SCHEDULE ITEM: 05. PLANNING COMMITTEE 20 th October Site Location : 16a Cuckoo Lane, W7. Games Court. 27.7m. 28.3m. 28.7m. El Sub Sta. 26.

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1 PLANNING COMMITTEE 20 th October 2004 Site Location : 16a Cuckoo Lane, W7 GROVE AVENUE SCHEDULE ITEM: Games Court m CUCKOO LANE m m 87 DRAYTON BRIDGE ROAD APRIL CLOSE 14 Surgery 19 to 22 El Sub Sta to Hall Hall Church 56 c to 8 GREENFORD AVENUE COWPER BM 27.74m ROAD 69 1a PO 16a a b 122 to a LB m m 116c 116b a 4 to 9 Holbrook Court Golden Court BM 26.36m Manor House School 59 1 to to 18 Blagdon Court This map is reproduced from the Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office. Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. LB Ealing Licence no The Ordnance Survey mapping included within this web-site/document is provided by the L.B. of Ealing under licence from OS in order to fulfil its public function to act as a planning authority. Persons viewing this mapping should contact Ordnance Survey copyright for advice where they wish to licence OS mapping for their own use. Print Date 8 / 10 / 2004 Planning Services EGIS 2002 Original Image Captured at Scale 1:1250 THIS DOCUMENT IS NOT TO SCALE

2 PLANNING APPLICATION REPORT DATE: 20 October 2004 PLANNING COMMITTEE REF: P/2004/ WARD: HOBBOYNE PLANNING OFFICER: S S Basuta AREA TEAM MANAGER: Aileen Jones Address: Proposal: 16A Cuckoo Lane, London, W7 Demolition of the existing bungalow and erection of 4 two-storey semi-detached houses in two pairs, construction of internal driveway and parking. Application Received: 11/8/04 - Revised: 8/10/04 Type of Application: Full RECOMMENDATION GRANT permission for development as shown on drawing No(s): 1105/01, 02a, 04D, 05c, 06b, 11, 12 and 13 received on 11/8/04 and 03k and 10d received 8/10/04 subject to the following conditions: Time Limit The development hereby permitted shall be begun before the expiration of five years from the date of this permission. REASON: In order to comply with the provisions of the Town and Country Planning Act Samples of Materials Samples of the materials to be used for the external surfaces of the development shall be submitted to and approved in writing by the Local Planning Authority before any part of the development is commenced, and this condition shall apply notwithstanding any indications as to these matters which have been given in this application. Development shall be carried out in accordance with these approved details. REASON: To ensure that the materials harmonise with the surroundings in accordance with adopted Unitary Development Plan policies B1, B5 and ES6 and replacement Unitary Development Plan policies 4.1 and Provision of Refuse Storage Refuse bin stores shown in the approved drawing shall be built and brought into use prior to the first occupation of the development permitted and retained permanently. REASON: To protect the living conditions of occupiers of the area in accordance with adopted Unitary Development Plan policies B1, B5, and H34 and replacement Unitary Development Plan policy 4.1. Page 2 of 16

3 Details of Boundary Treatment 05 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings are occupied Development shall be carried out in accordance with the approved details and shall be permanently retained. REASON: To protect the visual appearance of the area and the living conditions of neighbouring occupiers in accordance with adopted Unitary Development Plan policies B1, B2, B5 and B8 and replacement Unitary Development Plan policy Details of Landscaping No development shall take place until full details of both hard and soft landscaping works, including a phased programme of works, have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved prior to the occupation of any part of the development or in accordance with the programme agreed by the Local Planning Authority. 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 that the development is landscaped in the interests of the visual character and appearance of the area in accordance with adopted Unitary Development Plan policies B2, B16 and ES4 and replacement Unitary Development Plan policies 4.1, 4.5 and 5.5 of the UDP Permitted Development Restricted Notwithstanding the provisions of Class(es) A, B, C, D and E of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, no extension shall be carried out without the prior permission of the Local Planning Authority, obtained through the submission of a planning application. REASON: To prevent the overdevelopment of the site and to safeguard the amenity of adjoining properties in accordance with adopted Unitary Development Plan policies B1, B5, H26 and ES6 and replacement policies Unitary Development Plan 4.1, and No New Windows or other openings Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995, no windows or other openings (other than those shown on the submitted plans) shall be formed in the walls and roof of the building permitted. REASON: To protect the living conditions of neighbouring properties and the visual appearance of the area in accordance with adopted Unitary Development Plan policies B1, B5, H26 and ES6 and replacement policies Unitary Development Plan 4.1, and Tree Survey and Protection No work shall start on site until details of an arboriculturalist s survey of the trees on site has been submitted to and approved in writing by the local planning authority. The survey results shall show which trees are to be retained and shall specify the methods to be used to ensure their protection during the development and their permanent retention thereafter. The details so approved shall be implemented. Page 3 of 16

4 REASON: To identify and protect the trees to be retained on site in the interests of the appearance of the area in accordance with adopted Unitary Development Plan policies B1, B2, B16 and ES4 and replacement Unitary Development Plan policies 4.1, 4.5 and No Works to Trees The existing trees on the site shall not be lopped, felled or otherwise affected in any way (including raising or lowering soil levels under the crown spread of the trees) and no excavation shall be cut under the crown spread of the trees without the prior written permission of the Local Planning Authority. REASON: To safeguard the trees in the interest of visual character and appearance of the area in accordance with adopted Unitary Development Plan policies B2, B16 and ES4 and replacement Unitary Development Plan policies 4.1, 4.5 and 5.5 of the UDP Tree Works to BS 3998 The authorised tree work shall be carried out to the latest requirement of British Standard 3998 Recommendations for Tree Work. REASON: To safeguard the trees in the interest of visual character and appearance of the area in accordance with adopted Unitary Development Plan policies B2, B16 and ES4 and replacement Unitary Development Plan policies 4.1, 4.5 and 5.5 of the UDP Fencing of Trees The entire root system of trees to be retained, as shown on the approved drawings, indicated by the spread of their branches, shall be protected by stout exclusion fencing until completion of the development. REASON: To safeguard the trees in the interest of visual character and appearance of the area in accordance with adopted Unitary Development Plan policies B2, B16 and ES4 and replacement Unitary Development Plan policies 4.1, 4.5 and 5.5 of the UDP Tree Protection The area beneath the spread of the branches of the trees to be retained as shown on the approved drawings shall not be used for the storage of building materials, plant, machinery or other items, or for vehicular access or for the burning of materials of any kind. REASON: To prevent damage to the trees in the interest of the visual character and appearance of the area. 13. Hours of delivery and vehicle management. For the duration of the site preparation, construction and finishing out and until each dwelling is first occupied, no deliveries to the site shall take place before 9.30 am and after 4 p.m. on Monday to Friday, before 8 am and after 1 p.m. on Saturdays, and not at all on Sundays and public holidays. Before any work starts on site, a scheme shall be submitted to and approved in writing by the local planning authority to ensure the supervision and safe manoeuvring within April Close / Cuckoo Lane of all vehicles delivering to or collecting from the site. The scheme so approved shall be operated by the developer at all times until completion of the project. 05 Page 4 of 16

5 05 REASON: To ensure highway safety in nearby roads and to protect living conditions of neighbouring occupiers in accordance with adopted Unitary Development Plan policies B1, B5, B8 and ES5, and replacement Unitary Development Plan policies 4.1, 4.11, 5.5, 9.1, 9.9 and Details of Visibility Splays / Pedestrian access / pedestrian safety measures etc Notwithstanding any indication given in the approved drawings details of visibility splays at the junction of the proposed access road and April Close, shared vehicular / pedestrian access to the houses and safety margin along the access road shall be submitted to and approved by the Local Planning Authority before commencement of works at the site and the approved measures and the new access road shall be constructed before any part of the development permitted is first occupied or brought into use and the approved pedestrian visibility splays / pedestrian access / safety margins shall be permanently retained thereafter. REASON: In the interests of highway safety in accordance with adopted Unitary Development Plan policies T 62, T63 and replacement Unitary Development Plan policies 4.1, 9.1, 9.9 and Provision of Car Parking and Access The internal access road and car parking spaces as approved by the Local Planning Authority shall be constructed / provided before first occupation of any part of the development hereby permitted and thereafter retained permanently. REASON: To ensure that there is adequate and satisfactory provision for car parking and pedestrian access within the site in accordance with adopted Unitary Development Plan policy T50, T62 and T63 and replacement Unitary Development Plan policies 4.1, 9.1, 9.9 and INFORMATIVES The decision to grant planning permission has been taken having regard to the policies and proposals in the adopted Ealing Unitary Development Plan and the deposit replacement Ealing Unitary Development Plan and all relevant material considerations including Supplementary Planning Guidance: Replacement UDP 4.1 Design of Development 4.5 Landscaping, Tree Protection and Planting 4.8 Conservation Areas 4.11 Noise & Vibration 5.5 Residential Design 9.1 Development, Access and Parking 9.5 Walking and Streetscape Cycling 9.8 Low Car Housing & City Car Clubs 9.9 Highways & Traffic Management 9.11 Servicing Page 5 of 16

6 Adopted UDP 05 B1 Design of Buildings B2 Landscaping B5 Design and Neighbouring Development B8 Noise and Visual Intrusion B16 Preservation and Planting of Trees B24 Preservation of Conservation Areas ES2 Daylight and Sunlight ES4 Planting and Safeguarding Trees and Landscapes ES5 Noise and Vibration ES6 Design of Elevation and Rooflines H12 Accessible Ealing H13 Mobility and Wheelchair Housing H20 Residential Sites H26 Housing Layout H27 Garden and Backland Development H28 Housing Density H29 Density in Sensitive Areas H31 Amenity Open Space and Residential Development H33 Outlook and Privacy H34 Refuse Collection and Storage T31 Parking and Development T39 Development causing On-Street Parking T50 Car Parking for New Residential Development T62/T63 design of Parking & Access Supplementary Guidance (S.G.) S.G Note 3 Garden Space S.G. Note 4 Indoor Living Space for New Dwellings & Conversions 2. Construction and demolition works, audible beyond the boundary of the site shall only be carried out between the hours of 0800 and 1800 hours Mondays to Fridays and 0800 and 1300 hours on Saturdays and not at all on Sundays and Public Holidays. The maximum permitted noise levels are: - not greater than 72 db L Aeq.10 hr Mondays to Fridays - not greater than 72 db L Aeq.5 hr Saturdays. 3. Vibration from demolition, breaking of concrete and piling etc., as measured in the vertical direction on any floor in surrounding noise sensitive buildings, should not exceed an overall peak particle velocity level of 1mm/s. 4. Prior to commencement of construction and demolition works, details of noise/vibration and dust mitigation measures should be submitted to Environmental Health section for approval. 5. Prior to the commencement of any site works, all residential properties within 50m of the site boundary should be notified in writing of the nature and duration of works to be undertaken, and the name, address and telephone number of a responsible person, to whom enquiries/complaints should be directed. 6. No bonfires should be lit on site. Page 6 of 16

7 05 7. The applicant is advised to provide 0.5m pedestrian safety strips along the access road together-with shared pedestrian / vehicular access to the proposed houses at the rear. CONSULTATION: Neighbour Notification and Press Advertisement: 45 notified. 16 letters received objecting to the proposal on the following grounds:- The proposal would be out of character with the nearby Conservation Area Proposal represents an overdevelopment of the site The proposed access and parking area would cause noise, fumes and disturbance to nearby occupiers Likely to increase parking and traffic problems in the area The access road is narrow and unsuitable for construction vehicles The proposal is contrary to UDP policies Loss of trees would be harmful to visual amenities Potential loss of privacy and overlooking of nearby gardens Likely to cause disruption during construction April Close provides access to the site which would not be suitable for additional traffic The proposal would be visually intrusive and loss of openness Loss of outlook to nearby residents April close is not suitable for service vehicles The proposal represents a garden and backland development The proposal would affect the wild life in the area The proposal would be in breach of the covenant on the land requiring to retain only one house on the plot The proposal would result in a loss of green space No provision has been made for service and emergency vehicles within the site The proposal would result in overcrowding and drainage problems in the area Response: Local resident s objections such as disruption during construction and drainage problems are not strictly relevant planning considerations. This application has been submitted following dismissal of appeal of a similar application. The appeal was dismissed primarily on grounds of potential harmful effect on the amenities of future occupiers of the site. It was considered the proposed development would be compatible with the existing development including Conservation Area and would have no material effect on the amenities of nearby residents in the vicinity of the site. The inspector also considered highway safety and parking issues. Adequate provision for parking and refuse storage has been made within the site. There is adequate scope for landscaping within the site to compensate the loss of trees / open space. Local residents concerns were considered at the most recent appeal and the current proposal would overcome the objections to the previous proposal. Transport Services Object to the proposal on grounds of inadequate visibility splays, over provision of parking spaces, lack of disabled parking provision and lack of safe pedestrian access to dwellings. Response: In view of the Transport Services observations Page 7 of 16

8 05 appropriate amendments have been made to the proposal. Consideration has also been given to the Inspectors appeal decision, which has been dealt with in detail in the section, Reasoned Justification, in the main body of the report. Principal Environmental Health Officer Hanwell and Canal Conservation Area Panel Hanwell Steering Group Environmental Services Cuckoo Estate Residents Association Crime Prevention Advisor Advises about health matters No response at the time of drafting this report. No response at the time of drafting this report. No objection No response received Concerned about lack of natural surveillance of the houses proposed at the rear, suggested to enclose gardens by a 2m high fence, to provide gated access to the houses and relocation of refuse bins. RESPONSE: The rear gardens would be enclosed by a high level fence. Refuse bins need to be located within a collectable distance. Provision of a gated access would not be desirable on highway safety grounds. RELEVANT PLANNING HISTORY: Ref. Date Proposal Decision / / /3 18/5/87 Single storey extension at side & rear of house Granted 21/5/03 Demolition of the bungalow and erection of two pairs of 4 semi-detached houses 18/9/03 Demolition of the bungalow and erection of two pairs of 4 semi-detached houses 2/04/04 Demolition of the bungalow and erection of two nos semi-detached two storey houses on street frontage and single storey bungalow at rear and construction of internal access road and parking Withdrawn Refused & Appeal dismissed on 21/7/04 Refused & Appeal Hearing scheduled to be held on 7/12/04 PLANNING CONSIDERATIONS: SUMMARY This application has been received following the refusal of planning permission and dismissal of an appeal for a very similar development. The Inspector considered that the appeal proposal would have no material impact on character of the area including nearby Conservation Area and living conditions of nearby residents. The appeal was primarily dismissed on grounds of harmful effect on future occupiers of the site. The current scheme addresses the issues, which the Inspector considered relevant for the Page 8 of 16

9 05 dismissal of the appeal and this has been discussed in detail in the justification of the application proposal. SITE DESCRIPTION & DETAILS OF THE PROPOSAL The application site occupied by a single storey bungalow, is situated at the bend of April Close overlooking its junction with Cuckoo Lane within a predominantly residential area. April Close is a small L shaped cul-de- sac off Cuckoo Lane. There is a block of flats on east side of the bungalow in April Close. There are domestic lock up garages opposite the site in the rear gardens of houses in Cuckoo Lane. These garages are accessible from April Close. There are also lock up garages on the west side of the site abutting April Close. The application plot covered by vegetation and trees is some 99m deep wedged between the rear gardens of the properties in Greenford Avenue to the east and Church Road to the west. The properties in Church Road are within the Church Road Conservation Area. West and southern boundaries of the site adjoin the boundary of the Conservation Area. The level of the front part of the site where the existing bungalow is situated, is approximately 1m higher than the rear part of the site. The site measures 1350 sqm approximately. The proposal would involve demolition of the existing bungalow and erection of 4 two storey semidetached houses in two identical pairs at a tandem arrangement. An internal road proposed along the east boundary of the site, would provide access to the two houses proposed at the rear. Altogether 6 parking spaces (2 for the houses on the street frontage and 4 for the houses at the rear) on the forecourts of the proposed houses would be provided for the proposal. The main footprint of each of the identical pairs would be 10.9m wide and 10m deep with a 1m gable end projection at the front incorporating entrance canopy at ground level with projected bedrooms over. Each house proposed at the rear would also have a 3.5m X 3.5m conservatory at the rear. No conservatories are proposed to the houses proposed along the street frontage. Maximum height of each of the blocks would be 8 metres with eaves at 3.9m from ground level. No windows are proposed in the flank and at first floor rear elevations of the houses and instead rear bedrooms would have velux windows. Similarly, two velux windows for toilet / bathrooms are proposed in each of the side elevations. The applicant has stated that the proposal would result in a loss of minor trees from the site. The level of the site at the front is proposed to be lowered at a gradient to match with the rear part of the site. Foot print, scale, bulk and siting of the proposed houses is almost identical with the appeal proposal. The material difference being the conservatories to the houses proposed along the street frontage have now been deleted and adequate garden areas, particularly for the houses at the front, have been provided for the houses. PLANNING POLICY Replacement UDP 4.1 Design of Buildings The design of development should be guided by the following principles: 1. Good Layout 2. Appropriate Height and Scale 3. High Quality architecture & Character 4. Appropriate Materials 5. Sustainability 6. Access for all 7. Community Safety 8. Legibility 9. Appropriate Hard and Soft Landscaping 10. Adaptability Page 9 of 16

10 05 However the Council will only approve development that respects adequate standards of safety, natural light, health, privacy and freedom from disturbance or visual intrusion in relation to neighbouring land uses. 4.5 Landscaping, Tree protection and Planting 1. The Council will require that a well designed and integrated landscaping scheme, with appropriate maintenance and management will accompany any application. Landscaping schemes should ensure the identification and protection of existing quality planting as well as the planting of new suitable trees and shrubs in appropriate locations. 2. The Council will continue to make Tree Preservation Orders, particularly where trees are likely to be affected by development, and/or where the trees are particularly visible or are: Large or healthy specimens Part of a group which contributes to the character of the area 4.8 Conservation Areas 4.11 Noise & Vibration 1. Development generating noise and/or vibration will not be permitted where it would create or worsen noise or vibration above acceptable levels. In particular they will not be permitted where they would harm existing or proposed noise sensitive development in the area, and if this cannot be acceptably attenuated. 2. Noise - sensitive development will not be permitted where its users would suffer noise above acceptable levels, and if this cannot be acceptably attenuated Light Pollution 5.5 Residential Design Residential development should provide good living conditions for residents and good architectural quality; it should relate well to its setting, and incorporate sustainability principles.. In particular, residential development proposals should: Good Living Conditions for Residents Good Architectural Quality Good relationship to its setting Sustainability Principles TABLE 5C Outlook and privacy TABLE 5D: Residential Garden Space TABLE 5F Infill Development on Backland Sites 9.1 Development, Access and Parking Planning permission will normally only be granted for development which ensures traffic safety, and: i) maximises access on foot, and by wheelchair and bicycle, including provision for parking and other facilities ii) maximises public transport use by visitors, employees and residents, considers the availability of car parks and on-street parking in the area, and where necessary, contribute to parking control and other local traffic restraint measures, iii) consistent with the local Area Transport Strategy, iv) provides off-street car parking for journeys which cannot be catered for in any of the above ways, and in any case no more than the council's maximum requirement, Page 10 of 16

11 05 v) provides space for servicing and the parking of service vehicles and coaches, vi) ensures that the surrounding streets are not subject to parking stress or danger or nuisance from inappropriate on-street parking or waiting as a result of the proposed development, provides a Travel Plan 9.8 Low Car Housing and City Car Clubs 9.9 Highways and Traffic Management the Council will regulate development in the interests of road safety and to make the best of available road space for all users. on local roads, development which would generate significant traffic increases will be resisted Parking and Servicing Areas 1. The Council will ensure that development has proper facilities for parking and servicing within the curtilage of the site, including - adequate manoeuvring and loading/ unloading space for freight and passenger vehicles Adequate means of vehicular and pedestrian access to the site Good design of the parking and servicing area. Appendix One and Two Table and Notes for Car parking Requirements and Note on Layout of Car parking Spaces Supplementary Guidances about Garden Space & Indoor Living Space UDP B1 Design of Buildings The Council will expect all new development to reflect the best elements of the character of the surrounding area, or have sufficient and distinctive merit, which adds to the character and appearance of the area. The Council recognises that the design and layout of urban development reflects the Boroughs multi-cultural character In considering applications for development, including change of use, in areas which lack amenities, the Council will not permit development which perpetuates an unsatisfactory environment or which is inferior to normal design standards. B2 / B16 / ES4 Landscaping / Tree Preservation The Council considers the space around buildings is an important element of new development and will ensure adequate landscaping treatment of the boundaries and general areas of appropriate development sites by: i) requiring that planning applications make provision for landscaping and maintenance, the planting of trees and shrubs, climbing plants and ground cover, materials for hard surfaces and means of enclosure, height of boundary walls and fences and the location of access points, also that planting schemes minimise opportunities for graffiti as in supplementary guidance Safer Ealing; ii)making Tree Preservation Orders, particularly where trees are likely to be affected by development; iii) making planning permission conditional on the retention of suitable trees within or adjoining the site, on measures to safeguard them during development and on the planting and maintenance of new trees and shrubs; and iv) requiring planting, seeding and turfing to be carried out during the first available planting season following the date of completion of any part of the development. B5 Design and Neighbouring Development The Council will only approve developments which respect adequate standards of safety, health, privacy and freedom from disturbance or visual intrusion in relation to neighbouring land uses, as set out in the Environmental Standards. No development will be permitted which may prejudice or significantly restrict the development potential of any surrounding land. Page 11 of 16

12 B8 Noise and Visual Intrusion The Council will require development which either causes or is affected by excessive noise and visual intrusion to be screened by landscaping, tree and shrub planting, barrier fencing or walls, and provided with suitable sound attenuation, as most appropriate in improving the area or development. B24 Preservation of Conservation Areas ES2 Daylight and Sunlight New building and extensions to existing buildings should: i)be arranged to provide adequate natural lighting conditions in all living and working space, and also in garden and amenity spaces; ii) allow sufficient light to reach buildings, gardens and sites on adjoining property; and iii) have regard to a number of criteria: b. Extension to existing development Extensions should not project beyond a line measured at an angle of 45 degrees at the edge of the nearest window of a kitchen or habitable room on the ground floor in the rear wall of the adjoining property, subject to the requirements of the standard H8. Above the ground floor extensions must not project beyond this line; and. ES5 Noise and Vibration Developments which are exposed to or which themselves generate excessive noise and which cannot be adequately attenuated will not normally be acceptable. ES6 Design of Elevation and Roof Lines The design and treatment of elevations and roof fines in development which involves alterations or extensions to existing buildings, or the construction of new ones should respect the style and character of the surrounding area reflecting any predominant or special features, including fenestration, entrances, roof lines, materials and finishes. H20 Residential Sites Planning permission will be given for the development or redevelopment of sites, where appropriate, for residential purposes. Such development must not prejudice the development potential of adjoining land or reduce the external amenity or parking space of adjoining buildings to below an acceptable level, and should otherwise be environmentally compatible with neighbouring land uses. Backland development will be required to meet the criteria of Policy H27. H26 Housing Layout The Council will regulate the design of new residential development giving first priority to securing a good environment for residents, having regard to the characteristics both of the site and the surrounding area. Any loss of garden or other green space around existing buildings will normally only be permitted if the development results in a compensatory benefit for the local area in environmental and landscape terms, and safeguards the amenity of the local area. H27 Garden and Backland Development Garden and backland development will be permitted only where adequate access for drivers, pedestrians and servicing arrangements, acceptable density and good design standards are provided (as required in Policy H26) and the following criteria are satisfied: i) there is no unacceptable overlooking of houses and back gardens; ii) access and car parking areas do not significantly increase the noise and disturbance for existing residents in adjoining areas or create problems for those occupying the proposed development; iii) trees with a high amenity value or parts of the site with wildlife value are normally retained, and good landscaping provided; iv) the design reflects the character of the area, the scale is appropriate to the size of the site and any problems of overlooking, and frontage development reflects the character of the street scene; or the site is large enough to provide an alternative design in landscape setting; Page 12 of 16 05

13 05 v) there is adequate space between the existing and new buildings to preserve the visual amenities of the adjoining residents so that the proposal does not appear overbearing or cause loss of daylight or sunlight to existing buildings and those parts of the gardens immediately adjacent to the buildings so as to safeguard the environmental quality of the private garden space (see Supplementary Guidance on Private Garden Space). This may be achieved by retaining some space in the redevelopment where it adjoins private amenity space of existing residential development; vi) within Conservation Areas or Areas of Special Character of Local Importance any published guidelines for any particular area already approved by the Council are followed and the scheme contributes to their townscape value; vii)opportunities for and the desirability of a comprehensive redevelopment with adjoining land have been taken into account; viii)the proposal will not form undesirable piecemeal development; and ix)it does not create unsatisfactory tandem development. The demolition of houses along a street frontage for development of garden or backland will not necessarily result in permission for more intensive development. Only sensitively designed proposals which result in a benefit in environmental and landscape terms which safeguard the amenity and character of the residential area will be permitted. The Council will use available powers of demolition control where appropriate in order to avoid the demolition of residential buildings before the details of alternative development have been approved. Enough detail must be included in applications for backland or garden development to enable the above criteria to be considered. Density of residential development of backland will be based on net site area excluding any access road and will normally not exceed 60 habitable rooms per acre (148 hrh). Except in special circumstances, the residential development of backland should be limited to single-storey dwellings and to two-storey houses to reduce overlooking from living rooms. H29 Density in Sensitive Areas (Maximum density 148 HRPH) Digest on Housing density H31 Amenity Open Space and Residential Development When submitting schemes for development, applicants should consider the provision of amenity open space to provide space for mature trees, natural areas and landscaping in conjunction with children s play facilities, taking into account: H33 Outlook and Privacy Residential schemes should provide the most attractive outlook possible for proposed and existing dwellings, with privacy for all habitable rooms without the need for obscured glazing. H34 Refuse Collection and Storage T31 Parking and Development T39 Development causing on-street Parking T50 - Car Parking for Housing Development T62 & 63 Design of Parking, Access and Service Areas PPG 3 Housing National Guidance Page 13 of 16

14 PPG1 - General Policies and Principles PPG 3 Housing 05 REASONED JUSTIFICATION As noted above this application has been received following the refusal of planning permission for a very similar development ( Ref: 27868/2) and subsequent dismissal of an appeal. The existing bungalow is proposed to be demolished. The net entire site area is approximately 1350 sqm approximately. The site adjoins the boundary of the Church Road Conservation Area. The proposal would therefore, come within the scope of the UDP policy H29 Density in Sensitive Areas. The adopted policy for garden and backland development (H27) and RUDP policy 5.5 are also relevant to this proposal. These two policies indicate that net density on the site should not increase 148 HRH on the site. Treating larger rooms (any room more than 20 sqm) capable of subdivision into smaller rooms, the proposal would create 22 habitable rooms on the site. The development would give a net density of 163 HRPH on the site. The proposed density would slightly exceed the UDP guidelines of 148 HRPH as noted in policies adopted H27 and H29 (RUDP policy 5.5). However, density is not the sole criteria to assess the proposal. Key considerations in this case are the relationship of the proposed development with the surroundings, impact on the Conservation Area, potential impact on the amenities of local residents living in the vicinity and provision of appropriate amenities, including provision of parking for the future occupiers of the site. Impact on the Conservation Area There is a gap of 3 to 6.5 metres between the west flank wall of the existing bungalow and the site boundary with the properties in Church Road, which are within the Conservation Area. The proposed blocks would be sited 1m from the conservation area boundary. The block at the front would be close to the boundary as compared to the existing bungalow. The proposed block at the rear would also be close to the boundary. The impact of the proposal needs to be assessed in view of relatively short depth of the rear gardens of the properties in Church Road. The block at the rear would be set-in at least 1m from the common boundary with properties in Greenford Avenue. As the properties in Greenford Avenue have deep gardens, it is considered that the proposal would have no material impact on the properties apart from overshadowing the bottom end of the gardens. The demolition of the bungalow and its replacement by two storey houses at the front would increase the gap between the flank wall and the eastern boundary and this may improve the existing situation marginally. Paragraphs 41 to 53 of the appeal decision deal with the possible impact of the proposal on character and appearance of the area including the Conservation Area. Whilst noting that the proposal would be close to the Conservation Area and many buildings are listed in the vicinity in Church Road, but none of these abuts the site. The inspector considered that openness of the site makes little contribution to the setting of the Conservation Area. Whilst the development can be seen from nearby dwellings in Church Road across the site, but these are not important views within the Conservation Area. He considered the site is not readily visible from public view and the proposal would have no material impact on the Conservation Area. (para 42 of the appeal decision) In the light of the appeal decision, it is considered that a refusal on this ground would not be sustainable. Impact on the Amenities of Neighbouring Occupiers Page 14 of 16

15 As noted above the proposed houses would be close to the site boundary with properties in Church Road. 05 The gap between the flank walls of the proposed blocks and the first floor rear windows to properties in Church Road would be 17 to 18 metres. No windows are proposed in the flank elevations. Paragraphs 16 to 28 of the appeal decision deal the potential effect on living conditions of neighbouring occupies. The inspector took account of potential physical impact of the proposed development, possible mutual over looking and overshadowing, siting of the access road / parking spaces / servicing and resultant noise and disturbance. In conclusion he did not consider the proposal would have a material effect on living conditions of any of the nearby occupiers. Impact on living conditions of future occupiers of the Development The development is expected to provide adequate amenity garden areas for the proposed development and the physical standards are laid out in UDP policy H 31 and Supplementary Guidance about Amenity Space. Normally each house up to 5 habitable rooms is expected to be provided an individual garden of 50 sqm and 75 sqm for a house having 6 habitable rooms. In this case each house would need to be provided with a minimum garden area of 75 sqm to accord with the UDP policies. Amenity space should be at an appropriate location and should be useable. Front gardens or gardens adjoining main roads are not considered appropriate or useable. Each of the proposed houses would have a garden area in excess of 75 sqm to accord with UDP policy H31 and Supplementary Guidance about Amenity Space. Two houses proposed at the rear would have garden areas significantly larger than the minimum standard. Previous appeal was dismissed primarily on this ground and the Inspector concluded in paragraph 28 of the decision letter that proposed houses would be potentially occupied by families with children and provision of inadequate amenity space would be harmful to the future occupiers of the development. The current proposal addresses this issue by providing adequate garden areas for the proposed houses. The inspector also considered the outlook from the rear bedrooms acceptable, which would be served by only velux windows. Access and Parking Paragraphs 29 to 40 of the appeal decision deal with highway safety and parking issues. Inspector considered the appeal proposal would have inadequate parking for the large family houses proposed and said that though the proposed access would have a limited width, given the low number of vehicular movements, it would be sufficient for shared pedestrian and vehicular access and servicing. The current proposal would overcome the inspector s concerns. Access has been improved with the provision of a separate footpath along one side of the access road. The applicant has stated they own the front boundary wall and there is a scope to provide visibility splays at the entrance. The applicant initially provided 8 parking spaces on the forecourts. The amended drawing shows 6 parking spaces. It is considered that provision of additional parking would attract and generate more traffic and therefore, in view of the Council and Government s objective of restraining car usage, provision of 6 car parking spaces are acceptable. Although there is a scope to provide safety margin along other side of the access road, no details are shown on the drawing. In view of this I am recommending specific condition to submit details of pedestrian visibility splays and pedestrian access to the houses. Page 15 of 16

16 The provision for bin stores within a collectable distance has also been made which is also acceptable. 05 Conclusion I am aware many local residents have expressed their concerns about the issues noted above. In determining the previous appeal the Inspector took account of residents concerns and this appeal decision is a material planning consideration in determining the current application proposal. Foot print, scale, bulk and siting of the proposed houses is almost identical with the appeal proposal. The material difference being the conservatories to the houses proposed along the street frontage have now been deleted and adequate garden areas, particularly for the houses at the front, have been provided for the houses. This proposal also addresses the parking / access and highway safety issues. For the reasons stated in the report the application is recommended for approval subject to safeguarding conditions. HUMAN RIGHTS 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 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. Page 16 of 16

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