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(Larkhall Ward) (12/03759/VOC) PDF 448 KB - Lambeth Council

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LAMBETH PLANNING<br />

APPLICATIONS COMMITTEE<br />

Case Number:<br />

<strong>12</strong>/<strong>03759</strong>/<strong>VOC</strong><br />

Application Address<br />

15 Stockwell Green, SW9 9JF


Site address<br />

<strong>Ward</strong><br />

Proposal<br />

15 Stockwell Green, London SW9 9JF<br />

<strong>Larkhall</strong><br />

Variation of condition 3 (details of window and door<br />

reveals) of planning permission ref: 11/02200/FUL<br />

(Demolition of the existing building. Redevelopment of site<br />

to provide a mix use development involving employment<br />

office space (Use Class B1), 328 bedrooms for student<br />

accommodation (Sui Generis) and 38 self-contained<br />

residential flats (Use Class C3). Erection of two buildings<br />

on the site, consisting of one 6-storey building plus part<br />

basement (residential flats) and one part 8, part 7, part 5-<br />

storey building plus basement (student accommodation and<br />

employment office space), together with a lift overrun.<br />

Provision of refuse, recycling and cycle storage facilities<br />

along with landscaping of the existing site and associated<br />

private amenity space for the residential units) granted on:<br />

07.10.2011.<br />

Original wording of condition 3:<br />

Prior to commencement of development, detailed drawings,<br />

samples, and a schedule of materials, shall be submitted to<br />

and approved in writing by the Local Planning Authority (for<br />

determination by the Planning Applications Committee) and<br />

this condition shall apply notwithstanding any indications as<br />

to these matters which have been given on the approved<br />

plans and in the application. The development shall<br />

thereafter be carried out solely in accordance with the<br />

details approved in writing unless otherwise agreed in<br />

writing with local planning authority. The following details<br />

will be required.<br />

1. Details of all window and door reveals on the<br />

external faces of the development that shall be set<br />

within 115mm minimum reveals from the face of the<br />

building. (Scale 1:5)<br />

2. Door entrance details;<br />

3. Sample and schedule of materials including brick<br />

sample panel<br />

4. Details of roof materials;<br />

5. Details of vents, extracts and pipes;<br />

6. Details of all balconies and walkways indicating<br />

materials, profiles and elevational appearance<br />

(Scale 1:20);<br />

7. Details of balustrades of all roof terraces (Scale<br />

1:20)<br />

8. Details of wall panels;<br />

Reason: To protect the character and appearance of the


adjoining Stockwell Green Conservation Area along with<br />

the surrounding buildings in accordance with saved policies<br />

33, 38 and 47 of the Unitary Development Plan (2007) and<br />

Core Strategy Policy S9 (2011).<br />

Proposed wording of condition 3:<br />

Prior to commencement of development, detailed drawings,<br />

samples, and a schedule of materials, shall be submitted to<br />

and approved in writing by the Local Planning Authority (for<br />

determination by the Planning Applications Committee) and<br />

this condition shall apply notwithstanding any indications as<br />

to these matters which have been given on the approved<br />

plans and in the application. The development shall<br />

thereafter be carried out solely in accordance with the<br />

details approved in writing unless otherwise agreed in<br />

writing with local planning authority. The following details<br />

will be required.<br />

1. Details of all window and door reveals on the<br />

external faces of the residential (self-contained flats)<br />

element of the development that shall be set within<br />

65mm minimum reveals from the face of the<br />

building. (Scale 1:5)<br />

2. Details of all window and door reveals on the<br />

external faces of the student accommodation<br />

element of the development that shall be set within<br />

115mm minimum reveals from the face of the<br />

building. (Scale 1:5)<br />

3. Door entrance details;<br />

4. Sample and schedule of materials including brick<br />

sample panel<br />

5. Details of roof materials;<br />

6. Details of vents, extracts and pipes;<br />

7. Details of all balconies and walkways indicating<br />

materials, profiles and elevational appearance<br />

(Scale 1:20);<br />

8. Details of balustrades of all roof terraces (Scale<br />

1:20)<br />

9. Details of wall panels.<br />

Reason: To protect the character and appearance of the<br />

adjoining Stockwell Green Conservation Area along with<br />

the surrounding buildings in accordance with saved policies<br />

33, 38 and 47 of the Unitary Development Plan (2007) and<br />

Core Strategy Policy S9 (2011).


Application type<br />

Application ref(s)<br />

Variation of Condition<br />

<strong>12</strong>/<strong>03759</strong>/<strong>VOC</strong><br />

Validation date 15 th October 20<strong>12</strong><br />

Case officer details<br />

Name: Richard McFerran<br />

Tel: 020 7926 <strong>12</strong>05<br />

Email: rmcferran@lambeth.gov.uk<br />

Applicant<br />

Agent<br />

Considerations/constraints<br />

Spiritbond<br />

Mr Donald Considine - TP Bennett<br />

Major Development Opportunity<br />

Approved plans D2504 P2; D5200 P1; D2505 P1; Email (dated 05/<strong>12</strong>/<strong>12</strong>).<br />

Recommendation(s)<br />

Grant planning permission subject to a completion of a<br />

Deed of Variation of the S106 Agreement<br />

Report Review<br />

Department(s) or Organisation(s) Date consulted Date response<br />

received<br />

Governance & Democracy (legal) 29.11.20<strong>12</strong> 03.<strong>12</strong>.<strong>12</strong><br />

Consultation<br />

Department(s) or Organisation(s)<br />

Consulted?<br />

(y/n)<br />

Date response<br />

received<br />

Internal<br />

Crime Prevention Design Y 14/11/20<strong>12</strong><br />

Conservation and Design Y 13/11/20<strong>12</strong><br />

Noise & Pollution Y None Received<br />

Streetcare Y None Received<br />

Noise Enforcement Y None Received<br />

Brixton Town Centre Manager Y None Received<br />

External<br />

Stockwell Partnership Y None Received<br />

Stockwell Gardens East Tenants And<br />

Y<br />

None Received<br />

Residents Association<br />

Central Stockwell Street Residents And<br />

Tenants Association<br />

Y<br />

None Received


Brixton Society Y None Received<br />

Clapham Society Y None Received<br />

Transport For London Y 01/11/20<strong>12</strong><br />

Background Documents<br />

Case File (this can be accessed via the Planning Advice Desk, Telephone 020 7926<br />

1180)


1 Summary of Main Issues<br />

1.1 Planning application 11/02200/FUL was approved by the <strong>Council</strong> in October<br />

2011 following determination at Planning Applications Committee. At this time<br />

the <strong>Council</strong> accepted the principle of the redevelopment of the site to allow the<br />

creation of new office space, a total of 328 bedrooms for student<br />

accommodation as well as the creation of 38 self-contained flats.<br />

1.2 The above consent was subject to a number of conditions. Condition 3 required<br />

the applicant to provide further details of a number of the architectural elements<br />

of the scheme to ensure their suitability on design grounds. As part of this the<br />

condition requested further details of details of external window and door<br />

reveals which were stipulated to have a depth of 115mm. It is this particular<br />

element of the condition which the applicant wishes to vary. Of particular<br />

consideration of this applications are the following:<br />

• The impact on the appearance of the building; and<br />

• The impact with regards to crime and safety.<br />

2 Site Description<br />

2.1 The application site forms part of a 1.26 hectare area known as the former<br />

Bottle Store site. The area to be redeveloped is rectangular in shape and is<br />

situated at the northeast corner of the junction between Lingham Street and<br />

Stockwell Green.<br />

2.2 The majority of the site has been developed following permission in 2006 for a<br />

mixed use development. The existing buildings on the site are nine storeys in<br />

height. The remaining undeveloped part has been striped back to the concrete<br />

pillars and only the structural shell remains, which equates to 0.43 hectare in<br />

area.<br />

2.3 The surrounding area is predominately residential in character. The type of<br />

housing that surrounds the site varies from public housing in large buildings to<br />

the north east, further public housing estates to the north and period style<br />

housing situated towards the south and west of the site. Stockwell Road, whilst<br />

not a designated town centre, has a range of commercial uses and there are<br />

isolated commercial sites on the distributor roads nearby.<br />

2.4 The site has a PTAL score between 5-6a which is ‘very good’ to ‘excellent’.<br />

Public transport links are provided by bus services along Stockwell Road. There<br />

is also the Stockwell London Underground Station.<br />

2.5 The site is not situated within a Conservation Area, however it borders the<br />

Stockwell Green Conservation Area and is in close proximity to 1 Stockwell<br />

Green a Grade II listed building (circ 1848 built in Jacobean style) and 21-37<br />

Stockwell Green a Grade II listed terrace.


3 Planning History<br />

3.1 The application site has the following planning history:<br />

3.2 11/02200/FUL - Demolition of the existing building. Redevelopment of site to<br />

provide a mix use development involving employment office space (Use Class<br />

B1), 328 bedrooms for student accommodation (Sui Generis) and 38 selfcontained<br />

residential flats (Use Class C3). Erection of two buildings on the site,<br />

consisting of one 6-storey building plus part basement (residential flats) and one<br />

part 8, part 7, part 5-storey building plus basement (student accommodation and<br />

employment office space), together with a lift overrun. Provision of refuse,<br />

recycling and cycle storage facilities along with landscaping of the existing site<br />

and associated private amenity space for the residential units<br />

4 Proposal<br />

4.1 Under this application for a variation of condition, the applicant is seeking to<br />

vary the wording of condition 3 of the original consent ref: 11/02200/FUL which<br />

reads as follows:<br />

Prior to commencement of development, detailed drawings, samples, and a<br />

schedule of materials, shall be submitted to and approved in writing by the Local<br />

Planning Authority (for determination by the Planning Applications Committee)<br />

and this condition shall apply notwithstanding any indications as to these<br />

matters which have been given on the approved plans and in the application.<br />

The development shall thereafter be carried out solely in accordance with the<br />

details approved in writing unless otherwise agreed in writing with local planning<br />

authority. The following details will be required.<br />

1. Details of all window and door reveals on the external faces of the<br />

development that shall be set within 115mm minimum reveals from the<br />

face of the building. (Scale 1:5)<br />

2. Door entrance details;<br />

3. Sample and schedule of materials including brick sample panel<br />

4. Details of roof materials;<br />

5. Details of vents, extracts and pipes;<br />

6. Details of all balconies and walkways indicating materials, profiles and<br />

elevational appearance (Scale 1:20);<br />

7. Details of balustrades of all roof terraces (Scale 1:20)<br />

8. Details of wall panels.<br />

Reason: To protect the character and appearance of the adjoining Stockwell<br />

Green Conservation Area along with the surrounding buildings in accordance<br />

with saved policies 33, 38 and 47 of the Unitary Development Plan (2007) and<br />

Core Strategy Policy S9 (2011).<br />

4.2 The issue is with regards to the depth of the window and door reveals on the<br />

external faces of the development. The applicant considers that the stipulated<br />

reveal depth on the residential element (comprising 38 self-contained flats) is


not achievable on the basis that the residential part of the development is<br />

designed using a cavity wall construction and as such the required ‘setting out’<br />

would result in the window projecting beyond the brick outer leaf. This would<br />

have raised issues with respect to weatherproofing these elements of the<br />

scheme in a traditional manner in keeping with the character of the building. As<br />

such it is proposed that the external reveal to this part of the scheme be altered<br />

to a depth of 65mm.<br />

4.3 Given the above the applicant is seeking the rewording of the condition to state<br />

that the reveal depth of the windows and doors to the residential element shall<br />

be 65mm. For the purposes of clarification the reveal depth to the windows and<br />

doors of the student accommodation will remain at 115mm. This is due to<br />

differences in the detailed design of this part of the development. In light of the<br />

above the proposed wording of condition 3 shall be as follows:<br />

Prior to commencement of development, detailed drawings, samples, and a<br />

schedule of materials, shall be submitted to and approved in writing by the Local<br />

Planning Authority (for determination by the Planning Applications Committee)<br />

and this condition shall apply notwithstanding any indications as to these<br />

matters which have been given on the approved plans and in the application.<br />

The development shall thereafter be carried out solely in accordance with the<br />

details approved in writing unless otherwise agreed in writing with local planning<br />

authority. The following details will be required.<br />

1. Details of all window and door reveals on the external faces of the<br />

residential (self-contained flats) element of the development that shall be<br />

set within 65mm minimum reveals from the face of the building. (Scale<br />

1:5)<br />

2. Details of all window and door reveals on the external faces of the<br />

student accommodation element of the development that shall be set<br />

within 115mm minimum reveals from the face of the building. (Scale 1:5)<br />

3. Door entrance details;<br />

4. Sample and schedule of materials including brick sample panel<br />

5. Details of roof materials;<br />

6. Details of vents, extracts and pipes;<br />

7. Details of all balconies and walkways indicating materials, profiles and<br />

elevational appearance (Scale 1:20);<br />

8. Details of balustrades of all roof terraces (Scale 1:20)<br />

9. Details of wall panels.<br />

Reason: To protect the character and appearance of the adjoining Stockwell<br />

Green Conservation Area along with the surrounding buildings in accordance<br />

with saved policies 33, 38 and 47 of the Unitary Development Plan (2007) and<br />

Core Strategy Policy S9 (2011).<br />

4.4 Other than the alterations to the reveal depth of the windows and doors to the<br />

residential element of the scheme, there would be no further changes to the<br />

wording of the original condition.


5 Consultations and Responses<br />

5.1 A total of 504 consultation letters have been sent out to the occupants of<br />

properties within the vicinity of the application site. These include properties<br />

within Stockwell Green; Stockwell Road; Stockwell Mews; Oak Square; Irving<br />

Grove; Eastcote Street and Lingham Street. A full list of the properties<br />

consulted as part of this process can be viewed on the planning file.<br />

5.2 A site notice was displayed on 25 th October 20<strong>12</strong> and a press notice was<br />

published on the same date.<br />

Internal consultation<br />

5.3 The <strong>Council</strong>’s Conservation Officer has raised no objections to the proposed<br />

variation of condition. This is on the basis that there is adequate justification for<br />

the alteration to the depth of the window and door reveals and that this alteration<br />

will not have any significant impact upon the appearance of the building.<br />

5.4 The <strong>Council</strong>’s Crime Safety Advisor has raised no objection to the proposed<br />

variation.<br />

5.5 No response had been received from the <strong>Council</strong>’s Streetcare or Noise<br />

Enforcement Teams or the Brixton Town Centre Manager.<br />

External consultation<br />

5.6 The following local amenity groups and official bodies were consulted on these<br />

proposals:<br />

• Stockwell Partnership<br />

• Stockwell Gardens East Tenants And Residents Association<br />

• Central Stockwell Street Residents And Tenants Association<br />

• Brixton Society<br />

• Clapham Society<br />

• Transport For London<br />

5.7 No responses have been received from the above local amenity groups at the<br />

time of writing. However Transport for London did provide comments stating<br />

that they wish to provide no observations due to the nature of the scheme.<br />

No. of Letters No. of Objections No. in support Comments<br />

sent<br />

510 0 0 1 (TFL)


6 Planning Policy Considerations<br />

National Guidance<br />

6.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires<br />

planning decisions to be made in accordance with the development plan unless<br />

material considerations indicate otherwise. The development plan in <strong>Lambeth</strong> is<br />

the London Plan (‘consolidated with Alterations since 2004’ published in<br />

February 2008), the <strong>Lambeth</strong> Core Strategy (adopted 19 January 2011) and the<br />

remaining saved policies in the ‘<strong>Lambeth</strong> Unitary Development Plan (UDP)<br />

2007: Policies saved beyond 5 August 2010 and not superseded by the LDF<br />

Core Strategy January 2011’. Material considerations include national planning<br />

policy statements and planning policy guidance.<br />

6.2 On 27th March 20<strong>12</strong>, the Government published the National Planning Policy<br />

Framework. This document had the immediate effect of replacing various<br />

documents including, amongst other documents, PPS1, PPS3, PPS4, PPS5,<br />

PPS<strong>12</strong>, PPG13, PPG17 and Circular 05/2005: Planning Obligations.<br />

6.3 The National Planning Policy Framework sets out the Government’s planning<br />

policies for England and how these are expected to be applied. It reinforces the<br />

Development Plan led system and does not change the statutory status of the<br />

development plan as the starting point for decision making. The NPPF sets out<br />

that the National Planning Policy Framework must be taken into account in the<br />

preparation of local and neighbourhood plans, and is a material consideration in<br />

planning decisions. Moreover, it sets out that in assessing and determining<br />

development proposals, local planning authorities should apply the presumption<br />

in favour of sustainable development.<br />

The London Plan 2011<br />

6.4 The London Plan was published in July 2011 and replaces the previous<br />

versions which were adopted in February 2004 and updated in February 2008.<br />

The London Plan is the Mayor’s development strategy for Greater London and<br />

provides strategic planning guidance for development and use of land and<br />

buildings within the London region.<br />

6.5 The London Plan is the overall strategic plan for London, and it sets out a fully<br />

integrated economic, environmental, transport and social framework for the<br />

development of the capital over the next 20-25 years. It forms part of the<br />

development plan for Greater London. All Borough plan policies are required to<br />

be in general conformity with the London Plan policies<br />

6.6 The key policies of the plan considered relevant in this case are:<br />

• Policy 1.1 - Delivering the strategic vision and objectives for London<br />

• Policy 2.9 - Inner London<br />

• Policy 7.1 - Building London’s neighbourhoods and communities<br />

• Policy 7.2 - An inclusive environment<br />

• Policy 7.3 - Designing out crime<br />

• Policy 7.4 - Local character


• Policy 7.6 – Architecture<br />

<strong>Lambeth</strong> LDF Core Strategy (2011)<br />

6.7 The following policies are considered to be of relevance to the assessment of<br />

this application:<br />

• Policy S1 – Delivering the Vision and Objectives<br />

• Policy S9 – Quality of the Built Environment<br />

London Borough of <strong>Lambeth</strong> Unitary Development Plan (2007): ‘Policies saved<br />

beyond 5 August 2010 and not superseded by the LDF Core Strategy January<br />

2011’<br />

6.8 The following policies are considered to be of relevance to the assessment of<br />

this application:<br />

• Policy 32 – Community Safety/Designing Out Crime<br />

• Policy 33 – Building Scale and Design<br />

• Policy 38 – Design in Existing Residential/Mixed Use Areas<br />

• Policy 47 – Conservation Areas<br />

7 Planning Considerations<br />

7.1 The proposed variation of condition is considered to be justified on the basis<br />

that the residential part of the development is designed using a cavity wall<br />

construction and as such the required ‘setting out’ would result in the window<br />

projecting beyond the brick outer leaf. This would have raised issues with<br />

respect to weatherproofing these elements of the scheme in a traditional<br />

manner in keeping with the character of the building. As such it is proposed that<br />

the external reveal to this part of the scheme be altered to a depth of 65mm.<br />

7.2 With respect to the above, it is considered that on the basis of the comments<br />

from the Conservation and Design Officer that the works would be minor when<br />

the scheme is viewed as a whole and would not have a detrimental impact upon<br />

the appearance of the approved scheme. The proposed variation is therefore<br />

considered to comply with Policy 9 of the Core Strategy and the relevant design<br />

policies within the UDP.<br />

7.3 Furthermore, in keeping with comments from the Crime Safety Advisor it is<br />

considered that the alterations would not give rise to any increased<br />

opportunities for crime in accordance with Saved Policy 32 of the UDP.<br />

8 Conclusion<br />

8.1 The proposed variation of condition 3 of application ref: 11/02200/FUL would not<br />

result in a detrimental impact on the character or appearance of the building and<br />

would not give rise to any crime issues.


9 Recommendation<br />

9.1 Grant variation of condition 3 of application ref: 11/02200/FUL, subject to the<br />

completion of a Deed of Variation of the S106 Agreement.<br />

10 Summary of the Reasons<br />

10.1 In deciding to vary the condition quoted above, the <strong>Council</strong> has had regard to<br />

the relevant policies of the <strong>Lambeth</strong> Local Development Framework Core<br />

Strategy (2011) and London Borough of <strong>Lambeth</strong> Unitary Development Plan<br />

(2007): ‘Policies saved beyond 5 August 2010 and not superseded by the LDF<br />

Core Strategy January 2011’), and all other relevant material considerations.<br />

Having weighed the merits of the proposal in the context of these issues, it is<br />

considered that planning permission should be granted. In reaching this<br />

decision the following policies were relevant:<br />

10.2 <strong>Lambeth</strong> LDF Core Strategy (2011):<br />

• Policy S9 – Quality of the Built Environment<br />

10.3 London Borough of <strong>Lambeth</strong> Unitary Development Plan (2007): ‘Policies saved<br />

beyond 5 August 2010 and not superseded by the LDF Core Strategy January<br />

2011’):<br />

• Policy 32 – Community Safety/Designing Out Crime<br />

• Policy 33 – Building Scale and Design<br />

• Policy 38 – Design in Existing Residential/Mixed Use Areas<br />

• Policy 47 – Conservation Areas<br />

Informatives<br />

1 You are advised that all conditions attached to permission 11/02200/FUL remain<br />

in force as originally worded other than condition 3 which is varied under this<br />

application.<br />

2 You are advised that if there is an existing agreement under Section 106 of the<br />

Town and Country Planning Act 1990 in place in respect of this property it will<br />

be subject to a Deed of Variation.<br />

__________________________

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