Sentinel House. Full Planning Application Planning Statement. August 2014 Applicant: SJW Estates Ltd Prepared by: DP9 Ltd

Sentinel House Full Planning Application Planning Statement August 2014 Applicant: SJW Estates Ltd Prepared by: DP9 Ltd

CONTENTS 1. INTRODUCTION...3 2. SITE DESCRIPTION...5 3. THE PROPOSED DEVELOPMENT...7 4. CONSULTATION...11 5. PLANNING POLICY...14 6. PLANNING OBLIGATIONS AND COMMUNITY INFRASTRUCTURE LEVY...24 7. SCHEME BENEFITS & CONCLUSION...26

1. INTRODUCTION 1.1 This Planning Statement has been prepared by DP9 Ltd (hereafter referred to as DP9 ) on behalf of SJW Estates Ltd ( the Applicant ), in support of an application for planning permission for the redevelopment of Sentinel House, 193-197 Old Marylebone Road, referred to for the purposes of this report as the Additional Affordable Housing Site (the AAH Site ). 1.2 The description of development for the proposal (herein known as the Proposed Development) is as follows: Demolition of existing office building and construction of a 9 storey residential building comprising 41 residential units, landscaping along Old Marylebone Road and associated works. 1.3 The Proposed Development is linked to a separate planning application being submitted concurrently by St. John's Wood Square Ltd for the redevelopment of the Former St John s Wood Royal Horse Artillery Barracks. Sentinel House forms the additional off-site affordable housing provision in relation to the Barracks site (herein referred to as the Main Site ). 1.4 This Statement provides a general description and an evaluation of the Proposed Development against relevant national, strategic and local planning policy guidance. 1.5 This Statement should be read in conjunction with the following documents submitted as supporting material to the application: Document Title Prepared By Planning Application drawings Squire and Partners Design and Access Statement Squire and Partners Sustainability and Energy Statement Atelier Ten Construction Management Plan EC Harris Basement Impact Assessment Robert Bird Group Statement of Community Involvement Soundings Overview Affordable Housing Report (covering both Sentinel House and the St. John s Wood Square site) DS2 Affordable Housing Viability Report (submitted confidentially) DS2 3

(covering both Sentinel House and the St. John s Wood Square site) 1.6 The application for the Main Site is supported by a comprehensive Environmental Statement (ES). The Sentinel House planning application is known as the Additional Affordable Housing Site for the purposes of this ES and as such the following chapters/reports are relevant to the Sentinel House application: Document Title Prepared By Transport Statement (including outline Travel Plan) (ES Volume 4b Technical Appendices) WYG Noise Assessment (part of ES Volume 2) Environ Air Quality Assessment (Part of ES Volume 2) Environ Archaeology Report (part of ES Volume 2) Environ Arboricultural Report (part of ES Volume 4c Technical Appendices) Environ Daylight sunlight assessment (part of ES Volume 4c Technical Appendices) Environ 1.7 The remainder of this Planning Statement comprises the following sections: Section 2 Site Description; Section 3 The Proposed Development; Section 4 Consultation; Section 5 Planning Policy; Section 6 Planning Obligations; and Section 7 Scheme Benefits & Conclusions. 4

2. SITE DESCRIPTION The Site 2.1. Sentinel House, 193-197 Old Marylebone Road, is a seven storey (ground plus six storey) office building with single level basement, constructed in the 1990s. The building has a gross internal floor area of approximately 3,300m², however currently only two of the office floors are occupied. The office reception is located on the corner of Harcourt Street and Old Marylebone Road. 2.2. Sentinel House is adjoined by two residential buildings, Varsity Court and Charter Court to the east. The three buildings share a single basement, which is accessed via Varsity Court along Homer Street to the south-east. The two adjoining residential buildings and Sentinel House fall under the freehold ownership of the Applicant, however this planning application relates only to Sentinel House. 2.3. As shown on the Site Location Plan, the Site area is approximately 0.07 hectares (ha). Surrounding Area 2.4. The AAH Site falls just outside the Portman Estate Conservation Area and is in the vicinity of a Grade II listed terrace on Harcourt Street. 2.5. The area is characterised by many varieties of brick buildings from the 18th and 19th Century. The primary surrounding land use is residential located to the east, south and west of the Site. To the north, due to proximity to Marylebone Road, office typologies become more prevalent and the scale of buildings increase. Accessibility 2.6. The AAH Site benefits from excellent public transport accessibility and consequently has a Public Transport Accessibility Level (PTAL) score of 6b, which is categorised as Excellent. 2.7. The AAH Site is situated in close proximity to Edgware Road Underground Station. The station is in Zone 1 of the London Underground Network and served by the Circle, District and Hammersmith and City lines which provide frequent services. London Marylebone Station is located approximately 500m north east of the Site, providing mainline rail services to the Midlands. In addition to the above, the Site is extremely well served by a number of high frequency bus routes, including routes 6, 23, 27 and 36 which operate 24 hours a day. 2.8. With regard to road accessibility, the AAH Site is accessible to a comprehensive highway network comprising the A40 Westway, A501 Marylebone Road and A5 Edgware Road. The A40 Westway provides a 5

connection from Paddington to North Kensington, whilst the A5 Edgware road links Marble Arch to Edgware. The Site falls within the designated London Congestion Charging Zone, although Old Marylebone Road, along the western boundary of the Site falls outside of the Zone. Planning History 2.9. Planning permission (ref: 88/06634/FULL) for the redevelopment of 193-197 Old Marylebone Road and the erection of a seven storey building to provide office space and 28 flats with basement car parking was granted in May 1989. Elevational alterations were approved during construction (ref: 90/05344/FULL) in November 1990. This development included land outside the current AAH Site, and was a mixed use development arranged in a ushape with three street frontages. Sentinel House was the commercial section of the development, with two wings known as Charter Court and Varsity Court the residential elements of the scheme. 2.10. A Certificate of Lawful Use (ref: 07/09566/CLEUD) was issued in December 2007 to confirm that the lawful use of the sixth floor was for Class B1 office use. 2.11. Since the completion of Sentinel House, there have also been a number of minor applications for the Site, such as applications relating to signage, tree pruning and changes to plant. 6

3. THE PROPOSED DEVELOPMENT 3.1. The description of development is as follows (the Proposed Development ): Demolition of existing office building and construction of 9 storey residential building comprising 41 residential units, landscaping along Old Marylebone Road and associated works. 3.2. A full description of the Proposed Development is provided in the accompanying Design and Access Statement prepared by Squire and Partners. A summary of the Proposed Development is provided below. Design 3.3. The Proposed Development will comprise eight storeys plus ground, with a single level basement. The two main pedestrian entrances to the AAH Site will be at ground level accessed from Old Marylebone Road. Private amenity spaces will be provided in the form of balconies and a private terrace at roof level. 3.4. Although an increase in the number of storeys is proposed, residential floor heights are lower than that of offices and, as such, the building s height matches that of the existing building. The uppermost level is set back on all sides, which takes into account the reduced massing of the pitched roof of the existing building. 3.5. The building line will be increased by approximately 2m, bringing the building in line with the existing office building adjacent to the Site. The pavement remains the same width along the front of the building. The extended footprint allows for recessed balconies to the units and matches the building on Old Marylebone Road. Affordable Housing 3.6. The Proposed Development will deliver 41 housing units in the form of apartments. All apartments are designed to meet the London Housing Design Guide standards and Lifetime Homes, with 10% (four) wheelchair accessible units. All units will be designed and built to achieve Code for Sustainable Homes (CSH) Level 4. 3.7. It is proposed that all of the 41 residential units will be affordable rental housing units. 7

3.8. The unit mix for Sentinel House has been developed in consultation with WCC, and is set out below: Bedrooms Number Mix 1 Bed (2 person) 9 22% 2 Bed (3 person) 4 10% Wheelchair Accessible 2 Bed (4 person) 15 36% 3 Bed (5 person) 7 17% 3 Bed (6 person) 6 15% Total 41 3.9. As previously described, the Proposed Development represents additional offsite affordable housing provision in support of the proposed development at the Former St John s Wood Royal Horse Artillery Barracks. As such, the 41 proposed units complement the delivery of 59 intermediate units on the Barracks site, therefore providing 100 units in total. For reference, the proposed mix of these units is as follows: Bedrooms Number Mix 1 bed (1 person) 20 34% 1 bed (2 person) 23 39% 2 Bed (3 person) 14 24% 2 bed (4 person) 2 3% Total 59 Landscaping & Public Realm 3.10. There is an existing large London Plane tree at the front of the AAH Site, which rises 22m and would otherwise impact on daylight/sunlight and views up to 5th floor of the Proposed Development. As detailed in the accompanying Arboricultural Assessment (contained within Volume 4C of the ES), this tree is significantly unbalanced and unable to grow to a natural form due to previous pollarding. 3.11. It is proposed that this tree is therefore removed and replaced by the planting of three new trees, of more appropriate size and of a similar form and size to existing adjacent trees on Old Marylebone Road. Additionally, the landscaping on the Old Marylebone Road frontage will be extended and improved to create a more attractive view along the street and provide valuable defensible space to the lower residential units. 3.12. The constrained nature of the AAH Site restricts the level of playspace that can viably be accommodated on the Site. As set out in the accompanying draft Heads of Terms for the S106 Agreement, the Applicant has considered options for external hard landscaped playspace to be introduced on the 8th floor level. As set out in the accompanying Design & Access Statement, an area of playspace of approximately 50 m² offering the potential for children to experience climbing, balancing and sliding in a safe environment, has been 8

provided. Furthermore, each apartment has its own private amenity area with larger terraces provided at the rooftop apartments. 3.13. In addition to the above, it should be noted that the AAH Site is very well located with regard to existing play and open space in the area. This includes the significant amenity spaces at Regent s Park and Hyde Park. Car & Cycle Parking 3.14. Volume 4b of the Environmental Statement comprises the Transport Statement for the AAH Site and explains fully the parking and servicing strategy. 3.15. As previously stated, Sentinel House adjoins two residential buildings to the east. Charter Court fronts Harcourt Street and Varsity Court fronts Homer Street, with a shared undercroft basement providing parking for all three buildings, which is accessed by a ramp from Homer Street. 3.16. The existing residential units at Charter Court and Varsity Court are subject to an existing planning condition, which requires one parking space per unit to be permanently provided; these will be retained and will be unaffected by the Proposed Development. 3.17. It is proposed to extend the existing building footprint by extending the building line out towards Old Marylebone Road. The basement will also be extended and reconfigured to maximise the number of parking spaces that can be provided. This includes incorporating the part of the existing basement of Sentinel House currently occupied and used as office space, into the car park layout. 3.18. The proposed layout shows that one space per unit can be retained for the 26 units in Charter Court and Varsity Court and an additional 12 spaces (4 of which will be Blue Badge /wheelchair accessible parking spaces) can be created for use by the new residential development in Sentinel House. This equates to an overall parking provision of 0.56 spaces per unit across the wider site and shared basement and 0.3 spaces per unit when considering Sentinel House in isolation. 3.19. Communal cycle storage will be situated within the car park for the affordable units, with a total of 70 cycle places provided on the ground level and 3 in the basement. 3.20. Additionally, the Applicant is prepared to consider free car club membership for all residents of the Proposed Development for an agreed period of time. This will enable occasional car users to have access to a car without needing to own one and increase parking demand. Access & Servicing 3.21. Vehicular access via the existing ramp to the shared undercroft basement will be retained and will remain located off Homer Street. Pedestrian access into the new building will be relocated from the corner of Old Marylebone Road 9

and Harcourt Street, to the front side of the building, off Old Marylebone Road. Two main entrances will be located at ground level, set back behind a landscaped buffer zone which runs between the façade and the public right of way along Old Marylebone Road. 3.22. Servicing will continue as existing. It is proposed that on-street waiting and loading restrictions will allow for a service vehicle to park along Harcourt Street. 3.23. Refuse collection will occur from two dedicated refuse stores located at ground level on the north and south elevations (Harcourt Street and Homer Street). These will be secured by access codes / keys, which will be provided to the WCC s staff responsible for waste collection in order to access the refuse store and collect the waste. This prevents waste being placed on the public highway and causing obstruction. Construction Management 3.24. The Applicant is committed to ensuring that disturbance to neighbouring residents during the demolition and construction phases of the Proposed Development is kept to a minimum. The application is accompanied by a Construction Management Plan, prepared by EC Harris which outlines in detail the proposed strategy for managing construction activity. This includes: The appointment of a Community Liaison Officer to communicate information on the upcoming works to local residents directly; Construction taking place within Council approved working hours, with no noisy works to take place until 9.30am, and no working on Sundays/Public Holidays; Utilising off-site manufacturing and prefabrication to minimise wet trades ; and Contractors will be required to comply with the Considerate Constructors Scheme as well as WCC s Code of Construction Practice. 10

4. CONSULTATION Context 4.1 As set out previously, the Proposed Development forms additional off-site affordable housing connected to the redevelopment of the Former St John s Wood Royal Horse Artillery Barracks (the Main Site ), circa 1.1km north of Sentinel House. 4.2 The Main Site in St. John s Wood benefits from an extant planning permission granted in May 2011. The Planning Permission (08/10114/FULL) has granted consent for the provision of 133 residential units, of which 59 units were to be affordable housing units. 4.3 St. John s Wood Square Ltd acquired the Main Site in April 2012. Following a review of the above Consented Scheme, it was decided that a revised scheme for the Main Site would be progressed, reflecting the Applicant s vision for a family orientated environment that enhances the unique characteristics of the locality. Site Search 4.4 The Applicant has engaged in detailed pre-application discussions with WCC in connection with the delivery of affordable housing. In discussions with WCC concerning the provision of off-site affordable housing, a number of potential sites have been considered. The starting point for the search has been the provision of affordable housing within the vicinity of the Main Site, in the St John s Wood area. In addition, certain parts of the borough were excluded from the search for a site due to the existing over-concentrations of social housing within them. The discussions with WCC did focus on a site within St John s Wood. However, this site was not able to be secured by the Applicant, and alternative sites were considered in discussion with WCC. Those discussions led to the currently proposed AAH Site which has been accepted by WCC as being capable of providing off-site affordable housing in connection with the Main Site. 4.5 The Applicant has undertaken significant consultation in respective of the affordable housing proposed for the AAH Site. This consultation includes several meetings with WCC s Housing team as well as meetings with the following Registered Providers (RPs), all of whom are active within the Borough: Genesis Housing; Network Housing; Notting Hill; Octavia Housing; and 11

Peabody 4.6 These discussions considered the design, tenure, mix and affordability of the affordable housing proposed on the AAH Site. The main conclusions drawn were as follows; The location of the AAH Site is deemed very accessible with excellent access to transport and amenities; The proposed affordable housing is well designed and considered; The two cores proposed allow for better management of the block; and The mix of units proposed finds a suitable balance between meeting WCC s housing need and best management practise in relation to the proportion of family homes. Community and Stakeholder Engagement 4.7 An extensive programme of consultation has been carried out as part of the design evolution of the Proposed Development and the Design and Access Statement details how it has evolved as a response. 4.8 Consultation has been undertaken with: WCC, including Planning and Design Officers and meetings with local Ward Councillors; Greater London Authority; Transport for London; Marylebone Association; Secured by Design Officer; and Residents and other Local Groups. 4.9 Three pre-application meetings with WCC were held over the period of a year. These have led to significant revisions, particularly in terms of massing for the building and the unit mix. The main concerns of Councillors and Officers during the negotiations were: The projecting balconies were considered a contentious addition to the street scene; Extensive glazing was considered inappropriate due to overheating and ventilation; and The top storey would be considered too prominent and bulky if not set back. 12

4.10 In addition to the above pre-application discussions, the proposals have also been subject to community engagement, with a public exhibition being held at Sentinel House between 11 and 14 June 2014, and a follow-up public exhibition held on 16 and 19 July 2014. A separate meeting was also held with C&V Management Ltd who represent the owners and residents of the adjacent Charter & Varsity Courts. A more detailed explanation of the consultation approach is provided in the Statement of Community Involvement. 4.11 The main concerns raised can be summarised as follows: Concerns regarding construction impact, dust and noise; Impact on car parking arrangement with increased usage within the same entrance; and The lack of private rented units within the Proposed Development. 4.12 The comments received have helped the Proposed Development to evolve into that which is now submitted. The design responses to the pre-application feedback are discussed in more detail in the accompanying Design & Access Statement, whilst the Construction Management Plan outlines the key measures that will be employed to ensure that construction disturbance is kept to a minimum. 13

5. PLANNING POLICY 5.1. This section provides an evaluation of the Proposed Development against planning policy relevant to the AAH Site. The planning policy context comprises three levels of adopted and emerging policy national, regional and local. Within each level there is both planning policy and guidance which combine to provide the framework for the consideration of the Proposed Development. The key planning policy documents taken into account at this stage and referred to in this Planning Statement include those listed below. 5.2. Specialist guidance has also been taken into account in assessing the impacts of the Proposed Development through supporting documents. National Planning Policy 5.3. National planning policy is set out in the form of the National Planning Policy Framework (NPPF) which was adopted on 27 March 2012. The NPPF establishes overarching principles of the planning system, including the requirement of the system to drive and support development and supports approving development proposals that accord with the development plan without delay. There is also a presumption in favour of sustainable development [which] should be seen as a golden thread running through both plan-making and decision-taking. 5.4. The Proposed Development will use previously developed land within an area of excellent public transport accessibility. The design has been informed by the principles of sustainability and is therefore compliant with the underlying principles of the NPPF. The Development Plan 5.5. The relevant statutory development plans for the AAH Site comprises the: London Plan (2011), incorporating Revised Early Minor Alterations to the London Plan (2013) - This is the overall strategic plan for London, setting out a fully integrated economic, environmental, transport and social framework for the development of the capital to 2031. In 2013, the Mayor adopted the Revised Early Minor Alterations to the London Plan, which sought to ensure consistency between the London Plan and the NPPF. Draft Further Alterations to the London Plan, to address key housing and employment issues emerging from the latest census data are currently being progressed. An Examination in Public regarding the alterations is due to commence on 1 September 2014. WCC Adopted Westminster City Plan (2013) This document sets out the vision for the City of Westminster up to and beyond 2026 and includes the strategic policies for the borough. Further revisions to include detailed City Management Policies are proposed. As these are yet to be subject to Regulation 19 consultation, submission or examination, WCC do not 14

consider that these policies are advanced enough to be used for determining planning applications. WCC Replacement Unitary Development Plan saved policies (UDP) (2007) Parts of the UDP were saved by the Secretary of State in January 2010 and remain in force until the adoption of replacement City Management Policies. 5.6. The Mayor has also published Supplementary Planning Guidance (SPG) documents which expand upon policy within the London Plan and are material considerations. In addition, there is a range of local planning guidance that would be used alongside the aforementioned documents to help determine the Application. These include Westminster Supplementary Planning Guidance documents such as the City of Westminster Inclusive Design and Access (2007) and WCC Air Quality Strategy and Action Plan (2001). Relevant guidance documents have been referred to in this Section of the Statement and in the relevant supporting documents which accompany the application. Assessment of Conformity with Planning Policy 5.7. The following sections below assess the conformity of the Proposed Development against relevant National and Development Plan policies. For ease of reference, these policies have been grouped by topic. More detailed reviews of planning policies can be found in the relevant Environmental Statement chapters and supporting documents that accompany the application. Land Use 5.8. The NPPF is underpinned by 12 core principles as outlined in paragraph 17 of that document. These include encouraging the effective use of land by reusing land that has been previously developed (provided it is not of high environmental value). 5.9. Chapter 6 of the NPPF concerns delivering a wide choice of high quality homes, with paragraph 39 stating that housing applications should be considered in the context of the presumption in favour of sustainable development. 5.10. The London Plan requires London Boroughs to achieve and exceed minimum average annual housing targets. Proposals should also seek to optimise housing potential, in line with Policy 3.4 and ensure that new housing is designed to be of the highest quality internally, externally and in relation to their context and to the wider environment, in line with Policy 3.5. 5.11. The London Plan requires Boroughs to seek affordable housing from suitable development proposals, as dictated by Policies 3.11 and 3.13. Proposals are generally considered suitable when they have the capacity to provide for 10 or more homes. The amount of affordable housing sought, according to Policy 3.12, should be the maximum reasonable amount taking into consideration, amongst other requirements, the need to encourage rather than restrain residential development and the specific circumstances of individual sites. 15

Negotiations on sites should take account of their individual circumstances including development viability. 5.12. The Westminster City Plan, at Policy S14 notes that residential use is the priority use across the Borough unless specified otherwise. Proposals should also seek to meet housing need, in accordance with Policy S15 and provide an appropriate mix of units. 5.13. The City Plan states that an additional 5,600 social rented homes would be required annually to meet demand. There is typically a waiting list of about 5,500 households in priority need for social housing, and a further 20,000 households who do not qualify for social housing and cannot afford market housing. 5.14. Policy S16 of the City Plan states that off site affordable housing will be acceptable where the affordable housing provision is greater and of higher quality than would be possible on- or off site, in the vicinity, and where it would not add to an existing localised concentration of social housing. 5.15. This approach is in line with the main objectives of Saved UDP Policy H4, although it should be noted that the Council has prepared a specific document on how to apply affordable housing policy in the period between the adoption of the Core Strategy and the adoption of the City Management Plan. This document reiterates the hierarchical policy approach to on-site provision, off site provision and via a commuted sum. 5.16. The redevelopment of Sentinel House for affordable residential housing conforms with Policy S14 of the City Plan which identifies residential use as the priority use within the City of Westminster. There is no local planning policy protection for the existing office floorspace, which as previously mentioned, suffers from a high vacancy rate. 5.17. It is proposed that the entirety of the Proposed Development is to be for affordable rent housing units. Each unit complies with or exceeds the relevant housing design policies. 5.18. The accompanying Overview Affordable Housing Statement produced by DS2 provides full details of the affordable housing offer. An Affordable Housing Viability Report, which is submitted confidentially for assessment by WCC also accompanies the application. When combined with the Main Site, the Proposed Development will deliver 100 affordable housing units, of which 41 will be Affordable Rent at Sentinel House and 59 Intermediate units at the Main Site. This represents a 70% increase on the number of affordable housing units proposed through the Consented Scheme and an increase in the number of social/affordable rented units. 5.19. The Viability Assessment has demonstrated that the current affordable housing offer of 100 affordable housing units is the maximum reasonable amount of affordable housing that the Proposed Development at the Main Site and AAH Site can provide. 16

5.20. Overall, in the context of the analysis provided above, the mix and type of land uses proposed are considered to be acceptable. Design 5.21. The NPPF considers that good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. 5.22. It goes on to say that it is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes. 5.23. The NPPF further states that in determining applications, great weight should be given to outstanding or innovative designs which help raise the standard of design more generally in the area. 5.24. The London Plan requires all large scale proposals to be of the highest quality design especially in terms of impact on views, the wider and local townscape context and local environmental impact. The achievement of high quality urban design is also highlighted as a key factor in achieving a more attractive and green city. 5.25. The London Plan requires all proposals to be of the highest quality design especially in terms of any impact on views, the wider and local townscape context and local environmental impact. The achievement of high quality urban design is also highlighted as a key factor in achieving a more attractive and green city. 5.26. Policy 7.6 sets out design principles, which include maximising the potential of sites, promoting high quality inclusive design and enhancement of the public realm. Proposals should also achieve an inclusive environment (Policy 7.2), design out crime (Policy 7.3) and have regard to local character (Policy 7.4). 5.27. The Council, within the City Plan Policy S28, requires the design of proposals to incorporate exemplary standards of sustainable and inclusive urban design and architecture. The Saved Policies of the UDP also champion the highest standards of design. 5.28. The existing building is of little architectural merit and it is not considered that its demolition would have a detrimental impact on the character of the area or the streetscape. The evolution of the Proposed Development with regard to the local character is detailed in the accompanying Design & Access Statement. The result is a development of the highest quality architectural quality which conforms to all relevant design criteria and policy. 17

Transport, Servicing & Refuse 5.29. Paragraph 34 of the NPPF states that Plans and decisions should ensure developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. 5.30. Paragraph 32 requires developments that generate significant amounts of movement to be supported by a Transport Statement or Transport Assessment, and states that plans and decisions should take account of whether: the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure; safe and suitable access to the site can be achieved for all people; and improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. 5.31. Policy 6.3 of the London Plan states that development proposals should ensure that impacts on transport capacity and the transport network, at both a corridor and local level, are fully assessed. Development should not adversely affect safety on the transport network. 5.32. The relevant Development Plan policies relating to transport, refuse and servicing are provided in full within Volume 4B of the Environmental Statement, which should be referred to for further information and read in conjunction with the following evaluation. 5.33. This assessment concludes that the Proposed Development will result in no material impact on the operation of the surrounding highway network and will result in a negligible impact on the surrounding public transport network. 5.34. Sentinel House adjoins two existing residential buildings; Charter Court fronts Harcourt Street and Varsity Court fronts Homer Street. A shared undercroft basement provides parking for all three buildings, accessed by a ramp from Homer Street. 5.35. The WCC UDP states that a maximum of 1 space per residential unit may be provided for 1 and 2 bedroom units, and a maximum of 1.5 spaces per residential unit may be provided for units with 3 or more bedrooms. However, the London Plan has supported parking maximums with a presumption for approval where lower than maximum parking provision has been applied for. As the AAH Site is located within an area with a high PTAL rating, the London Plan policies suggest such residential development should aim for significantly less than 1 space per unit. 18

5.36. The Proposed Development shows that one space per unit could be retained for the 26 residential units at Charter Court and Varsity Court and an additional 12 spaces (of which 4 will be Blue Badge/wheelchair accessible spaces) can be created for use by the new residential development at Sentinel House. This equates to an overall parking provision of 0.56 spaces per unit across the wider site and shared basement and approximately 0.30 spaces per unit when considering Sentinel House in isolation, which is in accordance with WCC maximum car parking standards. 5.37. Furthermore, 20% of the new parking spaces to be associated with Sentinel House will provide active electric vehicle charging points (EVCPs) and a further 20% will provide passive EVCPs, to accommodate potential future demand; this is also policy compliant. Cycle parking will be provided in two secure parking/storage facilities on-site, offering up to 73 cycle spaces which exceeds the minimum standards. 5.38. The Proposed Development is therefore considered to be acceptable in transport terms. Energy & Sustainability 5.39. The relevant national, regional and local planning policies relating to sustainability and energy are assessed in full within the supporting Sustainability and Energy Statement (produced by Atelier Ten), which should be referred to for further information. However, we provide a summary of the key policies and evaluation of the Proposed Development against these below. 5.40. The NPPF notes that planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. As such it includes a number of sustainability related objectives, most notably the presumption in favour of sustainable development, and the effective use of land by reusing land that has been previously developed. 5.41. The London Plan at Policy 5.2 advises that development proposals should make the fullest contribution to minimising carbon dioxide emissions in accordance with the following energy hierarchy: Be lean: use less energy; Be clean: supply energy efficiently; and Be green: use renewable energy. 5.42. The Policy requires all new residential buildings to achieve a 25% improvement on 2010 Part L of the Building regulations by 2010, 40% improvement by 2013, and be carbon zero by 2016. 19

5.43. Policy 5.7 states that within the framework of the energy hierarchy, major development proposals should provide a reduction in expected carbon dioxide emissions through the use of on-site renewable energy generation, where feasible. 5.44. Policy CS40 of the Westminster City Plan concerns renewable energy and requires all major developments to maximise on-site renewable energy generation to achieve at least 20% reduction of CO2 emissions and, where feasible, towards zero carbon emissions, except where WCC considers that it is not appropriate or practicable due to the local historic environment, air quality and/or site constraints. 5.45. The accompanying Sustainability and Energy Statement provides full details of the sustainable credentials of the Proposed Development in accordance with policy requirements. 5.46. These supporting documents outline the following key credentials in relation to sustainability and energy. By way of summary however key compliant sustainability measures include: The AAH Site benefits from excellent public transport links, which is considered to accord with the presumption of sustainable development contained in the NPPF; The Proposed Development can achieve an estimated 20% carbon dioxide emission reduction of the whole development (excluding unregulated loads); Provision of roof mounted PV panels; The residential units will achieve Code for Sustainable Homes (CfSH) Level 4. A CfSH pre-assessment is contained within the Appendices of the supporting Sustainability and Energy Strategy to demonstrate that this target can be met; A Construction Management Plan will be implemented during construction to control potential environmental impacts and contractors will be required to sign up to the Considerate Constructors Scheme; and A total of 73 cycle parking spaces will be provided to encourage the use of cycling as a sustainable transport measure. Additionally, 20% of new parking spaces for Sentinel House will provide active electric vehicle charging points (EVCPs) and a further 20% will provide passive EVCPs, to accommodate potential future demand. 5.47. Due to the measures outlined above, the scheme is considered to addresses the sustainability requirements set out in the national, regional and local policies. 20

Daylight, Sunlight and Overshadowing 5.48. National guidelines for daylight and sunlight are contained with the BRE publication Site Layout Planning for Daylight and Sunlight A Guide to Good Practice (2011). 5.49. London Plan Policy 7.6 states that buildings and structures should not cause unacceptable harm to the amenity of surrounding land and buildings, particularly residential buildings, in relation to privacy, overshadowing, wind and microclimate. 5.50. Saved UDP Policy ENV13 part D notes that the Council will ensure that both new and replacement accommodation, particularly residential, receives adequate daylight and sunlight. In addition, it specifies at part E that WCC will normally resist proposals which result in a material loss of daylight/sunlight, particularly to existing dwellings. 5.51. With regards to overlooking, the same Saved Policy at part F requires proposed development to take into consideration enclosure and overlooking and not increase the sense of either being increased. 5.52. The design of the Proposed Development has been informed with full consideration of potential issues regarding daylight, sunlight and overlooking, as set out in the accompanying Environmental Statement technical appendices. The Proposed Development would replicate the existing development in terms of scale and massing and therefore none of the surrounding properties experience alterations in light beyond the BRE recommended Guidelines. In light of this and given the urban setting, the Proposed Development is considered to be acceptable in terms of daylight, sunlight and overlooking. Noise, Vibration & Air Quality 5.53. In relation to noise, the NPPF states that planning policies and decisions should aim to: avoid noise giving rise to significant adverse impacts on health and quality of life as a result of new development; and mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions. 5.54. London Plan Policy 7.15 states that development proposals should seek to reduce noise by minimising the existing and potential adverse impacts of noise on, from, within or in the vicinity of proposals. 5.55. Westminster Saved Policies ENV6 and ENV7 seek to ensure that development proposals do not have an adverse impact on the noise environment, including any noise generated from plant, machinery and internal activity. 21

5.56. WCC is designated as an Air Quality Management Area due to existing high levels of pollutants. Policy ENV5 of the UDP states that WCC will encourage new development that does not lead to an increase in local air pollution. 5.57. A full evaluation of the Proposed Development is provided within the supporting Environmental Statement. This demonstrates that the use of appropriate mitigation measures, to be set out within the Construction Environmental Management Plans (CEMP) and Construction Method Statements to be agreed with WCC, will mitigate noise and vibration and air quality impacts on sensitive receptors that could arise during construction. 5.58. In the context of the above, the Proposed Development is therefore considered to be acceptable in terms of noise, vibration and air quality. Ecology, Aboriculture and Biodiversity 5.59. The NPPF notes that the planning system should contribute to and enhance the natural and local environment. This should be achieved by (amongst other actions) recognising the wider benefits of ecosystem services and minimising impacts on biodiversity and providing net gains in biodiversity where possible. 5.60. The NPPF also stipulates that LPAs, when determining planning applications, should seek to conserve and enhance biodiversity, and encourage the incorporation of biodiversity in and around developments. Planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, unless the need for, and benefits of, the development in that location clearly outweigh the loss. 5.61. Policy 7.19 of the London Plan concerns biodiversity and sets out the Mayor s policy in relation to biodiversity and access to nature. 5.62. Policy 5.3 concerns Sustainable Design and Construction and advocates that the highest standards of sustainable design and construction should be achieved in London to improve the environmental performance of new developments and to adapt to the effects of climate change over their lifetime. Policy 5.10 promotes urban greening, such as new planting in the public realm, including tree planting, green roofs and walls and soft landscaping. 5.63. Policy CS37 of the City Plan states that biodiversity and green infrastructure will be protected and enhanced throughout the City of Westminster and opportunities to extend and create new wildlife habitat as part of development will be maximised. 5.64. Volume 4C of the ES includes an Extended Phase I Habitat Survey and an Arboricultural Assessment of the Proposed Development. 5.65. The Proposed Development will require the removal of the London Plane tree and existing scrub. The Ecology Report confirms that habitats present within the AAH Site are common and widespread, and that landscape planting would compensate for any habitat loss in the long term. As detailed in the Arboricultural Report, the tree is a regrown pollard which due to its naturally 22

spread crown form and close proximity to Sentinel House, has become significantly unbalanced. It is proposed that the loss of the existing tree will be mitigated with the planting of three new semi-mature Gingko trees and the relandscaping of the frontage. This will maintain tree cover and enhance the character and appearance of the local area in this regard. 5.66. In the context of the above, the Proposed Development is therefore considered to be acceptable in terms of ecology and biodiversity. Archaeology 5.67. Paragraph 128 of the NPPF outlines that Local Planning Authorities should require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation, where a site on which development is proposed includes or has the potential to include heritage assets with archaeological interest. 5.68. London Plan Policy 7.8 requires development proposals to make provision for the protection of archaeological resources. 5.69. The UDP notes, as supporting paragraph 10.155, that WCC will implement Saved Policy DES 11 under relevant legislation and statutory guidance and by means of legal agreements and planning conditions. 5.70. The AAH Site lies within the Paddington and Lillestone Villages Area of Special Archaeological Priority. A Historic Environment Assessment of the Proposed Development is provided within the supporting Environmental Statement Technical Appendices. 5.71. This concludes that in light of the low potential of the AAH Site to contain significant archaeological remains, along with the relatively small area of proposed impact, further investigation is not considered necessary to determine an application for planning consent. It is proposed that an archaeological watching brief be carried out during preliminary ground preparation and subsequent new foundation construction, which would ensure that any previously unrecorded archaeological assets, if present, were not removed without record. 5.72. Any archaeological work would be undertaken in accordance with an approved Written Scheme of Investigation (WSI) and could be carried out under the terms of a standard archaeological planning condition set out under the granting of planning permission. 5.73. In the context of the above, the Proposed Development is therefore considered to be acceptable in terms of archaeology. 23

6. PLANNING OBLIGATIONS AND COMMUNITY INFRASTRUCTURE LEVY 6.1. Section 106 of the Town and Country Planning Act 1990 allows the entering into of an obligation, by agreement or otherwise, between the local planning authority and any person interested in the land for the purposes of: restricting the development or use of the land in any specified way; requiring specified operations or activities to be carried out in, on, under or over the land; requiring the land to be used in any specified way; or requiring a sum or sums to be paid to the authority (or, in a case where section 2E applies, to the Greater London Authority) on a specified date or dates or periodically. 6.2. Regulation 122 of the Community Infrastructure Levy Regulations (2010) states that planning obligations may only constitute a reason for granting planning permission for the development if the obligation is: necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development. 6.3. The NPPF states that sustainable development must be deliverable. It states at paragraph 173 that: To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable. 6.4. Paragraph 203 of the NPPF states that: Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. 6.5. Paragraph 204 reinforces the requirement that planning obligations meet the tests set out at regulation 122 of the CIL Regulations. 24

The Development Plan 6.6. The setting of a London-wide Community Infrastructure Levy ( CIL ) was a power given to the Mayor under the Planning Act 2008 designed to raise money for the infrastructure needed to develop an area. The Mayor formally adopted the CIL charging schedule on 1 April 2012. 6.7. For development schemes in the City of Westminster, the Mayoral CIL is levied at 50 per m² of uplift from existing to consented floorspace in lawful use. The money raised will go towards London's share of the Crossrail funding package agreed with the Government. 6.8. At the local level, Policy S32 of the City Plan requires planning obligations to mitigate the directly related impacts of development; ensure the development complies with policy requirements within the Development Plan; and, if appropriate, seek contributions for supporting infrastructure. 6.9. WCC has also adopted a Supplementary Planning Guidance (SPG) document on planning obligations (January 2008). This seeks to secure obligations towards a whole range of items, depending on the type and size of development proposed. Planning Obligations for the Development 6.10. Draft Heads of Terms for a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 are provided in the bullet points below. These provide a package of planning obligations designed to mitigate the impact of the Proposed Development, based on the key Policy requirements in relation to planning obligations, as detailed in the previous paragraphs. 6.11. Proposed obligations can be summarised as follows: Transfer of Sentinel House to a Registered Provider; Provision of a Residents Car Parking Scheme (12 spaces) and payment of costs of a standard car club membership for one occupier of each affordable unit; Compliance with the Code of Construction Practice, the requirements of which shall commence on demolition of the existing buildings; Environmental Inspectorate Contribution; and Landscaping and public realm improvements along Old Marylebone Road, including the replacement of the existing tree with three new specimens. 6.12. The Draft Heads of Terms are provided without prejudice. 25