Read the text of this document (38 pages)
Hillingdon Planning Committee – 05.09.2024
PART 1 – Members, Public & Press
Report of the Head of Development Management and Building
Control Committee Report – Application Report
Case Officer: Alan Corcoran 585/APP/2024/1558
Date Application
Valid:
11.06.24 Statutory / Agreed
Determination
Deadline:
11.09.24
Application
Type:
Full Ward: Hillingdon West
Applicant: Anchor Hanover Group
Site Address: Land off Thompson Road and St Luke's Road
Proposal: Change of use of site containing 72 assisted
living units (Use Class C2) with ancillary
communal facilities, parking, and landscaped
areas, to residential accommodation for primary
occupiers aged over 55 (Use Class C3)
Summary of
Recommendation:
GRANT planning permission subject to
conditions
Reason Reported
to Committee:
Required under Part 1 of the Planning Scheme of
Delegation (Major application recommended for
approval)
Hillingdon Planning Committee – 05.09.2024
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Summary of Recommendation:
GRANT planning permission subject to the completion of a
satisfactory section 106 legal agreement to secure the heads of
terms set out below, and subject to the conditions as set out in
Appendix 1.
Section 106 Heads of Terms are as follows:
1. 100 per cent affordable housing provision (72 Social Rent Units).
2. Occupation restrictions to ensure the primary resident of each unit is over 55
years old.
1 Executive Summary
1.1
1.2
1.3
1.4
1.5
1.6
1.7
This proposal seeks to change the use of the consented, constructed, and
unoccupied development previously approved under planning application reference
585/APP/2019/829.
The applicant proposes changing the use of the building from 72 assisted living
apartments (Use Class C2) to 72 residential units for primary occupiers aged over
55 (Use Class C3), together with communal facilities. All units are proposed to be
Social Rent
ed affordable housing units.
The building and development of the broader site have been completed under
previous approvals, and no physical works are proposed to the site through this
application, except for the provision of additional cycle parking to respond to the
proposed C3 use.
The Council’s Housing Team has reviewed and fully supports the proposal, stating
it is ‘critical to meeting the borough’s housing needs.’ The Council’s Planning Policy
Team raise no objection, subject to a condition restricting primary occupiers to
being
over 55 years old. This would be included within a S106 legal agreement.
The Council’s Highways Team raise no objection subject to conditions, which have
been attached.
No public comments have been received.
The proposed change of use from 72 assisted living apartments (Use Class C2) to
72 residential units for primary occupiers aged over 55 (Use Class C3) to include
100 per cent affordable housing is considered appropriate.
Therefore, approval is recommended subject to the conditions in Appendix 1.
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2 The Site and Locality
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
The 0.62-hectare application site forms part of St Andrew's Park (the former RAF
Uxbridge Site), located within Uxbridge Town Centre. The site is bounded by St
Andrew's Road to the south and west, by St Luke's Road to the north, and by
Thompson Road to the
east.
The site is designated within a Hotel a nd Office Growth Location (Uxbridge Town
Centre), as 'New Homes: St Andrews Park (Formerly RAF Uxbridge),' and within a
Developed Area as identified in Hillingd on Local Plan Part 1 Strategic Policies
(2012).
The Council granted planning permission in 2020 (reference 585/APP/2019/829)
for the following development on the site:
'Erection of a building containing 72 assisted living apartments and communal
facilities (Use Class C2) with associated parking and
landscaping.'
Following the discharge of the relevant conditions and several Council -approved
minor amendments, the planning permission was implemented, and the building is
now complete, though it remains unoccupied.
The existing development contains 16 one-bedroom and 56 two-bedroom units (72
units). The building is arranged in an 'L' shape along the southern and eastern site
boundaries, with car parking and landscaping to the north. The building ranges from
seven storeys in height at the southwestern corner, stepping down to five storeys
to the north and east along the boundary with St Andrew's Road. Undercroft car,
motorcycle, and cycle parking, refuse storage, and a plant area are located at the
lower ground floor level. There are communal facilities such as a café, lounge, and
hair salon on the ground floor.
The site is not located within a Conservation Area, and there are no Listed Buildings
within or adjacent to the subject site.
The application site lies within Flood Zone 1,
the area least at risk from flooding. It is not within a Critical Drainage Area or
impacted by surface water flooding.
The area north of the site comprises unoccupied and semi -derelict former RAF
accommodation, which is likely to be re developed in the future. To the east and
south of the site is the Dowding Public Park and new residential development.
Figure 1: Location Plan (application site edged red)
Hillingdon Planning Committee – 05.09.2024
PART 1 – Members, Public & Press
Figure 2: Street View Image of the Application Property
3 Proposal
3.1
The applicant seeks to change the use of the unoccupied 9,225 sq. m. (gross
internal floor area) building from 72 one - and two-bedroom assisted- living
apartments (Use Class C2) to 72 age -restricted residential accommodation (Use
Class C3) for primary residents over 55 years old.
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3.2
3.3
3.4
3.5
The proposed scheme would provide 100 per cent affordable housing, all Social
Rent apartments.
Use Class C2, which is for care home accommodation, provides both personal care
and accommodation as a single package. In contrast, Use Class C3, with a
restriction for people over 55, is 'special ist older persons housing,' specifically
designed and manage
d for older people, with no element of care provided.
The application does not propose physical changes to the building or broader site,
except for additional cycle parking, electric vehicle charging infrastructure, mobility
scooter storage and charging facilities, and landscaping.
The ancillary communal areas comprising the café, lobby, and hairdressers would
be retained as previously approved.
Figure 3: Proposed Plan (please note – larger version of plan can be found in the
Committee Plan Pack)
4 Relevant Planning History
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4.1
A list of the relevant planning history related to the property can be found in
Appendix 2.
4.2
4.3
4.4
4.5
4.6
4.7
The Council granted planning permission for 585/APP/2019/829 on 18 February
2020 for the following development:
‘Erection of a building containing 72 assisted living apartments and communal
facilities (Use Class C2) with associated parking and landscaping.’
This permission granted a Class C2 use subject to a S106 Agreement specifying a
range of occupancy restrictions and requirements for the ongoing occupation of the
development to ensure that the site is occupied in a Class C2 use.
No affordable housing or CIL contributions were secured through this application
due to the nature of the C2 Use Class accommodation.
Following the approval of this applicati on, all details reserved by condition have
been approved by the Council. These include the landscaping, external materials,
and site management.
Slight amendments have been made to the previously approved scheme through
non
-material amendments (NMA). The Council granted permission for NMA
reference 585/APP/2022/131 for changes to the internal layout, changes to the
external elevations, and the introduction of roof terraces. Following this, the specific
requirements for parking at the site were amended through an NMA (reference
585/APP/2023/1204) to alter the wording of condition 6, which specifies the number
of parking spaces and provision for disabled bays and EV charging. The Council
approved this on 24 April 2023. The Council also granted planning permission on
22 May 2023 under planning application reference 585/APP/2023/811 for the
installation of rooftop plant and acoustic enclosures on the approved building.
5 Planning Policy
5.1 A list of planning policies relevant to the consideration of the application can be
found in Appendix 3.
6 Consultations and Representations
6.1
6.2
The Council sent consultation letters to 366 local residents as well as The Mall
Pavilions Shopping Centre on 27 -06-24. The Council also advertised the
application with a site notice and press notice on 10-07-24.
The consultation period expired on 31 -07-24. No comments have been received
from the public.
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6.3 Representations received in response to public consultation are summarised in
Table 1 (below). Consultee responses received are summarised in Table 2 (below).
Full copies of the responses
have also separately been made available to
Members.
Table 1: Summary of Representations Received
Representations Summary of Issues
Raised
Planning Officer
Response
N/A N/A N/A
Table 2: Summary of Consultee Responses
Consultee and Summary of Comments
Planning Officer
Response
External Consultee Comments
London Fire Brigade:
No Comments.
Metropolitan Police Designing Out Crime Group:
No Comments.
Thames Water Utilities:
No Comments.
Internal Consultee Comments
Housing Team:
Fully support this proposal that is critical to meeting
the borough’s housing needs.
Urban Design Officer Comments:
No objection.
Economic Development Officer:
No objection.
Accessibility Officer Comments:
Noted
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No objection.
Refuse Recycling Officer Comments:
No objection.
Planning Policy Officer Comments:
No objection subject to the 100 per cent Social Rent
affordable housing provision being secured within a
Section 106 legal agreement and restricting
occupation to those aged over 55 years to ensure that
no new on
-site child play facilities would be required.
Highways Officer Comments:
No objection subject to conditions regarding cycle
parking provision, car parking lease, delivery and
servicing plan, parking design and management plan,
and electric vehicle charging points.
Air Quality Officer Comments:
No objection.
Noise Pollution Officer Comments:
No objection.
Environmental Health Officer (Contamination)
Comments:
No objection.
Environmental Specialist (Energy and
Biodiversity) Comments:
No objection.
The affordable
housing provision and
age restriction are to
be included within the
S106 legal
agreement.
Appropriate highways
planning conditions
are attached.
7 Planning Assessment
7.1
Principle of Development
The application site forms part of St Andrew's Park (the former RAF Uxbridge Site),
located within Uxbridge Town Centre. The site is designated within a Hotel and
Office Growth Location (Uxbridge Town Centre), as 'New Homes: St Andrews Park
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7.2
7.3
7.4
7.5
(Formerly RAF Uxbridge),' and within a Dev eloped Area as identified in Hillingdon
Local Plan Part 1 Strategic Policies (2012).
Policy H13 of The London Plan (2021) states that research has identified a potential
demand in London across all tenures for just over 4,000 specialist older persons
units a year between 2017 and 2029. Table 4.3 states that Hillingdon's annual
borough benc
hmarks for specialist older persons housing 2017-2029 are 180 units
per annum. The policy further states that these benchmarks are designed to inform
local-level assessments of specialist housing needs. Boroughs should plan
proactively to meet the identified need for older persons' accommodation.
Policy H13 continues that boroughs should work positively and collaboratively with
providers to identify sites which may be suitable for specialist older persons
housing, taking account of:
1) local housing needs information incl uding data on the local type and tenure of
demand, and the indicative benchmarks set out in Table 4.3.
2) the need for sites to be well -connected in terms of contributing to an inclusive
neighbourhood, having access to relevant facilities, social infrastructure, and health
care, and being well served by public transport.
3) the increasing need for accommodation suitable for people with dementia.
Specialist older persons housing provision should deliver:
1) affordable housing in accordance with Policy H4 Delivering affordable housing,
and Policy H5 Threshold approach to applications
2) accessible housing in accordance with Policy D7 Accessible housing
3) the highest standards of accessible and inclusive design in accordance with
Policy D5 Inclusive design
4) suitable levels of safe storage and ch arging facilities for residents’ mobility
scooters
5) pick up and drop off facilities close to the principal entrance suitable for taxis
(with appropriate kerbs), minibuses and ambulances.
Paragraph 4.13.5 of The London Plan (2021) states that specialist older persons
housing does not provide an element of care but is specifically designed and
managed for older people (minimum age of 55 years). Paragraph 4.13.6 states that
the requirements of Policy H13 also cover specialist older persons housing that has
the following attributes:
i. where care is provided or available;
a. there are separate contracts/agreeme nts in place for the personal care and
accommodation elements, and/or
b. residents have a choice as to who provides their personal care
ii. housing is occupied under a long leas e or freehold, or a tenancy agreement,
licensing agreement, license to occupy premises or a leasehold agreement
iii. housing provided is specifically designed and managed for older people
(minimum age of 55 years)
iv. likely CQC-regulated activity will be 'personal care'
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7.6
7.7
7.8
7.9
7.10
7.11
7.12
Policy DMTC 1 of the Hillingdon Local Plan Part 2 Development Management
Policies (2020) states that the Council will support 'main town centre uses' where
the development proposal is consistent with the scale and function of the centre.
Policy DMH 1 of the Hillingdon Local Plan Part 2 Development Management
Policies (2020) states that the net loss of existing
self-contained housing, including
affordable housing, will be resisted unless the housing is replaced with at least
equivalent residential floorspace.
Policy DMH 8 of the Hillingdon Local Plan Part 2 Development Management
Policies (2020) details th e circumstances in which sheltered housing and care
homes will be permitted. Notably, it does not seek to protect existing care facilities
from changes of use
.
Policy SA 28 of Hillingdon Council's Local Plan Part 2 Site Allocations and
Designations (2020) covers St Andrews Pa rk, Uxbridge, including the application
site. It states that in accordance with the approved planning permission
(585/APP/2009/2752), the Council will support the following development on the
site of 1,340 residential units; 14,0 00 sq. m. of office floorspace; a 90
-bedroom
hotel; associated commercial uses; education facilities; and associated
landscaping, car parking, and amenity spac e provision. The Counc il will seek to
secure the development of the site in accordance with this permission.
Paragraph 5.25 of RAF Uxbridge Supplementary Planning Document (2009) states
that 'as part of the affordable housing requirements, provision will be required for
specialist housing for extra care housing fo r older people…further liaison will be
required with the Development Team in the Council's Social Services and Housing
Department as specialist housing priorities may change over time.'
The provision of specialist retirement accommodation on this site was established
through the outline planning consent fo r the wider site (585/APP/2009/2752). The
decision notice permitted the 'Creation of up to 77 one
-bedroom assisted living
retirement accommodation of between 3 to 4 storeys.' The Council granted full
planning permission in 2020 (585/APP/2019/829) for 72 assisted living apartments
(Use Class C2), which has been completed on the site but remains unoccupied.
These permissions established the
principle of supported/extra care housing for
older people (Use Class C2). The proposal is similar to the 585/APP/2009/2752
outline consent and full planning consent (585/APP/2019/829) as it would also
accommodate older residents over the age of 55, though the proposed use would
not provide care. C3
-Use Residents could purchase care packages as needed,
allowing for a tailored approach to support. There would be no net loss of housing
as all 72 units would be retained as pr eviously approved. The RAF Uxbridge
Supplementary Planning Document (2009), st ating 'specialist housing priorities
may change over time', did account for specialist housing priorities changing over
time and flexibility. Additionally, there is no policy protection against the loss of
specia
list housing, or Class C2 uses.
The Council's Housing Team has reviewed the proposed change of use from
assisted living apartments (Use Class C2) to residential accommodation for primary
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7.13
7.14
7.15
7.16
7.17
7.18
occupiers aged over 55 (Use Class C3) and have stated that they fully support the
proposal as they state that it is 'critical to meeting the borough's housing needs.'
The Council's Planning Policy Team has been consulted and raised no objection
subject to the affordable housing provision being secured within a Section 106 legal
agreement and a condition to restrict occupation to those aged over 55 years.
These would be
secured within a Section 106 legal agreement.
The proposed development caters for an identified need for specialist older person
accommodation and broadly complies with the site designations to accommodate
older residents over the age of 55 in accordance with the aims of Policy H13 of The
London Plan (2021), Policy DMTC 1 of the Hillingdon Local Plan Part 2
Development Management Policies (202 0), Policy SA 28 of Hi llingdon Council's
Local Plan Part 2 Site Allocations and Designations (2020), and RAF Uxbridge
Supplementary Planning Document (2009).
Affordable Housing
Paragraph 66 of the NPPF (2023) stat es where major development involving the
provision of housing is proposed, planning policies and decisions should expect at
least ten per cent of the total number of homes to be available for affordable home
ownership, unless this would exceed the level of affordable housing required in the
area, or significantly prejudice the abilit y to meet the identified affordable housing
needs of specific groups.
Policy H5 of The London Plan (2021) outlines that development that provides 75
per cent or more affordable housing may follow the Fast Track Route where the
tenure mix is acceptable to the borough or the Mayor where relevant. Policy H6
states that affordable residential development products should be split a minimum
of 30 per cent low
-cost rented homes, as either London Affordable Rent or Social
Rent, allocated according to need and for Londoners on low incomes, a minimum
of 30 per cent intermediate products which meet the definition of genuinely
affordable housing, including London Living Rent and London Shared ownership,
and the remaining 40 per cent to be determined by the borough as low
-cost rented
homes or intermediate products (defined in Part A1 and Part A2) based on identified
need.
Policy H2 of Hillingdon Council's Local Plan Part 1 Strategic Policies (2012) states
that housing provision is expected to include a range of housing to meet the needs
of all types of households, and the Council will seek to maximise the delivery of
affordable housing from all sites. For sites with a capacity of ten or more units, the
Council will seek to ensure that the af fordable housing mix reflects housing needs
in the borough, particularly the need for larger family units.
Policy DMH 7 of Hillingdon Council's Local Plan Part 2 Development Management
Policies (2020) states that developments with a capacity to provide ten or more
units will be required to maximise the delivery of on
-site affordable housing. Subject
to viability and if appropriate in all circum stances, a minimum of 35 per cent of all
new homes on sites of ten or more units should be delivered as affordable housing,
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7.19
7.20
7.21
7.22
7.23
7.24
7.25
with the tenure split 70 per cent Soc ial or Affordable Rent and 30 per cent
Intermediate.
As detailed in the submitted Affordable Housing Statement, the applicant proposes
that 100 per cent of the apartments would be delivered as affordable housing. This
far exceeds the number of affordable dwellings required by policy and would be a
significant public benefit to
be weighed in favour of the proposed development.
The Council's Housing Team has been consulted and stated they fully support the
proposal and provision of all units on this site being socially rented dwellings. They
further stated that the proposal is 'critical to meeting the borough's housing needs.'
The Council's Policy Team has been consulted and stated that the C2 to C3 use
change requires affordable housing provision. The submitted affordable housing
statement clarifies that it is proposed to be a 100 per cent Social Rent Scheme.
Social Rent is a tenure acceptable by the borough, and therefore, this would be
accepted, subject to it being secured via a Section 106 legal agreement.
Whilst this would be a departure from the housing mix detailed in planning policy, it
responds appropriately to the Council's housing needs. The Council will secure the
proposed 100 per cent affordable Social Rent units within a Section 106 legal
agreement
.
The proposal is in accordance with the aims of the NPPF (2023), Policies H5 and
H6 of The London Plan (2021), Policy H2 of Hillingdon Council's Local Plan Part 1
Strategic Policies (2012), and DMH 7 of Hill ingdon Council's Local Plan Part 2
Development Man
agement Policies (2020).
Pedestrian Safety, Cycle and Car Parking, and Traffic Impact
Paragraph 115 of the NPPF (2023) st ates that development should only be
prevented or refused on highways grou nds if there would be an unacceptable
impact on highway safety or the residual cumulative impacts on the road network
would be severe.
Policy T4 of The London Plan (2021) states that development proposals should not
increase road danger. Policy T5 states that development proposals should help
remove barriers to cycling and create a healthy environment in which people
choose to cycle. Policy T6 states that new residential development should not
exceed the maximum parking standards detailed in Table 10.3. Car
-free
development should be the starting point for all development proposed in places
that are well-connected by public transport or that are planned to be. All residential
car parking spaces must provide infr astructure for electric or Ultra -Low Emission
vehicles. At least 20 per cent of spaces should have active charging facilities, with
passive provision for all remaining spaces. Disabled person parking should be
provided for new residential developments in accordance with Policy T6. Policy T7
states that development proposals should facilitate safe, clean, and efficient
deliveries and servicing. Provision of adequate space for servicing, storage, and
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7.26
7.27
7.28
7.29
7.30
7.31
7.32
7.34
deliveries should be made off-street, with on-street loading bays only used where
this is not possible.
Policies DMT 1 and DMT 2 of Hillingdon Council's Local Plan: Part 2 Development
Management Policies (2020) require the Co uncil to consider whether the traffic
generated by proposed developments is acceptable in terms of the local highway
and junction capacity, traffic flows, and conditions of general highway or pedestrian
safety. Policy DMT 5 states that development proposals will be required to meet
the Council's cycle parking standards as set out in Appendix C Table 1. Policy DMT
6 requires that proposals
comply with the Council's parking standards to facilitate
sustainable development and address issues relating to congestion and amenity.
The Council's highways team has reviewed the proposal and raised no concerns
or objections subject to conditions regarding cycle parking provision, car parking
leasing, delivery and servic ing plan, parking design and management plan, and
electric vehicle c
harging points.
The site is situated in Uxbridge Town Centre and has a Public Transport
Accessibility Level (PTAL) of 3, where a sc ore of 0 indicates very poor access to
public transport and 6b indicates excellent access. Whilst the site has a PTAL of 3,
PTAL 4 is within 50 metres of the site, PTAL 5 is within 275 metres, and PTAL 6a
is within 400 metres, indicating
very good public transport access.
The completed and unoccupied 72-unit development in C2 use comprises 16 one-
bedroom and 56 two-bedroom units with 53 car parking spaces and two motorcycle
spaces. Ten car parking spaces are designated disabled parking bays.
Under The London Plan (2021), up to 1 08 car parking spaces could be permitted
for the proposed C3 use and unit mix. The applicant proposes to retain the
previously approved 53 car parking spaces. This level of provision is supported by
the Council's highwa
ys team, who advise that it is policy-compliant and acceptable.
In accordance with Policy T6.1, a condition is attached to ensure communal car
parking (including basement parking) would be leased and not sold.
In accordance with Policy T6.1 of The London Plan (2021), the Council's highways
team requires that at least 20 per cent of the car parking spaces (ten car parking
spaces) shall have active electric vehicle charging facilities, with passive electric
vehicle charging facilities for all remaining 43 car parking spaces. This requirement
is secured by condition.
Ten disabled person parking spaces are proposed on -site to serve the 72
residential units. This level of provision adheres to the requirements of The London
Plan (2021) and is accepted. A condition is attached to ensure they are available
upon occupation a
nd retained.
A condition is attached to secure the submission and approval of an appropriate
Delivery and Servicing Plan to ensure co mpliance with Policy T7 of The London
Plan (2021).
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7.35
7.36
7.37
7.38
7.39
7.40
7.41
7.42
The previously approved and as-built C2-use development includes eight cycle
parking spaces. The applicant proposes an uplift in on-site cycle parking provision
with eight more spaces proposed to be provided at lower ground level, fourteen
more spaces provided at ground level, and two further Sheffield stands providing
four cycle parking spaces proposed at the entrance. This would be a total of 34
cycle parking spaces (including the eight existing spaces). Given that the
development would be specialist housing for older persons, the Council's highways
team considers the proposed increase in cycle parking provision to be acceptable.
Policy T6 of The London Plan (2021) requires the submission of a Parking Design
and Management Plan alongside all applications, which include car parking
provision. This is secured by a pl anning condition to ensure London Plan
compliance.
The proposed development complies with Paragraph 115 of the NPPF (2023),
Policies T4, T5, T6, and T7 of The London Plan (2021), and Policies DMT 1, DMT
5, DMT 6, and DMT 2 of Hillingdon Council's Local Plan Part 2 Development
Management Policies (2020).
Disabled Persons Access
Policy D7 of The London Plan (2021) stat es that residential development must
ensure that at least ten per cent of dwellings (which are created via works to which
Part M volume 1 of the Building Regulat ions applies) meet Building Regulation
requirement M4(3)' wheelchair user dwelli ngs' and all other dwellings (which are
created via works to which Part M volume 1 of the Building Regulations applies)
meet Building Regulation requirement M4(2) 'accessible and adaptable dwellings.'
These requirements seek to ensure suitable housing and genuine choice for
London's diverse population, including disabled people, older people, and families
with young children.
Policy H13 of The London Plan (2021) states that boroughs should work positively
and collaboratively with providers to identify sites which may be suitable for
specialist older persons housing taking acco unt of suitable levels of safe storage
and charging facilities for residents' mobility scooters.
The supporting Design and Access Statement confirms that all 72 units would
comply with M4(2)
standards, and the developer would provide seven mobility
scooter storage spaces on the ground floor.
The Council's Accessibility Officer has reviewed the proposed development and
stated that the proposal meet ing M4(2) standards is acceptable for this change of
use application. They support the provision of on-site mobility scooter storage. Both
are secured by condition.
Whilst not strictly in accordance with Policy D7 of The London Plan (2021), as the
building has already been constructed as per its recent planning permission
(585/APP/2019/829), reconfiguring the building's internal layout to incorporate the
M4(3) standards at the expense of a second bedroom would not be considered
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7.43
7.44
7.45
7.46
7.47
7.48
7.49
appropriate on balance. In this instance, the existing level of accessibility is
considered acceptable.
Play Space Provision
Policy S4 of The London Plan (2021) states that residential development proposals
likely
to be used by children and young people should incorporate good- quality,
accessible play facilities for all ages. At least ten square metres of playspace should
be provided per child.
Policy DMCI 5 of Hillingdon Council's Local Plan Part 2 Development Management
Policies (2020) states that for all majo r development proposals, the Council will
apply Hillingdon's child yields and the Lond on Plan SPG; 'Providing for Children
and Young Peoples Play and Informal Recreation', which specifies that ten square
metres of play space should be provided for each child and an accessibility
standard of 400 metres to equipped playgrounds. In areas of deficiency, there will
be a requirement for new provision to be made to meet the benchmark standards
for acce
ssibility to play provision.
The proposed residential development would be restricted so that the primary
resident of each unit would be over 55 years old. As such, it is not a typical
residential development, and there would be a much
-diminished need for on -site
child play space. On balance, in this inst ance, the lack of proposed playspace is
considered to be acceptable when the adjacent existing play facilities in Dowding
Park are taken into consideration.
The Council's Planning Policy Officer has been consulted and has agreed that in
the context of the existing use for assisted living and the proposed use for primary
residents over 55 years old, no additional on
-site play space is required subject to
ensuring primary residents would be over 55 years old. This stipulation would be
secured in the S106 legal agreement.
Whilst the proposal would be contrary to Policy S4 of The London Plan (2021) and
Policy DMCI 5 of Hillingdon Council's Local Plan Part 2 Development Management
Policies (2020), it is considered acceptable in this instance, given the proposed use
of all res
idential units as specialist older persons' accommodation.
Living Conditions of Future Occupiers
Policy D6 of The London Plan (2021) sets out the requirements for new dwellings’
gross internal floor area at a defined occupancy level. Housing development should
maximise the provision of dual-aspect dwellings and avoid the provision of single-
aspect dwellings. A minimum of five sq. m. of private outdoor space should be
provided for one-two person dwellings. It must achieve a minimum depth and width
of 1.5 metre.
The Mayor’s Housing Design Standards LP G further states that ‘deep, narrow,
single-aspect studios will not provide a suitable quality of accommodation; homes
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7.50
7.51
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7.55
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are, therefore, expected to be dual-aspect unless there are compelling reasons why
that cannot be achieved.’
Policy DMHB 15 of the Local Plan Part 2 Development Management Policies (2020)
states that the Council will require all new development to ensure safe and
attractive public and private spaces by referring to the Council’s latest guidance on
Secured by Desi
gn principles.
Policy DMHB 16 of the Local Plan Part 2 Development Management Policies (2020)
states that all housing developments shou ld provide adequate internal space to
provide an appropriate living environment.
The proposed development is considered to create an acceptable environment for
future C3 use occupiers. The apartments have been designed provide acceptable
levels of outlook with no purely north facing flats. No concerns are raised in terms
of internal privacy levels. The apartments are generously proportioned and meet
the minimum space standards required for residential developments.
The external amenity space remains over 1,720 sq. m., which is considered
acceptable for the proposed C3 use.
Each unit would benefit from private external amenity space in the form of a large
terrace or private balcony. This is acceptable for the proposed C3 use.
In terms of internal amenity space, the ancillary lounge, cafe, garden room, hair/nail
salon, and wellness suite are retained within the development at ground level.
Dowding Park is also located 60 metres ea st of the site, providing significant
additional levels of amenity for residents.
The Council’s Urban Design Officer has been consulted and stated that the scheme
incorporates good quality private amenity and high -quality outdoor communal
amenity incorporating high-quality landscaping, greening, and mature trees.
It is therefore considered that the proposal would provide suitable accommodation
for its residents and comply with Policy D6 of The London Plan (2021), The Mayor’s
Housing Design Standards LPG, and Policies DMHB 15 and DMHB 16 of the Local
Plan Part 2 Dev
elopment Management Policies (2020).
Biodiversity Net Gain
In England, Biodiversity Net Gain (BNG) is mandatory under Schedule 7A of the
Town and Country Planning Act 1990 (as inserted by Schedule 14 of the
Environment Act 2021). Developers must deliver a BNG of 10%. This means a
development will result in more or
better-quality natural habitats than there were
before development.
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Policy 15 of the National Planning Policy Fr amework (2023) states that planning
decisions should contribute to and enhance the natural and local environment by
minimising impacts on and providing net gains for biodiversity.
Paragraph 8.6.6 of The London Plan (2021) states that biodiversity net gain is an
approach to development that leaves biodiversity in a better state than before. This
means that where biodiversity is lost due to development, the compensation
provided should be of an overall greater bi odiversity value than that which is lost.
This approach does not change the fact that losses should be avoided, and
biodiversity offsetting is the option of last resort.
Paragraph 6.28 of Hillingdon Council's Local Plan Part 2 Development
Management Policies (2020) states that it is important that planning decisions are
appropriately informed by the right level of survey and information on ecology
features. Where appropriate, the Council will require the use of the approved
DEFRA biodiversity impact calculator to inform decisions on no net loss and net
gain.
The Council's Environmental Specialist (Energy and Biodiversity) has reviewed the
scheme and raised no objections. The proposed development is not required to
meet BNG standards as it would be below a de minimis threshold
given the change
of use would not impact an onsite priority habitat, would impact less than 25 sq. m.
of onsite habitat that has biodiversity value greater than ze ro, and would impact
less than five metres in length of onsite linear habitat.
The proposal complies with Schedule 7A of the Town and Country Planning Act
1990 (as inserted by Schedule 14 of the Environment Act 2021), Policy G6 of The
London Plan (2021), Policy EM7 of the Hillingdon Local Plan Part 1 (2012), and
Policies DMEI 7 and DMHB 14 of the Hillingdon Local Plan Part 2 Development
Management Policies (2020).
Waste Management
Policy D6 of The London Plan (2021) states that developments should ensure that
recycling and waste disposal, storage, and any on -site management facilities are
convenient in operation and location, appropriately integrated, and designed to
work effectivel
y for residents, management, and collection services.
The development change of use would retain the same number of units and
residents. The waste storage arrangement would remain as previously approved.
The Council's Refuse Recycling Officer was consulted and raised no objections to
the proposed change of use. The scheme
is therefore deemed to comply with Policy
D6 of The London Plan (2021).
Renewable Energy and Sustainability
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Policy SI 2 of the London Plan (2021) st ates that major development proposals
should include a detailed energy strategy to demonstrate how the zero -carbon
target will be met within the framework of the energy hierarchy.
Policy DMEI 2 of the Hillingdon Local Plan Part 2 Development Management
Policies (2020) states that all developments are required to make the fullest
contribution to minimising carbon dioxide emissions in accordance with London
Plan targets.
The Council’s Environmental Specialist (Energy and Biodiversity) has reviewed the
change of use proposal and raised no objections regarding energy and
sustainability.
A condition is attached to ensure the development is implem ented and
retained/maintained in accordance with the Energy Assessment, plans, and
specifications previously approved.
The proposal complies with Policy SI 2 of the London Plan (2021) and Policy DMEI
2 of the Hillingdon Local Plan Part 2 Development Management Policies (2020).
Flooding and Drainage
Policy SI 13 of The London Plan (2021) states that development proposals should
aim to achieve greenfield run -off rates and ensure that surface water run- off is
managed as close to its source as possible.
Policy DMEI 10 of the Hillingdon Local Plan Part 2 Development Management
Policies (2020) states that a SuDs system should drain developments and include
appropriate methods to avoid polluting the water environment.
A condition is recommended to be attached to ensure the development is
retained/maintained in accordance with the Sustainable Water Management
scheme
previously approved.
The proposed development complies with Policy SI 13 of The London Plan (2021)
and DMEI 10 of the Hillingdon Local Plan Part 2 Development Management
Policies (2020).
Air Quality
Policy SI 1 of The London Plan (2021) states that development proposals should
ensure that where emissions need to be re duced to meet the requirements of Air
Quality Neutral or to make the impact of development on local air quality
acceptable, this is done
on-site.
Policy DMEI 14 of Hillingdon Council's Local Plan Part 2 Development
Management Policies (2020) states that development proposals should
demonstrate appropriate reductions in emissions to sustain compliance with and
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contribute towards meeting EU limit value s and national air quality objectives for
pollutants.
The Council's Air Quality Officer has reviewed the proposal and raised no
objections.
The proposed development is located within an Air Quality Management Area and
the Uxbridge Air Quality Focus Area. Th e proposal is not air quality neutral or
positive. Therefore, the Council would expect further appropriate mitigation.
However, an offsetting payment of £75,3 86 has already been paid based on the
calculated excess emissions of the consented scheme (585/APP/2019/829). This
amount previously paid to the Council exceeds the updated offsetting payment of
£50,507.08. Therefore, no further payment
is required.
The proposal complies with Policies SI 1 and D3 of The London Plan (2021) and
Policy DMEI 14 of Hillingdon Council's Local Plan Part 2 Development
Management Policies (2020).
Noise
Policy D3 of The London Plan (2021) states that development proposals should
help prevent or mitigate noise impacts.
Policy DMHB 11 of the Hillingdon Local Plan Part 2 Development Management
Policies (2020) states that development proposals should not adversely impact the
amenity.
The Council's Noise Pollution Officer has reviewed the submitted details and
confirmed they have no objections to the development.
The proposed C3 use of the building would be similar to the consented C2 use.
Furthermore, the development site is not adjacent to any unusual activities or uses
that would create additional noise attenuation measure requirements.
As per the original consent, a condition is attached to ensure the ancillary unaltered
commercial premises shall operate during restricted opening times to protect
residential amenity.
Subject to condition, the proposed development would comply with Policy D3 of
The London Plan (2021) and Policy DMHB 11 of the Hillingdon Local Plan Part 2
Development Management Policies (2020).
Trees, Landscaping, and Urban Greening Factor
The trees, landscaping, and ecological enhancement measures have been
implemented in accordance with the landsca ping details approved by the Council
on 10 September 2020 under the discharge of condition application reference
585/APP/2020/1229.
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Subsequently, The London Plan (2021) was adopted and introduced Policy G5,
which stipulates that major development proposals, should include urban greening
as a fundamental element of site and building design by incorporating measures
such as high
-quality landscaping (including trees), green roofs, green walls, and
nature-based sustainable drainage.
The consented and constructed scheme incorporate d the retention of two large
mature oak trees that are covered by a Tree Preserved Order , which significantly
constrained the developable area of the site. Despite this constraint the scheme
incorporates
high-quality landscaping and greening. Given the unique nature of the
site and the fact that no physical alterations are proposed it is considered that the
proposals are in compliance with Policy G5 of The London Plan (2021).
Fire Safety
Policy D12 of The London Plan (2021) states that all development proposals must
achieve the highest standards of fire safety . All major development proposals
should be submitted with a Fire Statement, which is an independent fire strategy,
produced by a third party,
suitably qualified assessor.
The applicant submitted a Fire Statement Form detailing how the proposal meets
the intent of Building Regulations B1-B5. The report states that Hillingdon Council
granted planning permission for the building’s construction in 2020, confirming its
compliance with the planning policies applicable at the time. The building was
constructed under that planning permission and received Building Control sign off.
There are no physical changes to the building proposed under this planning
application, which proposes
a change of use from one Use Class of one type of
residential accommodation to another type of residential accommodation.
According to the Fire Statement ’s author, the building has been assessed and
constructed on the basis that it met the intent of Building Regulations B1-B5.
Based on the submitted Fire Statement Form, the proposal is considered to comply
with Policy D12 of The London Plan (2021).
Development Density
There would be no increase in residential density following the change of 72
assisted living apartments (Use Class C2) to 72 residential units for primary
occupiers aged over 55 (Use Class C3). The development’s density remains
acceptable.
Impact on Character and Appearance
The building has been built in accordance with the consented 2020 planning
permission (585/APP/2019/829) and associated approvals of details. No alterations
are proposed to the building’s exterior. As such, its impact on character and
appearance remains acceptable.
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Impact on Neighbouring Amenity
The building has been built in accordance with the consented 2020 planning
permission (585/APP/2019/829). Whilst the building’s assisted living units (Use
Class C2) would change to residential accommodation for primary occupiers aged
over 55 (Use Class C3), this would not materially affect neighbouring amenity. As
such, this aspect remains acceptable.
Planning Obligations
Policy DMCI 7 of the of the Hillingdon Local Plan Part 2 Development Management
Policies (2020) states that to ensure development is sustainable, planning
permission will only be granted for development that clearly demonstrates there will
be sufficient infrastructure of all types to support it. Infrastructure requirements will
be predominantly addressed through the Council's Community Infrastructure Levy
(CIL). Planning obligations will be sought on a scheme
-by-scheme basis to secure
the provision of affordable housing in relation to residential development schemes;
where a development has infrastructure needs that are not addressed through CIL;
and to ensure that development proposals provide or fund improvements to mitigate
site specific impacts made nece ssary by the proposal. Applications that fail to
secure an appropriate Planning Obligation to make the proposal acceptable will be
refused.
Should the application be approved, planning obligations would be sought to
mitigate the impact of the development, in accordance with Policy DMCI 7 of the of
the Hillingdon Local Plan Part 2 Development Management Policies (2020).
The obligations sought are as follows:
1. To secure on- site affordable housing, to include the provision of 100% by
habitable room being as social rented units.
2. Occupation restrictions to ensure the primary resident of each unit is over 55
years old.
The Council has adopted its own Community Infrastructure Levy (CIL) with a charge
of £95 per square metre of gross internal re sidential floor area. This application is
CIL liable with respect to residential floorspace being created.
In addition to the London Borough of Hillingdon CIL, the Mayor of London's CIL has
a charging system within Hillingdon of £60 per square metre (as of the 1st of April
2019) of gross internal floor area to be paid to the GLA to go towards the funding
of Crossrail. This application is CIL liable with respect to new residential floorspace
being created.
It is expected that the proposed development will qualify for social housing relief
from CIL.
8 Other Matters
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PART 1 – Members, Public & Press
Human Rights
8.1 The development has been assessed against the provisions of the Human Rights
Act, and in particular Article 1 of the First Protocol and Article 8 of the Act itself. This
Act gives further effect to the rights included in the European Convention on Human
Rights. In arriving at this recommendation, due regard has been given to the
applicant's reasonable development rights and expectations which have been
balanced and weighed against the wider community interests, as expressed
through third party interests / the Development Plan and Central Government
Guidance.
Equality
8.2 Due consideration has been given to Section 149 of the Equality Act with regard to
the Public Sector Equality Duty in the assessment of this planning application. No
adverse equality impacts are considered to arise from the proposal.
Local Finance Considerations and CIL
8.3 The Council has adopted its own Community Infrastructure Levy (CIL) with a charge
of £95 per square metre of gross internal re sidential floor area. This application is
CIL liable with respect to residential floorspace being created.
9 Conclusion / Planning Balance
9.1
9.2
9.3
9.4
The developer has completed the construction of their 72 assisted living apartments
and communal facilities (Use Class C2) with associated parking and landscaping
that the Council granted planning permission for in 2020 (see planning application
reference 585/APP/2019/829). The development is unoccupied. The applicant
proposes to change the use of the development from assisted living
accommodation (Use Class C2) to resi dential accommodation for primary
occupiers aged over 55 (Use Class C3), with 100 per cent of the housing provided
as affordable Social Rented units. Except for minor alterations to car and cycle
parking provision, no further works are proposed as part of this change of use
application.
The Council's Housing Team fully support the C2 to C3 change of use and provision
of 100 per cent affordable Social Rented units (72 units), stating it is 'critical to
meeting the borough's housing needs.'
The Council's Planning Policy Team raised no objections or concerns about the
proposed change of use subject to ensuring primary occupiers would be aged over
55.
As a S106 agreement has already been completed in respect of the original
permission (585/APP/2019/829), the obligations within that agreement will remain
enforceable regardless of this change of use application. The original
(585/APP/2019/829) S106 obligations will continue to run with the land. A new S106
is required for this change of use application to ensure it is secured for older people
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PART 1 – Members, Public & Press
9.5
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and to secure the 72 residential units as 100 per cent affordable Social Rented
units.
The provision of a Use Class C3 specialist older persons housing is supported in
this location to meet the borough's housing needs.
The proposal is considered to comply with the Development Plan and no material
considerations indicate that a contrary decision should be taken. Consequently, the
application is recommended for approval subject to a Section 106 legal agreement
and the conditions set out in Appendix 1 (below).
10 Background Papers
10.1 Relevant published policies and documents taken into account in respect of this
application are set out in the report. Documents associated with the application
(except exempt or confidential information) are available on the Council's website
here, by entering the planning application number at the top of this report and
using the search facility. Planning applications are also available to inspect
electronically at the Civic Centre, High Street, Uxbridge, UB8 1UW upon
appointment, by contacting Planning Services at planning@hillingdon.gov.uk.
AAPPENDICES
Planning Application
585/APP/2024/1558
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11. COM3 T Time Limit
The development hereby permitted shall be begun before the expiration of three years from
the date of this permission.
REASON
To comply with Section 91 of the Town and Country Planning Act 1990.
2. COM4 A Accordance with Approved Plans
The development hereby permitted shall not be carried out except in complete accordance
with the details shown on the submitted plans, numbers: 5125-TFP-ZZ-B1-DR-A-2042-SO-
Rev-P7; SAP-TFP-ZZ-00-DR-A-3009-Rev-C4-D3; 2-Rev-P; 5125-TFP-ZZ-ZZ-DR-A-2044-
Rev-P03; 5125-TFP-ZZ-ZZ-DR-A-2045-Rev-P02; 5125-TFP-ZZ-ZZ-DR-A-2046-Rev-P03
and shall thereafter be retained/maintained for as long as the development remains in
existence.
REASON
To ensure the development complies with the provisions of The London Plan (2021) and the
Hillingdon Local Plan Parts 1 (2012) and 2 (2020).
3. COM5 G General compliance with supporting documentation
The development hereby permitted shall not be occupied until the following has been
completed in accordance with the specified supporting plans and/or documents: Planning
Statement-V1, Ref: P17-2203, prepared by Pegasus Group, dated June 2024; Travel Plan,
ref: MT/6104/TP.2, prepared by Bellamy Roberts, dated 10.05.2024; Transport Statement,
ref: MT/6104/TS.2, prepared by Bellamy Roberts, dated 10.05.2024; Design and Access
Statement, ref: 5125-TF-ZZ-XX-RP-A-1101-DesignAndAccessStatement-P02, prepared by
Tooley Foster, dated June 2024; Air Quality Assessment Update, ref: J10/15582A/10,
prepared by Air Quality Consultants, dated June 2024; Fire Statement Form, ref:
AFF_01_0123456789012345_FSR_01, prepared by J Ockenden, dated 17.07.24.
Thereafter the development shall be retained/maintained in accordance with these details for
as long as the development remains in existence.
REASON
To ensure that the development complies with the objectives of The London Plan (2021) and
the Hillingdon Local Plan Parts 1 (2012) and 2 (2020).
4. H15 C Cycle Storage - In accordance with approved plans
Prior to the first occupation of the development hereby approved, at least 34 cycle parking
spaces shall be installed in accordance with the approved plans and available for use. The
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PART 1 - MEMBERS, PUBLIC & PRESS 2 of 15
34 cycle parking spaces shall thereafter be permanently retained on site, maintained, and be
kept available for use.
REASON
To ensure appropriate cycle parking provision in accordance with Policy T5 of The London
Plan (2021) and Policies DMT 2 and DMT 5 of Hillingdon Council's Local Plan Part 2
Development Management Policies (2020).
5
5. NONSC N Non Standard Condition - Car Parking Lease
All car parking spaces within communal car parking facilities (including basements) shall be
leased and not sold.
REASON
To ensure residential car parking spaces shall be lease and not sold in accordance with
Policy T6.1 of The London Plan (2021).
6. NONSC N Non Standard Condition - Electric Vehicle Charging Points
(i) Prior to the first occupation of the development hereby approved, active electric vehicle
charging facilities shall be installed and available for use at ten car parking spaces. The
active electric vehicle charging infrastructure shall thereafter be permanently retained on
site, maintained, and be kept available for use.
(ii) Prior to the first occupation of the development hereby approved, passive electric vehicle
charging facilities shall be installed at 43 car parking spaces. The passive electric vehicle
charging infrastructure shall thereafter be permanently retained on site and be available for
upgrading to active electric vehicle charging.
REASON
To ensure an appropriate level of onsite electric vehicle charging facilities are provided in
accordance with Policy T6.1 of The London Plan (2021).
7. NONSC N Non Standard Condition - Disabled Person Parking Provision
Prior to the first occupation of the development hereby approved, ten disabled person
parking spaces shall be provided in accordance with approved plans and available for use.
The ten disabled person parking spaces shall thereafter be permanently retained on site and
be kept available for their use.
REASON
To ensure an appropriate level of onsite disabled person parking is provided in accordance
with Policy T6.1 of The London Plan (2021).
8. NONSC N Non Standard Condition - DSP and Car Park Design and Mgmt
Prior to the first occupation of the development hereby approved, Delivery and Servicing
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PART 1 - MEMBERS, PUBLIC & PRESS 3 of 15
Plan and Car Parking Design and Management Plan measures shall be implemented in
accordance with the details approved under application reference 585/APP/2022/3311,
dated 24.03.23. The approved Delivery and Servicing Plan and Car Parking Design and
Management Plan measures shall be adhered to for as long as the development remains in
existence.
REASON
To ensure the site is appropriately designed and managed in accordance with Policies T6
and T7 of The London Plan (2021).
9
9. NONSC N Non Standard Condition - Mobility Scooter Storage and Charge
Prior to the first occupation of the development hereby approved, storage and charging
facilities for seven residents' mobility scooters shall be provided in accordance with
approved plans and available for use. The storage and charging facilities for seven
residents' mobility scooters shall thereafter be permanently retained on site, maintained, and
be kept available for use.
REASON
To ensure appropriately mobility scooter storage and charging facilities are provided on site
in accordance with Policy H13 of The London Plan (2021).
10. NONSC N Non Standard Condition - M4(2) Compliance
Prior to the first occupation of the development hereby approved, all residential units shall
comply with Building Regulation requirement M4(2) 'accessible and adaptable dwellings' and
be retained in perpetuity.
REASON
To ensure appropriate levels of accessible and adaptable dwellings are provided in
accordance with Policy D7 of The London Plan (2021).
11. COM15 S Sustainable Water Management
Prior to the first occupation of the development hereby approved, it shall be implemented
and retained/maintained in accordance with the Sustainable Water Management approved
under application reference 585/APP/2020/1229, dated 10.09.20, for as long as the
development remains in existence.
REASON
To ensure that surface water run off is controlled to ensure the development does not
increase the risk of flooding contrary to SI 13 of The London Plan (2021), Policy EM6 of the
Hillingdon Local Plan Part 1 Strategic Policies (2012) and Policy DMEI 10 of the Hillingdon
Local Plan Part 2 Development Management Policies (2020).
12. COM22 O Operating Hours
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