Agenda item

125-131 Kirkdale Committee Report

Meeting of Planning Committee B, Thursday, 17th October, 2019 7.30 pm (Item 8.)

Decision:

RESOLVED that planning permission be granted subject to the following

conditions and informatives:

CONDITIONS:

1.STANDARD TIME CONDITION

The development to which this permission relates must be begun not later

than the expiration of three years beginning with the date on which the

permission is granted.

Reason: As required by Section 91 of the Town and Country Planning Act 1990.

2. DEVELOPMENT IN ACCORDANCE WITH APPROVED PLANS

The development shall be carried out strictly in accordance with the

application plans, drawings and documents hereby approved and as detailed

below:

P2-05; P2-06; P3-01 Rev.A; PA-02; A2-01 Rev.A; A4-01 Rev.C; A4-02 Rev.A; A4-03 Rev.A; A6-03; NOV-XX-XX-DR-M-5701; 615/SE26/20/1_SLP01

Reason: To ensure that the development is carried out in accordance with

the approved documents, plans and drawings submitted with the application

and is acceptable to the local planning authority.

3. BUILDING FABRIC SOUND INSULATION

(a) The building shall be designed so as to provide sound insulation

against external noise and vibration, to achieve levels not exceeding 30dB

LAeq (night) and 45dB LAmax (measured with F time weighting) for

bedrooms, 35dB LAeq (day) for other habitable rooms, with window shut and

other means of ventilation provided. External amenity areas shall be designed

to achieve levels not exceeding 55 dB LAeq (day) and the evaluation of

human exposure to vibration within the building shall not exceed the Vibration

dose values criteria ‘Low probability of adverse comment’ as defined BS6472.

(b) Following implementation of the sound insulation scheme pursuant to

part (a), a compliance report, prepared by a suitably qualified sound engineer,

must be submitted to and approved in writing by the Local Planning Authority.

scheme and all recommendations outlined in the submitted Noise and

Vibration Assessment (Hepworth Acoustics dated November 2019), and any

subsequent recommendations arising from the compliance report pursuant to

part (b) have been implemented in full. Thereafter, the sound insulation

scheme shall be maintained in perpetuity in accordance with the approved

details.

Reason: To safeguard the amenities of the occupiers of the proposed

dwellings and to comply with DM Policy 26 Noise and vibration, DM Policy 31

Alterations and extensions to existing buildings including residential

extensions, DM Policy 32 Housing design, layout and space standards, and

DM Policy 33 Development on infill sites, backland sites, back gardens and

amenity areas of the Development Management Local Plan (November

2014).

4.SOUNDPROOFING BETWEEN RESIDENTIAL AND COMMERCIAL

(a) The development shall be designed to incorporate soundproofing of a

specification for sound insulation against airborne noise to meet D’nT,w + Ctr

dB of not less than 55 for walls and/or ceilings where residential parties non

domestic.

(b) Following implementation of the soundproofing pursuant to part (a), a

compliance report, prepared by a suitably qualified sound engineer, must be

submitted to and approved in writing by the Local Planning Authority.

recommendations outlined in the submitted Noise and Vibration Assessment

(Hepworth Acoustics dated November 2019), and any subsequent

recommendations arising from the compliance report pursuant to part (b) have

been implemented in full. Thereafter, the sound insulation scheme shall be

maintained in perpetuity in accordance with the approved details.

Reason: In the interests of residential amenity and to comply with DM Policy

26 Noise and vibration, DM Policy 31 Alterations and extensions to existing

buildings including residential extensions, DM Policy 32 Housing design,

layout and space standards, and DM Policy 33 Development on infill sites,

backland sites, back gardens and amenity areas of the Development

Management Local Plan (November 2014).

5. CONTROL OF NOISE AND VIBRATION FROM PLANT

(a) The rating level of the noise emitted from fixed plant on the site shall be

5dB below the existing background level at any time. The noise levels shall be

determined at the façade of any noise sensitive property. The measurements

and assessments shall be made according to BS4142:2014.

(b) The development shall not be occupied until the sound insulation

scheme and all recommendations outlined in the submitted Noise and

Vibration Assessment (Hepworth Acoustics dated November 2019) have

implemented in their entirety. Thereafter the scheme shall be maintained in

perpetuity.

Reason: To safeguard the amenities of the adjoining premises and the area

generally and to comply with DM Policy 26 Noise and vibration of the

Development Management Local Plan (November 2014).

6.COMMERCIAL FIT OUT OF PUBLIC HOUSE

(a) Prior to installation of the internal fit-out of the public house, plans (1:50

scale) with details showing the physical fit out, including but not limited to floor

finish, ceilings, ventilation, sanitary ware and entrances for the A4 Public

House hereby approved must be submitted to and approved in writing by the

local planning authority.

(b) No residential dwellings whatsoever shall be occupied until the internal

fit out of the public house has been completed in full accordance with the

approved details and shall be maintained for the life of the development.

Reason: To ensure that the fit-out of the units is sufficient to ensure that they

are an attractive and commercially viable option and to demonstrate the

developers commitment to delivering the public house (Use Class A4) as part

of this development in accordance with Policy 19 Provision and maintenance

of community and recreational facilities of the Lewisham Core Strategy (2011)

and Policy 20 Public Houses of the Development Management Local Plan

(2014).

7.SHOPFRONT DETAILS

(a) Prior to first residential occupation, plans and sectional details at a

scale of 1:10 or 1:20 showing the proposed shop fronts must be submitted to

and approved in writing by the local planning authority. Such information

should demonstrate the location of the fascia sign, the window system, the

stall riser (if included), canopies, awnings and the entrance.

(b) The development shall be constructed in full accordance with the

approved details.

Reason: In order that the local planning authority may be satisfied with the

details of the proposal and to accord with Policy 15 High quality design for

Lewisham of the Core Strategy (June 2011) and Development Management

Local Plan (November 2014) DM Policy 19 Shopfronts, signs and hoardings.

8. REFUSE AND RECYCLING STORAGE

The refuse and recycling storage facilities as shown on plan No.P2-05 shall

be provided in full prior to occupation of the development and shall thereafter

be permanently retained and maintained.

Reason: In order that the local planning authority may be satisfied with the

provisions for recycling facilities and refuse storage in the interest of

safeguarding the amenities of neighbouring occupiers and the area in general,

in compliance with Development Management Local Plan (November 2014)

DM Policy 30 Urban design and local character and Core Strategy Policy 13

Addressing Lewisham waste management requirements (2011).

9.CYCLE PARKING

The cycle parking facilities as shown on plan No.P2-05 shall be provided in

full prior to first residential occupation of the development and shall thereafter

be permanently retained and maintained.

Reason: In order to ensure adequate provision for cycle parking and to

comply with Policy 14: Sustainable movement and transport of the Core

Strategy (2011).

10.HARD LANDSCAPING

(a) Prior to occupation of the development drawings showing hard

landscaping of any part of the site not occupied by buildings (including details

of the permeability of hard surfaces) shall be submitted and approved in

writing by the local planning authority.

(b) All hard landscaping works which form part of the approved scheme

under part (a) shall be completed prior to occupation of the development.

Reason: In order that the local planning authority may be satisfied as to the

details of the proposal and to comply with Policies 5.12 Flood risk

management and 5.13 Sustainable Drainage in the London Plan (2015),

Policy 15 High quality design for Lewisham of the Core Strategy (June 2011)

and Development Management Local Plan (November 2014) Policy 25

Landscaping and trees, and DM Policy 30 Urban design and local character.

11.BOUNDARY TREATMENTS

(a) Details of the proposed boundary treatments including any gates, walls

or fences shall be submitted to and approved in writing by the local planning

authority prior to occupation of the development.

(b) The approved boundary treatments shall be implemented prior to

occupation of the buildings and retained in perpetuity.

Reason: To ensure that the boundary treatment is of adequate design in the

interests of visual and residential amenity and to comply with Policy 15 High

quality design for Lewisham of the Core Strategy (June 2011) and DM Policy

30 Urban design and local character of the Development Management Local

Plan (November 2014).

12.VENTILATION AND EXTRACTION SYSTEM

(a) Detailed plans and a specification of the appearance of and the

equipment comprising a ventilation system which shall include measures to

alleviate noise, vibration, fumes and odours (and incorporating active carbon

filters, silencer(s) and anti-vibration mountings where necessary) shall be

submitted to and approved in writing by the local planning authority.

(b) The ventilation system shall be installed in accordance with the

approved plans and specification before use of the A4 Public House hereby

permitted first commences and shall thereafter be permanently maintained in

accordance with the approved specification.

Reason: To safeguard the amenities of the adjoining premises and the area

generally and to comply with Policy 17 Restaurants and cafes (A3 uses) and

drinking establishments (A4 uses) of the Development Management Local

Plan (November 2014).

13.EXTERNAL LIGHTING

(a) Prior to occupation of the development, a scheme for any external

lighting that is to be installed at the site, including measures to prevent light

spillage shall be submitted to and approved in writing by the local planning

authority.

(b) Any such external lighting as approved under part (a) shall be installed

prior to residential occupation in accordance with the approved drawings and

such directional hoods shall be retained permanently.

minimum needed for security and working purposes and that the proposals

minimise pollution from glare and spillage.

Reason: In order that the local planning authority may be satisfied that the

lighting is installed and maintained in a manner which will minimise possible

light pollution to the night sky and neighbouring properties, and to ensure a

secure and welcoming entrance to future residents in compliance with DM

Policy 27 Lighting and DM Policy 32 Housing Design and Space Standards of

the Development Management Local Plan (November 2014).

14.DEIVERY AND SERVICING

(a) The development shall not be occupied until a Delivery and Servicing

Plan has been submitted to and approved in writing by the local planning

authority.

(b) The plan shall demonstrate the expected number and time of delivery

and servicing trips to the site, with the aim of reducing the impact of servicing

activity. It should also include scaled swept path drawings, showing how

delivery and refuse vehicles will enter and egress from Willow Way.

accordance with the approved details from the first occupation of the

development and shall be adhered to in perpetuity.

Reason: In order to ensure satisfactory vehicle management and to comply

with Policy 14 Sustainable movement and transport of the Core Strategy

(June 2011).

15. SATELLITE DISHES

Notwithstanding the Town and Country Planning (General Permitted

Development) Order 1995 (or any Order revoking, re-enacting or modifying

that Order), no satellite dishes shall be installed on the Kirkdale elevation of

the building.

Reason: In order that the local planning authority may be satisfied with the

details of the proposal and to accord with Policy 15 High quality design for

Lewisham of the Core Strategy (June 2011) and DM Policy 30 Urban design

and local character of the Development Management Local Plan (November

2014).

16. PLUMBING & PIPES

Notwithstanding the Town and Country Planning (General Permitted

Development) Order 1995 (or any Order revoking, re-enacting or modifying

that Order), no plumbing or pipes, other than rainwater pipes, shall be fixed on

the front or rear external faces of the building.

Reason: In order that the local planning authority may be satisfied with the

details of the proposal and to accord with Policy 15 High quality design for

Lewisham of the Core Strategy (June 2011) and DM Policy 30 Urban design

and local character of the Development Management Local Plan (November

2014).

17. OBSCURE GLAZED WINDOW

Notwithstanding the Town and Country Planning (General Permitted

Development) Order 2015 (or any Order revoking, re-enacting or modifying

that Order), the living room and bathroom windows to Apartment A-04, and

the bathroom window to Apartment A-03 to be installed at second floor level in

the north facing courtyard elevation of the building hereby approved shall be

fitted as obscure glazed and fixed shut up to 1.7m above finished floor level

and retained in perpetuity.

Reason: To avoid the direct overlooking of adjoining properties and

consequent loss of privacy thereto and to comply with DM Policy 31

Alterations and extensions to existing buildings including residential

extensions, DM Policy 32 Housing design, layout and space standards, DM

Policy 32 Housing design, layout and space standards of the Development

Management Local Plan (November 2014).

18.RETENTION OF AMENITY SPACE

The whole of the amenity space (including roof terraces and balconies) as

shown on drawing No.PA-02 hereby approved shall be installed prior to

residential occupation and retained permanently for the benefit of the

occupiers of the residential units hereby permitted.

Reason: In order that the local planning authority may be satisfied as to the

amenity space provision in the scheme and to comply with Policy 15 High

quality design for Lewisham of the Core Strategy (June 2011) and DM Policy

32 Housing Design, layout and space standards of the Development

Management Local Plan (November 2014).

19.DELIVERY HOURS

No deliveries shall be taken at or despatched from the site other than between

the hours of 7 am and 8 pm on Mondays to Fridays, 8 am and 1 pm on

Saturdays, or at any time on Sundays or Public Holidays.

Reason: In order to safeguard the amenities of adjoining residents and to

comply with Paragraph 120 of the National Planning Policy Framework, and

DM Policy 26 Noise and Vibration, and DM Policy 32 Housing design, layout

and space standards of the Development Management Local Plan (November

2014).

20.OPENING HOURS OF PUBLIC HOUSE

The A4 premises shall only be open for customer business between the hours

of 08.00 and 00.00 on any day of the week.

Reason: In order to safeguard the amenities of adjoining occupants at

unsociable periods and to comply with Paragraph 120 of the National

Planning Policy Framework and DM Policy 26 Noise and Vibration, DM Policy

32 Housing design, layout and space standards, DM Policy 16 Local shopping

parades and corner shops, DM Policy 17 Restaurants and cafes (A3 uses),

and drinking establishments (A4 uses) of the Development Management

Local Plan (November 2014).

21.MUSIC AND AMPLIFIED SOUND

No music, amplified sound system shall be used which is audible outside the

premises or within adjoining buildings.

Reason: To safeguard the amenities of the adjoining premises and the area

generally and to comply with Paragraph 120 of the National Planning Policy

Framework and DM Policy 26 Noise and Vibration and DM Policy 32 Housing

design, layout and space standards of the Development Management Local

Plan (November 2014).

22.OUTDOOR AREA MANAGEMENT PLAN

(a) Details of any designated outdoor areas for customer use relating to

the A4 Public House, including a management plan setting out measures

including preventative measures to safeguard neighbouring amenity and

established review mechanisms, shall be submitted to and approved in writing

by the local planning authority prior to first occupation of the commercial unit.

Any approved plan shall be maintained in perpetuity unless with the approval

of the local planning authority.

(b) The management plan shall be fully implemented prior to first use of

the public house, and evidence shall be submitted to the local planning

authority within 6 months of first occupation of the commercial premises to

demonstrate compliance.

Reason: To safeguard the amenities of the adjoining premises and the area

generally and to comply with DM Policy 26 Noise and vibration of the

Development Management Local Plan (November 2014).

23.PARKING PERMIT RESTRICTION

No developer, owner or occupier of any part of the development hereby

permitted, with the exception of disabled persons, shall seek, or will be

allowed, to obtain a parking permit within the Controlled Parking Zone in

which the development site is situated.

Reason: To ensure the proposed dwellings do not have an unacceptable

impact on parking stress in the surrounding area, and in compliance with

London Plan Policy 6.13, Draft London Plan Policy T6, Core Strategy Policy

14 Sustainable Movement and Transport and DM Policy 29 Car parking.

24.CONSTRUCTION MANAGEMENT PLAN COMPLIANCE

The works shall be constructed in full accordance with the measures specified

in the submitted Construction Management Plan (Bernard Construction) and

shall be adhered to during the period of construction.

Reason: In order to ensure satisfactory vehicle management and to comply

with Policy 14 Sustainable movement and transport of the Core Strategy

(June 2011), and Policy 5.3 Sustainable design and construction, Policy 6.3

Assessing effects of development on transport capacity and Policy 7.14

Improving air quality of the London Plan (2015).

Informatives

A. Positive and Proactive Statement: The Council engages with all applicants

in a positive and proactive way through specific pre-application enquiries and

the detailed advice available on the Council’s website. On this particular

application, positive and proactive discussions took place with the applicant

prior to the application being submitted through a pre-application discussion.

As the proposal was in accordance with these discussions and was in

accordance with the Development Plan, no contact was made with the

applicant prior to determination.

B. As you are aware the approved development is liable to pay the

Community Infrastructure Levy (CIL) which will be payable on commencement

of the development. An 'assumption of liability form' must be completed and

before development commences you must submit a 'CIL Commencement

Notice form' to the council. You should note that any claims for relief, where

they apply, must be submitted and determined prior to commencement of the

development. Failure to follow the CIL payment process may result in

penalties. More information on CIL is available at: -

http://www.lewisham.gov.uk/myservices/planning/apply-for-planning-

permission/application-process/Pages/Community-Infrastructure-Levy.aspx

C.You are advised that all construction work should be undertaken in

accordance with the "London Borough of Lewisham Code of Practice for

Control of Pollution and Noise from Demolition and Construction Sites"

available on the Lewisham web page.

D. You are advised to contact the Council's Drainage Design team on 020

8314 2036 prior to the commencement of work.

E. The assessment of the light spill and lux level at the window of the nearest

residential premises shall follow the guidance provided in The Institution of

Lighting Engineers, Guidance Notes for the Reduction of Obtrusive Light.

F.The applicant be advised that the implementation of the proposal will

require approval by the Council of a Street naming & Numbering application.

Application forms are available on the Council's web site.

G.The weighted standardised level difference (D’nT,W + Ctr) is quoted

according to the relevant part of the BS EN ISO 717 series. To guarantee

achieving this level of sound insulation, the applicant is advised to employ a

reputable noise consultant details of which can be found on the Association of

Noise Consultants website.

Minutes:

The report was introduced by the Planning Officer, Samuel James, who

outlined the proposals, the key planning considerations and the objections

which had been received. He confirmed the application was partly

retrospective but that it was very similar to a prior application which had

previously been given permission.

Councillor Sheikh asked if any affordable housing would be provided within

the development and was informed that as less than 10 units were involved

none could be required.

Councillor Clarke received confirmation that the management of outdoor

space was conditioned and that noise controls would be within national

standards and acceptable living conditions would be achieved.

Tim Cropper, a Planning Consultant next made a presentation. He related the

planning history subsequent to the closure of the pub in 2013. He explained

the several flaws in the original application which he attributed to the previous

property owner. The cumulative changes that were required had led him to

conclude that a new application was needed.

Councillor Sheikh reiterated her concerns about the general lack of sufficient

affordable housing in the borough. Mr Cropper said he understood the

viewpoint and pointed out boroughs such as Lambeth and Islington had

different policies which required the consideration of affordable housing in all

developments. He said he promoted developments which accorded with

planning policies and that it was not financially viable in this case to offer

affordable units that were not dictated by extant policy.

Mary McKernan of the Sydenham Society spoke in objection to the

application. She expressed surprise that no reference had been made to the

dismissal of an appeal by the applicant on the grounds of significant departure

from the initially approved plans. She expressed concerns about the lack of

scale drawings, ceiling heights, potential noise, bicycle storage, use of outside

space and the site planning history. She believed habitable room sizes were

below minimum standards and that windows of separate flats would face one

another directly at half the minimum required distance She said granting

permission could set a dangerous precedent.

Planning Team Leader, Angus Saunders, said he was not aware of the

Inspectorate’s September 20 decision and would investigate further internally.

However he indicated the decision vindicated the stance taken by Planning

Officers who did not believe a minor material amendment application was

sufficient and that the process demanding a full planning consideration was

the correct option.

In the general debate on the application, members sought assurances that the

ground floor pub would be retained and was viable. Planning officers pointed

out the Council had robust pub protection policies in place. Additionally fit out

was required before any residential units could be occupied and any future

change of use would require planning permission.

Councillor Clarke said she had remaining concerns about the ceiling heights,

the inability of the proposed pub to be a music venue and the amenities

available to potential residents.

Councillor Gibbons asked if any refusal of the application would be

problematic given the planning history. The Legal representative advised the

Committee that a similar application had previously been granted permission

and that planning policies had not changed since then. She stated the

authority would have great difficulty in sustaining an appeal.

The Chair, seconded by Councillor Muldoon, proposed that the officer

recommendation be accepted. This motion was put to the vote and agreed by

4-1 with 1 abstention.

Votes in Favour: Councillors Gallagher, Gibbons, Muldoon and Mallory

Votes Against: Councillor Clarke

Votes in Abstention: Councillor Sheikh