Read the text of this document (45 pages)
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
Report of the Head of Development Management and Building Control Committee Report Part 2 Application Report Case Officer: Chris Brady 4482/APP/2022/213 Date Application Valid: 24-01-22 Statutory / Agreed Determination Deadline: 12/08/24 Application Type: Full Ward: Belmore Applicant: Sivakumaran,Yoganathan & Jeyakumar Site Address: 152-154 Uxbridge Road, Hayes, UB4 OJH Proposal: Erection of three storey mixed use retail and 9 residential apartments with ancillary parking, amendments to dropped kerbs, refuse and bicycle storage, following the demolition of existing buildings. Summary of Recommendation: GRANT planning permission subject to section 106 legal agreement and conditions Reason Reported to Committee: Required under Part 3 of the Planning Scheme of Delegation (Petition received)
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
Summary of Recommendation: GRANT planning permission subject to the conditions set out in Appendix 1. That delegated powers be given to the Director for Planning, Regeneration and Public Realm to GRANT planning permission subject to the following: A) That the Council enter into a legal agreement with the applicant under Section 106 of the Town and Country Planning Act 1990 (as amended) or any other legislation to secure the following: 1. Restriction upon future residents preventing them from obtaining an on-street parking permit within the existing adjoining Parking Management Scheme and any future expanded Scheme. 2. Air Quality Offsetting Contribution of £28,088. 3. Amendment to the traffic order to facilitate servicing and delivery to be undertaken on street funded by the applicant. 4. Project Management & Monitoring Fee: A financial contribution equal to 5% of the total cash contributions. B) That in respect of the application for planning permission, the applicant meets the Council's reasonable costs in the review and preparation of the legal agreement and any abortive work as a result of the agreement not being completed. C) That Officers be authorised to negotiate and agree the detailed terms of the proposed agreement and conditions of approval. D) If the Legal Agreements have not been finalised within 6 months of 02/10/24, delegated authority be given to the Director of Planning, Regeneration and Public Realm to refuse the application for the following reason: 'The applicant has failed to provide measures to mitigate the impacts of the development in relation to the highway network and air quality as a consequence of demands created by the proposed development. The proposal therefore conflicts with the Town and Country Planning (General Permitted Development) (England) Order 2015, Policies DMEI 7, DMEI 14, DMT 6 and of the Hillingdon Local Plan: Part 2 - Development Management Policies (2020), the Council's Planning Obligations SPD and the Hillingdon
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
Local Plan: Part 1 - Strategic Policies (November 2012), the London Plan (2021) and the NPPF.' E) That if the application is approved, the following conditions be imposed subject to changes negotiated by the Director of Planning, Regeneration and Public Realm prior to issuing the decision. 1 Executive Summary 1.1 Planning permission has been sought for the erection of a three-storey mixed use building following the demolition of existing buildings on the site. The proposed building would comprise a retail unit at ground floor with 9 residential apartments above. The proposal also includes ancillary parking, amendments to dropped kerbs and the provision of refuse and bicycle storage. 1.2 In terms of the principle of the development, the proposal includes a net increase of 8 additional dwellings on the site, 4 of which would be family sized units therefore contributing towards addressing an identified need within the Borough. The provision of additional housing at the site is therefore supported. The development would also include an enlarged retail space at ground floor. The enlarged space would cater for a broader range of occupiers and would provide them with a contemporary shop, with private service yard. The enlarged and improved retail space would support the local economy as well as the vitality and viability of the local shopping parade. 1.3 Turning to design, during the processing of the application, concerns were raised regarding the design of the proposed new building. To address the design concerns revised plans have been submitting which illustrate detailing has been added to the gable ends and the external finishes of the building have been altered to break up the bulk of its side elevation and to simplify its design. The design of the building is now considered to be acceptable. The building has also been carefully designed to imitate the existing building's appearance when viewed from Uxbridge Road, it would therefore have an acceptable impact on the appearance of the terrace in which it is sited. Furthermore, the building would replace the unsightly rear service yard, fencing and signage that currently exist at the site, cluttering and harming the areas appearance. The development is therefore considered to enhance the appearance of the area. 1.4 Conditions (requiring obscure glazing and privacy screens in appropriate locations) are recommended to ensure that the development causes no harm to neighbouring amenities and that future occupiers of the building have acceptable levels of privacy. 1.5 Adequate parking would be provided for the development and conditions are recommended to ensure that the new and altered accesses meet the councils standards. 1.6 In the event, that the application is approved a legal agreement will be secured securing air quality contributions and parking restrictions for future residents.
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
1.7 Overall, it is considered that subject to the recommended conditions the proposed development would cause no harm to the character and appearance of the area or the host building, nor would it cause significant harm to neighbouring amenities or the local highways network. Residents of the new flats would be provided with an acceptable standard of internal and external living accommodation. Additionally, the development would provide family sized housing on previously developed land, which is supported by the Local Plan and London Plan. 1.8 The planning application is therefore recommended for approval subject to the conditions set out in Appendix 1. 2 The Site and Locality 2.1 The development site is located on the corner of Uxbridge Road and Brookside Road. 2.2 At present the site comprises a three-storey end of terrace building. The ground floor of the building is in retail use and its upper floors are in residential use as 1 x 5-bedroom apartment. The building is finished in a mixture of brick and tiling and has high level gabled features. It is set back from Brookside Road and Uxbridge Road and forms part of small parade of three storey buildings ( 124 -154 Uxbridge Road) which are of similar use, size and design. The development site projects beyond the side elevation of the parade to the back edge of Brookside Road and along this road frontage forms a yard area. 2.3 The area surrounding the development site is of mixed use. To the north are pairs of two storey semi-detached dwellings. To the south is Uxbridge Road and beyond that Hyatt Place Hotel and Springfield Road Retail Park. To the west of the site are two storey semi-detached properties and terraces and to the east (beyond the parade) are two storey terraces. 2.4 The site forms part of the 124 - 152 Uxbridge Road Local Parade, as designated in the Local Plan: Part 2 (2020). It also forms part of Hillingdon's Air Quality Management Area and is located within an Air Quality Focus Area. The site is within a 250-metre buffer zone of a former landfill site and a gas pipeline runs along Brookside Road. Figure 1: Location Plan (application site edged red)
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
Figure 2: Street View Image of the Application Property
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
3 Proposal 3.1 Planning permission has been sought for the erection of a three-storey mixed use building following the demolition of existing buildings on the site. The proposed building would comprise a retail unit at ground floor with 9 residential apartments above. The proposal also includes ancillary parking, amendments to dropped kerbs and the provision of refuse and bicycle storage. 3.2 The proposed building mix is as follows: 5 x 2-bedroom units 4 x 3-bedroom units Figure 3: Proposed Plan (please note larger version of plan can be found in the Committee Plan Pack) Proposed Ground Floor Plan
Proposed First Floor Plan
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
Proposed Second Floor Plan
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
Proposed Roof Plan
Proposed Ground Floor Landscaping Plan
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press Proposed Front and Side Elevation
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
Proposed Rear and Side Elevation
4 Relevant Planning History 4.1 There is no relevant planning history for the development site.
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
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 19 neighbouring properties were directly notified of the proposal on 09/02/22. 6.2 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 A petition of 28 signatures from a total of 16 different households has been received against the application 1. Traffic/congestion Discussed in section 7 paragraph 7.72 2. Noise pollution Discussed in section paragraphs 7.52 and 7.53 3. Late night disturbances and nearby hotel Disturbances from other properties are not material to the assessment of this application 8 Individual letters of objection have been received. I. Traffic Discussed in section 7 paragraph 7.72 II. Noise Discussed in section paragraphs 7.52 and 7.53 III. Out of character Discussed in section 7 paragraphs 7.17 to 7.26
Table 2: Summary of Consultee Responses Consultee and Summary of Comments Planning Officer Response Statutory Consultation Thames Water: No objection subject to a standard informative to ensure that the developer applies for a permit should any ground water or surface water be proposed to be discharged into the public sewer network and a Noted
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
condition pertaining to the submission of a pilling method statement. Cadent Gas: No objection Noted Scottish Southern Electric: No comments received Internal Consultation Highway Officer: The Highway Authority is aware that this planning application has generated several objections, with regards highway matters this concerns traffic congestion and vehicular noise. The Highway Authority anticipates that the amount of road traffic generated by the proposal would not be insignificant and not have any noticeable impact upon the free flow of traffic or road noise. A total of 9 parking spaces, including 2 disabled accessible spaces are proposed which is below the maximum standards set out within the London Plan. The parking proposed is therefore acceptable. The proposal would include the carrying out of alterations to a vehicular access. On page 12 of the Design and Access Statement plan Ref: 5005_DAS V1.0 (Design + Access Statement) shows that the vehicle crossover would extend across the entrance to the residents parking. The initial proposal included a new servicing and delivery bay within the site boundary which would have required the construction of an additional access. This has now been removed and deliveries will take place on street. The applicant will be required to apply to the Local Highway Authority for an amendment to the traffic order to permit deliveries to take place on street. The Highway Authority requires a planning condition that prohibits the occupiers of the new dwellings from applying to join any car parking management scheme in operation within the vicinity of the site. The proposal provides a minimum of 2no. long-stay cycle parking spaces per dwelling or 18no. in total as well as 2no. short-stay cycle parking spaces. The
The relevant conditions have been added
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
10no. proposed is significantly below this standard and as submitted is unacceptable. However, the Highway Authority considers that there is scope to increase cycle parking provision thereby allowing this issue to be resolved by way of a planning condition. The long-stay cycle parking spaces should be provided in accordance with the London Cycle Design Standards for the short-stay parking Sheffield stands are considered suitable. Access Officer: No objection subject to conditions pertaining to the requirements to conform to the relevant M4(2) and the provision of an evacuation lift in order to accord with D5, D7 and D12 of the London Plan (2021). The relevant conditions have been added Tree Officer: There are no TPO's or Conservation Area designations affecting the site. No trees or landscape features of merit will be affected by the proposal. The proposals include a hard and soft landscape strategy and layout plans by Bradford-Smith Landscape Consultants. The scheme introduces planting at ground level and on green roofs - including an intensive green roof providing amenity space for residents and an extensive roof with wildflower meadow. No objection subject to a condition to secure more comprehensive landscaping details. The relevant conditions have been added Noise Officer: The noise assessment report ref Rep: 112421 / 152 - 154 Uxbridge Road, Hayes by Sonic Element dated 24 Nov 2021 has been reviewed. This characterises the existing noise environment that would likely affect the proposed development, in particular the residential use. Existing noise levels during the night/day periods are reported as around 60/63 dB(A) respectively and have been adjusted upwards using the BS4142 approach. An attempt was made to consider the noise from the existing electricity sub-station, but this was not apparent, indicating that its enclosure has been effective in mitigating any noise it produces. This is a relatively noisy area affected by traffic on the main roads, it is adjacent to a busy road junction, and local commercial activity. The report recommends a corresponding noise insulation and ventilation design to mitigate the effects of noise within the residential units to levels consistent with
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
relevant guidance following recognised methods. No objection subject to a condition to restrict noise levels to a specific level above background noise levels. The relevant conditions have been added Air Quality Officer: The proposed development is located within the LBH Air Quality Management area (AQMA), and within the Ossie Garvin LBH Focus Area (FA), bringing additional traffic emissions which will add to current poor air quality. Developments in these areas need to be neutral as minimum and positive in Focus Areas, contributing to the reduction of air pollutant emissions in these sensitive locations. The application is supported by an Air Quality Assessment which has been reviewed. In this case the level of mitigation does not result in an Air Quality positive development, as such a damage contribution of £28,088 will need to be secured by way of a s106 legal agreement. Subject to the agreement of the damage cost and conditions to secure an exposure reduction strategy, implementation of a mechanical ventilation system and submission of a low emissions plan, no objection is raised.
The relevant conditions have been added and heads of term proposed for approval by committee. Urban Design Officer: The design is now accepted; however, I am against the demolition of the existing building. Demolition runs contrary to sustainability principles. The existing building is not considered to be of any architectural merit and whilst the demolition of the existing building may be regrettable it is not a listed heritage asset.
7 Planning Assessment 7.1 Principle of Development 7.2 Retail Impact 7.3 Policy SD7 and E9 of the London Plan and Policy DMTC 3 of the Hillingdon Local Plan Part 2 Development Management Policies (2020) recognise the contribution that retail properties make to local communities and infrastructure. Furthermore, that seek to safeguard retail floor space within designated areas such as town centres and local shopping parades. The policies require new retail space to be designed to be flexible to enhance long term occupation.
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
7.4 The application site is not located within a local town centre, or a local shopping parade designated within the local plan. However, the site does form part of a non-designated parade which fronts the Uxbridge Road and comprises of ground floor commercial uses with residential above. As such the retention of the commercial a benefit which weighs in favour of the proposal. 7.5 At present the site comprises approximately 180m2 of retail space at ground floor. The application proposes 226m2 of retail space at ground floor level therefore resulting in a net increase of 46m2. The existing frontage comprises of an unattractive shop front which extends around the corner junction between Uxbridge Road and Brookside Road. The existing retail unit occupies the entire frontage with what appears to be storage to the rear in the form of a white painted brick building which would have been active in terms of views across the service yard at some point, but the windows have been boarded up adding to the poorly maintained and decayed elevations which front Brookside Road. 7.6 In comparison, the proposal would result in an enlarged retail space with a consistent fascia for signage, increased glazing thus making a more attractive and active shop frontage. As referred to above the development would also replace unsightly advertisements and an open service yard which is used for storage. Above the enlarged retail space would be new residential units bringing new customers to the local shopping parade. It is therefore considered that the proposal would enhance and support the viability and attractiveness of the local parade. Policy SD7 and E9 of the London Plan (2021) support the redevelopment of out of centre retail space for mixed uses and the proposal would achieve this. 7.7 Housing Provision 7.8 The site comprises a building in mixed use (retail at ground floor with 1x 5 bed maisonette above). The site would remain in mixed used post development but would be of higher density, comprising a larger retail unit and 9 dwellings (resulting in a net increase of 8 dwellings at the site). Mixed used development is supported in this location as mentioned in the retail impact assessment above. Furthermore, new residential development is supported, subject to compliance with other material planning considerations. 7.9 Housing Mix 7.10 The proposed residential mix is as follows: - 1 x 2 bed, 4 person apartment at ground floor - 2 x 2 bed, 4 person apartments and 2 x 3 bed, 5 person apartments at first floor - 2 x 2 bed, 4 person and 2 x 3 bed, 5 person apartments at second floor 7.11 The Councils Strategic Housing Marketing Assessment states there to be an underlying need for family sized units which are 3-bed units and above in accordance with the London Plan 2021 glossary definition.
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
Four of the nine proposed dwellings would be family sized (3 bedrooms or more), therefore, not only would the proposal conform with DMH 1 and DMH 2 in terms of providing a broad mix of unit sizes, but it would also contribute towards addressing the identified need for family sized units within Hillingdon. As such the proposed housing mix is therefore considered to be acceptable. 7.12 Density of Development 7.13 Numerical densities are more appropriate to larger sites and what is considered of greater significance to the determination of this application is the local contextual factors. The key consideration is therefore whether the development would acceptably integrate with the character and appearance of the area, and would respect residential amenity considerations, rather than the consideration of the numerical density of the proposal. 7.14 Design / Impact on the Character and Appearance of the Area 7.15 Policies D1, D3 and D4 of the London Plan (2021) require development proposals to be of high quality and to enhance the local context by delivering buildings and spaces that positively respond to local distinctiveness. 7.16 Policies BE1 of the Hillingdon Local Plan Part 1 Strategic Policies (2012), DMHB 11, DMHB 12 and DMHD 1 of the Hillingdon Local Plan Part 2 Development Management Policies (2020) in summary seek to secure a high quality of design that enhances and contributes to the area in terms of form, scale and materials, is appropriate to the identity and context of the townscape and would improve the quality of the public realm and respect local character. These aims are also supported by Chapter 12 of the NPPF (2023). 7.17 At present the site comprises a three-storey end of terrace building with associated yard to the rear fronting Brookside Road. The ground floor of the building is in retail use and its upper floors are in residential use as 1 x 5-bedroom apartment. The building is finished in a mixture of brick and tiling and has high level gabled features. It is set back from Brookside Road and Uxbridge Road and forms part of small parade of three storey buildings (Nos. 124 -154 Uxbridge Road) which are of similar use, size and design. The development site projects beyond the side elevation of the parade to the back edge of Brookside Road and along this road frontage forms a yard area. 7.18 The area surrounding the development site is of mixed use. To the north are pairs of two storey semi-detached dwellings. To the south is Uxbridge Road and beyond that Hyatt Place Hotel and Springfield Road Retail Park. To the west of the site are two storey semi-detached properties and terraces and to the east (beyond the parade) are two storey terraces. 7.19 The proposal seeks to demolish the existing building and to rebuild a sympathetic more contemporary replacement building. The ridge height of the replacement building would be of similar height to the existing building and to
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
other properties in the terrace where it would be sited. Its height is therefore considered to be acceptable. 7.20 The frontage of the replacement building (facing Uxbridge Road) would comprise a large gable end and dormer at roof level with a balanced first floor fenestration below, finished with shopfront at ground floor. The new building would not extend beyond the frontages of its neighbours; thus, retaining the areas building line. Front elevation dormers are common features within the terrace, as such those proposed would be in keeping with the appearance of the terrace and neighbouring buildings. Furthermore, large gables exist on the existing building and at either end of the terrace, the replacement building would have a similar feature, retaining the visual symmetry of the terrace. The larger shop frontage would be somewhat out of character with other shops in the terrace, however the existing shopfront is out of character as it wraps around the building, unlike others in the terrace. The new shopfront is therefore not considered to be significantly harmful when compared with the existing situation at the site and in fact any potential harm would be outweighed by the contribution the new building would make to removing the existing shop front which is cluttered with signage, some of which is no longer relevant to the use of the site and the poorly maintained structure. The limited visual impact of the replacement building on Uxbridge Road and the neighbouring terraces is therefore considered to be acceptable. 7.21 The side and rear elevation of the building (facing Brookside Road) would be of more contemporary design. The ridge height of the side and rear would be consistent with the rest of the terrace and existing building. The lift shafts would extend above the height of the terrace; however, they would be well set back to reduce their visual impact from the street. The height and scale of the building's side elevation is therefore considered to be acceptable. 7.22 During the processing of the application concerns were raised regarding the complex material pallete of the buildings side elevation. To address these concerns the zinc cladding window surrounds have been omitted and replaced with glazed bricks, which are present within the upper floor feature panels of the proposed building. This would bring continuity to the material palette of the building, whilst also breaking up the visual bulk of the buildings side elevation by having bricks of different colours. Mock Tudor beaming and render detailing have been added to the side and front gable ends of the building to ensure that it better matches the existing building and terrace. 7.23 A more active frontage would be introduced along Brookside due to the new ground floor residential development and shopfront, improving the buildings relationship with the road. Although the side elevation which would be prominently viewed within Brookside Road particularly when travelling towards the Uxbridge Road, the high-level windows would provide a reasonable degree of articulation. The material pallet is indicated on the submitted drawings and the external brick finish is welcomed. It is considered that this elevation is broadly acceptable and a condition to secure high quality materials is to be attached to the decision notice and this will include further improvements to this elevation.
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
7.24 Furthermore, the existing site comprises no meaningful soft landscaping and is dominated by hardstanding. Due to its set back along Brookside Road, the proposed development allows for improved soft landscaping at the site, which would be secured via condition, improving the areas appearance. 7.25 Additionally, the development would result in the removal of the unsightly raised signage, including that which advertised services which are not relevant to the uses of the actual site, the cages to the front of the commercial unit and exposed service yard which are visible from Uxbridge Road and Brookside Road, further improving the appearance of the area. 7.26 Overall and for the reasons outlined above, the proposal is considered to have an acceptable impact on the visual amenities of the area and would therefore comply with Policies D1, D3 and D4 of the London Plan (2021), Local Plan Part 1: Strategic Policies (2012) Policy BE1, Policies DMHB 11 and DMHB 12 of Hillingdon Local Plan: Part 2 - Development Management Policies (2020) and Paragraph 135 of the NPPF (2023). 7.27 Residential Amenity 7.28 Policy DMHB 11 of the Hillingdon Local Plan: Part 2 - Development Management Policies (2020) seeks to ensure a satisfactory relationship with adjacent dwellings with no unacceptable loss of outlook, amenity, daylight and sunlight to neighbouring occupiers. 7.29 Policy D14 of the London Plan (2021) requires that proposals minimise noise pollution and Policy EM8 of the Hillingdon Local Plan: Part 1 - Strategic Policies (2012) promotes the maximum possible reduction in noise levels and seeks to ensure that noise impacts can be adequately controlled and mitigated. 7.30 Paragraph 135 of the NPPF (2023) states 'Planning policies and decisions should ensure that developments create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users; and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience.' 7.31 Privacy 7.32 Due to their separation distance from the properties on the other side of Uxbridge Road, the south facing windows of the proposed development would cause no loss of privacy to neighbouring properties. 7.33 The site is bounded by 156 Uxbridge Road, which is in use as a business referred to as DHOOT HGV LGV Training London. Although it has a residential appearance, it is unclear whether the property is in use as a form of floorspace to support a commercial operation or a residential property. Notwithstanding this point, the first and second floor windows proposed would provide views into the side facing windows of this property at a distance of approximately 19.5m. As set
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
out above, Policy DMHB 11 and the pre-text to the policy set a guideline of 21 metres as an adequate separation distance between habitable neighbouring windows. The proposal would fall 1.5 metres short of this separation distance, however it is important to note that existing windows of the building look toward the neighbouring property and that the second-floor windows would look downward, toward the mentioned windows therefore increasing their distance from the proposed second floor windows. Taking this into consideration and the minor shortfall when measures as the crow flies, it is not considered that a reason for refusal on this basis would be upheld at appeal. 7.34 The remaining west facing windows would look toward other properties on Brookside Road at a distance well over 21m where they would cause no harmful overlooking or adverse privacy impacts. 7.35 The proposed development includes north facing windows which would look toward the side elevation windows of No.2 Brookside Road at approximately 5.5m. It is important to note that the principles of DMHB 11 which refer to retaining adequate levels of privacy between new and existing residential properties, applies to habitable room windows. Photos of the site, as well as evidence submitted by the applicant suggest that the 3 side windows serve a hallway, bathroom and toilet, with the latter two being obscure glazed. Nevertheless, all north facing windows proposed are secondary windows which are recommended to be conditioned to be obscure glazed, therefore preventing any overlooking. The development is therefore considered to have an acceptable impact on the privacy of No.2 Brookside Road. 7.36 The proposed east facing windows (serving the bedroom and living rooms of Flat 01_02 at first floor and Flat 02_02 at second floor) would face toward the rear service yard areas and would provide some views toward the rear elevations of the flats above the shopping parade. Notably, the nearest habitable room window (of the proposed development) would be 17m away from the rear habitable room windows of No.148-150 Uxbridge Road. However the angle of the windows is such that any overlooking would be very minimal. Therefore due to the separation distance and fact that the habitable room windows do not directly face each other the development would cause no loss of privacy to its occupiers. The east facing windows of the development would therefore cause no unacceptable loss of privacy to the flats above the shopping parade. 7.37 Furthermore, many of the first-floor windows of the shopping parade already have limited privacy, as a roof garden exists at the development site, providing existing views into these windows. 7.38 Conditions would be added to ensure that privacy screening is installed around upper floor walkways and the terraces of Flats 1.04 and 2.04, to protect the amenities of the flats above the shopping parade. 7.39 The roof level gardens would provide similar views and would therefore cause no harmful loss of privacy to neighbouring properties. Revised plans have been submitted which include a wildflower area are roof level which will be secured and
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
inaccessible in order to provide a set back from the roof margins to reduce the potential impacts from overlooking from the roof garden. Therefore the overlooking of any gardens would be no different to the general overlooking of gardens which most residential properties which have a direct neighbour to the east and or west would experience. 7.40 Taking into consideration these points the development would cause no harmful loss of privacy to neighbours. 7.41 Light and Outlook 7.42 A Day and Sunlight Assessment has been submitted in support of the proposal (215516DAY-Rev1). The specialist report assesses the daylight and sunlight impact of the proposed development on No.2 Brookside Rd, No.156 Brookside Rd, and 148-150 Uxbridge Road, which are the nearest neighbours and therefore would be the most likely to be affected. 7.43 The report provides an assessment in accordance with the most recent BRE Guidance which was adopted in 2022. It should be noted that in terms of Vertical Sky Component (VSC) which is a key indicator in the assessment of daylight and sunlight impact, a proposed development should retain at least 80% of the existing pre-development light values. 7.44 The assessment reviews 17 neighbouring windows across the properties mentioned above and refers to them as receptors. Receptors 1-5 are windows located within the rear elevation of No.156, the report concludes that the windows tested would retain at least 80% of the existing light values therefore this property would not be unduly affected by the development. 7.45 Receptors 6-10 are located at the front of No.1 Brookside Road; these would also retain at least 80% of the existing light values therefore would not be unduly affected by the proposed development. 7.46 Turning to receptors 11-13 these are located to the side elevation of No.2 Brookside Road; these windows would be subject to a reduction in light levels below 80% (68-75%) therefore these windows would be subject to a negligible to minor impact in terms of daylight. 7.47 Finally, receptors 14-17 are located to the rear of 148-150 Uxbridge Road which adjoins the existing building on the site. These windows would retain at least 80% of the existing light values therefore would not be unduly affected by the proposed development. 7.48 Whilst the proposal would result in a minor loss of light below the guideline set out in the BRE guidance 2022, the window which is subject to the minor loss is in the side elevation of No.2 Brookside. Having considered the location of the window, it is likely to serve either as a secondary window or a stairwell therefore would not result in a detrimental loss of outlook or daylight/sunlight such as to warrant a recommendation for refusal.
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
7.49 In terms of outlook, the upper floors of the building would be set away from the upper floor windows of No.148-50 Uxbridge Road (nearest flat above shopping parade), by approximately 5m. Due to the separation distance as well as the fact that the upper floor flats windows would still have direct views, north and east. The ground floor west facing windows of No.148-150 Uxbridge Road are obscure glazed and receive limited light. They would be unaffected by the development and still openable into the sites new parking area. The development would cause no harmful loss of outlook to its nearest neighbour. 7.50 The habitable windows of No.156 and No.2 Brookside Rd (other nearest neighbours) are a considerable distance from the new building and would therefore not be subjected to any adverse loss of outlook. 7.51 Noise, Activity and Disturbance 7.52 The development site is located within a dense, busy, mixed-use area next to a busy road where activity and noise levels within the area are high. The addition of 9 additional dwellings and a larger retail unit is therefore unlikely to cause any significant increase in activity or noise at the site which would be harmful to neighbouring amenities. The opening hours of the commercial unit would be secured via condition. In terms of noise mitigation, a condition relating to materials will be imposed however the detailed design stage which will be submitted for building regulations review will include details to ensure the units appropriately noise insulated. Additionally, a construction management plan will be secured via condition to minimise construction disturbance. 7.53 Overall, when considering the proposal, it is clear the scheme has been designed to fit the constraints of the site. The proposal would not lead to a significant loss of outlook, daylight, or sunlight to neighbouring habitable rooms. Furthermore, the development would not involve a significant increase in noise disturbance in an area which is bounded by a busy road and a large retail/commercial park on the opposite side of the road that generate significant levels of background noise. Taking into consideration the above and subject to conditions the development would have an acceptable impact on neighbouring amenities. 7.54 Quality of Residential Accommodation (Internal and External) 7.55 Internal 7.56 Policy D6 of the London Plan (2021) requires that all housing should be of high-quality design and provide adequately sized rooms with comfortable and functional layouts which are fit for purpose and meet the needs of all Londoners without differentiating between tenures. 7.57 Policy DMHB 16 of the Hillingdon Local Plan: Part Two Development Management Policies (2020) requires that all housing developments should have an adequate provision of internal space in order to provide an appropriate living environment.
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
7.58 The proposed development comprises the following internal accommodation: Ground Level: Plot 00_01 (2b4p) 70m2 First Level: Plot 01_01 (2b4p) 70m2 Plot 01_02 (3b5p) 87m2 Plot 01_03 (2b4p) 70m2 Plot 01_04 (3b5p) 91m2 Second Level: Plot 02_01 (2b4p) 70m2 Plot 02_02 (3b5p) 87m2 Plot 02_03 (2b4p) 70m2 Plot 02_04 (3b5p) 86m2 7.59 The dwellings would therefore comply with or exceed required internal floor space standards. 7.60 The ground floor flat would be set back from the street, creating a privacy buffer for its future residents. Its northern windows would be obscure glazed, again ensuring privacy. The habitable rooms within the ground floor flat that will have obscure glazed windows, will have other windows providing light and outlook for future residents. The development would provide future residents of the ground floor flat with acceptable living conditions. The other new dwellings would also have habitable rooms with good access to light and privacy. 7.61 In reviewing the internal spaces, it is noted that there are two bedrooms out of the 20 to be provided across the entire development which would feature partially obstructed primary windows. The windows of bedrooms 2 of Flats 02_03 and 01_03 would be partially obscured by a privacy screen which is located 2m from the window and would obscure views of the bedrooms from the external walkway which runs along the outer wall of the unit. The principle of DMHB 11 which refers to separation distances and DMHB 16 is to ensure that adequate levels of privacy are reflected in the design. When assessing privacy officers consider the overlooking which could potentially occur between habitable room windows. This is due to the fact that these areas would be subject to longer timeframes of occupation than an external non habitable area such as an external walkway which provides access to a unit. Taking this into consideration it would not be necessary to place a privacy screen to obscure views from the walkway into the bedrooms. However, given that they are proposed and would only partially obscure the views out of the windows and users of the flats would not be confined to their rooms, but would have the entirety of the flat, where access to light and outlook would be gained from numerous windows, the level of overall outlook to these bedrooms is acceptable. 7.62 Overall, it is therefore considered that the new dwellings would provide future residents with an acceptable level of internal living accommodation. 7.63 External Amenity
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
7.64 Policy DMHB 18 of the Hillingdon Local Plan Part 2: Development Management Policies (2020) requires all new residential developments to provide good quality and usable private outdoor amenity space. 25m2 of amenity space is required for 2bed flats and 30m2 for 3 bed flats. 7.65 The proposed amenity space provisions are as follows: Ground Level: Plot 00_01 (2b4p) 16.5m2 First Level: Plot 01_01 (2b4p) 8.4m2 Plot 01_02 (3b5p) 16m2 Plot 01_03 (2b4p) 6.5m2 Plot 01_04 (3b5p) 9.4m2 Second Level: Plot 02_01 (2b4p) 8.4m2 Plot 02_02 (3b5p) 16m2 Plot 02_03 (2b4p) 5.5m2 Plot 02_04 (3b5p) 3.4m2 Third Level: Rooftop Communal Amenity Gardens - 155m2 7.66 Taking into consideration the proposed unit mix, 245sqm of amenity space is required in total. The proposal would provide approximately 245sqm which complies with Policy DMHB 18. Whilst the bulk of the amenity space is provided at roof level, the units would also be provided with modest private individual amenity areas. The proposed amenity space provisions are therefore considered to be acceptable and to provide residents with a good standard of external living accommodation. 7.67 Highways and Parking 7.68 Policies T4, T6, T6.2 of the London Plan (2021), DMT 1 and DMT 2 of the Hillingdon Local Plan: Part 2 (2020) are all directly relevant to the proposed development. These policies can be read in full in the Committee Report Part 3 - Policy Appendix, and in summary, seek to deliver development which is sustainable in transport terms and safeguards highway and pedestrian safety. 7.69 These aims are also supported by the NPPF (2023) at Chapter 9, which states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. 7.70 Car Parking 7.71 The development site is located within PTAL 3, on the border of PTAL 2. 7.72 The London Plan (2021) advises that for residential development in this location the maximum amount of car parking that should be provided is 0.75 spaces per
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
two-bed unit and 1no. space per three-bed unit. A maximum of 9 parking spaces are therefore required for the proposed development. 9 parking spaces would be provided, as such the proposed parking provisions are acceptable. Each of these car parking spaces would be allocated to a specific unit which is supported. The objections which have been received during the public consultation have raised concerns regarding congestion, however the Highway Authority anticipates that the amount of road traffic generated by the proposal would not be significant and would therefore not have any noticeable impact upon the free flow of traffic or road noise. 7.73 Electrical Charging Points 7.74 Part G) of Policy T6 and part C) of Policy T6.1 of the London Plan (2021) state that all residential car parking spaces must provide infrastructure for electric or Ultra-Low Emission vehicles. A condition has been recommended to secure electric vehicle charging points for the new properties, in the event of approval. 7.75 Bicycle Parking 7.76 Appendix C, Table 1 of the Hillingdon Local Plan: Part 2 - Development Management Policies (2020) requires the provision of cycle parking facilities for new residential units. 7.78 The London Plan (2021) would require that a minimum of 2no. long-stay cycle parking spaces be provided per dwelling.18 spaces should therefore be provided, as well as 2no. short-stay cycle parking spaces. 10 spaces are proposed, and 8 additional spaces will be secured via condition. Space exists within amenity spaces to secure these. 7.79 Refuse/Recycling Collection 7.80 Policy DMHB 11-part (d) of the Hillingdon Local Plan: Part 2 - Development Management Policies (2020) states that development proposals should make sufficient provision for well-designed internal and external storage space for general, recycling, and organic waste, with suitable access for collection. Waste storage for the residential building will be sited within the under-croft section of the car park. Refuse storage for the retail unit will be located within the service yard. Full details of the residential waste storage facilities will be secured through condition in the event of an approval. 7.81 Access 7.82 The existing access would be altered and repositioned to create an access for the new parking area. The works required to the public highway would be secured by a separate application made to the Local Highway Authority. In terms of servicing and deliveries for the retail unit, initially a delivery bay was proposed with a new access set to be provided to allow vehicles to pull up to the delivery bay and unload. However, this would have resulted in vehicles crossing the footway and possibly obstructing pedestrian movement. As such an amendment has been
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
made to the plans to show no new access for vehicles to the delivery bay and vehicles will now stop on street. Given the limited number of deliveries required to service the retail space, this is not considered to give rise to a significant increase in congestion and therefore subject to the applicant agreeing to fund the necessary amendment to the traffic order, the proposal is acceptable. 7.83 Construction 7.84 A condition has been recommended for inclusion requiring a Construction Management Plan. This would ensure that the development would have no significant adverse impact on traffic and pedestrian safety during construction, given the constraints of the site. 7.85 Overall, subject to the conditions, it is concluded that the proposal would not discernibly exacerbate congestion or parking stress, and would not raise any measurable highway safety concerns, in accordance with the Hillingdon Local Plan: Part 2 - Development Management Policies (2020), Policies DMT 1, DMT 2 and DMT 6 and Policies T4, T5 and T6 of the London Plan (2021). 7.86 Noise 7.87 Policy D14 of the London Plan (2021) requires that proposals minimise noise pollution and Policy EM8 of the Hillingdon Local Plan: Part 1 - Strategic Policies (2012) promotes the maximum possible reduction in noise levels and seeks to ensure that noise impacts can be adequately controlled and mitigated. 7.88 The provision of 9 additional residential units is not considered to lead to such a significant change in the local noise environment as to warrant a refusal of planning permission on this ground. The necessity to comply with Building Regulation standards would ensure that the development is appropriately noise insulated. 7.89 Air Quality 7.90 Local Plan Policy DMEI 14 states: Policies SI 1 of the London Plan (2021), EM8 of the Hillingdon Local Plan: Part 1 (2012) and DMEI 14 of the Hillingdon Local Plan: Part 2 (2020) are all directly relevant to the proposal. These policies can be read in full in the Committee Report Part 3 - Policy Appendix, and in summary, seek to safeguard and improve air quality in order to protect existing and new sensitive receptors. These aims are also supported by the NPPF (2023) at chapter 15. 7.91 The development site is located within an Air Quality Management Area and Air Quality Focus Area, as such the development should not only provide evidence to demonstrate it would be air quality neutral, but it is required to demonstrate it would be air quality positive. The applicant has submitted an Air Quality Assessment which indicates the proposal would be air quality neutral but not air quality positive in terms of onsite mitigation. The Borough's Air Quality Officer has advised that if the application is recommended for approval, conditions and a legal agreement
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
securing a £28,088 damage cost to offset the on-site mitigation. The conditions and damage cost are to ensure that the development causes no harm to its future residents and that adverse air quality impacts are mitigated for. 7.92 The applicant has confirmed agreement to pay the damage cost, and this will be secured via a legal agreement should planning permission be granted and the recommended conditions will also be added. 7.93 Accessibility 7.94 Policy D5 and Policy D7 of the London Plan (2021) aims to provide suitable and families with young children. 7.96 The proposal has been reviewed by the Council's Access Officer who has raised no objection to the principle of either uses or the overall design of the development. As such subject to conditions to secure the implementation of an evacuation lift the requirement for the units to meet the M4(2) accessible standards in accordance with Policies D7, D5 and D12 of the London Plan (2021). 7.97 Security 7.98 The proposed development is not considered to compromise the security of the application site or adjoining sites. 7.99 Trees and Landscaping 7.1.1 Policy D5 of the London Plan (2021) states that development proposals should integrate green infrastructure to contribute to urban greening, including the public realm. 7.1.2 Policy DMHB 14 of the Hillingdon Local Plan: Part Two Development Management Policies (2020) requires that all development retains or enhances existing landscaping, trees, and biodiversity. 7.1.3 The proposed development would result in no loss of trees and would therefore have no adverse tree impact. 7.1.4 A good mix of soft and hard landscaping is proposed in and around the site, as well as on the roof of the building. The landscaping would ensure that the proposal integrates with its surroundings. To ensure that an appropriate level of greenery is provided at the site, a landscaping condition is recommended for inclusion on the decision - if the application is approved. 7.1.5 With regards to Urban Greening as set out above, Policy G5 of the London Plan relates to developments of a major scale only. As this is a minor scale development the applicant is not required to provide an Urban Green Factor assessment or achieve the 0.4 score applicable to major developments.
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
7.1.6 The proposal is therefore considered to be acceptable. 7.1.7 Ecology 7.1.8 Policy DMEI 7 of the Hillingdon Local Plan: Part 2 - Development Management Policies (2020) states that if development is proposed on or near to a site considered to have features of ecological or geological value, applicants must submit appropriate surveys and assessments to demonstrate that the proposed development will not have unacceptable effects. The development must provide a positive contribution to the protection and enhancement of the site or feature of ecological value. 7.1.9 The site comprises buildings and hard surfacing. It does not contain any trees, ponds, open woodland, dense scrub, or shrubbery. There are no protected sites of ecological interest adjacent to or near to the site. It is therefore considered that the likelihood of protected species being present at the site is low. 7.1.10 The ecological value of the site would be enhanced by greenery on the roof off the building as well as around the periphery of the site. A condition requiring a landscaping plan would aid in ensuring that the proposed greenery is appropriate and supportive of ecology. With regards to Biodiversity Net Gain (BNG), this policy was formally adopted for the development on small sites in April 2024. The submission of this application pre-dates the adoption of the BNG small sites policy therefore a BNG on this site is not required to be formally demonstrated. Notwithstanding this point, the submission of a landscaping scheme which provides an increase in soft landscaping above the existing as shown on the landscaping strategy drawing, would lead to a reasonable increase in ecological value. 7.1.11 In the event of an approval, an informative would be secured advising that should protected species be found at the site, the applicant(s) must fulfil their duties under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010. 7.1.12 The proposal is therefore considered to be acceptable. 7.1.13 Sustainability 7.1.14 Policy SI 2 of the London Plan (2021) states residential development should achieve at least a 10% improvement beyond Building Regulations 2013. 7.1.15 Policy DMEI 2 of the Hillingdon Local Plan: Part 2 - Development Management Policies (2020) requires all developments to make the fullest contribution to minimising carbon dioxide emissions in accordance with the London Plan targets 7.1.16 The proposed development is of a minor scale therefore whilst the principle of SI 2 (carbon reduction) is applicable, the London Plan Policy applies more specifically to major scale applications. The applicant is therefore not required to
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
submit an energy statement with the application or demonstrate a policy level of on-site savings. 7.1.17 Notwithstanding this point, the modern construction of the development would be considered as providing sufficient energy savings itself and therefore the development would comply with the principles of the carbon saving development plan policies. 7.1.18 The proposal would therefore be compliant with Policy SI 2 of the London Plan (2021) and Policy DMEI 2 of the Hillingdon Local Plan: Part 2 - Development Management Policies (2020). 7.1.19 Flooding and Drainage 7.1.20 Policy DMEI 9 of the Hillingdon Local Plan: Part 2 - Development Management Policies (2020) states that proposals that fail to make appropriate provision for flood risk mitigation, or which would increase the risk or consequences of flooding, will be refused. Policy DMEI 10 states that development within areas identified at risk from surface water flooding which fail to make adequate provision for the control and reduction of surface water runoff rates will be refused. 7.1.21 Policy SI12 and SI13 of the London Plan (2021) require, in summary, that flood risk is minimised and mitigated, and that surface water runoff is managed close to source. 7.1.22 The application site is located in Flood Zone 1 where there is a low probability of risk of fluvial flooding. As such, all forms of development including residential development (which is classified as a 'more vulnerable use') is acceptable in this location, in terms of fluvial flood risk. 7.1.23 In the event that the development is approved, a comprehensive drainage strategy will be secured via condition. The strategy will ensure that surface water run-off and grey water is appropriately managed in line with the drainage hierarchy set out in the London Plan. 7.1.24 The proposals are therefore considered to be in compliance with Policies DMEI 9 and DMEI 10 of the Hillingdon Local Plan: Part 2 - Development Management Policies (2020) and Policies SI 12 and SI 13 of the London Plan (2021). 7.1.25 Airport Safeguarding 7.1.26 The development would have no impact on airport safeguarding. 7.1.27 Land Contamination 7.1.28 The is identified as being located within an area potentially at risk of land Councils Contaminated Land specialist the historical data indicates that the site is subject to a very low risk and therefore no objection has been raised subject to a
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
condition restricting the importation of soils and other materials unless they are clean and free of contamination. Subject to this condition the development is acceptable. 7.1.29 Electricity Infrastructure 7.1.30 It is noted that the development is to be constructed close to the boundary of an electricity substation located to the rear of the site. A consultation letter was issued to the electricity provider (SSE) dated 15-05-24 after undertaking a land register search to identify the owner of the asset. No comments have been received therefore it is not considered that there would be an objection to the construction of the development. 8 Other Matters 8.1 Human Rights 8.2 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. 8.3 Equality 8.4 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. 8.5 Local Finance Considerations and CIL 8.6 The Council adopted its own Community Infrastructure Levy (CIL) on August 1st 2014 and the Hillingdon CIL charge for residential developments is £95 per square metre of additional floorspace. This is in addition to the Mayoral CIL charge of £60 per sq metre. 8.7 The proposal involves the creation of residential units and is CIL liable 9 Conclusion / Planning Balance 9.1 Planning permission has been sought for the erection of a three-storey mixed use building following the demolition of existing buildings on the site. The proposed building would comprise a retail unit at ground floor with 9 residential apartments above. The proposal also includes ancillary parking, amendments to dropped kerbs and the provision of refuse and bicycle storage.
Hillingdon Planning Committee 16th July 2024 PART 1 Members, Public & Press
9.2 The proposed new building is considered to improve the appearance of this deteriorating corner plot. The scale bulk and mass are appropriate and from a policy perspective the optimisation of a brownfield site to provide additional housing stock is
Text extracted automatically from the PDF, so layout, tables and images are not shown. Only the start of this long document is shown here. Open the original PDF on LB Hillingdon’s website.