer Services to discuss the options available at this site.

9. Where a developer proposes to discharge groundwater into a public sewer, a groundwater discharge permit will be required. Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation. Groundwater permit enquiries should be directed to Thames Water's Risk Management Team. Application forms can be completed on line via www.thameswater.co.uk/wastewaterquality. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act [1991].

10. Thames Water will aim to provide customers with a minimum pressure of 10m head [approx. 1 bar] and a flow rate of 9 litres / minute at the point where it leaves Thames Water pipes. The developer should take account of this minimum pressure in the design of the proposed development.

11. Secured by Design measures should follow the design principles set out in the relevant Design Guides on the Secured by Design website: http://www.securedbydesign.com/guides/index.aspx and shall include the following requirements:

• All main entrance door sets to individual dwellings and communal entrance door sets shall be made secure to standards, independently certified, set out in BS PAS 24-1:1999 ‘Security standard for domestic door sets’;

• All window sets on the ground floor of the development and those adjacent to flat roofs or large rainwater pipes [downpipes] shall be made secure to standards,

(Item 5.2)

independently certified, set out in BS.7950 ‘Security standard for domestic window sets’.

13 BACKGROUND DOCUMENTS

13.1 Those as submitted with the planning application.