e-mail: jon.bishop@hounslow.gov.uk

References: P/2009/2768 and P/2009/2771

00505/EY/P13 and 00505/EY/AD9

Address: Land at Chiswick Roundabout, junction of Gunnersbury Avenue and Great West Road Chiswick

Ward: Turnham Green

Proposal: Erection of a 5 storey 52 metre high ‘landmark building’ for office use incorporating 5 media screens and associated parking.

Drawing numbers: 1900, 1901, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2100, 2103, 2110, 2200, 2201 and 2111 received 06-11-2009

Application received: 06 November 2009

These applications are being submitted to the Chiswick and Isleworth and Brentford Area Planning Committees for comment. If an acceptable scheme can be negotiated, then the proposal can be recommended for approval at the Sustainable Development Committee. If no acceptable scheme can be negotiated, the applications can be refused under delegated powers

1.0 SUMMARY

1.1 The proposed development involves the erection of a 52 metre high building incorporating 20,000 square feet of office space and 5 LED media screens. Two of the media screens are proposed to be sited at high level (20 metres above ground level) and sited to face the elevated section of the M4. The other 3 screens will be located around the base of the building facing towards the approach roads for the Chiswick roundabout.

2.0 SITE DESCRIPTION

2.1 The triangular site is located fronting Chiswick roundabout at the junction of A 406 North Circular (Gunnersbury Avenue) and A4 Great West Road Chiswick. The site is currently vacant. There are currently a total of 9-advertisement hoardings around the perimeter of the site. A large hole has been excavated within the site to commence the approved office development on the site.

2.2 Beyond the railway line to the north of the B & Q site is the Kensington and Chelsea Cemetery, and Gunnersbury Park. These 2 sites fall within Gunnersbury Park Conservation Area and are also designated Metropolitan Open Land (MOL). They also fall within Character Area 11 of the Brentford

CHISWICK AREA COMMITTEE – 19th January 2010

Agenda Item 11

98

Area Action Plan. Gunnersbury Park is on the English Heritage Register of Parks and Gardens of Special Historic Interest, and is Grade II* listed. It is also designated as a site of Local Nature Conservation Importance. Gunnersbury Park Conservation area also incorporates a number of residential properties on either side of the A406 North Circular (Gunnersbury Avenue). In addition the wider area contains a number of conservation areas. An industrial estate lies immediately to the east of the site know as Power Road Industrial estate and there is also a large car show room with forcout and parking areas immediately opposite the site. The vast majority of the buildings on these sites to the east are low level being predominantly between 1 and 3 stories.

2.3 Further to the east is the low density Power Road Industrial Estate and beyond that is the Thorney Hedge Conservation Area (the conservation area includes areas to both the north and south of Chiswick High Road). This part of Chiswick is suburban in character and contains predominantly Victorian dwelling houses of between 2 and 3 storeys in height. The low lying areas around the application site and the roundabout itself for a transition from the M4 corridor though to the suburban areas to the east and south of the site. To the south east of the application site is the Wellesley Road Conservation Area, which incorporates land on the southern side of Chiswick High Road and the eastern side of Kew Bridge Road. Wellesley Road Conservation Area is residential in character and similarly as with Thorney Hedge Conservation Areas contains predominantly Victorian dwelling houses of 2 to 3 stories in height.

2.4 Further south of the application site and beyond Wellesley Road lies the Strand on the Green Conservation Area. This is an older settlement and Conservation Area which developed from settlement adjacent to the River Thames. This area is also forms part of the Thames Policy Area and as such is considered to be a sensitive areas particularly with regards to views of the river Thames and its setting. To the west at the point where Chiswick High Road becomes Kew Bridge Road is Kew Bridge Conservation Area. Kew Bridge itself is included within the conservation area designation and it. is also Grade II listed. Kew Bridge crosses the river Thames and links the borough to Kew which is located in the adjoining borough of Richmond Upon Thames (Both sides of the river are covered by the Thames Policy Area). Kew Green is located at the end of the bridge as you enter into Richmond Borough. The conservation area extends to the river bank and riverside footpath which is an important local amenity. To the south of Kew Bridge and into Richmond Borough is the Royal Botanical Gardens, Kew which is designated as a World Heritage Site. In addition, there are Conservation Areas along the river in Kew.

2.5 The site occupies a strategic position on the road network being located at the point where the M4, the Great West Road A4 and the North and South Circular road meet. The A4 is a very busy major trunk road which gives access to central London from the west. It is a particularly busy commuter link and carries a very high volume of traffic particularly at peak times. It crosses the entire Hounslow Borough and is predominantly 3 lanes in width but does reduce to 2 lanes around the Heathrow Airport junction. The M4 merges with the A4 in the Chiswick area is elevated above it as it travels

99

through Brentford for approximately 1 mile. The elevated section is 2 lanes with no hard shoulder and a significant bend and is considered to be a substandard motorway by the Highways Agency which is the reason why this section of the motorway has a 40 mph max speed limit. The elevated section continues past the application site and joins with A4 to the west of the roundabout. The section of the M4 adjacent to the site is on a curve and is elevated and as such the site is particular attractive to companies who wish to display advertisement hording due to the high visibility of the site and the high amount of passing traffic. There has been a history of advertisement hording being displayed at he site and there was un unauthorised tower on the site which was removed following enforcement action.

2.6 In addition to the M4 and the A4 Chiswick roundabout itself is a major junction and is the point where the major north south route (the North Circular) meets the major east – west rout (A4/M4). The A315 Chiswick High Road also leads off the roundabout which is am important and busy local distributor road. When travelling west from Hammersmith (east of Chiswick) along Chiswick High Road the character of Chiswick is defined by the relatively green and leafy residential dwellings. The predominantly low level 2 – 3 storey dwellings form an attractive suburb with many areas designated as conservation areas.

2.7 There are 5 different character areas (identified in the |Brentford Area Acvtion Plan) located to the west of the application site along the A4. From Chiswick Roundabout to Lionel Road there is a small cluster of commercial property on the north side of the road, with some tall office buildings to the north fronting onto the road. Most notable these are the Vantage west building which is 40 metres in height and Data General which is 48 meters in height. Adjacent to this area to the north is an area of Metropolitan Open Land (MOL) which provides a green separation for the commercial buildings on the south side of the A4 such as Wallis house which is listed, and Alfa Laval which is 48 metres in height. There is then an area of lower lying traditional residential development separating this area from a third area of taller buildings. These include Great West House which is 60 meters in height and 1000 Great West Road which is 41 metres in height. There are also two larger scale purpose built advert hoardings in this area namely the Foster Tower which is approximately 26.5 metres high and the JC Decaux Tower which is 24 Metres in height.

2.8 The Great West Road has an architectural history and attracted modern landmark buildings at the time of its construction in the 1930’s. At the time the buildings were considered to be prestigious and have a high architectural merit. Indeed many of these buildings have subsequently been listed and the area is known as the ‘Golden Mile’ along the stretch of the road which by passes Brentford.

3.0 HISTORY

The planning history for the property is as follows:

Commercial / residential use

100

00505/EY/P1 Erection of a 26 storey office building (The Pinnacle)

WITHDRAWN 09/08/2000

00505/EY/P2 Erection of a thirteen storey building comprising office building with basement car parking (Tricorn)

REFUSED 05/04/2001

00505/EY/P3 Redevelopment of site for 13 storey office building (Outline application.) (The Citadel)

APPROVED Subject to legal agreement signed 9th January 2002 08/01/2002 Now expired

00505/EY/P4 Redevelopment of site for offices

REFUSED 18/04/2002

00505/EY/P5 Erection of thirteen storey building comprising office building with basement car parking (Outline Application) (The Citadel)

APPROVED Subject to legal agreement signed 9th September 2002. 10/09/2002

00505/EY/P5 (a)

Reserved matters of landscaping for above development

APPROVED 15/06/2006 Commenced June 2008

00505/EY/P6 Erection of advertising tower.

REFUSED 04/03/2003. Allowed on APPEAL 7.11.03, for a period of 3 years, after which it should be removed APP/F5540/A/03/1112669

00505/EY/P7 Erection of 16 storey building for use as 264 flats and offices

REFUSED 2004

00505/EY/P9 Erection of a 5 storey office building comprising office / showroom at ground level and 9 panels projecting from the sides and roof of the proposed building

REFUSED 23.5.06 DISMISSED ON APPEAL 19.9.06 APP/F5540/A/06/1198977

00505/EY/P10 Retention of free standing advertisement tower

Refused 24.5.07

DISMISSED ON APPEAL 6.3.08 APP/F5540/A/07/1201637

00505/EY/P11 Retention of advetising tower with additional

Refused 04-09-2008

101

cladding for a temporary period of 2 years.

DISMISSED ON APPEAL 11.05.09 APP/F554/A/08/2086180

00505/EY/P12 Erection of an advertising tower consisting of a V-shaped panel mounted on a 20m pole

Refused 27.11.2008 DISMISSED ON APPEAL 11.05.09 APP/F540/A/08/2092848

Advertisements

00505/EK/AD1 Retention of 2 internally illuminated 48 sheet advertisements affixed to tower

Refused 12.11.02 Allowed on appeal 7.11.03 for 3 years, following which they should be removed APP/F5540/H/03/1107132

00505/EY/AD1 Retention of advertisement hoardings(A4 level)

ADVERT APPROVAL 10/09/2002 for a period of 18 months only, expiring on 10/03/2004, when the advertisements should be removed.

00505/EY/AD2 Retention of illuminated static advertisement hoardings (A4 level)

REFUSED 23/01/2003 Allowed on APPEAL 7.11.03, for a period of 3 years, after which they should be removed. APP/F/5540/H/03/1113342

00505/EY/AD3 Installation of 7internally illuminated LED screens for advertisements

REFUSED 16.09.05

00505/EY/AD4 Installation of seven internally illuminated LED screens for advertisements

REFUSED 23.05.06 DISMISSED ON APPEAL 19.09.06 APP/F/5540/H/06/1198991

00505/EY/AD5 Retention of advertisements

Refused 24.05.07 SPLIT DECISION AT APPEAL APPEAL A - HIGHER LEVEL ADVERTS DISMISSED 06.03.08 – APP/F5540/A/07/1201637 APPEAL B LOWER LEVELADVERTS ALLOWED 06.03.98 FOR TEMPORARY PERIOD OF 2 YEARS (after which they shall be removed) APP/F5540/H/07/1201633

00505/EY/AD6 Retention of 2 x advertisement poster display each 7m x 5m

Refused 04.09.2008 DISMISSED ON APPEAL 11.05.09

102

including internal lighting

APP/5540/H/08/2086175

00505/EY/AD7 Display of 2 internally illuminated adverts 7m x 5m in a V shaped panel mounted on a 20 metre pole.

Refused 27.11.08 DISMISSED ON APPEAL 11.05.09 APP/5540/H/08/209/2706

4.0 DETAILS

Use

4.1 The application proposes the erection of a building incorporating 5 storeys of office accommodation and 5 media screens on the external elevations of the building, which will display advertising. The ground floor will be parking, services and the lobby space for the office building. The office accommodation is raised above ground level and sits above the level of the elevated section of the motorway. All services, plant and storage are located in the hollow legs at ground floor level. 20,000 square feet of office accommodation is proposed over 5 floors. This compares to 200,000 square feet, which is permitted under a previous consent (this consent has been implemented).

Height

4.2 Although only 5 storeys of office accommodation are proposed the height of the building will be 52 metres, which is approximately equivalent to a 14-storey building of a traditional design.

Materials

4.3 The proposed building incorporates an LED ‘shroud’ which is perforated so it will provide shading as well as allowing day light to pass through it. The lower section of the building is proposed to be made from a silver anodised aluminium. The office enclosure will be constructed from full height high performance glazing panels.

Parking 4.4 25 car parking spaces are proposed and all will be located at surface level

and 35 secure cycle parking spaces are proposed also at surface level on the ground floor. The vehicular access to the site is proposed from Larch Drive.

LED advert/media Screens

103

4.5 One of the design features of the building is that it will be covered in a LED ‘shroud’ which will form part of the building and function as the main advertisement/media screens. The media screens form an integral part of the scheme and will form the principal characteristic of the building. The LED media screens are an innovative technology/design and they will be controlled via a computer, which will enable a wide variety of images and messages to be displayed.

4.6 There will be a total of 5 media screens on the building, which are intended

principally to display advertisements. There will be 2 main screens on the building which will be located 20 metres above ground level. The size of these screens will be screen A = 472 square metres and screen B = 414 square metres respectively. The 2 main screens have been sited with one facing east and one facing west to catch the attention of drivers using the motorway.

4.7 There will be 3 smaller screens located around the base of the building which will also display advertisements. The sizes of these screens would be screen C = 62 square metres, screen D = 107 square metres and screen E = 57 square metres. One of the screens will be sited facing northwards, one eastwards and the third screen will be sited facing to the west.

Landscaping

4.8 The pavement will be widened around the site to help with circulation around the site. The hard landscaping will be upgraded and improved but there are no soft landscaping proposals as part of this submission.

5.0 CONSULTATIONS

5.1 At the time of writing this report the following consultation responses have been received:

Brentford Community Council (BCC)

Objection on the following grounds:

History – There have been a number of applications in the past with all except one being refused. The BCC believe that there is no imperative to develop this site.

Visibility – The building is located in a prominent location and as such would be highly visible. The BCC considers that landmark features should not necessarily be high buildings or located at the junction of major roads. Where they are suitable, it would be more appropriate for landmarks to mark the focal points of community life. Height – The site is not suitable for a high building and it could set an undesirable precedent for the future. The Council needs to adopt a specific high buildings policy to ensure that they are located in appropriate locations in the future.

Concept (media feature) – Brentford is residential in character and the allowance of larger scale adverts will erode this character. The BCC urges the Council to formulate a policy for advertisements in Brentford as an addition to the BAAP. The policy should define the location and character of advertisements suitable for an urban motorway AND for the residential character of much of Brentford.

Media screens - The BCC considers that the advertisement screens are inappropriate for this site, too large and too distracting and that they will be put of

104

character with the residential character of this area of Brentford. The BCC also consider that if a major advert is allowed on this site that it will set an undesirable precedent on the A4/M4 corridor and in West Chiswick. Further large scale adverts would erode the residential character of the area. Access, circulation and parking – The office entrance on the east side is reached by the pedestrian crossing to the North Circular Road. There is no crossing across Larch Road. As a result the site is detached from the public realm. In addition there is no active frontage proposed and therefore it is considered that the pedestrian environment will be poor and potentially dangerous. The BCC suggests that access and connections should be reviewed so that the development was more tightly planned to connect the office uses with their urban context. Office accommodation – There appears to be no need for the office accommodation proposed and it is just there to avoid the application solely being an advert application. The design of the office building particularly with the mesh covering appears awkward. The BCC considers that that the design needs to be revised to better integrate the office accommodation with the rest of the structure so that they are more compatible in all conditions.

Design – Many BCC members welcomed the innovative approach of thedesign. Often the buildings proposed in Brentford have been of poor quality and supporters of this design considered that its sculptural quality was an asset. Should the Council wish to approve this application the BCC would recommend that the design is reviewed to include the following changes:

(i) That the area of the car park should be reduced. (ii) That wider pavements with street trees should be introduced. (iii) That active uses should be included on the pavement frontages. (iv) That further pedestrian crossings be provided. (v) That the height of the garage should be reduced to 4m or less,

lowering the offices and the whole building. (vi) That the building be reduced in height to approximately 20m. (vii) That the junctions between the mesh skin and the horizontal

windows be reviewed so that the junctions are reconciled by day and at night. (viii) That the junctions between the edges of the two illuminated

screens and the un-lit mesh are reviewed so that the three dimensional character of the structure is reconciled with the flat advertisements.

The BCC considers that the design approach mitigates to some extent the basic planning objections to this building. If the design improvements set out above were carried out it would tend the make the application more acceptable.

Community benefit - There would be no community benefit from the application. In The BCC’s view is that the building will be an inappropriate ‘land mark’ building which would be at the heart of the local community. Should permission be granted the developers should be required to make a substantial financial contribution for the restoration and improvement of Gunnersbury Park.

Highways Agency (HA)

Objection on the following grounds;

the proposed adverts will be a distraction to those using the M4 and this would represent a serious highway safety hazard. The section of the M4, which is

105

adjacent to the site, has a higher than average number of accidents and the section requires a high level of concentration from the driver. The proposed signs are very large and have the capacity to provide a ‘prolonged distraction’ for those using this section of the M4.

Transport for London (TFL)

No objection in principle to the proposed building or the proposed adverts subject to an agreement on the following conditions:

A Time limit for the adverts

No moving parts or changing light patterns be used

No sequential adverts

In addition lighting levels be limited to the levels set out in Technical Report 5 of the Institute of Lighting Engineers. The applicant must demonstrate that access can be gained to the sign for maintenance and construction purposes without the need to stop on or obstruct the carriageway.

TFL requests that the developer pays for the pavement around the site to be resurfaced and the changes to Larch Drive will need to be delivered through a S278 agreement with TFL.

London Borough of Hammersmith and Fulham

No objection

6.0 POLICY

6.1 Determining applications for full or outline planning permission

When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

6.2 The Development Plan 6.3 The Development Plan for the Borough comprises the Council's Unitary

Development Plan (UDP) and the London Plan. The UDP was adopted in December 2003 and was amended and saved as of 28 September 2007 by direction from the Secretary of State. The 'London Plan (Consolidated with Alterations since 2004)' was adopted in February 2008.

6.4 As part of its prospective Local Development Framework, the authority has

prepared two development plan documents (‘DPDs’): the Employment Development Plan Document and Brentford Area Action Plan, which were subject to Examination Hearings in March and April 2008 respectively. The Employment DPD was adopted on 25th November 2008 and the Brentford Area Action Plan DPD was adopted on the 27th January 2009 and these now form part of the Development Plan for the Borough.

106

6.5 The authority has also produced supplementary planning documents

(‘SPDs’) in relation to ‘Planning Obligations’ and ‘Air Quality’. These are adopted policy documents, and material considerations in determining applications for planning permission.

6.6 National Policy Guidance PPS1 Delivering Sustainable Development

PPG 4 Industrial, Commercial Development and Small Firms PPG 13 Transport PPG15 Planning and the Historic Environment PPG19 Outdoor Advertising Control Circular 03/2007 - Control of Advertising Regulations 2007

6.7 London Plan

Policy 2A.1 Sustainability Criteria

Policy 3B.1 Developing London’s Economy

Policy 3B.2 Office Demand and Supply

Policy 3B.4 Industrial Locations

Policy 4B.3 Maximising the potential of sites

Policy 4A.3 Sustainable Design and Construction

Policy 4A.4 Energy Assessment

Policy 4A.7 Renewable Energy

Policy 4A.9 Adaption to climate change

Policy 4A.14 Sustainable drainage

Policy 4A.19 Improving Air Quality

Policy 4B.1 Design Principles for a compact city

Policy 4B.2 Promoting World Class Architecture and Design

Policy 4B.4 London’s Buildings: retrofitting

Policy 4B.5 Creating an Inclusive Environment

Policy 4B.8 Respect Local Context and Communities

6.8 Unitary Development Plan

IMP 6.1 Planning Obligations

ENV-P 1.5 Protection of MOL

ENV-N P 1.6 MOL : Acceptable Uses

107

ENV-N 1.7 Development near the MOL boundary

ENV-N 1.15 Heritage Land

ENV-N 1.16 Historic Parks and Gardens

ENV-N 2.9 Green Corridors

ENV-B.1.1 New Development

ENV-B.1.2 High Buildings or Structures Affecting Sensitive Areas

ENV.1.4 Advertisements

ENV-B 2.2 Conservation Area

ENV-B 2.8 Views and Landmarks

ENV-W 1.1 Design in the Thames Policy Area

ENV W 1.3 Important Views and Structures in the Thames Policy Area

ENV-P 1.6 Air Polllution

ENV-P 1.7 Light Pollution

T.1.2 The Movement Implications of Development

T.1.4 Car and Cycle Parking and Servicing Facilities for Developments

T.2.1 Pedestrian Access

T.4.3 Traffic Implications of New Development

T.4.4 Road Safety

Appendix 3 Parking Standards

6.9 Supplementary Planning Guidance

Employment Development Plan Document – adopted November 2008

E1 Maintaining Employment Capacity

E2 Locations for Employment

E4 Diversity in Employment

EP1 Location of New Office Based Employment

EP9 Small and Medium Sized Enterprise

Thames Landscape Strategy 6.10 Brentford Area Action Plan

BAAP 1 Sustainable Development- Developers of all major

108

developments should engage deliver developments that take account of the wishes of the community, based upon local economic, social, physical and environmental needs and in so doing, strengthen community cohesion and facilitate social inclusion.

BAAP 2 Urban Design- High quality redevelopment of all proposal sites will be required in order to enrich existing areas of distinctive local character, rejuvenate those areas that lack a positive identity, and improve the overall quality of Brentford’s urban form.

BAAP 4 The Great West Road- The Great West Road is an important employment location within the Borough and London wide. The Council is committed to supporting its role as a centre for employment and a distinctive and worthy gateway to and from London. It recognises that single use employment development, traffic congestion with the associated problems of noise and air pollution, and poor public transport access not assist in the achievement of sustainable development either on a local or a regional basis.

BAAP 7 Delivering Sustainable Access- All major developments will need to contribute to the delivery of sustainable access through a package of measures which promote sustainable movement and restrain the use of the car.

Character Area of the application site itself (as defined by the BAAP)

Character Area 14

Capital Interchange The similar style, age and layout of buildings within this area give it a uniform character as a small-scale industrial business park. It relates well to the commercial character of the Great West Road to the north and east but contrasts starkly with the Victorian buildings to the south and west.

Adjacent Character Areas (as defined by the BAAP)

Character Area 12

Great West Road East A small of group of high-rise office buildings completed or refurbished in the last 20 years. There are all of a contemporary design with glass and metal exteriors. Vantage West is the most prominent building in the area at 15 storeys high, scaling itself to the elevated roadway and is a focus seen from Kew Bridge. The buildings to the north also shield the historic Gunnersbury Park from views through the character area. All of the buildings are set back from the roadside and have frontages dominated by car parking

Character Area 13

Lionel Road South At the centre of three railway junctions and within a dip in the landscape this triangular

109

area is well contained from surrounding areas. There are very few buildings, and the open yard works taking place within the area dominate its appearance. However, there are some remaining Victorian industrial-related structures that link this area with the character of the adjacent Kew Bridge Conservation Area.

Character Area 15

Wellesley Road An historic thoroughfare surrounded by early to later Victorian buildings, the majority domestic, but with those on the main roads incorporating some commercial elements at ground floor. The buildings are mostly in classical style, with brick with stucco dressings. The Victorian commercial elements on the Kew Bridge end of Chiswick High Road are incorporated as taller four storey buildings in the same style as surrounding domestic properties. Some of the other streets have a calm, selfcontained quality whilst other elements make the area cohesive and contribute to the quality environment, such as the tree-lined roads. Other than street trees this is an intensively urban area, with all open space within private gardens.

Character Area 16

Strand on the Green The overall character is that of a variety of buildings but of common interest and scale, with narrow lanes and alleys connecting the riverside promenade that adds to the leisure value of the pub and restaurant destinations. There are a number of 119 water-related features, large eighteenth century private houses and modest 2 to 4 storey Victorian and Edwardian terraced housing.

Character Area 17

Kew Bridge The overall character and appearance of the area is derived from the interrelationship between its three main parts - Kew Bridge, Kew Bridge Steam Museum, and the 2 to 4 storey domestic scale buildings leading up to and including the railway station. Influenced by the water, rail and river crossings and past industries, the enduring characteristics of the area are the settings of the historic listed structures together with the road, rail and river patterns that connect them.

Character Area 18

Kew Green Kew Green is an historic open space in the London Borough of Richmond, surrounded by high quality eighteenth century developments and in a riverside setting. Approaches to the Green include mostly 2 storey Victorian and Edwardian terraces. The area is made attractive by its abundance of mature street trees, and it forms a visually cohesive area with an easily identifiable sense of place. It has a

110

definite village character.

Character Area 19

Royal Botanic Gardens Kew Kew Gardens was inscribed on the list of World Heritage Sites in July 2003. The area is also designated Grade I on the Register of Parks and Gardens of Special Historic Interest. Of international importance as a botanic garden and research establishment, Kew Gardens also features the landscape designs of Capability Brown amongst others of note. There are a number of high quality listed buildings in the gardens including Kew Palace, the Temperate House, the Palm House, Queen Charlotte’s Cottage and the Japanese Gateway. Links between Kew Palace across the River Thames to the entrance to the Grand Union Canal at Brentford and views from the towpath to St. George’s Church and Kew Bridge Steam Museum campanile are extremely important to the setting and character of the Gardens.

Planning Obligations – March 2008

7.0 PLANNING ISSUES

7.1 The main issues in the determination of this application area

i) The principle of development ii) Design and appearance iii) Impact upon the surrounding conservation areas, Gunnersbury

Park and Kew Gardens World Heritage Site. iv) Impact on nearby residents and light pollution v) Display advert screens and light pollution vi) Highway Safety of adverts vii) Traffic, parking and access for the office building viii) Noise and air quality ix) S106 contributions

i) Principle of development

7.2 The application site is categorised as a previously developed brown field site and is also within the boundary of the Brentford Area Action Plan (BAAP) although the site is not allocated for a specific use.

7.3 Policy BAAP1 (Sustainable Development) seeks to ensure that new development makes the most efficient use of resources such as land and energy; addresses local environmental issues such as poor air quality, noise pollution and flood risk; and contributes to the provision of the social and physical infrastructure required to support the area’s rapidly growing

111

community. Policy BAAP2 (Urban Design) identifies the Great West Road as key area for improvement setting out how proposals should enhance this ‘gateway’ location and deliver improvements to the quality of the public realm. It also requires proposals to demonstrate how they have realised opportunities for improving the character and quality of their local context. Policy BAAP4 (The Great West Road) also seeks to showcase innovation and high quality sustainable design, as well as taking into account the economic, social and environmental contributions made to the sustainable regeneration of the area.

Office building

7.4 The planning history for the site is a significant material consideration, which is relevant to the determination of this application. The site has an extensive planning history and there have been numerous applications for large scale buildings and advert hoardings in recent years. The site does benefit from a previous planning consent for the erection of a 59-metre high building incorporating 200,000 square feet of office space, which was approved in May 2002 and has also been implemented. Therefore the principle of a office building on this site has been established by virtue of the previous consent which has now been implemented. However, a proposal for a 5 storey building with LED advert panels on it, to a height of 45m, was refused by this Council and dismissed on appeal in 2006. The proposed building needs to be assessed against the relevant and current development plan policies to determine the impact it would have on the character of the area, amenity of neighbouring properties, the impact on nearby conservation areas and highway safety. Since the determination of the consented scheme Kew Gardens has been designated as a World Heritage Site which is a material consideration relevant to the determination of this application. In addition, this proposal is considerably different from that approved. These elements are discussed in greater detail in the following paragraphs.

Display of adverts

7.5 There have also been a number of applications for advertisement consent at the site and there have been a number of adverts displayed in recent years. Most have been unauthorised and the Local Authority has taken successful planning enforcement action in the past to have a number of advertising hoardings removed at high level. The existing adverts, which are around the base of the site, do benefit from temporary advert consent. However these adverts were permitted on a temporary basis only for a period of 2 years whilst the site was being redeveloped. This temporary period expires 6th March 2010 after which the owners of the site will be required (by planning condition) to remove the adverts from the site. Applications for adverts at this site have been consistently refused and all high level adverts have been dismissed at appeal. A previous application for an office building and LED advertisement panels (planning reference numbers 00505/EY/P9 and 00505/EY/AD4) was dismissed at appeal in 2006 with the inspector stating the following,

112

“I conclude, therefore, that the proposed building and advertisements would have an

adverse effect on the character and appearance and amenity of the surrounding area,

and as such run counter to the relevant policies of the development plan.”

Therefore although there are currently adverts on the site these are only temporary (these are to be removed by 6th March 2010) so the general principle of adverts in this location has not been established. In addition the proposed adverts are unlike any others which have been approved in the past due to their size, design, luminance and elevation above ground level. The proposed adverts need to be assessed in terms of their suitability for the site, and any impacts they may have on the character of the area and adjoining conservation areas, the amenity of the neighbouring properties and highway safety. These elements are discussed in greater detail in the following paragraphs.

ii) Design and appearance

7.6 PPS 1 emphasises that design which fails to take opportunities available for improving the character and quality of an area or that is innappropriate in its context should not be accepted. Policy ENV-B.1.1 (New Development) of the UDP promotes high quality design that enhances the overall environmental quality and townscape. Section 1.0 of the UDP Supplementary Planning Guidance (SPG) states that the design and layout of proposed developments must enable them to be compatible with, and make a positive contribution to the character of the locality. New buildings must relate satisfactorily to adjoining and neighbouring buildings and spaces. The scale, massing, siting, size and height of these buildings should be respected by new development, although this need not exclude original innovative design. Previous applications for large scale buildings and advertisements have been refused and dismissed at appeal due to the resulting adverse impact on the character and appearance of the area.

7.7 Policy ENV-B.1.2 (High Buildings or Structures Affecting Sensitive Areas) of the UDP refers to high buildings and structures and states that buildings, which are out of character with their surroundings in terms of height, will normally be refused. High buildings will only be acceptable in certain locations where high buildings already exist on the site or the surrounding area is characterised by high buildings.

7.8 The height of the proposed building is 52 metres, which would represent a large building relative to its surroundings. Although 52 metres in height due to the design of the building only 5 storeys of office accommodation are proposed. 52 metres in height is approximately equivalent to a 14-storey building of a more traditional design such as the consented scheme (see figure 1 for section of building and building height). Although there are examples of high buildings in the surrounding area these are the exception rather then the rule. The area is not characterised by high buildings and it is considered that the proposal would appear large relative to its surroundings. However planning permission has previously been granted for a larger building (59 metres in height) on the same application site, this consent has

113

been implemented and is a material consideration relevant to the determination of this application. Itb was also approved prior to the adoption of the UDP in 2003, the BAAP in 2009 and the London Plan in 2008.

7.9 The design of the proposed building is however significantly different to the consented scheme. Although smaller in terms of bulk and mass the proposed building has taken a different design approach. The lower section of the building is proposed to be made from a silver anodised aluminium while the office enclosure will be constructed form full height high glazing panels. The chosen pallet of material will result in a prominent building since it will be unlike any other building in the immediate vicinity. The prominent appearance of the proposed building will have an impact on the character of the area and this has to be assessed against the relevant development plan policies. In addition the incorporation of the LED screens with advertising will increase the prominence of the building further, especially at night but also in the day time. In addition to occupying a prominent site the proposed building will occupy the vast majority of the site it self. In dismissing the 2006 appeal (planning ref 00505/EY/P9) the inspector stated that the structure would be seen from the residential properties in the Wellesley Road and Thorney Hedge Conservation Areas and that it would appear as a dominant and discordant feature when viewed from the cemetery. Consequently the Inspector considered that the proposed development would result in an adverse impact on the character and appearance of these areas. Although the proposed building is smaller in terms of bulk and mass it is no less prominent due to the unusual design and high level LED advert screens, and the impact of the proposal on the character and appearance of the area (both at street level and over longer views) needs to be carefully considered against the development plan policy. The application site represents a transition from the M4 corridor through to the more residential suburbs of Chiswick and the conservation areas beyond. A previous application for advertisements ( ref 00505/EY/AD6) was refused and dismissed at appeal in May 2009 due to the failure of the proposal to meet the objectives of the development plan policy for improving the visual quality of the area. In dismissing the appeal the Inspector stated the following,

“In this location the presence of such an intrusive feature as the tower and its display units, is, I agree harmful to the amenity of the surroundings and it conflicts with the objective of improving the visual quality of the area, as expressed in the BAAP. The proposed development also conflicts with the aims of policy BAAP4 which notes that new development along the Great West Road should be designed to the highest quality. The proposals also fail to meet the design criteria of UDP policy ENV-B1.1 (A.1), (A.2), (A.3). Also, in so far as policy ENV-B1.4, which concerns advertisements, is a material consideration, the display units, because of their adverse visual impact, do not accord with this policy.”

The design of the proposed building as well as the advertisement panels needs to be carefully assessed against the development plan policy. As with the 2009 appeal should the design of the proposed develop fail to meet the criteria of the BAAP policies in respect of its contribution towards the visual quality of the area they it will not be acceptable.

114

Figure 1 - Section and building height

BAAP policies are specific in terms of design for the Great West Road. This is an important corridor into London, but is also a route through a residential settlement. The proposed building, with advertisements, will be a highly prominent feature on the skyline.

iii) Impact on nearby conservation areas, Gunnersbury Park and Kew Gardens World Heritage Site.

7.10 The impact of the building on the character and appearance of the wider area needs to be carefully considered. The application site is located in close proximity to a number of sensitive areas including Kew Gardens, Gunnersbury Park, Kensington Cemetery, Wellesley Road Conservation Area, Thorney Hedge Road Conservation Area, Strand on the Green Conservation Area, Kew Bridge Conservation Areas and conservation Areas located in the adjoining borough of Richmond Upon Thames. Policy ENV-B.2.2 (Conservation Areas) emphasises the need to protect conservation areas and states that development should preserve or enhance the character of a conservation area. Gunnersbury Park is a particularly sensitive area as it is on the English Heritage Register of Parks and Gardens of Special Historic Interest, and is Grade II* listed. It is also designated as a site of Local Nature Conservation Importance.

7.11 Policy ENV-N 1.15 (Heritage Land Parks of Historic Interest) is concerned with the protection of the quality and character of heritage land. Policy ENV-N 1.16 (Historic Parks and Gardens) states that development will not be permitted if it would adversely affect the site, setting or views into or from Historic Parks and Gardens. PPG15 gives advice on views out of conservation areas and the desirability of preserving these views is a material consideration that must be taken into account in determining

115

planning applications which may impact upon historic areas. The proposed building would be visible from Gunnersbury Park and therefore the impact, which the proposal will have on, the setting of the park and views from the park itself need to be carefully assessed. The nature of the proposed building incorporating the advert screens will make the building appear more prominent especially given that it will be unlike any other building in the vicinity. The prominent nature of the proposed building means it has the potential to have a detrimental impact on the nearby conservation areas and Gunnersbury Park in particular. The proposed building will appear prominent when viewed from Thorney Hedge Conservation Area, Wellesley Road Conservation Area, Kew Bridge Conservation Area, Strand on the Green Conservation Area and Kew Bridge Conservation Area. Any development which has an adverse impact on these sensitive conservation areas in terms of their setting and views from them will not be permitted.

7.12 Policy ENV-B.2.8 (Views and Landmarks) states that the Council will seek to protect views and landmarks from immediate obstruction from high buildings and any development should only be permitted if it does not adversely affect views and landmarks. Kew Gardens has been designated as a world heritage site and although not within Hounslow Borough the impact of the proposed development on Kew Gardens and the views from it is a material consideration relevant to the determination of this application. Should the proposed building result in an adverse impact on the views from Kew Gardens then it will not be permitted due to the resulting harm on the Kew Gardens world heritage site.

iv) Impact on residential amenity

7.13 UDP policy ENV-B.1.1 (New Development) states that new development should “ensure adequate daylight and sunlight reaches properties, and minimise any detrimental impact on adjoining properties, by applying the Council’s adopted standards (see SPG)”. The application site does not direct adjoin any residential properties. However The LED media/advertisement screens have the potential to be detrimental to the residential amenities of neighboring properties some distance away from the site, particularly at nighttime when the screens will be highly visible.

7.14 Policy ENV-P.1.7 (Light Pollution) emphasizes the need to protect properties from excessive light pollution. The LED adverts have the potential to change frequently and would be very prominent outside of day light hours. Although there are no residential properties immediately adjacent to the site the screens are of a significant size and would be visible for a considerable distance. The likely impact that the screens and their potential for significant light pollution in the wider area therefore needs to be assessed against development plan policy. Previous applications have been dismissed at appeal due to the visual impact of the proposed advert structures. The 2006 submission incorporated LED screens (application ref: 00505/EY/P9) this was refused and subsequently dismissed at appeal due to the resulting

116

adverse impact on the residential amenities of properties in the area. In dismissing the appeal the inspector stated the following,

“with regards to the sensitivity of the area, I consider the introduction of these illuminated panels through their clarity and high quality images would increase the perception of light pollution in the vicinity, especially by nearby residents, thus augmenting the effect of the scheme in amenity terms.”

The proposed screens will be at high level and will be prominent for some distance. The impact of the screens on the amenity of residential properties in terms of light pollution therefore needs to be carefully considered. If the screens are considered to produce a significant level of light pollution to the area then this would be contrary to development plan policy and represent a reason for refusal.

v) Display of advert screens and light pollution

7.15 A feature of the proposed building is that it is proposed to be covered in an

LED ‘shroud’ which will form part of the building and function as the main advertisement/media screens. Policy ENV-B 1.4 (Advertisements) is concerned with advertisements and outlines the criteria which advert proposals are assessed by. Any advert would be expected to be of a size, design, scale and degree of illumination, which is compatible with the surrounding area. The policy goes on to state that adverts will not be accepted if it would result in the proliferation of advertisements and signs or if it would adversely affect the visual amenity of the area. Advertisement consent will also be refused if the advert would adversely affect pedestrian safety or the safety and free flow of traffic.

7.16 The site has an extensive planning history and applications for

advertisement consent at this site have consistently been refused and also dismissed at appeal. The proposed adverts are unlike those, which have been proposed in the past and will have to be assessed against the relevant development plan policy. In order to comply with policy the adverts will have to be of a suitable size, design and scale to their surroundings. By way of comparison the adverts panels which were dismissed at appeal in 2006 were 45 metres in height. One of the reasons the Inspector refused the 2006 proposal at appeal was due to the light pollution from the glow of the advertisements. The advertisements proposed as part of this scheme are of a similar luminance and larger area

7.17 The LED media screens will be controlled via a computer, which will enable a wide variety of images and messages to be displayed. This could enable the display of images, which could be frequently changed and controlled remotely. There will be a total of 5 media screens on the building, which are intended principally to display advertisements. There will be 2 main screens on the building which will be located 20 metres above ground level (see figure 2 for screen siting) the size of theses screens will be:

SCREEN A = 472 square metres

117

SCREEN B = 414 square metres respectively (See figure 3).

Figure 2 - Screen siting

Figure 3 - screen size

118

Figure 4 - View of screen B from the A4 looking east

7.18 There will be 3 smaller screens located around the base of the building, which will also display advertisements (See figure 5). The sizes of these screens would be screen C = 62 square metres, screen D = 107 square metres and screen E = 57 square metres. These would front onto the A406 North Circular, A4 Great West Road and the A205 South Circular.

Figure 5 – Siting of lower level Screens

119

Figure 6 - Lower level screens in elevation

vi) Highway Safety of adverts

7.19 The site is located immediately adjacent to the A4 and the elevated section

of the M4 at the junction of the A406, A215 and Chiswick Roundabout therefore the display of advertisements at this site will have highway safety implications due to the opportunity for driver distraction and the high volume of traffic passing the site on a daily basis (at both ground level and at the level of the elevated section of the M4). Advertisement consent has been granted at this site on a temporary basis for small low level hoardings in the past. However the current proposals are unlike any of the previous advertisements due to their size, height, scale and use of LED technology. The impact which the adverts would have on highway safety therefore needs to be carefully assessed in line with Policy ENV-B 1.4 (Advertisements) which states that advertisement consent will be refused if the advert would adversely affect pedestrian safety or the safety and free flow of traffic.

7.20 There are 5 proposed advertisement screens in total, 3 will be located

around the A406, A215 and Chiswick Roundabout at base of the building and will therefore be prominent for uses of the A4. The 2 larger screens will be located approximately 20 metres above ground level and will be angled towards to the M4. Transport for London (TFL) is the responsible authority for the A4 and they have stated that they have no objection in principle to the proposed development subject to a number of conditions concerning the adverts. TFL would require that, a time limit is given/set for the adverts, no moving parts or changing light patterns be used and that there are no sequential adverts. The Highways Agency (HA) is responsible for the M4 and they have objected to the proposed development on the grounds of highways safety. The principal concern of the HA is the large advertisement screens will be a distraction for uses of the M4 on a section which requires a high level of concentration. This section of the M4 has a higher then average accident level and it is considered that the proposed signs will conflict with existing highway information signs, which would potentially lead to a highway safety hazard. LED technology aloows frequently changes images. This causes a distraction to motorists, who are distracted by the

120

changing images. Transport for London object to frequently changing images, as do Highways Agency

vii) Traffic, Parking and Access for the Office

7.21 PPG13 (Transport) stresses the importance of “accessibility” by non-car

modes i.e. public transport, walking and cycling. It also stresses the importance of promoting more sustainable transport choices for people and reducing the need to travel, especially by car.

7.22 All developments must provide parking and servicing facilities in accordance

with the Council’s standards under UDP Policy T.1.4 (Car and cycle parking and servicing facilities for developments) and Appendix 3 (Parking standards). The standards are considered to be the maximum desirable provision. UDP policies seek to reduce the need to travel, reduce reliance on the private car and promote the use of sustainable modes. There are no minimum standards except in relation to disabled parking.

7.23 25 car parking spaces and 35 secure cycle parking spaces are proposed as

part of the application and all of these will be located at surface level. The vehicle access to the site (for parking and servicing) is proposed on the northern side via Larch Drive (in and out). A road island is proposed in Larch Drive to ensure vehicles exiting the car park can only turn left thereby avoiding any conflict with vehicles entering Larch Drive from Great West Road. The pavements around the site are proposed to be upgraded and pedestrian circulation around the site will be improved.

7.24 The proposed building incorporates 20,000 square feet of office floor space,

which has a potential impact on the traffic network. However as noted in the above paragraphs the site benefits from an existing consent for a 200,000 square feet office building and this consent has been implemented. Therefore given that the proposed building is approximate 90 percent (in floor space terms) smaller then the consented scheme it is considered that there will not be an adverse impact on the highway network.

viii) Noise and Air Quality

7.25 The site sits on the A4 and adjacent to the elevated section of the M4 and

thus any development will need to address the potential noise impacts of the location on the proposed uses and occupiers of the new development. PPG 24 (Planning and Noise) introduces the concept of Noise Exposure Categories (NEC’s) ranging from A to D to help local authorities in their consideration of applications for residential development near transport related noise sources. The guidance states that Local Planning Authorities should consider carefully in each case whether proposals for new noise sensitive development would be incompatible with ‘existing activities’, in this case the existing activity being the M4 elevated section.

121

7.26 This issue of exposure to noise is referred to under Policies ENV-B.1.1 (New Development) and ENV-P.1.5 (Noise Pollution). These state amongst other things, that new development and the uses being proposed should respect the local environment and community and should “ensure any noise is minimised at source and provides measures to protect local and neighbourhood amenity; ensure protection from any adverse impact of external noise”. The proposed used is 100% commercial and as such it is likely that appropriate mitigation measures can be incorporated into the design of the building.

ix) Section 106 Contributions required to mitigate the impact of the development

7.27 Unitary Development Plan policy IMP6.1 states that where appropriate the

Council will seek to ensure that a developer enters into a planning obligation to secure planning benefits related to the proposed development. Government Circular 05/2005 provides guidance on the use of planning obligations, which may impose a restriction or requirement, or provide for payment of money from the developer to make acceptable development proposals that might otherwise be unacceptable in planning terms. These obligations may offset shortfalls in the scheme or mitigate the impacts of the development. On 11 March 2008 the Council’s Executive agreed to adopt the Planning Obligations Supplementary Planning Document and, as well, the Air Quality Supplementary Planning Document.

7.28 An analysis of the proposal also needs to examine the nature of the use proposed in accordance with Policy BAAP 1. This would expect all major developments to contribute to the provision of services, facilities and infrastructure within the area in order to deliver the environmental, social, community, education and health capacity needed to respond to pressure generated by the development.

7.29 BAAP states that the Council in negotiating planning obligations from

proposed developments to offset resulting impacts will seek contributions towards the following, where appropriate. Whilst the following list is not exhaustive, the following needs have been identified by service providers and by the local community which are considered to be appropriate to this site:

• Public transport

• Air pollution

• Controlled parking zone (CPZ)

• Environmental improvements 7.30 If approval was to be considered, the main areas listed below are likely to

be included in any legal agreement:

Gunnersbury Park – Payment towards landscaping works in the area immediately adjacent to the Mansion House within Gunnersbury Park

122

Chiswick Roundabout – Payment towards to maintenance improving of the landscaping on Chiswick roundabout.

Public Transport - Payment of a financial contribution to enhance local public transport services.

Travel Plan - Preparation and implementation of a plan to reduce the number of car trips made by employees or other users of the development.

CPZ/Traffic management– A contribution to the creation of a controlled parking zone.

Cycle Lanes – Payment towards the construction and improvement of cycle lanes in the vicinity of the application site.

Pedestrian routes – Payment towards works to the public highway to include improved street lighting, surfacing CCTV, signage, environmental improvements and Contributions to pedestrian crossing improvements.

Construction Training -Participation in a programme to provide employment training places during construction for local people (£2500 per £1m of construction costs).

Job Brokerage and Skills Training- Payment of a financial contribution to facilitate job brokerage and skills training to develop the career path and skills of local people (£2500 per job created).

Air Quality Monitoring - Payment of a financial contribution for air quality monitoring projects.

8.0 EQUAL OPPORTUNITIES IMPLICATIONS

8.1 There are no equal opportunity implications.

123