Planning Committee 04/09/2013 Item: 03 HORSENDEN FARM HORSENDEN LANE NORTH GREENFORD UB6 7PQ

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1 Planning Committee 04/09/2013 Item: 03 Schedule Ref : Address: Ward: Proposal: PP/2013/2355 HORSENDEN FARM HORSENDEN LANE NORTH GREENFORD UB6 7PQ North Greenford Construction of new horticultural unit consisting of a portable building, polytunnel, 2 greenhouses, 2 container stores and associated landscaping Drawing numbers: ; Rev A; ; Rev C; Rev A; Rev A; Rev A; and Rev A (received ) Type of Application: Full Planning Application Application Received: 17/06/2013 Revised: Report by: Peter Lee Executive Summary: Recommendation: Grant with Conditions The application site is located to the east of Horsenden Lane North in Perivale and has an area of 0.4 hectares. The site is located within an area of Metropolitan Open Land (MOL) and is designated as being within an area of Public Open Space, a Metropolitan Park, a Site of Metropolitan Importance for Nature Conservation and an Archaeological Interest Area. The site is owned by the Council and forms part of the Horsenden Hill public open space and is located adjacent to the Horsenden Hill Visitor Centre and Horsenden Lodge. The site was formerly used as an orchard and is accessed from a 150 metre long access drive from Horsenden Lane North, accessed from a point just to the north of the bridge over the Grand Union Canal. The application site is located 100 metres from the nearest residential units at 202 to 210 Horsenden Lane North and 116 metres from dwellings in Bilton Road. There are also residential houseboat moorings located to the northern bank of the Grand Union Canal 75 metres to the southwest of the application site. The site is well screened by established woodland areas and is not visible from public viewpoints except from within the public open space. The proposal seeks permission to erect various buildings and structures to facilitate the use of the site for horticultural purposes. The structures proposed comprise a portable building unit, two greenhouses, a polytunnel and two steel storage containers, together with the provision of raised planting beds, access paths, compost bins and associated landscaping. The amount of built development proposed amounts to squares metres of floor area. The facility would be 1 of 14

2 managed by Accession Social Enterprise and would provide training, volunteering and work opportunities for people with learning difficulties, physical disabilities and people with mental health needs. The facility would replace the Horticultural Unit that previously operated from the St. Bernard s Hospital site in Southall which has had to be relocated due to development works at the hospital. The main issues to be considered are whether the development constitutes appropriate development in Metropolitan Open Land, whether the scale of the development is acceptable in MOL terms having regard to the impact of the proposal on the openness of the MOL, whether the development would have any adverse impact on neighbouring residential amenity and whether the proposal would have any detrimental impact on heritage assets, particularly in terms of archaeology and the character and appearance of the Canalside Conservation Area. No objections have been raised to the proposal as a result of the public consultation exercise or by any statutory or non-statutory consultees. The proposed development is considered to constitute appropriate development in Metropolitan Open Land terms, constituting a horticultural use, and the operational development proposed is considered to be of an appropriate scale and necessary for the efficient and effective carrying out of horticultural activities at the site. The use of the site by Accession Social Enterprise has been approved by Cabinet and is considered to constitute a valuable community resource that would provide a necessary medical and health service. As such, the proposal is considered to accord with relevant development plan policies. Approval is therefore recommended. Recommendation: Grant with Conditions Conditions/Reasons: 1. Time Limit 3 years - Full Permission The development permitted shall be begun before the expiration of three years from the date of this permission. REASON: In order to comply with the provisions of the Town and Country Planning Act 1990 (as amended). 2. Approved Plans The development hereby approved shall be carried out in accordance with drawing title number(s) ; Rev C; Rev A; Rev A; Rev A; and, Rev A unless otherwise agreed in writing by the Local Planning Authority. REASON: For the avoidance of doubt, and in the interests of proper planning. 3. Archaeological Investigation 2 of 14

3 No development shall take place until the applicant (or their heirs and successors in title) has secured the implementation of a programme of archaeological investigation in accordance with a Written Scheme of Investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. No development shall take place other that in accordance with the Written Scheme of Investigation. REASON: Heritage assets of archaeological interest are expected to survive on the site. The planning authority wishes to secure the provision of appropriate archaeological investigation, including the publication of results, in accordance with Section 12 of the NPPF, policy 7.8 of the London Plan (2011) and saved policy 4.9 of the adopted Ealing Unitary Development Plan, Plan for the Environment (2004). 4. Details of Hedgerow Planting Notwithstanding the information shown on drawing number Revision C full details of the new hedgerow to be provided around the perimeter of the orchard area, including details of the species and planting densities proposed, shall be submitted to and approved, in writing, by the Local Planning Authority prior to the commencement of the use of the site for horticultural purposes. Once approved, the development shall be carried out fully in accordance with the approved details, and the hedgerow shall be provided prior to the first use of the site for horticultural purposes and shall thereafter be permanently retained. Any trees or shrubs within the hedgerow which die or are removed shall be replaced with plants of an appropriarte size and species in the first planting season after the tree or shrub dies or is removed. REASON: To accord with the terms of the application and to ensure appropriate landscaping of the site is provided in this Metropolitan Open Land location, in accordance with policies 2.18, 7.17 and 7.19 of the London Plan (2011), policies 5.2 and 5.4 of the Ealing Development (or Core) Strategy (2012) and 'saved' policies 3.1, 3.8, 3.9 and 4.5 of the asopted Ealing Unitary Development Plan, 'Plan for the Environment' (2004). Informatives 1. The decision to grant planning permission has been taken having regard to the National Planning Policy Framework and the policies and proposals in the London Plan (2011), the Ealing Development (or Core) Strategy (2012, the draft Ealing Development Management Development Plan Document (2012) and the saved policies in the adopted Ealing Unitary Development Plan and to all relevant material considerations including Supplementary Planning Documents/Guidance: National Planning Policy Framework London Plan Spatial Development Strategy for Greater London (2011) Policy of 14 Summary Green Infrastructure: The Network of Open and Green Spaces Ensuring Equal Life Chances for All Improving Health and Addressing Health Inequalities Protection and Enhancement of Social Infrastructure Health and Social Care Facilities Sustainable Design and Construction Cycling

4 Walking Parking Building London s Neighbourhoods and Communities An Inclusive Environment Local Character Architecture Heritage Assets and Archaeology Metropolitan Open Land Biodiversity and Access to Nature Trees and Woodlands Ealing Development (or Core) Strategy (2012) Policy Summary 1.1(h), (i), (k) Spatial Vision for Ealing (f), (g) Delivery of the Vision for Ealing Protect and Enhance Metropolitan Open Land 5.3 Protect and Enhance Green Corridors 5.4 Protect the Natural Environment Biodiversity and Geodiversity 6.3 Green Infrastructure Draft Ealing Development Management Development Plan Document (2012) Ealing Local Variation to London Plan policy 2.18 Green Infrastructure: The Network of Open and Green Spaces Ealing Local Variation to London Plan policy 7.4 Local Character Policy 7B Design Amenity Policy 7C Heritage Policy 7D Open Space Unitary Development Plan Saved Policies Policy Summary 2.1 Environmental and Other Sustainability Impacts 3.1 Major Open Areas (MOA s) Metropolitan Open Land and Green Belt 3.2 Green Corridors and the Waterway Network 3.8 Biodiversity and Nature Conservation 3.9 Wildlife Protection 4.1 Design of Development 4.3 Inclusive Design Access for All 4.5 Landscaping, Tree Protection and Planting 4.8 Conservation Areas 4.9 Ancient Monuments and Archaeological Interest Areas 8.1 Existing Community Facilities 8.8 Health Care Facilities 9.1 Development, Access and Parking Supplementary Planning Guidance/Documents SPG/SPD Summary 4 of 14

5 Sustainability Checklist Accessible Ealing Safer Ealing Trees and Development Guidelines The decision to grant permission has been taken having given specific consideration to the impact of the proposed development on the openness of the Metropolitan Open Land (MOL), the appropriateness of the development in MOL terms, the design and visual impact of the proposal and its effect on neighbouring amenity, the impact of the development on the character and appearance of the area as a whole, taking account of the proximity of the site to the Canalside Conservation Area, and the impact of the proposal on other heritage assets and on biodiversity. The development is considered acceptable on these grounds, and it is not considered that there are any other material considerations in this case that would warrant refusal of the application. 2. To assist applicants in a positive manner, the Local Planning Authority has produced policies and written guidance, and offers and encourages a comprehensive pre-application advice service, all of which is available on the Council's website and outlined in a 24 hours automated telephone system. The scheme complied with policy and guidance. The Local Planning Authority delivered the decision proactively in accordance with requirements of the National Planning Policy Framework. 3. The written scheme of investigation will need to be prepared and implemented by a suitably qualified archaeological practice in accordance with English Heritage Greater London Archaeology guidelines. It must be approved by the planning authority before any on-site development related activity occurs. Site Description: The application site is located to the east of Horsenden Lane North, in Perivale, and comprises an area of 0.4 hectares. The site is located adjacent to Horsenden Lodge and the Horsenden Hill Visitor Centre and is in Council ownership. The site is accessed via a 115 metre long access drive from Horsenden Lane North accessed from a point just after the bridge over the Grand Union Canal (Paddington Branch), which lies to the south of the site. On the opposite side of the canal are located residential dwellings in Horsenden Lane North and Bilton Road and there are a number of residential houseboats located along the northern bank on the canal in relatively close proximity (60 metres) to the application site. The site is currently largely undeveloped forming a former orchard area with landscaped beds which has now been extensively cleared and laid to grass and a car park area and access roads used for visitors to Horsenden Hill and by a canoe club. There are a number of steel container stores and an open storage structure located within the car park area. The site falls extensively from north to south and the majority of the site is screened by mature boundary trees. The site is located in an area designated as Metropolitan Open Land and is within a Nature Conservation Management Area, a Site of Metropolitan and Local Importance for Nature Conservation and an Archaeological Interest Area, and lies in close proximity to the Green Corridor and Canalside Conservation Area along the Grand Union Canal, as shown on the adopted UDP Proposals Map. 5 of 14

6 In the Policies Map Booklet to the Ealing Development (or Core) Strategy the site is shown to be located in an area designated as Metropolitan Open Land, Public Open Space, a Metropolitan Park, a Site of Metropolitan Importance for Nature Conservation and an Archaeological Interest Area. The Proposal: The submitted application seeks planning permission for the creation of a horticultural unit which is being relocated as a result of developments at the St. Bernard s Hospital site in Uxbridge Road, Southall. The horticultural unit is part of a social enterprise to encourage increased community use of the site and create a local sense of ownership of the site. The unit would be run by Accession Social Enterprise. The proposal entails the provision of: 1/. a portable building unit (relocated from St. Bernard s Hospital); 2/. a polytunnel (frame relocated from St. Bernard s Hospital); 3/. two new greenhouse structures; 4/. two new steel container stores, to be located in the car park area to the south of the site; 5/. associated landscaping, including new raised planting beds, and compost bins; and 6/. new service runs. The portable building and one of the greenhouses would be located toward the northeast corner of the site and the polytunnel and other greenhouse would be located in the former orchard area in the centre of the site. The new raised planting beds would be located in various positions around the site. The new horticultural unit would provide training, volunteering and work opportunities for people with learning difficulties, physical disabilities and people with mental health needs. The proposal relates to the wider planning strategy at the West London Mental Health (NHS) Trust s (WLMHT) St. Bernard s Hospital site and would deliver a replacement for the Horticultural Unit which is having to be relocated due to the construction of the Medium Secure Unit at the hospital site. WLMHT works closely with Accession Social Enterprise (ASE) and the new development would be a key facility for patients of St. Bernard s Hospital. The horticultural facility would provide benefits such as health recovery, engendering a sense of personal worth and assisting individuals to return to employment. ASE is involved in finding new and effective pathways into work for people currently dependent on social care support. Its work recognises the importance of people with learning disabilities and people with mental health needs having the opportunity to be seen as people who can work in employment settings, rather than people who are dependent and need a lifetime in institutional settings. At the Ealing Council Cabinet meeting held on 23 October 2012 the future uses of Horsenden Hill Visitor Centre were debated. The Cabinet approved the plan for ASE to take occupation of the Visitor Centre and surrounding area to establish a Social Enterprise Centre involving ASE s partnership network (MIND, MENCAP, Art Collective, Capel Manor and Challenge Network). This application relates solely to the relocated horticultural unit. The other uses planned as part of the Social Enterprise Centre will be the subject of other approvals. 6 of 14

7 The portable building, polytunnel and greenhouses would be used for potting plants and seed trays. The new steel containers adjacent to the car park would be used for storage purposes. The amount of development proposed equals the amount of development previously located at St. Bernard s Hospital and would comprise the following: Proposed Buildings/ Structures Number of Storeys Area (GIA) Square Metres Area (GEA) Square Metres Portable Building Polytunnel Greenhouse Greenhouse Steel Container Steel Container TOTAL Part of the site would be leveled to take the new raised beds and paving would be provided to the top end of the site, to enable access by wheelchair users. An area of ground lower down the site would also be leveled to accommodate the polytunnel and a greenhouse. The new raised beds would be of various sizes. They would be formed of timber railway sleepers or preformed concrete cold frames and would have a height above ground level of 1 metre. The raised beds to the north of the orchard area would have concrete paving around them. Grass would be provided around the remaining raised beds to the south. It is proposed that 16 trees would be removed from the orchard area to make way for the polytunnel and greenhouse to be provided in that area. 10 of these trees would be relocated around the site and 6 new trees would be planted around the greenhouse and polytunnel so that overall there would be no tree loss. An existing disused pond would be filled in and the surrounding fence removed. The existing raised planting beds to the north of the site would be retained and replanted. The existing trellis north of the orchard area would be retained. A new post and wire fence, planted with native hedges either side, would be provided around the orchard area. Relevant Planning History: There are no directly relevant planning applications in respect of the application site. Planning permission was granted in 1997 for the use of an existing storage building as an interpretive centre (now the Horsenden Hill Visitor Centre) under reference 16134/6, and in 2001 permission was granted for the refurbishment of the canoe club and stores, to include 110 sq metres of ancillary cafeteria/restaurant, 60 sq metres ancillary retail area, new toilet facilities and associated car parking and servicing (16134/9). In respect to Horsenden Lodge, planning permission was granted in 1974 for the conversion of the premises into four self-contained residential units (planning application reference number 16134); permission was granted in 1993 for the change of use of three service tenancy flats to three self-contained single family dwellings (16134/4); in 1994 permission was granted for the 7 of 14

8 use of a service tenancy flat as a self-contained single family dwelling (16134/5); and in 1998 permission was granted for the use of part of the existing residential accommodation as a base for Countryside Rangers (16134/7). Consultation: Public Consultation - Summary Neighbour Notification: Initiated on the 21/06/2013 and additional letters delivered on 16/07/2013 (expired on 06/08/2013). 68 surrounding residential and commercial occupiers notified. No responses were received. External Consultation List English Heritage - Archaeology The application lies in an Archaeological Priority Area close to a scheduled Iron Age settlement and on what is believed to be the site of a medieval hamlet. However, the development will only involve small-scale ground disturbance. The development would not cause sufficient harm to justify refusal of planning permission provided that a condition is applied to require an investigation to be undertaken to advance understanding of their significance. Officers Response: Noted. An appropriate condition is recommended to be imposed should the Committee be minded to grant permission. Canal and River Trust No response received. Internal Consultation List Environmental Services (Refuse) No objections. Officers Response: Noted. Leisure Services and Major Projects No objection in principle in relation to the landscaping side of the proposal on the understanding that more detailed design information and plans are submitted to provide better provision of screening and co-ordination between the new proposed structures and the existing buildings and site character. Suggest that 6 conditions, relating to details of hard and soft landscaping, 8 of 14

9 including landscape design; details of boundary treatment; improved and detailed design in relation to the finishes of the proposed new structures and their link with the surroundings; details of a Landscape Management Plan for a minimum period of 5 years from the implementation of final planting; tree related conditions; and nature conservation related conditions. Officers Response: Noted. Whilst the request for conditions to be imposed is acknowledged, it is not considered the level of detail requested is appropriate in respect of the application proposal. The details already provided in relation to hard and soft landscaping and boundary treatment are considered to be sufficient. It is not considered that a Landscape Management Plan is required as the site will be managed by the Council along with the rest of the Horsenden Hill site. Sufficient tree planting and protection measures have been identified within the application and it is not considered that the proposal would have any detrimental impact on nature conservation interests given the existing, managed nature of the uses of the site and the relatively small area of the development site which is surrounded by open countryside. Regulatory Services Pollution No comments regarding this application. Officers Response: Noted Planning Policies: These are detailed in Informative 1 of the recommendation above. Reasoned Justification: Principle of Development The application site is located on Metropolitan Open Land. Policy 7.17 of the London Plan indicates that: The Mayor strongly supports the current extent of Metropolitan Open Land (MOL), its extension in appropriate circumstances and its protection from development having an adverse impact on the openness of MOL. The policy further states, in respect of planning decisions, that: The strongest protection should be given to London s Metropolitan Open Land and inappropriate development refused, except in very special circumstances, giving the same level of protection as in the Green Belt. Essential ancillary facilities for appropriate uses will only be acceptable where they maintain the openness of MOL. The National Planning Policy Framework details current Government guidance on protecting the Green Belt and indicates, at paragraph 89, that: A local planning authority should regard the construction of new buildings as inappropriate in Green Belt. Exceptions to this are: buildings for agriculture and forestry; The Planning Act defines agriculture as including horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of 9 of 14

10 land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and agricultural shall be construed accordingly. All of the structures proposed are therefore considered to constitute appropriate development in MOL terms as they are all required for the carrying out of horticultural activities on the site, albeit as part of a social enterprise initiative. Saved policy 3.1 of the adopted Ealing UDP states that the Council will permit only appropriate and essential developments required for open-air recreation, nature conservation, nature education, agriculture and forestry, which conserve and enhance the Major Open Area and further states that any development acceptable in Major Open Areas should: be of a small scale, and a height and design sympathetic to its setting in a Major Open Area; not damage the landscape, openness and natural character of the area; and provide environmental improvements on adjacent or other appropriate land. It is therefore considered that the proposed development does represent appropriate development in MOL terms. The scale, height and design of the structures are considered, in principle, to be acceptable and therefore the proposal is considered to comply with relevant National and development plan guidance. Design, Scale and Siting The design of the structures is considered to be functional, in accordance with their horticultural use. The portable building unit would be a standard unit of 32.2 square metres (10.2m x 3.15m) and would have a height above ground level of 2.85 metres. The unit would have a steel structure with plastisol coated infill panels and roof and would have four window openings and an access door in the east elevation, four windows in the west elevation and two high level windows in both the shorter north and south elevations. The new greenhouses would be fully glazed structures with cedar wood framing. The units would have dimensions of 12.4 metres by 3.25 metres and a maximum height 2.26 metres to the central ridge, falling to an eaves height of 1.6 metres. The structures would be provided with entrance door openings in the north and south (short) elevations and have a central concrete paving slab walkway through the centre of the structures. The polytunnel would comprise a polythene cover supported by steel hoops. The structure would have dimensions of 17.1 metres by 6.4 metres and would have a maximum height of 3.05 metres. The structure would have doors in the north and south (short) elevations and would also have a central concrete paving slab pathway through the middle of the structure. The two steel containers would have dimensions of 2.6 metres by 5.4 metres and a height of 2.8 metres. These containers would be painted green to reflect the colour of the existing steel containers on the car park area used for storage purposes by the Ealing Canoe Club. The structures would be sited close to or within the former orchard area to Horseden Lodge or in the lower car park area. The portable building unit would be located to the western side of the servicing area to the southwest of Horsenden Lodge and would be located 19 metres from the disused dwelling at its nearest point. On the opposite side of the service yard would be located one of the two greenhouses and this would be situated some 12.5 metres from Horsenden Lodge at its nearest point. 10 of 14

11 The second greenhouse would be located toward the south-western side of the former orchard area and would be positioned 34 metres to the southeast of Horsenden Lodge. The proposed polytunnel would be situated alongside the greenhouse, with a 2.2 metre gap between the two structures, and would also be situated 34 metres from Horsenden Lodge, in the centre of the former orchard area. The steel containers would be located within the car park area alongside the existing storage containers used by the Ealing Canoe Club and would be situated 104 metres to the east of Horsenden Lodge, 85 metres to the southeast of the Horsenden Hill Visitors Centre and 27 metres to the southeast of the existing storage shed abutting the corner of the car park. The proposed planting beds raise no design issues given their scale. The application site is well screened from public views, with extensive areas of mature trees and shrubs that effectively screen any long-distance views. The structures would only become visually apparent when pedestrians and vehicles were approaching the end of the access road into the site. It is noted that the Council s Leisure Services & Major Projects team have indicated that they consider the portable building and steel storage containers should be clad in timber to soften the visual impact, to blend with the site character and to avoid the hard utilitarian look but to add to and improve on what is already on site. It is not considered that this would be necessary given the limited visual impact of these structures. The design of the proposed development is therefore considered to be appropriate and in keeping with the character and appearance of the area and is considered to accord with relevant development plan policies. Impact on Residential Amenities of Adjoining Properties The nearest residential dwellings to the application site are located to the east of Horsenden Lane North and to the north side of Bilton Road but are all located in excess of 100 metres from the site boundary and a greater distance from any of the proposed structures. There are also seven residential houseboat moorings close to the site along the northern bank of the Grand Union Canal but again these are all over 55 metres from the application site boundary. Given the sloping topography of the site and the extensive tree screening around Horsenden Lodge and the Horsenden Hill Visitors Centre and the nature of the proposed use of the site it is not considered that the proposed development would have any impact on neighbouring residential amenity. Impact on Heritage Assets The application site is located in close proximity to the Canalside Conservation Area and is within a designated Archaeological Interest Area. However, given the distance that the site is set away from the conservation area it is not considered that any part of the proposal would be visible and therefore the development would not have any impact on the character and appearance of the conservation area itself. Whilst the proposal would involve some ground works to level the site in some locations to facilitate the construction of some of the buildings proposed, the extent of these works would only result in a maximum of 1 metre lowering of ground level in limited areas and the material 11 of 14

12 would be used to raise ground levels elsewhere on the site. It is therefore considered that such limited works are unlikely to result in any impact on archaeological interests, but is recommended that a condition be imposed to require the submission of an archaeological study prior to the commencement of any works. Car Parking, Access and Traffic The development has been designed to provide space for approximately 5 to 12 service users at one time, with the potential to increase to 20 in the future. Service users would predominantly travel by public transport to the site, with wheelchair users dropped-off and collected from various learning disability sites or their home addresses. The submitted application form indicates that there are currently 36 car parking spaces available within the application site, including one to disabled standard, although the car parking area is not marked out. The proposal does not propose any changes to this provision nor are any changes proposed to the access arrangements. The proposed use would not be likely to generate a significant amount of vehicular or pedestrian traffic as the use would employ 2 full-time and 10 part-time staff (a full-time equivalent of 7 people) and the use would only operate between 08:00 hours and 20:00 hours on Monday to Friday and 09:00 hours to 20:00 hours on Saturdays, Sundays and Bank Holidays during the summer, with lesser hours during the winter. The site has a Public Transport Accessibility Level of 2 (Low). The site is located around a 4 minute walk-time (323 metres) from the nearest bus stop, at Perivale Community Centre, served by the 297 bus service, and a 10 minute walk-time (820 metres) from the Perivale London Underground station, served by the Central Line. As such it is not considered that the use would raise any car parking, access or traffic generation issues. Accessibility Due to the changes in site levels it would not be possible to provide wheelchair access to all parts of the site. The raised planting beds to be provided close to Horsenden Lodge would, however, be provided with a minimum of 1.2 metre wide paving areas around them for wheelchair access and this 1.2 metre wide paving would continue to one of the greenhouses, located adjacent to the proposed portable building, adjacent to the drop-off area where the minibus for wheelchair users would access the site. Where wheelchair access is not considered to be necessary or practicable the raised beds would have single paving or grass around them. The layout of the site would therefore provide wheelchair access for the area between the portable building adjacent to the south-western side of the site across to the existing raised planting beds abutting the north-eastern boundary of the site, a distance of 40 metres and covering around half of the horticultural unit. There is a disabled WC facility located within the Horsenden Hill Visitor Centre complex that would be made available to users of the development. Refuse & Recycling 12 of 14

13 The proposed use is considered to be unlikely to produce significant amounts of refuse or recyclable material and the development would utilise the existing storage facilities within the Horsenden Hill Visitor Centre complex. Any biodegraded material produced at the site would be placed in the on-site timber/plastic compost bins to be provided as part of the development. Energy Efficiency/Sustainability The applicants have stated that they consider the environmental impacts of the development would be reduced by the re-use of an existing portable building and polytunnel frame which would both be relocated from the former St. Bernard s Hospital Horticultural Unit. Paving stones, reformed concrete cold frames and timber sleepers for raised beds and low-level retaining walls would also be re-used from the St. Bernard s site. The greenhouses and polytunnel would be orientated to optimise natural light gain on the south facing orchard area. New service runs, for electricity and water, would be provided using energy efficient systems and pumps, linked into exiting supplies. Biodiversity New native hedging would be planted around the perimeter of the orchard area, which should help native fauna species to inhabit the area. The majority of the existing trees on the site would be retained, Trees that are being removed would either be relocated or replaced with new native trees. Community Infrastructure Levy The applicants have indicated that they have discussed the details of the proposal with Andrew Barry Purssell at the Greater London Authority and consider that the proposal should not be subject to a CIL charge. It is considered that, with reference to Table 2 of the Charging Schedule, the development would be subject to a Nil rate because the development would be used wholly or mainly for the provision of a medical/health service. Human Rights Act: In making your decision, you should be aware of and take into account any implications that may arise from the Human Rights Act Under the Act, it is unlawful for a public authority such as the London Borough of Ealing to act in a manner, which is incompatible with the European Convention on Human Rights. You are referred specifically to Article 8 (right to respect for private and family life), Article 1 of the First Protocol (protection of property). It is not considered that the recommendation for approval of the grant of permission in this case interferes with local residents right to respect for their private and family life, home and correspondence, except insofar as it is necessary to protect the rights and freedoms of others (in this case, the rights of the applicant). The Council is also permitted to control 13 of 14

14 the use of property in accordance with the general interest and the recommendation for approval is considered to be a proportionate response to the submitted application based on the considerations set out in this report. 14 of 14