PLANNING APPLICATIONS COMMITTEE13 December 2012 Item No: 09UPRN APPLICATION NO. DATE VALID 12/P2165 03/08/2012

Address/Site: Spur House, 14 Morden Road, South Wimbledon, London, SW19 3BJ

Ward: Abbey

Proposal: Demolition of existing commercial buildings fronting Milner Road and construction of two residential blocks, one four storey and one three storey containing 16 apartments [8 two bedroom and 8 one bedroom] with access on to Milner Road.

Drawing No’s: 11016 PLA3 001A; 11016 PLA1 101B; 11016 PLA1 102B; 11016 PLA1 103B; 11016 PLA1 104B; 11016 PLA1 105B; 11016 PLA1 200; 11016 PLA1 201A; 11016 PLA1 202B; 11016 PLA1 203B; 11016 PLA1 501; 11016 Proposed Ground floor plan; Design and Access Statement; Access Statement; Travel Plan Statement; Planning Statement; Viability Statement; Outline Sustainability Statement.

Contact Officer: Tony Ryan [020 8545 3114]

RECOMMENDATION GRANT PLANNING PERMISSION subject to a deed of variation of the unilateral undertaking attached to the planning permission granted on appeal under reference 09/p2219 and planning conditions.

CHECKLIST INFORMATION.� S106: Yes, deed of variation to the unilateral undertaking on 09/P2219 � Is an Environmental Statement required: No � Has an Environmental Impact Assessment been submitted: No � Press notice: Yes � Site notice: Yes � Design Review Panel consulted: No � Number of neighbours consulted: 45 � External consultations: Police Crime Prevention Design Advisor, Transport for London; London Underground. � Public Transport Accessibility Level: 6a [TFL Planning Information Database] � Density: 390 habitable rooms per hectare [39 hab. rooms, 0.1 hectares].� Number of jobs created: N/A

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1. INTRODUCTION1.1 This application is brought before Committee for Members’

consideration following a request from Councillor Henry Nelless and to seek authority to enter into a deed of variation to amend the unilateral undertaking attached to the planning permission granted on appeal under reference 09/P2219 and planning conditions.

2. SITE AND SURROUNDINGS2.1 Spur House is located at the junction of Milner Road and Morden Road

in South Wimbledon and currently consists of a six-storey building fronting Morden Road with a single storey commercial building to the rear that faces Milner Road.

2.2 The current planning application only relates to the single storey commercial building at the rear of Spur House [0.1 hectares] that fronts Milner Road. The larger site including the application site and land fronting Morden Road covers 0.17 hectares. The application site is in an area at risk from flooding [flood zone 2] and in a Controlled Parking Zone [zone S1]. The site is not within an Archaeological Priority Area; not located within a conservation area and there are no protected trees on site. Whilst the site is not located in a town centre it has a very good Public Transportation Accessibility Level (PTAL) of 6a.

2.3 In Milner Road the eastern side boundary of the application site adjoins the blank flank wall of the two storey semi-detached house at 7 Milner Road. On the northern side of Milner Road opposite the application site is a surface level car park, with two and three storey buildings beyond the car park [including the vacant Grove Public House] fronting onto Kingston Road. A traffic barrier in Milner Road prevents access along Milner Road in a westerly direction, past a point in line with the rear boundary of the application site. A three-storey building occupied by Barclays bank is located adjacent to Spur House in Morden Road. A service road adjacent to the bank provides access to a rear car parking area and a row of four 2-storey terrace houses [24A to 22 Morden Road] that also adjoin the rear boundary of the application site.

2.4 Following an appeal made against a planning enforcement notice, a Planning Inspector granted conditional planning permission in October 2012 for the continued use of the ground floor of Spur House as a place of worship. In addition to the floor space in Milner Road within the application site boundary, this planning permission, for use as a place of worship, included the floor space at ground floor level fronting Morden Road. All of this space was previously in use as a retail furniture shop. The upper floors of the existing six-storey building fronting Morden Road are in mixed commercial and residential use.

2.5 To the north of Spur House at the junction of Morden Road (A219) with Kingston Road (A238) is the Grade II Listed South Wimbledon Underground Station. The 'Northern Line' underground rail line serving South Wimbledon Station runs underneath the application site. The

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underground station building is three and four storeys in height and is surrounded by various retail (Class A1), food (Class A3) and drink (Class A5) uses in buildings up to 3 storeys in height.

2.6 The main traffic route in this area is the strategic A24 red route which runs from Morden Town Centre in a northerly direction along Morden Road to the road junction 210 metres to the south of the application site. At this junction the A24 turns eastwards off Morden Road onto Merantum Way towards central London and Colliers Wood. The other arterial route in the area is Kingston Road/Merton High Street (A238) that runs 70 metres to the north of the application site. The application site is located off these main traffic routes on a section of Morden Road that forms part of the A219.

2.7 The Morden Road and Kingston Road / Merton High Street junction is annotated as J23T within the Unitary Development Plan. The UDP Schedule of Transport Proposals states that J23T seeks “Improvements at junctions to reduce accidents improve facilities for pedestrians and cyclists and reduce congestion for public transport”.

3 CURRENT PROPOSAL 3.1 The application building at Spur House currently consists of a six-

storey building fronting Morden Road and a single storey building at the rear fronting Milner Road. The current application [LB Merton reference 12/p2165] relates to the reconfiguration of the building at the rear of the site with minor changes to the height and footprint of the building the conversion of the ground floor retail and service area to provide additional residential units.

3.2 In this part of the site the approved development provides 7 flats [one 1 bedroom 2 person flat, two 2 bedroom 4 person flats and four 3 bedroom 6 person flats] and the current proposal will increase this to 16 flats [eight 1 bedroom - 2 person flats, one 2 bedroom - 3 person flats, and seven 2 bedroom - 4 person flats].

3.3 An appeal decision letter dated 11 May 2010 granted planning permission [LB Merton reference 09/P2219] for the redevelopment of the whole of the Spur House site. The proposal was for the extension and refurbishment of the existing buildings to provide a nine-storey building fronting Morden Road [currently six storeys high] and a three-storey building fronting Milner Road. The ground floor of both buildings would provide a retail unit (986 square metres) with an internal retail service area accessed from Milner Road. The upper floors of both buildings would provide residential accommodation including a total of 46 private flats (21 one bedroom, 20 two bedroom and 5 three bedroom). This extant planning permission has not been implemented and expires in May 2013.

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3.4 The table below sets out a comparison of the two proposals.

Table 1:Comparison between approved development and current proposal in terms of the rear section of the site fronting Milner Road

1 bedroom – 2 person

2 bedroom – 3 person

2 bedroom – 4 person

3 bedroom – 6 person

Floor

appr

oved

prop

osed

appr

oved

prop

osed

appr

oved

prop

osed

appr

oved

prop

osed

Ground 0 2[4] 0 1[3] 0 2[8] 0 0

First 1[2] 3[6] 0 0 2[8] 2[8] 4[24] 0

Second 0 1[2] 0 0 0 3[12] 0 0

Third 0 2[4] 0 0 0 0 0 0

Tota

ls[n

umbe

r of b

ed s

pace

s in

bra

cket

s]

Approved 1[2] 0 2[8] 4[24] 7[34]Proposed 8[16] 1[3] 7[28] 0 16[47]

3.5 In total, the approved development provides a total of 46 private flats [21 one bedroom, 20 two bedroom and 5 three bedroom units] and this would increase to a total of 55 private flats as a result of the current proposal. The extant planning permission for the main multi storey Spur House building outside the current application site allows provision of 39 units [20 one bedroom, 18 two bedroom and 1 three bedroom unit] with the new rear building that is the subject of this application providing 16 units [eight 1 bedroom, one 2 bedroom flat and seven 2 bedroom flats]. The current planning application would provide nine additional residential units and thirteen additional bed spaces with the removal of the originally proposed three bedroom units and a greater number of smaller flat sizes.

3.6 The current proposal is arranged in two blocks that run parallel to Milner Road with the two buildings designed with a flat roof. The space between the blocks provides shared communal amenity space, cycle storage and pedestrian access to the building at the rear of the site. The block fronting Milner Road will be three storeys high adjacent to 7 Milner Road and the same height as the roof ridge of this adjacent property. This block fronting Milner Road will then step up to four storeys when the building is closer towards Morden Road. The ground floor residential units in this block have external amenity space between the building and the pavement in Milner Road and the two units at third floor level are provided with roof terraces.

3.7 The block at the rear of the site will be three storeys high and is set back away from the rear site boundary, with the space between the

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building and the boundary providing amenity space for the ground floor residential units. This rear building will face the side elevation of the adjacent two storey buildings at 24A to 22 Morden Road [located behind Barclays Bank] and the adjacent car parking area accessed from Morden Road.

3.8 The following table provides information on the 16 residential units the subject of the current application.

Table 2: Bedroom spaces, internal areas, habitable rooms and external amenity space in square metres.

Uni

t

Type

Bed

spac

es

Gro

ssIn

tern

alA

rea

Lond

onPl

anS

tand

ard

Hab

itabl

e R

oom

s

Ext

erna

lam

enity

Spa

ce

Ground Floor [NB: 319 sq. m. of separate communal amenity space]1 2 bedroom 4 72 70 3 242 2 bedroom 4 72 70 3 223 1 bedroom 2 51 50 2 254 1 bedroom 2 51 50 2 205 2 bedroom 3 62 61 3 29

First Floor 6 2 bedroom 4 76 70 3 87 2 bedroom 4 76 70 3 88 1 bedroom 2 54 50 2 59 1 bedroom 2 51 50 2 5

10 1 bedroom 2 51 50 2 5Second Floor

11 2 bedroom 4 76 70 3 012 2 bedroom 4 76 70 3 013 1 bedroom 2 54 50 2 014 2 bedroom 4 76 70 2 21

Third Floor 15 1 bedroom 2 51 50 2 2016 1 bedroom 2 51 50 2 47

Total 24 bedrooms 47 - - 39 239

3.9 The existing planning permission consists of two distinct buildings. The current proposed development relating to the building fronting Milner Road is able to integrate with the existing higher multi storey building fronting Morden Road or the altered and extended building that forms part of the consented scheme.

4. PLANNING HISTORY.4.1 In September 2008 planning permission [LB Merton Ref 08/P1762] was

approved under delegated authority for the change of use of ground floor from car showroom and workshop (sui generis) to retail shop

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(class A1). This planning permission that allowed a furniture shop to operate from the unit was for a temporary period up until 23 September 2011.

4.2 In November 2009 the Planning Applications Committee resolved to refuse planning permission [LB Merton Ref 09/P2219] for the extension and refurbishment of Spur House to provide a building ranging from one to nine storeys in height providing 46 private flats (21 one bedroom, 20 two bedroom and 5 three bedroom) on the upper floors with external amenity area at first floor level and a retail shop unit (986 square metres) at ground floor level including an internal service area, electricity substation and cash point machines on the Milner Road elevation.

4.3 Planning permission was refused for the following reasons:

“The proposed development, by reason of its size, bulk and scale, would be unduly dominant and visually prominent and would fail to either respect the height and massing of surrounding buildings, or enhance the character of the area, detracting from visual amenities of the locality and the surrounding street scenes. The proposal would therefore be contrary to Policies BE.22 and BE.23 of the Adopted Unitary Development Plan (October 2003)”.

4.4 Following an appeal to the Secretary of State an appeal decision letter dated 11 May 2010 overturned the decision of the Council to refuse planning permission and granted planning permission for the redevelopment of Spur House.

4.5 In March 2010 the Planning Applications Committee resolved to grant planning permission [LB Merton Ref 10/P0049] subject to a section 106 agreement for the extension and refurbishment of Spur House to provide a building ranging from one to eight storeys in height providing 49 private flats (29 one bedroom and 20 two bedroom) on the upper floors with external amenity area at first floor level and a retail shop unit (986 square metres) at ground floor level including an internal service area, electricity substation and cash point machines on the Milner Road elevation. The developer chose not to proceed with the S106 in relation to this development and the application was withdrawn in January 2011. This proposal included a reduction in building height from 9 storeys to 8 storeys but an additional three residential properties.

4.6 In May 2011, retrospective planning permission was refused [LB Merton Ref 11/P0798] for the change of use of the ground floor of Spur House from retail (class A1) to a church (class D1) with ancillary study rooms and offices. Planning permission was refused for the following reasons:

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“The proposed development has the potential to harm neighbour amenity by reason of noise disturbance to nearby residential occupiers and the applicant has failed to demonstrate that the building can successfully accommodate adequate noise mitigation measures. The development is therefore considered to be contrary to policies BE15 and PE2 of the Adopted Unitary Development Plan 2003”.

“The proposed development would increase the demand for on-street parking in the area and the applicant has failed to demonstrate that additional vehicles, likely to be generated by the development, can be accommodated on the road network without compromising highway safety and efficiency contrary to Policies S.9 (Vehicle Related Development) and PK.3 (Car Parking and Development) of the Adopted Merton Unitary Development Plan (October 2003)”.

4.7 The Council issued a planning enforcement notice in November 2011 that required the use of the ground floor of Spur House as a place of worship to cease. In October 2012, a Planning Inspector quashed the enforcement notice and granted conditional planning permission for the use of the ground floor as a place of worship.

4.8 In terms of the impact on parking the Inspector noted the high public transport accessibility level and that a survey of those using the Church found that 40% travelled by public transport or on foot. Acknowledging the presence of the nearby car park on Milner Road, the Inspector found no evidence of a significant parking problem in the area or that the church had resulted in difficulties for local residents who use local roads.

5. CONSULTATION 5.1 The planning application was publicised by means of a site notice, a

press notice and individual consultation letters sent to 45 neighbouring properties. Local ward councillors sent out further notification letters to residents.

5.2 As a result of this consultation, six letters have been received objecting to the development on the following grounds: � Morden Road Kingston Road junction is an “accident black spot”; � Retail unit will lead to increased congestion; � Residential units will lead to increased pressure on existing local

on street parking demand that have an existing high on street parking demand;

� Development will lead to increased traffic in this area; � Is it legal to ban new occupiers from obtaining on street parking

permits and has this been confirmed? � The increase in the building height will lead to a loss of privacy,

daylight and sunlight; � There is no demand for a commercial unit in this area;

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� The development may have a detrimental impact on the character of the area and the period features of neighbouring properties

� Local services and roads are already over stretched

5.3 As a result of this consultation fifteen individual letters and a petition of 41 signatures have been received supporting the current planning application for the following reasons: � The proposal will remove an ‘exceptionally ugly and dilapidated

building’;� The local area is in ‘dire need of a facelift’ and the redevelopment

of Spur House will help achieve this; � The development will attract more of the type of people that will

have a positive influence in the area; � The proposal will remove the existing disused commercial building

which is an eyesore; � The previously proposed 9,000 square feet of retail space would

have had an impact on the area in terms of deliveries noise and traffic;

� There is a need for additional residential units; � The development is in keeping with the residential nature of the

local area; � The development of this site will reduce the crime in this area; � The design of the building is considered in keeping with the local

area;� The conversion to residential is supported as there are already too

many commercial premises in the area; � The proposed building are entirely sympathetic with the character

of Milner Road;� The revised proposal involves the removal of the internal service

area;� The current proposal introduces more landscaping and cycle

parking;� The current proposal removes the existing building with an apex

roof;� The current proposal will introduce front gardens in Milner Road to

match adjacent existing properties; � The current proposal involves the removal of unsightly aerials; � The proposal will deal with ground contamination; � The proposal uses external materials to match adjacent existing

development.� The proposal is seen as a positive move for the area.

5.4 Transport Planning The site has a PTAL rating of 6a and can be considered to have an excellent level of access to public transport facilities. The site is located within 80 metres of South Wimbledon Underground Station. In addition, there are approximately 10 bus routes running within walking distance of the site. The site also benefits from good access to local shops / facilities. It is considered that from a transport planning perspective the development is in accordance with

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the objectives of transport policy CS18 – 20 in the Core Strategy, the London Plan and local transport policies that seek to promote developments that minimise the need to travel by car, and help promote sustainable travel choices.

5.5 Planning conditions are recommended in relation to reinstating redundant crossovers; submission of details of cycle parking; the submission of a delivery and servicing plan, submission of a construction logistics plan a restriction to prevent garage doors and gates from obstructing the pavement and an informative relating to works affecting the public highway.

5.6 Environmental Health If this development is recommended for approval planning conditions should be attached to the planning permission relating to protection from vibration, hours of construction, and measures to deal with potential ground contamination.

5.7 Housing Strategy There is a current planning permission for Spur House, which includes a review mechanism for the ability of the scheme to viably include affordable housing to be reassessed during the development process. The applicant has produced a viability toolkit seeking to demonstrate that the provision of affordable housing within the scheme is not currently viable. This has been independently assessed.

5.8 If the committee approves planning permission, Housing Strategy would be content for the S106 agreement to include provision for a review mechanism, so that affordable housing can be provided if this is assessed to be viable during the development process.

The development should provide for lifetime homes and 10% wheelchair accessible or easily adaptable units. Affordable housing should meet Code for Sustainable Homes Level 4 and the Homes and Communities Agency Design and Quality Standards.

5.10 Metropolitan Police Merton Crime Prevention Design Advisor. Secured by Design should be considered as a minimum standard for security within this development. The gates to the undercroft should be of a height that would prevent persons being able to clime over. The stairway lobby accessed from the undercroft is in a secluded location and should be overlooked. The entrance doors from the rear of the ground floor of the multi storey building fronting Morden Road should be for emergencies only. The front boundary on to Milner Road should be a maximum of one metre and the rear garden boundaries a minimum of 1.8 metres. The terraced areas on the upper floor levels should have a high barrier to prevent persons falling off.

5.11 Environment Agency. The Environment Agency do not wish to comment on the submitted proposal located in flood risk zone 2 stating

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that it should be assessed by the local planning authority against standing advice published by the Environment Agency.

5.12 Transport for London. With responsibility for ensuring that new development does not have any significant impact on the Strategic Road Network [of which the A219 Morden Road forms part] the proposed level of cycle parking [which is in line with TFL parking standards] and the absence of any off street parking as part of the development are both welcomed. It is considered that the demand from the development can be accommodated on the road network and local public transport network and as a result there is no objection to the development.

5.13 London Underground. With an underground line running under the application site the developer is currently in discussions with London Underground engineers and on the understanding that this dialogue continues there are no comments to make on the current planning application.

6. POLICY CONTEXTThe London Plan [July 2011].

6.1 The relevant policies in the London Plan [July 2011] are 2.13 [Opportunity areas and intensification areas]; 3.3 [Increasing housing supply]; 3.4 [Optimising housing potential]; 3.5 [Quality and design of housing developments; 3.6 [Children and young people’s play and informal recreation facilities]; 3.8 [Housing choice]; 3.9 [Mixed and balanced communities]; 3.11 [Affordable housing targets]; 5.1 [Climate change mitigation]; 5.2 [Minimising carbon dioxide emissions]; 5.3 [Sustainable design and construction]: 5.7 [Renewable energy]; 5.10 [Urban greening]; 5.13 [Sustainable drainage]; 6.3 [Assessing effects of development on transport capacity]; 6.9 [Cycling]; 6.10 [Walking]; 6.11 [Smoothing traffic flow and tacking congestion]; 6.12 [Road network capacity]; 6.13 [Parking]; 7.2 [An inclusive environment]; 7.3 [Designing out crime]; 7.4 [Local character]; 7.5 [Public realm]; 7.6 [Architecture]; 7.14 [Improving air quality]; 7.15 [Reducing noise and enhancing soundscapes]; and 8.2 [Planning obligations].

Policies retained in Adopted Unitary Development Plan [2003]6.2 The relevant planning policies retained in the Adopted Unitary

Development Plan [October 2003] are BE.15 [New buildings and extensions; daylight; sunlight; privacy; visual intrusion and noise]; BE16 [Urban design]; BE.21 [Important local views, panoramas and prospects]; BE22 [Design of new development]; BE25 [Sustainable development]; C1 [Location and access of facilities]; C13 [Planning obligations for educational facilities]; E2 [Access for disabled people]; F2 [Planning obligations]; HS1 [Housing layout and amenity]; L9 [Children’s play facilities]; PE7 [Capacity of water systems]; PE.9 [Waste minimisation and waste disposal]; PE.11 [Recycling points]; PE.12 [Energy generation and energy saving]; RN3 [Vehicular access]; and Schedule 6: [Parking standards].

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Merton Supplementary Planning Guidance6.3 The key supplementary planning guidance relevant to the proposals

includes New Residential Development [1999], Design [2004] and Planning Obligations [2006].

Policies within the Adopted Core Strategy [July 2011]6.4 The relevant policies within the Council’s Adopted Core Strategy [July

2011] are CS.7 [Centres] CS.8 [Housing choice]; CS.9 [Housing provision]; CS.13 [Open space; nature conservation; leisure and culture]; CS.14 [Design]; CS.15 [Climate change]; CS.18 [Active transport]; CS.19 [Public transport]; and CS.20 [Parking; servicing and delivery].

National Planning Framework [March 2012]6.5 The National Planning Policy Framework [NPPF] was published on the

27 March 2012 and replaces previous guidance contained in Planning Policy Guidance Notes and Planning Policy Statements. This document is a key part of central government reforms ‘…to make the planning system less complex and more accessible, and to promote sustainable growth’.

6.6 The NPPF supports the plan led system stating that development that accords with an up to date plan should be approved and proposed development that conflicts should be refused. The framework also states that the primary objective of development management should be to foster the delivery of sustainable development, and not to hinder or prevent development.

6.7 To enable each local authority to proactively fulfil their planning role, and to actively promote sustainable development, the framework advises that local planning authorities need to approach development management decisions positively. Local planning authorities looking for solutions rather than problems so that applications can be approved wherever it is practical to do so. The framework attaches significant weight to the benefits of economic and housing growth, the need to influence development proposals to achieve quality outcomes; and enable the delivery of sustainable development proposals.

7. PLANNING CONSIDERATIONS7.1 The main planning considerations include assessing the principle of the

development in terms of housing need, the impact of the development including in terms of design, scale and layout, the standard of the proposed residential accommodation; and the impact on residential amenity; access, traffic and parking.

7.2 Policy CS1 within the LDF Core Strategy [2011] states that the Council will support development in the South Wimbledon area that helps improve the quality of local housing and improves traffic flow. The Council will support improvements to the transport infrastructure that

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will help to reduce road congestion and improve the public realm, particularly for pedestrians and cyclists.

Principle of the proposed development 7.3 The use of the ground floor of both the front and rear sections of the

application site for retail purposes with residential accommodation on the upper floors has already been endorsed by planning permission ref 09/P2219. The key issues are therefore considered to be whether a proposal, removing the retail use from the Milner Road frontage as part of the comprehensive redevelopment of the Spur House site would undermine the success of this mixed-use development and whether the proposed residential use is acceptable in this location.

Loss of the existing use7.4 As set out in the planning history section of this report, the whole of the

ground floor of Spur House [925 square metres] has a lawful use as a place of worship. The ground floor can also be used for retail purposes by implementing the existing planning permission approved in May 2010 [LB Merton Ref 09/P2219]. This planning permission will provide an additional 61 square metres of retail floor space [total of 986 square metres] including the rear internal servicing area.

7.5 The current planning application involves the use of floor space at ground floor level to the rear of the Spur House site as residential accommodation. This application if implemented would retain 341 square metres of non-residential floor space [place of worship or retail use] at the front of the site facing Morden Road.

7.6 The application site is located at junction of Milner Road and Morden Road. Morden Road is of mixed character both in terms of uses that include commercial and residential buildings and in terms of the sizes of buildings, Milner Road is of more uniform character with two storey houses with pitched roofs. It is considered that in principle the proposed development providing a purely residential building in Milner Road and retaining the non residential use fronting Morden Road is acceptable subject to other planning considerations.

7.7 In conclusion it is considered that the principle of a residential development on this land is in line with the objectives of the Core Strategy; the London Plan and UDP policies and it is considered acceptable subject to compliance with other planning policy objectives.

Provision of residential accommodation7.8 Policy CS. 9 within the Council’s Adopted Core Strategy [July 2011]

states that the Council will support the provision of well-designed housing located to create socially mixed and sustainable neighbourhoods. The Council will work with housing providers to provide a minimum of 4,800 additional homes between 2011 and 2026, including 500 to 600 homes in the Colliers Wood and South Wimbledon sub area where the proposal site is located. The proposed

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development would provide a total of sixteen new residential units and nine additional units to those provided in the existing planning permission. The development will help meet the Council’s housing targets in line with policy CS 9 of the Council’s Adopted Core Strategy [2011].

7.9 This site is located adjacent to other existing residential properties in Milner Road and has good access to public transport and local facilities. The provision of residential development on this site is therefore considered acceptable in principle subject to the other considerations set out in this report.

Design, density, scale, layout and ‘Area of Intensification’.Area of Intensification

7.10 Policy 2.13 of the London Plan designates the Colliers Wood and South Wimbledon area as a ‘broad location’ for an ‘Area of Intensification’ although there are no defined geographical boundaries for this designation. The policy states that development should seek to optimise residential and non-residential output and densities, provide necessary infrastructure to promote growth and to support wider regeneration.

7.11 The Council’s adopted Core Strategy states that the Council will work with key deliverers and stakeholders in the preparation and adoption of a master plan to define the boundary for the Colliers Wood and South Wimbledon ‘Area of Intensification’.

7.12 Whilst the boundaries of the ‘Area of Intensification’ are not currently defined it is considered that the current proposal that includes the removal of a single storey building and construction of a replacement part three part four storey residential building and will facilitate public realm improvements is in line with the aims of policy 2.13 of the London Plan. The existing planning permission establishes the principle of a more intensive development on this site and the loss of the retail use at the rear of the site and provision of nine additional flats is considered in line with policy 2.13 of the London Plan

Density7.13 As advised within the London Plan, subject to other considerations;

higher density development should be focused on areas with good transport accessibility, with lower density development generally considered more appropriate for family housing. In urban locations, with a Public Transport Accessibility Level of between 4 and 6, consisting of buildings, typically two to four storeys in height, and a mix of uses along an arterial route the London Plan states that the density of development should be in a range of 200 to 700 habitable rooms per hectare.

7.14 With a Public Transport Accessibility Level rating of 6a [one below the highest accessibility rating of 6b] and a density of 390 habitable rooms

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per hectare [0.1 hectares and 39 habitable rooms] the density of development is within the density range in the London Plan.

7.15 In conclusion the density of the development is considered acceptable subject to other considerations set out in this report such as design, standard of accommodation, impact on residential amenity and impact on traffic and parking

Design and Scale7.16 Policy CS8 within the LDF Core Strategy [2011] states that the Council

will require redevelopment proposals to be well designed. Policy CS14 within the Council’s Adopted Core Strategy [2011] states that development should respect, reinforce and enhance local character and contribute to Merton's sense of place and identity. This will be achieved in various ways including by promoting high quality design and providing functional spaces and buildings.

7.17 Policies BE.16 and BE.22 of the adopted Unitary Development Plan [October 2003] require proposals for development to complement the character and appearance of the wider setting with consideration of density, scale, design and materials in relation to the setting. The proposed development will remove an existing single storey building originally providing a car showroom that is a mix of styles and materials and is considered to have little architectural merit.

7.18 The existing planning permission provides a building fronting Milner Road that is 8.5 metres high adjacent to 7 Milner Road [roof ridge height of 9 metres] and after a distance of 10 metres the building increases in height to 11 metres. The proposed building with a height of 8.5 metres on the boundary will then rise to 9 metres after 5 metres and then after a further 5 metres rise to 11 metres high. The proposed building will be the same general height as that previously proposed and considered acceptable by a planning inspector.

7.19 As part of the approved development, the building at the rear of the site is 11 metres high that includes a 4 metre high ground floor storey designed to accommodate large delivery vehicles and a sloping roof over a single storey building adjacent to the boundary with 7 Milner Road. The approved development including the removal of the ground floor service area will reduce the height of this three-storey building to 8.5 metres high. A single storey 3 metre high building 8 metre wide building will separate the higher three storey building from the boundary with 7 Milner Road.

7.20 It is considered that the scale of the proposed development will relate to adjacent development, with the height of the proposed building providing a transition between the two storey houses in Milner Road and the taller building outside the application site fronting Morden Road.

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7.21 The proposed Milner Road elevation will be constructed of London stock brickwork with a hardwood and glazed main entrance door, hardwood gates to the entrance to accommodation at the rear of the site, aluminium framed windows and a zinc standing seam cladding roof at fourth floor level.

7.22 Whilst there is uniformity in the design and appearance of the brick built residential properties in Milner Road, the application site is located at the junction with Morden Road. There is some variety in the design and appearance of development in Morden Road including the multi storey part of Spur House located outside the current application site.

7.23 In this location, the contemporary appearance of the proposed building is considered acceptable. The proposed building has a design, rhythm and scale that reflect the adjacent houses in Milner Road, with the use of London stock bricks as a facing material. The proposed development will also remove the original commercial floorspace in Milner Road that is currently in use as a place of worship and replace it with residential accommodation that is considered more compatible with adjacent residential properties.

7.24 In conclusion it is considered that the proposed development will respect local character and complement the character and appearance of the area. The layout and alignment of the development is considered to make good use of the site, with a layout incompatible with the character and appearance of the surrounding area in line with the policy requirements in UDP policies BE.16 and BE.22 and policies CS.8 and CS.14 within the Council’s Adopted Core Strategy [2011].

Impact on residential amenity7.25 This section of the report will compare the development current

proposed with the redevelopment of the whole site that has the benefit of planning permission after being considered acceptable by the planning appeal inspector.

7.26 Policy HS.1 of the adopted Unitary Development Plan [October 2003] states that all proposals for residential development should safeguard the residential amenities of occupiers of nearby properties in terms of maintaining adequate daylight and sunlight and the protection of privacy. Policy BE15 of the Unitary Development Plan states that new buildings will be expected to maintain sunlight and daylight levels to adjoining buildings and gardens; ensure the privacy of neighbours; protect from visual intrusion and not result in harm to living conditions through noise or disturbance.

7.27 In order to protect privacy and avoid overlooking the Council’s Supplementary Planning Guidance on Residential Development sets out a minimum recommended separation distance of 20 metres between directly facing habitable room windows on upper floor levels. The residential property at 7 Milner Road is adjacent to the western

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boundary of the site and the property at 22 Morden Road adjacent to the southern boundary.

Two storey residential property at 22 Morden Road7.28 The flank elevation of the two storey residential property at 22 Morden

Road that has a pitched roof is adjacent to the rear boundary of the application site. This property has windows in the front elevation that face along the rear boundary of the application site.

7.29 The existing planning permission [09/P2219] involves increasing the height of the existing brick boundary wall in this location by a metre to 5.3 metres with a 1.1 metre high glass balustrade above. The proposed three-storey building in this location was 11.4 metres high which is 2.5 metres higher then the roof ridge of the property at 22 Morden Road.

7.30 The current proposal will reduce the height of the boundary wall from 4.3 metres to 2 metres and reduce the height of the proposed building in this location at the rear of the site to 8.5 metres; the same height as the roof ridge of the adjacent property at 22 Morden Road. The building currently proposed will be in the same position as the approved building, with a separation distance of 6 metres between the ground and first floor of the building and the flank wall of 22 Morden Road and due to a set back a separation distance of 7.5 metres at second floor level. It is considered that due to these separation distances, and the orientation of the buildings the proposed development will not result in any loss of daylight, sunlight or visual intrusion to the occupiers of adjacent properties in this location.

7.31 The rear elevation of the proposed new building will introduce windows at first and second floor levels that overlook the open car park and amenity area at the front of 22 Morden Road. It is considered that due to the orientation of the two buildings, the set back from the boundary and the presence of windows on adjacent properties, the proposed windows in this location will not result in any significant overlooking or loss of privacy. The proposed development includes an external terrace at second floor level attached to flat 14, in order to ensure that the use of this terrace does not give rise to a loss of amenity, a planning condition is recommended seeking the submission of details of screening to this terrace and installation of this screening.

Two storey residential property at 7 Milner Road7.32 The proposed part three, part four storey building fronting Morden

Road is adjacent to the flank elevation of the two storey residential property at 7 Milner Road, with this new building extending a metre beyond the rear elevation of this existing property. The proposed rear building at the rear of the site will be single storey in height adjacent to the boundary with 7 Milner Road; with the three storey part of the building located 8 metres away from the boundary.

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7.33 With these building heights, the location of buildings and separation distances it is not considered that the proposed development will have any significant impact on the amenities of adjacent occupiers. In addition the current development will reduce the bulk and scale of the development that forms part of the extant planning permission.

7.34 In conclusion, it is considered that the development will not have a detrimental impact on the provision of daylight and sunlight to adjacent residential properties and their rear gardens and will maintain the privacy to adjacent properties and their rear gardens. The proposal is considered in line with the objectives of UDP policies BE.15 and HS.1 and Supplementary Planning Guidance on Residential Development.

Standard of the proposed new accommodation.7.35 Policies CS 8, CS9 and CS14 within the Council’s Adopted Core

Strategy [2011] states that the Council will require proposals for new homes to be well designed. Policy HS.1 of the adopted Unitary Development Plan [2003] states that all proposals for residential development should safeguard the residential amenities of future occupiers in terms of providing adequate internal space, a safe layout and access for all users; and provision of adequate amenity space to serve the needs of occupants.

Internal layout and room sizes7.36 Policy 3.5 of the London Plan [July 2011] states that housing

developments should be of the highest quality internally and externally. Boroughs should also ensure that new development reflects the minimum internal space standards as set out in table 3.3 of the London Plan. The standards are expressed in terms of gross internal area and supersede the individual room size standards provided within the Council’s Supplementary Planning Guidance – “New Residential Development” [1999]. Supplementary draft advice on internal layout is provided within the London Housing Design Guide [interim edition].

7.37 The table provided earlier in this report sets out the gross internal areas for all of the 16 residential units that are currently proposed. The proposed units are considered to have an appropriate internal layout with gross internal areas that are in accordance with the minimum standards set out in the London Plan.

7.38 The development consists of two blocks running parallel with Milner Road that are separated by an internal courtyard, the block closest to Milner Road will be part three part four storeys high with the block to the rear three storeys high.

Amenity space7.39 Retained Unitary Development Plan policy HS.1 requires that all

proposals for residential development provide adequate private amenity space to meet the needs of future occupiers. The residential development would be expected to comply with the amenity space

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standards provided within the Council’s Supplementary Planning Guidance – “New Residential Development” (1999). These standards state that flats should have a minimum private external amenity area of 10 square metres per habitable room. Where it is not possible to provide private external space, a larger area of communal space should be provided. In line with this adopted guidance a financial contribution towards the maintenance of local children’s play space provision would also be sought.

7.40 The extant planning permission provides seven residential units within the rear building [1 one bedroom, 2 two bedroom and 4 three bedroom] and annotated on the approved plans as duplex 1 to duplex 6 and flat 7. With this rear building providing 24 habitable rooms a total of 240 square metres of external amenity space was required for these 7 residential units. Whilst there was an amenity space shortfall on the front part of the site that is reflected in the unilateral undertaking that was submitted, sufficient amenity space [264 square metres] was provided as part of the extant proposal for these rear units.

7.41 The current application provides 16 units [8 one bedroom and 8 two bedroom] that are annotated as flats 1 to 16 on the submitted plans. The current application provides 484 square metres of external space for these units, which is in excess of the minimum requirement of 400 square metres for 40 habitable rooms. This amenity space is in the form of private gardens and roof terraces.

Lifetime Homes and wheelchair accessible standards.7.42 Policies in the London Plan and Core Strategy require all new

residential properties to be built to Lifetime Home Standards. A planning condition is recommended seeking confirmation that the development meets lifetime home standards.

7.43 In conclusion the proposed development in terms of general layout and size and private external amenity space provision provides an acceptable standard of residential accommodation in line with relevant guidance. The development is considered in line with policy CS 20 of the adopted Core Strategy; UDP policy HS.1 of the Unitary Development Plan, Supplementary Planning Guidance – “New Residential Development” [1999] and the London Plan.

Traffic, parking, cycling, access and servicing This section of the report will compare the development current proposed in terms of traffic impact with the redevelopment of the whole site that has the benefit of planning permission after being considered acceptable by the planning appeal inspector. Car parking

7.44 The development site is located adjacent to the junction of Morden Road, a strategic route, and Milner Road, a local access road. A vehicle barrier in Milner Road prevents through vehicular traffic whilst allowing access for emergency vehicles, pedestrians and cyclists. The

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site benefits from excellent access to public transport and to local facilities. The site is located in Controlled Parking Zone S1, which has operational parking restrictions between Monday to Friday, 08:30 and 18:30. There is also a public ‘pay & display’ car park for approximately 20 vehicles to the north of the site accessed from Milner Road.

7.45 Policy CS20 of the Core Strategy [July 2011] states car parking should be provided in accordance with current parking standards in the London Plan, whilst assessing the impact of any additional on street parking on vehicle movements and road safety. Policy 6.13 of the London Plan [July 2011] states that a maximum of two car parking spaces per residential unit should be provided. Car parking standards are set at maximum levels rather then minimum levels with the aim of discouraging the use of the private car.

7.46 Evidence has shown that as access to public transport increases there is a corresponding reduction in the use of private vehicles. In response to this evidence and to avoid over-provision, the London Plan states that car parking provision for new development should reduce as accessibility to public transport increases.

7.47 The extant planning permission for the redevelopment of Spur House provides a total of 46 flats [21 one bedroom, 20 two bedroom and 5 three bedroom units] without the provision of any off street car parking. The current proposal does not provide any off street parking and would provide an additional 9 flats [total of 55 flats] or thirteen additional bed spaces also without off street car parking. This revised proposal also involves the removal of the originally proposed three bedroom units and an increase in smaller flat sizes.

7.48 The application site is located at the junction of Milner Road and Morden Road has a high Public Transportation Accessibility Level (PTAL) of 6a [where 1a represents the least accessible areas and 6b the most accessible]; the application site is also located within a controlled parking zone. In this location with very good access to public transport and with a restriction preventing future occupiers from obtaining on street controlled parking zone parking permits it is considered that the absence of any off street parking as part of this development is acceptable. It is recommended as part of a deed of variation that the restriction on future residents from obtaining parking permits be adjusted to cover the 16 units proposed as part of the current planning application.

7.49 As part of the current planning application the applicant conducted a local parking survey. This included counts carried out between 0030hrs and 0530 hrs; 0700hrs and 0800hrs and between 1800hrs and 2100hrs on Wednesday 8th and Thursday 9th February 2012. The survey found a peak parking level of 64% within permit holder and pay and display parking bays. The survey concludes that, whilst the applicant is not seeking permission for future residents to obtain on street parking

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permits, the survey found ‘…considerable capacity for additional cars to park within 200 metres of the site, even at periods of maximum demand.

7.50 The Council has aspirations to improve the operation of the highway and road junctions close to the application site. In order to facilitate this work the dedication of land on Morden Road as highway was included as part of the earlier s106 agreement. Planning obligations were also sought from the developer to provide a financial contribution towards initiatives promoting sustainable transport in accordance with Merton's Planning Obligations SPD. These obligations are still relevant and the proposed deed of variation to the original s106 agreement would not alter these requirements.

Cycling and walking 7.51 Policy CS 18 of the adopted Core Strategy [July 2011] states that the

Council will promote active transport by prioritising the safety of pedestrian, cycle and other active transport modes; by supporting schemes and infrastructure that will reduce conflict between pedestrians, cyclists and other transport modes; and encouraging design that provides, attractive, safe, covered cycle storage, cycle parking and other facilities. Policy CS20 of the Core Strategy [July 2011] states that the Council will seek to implement effective traffic management by requiring developers to demonstrate that their development will not adversely affect pedestrian and cycle movements. The required minimum cycle parking standards are set out in the London Plan.

7.52 The submitted plans show the provision of 16 cycle parking spaces provided as Sheffield Stands; adjacent to the ground floor courtyard amenity area. This number of spaces is in line with the minimum standards within the London Plan for 8 one bedroom and 8 two bedroom units. A planning condition is recommended to ensure that this cycle parking is provided and requesting details of a structure to ensure that these spaces are secure and that they are protected from the weather.

Servicing and traffic 7.53 Policy CS 19 of the adopted Core Strategy [2011] states that the

Council will support and enhance the public transport network by ensuring that the proposals do not have an adverse effect on transport within the vicinity of the site.

7.54 Policy CS20 of the Core Strategy [July 2011] states that the Council will seek to implement effective traffic management by requiring developers to demonstrate that their development will not adversely affect safety and traffic management; and to incorporate adequate facilities for servicing to ensure loading and unloading activities do not have an adverse impact on the public highway. The policy enables the Council to seek planning obligations to mitigate the impact of

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development proposals and provide improvements to the highway network or public realm.

7.55 The current Spur House building provides 925 square metres of non residential floor space on the ground floor, with additional office floor space on the upper floor levels [400 square metres]. Whilst the extant planning permission removed the office floor space, the ground floor retail floor space was increased to 986 square metres.

7.56 The current proposal involving the conversion of part of the ground floor space to residential use will reduce the retail floor space to 341 square metres and will involve the loss of the previously proposed internal service area. With the substantial reduction in the quantity of floor space it is considered that the loss of the internal retail service area as part of the current is acceptable. A planning condition attached to the extant planning permission requires the submission of a delivery and servicing plan for the retail use. The refuse storage area located off the courtyard amenity space at ground floor level is considered acceptable for the residential units that are proposed.

7.57 It is considered that the residential element of the scheme will generate a limited amount of demand from service vehicles. In addition, the majority of any demand that is generated is likely to be for goods vehicles that are able to service the site from Milner Road and as a result would not impact upon Morden Road traffic flows.

7.58 In this location on a classified road, with very good access to public transport and the nature of proposed development it is considered that traffic generated by the development can be reasonably accommodated on the local road network without any negative impacts.

7.59 In conclusion after consideration of issues relating to traffic, access, servicing, parking, cycling and walking the submitted proposal is considered acceptable with no objections to the development raised by the Council’s Transport Planning Team. Transport for London has also raised no objection to the application in relation to their dual roles as the highways authority for the nearby strategic A24 red route and in terms of the Northern Line underground route that runs under the application site.

8. SUSTAINABLITY AND ENVIRONMENTAL IMPACT ASSESSMENTSustainability

8.1 Policy CS 15 of the adopted Core Strategy [2011] states that proposals will be required to demonstrate how resources have been used effectively. Proposals would also need to demonstrate how they make the fullest contribution to minimising carbon dioxide emissions. Residential development should achieve Code for Sustainable Homes level 4 certification. Proposals should meet the CO2 reduction targets in line with the London Plan. Policy 5.2 of the London Plan [2011]

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states that development proposals should make the fullest contribution to minimising carbon dioxide emissions

8.2 The development includes the provision of sedum roof, which is welcomed. As part of the application the applicant has submitted a ‘Sustainability Report’ that confirms that the development would meet Code for Sustainable Homes level 4 certification in line with policy CS 15 of the adopted Core Strategy [2011].

8.3 All new development comprising the creation of new dwellings is now expected to achieve Code for Sustainable Homes Level 4. In order to ensure that development meets these requirements, a planning condition would require a design stage assessment to be submitted and the development registered with BRE prior to work commencing on site; a second condition would require evidence to be submitted to show that the relevant level has been reached prior to first occupation. This requirement is a change from the appeal decision that required Code for Sustainable Homes Level 3 and 20% of energy requirements to be provided from on site renewable energy generation.

Environmental Impact Assessment 8.4 The proposals are on a site of less then 0.5 hectares and therefore fall

outside the scope of Schedule 2 development under the Town and Country Planning [Environmental Impact Assessment] Regulations 1999. There are no requirements for an Environmental Impact Assessment in this instance.

9. LOCAL FINANCIAL CONSIDERATIONSMayor of London Community Infrastructure Levy

9.1 The proposed development is liable to pay the Mayoral Community Infrastructure Levy [CIL], the funds for which will be used by the Mayor of London towards the CrossRail project. The CIL amount is non-negotiable and planning permission cannot be refused for failure to pay the CIL.

Planning Obligations 9.2 The current application involves amending part of the extant planning

permission [under reference 09/P2219] for the redevelopment of the Spur House site. In order to amend the planning obligations that are included within the unilateral undertaking attached to this extant planning permission a Deed of Variation is recommended.

9.3 The Deed of Variation will also need to ensure that the relevant obligations are due at the right time should the developer choose to partially implement the approved permission or to only implement the current proposal. The individual obligations within this unilateral undertaking are as follows:

� Financial contribution to the provision of educational facilities.

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9.4 Saved UDP policy C 13 recognises that new housing developments will lead to additional pressure on local educational facilities. Due to increases in the school age population the Council is undertaking a series of school improvement and enlargement schemes, including an unbudgeted expansion scheme at the closest school, [Merton Abbey Primary School] that is currently being progressed.

9.5 This contribution will facilitate the extra demand placed on local schools as a result of the development. The original contribution of £92,516 for the whole site is based on the additional two and three bedroom units [14 two bedroom and 5 three bedroom] above the residential units within the existing building. The contribution payable for the part of the development not affected by the current planning application and forming part of the extant planning permission would be £52,994.40 using the costs for education at the time.

9.6 The current higher cost of education provision is applicable to the residential units that form part of the current planning application. With no education contribution applied to one bedroom units, the current education contribution for the residential units at the rear of the site [8 two bedroom units] would be £38,885.92.

9.7 It is recommended that as part of the Deed of Variation the contribution towards education provision be amended from £92,516.00 to £91,880.32 [£52,994.40 + £38,885.92].

� Financial contribution toward improvements to local public open space and children's play space

9.8 The deficiencies in external amenity space provision are linked to the residential units outside the current planning application boundary and as a result there is no requirement to alter the original contribution of £55,038.85 as part of the Deed of Variation.

� Financial contribution toward environmental improvements/public art. 9.9 Paragraph 7.13 of the committee report in November 2009 [ref

09/p2219] provided the following information: “The proposals show that some street trees and furniture are to be provided in front of the Milner Road frontage. These features and additional trees and/or landscaping features along the Morden Road would be secured by condition. The applicant has offered a sum of £30,000 for environmental improvements/public art within the vicinity of the site. These funds could be secured by means of a planning obligation”. This obligation is still considered relevant and it is not proposed to amend this as part of the Deed of Variation.

� Financial contribution toward sustainable transport initiatives. 9.10 This obligation is still considered relevant and it is not proposed to

amend. In the absence of any off street parking, this contribution of £17,000; would be used for encouraging sustainable travel choices as defined in the unilateral undertaking and improving the environment for

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pedestrians and cyclists around the area of Spur House especially along the Morden Road site frontage.

� Provision of affordable housing. 9.11 Having regard to characteristics such as site size, site suitability,

financial viability issues and other planning contributions Core Strategy policy CS 8 states that affordable housing provision should include a minimum of 40% of new units as affordable housing. Within this affordable housing provision, 60% of the units should be provided as social rented and 40% as intermediate accommodation.

9.12 After assessing the viability appraisal submitted as part of the extant planning permission it was determined that as part of a viable development the proposal was not capable of providing affordable housing. A further viability assessment has been submitted with the current planning application setting out why this minimum affordable housing provision is not possible. This written appraisal has been subject to independent verification.

9.13 The applicant has submitted a viability appraisal that demonstrates that the development would not be viable if subject to a requirement to contribute to affordable housing. The conclusions of the appraisal have been the subject of an independent assessment. The assessment concludes that development would not be viable if there is a requirement to contribute towards affordable housing and a claw back mechanism is recommended to include a reassessment of market values and viability of providing affordable housing at the point that construction work starts.

� Permit free development. 9.14 Paragraph 7.33 of the committee report in November 2009 [ref

09/P2219] provided the following information: “The residential element of the scheme will not have any designated off-street car parking spaces. Due to the site’s excellent level of public transport accessibility, good access to local shops / facilities, and its location in a Controlled Parking Zone, this is considered to be acceptable and in accordance with Policy PK. 6 of the Council’s UDP. In order to ensure that the development proposals do not have a detrimental impact upon parking amenity in the area, all residential units will be subject to S106 ‘car free’ Agreement”.

9.15 This obligation is still considered relevant and is recommended that the restriction placed on future occupiers from obtaining on street parking is extended to cover the 16 residential units that are proposed as part of the current planning application.

� Dedication of land on the Morden Road frontage (between the back edge of footway and the proposed building) as Public Highway.

9.16 Paragraph 7.39 of the committee report in November 2009 [ref 09/P2219] provided the following information: “The Council seeks to

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improve the junction of Morden Road / Kingston Road / Merton Road / Merton High Street in accordance with Policy 23T of the UDP. In order to help facilitate future transport improvements it will be necessary for the applicant to dedicate the area of land on the Morden Road frontage (between the back edge of footway and the proposed building) as public highway, by way of a Deed of Dedication”.

9.17 This obligation is still considered relevant and it is not proposed to amend this as part of the Deed of Variation.

� The developer agreeing to meet the Council’s costs of preparing, drafting and monitoring the Section 106 Obligations.

9.18 As set out in the council’s adopted SPG monitoring fees would be calculated on the basis of 5% of the monetary contribution and £750 per non monetary contribution. Legal fees would need to be agreed.

10. CONCLUSION10.1 The principle of a more intensive redevelopment of the Spur House site

has already been accepted and the latest proposals raise no issues in terms of the removal of retail floorspace and its replacement with additional dwellings.

10.2 The proposed development is designed to make the most efficient use of land with the provision of residential uses that will enhance the character and vitality of the area. The development is a modern building as part of a sustainable development including residential units to help meet the Borough’s housing needs whilst minimising any impact upon neighbouring residential properties.

RECOMMENDATION GRANT PLANNING PERMISSION subject to the completion of a deed of variation to the unilateral undertaking attached to the planning permission granted on appeal under reference 09/P2219 and planning conditions:

Deed of variation to secure the following amendments:

1. Financial contribution to the provision of education facilities; It is recommended that as part of the Deed of Variation the contribution towards education provision be amended from £92,516.00 to £91,880.32

2. Financial contribution toward improvements to local public open space and children's play space; No requirement to alter the original contribution of £55,038.85 as part of the Deed of Variation.

3. Financial contribution toward environmental improvements or public art; No requirement to alter the original contribution of £30,000 as part of the Deed of Variation.

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4. Financial contribution toward sustainable transport initiatives; No requirement to alter the original contribution of £17,000 as part of the Deed of Variation.

5. Provision an affordable housing ‘claw back’ mechanism;

6. Car free development; The restriction placed on future occupiers from obtaining on street parking to be extended to cover the 16 residential units that are proposed as part of the current planning application.

7. Dedication of land on the Morden Road frontage. The dedication of land on the Morden Road frontage (between the back edge of footway and the proposed building) as Public Highway. No requirement to alter the original obligation as part of the Deed of Variation.

8. The developer agreeing to meet the Council’s costs of preparing, drafting and monitoring the Section 106 Obligations. As set out in the council’s adopted SPG monitoring fees would be calculated on the basis of 5% of the monetary contribution and £750 per non monetary contribution. Legal fees of £500.

Planning conditions 1. A.1 Commencement of development [full application].

2. A.7 Approved Plans [11016 PLA3 001A; 11016 PLA1 101B; 11016 PLA1 102B; 11016 PLA1 103B; 11016 PLA1 104B; 11016 PLA1 105B; 11016 PLA1 200; 11016 PLA1 201A; 11016 PLA1 202B; 11016 PLA1 203B; 11016 PLA1 501; 11016 Proposed Ground floor plan; Design and Access Statement; Access Statement; Travel Plan Statement; Planning Statement; Viability Statement; Outline Sustainability Statement].

3. Standard Condition [Construction Vehicles, Washdown Facilities] No development [including demolition] shall commence until a working method statement has been submitted to and approved in writing by the Local Planning Authority to accommodate: (i) Parking of vehicles of site workers and visitors; (ii) Loading and unloading of plant and materials; (iii) Storage of construction plant and materials; (iv) Wheel cleaning facilities (v) Control of dust, smell and other effluvia; (vi) Control of surface water run-off. No development shall be carried out except in full accordance with the approved method statement. Reason for condition To the interests of vehicle and pedestrian safety and the amenities of neighbouring occupiers and to comply with policy CS20 of the Adopted Merton Core Planning Strategy 2011.

4. Non Standard Condition [Construction Times] Demolition, construction work and ancillary activities such as deliveries shall only take place between 0800hrs and 1800hrs Monday to Friday, and 0800 and 1300 on Saturdays and shall not be carried out at all Sundays Public Holidays or Bank Holidays. Reason for condition To safeguard the

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amenities of the area and occupiers of neighbouring properties and to ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan 2003.

5. Non Standard Condition [External Materials to be Approved] No development shall commence until details of particulars and samples of the materials to be used on all external faces of the development hereby permitted, including window frames and doors, have been submitted to the Local Planning Authority for approval, notwithstanding any materials specified in the application form and the approved drawings. No works which are the subject of this condition shall be carried out until the details are approved, and the development shall be carried out in full accordance with the approved details. Reason for condition To ensure a satisfactory appearance of the development and to comply with policy BE.23 of the Adopted Merton Unitary Development Plan 2003.

6. Non Standard Condition [Fire Escape] The double doors at the eastern end of the ground floor courtyard amenity space, that provide access from the non residential floor space fronting Morden Road to the residential courtyard, shall only be used in an emergency and the double doors shall not be used as an alternative access to Milner Road or for servicing purposes. Reason for condition To safeguard the privacy and amenities of the occupiers of neighbouring properties and to comply with policy BE.15 of the Adopted Merton Unitary Development Plan 2003.

7. Non Standard Condition [Landscaping Scheme] No development shall commence until there has been submitted in writing for approval to the Local Planning Authority a scheme which shall include on a plan, full details of the size, species, spacing, quantities and location of plants, together with any hard surfacing, and means of enclosure. No development which is the subject of this condition shall be carried out until this scheme has been approved. The development shall not be occupied until the details have been approved and carried out in strict accordance with the approved details. The approved scheme shall be completed before the occupation of any of the buildings that are part of the development. Reason for condition To enhance the appearance of the development in the interest of the amenities of the area and to comply with policy CS13 of the Adopted Merton Core Planning Strategy 2011.

8. Non Standard Condition [Landscaping Implementation] Any trees or landscaping which within a period of 5 years from the completion of the development die, are dying or diseased, are removed or become seriously damaged shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason for condition To enhance the appearance of the development in the interest of the

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amenities of the area and to comply with policy CS13 of the Adopted Merton Core Planning Strategy 2011.

9. Non Standard Condition [Landscaping management] Prior to the occupation of the development a landscape management plan including long term design objectives, management responsibilities and maintenance schedules for all landscaped areas, shall be submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority.Reason for condition To enhance the appearance of the development in the interest of the amenities of the area and to comply with policy CS13 of the Adopted Merton Core Planning Strategy 2011.

10. Standard Condition [Refuse & Recycling (Implementation)] Prior to the occupation of the development the refuse and recycling storage facilities shown on the approved plans shall be fully implemented and made available for use. These facilities shall thereafter be retained for use at all times. Reason for condition To ensure the provision of satisfactory facilities for the storage of refuse and recycling material and to comply with policies BE.15 and PE.11 of the Adopted Merton Unitary Development Plan 2003.

11. Non Standard Condition [Use of flat roof] The extent of the roof terraces at second and third floor levels [hatched areas] shall remain as shown on drawings 11016 PL1 102B and 11016 PL1 103B and all other areas of flat roof hereby permitted including at first floor level shall be for maintenance or emergency purposes only, and shall not be used as a roof garden, terrace, patio or similar external amenity area. Reason for condition: To safeguard the privacy and amenities of the occupiers of neighbouring properties and to comply with policy BE.15 of the Adopted Merton Unitary Development Plan 2003.

12. Non Standard Condition [Balcony Screening] No development shall commence until a scheme of details of screening of the balcony of flat 14 has been submitted for approval to the Local Planning Authority. No works which are the subject of this permission shall be carried out until the details are approved, and the development shall not be occupied until the scheme has been approved and implemented in its approved form and those details shall thereafter be retained for use at all times from the date of first occupation. Reason for condition To safeguard the privacy and amenities of the occupiers of neighbouring properties and to comply with policy BE.15 of the Adopted Merton Unitary Development Plan

13. Non Standard Condition [Boundary treatments] No development shall commence until details of boundary treatments are submitted to and approved in writing by the Local Planning Authority with the approved treatments in place prior to first occupation of the buildings hereby approved and maintained permanently thereafter unless otherwise

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agreed in writing by the Local Planning Authority. Reason for condition:To ensure a satisfactory and safe development in accordance with policies BE.16 and BE.22 of the Adopted Merton Unitary Development Plan.

14. Non Standard Condition [Lifetime Homes] Prior to the occupation of the development the applicant shall submit written evidence to confirm the development has achieved the relevant Lifetime Homes Standards criteria and provides 10% of the units as wheelchair accessible or easily adaptable units unless otherwise agreed in writing by the Local Planning Authority. Reason for condition: To meet the changing needs of households and comply with policies CS8, of the Adopted Core Strategy [July 2011] and 3.8 of the London Plan February 2011.

15. Standard Condition [Cycle Parking - Details to be Submitted] No development shall commence until details of secure cycle parking facilities for the occupants of, and visitors to, the development have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be fully implemented and made available for use prior to the first occupation of the development and thereafter retained for use at all times. Reason for condition To ensure satisfactory facilities for cycle parking are provided and to comply with policy CS18 of the Adopted Merton Core Planning Strategy 2011.

16. Standard Condition [Code for Sustainable Homes – Pre-Commencement New build residential] No development shall commence until a copy of a letter from a person that is licensed with the Building Research Establishment (BRE) or other equivalent assessors as a Code for Sustainable Homes assessor that the development is registered with BRE or other equivalent assessors under Code For Sustainable Homes and a Design Stage Assessment Report demonstrating that the development will achieve not less than Code for Sustainable Homes Level 4 has been submitted to and approved in writing by the Local Planning Authority. Reason for condition To ensure that the development achieves a high standard of sustainability and makes efficient use of resources and to comply with policies BE.25 of the Adopted Merton Unitary Development Plan 2003, 5.2 of the Adopted London Plan 2011 and CS 15 of the Adopted Merton Core Planning Strategy 2011.

17. Standard Condition [Code for Sustainable Homes – Pre-Occupation New build residential] Prior to occupation of the development, a Building Research Establishment or other equivalent assessors Final Code Certificate shall be submitted to the Local Planning Authority confirming that the development has achieved not less than a Code 4 level for Sustainable Homes has been submitted to, and acknowledged in writing by the Local Planning Authority [unless otherwise agreed in writing by the Local Planning Authority]. Reason for condition To ensure that the development achieves a high standard of sustainability and makes efficient use of resources and to comply with policies BE.25

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of the Adopted Merton Unitary Development Plan 2003, 5.2 of the Adopted London Plan 2011 and CS 15 of the Adopted Merton Core Planning Strategy 2011.

18. Non Standard Condition [Sound insulation survey] No development shall commence until a sound insulation survey has been undertaken by a competent person and a report detailing the proposed sound insulation works submitted to and approved in writing by the Local Planning Authority. Reason for condition To safeguard the amenities of future occupiers and to ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan 2003.

19. Non Standard Condition [Sound insulation – installation] Prior to occupation of the development the necessary works relating to sound insulation for the residential flats shall be completed; the sound insulation shall achieve for living rooms 30-40 dBLAeqT where T is 16 hours between the hours of 0700 and 2300, and bedrooms 30-35 dBLAeqT where T is 8 hours between the hours of 2300 and 0700. The agreed sound insulation measures shall be permanently retained unless otherwise agreed in writing by the Local Planning Authority. Reason for condition To safeguard the amenities of future occupiers and to ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan 2003.

20. Non Standard Condition [Sound insulation – testing] Prior to occupation of the development the Local Planning Authority will require sound insulation testing to demonstrate that the required standard has been complied with. Reason for condition To safeguard the amenities of future occupiers and to ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan 2003.

21. Standard Condition [No external Lighting] No external lighting shall be installed without the prior approval in writing of the Local Planning Authority. Reason for condition To safeguard the amenities of the area and the occupiers of neighbouring properties and ensure compliance with policy PE.3 of the Adopted Merton Unitary Development Plan 2003.

22. Non Standard Condition [Redundant Crossovers] Prior to occupation of the development the existing redundant crossovers on Milner Road that served the previous site shall be removed by raising the kerb and reinstating the footway in accordance with the requirements of the Highway Authority. Reason for condition In the interests of the safety of pedestrians and vehicles and to comply with policy RN.3 of the Adopted Merton Unitary Development Plan 2003.

23. Non Standard Condition [Vibration] No development shall commence until a scheme has been submitted to and approved in writing by the local planning authority detailing the mitigation measures to protect the future occupants against undue levels of vibration. The report will have

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regard to BS6472 1992, “Evaluation of Human Health Exposure to Vibration in Buildings” (1 Hz to 80Hz). The approved scheme shall be implemented prior to first occupation of the building and retained thereafter. Reason for condition To safeguard the amenities of the area and the amenities of existing and future adjacent occupiers and to ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan.

24. Non Standard Condition [Electromagnetic emissions] Prior to the decommissioning of the existing electricity sub-station on the site, the level of electromagnetic emissions attributable to that sub-station will be measured at the nearest residential property. Prior to first occupation of the development the level of electromagnetic emissions attributable the proposed electricity sub-station will be measured from the nearest residential property. A report detailing all measurements undertaken, methodologies used, and if necessary, the works required to ensure that the emissions would not exceed the existing levels, will be submitted to the Local Planning Authority. Any works required shall be carried out in accordance with the approved details prior to first occupation of the development and retained thereafter. Reason for condition To safeguard the amenities of the area and the occupiers of neighbouring properties and to ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan.

INFORMATIVES:(1) INF2 Lifetime Homes (2) INF3 Wheelchair Standards(3) INF4 Code for Sustainable Homes(4) INF8 Construction of Accesses(5) The applicant is advised of the necessity to consult the Council’s

Highways team prior to the commencement of construction in order to obtain necessary approvals and licences prior to undertaking any works within the Public Highway including Scaffolding, Temporary/Permanent Crossovers, Oversailing or Undersailing of the Highway, Drainage/Sewer Connections, Hoarding, Excavations (including excavations adjacent to the highway such as basements, etc), Temporary Full/Part Road Closures, Craneage Licences etc.

(6) The applicant is advised to contact the Council's Highways team, prior to the commencement of construction, in relation to the work to reinstate to vehicular crossovers. The Council will require a deposit and the developer will need to cover all the Council's costs (including supervision of the works).

(7) The applicant is advised that conditions 3, 5, 7, 12, 13, 15, 16, 18 and 23 are to be discharged prior to the commencement of any development.

(8) The applicant is advised that the development hereby approved is likely to be liable to the Community Infrastructure Levy (CIL) upon the date that the final approval, required by condition before the development hereby approved commences, is given. The

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chargeable amount of CIL that is likely to be payable (subject to any successful applications for relief, surcharges or late payment interest charges) is depending on when pre commencement conditions are discharged £45,080 or £15,120. To avoid substantial surcharges an Assumption of Liability Notice and a Commencement Notice must be submitted to the Local Planning Authority prior to commencement of the development hereby approved. A Liability Transfer Notice can be submitted prior to the day the final payment falls due should parties who will be liable to pay change. These notices can be found on the planning portal at www.planningportal.gov.uk. For more information regarding CIL visit www.merton.gov.uk/CIL or email cilevy@merton.gov.uk.

(9) In accordance with paragraphs 186 and 187 of the National Planning Policy Framework, The London Borough of Merton takes a positive and proactive approach to development proposals focused on solutions. The London Borough of Merton works with applicants or agents in a positive and proactive manner by offering a pre-application advice and duty desk service; suggesting solutions to secure a successful outcome; and updating applicants or agents of any issues that may arise in the processing of their application.

In this instance the applicant and agent was provided with pre-application advice, the application was approved without delay and the application was considered by the Planning Committee where the applicant or agent had the opportunity to speak to the committee and promote the application.

Reasons for Approval:The proposed development is designed to make efficient use of land with the provision of residential uses that will enhance the character and vitality of the area and contribute towards housing targets. The development is a modern building as part of a sustainable development including residential units to help meet the Boroughs housing needs whilst minimising any impact upon neighbouring residential properties. The proposal accords with policies contained in the London Plan [July 2011], the Council’s Local Development Framework Core Strategy [July 2011] and Adopted Unitary Development Plan [October 2003] as far as material to the proposals; which are the subject of this approval. The policies listed below were relevant to the determination of this proposal:

Policies within the Adopted Core Strategy [July 2011]CS.7 [Centres] CS.8 [Housing choice]; CS.9 [Housing provision]; CS.13 [Open space; nature conservation; leisure and culture]; CS.14 [Design]; CS.15 [Climate change]; CS.18 [Active transport]; CS.19 [Public transport]; and CS.20 [Parking; servicing and delivery].

Policies retained in Adopted Unitary Development Plan [October 2003]

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BE.15 [New buildings and extensions; daylight; sunlight; privacy; visual intrusion and noise]; BE16 [Urban design]; BE.21 [Important local views, panoramas and prospects]; BE22 [Design of new development]; BE25 [Sustainable development]; C1 [Location and access of facilities]; C13 [Planning obligations for educational facilities]; E2 [Access for disabled people]; F2 [Planning obligations]; HS1 [Housing layout and amenity]; L9 [Children’s play facilities]; PE7 [Capacity of water systems]; PE.9 [Waste minimisation and waste disposal]; PE.11 [Recycling points]; PE.12 [Energy generation and energy saving]; RN3 [Vehicular access]; and Schedule 6: [Parking standards].

The London Plan [July 2011].2.13 [Opportunity areas and intensification areas]; 3.3 [Increasing housing supply]; 3.4 [Optimising housing potential]; 3.5 [Quality and design of housing developments; 3.6 [Children and young people’s play and informal recreation facilities]; 3.8 [Housing choice]; 3.9 [Mixed and balanced communities]; 3.11 [Affordable housing targets]; 5.1 [Climate change mitigation]; 5.2 [Minimising carbon dioxide emissions]; 5.3 [Sustainable design and construction]: 5.7 [Renewable energy]; 5.10 [Urban greening]; 5.13 [Sustainable drainage]; 6.3 [Assessing effects of development on transport capacity]; 6.9 [Cycling]; 6.10 [Walking]; 6.11 [Smoothing traffic flow and tacking congestion]; 6.12 [Road network capacity]; 6.13 [Parking]; 7.2 [An inclusive environment]; 7.3 [Designing out crime]; 7.4 [Local character]; 7.5 [Public realm]; 7.6 [Architecture]; 7.14 [Improving air quality]; 7.15 [Reducing noise and enhancing soundscapes]; and 8.2 [Planning obligations].

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