Planning Committee 17/05/2017 Schedule Item 01

Transcription

1 Ref: Address: Ward: Proposal: OPDFUL The Portal, Land at Wales Farm Road and Portal Way, Acton, W3 6EJ East Acton Redevelopment of the site to provide a single storey basement with a part 10, part 36 storey building comprising 355 residential units and ancillary facilities (Use Class C3) with a mix of studio, 1 bed, 2 bed and 3 bed flats and 628sqm (GIA) of flexible use class A1 and/or A2 and/or A3 and/or A4 and/or B1 and/or D1 and/or D2 floorspace and a landscaped public realm, together with associated public and private amenity space, cycle parking, car parking, servicing, landscaping and other associated works (Full Planning Application accompanied by an Environmental Impact Assessment) Drawing numbers/plans: Type of Application: For full list of plans and supporting documents please see proposed condition number 2 below. Full application Application Received: 27/10/2016 Revised: 15/03/2017 Report by: Chris Maltby Recommendation: Grant planning permission subject to 1. Stage II referral to the Mayor of London; 2. Signing of a Section 106 agreement; and 3. Planning Conditions of Consent Executive Summary: The proposals comprise a detailed planning application for this 0.37-hectare site located in North Acton (East Acton Ward). The site occupies a corner location at the intersection of Wales Farm Road and Portal Way and is located within approximately 150m of North Acton underground station. The site has a PTAL rating of 5/6a ( Very Good or Excellent ). The Council is supportive of this residential led regeneration scheme that will see this site being brought back into use after laying vacant for a number of years. The Council is also supportive of the contribution it will make to the regeneration of North Acton and the wider strategically important opportunity area. The proposed development will make efficient use of this brownfield site and contribute significantly to the delivery of much needed high quality housing including affordable housing in a highly sustainable location with access to excellent public transport connections and job opportunities. The key determining issues in considering this detailed application are: Environmental Statement Principle of development and the appropriateness of the proposed uses Design including scale, form, siting and appearance Page 1 of 45

2 Density, mix and size of residential units Housing standards quality and outlook/privacy Design including energy efficiency, sustainability and environmental protection Affordable housing/viability; Transport; and Planning obligations and the Mayor s Community Infrastructure Levy. The site is located within the North Acton part of the wider Old Oak and Park Royal Development Corporation Area which has been identified as having a capacity to deliver 24,000 new homes and 55,000 new jobs. The site also falls within site allocation OIS1 Park Royal Southern Gateway as identified in the London Borough of Ealing s Development sites DPD which identifies the site as being suitable for mixed uses including residential and employment. The application site has lain vacant for over 10 years and is currently occupied by a mound of made up ground that has been colonised with native low lying vegetation. Previously it is understood the site was in industrial use.. The surrounding area contains a wide mix of land uses including residential, commercial and retail and buildings of various heights up to 17 storeys. Immediately to the north and west of the site is a mixture of student housing, apartment blocks and some commercial uses including The Castle public house sharing part of the application sites northern boundary. South of the application site across Portal Way is the Dixons Carphone site which is the subject of a planning permission for a residential led mixed use development with a number of significant public open spaces and buildings of up to 33 storeys in height. East of the application site is the Perfume Factory site which is subject of a resolution to grant planning permission for a comprehensive mixed use development comprising 534 residential dwellings and over 9,000sq.m of commercial floorspace arranged in five buildings between 3 and 33 storeys in height. In the wider area, there have been several recent developments comprising predominantly residential uses in the form of apartments and student accommodation. In the wider context, the area is adjacent to a designated Strategic Industrial Location to the west and a designated green corridor which is designated along the railway lines to the north. West of the application site beyond the recently built student accommodation is North Acton Cemetery, which is a designated Site of Local Importance for Nature Conservation. The application site is entirely located within Flood Zone 1 at the lowest risk of flooding. There are no listed buildings or tree preservation orders either within or adjacent to the site and the site does not fall within a conservation area. The detailed scheme comprises: 355 residential units (including 62 studios, bed units, bed units and 22 3 bed units) at a density of 959 units per hectare (2208 habitable rooms per hectare). 628sq.m of flexible commercial and community uses which can included A1, A2, A3, A4, B1, D1 and D sq.m of basement space (GIA) Private amenity space in the form of balconies and terraces (total of 1,125sq.m) Communal external and internal amenity space at 10 th and 35 th floor levels (total of 1,135sq.m external and 546sq.m internal) 233sq.m of children s play spaces for ages 0 up to 5 years of age Public open space at ground level to the west of the proposed building (142sq.m) Page 2 of 45

3 Public realm improvements to the perimeter of the site to include widening of footways, hard landscaping, landscape buffers and tree planting Car parking within the basement for up to 23 vehicles (all being suitable for disabled persons use). No on site provision will be made for the commercial units. 20% of all spaces (6 spaces) will have electric vehicle charging points with all remaining spaces featuring passive provision Plant and refuse storage will all be accommodated at ground floor level. Vehicular access and servicing will take place from an existing service road from Portal Way which will lead to a gated service yard to the rear of the building. The service yard will provide access to the car and bicycle lifts to the basement and provide space for commercial vehicles to load and unload. 502 cycle parking spaces for residents in secure stores within the basement and 4 secure cycle spaces for commercial staff at ground floor level. A further 24 short stay visitor spaces are provided within the public realm The detailed scheme seeks clearance of the existing site and the construction of a basement occupying the footprint of the proposed building. The development comprises a single block and with a 10-storey podium with the main building having a height of 36 storeys. Flexible commercial uses arranged in four different sized units will occupy the ground floor together with the double height main entrance to the residential units and ancillary spaces associated with the management of the residential units. The remaining 9 floors of the podium and the 36-storey tower will accommodate the residential units and internal and external amenity and play spaces. The primary external facing material in the proposed development is the façade which comprises two types of textured concrete cladding to provide a clean and high quality look with low maintenance and high durability. The façade grid is interspersed with glass slices to reduce the mass of the building at key junctures, with external balconies formed with varied levels of etched glass dependent on height within the building. The proposed height of the taller building is considered to be acceptable and will contribute to a cluster of taller buildings at this important gateway site. The height has been assessed in terms of short, medium and longer distance views and is considered to be acceptable. The impact of the taller building in terms of the amenity enjoyed by existing residents has also been assessed and found to be broadly acceptable given the urban setting. The applicant has undertaken an Environmental Impact Assessment (EIA) of the proposals which includes the following topic areas: townscape and visual impact, transportation, socioeconomics, daylight and sunlight, wind micro climate and cumulative effects. A balanced assessment has been made following consultation with members of the public, internal and external consultees (including statutory consultees) and it is concluded that permission should be granted. The recommendation includes details of the obligations to be incorporated into the S106 Legal Agreement and planning conditions. Additionally, the applicant would be liable to contribute to the Mayor s Community Infrastructure Levy for the delivery of strategic transport infrastructure (Crossrail). Conclusions The report includes recommendations to grant detailed planning permission subject to any direction from the Mayor of London and subject to compliance with the relevant planning conditions and the completion of a satisfactory legal agreement. In reaching this recommendation specific consideration has been given to the key determining issues identified above. Page 3 of 45

4 The site occupies an important position in the Southern Gateway and the site has been identified as being suitable for an intensification of use and for a mix of uses. A residential led mixed use development is proposed that will deliver 355 new residential units in a mix of unit s sizes, types and tenures including affordable units. The proposed commercial uses would increase employment opportunities on the site and would promote activity and animate street frontages. The form, scale and density of the proposed development is considered acceptable in this well connected and highly sustainable location. The proposed development would make the best and most efficient use of this brownfield site optimising housing delivery. The proposed redevelopment represents an opportunity to significantly enhance this prime vacant site within a highly accessible location with a quality, high density scheme. The scheme proposes architecture that would contribute positively to the character of the area and other emerging and committed development on this strategically important site. The development proposes to meet high standards of sustainable design and construction including being a highly energy efficient building and also incorporating sustainable systems for water reduction, good levels of daylight, Lifetime Homes and Secure by Design principles, green/brown roofs and new planting to act as a noise and air quality buffer, balconies to act as shading and private outdoor space, waste management and construction, and sustainable travel options. Cycle storage spaces will be provided in order to encourage the use of alternative and more sustainable and affordable ways of travel. This demonstrates compliance with the relevant policies. The proposal includes significant improvements to the public realm and the mix of ground floor uses and an attractive public space will ensure a new vibrant place which will benefit both future and existing residents. The proposed height of the taller buildings is considered to be acceptable and will contribute to a cluster of taller buildings at this important gateway site. The height has been assessed in terms of short, medium and longer distance views and is considered to be acceptable with impacts that are considered to be acceptable. The proposed tower will be seen in the context of other existing taller buildings on adjacent sites and will also contribute to the emerging cluster of tall buildings in this location adding variety to the skyline. The impact of the taller part of the building in terms of its effect on existing residential amenity has been comprehensively assessed and it has been demonstrated that the massing of the buildings would not lead to any environmental harm that is not normal in an urban environment and cannot be appropriately mitigated. The proposed development has significant economic benefits including significant job creation both from the construction and operational phases. During construction the development of the site will support 134 full time equivalent temporary construction jobs per year. The proposed flexible commercial spaces that can come forward for a variety of uses including retail, restaurants/cafes, office space and public uses such as health clinic/surgery, children s crèche and community spaces would also support between 18 and 40 full time equivalent jobs. The proposed residential mix includes 2208 habitable rooms per hectare (hrh). This would be significantly above the upper guideline in the Mayors density matrix of 1100hrh, however the Mayor also advises that this guideline should not be applied mechanistically and outlines circumstances where exceeding this range can be acceptable. In this case, it is considered that a number of factors lend support to the acceptance of a higher density on this site, including: Page 4 of 45

5 Exemplary and responsive design with significant improvements to the public realm The delivery of a significant number of high quality homes that meet and exceed the Housing Standards Excellent access to transport connections with a PTAL rating of 5/6a, Convenient access to a large number of existing and emerging job opportunities Weighing up all the material considerations, the proposed development is considered to be acceptable, to comply with development plan policies and the National Planning Policy Framework guidance; or to provide suitable justification and mitigation for areas of noncompliance, in so far as: The proposals are for the redevelopment of a vacant brownfield site in a strategically important location within an identified Opportunity Area; The proposed residential led mixed use development complies with the site s allocation in the Ealing Development Sites DPD 2013 and emerging guidance in the OPDC draft Local Plan; The proposed 355 residential units will provide a significant contribution to meet the Council s housing targets and helping to address the existing shortfall of new housing in London. The proposals include 35% (124 dwellings) affordable housing with a discounted rent of 20% below market rates; The quality of the residential accommodation is of a very high standard, with generous rooms sizes and access to a range of internal and external amenity spaces The proposed development is of a very high architectural standard and includes new public and private spaces as well as significant improvements to the public realm; The proposed mix of commercial uses at ground floor will create a vibrant place and support a number of long term job opportunities. The location and form of development is considered to have an acceptable relationship with neighbouring uses and ensures that visual and residential amenity is protected; It complies with policies to locate high-density residential development in appropriate, accessible locations; The proposals provide well designed and accessible facilities for cyclists including cycle storage for visitors at surface level and secure cycle stores accessed by dedicated cycle lifts to basement level; The proposed basement level provides for an appropriate level of parking given the high PTAL rating of the site; Servicing of the commercial units takes place to the rear of the building separating it from pedestrians and other traffic movements; sufficient space for the storage of refuse and recycling is provided at ground floor level and accessed directly from the rear service yard. A site wide Management Plan is to be secured by a planning condition to ensure servicing, parking and other management issues are robustly planned for; The proposals incorporate renewable energy technologies and support London s approach to energy efficiency and sustainable design and construction; It has the potential to satisfy relevant policies in relation to noise, air quality, contamination and sustainable drainage and appropriate planning conditions are proposed to ensure the detailed design responds positively to these; The applicant has agreed to enter into a Section 106 Agreement which includes clauses and financial contributions relating to a range of issues; The development will be subject to the Mayor s Community Infrastructure Levy and it is confirmed will be liable to a payment of 848,225 (subject to confirmation of social housing relief and indexation). Page 5 of 45

6 The above represents the summary conclusions of the assessment of the application and are the main reasons for the recommendation to grant planning permission subject to further statutory consultation with the Mayor of London and DCLG (Secretary of State), as set out below: Referable application This planning application is referable to the Mayor of London pursuant to the Town and Country Planning (Mayor of London) Order 2008 under Category 1A of the schedule to the Order, as it would comprise: Development which comprises or includes the provision of more than 150 houses, flats, or houses and flats The application was referred to the GLA and a Stage 1 response was issued on 9 th January 2017 which states that the Mayor considers that the principle of a residential led mixed use redevelopment of the site is supported by strategic planning policy. The response confirmed that discounted market rent was acceptable in principle but asked for further information to be shared about the detail of the proposed offer and the applicant s viability considerations. The response also confirmed that the proposed development was considered acceptable in terms of design, layout, massing and height noting with regard to height that the proposed height is compatible with the location and meets London Plan policy 7.7. No concerns are raised in relation to wider views and historic environment. With regard to the public realm the response noted that the approach was broadly accepted although it was felt the public realm at Portal Place (west of the proposed building) could be improved. On other matters including access, climate change, transport the GLA confirmed the scheme complied with relevant policy. Further discussion has taken place on these issues following the Stage 1 response. Further details including the Officer s response to the issues raised by the GLA are given later within this report. If Ealing Council resolves to make a draft decision on the application, it must consult the Mayor again under Article 5 of the Mayor of London Order 2008 and allow him fourteen days to decide whether to allow the draft decision to proceed unchanged, or direct the Council under Article 6 to refuse the application, or issue a direction under Article 7 that he is to act as the local planning authority for the purpose of determining the application. Overall the development proposes a high quality mixed use scheme that will further secure the regeneration of this important Southern Gateway site and complement other recent approvals in this area. The proposed development is considered to secure the strategic and local regeneration and spatial objectives envisaged for the North Acton area. RECOMMENDATION: That full planning permission is granted subject to: (a) Any direction of the Mayor. Following the Council s consideration of the application, the application will be referred to the Mayor of London in accordance with Article 5 of the Town and Country Planning (Mayor of London) Order 2008; Page 6 of 45

7 (b) Subject to the satisfactory completion of a Section 106 agreement under the Town and Country Planning Act 1990 (as amended) in order to secure the following: (i) 35% discounted market rented units with a rate of discount of 20% in perpetuity; (ii) Compliance with a Marketing Plan to eligible persons in respect of the DMR (iii) Compliance with triggers for the occupation of the affordable and private (including Build to Rent) housing; (iv) Financial contribution for funding primary school places towards expansion projects at John Perryn Primary and Acton High. ( 188,966); (v) Financial contribution towards the provision of healthcare facilities; new primary care provision at Central Middlesex Hospital ( 398,235); (vi) Financial contribution towards the provision of trees within the East Acton Ward ( 50,146); (vii) Financial contribution towards WEST (Work, Education, Support and Training) project for provision of outreach engagement, pre-employment training and employment support for borough residents living in and around Portal Way and adjacent wards ( 500,000); (viii) Local Employment and Apprenticeship Scheme means a programme undertaken by the Owner to use reasonable endeavours to employ a minimum of 30% of local people during the construction phase and 33 new apprenticeships (or outcomes of equivalent value, e.g.: traineeships, site visits for learners, engagement with local schools) or other placement in the construction of the Development and the on-going maintenance and management of the Development; (ix) Financial contribution towards the improvement s in local parks: North Acton playing fields and Acton Cemetery. ( 720,894); (x) Air quality action plan measures ( 40,990); (xi) Financial contribution and other measures to the value of 861,875 towards site specific sustainable transport measures, and transport and highway infrastructure improvements in the vicinity of the site to mitigate the impact of the proposed development. The financial contributions and other measures shall comprise: - Funding of CPZ consultation and review of CPZ proposals including implementation of restrictions and timing changes of the existing CPZ. ( 40,000); - Contribute to the proposed cycle quiet way between Gypsy Corner and Ealing Broadway ( 40,000); - Contribute to improved pedestrian facilities between Gypsy Corner and Acton Main Line Station ( 50,000); - Contribute to North Acton Gyratory Improvements. These include urban realm improvements around the Gyratory ( 200,000); - A speed table at the junction of Wales Farm Road and Portal Way ( 60,000); - North Acton Station improvements (TFL) ( 363,875); - North Acton Station Square development ( 100,000); - Implement an on streets car club parking bay ( 3,000) and - Travel Plan monitoring ( 5,000) (xii) Air quality action plan measures (xiii) Carbon offsetting contributions ( 404,352 residential, 35,612 non domestic); (xiv) Connection to of site district heating network (xv) Payment of the Council s reasonable legal and other professional costs incurred preparing the Section106 agreement. (c) That the grant of planning permission be subject to the following conditions: Conditions: 1. Time Limit Full Planning Permission The development hereby permitted shall be begun before the expiration of five years from the date of this permission. Page 7 of 45

8 Reason: In order to comply with the provisions of the Town and Country Planning Act Approved Plans and Documents The development hereby approved shall be carried out in accordance with the following approved plans and documents: Environmental Statement; Volume 1 (Non-Technical Summary), Volume 2 (Technical Chapters) and Volume 3 (Appendices) prepared by Nathaniel Lichfield and Partners dated October 2016, Design and Access Statement prepared by HTA Design LLP dated October 2016, Planning Statement prepared by Nathaniel Lichfield and Partners dated October 2016, Statement of Community Involvement prepared by Nathaniel Lichfield and Partners dated October 2016, Air Quality Assessment prepared by Idom Merebrook Ltd dated October 2016, Archaeological Assessment prepared by CgMs dated October 2016, Drainage assessment Form and Drainage Strategy prepared by Idom Merebrook Ltd dated October 2016, Ecology Assessment prepared by Middlemarch Environmental dated September 2016, Noise Assessment prepared by Idom Merebrook Ltd dated October 2016, Geo-Environmental Assessment prepared by Idom Merebrook Ltd dated October 2016, Sustainability and Energy Assessment prepared by HTA Design LLP dated October 2016, Transport Assessment prepared by Steer Davis Gleave dated October 2016, Waste Strategy prepared by Steer Davis Gleave dated October 2016 CIT-GCS_HTA-A_DR_ Site Location Plan, CIT-GCS_HTA-A_DR_ Existing Block Plan, CIT-GCS_HTA-A_DR_ Portal Way Street Elevations, CIT-GCS_HTA-A_DR_ Wales Farm Road Street Elevations, CIT-GCS_HTA-A_DR_ Proposed Site Location Plan Proposed Floor Plans CIT-GCS_HTA-A_B_DR_ Basement Rev.P1, CIT-GCS_HTA-A_00_DR_ Ground Floor Rev.P1, CIT-GCS_HTA-A_01_DR_ Floor 01 Rev. P1, CIT-GCS_HTA-A_02-09_DR_ Floor Rev.P1, CIT-GCS_HTA-A_10_DR_ Floor 10 Rev.P1, CIT- GCS_HTA-A_11-21_DR_ Floors Rev.P1, CIT-GCS_HTA-A_22-34_DR_ Floors Rev.P1, CIT-GCS_HTA-A_35_DR_ Floor 35 Rev.P1, CIT-GCS_HTA- A_R_DR_ Roof Plan Rev.P1 Proposed Elevations and Sections CIT-GCS_HTA-A_E1_DR_ Elevation 1 Rev.P1, CIT-GCS_HTA-A_E2_DR_ Elevation 2 Rev.P1, CIT-GCS_HTA-A_E3_DR_ Elevation 3 Rev.P1, CIT-GCS_HTA- A_E4_DR_ Elevation 4 Rev.P1, CIT-GCS_HTA-A_E5_DR_ Elevation 5 Rev.P1, CIT-GCS_HTA-A_E6_DR_ Elevation 6 Rev.P1, CIT-GCS_HTA-A_SAA_DR_ Section AA Rev.P1, CIT-GCS_HTA-A_SBB_DR_ Section BB Rev.P1, CIT-GCS_HTA- A_SCD_DR_ Section CC and DD Rev.P1, CIT-GCS_HTA-A_SEE_DR_ Section EE Rev.P1, CIT-GCS_HTA-A_DE1_DR_ Typical Detailed Elevation/Section Proposed Units CIT-GCS_HTA-A_UN_DR_0300-1B1P-Studio-01 Rev.P1, CIT-GCS_HTA-A_UN_DR_0301-1B1P-Studio-02, CIT-GCS_HTA-A_UN_DR_0302-1B1P-Studio-03 Rev.P1, CIT-GCS_HTA- A_UN_DR_0303-1B2P-01-Type A, CIT-GCS_HTA-A_UN_DR_0304-1B2P-01-Type B, CIT- GCS_HTA-A_UN_DR_0305-1B2P-01-Type C Rev.P1, CIT-GCS_HTA-A_UN_DR_0306-1B2P-02 Rev.P1, CIT-GCS_HTA-A_UN_DR_0307-2B4P-01 Rev.P1, CIT-GCS_HTA- A_UN_DR_0308-2B4P-02-Type A Rev.P1, CIT-GCS_HTA-A_UN_DR_0309-2B4P-02-Type B Rev.P1, CIT-GCS_HTA-A_UN_DR_0310-2B4P-02-Type C Rev.P1, CIT-GCS_HTA- A_UN_DR_0311-2B4P-03 Rev.P1, CIT-GCS_HTA-A_UN_DR_0312-2B4P-04, CIT- GCS_HTA-A_UN_DR_0313-3B5P-01, CIT-GCS_HTA-A_UN_DR_0314 1:50 A3 2B4P-05 Landscape CIT-GCS_HTA-L_00_DR_ Landscape GA Rev.P1, CIT-GCS_HTA-L_00_DR_ Floor 10 Roof Terrace Rev.P1, CIT-GCS_HTA-L_00_DR_ Floor 35 Roof Terrace, CIT- GCS_HTA-L_DR_ Softscape Plan Rev.P1, CIT-GCS_HTA-L_00_DR_ Landscape Sections 1 Rev.P1, CIT-GCS_HTA-L_00_DR_ Landscape Sections 2 Reason: For the avoidance of doubt and in the interest of proper planning. Page 8 of 45

9 4. Construction Method Statement and Management Plan Prior to the commencement of development, a site construction method statement and management plan shall be submitted to and approved in writing by the Local Planning Authority. The submission shall include the following: a) The number of on-site construction workers and details of the transport options and parking facilities for them; b) details of construction hours; c) anticipated route, number, frequency and size of construction vehicles entering/exiting the site per day; d) delivery times and booking system (which is to be staggered to avoid morning and afternoon school-run peak periods); e) route and location of site access for construction traffic and associated signage; f) management of consolidated or re-timed trips; g) Details of noise and vibration mitigation measures and monitoring arrangements for noise and vibration by suitably qualified noise specialists. Noise and vibration mitigation measures must accord with the Mayor s 'Best Practice Guidance ; h) details of site security, temporary lighting and the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; i) secure, off-street loading and drop-off facilities; j) wheel washing provisions; k) vehicle manoeuvring and turning, including swept path diagrams to demonstrate how construction vehicles will access the site and be able to turn into and emerge from the site in forward gear and including details of any temporary vehicle access points; l) details as to the location(s) for storage of building materials, plant and construction debris and contractors welfare facilities and offices; m) procedures for on-site contractors to deal with complaints from members of the public; n) measures to consult cyclists, disabled people and the local schools with regard to delivery times and necessary diversions; o) details of all pedestrian and cyclist diversions; p) a commitment to be part of Considerate Constructors Scheme; and q) confirmation of use of TfL's Freight Operator Recognition Scheme (FORS) or similar. r) The submission of evidence of the condition of the highway prior to-construction and a commitment to make good any damages caused during construction. s) Details of parking restrictions which may need to be implemented during construction work. Prior to the commencement of any construction work, all sensitive properties surrounding the site shall be notified in writing of the nature and duration of the works to be undertaken, and the name and address of a responsible person to whom enquiries / complaints should be directed. These details shall also be displayed at regular intervals around the site construction compound. The development shall be carried out strictly in accordance with the details so approved. Any areas to be used for the storage of building materials or other site activities outside of the relevant phase of the development shall be returned to the original condition immediately following the practical completion of the development. Such details shall be implemented and phasing agreed in writing, prior to the commencement of works on site and thereafter retained for the duration of the works. Reason: To protect the amenity of local residents, to ensure adequate highway and site safety in accordance with policies 1.1, 1.2, 2.1 & 2.8 of the Ealing Core Strategy (2012), policies 6.3, 6.14, & of the London Plan (2016), the National Planning Policy Framework (2012), Greater London Authority 'The Control of Dust and Emissions from Construction and Demolition Supplementary Planning Guidance (20014), BS :2009+A1:2014 Code of practice for noise and vibration control on construction and open sites: Noise. Page 9 of 45

10 5. Air Quality/Dust Management Before the development is commenced, (including site set up and site clearance) an Air Quality and Dust Management Plan (AQDMP) that includes an Air Quality (Dust) Risk Assessment shall be produced in accordance with current guidance The Control of Dust and Emissions during Construction and Demolition, SPG, GLA, July 2014, for the existing site and the proposed development. A scheme for air pollution mitigation measures based on the findings of the report shall be submitted to and approved by the Local Planning Authority prior to the commencement of any works on the site. Reason: To safeguard the amenities for future occupiers of the development in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) & 1.2(f) of the Ealing Development (or Core) Strategy (2012) and with policy 7.3 of the Ealing Development Management Development Plan Document (2013). 6. Delivery and Servicing Plan A delivery and servicing plan shall be submitted to and approved in writing by the Local Planning Authority, prior to first occupation of any part of the development hereby approved. The plan shall cover the following: Vehicle tracking - Swept paths drawings for a refuse lorry vehicle, 10-metre rigid vehicle and also a fire appliance vehicle; Deliveries and collections (both commercial and residential); including how deliveries will be scheduled to avoid several lorries arriving at the site simultaneously; Servicing trips (including maintenance); and measures to reduce the number of freight trips to the site (freight consolidation); Details of the location and management of the parcel room for the receipt and collection of deliveries for the residential properties Cleaning and waste removal; including arrangements for refuse collection; Monitoring and review of operations. The delivery and servicing plan shall be implemented on first occupation of any part of the development hereby approved and the site shall be managed in accordance with the approved plan for the life of the development. Reason: To ensure that the development can be adequately serviced in the interests of pedestrian and highway safety, in accordance with policy 6.11 and 6.13 of the London Plan (2016) and Local Variation policy 6.13 of the Development Management DPD Site Waste Management Plan (Construction) Prior to the commencement of development (except for site clearance and preparation works), a Site Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Site Waste Management Plan shall demonstrate how the procurement of materials for the development during construction would promote sustainability, including by use of low impact, sustainably sourced, reused and recycled materials, including reuse of demolition waste, use of local suppliers and by reference to the BRE s Green Guide Specification. The development shall be carried out in accordance with the particulars so approved. Reason: To ensure sustainable procurement of materials which minimises the negative environmental impacts of construction in accordance with policies 5.3 and 5.18 of the adopted London Plan 2016, policies 1.1 (k) and 1.2 (f) of the adopted Ealing Development Strategy (2012) and interim guidance in Ealing s SPG4 Storing waste for recycling and disposal 9. Soil Contamination Investigation and Risk Assessment Prior to the commencement of any works on site (except for site clearance and preparation works) the following shall be submitted to and subject to the approval in writing of the Local Planning Authority: Page 10 of 45

11 (a) (b) An intrusive contaminated land investigation and risk assessment of the site. This shall be carried out in accordance with BS1075:2011+A1:2013 and CR11 guidance to assess the nature and extent of any contamination on the site. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. If required, as a result of part (a), a remediation (de-contamination) scheme to bring the site to a condition suitable for the intended end use. It shall include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. Following completion of measures identified in the approved remediation (de-contamination) scheme part (b) (c) A verification report that demonstrates the completion of measures identified in the approved contamination remediation scheme shall be produced. The report shall be compiled in accordance with the Environment Agency guidance Verification of Remediation of Land Contamination, Report: SC030114/R1. Reason: To ensure that the site is not hazardous in the interest of public health and safety, in accordance with policy 5.21 of the adopted London Plan (2016), policy 1.1(e), of the adopted Ealing Development (or Core) Strategy (2012), and policy 5.21 of the adopted Ealing Development Management DPD (2013) 10. Material Samples Samples of all facing materials shall be submitted to and approved in writing by the Local Planning Authority prior to work commencing on the above ground superstructure. The samples shall include: a) Brickwork (including brick panels and mortar courses); b) Cladding and colours; c) Re-constituted stone; d) All window treatments (including sections and reveals); e) Balcony structures and balustrading treatment (including sections); f) Privacy screens; g) Metal, cement and render facing and banding detail; h) Ventilation and extraction louvres; i) Shop fronts; and j) All other external materials to be used. The development shall be carried out strictly in accordance with the details so approved. Reason: To ensure that the materials harmonise with the surroundings, in accordance with policies Ealing Local Variation to London Plan Policy 7.4 and 7B of the Ealing Development Management Development Plan (2013), policies 1.1 (h) and 1.2 (g) of the adopted Local Development Framework (Core) Strategy (2012) and policies 7.4 and 7.6 of the London Plan (2016). 11. Material Samples Hard Landscaping Samples of all materials to be used in the hard landscaping and boundary treatments of the ground level public realm, pedestrian routes, roof terraces and other areas of public realm shall be submitted to and approved in writing by the Local Planning Authority prior to work commencing on the external landscaping works. The development shall be carried out strictly in accordance with the details so approved. Reason: To ensure that the materials harmonise with the surroundings, in accordance with policies Ealing Local Variation to London Plan Policy 7.4 and 7B of the Ealing Development Page 11 of 45

12 Management Development Plan (2013), policies 1.1 (h) and 1.2 (g) of the adopted Local Development Framework (Core) Strategy (2012) and policies 7.4 and 7.6 of the London Plan (2016). 12. Insulation of building envelopes for residential units Details shall be submitted to the Local Planning Authority for approval prior to the commencement of superstructure works for the insulation of the building envelope, with windows shut and other means of fresh air ventilation provided to habitable rooms on floors 1 to 9 of the Portal Way and Wales Farm Road facades, which will achieve the internal criteria for sensitive rooms, as specified in BS8233:2014. The details should also include the provision of alternative means of ventilation. The approved insulation shall be implemented before the development is occupied and retained permanently thereafter. Reason: To safeguard the future occupiers of the development against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013). 13. Mitigation to protect habitable rooms against noise impacts Sound insulation measures, as identified in the approved Noise Assessment, shall be provided where required to produce internal noise levels specified in table 4 section of BS8233 in habitable rooms located with a façade affected by noise emanating from Portal Way, Wales Farm Road. The sound insulation measures shall be incorporated into the external building fabric, acoustically treated glazing, and other means of ventilation provided (precluding natural ventilation from open windows). The sound mitigation measures shall be implemented prior to the first occupation of any residential units in the relevant part of the development and retained thereafter. Reason: To ensure a satisfactory standard of residential amenity is provided for future occupiers of the apartment buildings adjoining locations identified as exceeding accepted residential noise levels, in accordance with policies 3.2 and 7.15 of the London Plan (2016); policy 1.1(j) of Ealing s Development (or Core) Strategy (2012); policy 7A of Ealing s Development Management DPD (2013), and Ealing s interim SPG10: Noise and Vibration. 14. Insulation between ground floor commercial uses (A1, A2, A3, B1, D1), Plantroom and dwellings above Details shall be submitted for approval of the Local Planning Authority prior to the commencement of superstructure works, for the insulation of the floor/ceiling between the commercial premises, Plantroom and the dwellings above to demonstrate that an acoustic standard not exceeding NR 25 Leq 5mins, (octaves) or NR 20 Leq 5mins, (one-third octaves) will be met inside a bedroom and NR 30 Leq,5mins (octaves), 0r NR 25 Leq,5mins (one-third octaves), inside a living room when noise is generated from the commercial use or Plantroom. Reason: To safeguard the future occupiers of the development against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013). 15. Insulation between D2 Gymnasium use and dwellings above Should any commercial units be occupied by a D2 gymnasium use and for the residential ancillary gymnasium use, details shall be submitted for approval of the Local Planning Authority prior to occupation of the relevant part of the development details of the insulation and antivibration works to the floors, walls and ceiling, forming transmission paths with dwellings, to demonstrate that the works are sufficient to prevent disturbance from airborne noise transmission, including amplified music and also structure borne vibration and noise. The works shall meet the criteria set at BS8233:2014 as measured or predicted within attached Page 12 of 45

13 dwellings or at the façade of surrounding dwellings. The approved insulation and anti-vibration measures shall be implemented before occupation of the D2 gymnasium use or ancillary gynamsium use and shall be retained permanently. Reason: To safeguard the future occupiers of the development against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013). 16. Details of Plant and Machinery Details of plant and machinery shall be submitted and approved by the Local Planning Authority prior to installation to demonstrate that the rating sound level emitted from the proposed external plant and machinery at the proposed development, as assessed under BS4142: 2014, will not exceed the existing background sound level, as measured at the nearest noise sensitive facades, during the relevant periods of operation. Reason: To safeguard future and existing occupiers of the area against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013). 17. Vibration from an extract or other duct fixed to a wall for A3/A4/A5 ground floor use Prior to the occupation of any commercial units for A3 use, the ventilation duct from the commercial premises, shall be fixed to the exterior wall with suitable anti - vibration isolators and the fan motor shall be vibration isolated from the duct, so as to satisfy an acoustic standard of not exceeding LFNR25 Leq 5mins (octaves) or LFNR20 Leq 5mins (one-third octaves) inside a bedroom and LFNR 30 (Leq 5mins) (octaves) or LFNR 25 (Leq 5mins) (one-third octaves) inside a living room. Reason: To safeguard the future occupiers of the development against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013). 18. Noise Mitigation for Collection and Deliveries during Noise Sensitive Hours (23:00-07:00) Prior to occupation of any commercial units details shall be submitted for the approval of the Local Planning Authority for a Quiet Delivery Scheme (QDS). The Scheme shall be compiled in accordance with the Quiet Deliveries Good Practice Guidance, - Key Principles and Processes for Retailers, Department Of Transport, April The noise mitigation measures emanating from the site assessment report shall be implemented prior to the commencement of the QDS and shall be retained permanently thereafter. Reason: To safeguard future and existing occupiers of the area against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013). 19. Ventilation for residential dwellings Details shall be submitted to and approved by the Local Planning Authority prior to superstructure works, for the installation in the relevant dwellings of a fresh air ventilation system capable of mitigating elevated concentrations of nitrogen oxides and particulate matter in the external air. The details shall include: Details of the type of fresh air ventilation system to be installed; and The arrangements for maintaining the operational efficiency of the system. Page 13 of 45

14 The ventilation system as approved shall be completed prior to occupation of the relevant units and shall be retained permanently thereafter. Reason: To safeguard the amenity of future occupiers, in accordance with policy 5.21 of the adopted London Plan (2016), policy 1.1(e), of the adopted Ealing Development (or Core) Strategy (2012), and policy 5.21 of the adopted Ealing Development Management DPD (2013) 20. Emissions from CHP Plant Details shall be submitted for the approval of the Local Planning Authority prior to the commencement of superstructure works to demonstrate the CHP plant that may be installed complies with a minimum NOx Emission Standard of 20 mg/nm -3 (at Reference O2). Reason: To monitor the effectiveness of the equipment in order to confirm compliance with energy policies and establish an evidence base on the performance of such equipment in accordance with policies 5.2, 5.3, 5.5, 5.6 and 5.7 of the London Plan (2016), adopted Ealing s Development (Core) Strategy 2026 (3rd April 2012) and Development Management DPD (December 2013). 21. Odour Abatement of Any A3/A5 Use Prior to the occupation of any commercial units for A3/A5 use details shall be submitted for the approval of the Local Planning Authority, for the installation, operation, and maintenance of the best practicable cooking extract system, including the provision of a suitable extract fan, odour control equipment, with a vertical discharge terminus without any cap or cover, at a minimum of 1.5 metres above the highest roof eaves of the building. The details shall satisfy the advice at DEFRA, 2005: Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems. The system, as approved, shall be completed before occupation of the relevant commercial unit and thereafter permanently retained and maintained. Reason: To safeguard the amenity of future and adjoining occupiers, in accordance with policy 5.21 of the adopted London Plan (2016), policy 1.1(e), of the adopted Ealing Development (or Core) Strategy (2012), and policy 5.21 of the adopted Ealing Development Management DPD (2013) 22. Non-road mobile machinery Details shall be submitted for approval of the Local Planning Authority before the development has commenced of all Non-Road Mobile Machinery (NRMM) to be used on the development site. All NRMM should meet as minimum the Stage IIIB emission criteria of Directive 97/68/EC and its subsequent amendments unless it can be demonstrated that Stage IIIB equipment is not available. An inventory of all NRMM must be registered on the NRMM register All NRMM should be regularly serviced and service logs kept on site for inspection. Records should be kept on site which details proof of emission limits for all equipment. Reason: To safeguard adjoining occupiers of the development against unacceptable noise, disturbance and emissions, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing s Development Management DPD (2013). 23. Landscaping, Play Space and Public Realm Prior to commencement of landscaping works, and notwithstanding the indications in the submitted application; details of the hard and soft landscaping works, within the ground level public realm, pedestrian routes, roof terraces and other areas of public realm including the details of: a. the location, species and densities of planting; b. finishes to the hard surfaced areas; c. the amount, location of play space and full details of any play equipment proposed Page 14 of 45

15 d. associated furniture (including bins, bollards, seating) and other hard landscape works, and lighting e. disabled access and security measures shall be submitted and approved by the Local Planning Authority and implemented. Any trees or other plants, which die or are removed within the first five years following the implementation of the landscaping scheme, shall be replaced during the next planting season. Reason: To ensure a high-quality living environment is provided in interests the future occupiers of the development and the visual character and appearance of the conservation area, in accordance with policies 1.1 (e) (i) and 1.2 (d) of the adopted Local Development Framework (Core Strategy 2012), policies 7.4 and 7.6 of the London Plan (2016) and policy 7.4 of the Ealing Development Management Development Plan Tree Planting Prior to the commencement of the landscaping works, a detailed scheme of proposed tree planting shall be submitted for the approval of the Local Planning Authority. The scheme shall include the following comprehensive details of all trees to be planted: Full planting specification Tree size, species and the numbers of trees; Positions of all proposed species; Comprehensive details of ground preparation; Staking/tying method(s); and 5 year post planting maintenance schedule with an agreed inspection schedule. All tree-planting shall be carried out in full accordance with the approved scheme in the nearest planting season (1st October to 31st March inclusive) to the completion of the approved development, unless agreed otherwise in writing by the Local Planning Authority. The quality of all approved landscape works shall be in accordance with British Standard 4428:1989 Code Of practice For General Landscape Operations or any subsequent revision. All trees included within the approved scheme shall be healthy, well-formed specimens with single leading shoots and shall be of a minimum quality compatible with British Standard 3936:1992 (Part 1) Specifications For Trees & Shrubs and British Standard 4043 (where applicable) or any subsequent revisions. Any trees which within a period of 5 years from the completion of all tree planting die, are removed, uprooted are significantly damaged, become diseased or malformed shall be replaced during the nearest planting season (1st October to 31st March inclusive) with others of the same size, species and quality as approved. Reason: - To ensure that the works are carried out as approved in the interests of the visual character and appearance of the conservation area, in accordance with policies 1.1 (e) (i) and 1.2 (d) of the adopted Local Development Framework (Core Strategy 2012), policies 7.4 and 7.6 of the London Plan (2016) and policy 7.4 of the Ealing Development Management Development Plan External Lighting The proposed external lighting scheme shall be designed to reduce light pollution to nearby residents, and road users and where applicable the recommendations of the following guidance shall be met: ILP Guidance Notes for the reduction of Obtrusive Lighting Institution of Lighting Professionals Technical Report PLG05, Brightness of Illuminated advertisements, CIE Technical Report- Guide on the Limitation of the Effects of Obtrusive Light from Outdoor Lighting Installations - CIE 150: Statutory Nuisance from Insects and Artificial Light by Department of Environment Food. Guidance on sections 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005, Defra Reason: To provide a safe and secure external environment and to safeguard the amenities of future occupiers of the development and surrounding properties in accordance with policies 3.5 Page 15 of 45