PLANNING COMMITTEE DATE: 14 October 2021

georgia.quinn@hounslow.gov.uk

References: 01366/D/P17 P/2021/1528

Address: Unit 1 Challenge Road, TW15 1AX

(Feltham West)

This application is being presented to planning committee as it has been called in by Councillor Mitchell.

1.0 SUMMARY

1.1 The proposal represents an acceptable scheme for a change of use of the remaining part of Unit 1 from B8 Storage/ Distribution to B2

General Industrial, as it is compliant with Local Plan policies. The proposal would represent an appropriate use for the Unit considering the site lies within a Locally Significant Industrial Site, coupled with the

fact that the remaining portion of Unit 1 is currently operating as a General Industrial unit (this use was approved in 2010 under planning

application 01366/D/P15). The proposal does not involve external works and is not considered to have an unreasonable impact upon adjoining land uses, in particular the residential properties along

Portland Crescent.

1.2 Planning approval is therefore recommended subject to conditions.

2.0 SITE DESCRIPTION

2.1 The subject site contains a rectangular shaped industrial unit, part B8 (storage/ distribution) classification, part B2 (general industrial) classification. A triangular area of hardstanding fronts the industrial

unit. The unit forms part of the Challenge Road Industrial Estate which is a Locally Significant Industrial Site.

2.2 The building conjoins another rectangular building which together from an L-shaped block. The site is bound on all sides by a 3 metre high iron wrought security fence.

2.3 To the north of the site is land owned by H M Young Offenders Institution, to the south are residential properties along Portland

Crescent (the closest of which is noted to be approximately 80 metres

away from the building) and to the west is Challenge Road and other units within the Industrial Estate.

2.4 Access to the site is obtained via Challenge Road.

Figure 1. Site Location Plan

3.0 HISTORY

3.1 01366/D/P4 Use of Unit 1 for class X warehouse purposes

APPROVED: 12 September 1985

3.2 01366/D/P5 Elevational alterations to unit 1

APPROVED: 20 March 1986

3.3 01366/D/P9 Variation of condition 3 (delivery hours) of planning permission 01366/D/P4 to allow deliveries, loading and unloading between 6am and midnight Monday to

Sunday

REFUSED: 24 October 2005

Reason:

1. The proposed variation of condition 3 (delivery hours) of planning permission 01366/D/P4

would, by reason of the increase in noise levels have a detrimental impact to the living

conditions of the nearby residential properties. The proposed variation of the original planning permission would therefore be contrary to

policies ENV-B.1.1 (New Development) and E.1.3 (Location of general industry (B2) and

storage and (B8) uses) of the adopted Unitary Development Plan (2003).

3.4

01366/D/P10

Variation of condition 5 (external industrial or storage

activity) of planning permission 01366/D/P4 to allow deliveries, loading and unloading at the premises

between 6am and midnight Monday to Sunday

REFUSED: 24 October 2005

Reason:

1. The proposed variation of condition 5 (external industrial or storage activity) of planning

permission 01366/D/P4 would, by reason of the increase in noise levels have a detrimental impact to the living conditions of the nearby

residential properties. The proposed variation of the original planning permission would

therefore be contrary to policies ENV-B.1.1 (New Development) and E.1.3 (Location of general industry (B2) and storage and (B8)

uses) of the adopted Unitary Development Plan (2003).

3.5

3.6

01366/D/P11

01366/D/P12

Variation of condition 3 (delivery hours) of planning permission 01366/D/P4 to allow deliveries, loading

and unloading 24 hours per day

REFUSED: 24 November 2006

Reasons:

1. Notwithstanding the mitigation measures proposed, the Council does not believe that the

environmental amenities of nearby residential property would be safeguarded because of the

likely increase in the volume of traffic that would pass close to them. In particular, the Council does not accept that the measures

would be effective in that performance would be uncertain and enforcement difficult. The

proposed development would therefore be contrary to policies E.2.1 (Employment location – environmental criteria), E.1.3 (Location of

industry, storage and distribution uses)m ENV-P.1.5 (Noise), ENV-P.1.6 (Air Pollution) ENV-

P.1.7 (Light pollution) of the London Borough of Hounslow Unitary Development Plan (2003).

2. It is considered that the acoustic measures

proposed for the boundary between houses in Portland Crescent and Challenge Road to the

south of the application site would be visually intrusive and detrimental to the amenities currently enjoyed by residents in Portland

Crescent and The Clumps. The proposed development would therefore be contrary to

policy ENV-B.1.1 (New Development) of the London Borough of Hounslow Unitary Development Plan (2003).

APPEAL DISMISSED: 25 May 2007

Due to the difficulty of enforceability of the proposed conditions. The present conditions are thought to be both reasonable and necessary to ensure that harm to

the living conditions of people nearby does not arise.

Variation of condition 5 (external industrial or storage activity) of planning permission 01366/D/P4 to allow outside storage at site between 8am and 6pm Monday

to Sunday

APPROVED: 24 November 2006

Variation of condition 3 (delivery hours) of planning

3.7

3.8

3.9

3.10

01366/D/P13

01366/D/P14

01366/D/P15

01366/D/P16

permission 01366/D/P4 which does not allow deliveries, loading and unloading between the hours

6pm and 8am and not at all on Sundays and public holidays, to allow deliveries between 7am and 11pm

on Mondays to Saturdays and between 9am and 7pm Sundays and public holidays

REFUSED: 29 May 2007

Reasons:

1. Notwithstanding the mitigation measures

proposed, the Council does not believe that the environmental amenities of nearby residential property would be safeguarded because of the

likely increase in the volume of traffic that would pass close to them. In particular the

Council does not accept that the proposed mitigation measures would be effective in that performance would be uncertain and

enforcement difficult. The proposed development would therefore be contrary to

policies ENV-P.1.5 (Noise), ENV-P.1.6 (Air pollution), ENV-P.1.7 (Light pollution) and T.4.3 (Traffic implications of new development) of the

London Borough of Hounslow Unitary Development Plan (2003).

APPEAL DISMISSED: 9 April 2008

Due to the difficulty of enforceability of the proposed conditions

External alterations and replacement of on-site

fencing

APPROVED: 20 August 2007

Change of use of part of unit 1 (referred to as Unit 1A) from B8 Storage/ Distribution to B2 General Industrial

and incorporation of unit 1A into Unit 2 by removal of party wall

APPROVED: 29 March 2010

Variation of condition 3 of permission 01366/D/P15

dated 29/03/2010 which states that “No deliveries, loading and unloading shall be carried out at the premises between 1800 and 0800hrs the following

day or on Sunday or Public Holidays” to “No deliveries, loading and unloading shall be carried out

at the premises between 2000 and 0600hrs the

following day or on Sunday or Public HolidaysREFUSED: 15 September 2015

Reason:

1. The proposed change in hours of unloading,

loading and deliveries at the application site would cause harm to the living conditions of nearby residents, due to the intensification of

the use of the site, the increase of movements along Challenge Road, and the subsequent

increase in noise and disturbance that would face these dwellings. This would be compounded by the lack of any measures to

mitigate these effects and therefore the scheme would be contrary to the intent of the original

condition to which the proposal relates, and policies ENV-B.1.1 (All New Development), ENV-P.1.5 (Noise), ENV-P.1.6 (Air Pollution)

and ENV-P.1.7 (Light Pollution) of the adopted Unitary Development Plan and policies EQ4

(Air Quality), EQ5 (Noise) and EQ6 (Lighting) of the emerging Local Plan.

4.0 DETAILS

4.1 This application proposes the change of use of the remaining portion of

Unit 1 from B8 Storage/ Distribution to B2 General Industrial. This would be the same as the previously approved use for the other part of the Unit (1A) as per planning permission 01366/D/P15.

4.2 Carcomm Coachworks Limited are the owner/ occupiers of the adjoining Units 1a and 2. The owner of Unit 1, the application site, is

Marchmont Feltham LLP. Carcomm are an accident repair and fleet refurbishment business, serving the commercial market, particularly the national supermarket and delivery chains. The company repair

Sainsburys, Ocado and Waitrose vehicles as well as DHL, FEDEX, TNT, DPD and Veolia Bins. Typical activities consist of mechanical and

bodywork repairs and paint preparation. Normal hours of operation are Monday to Friday 8am to 5pm.

4.3 Carcomm currently occupy two units within the estate known as Units

1a and 2 for their operations, and Units 4 and 6 for their offices and parts storage. It is also noted that there are no record of complaints

from nearby residential properties.

4.4 Unit 1 has been vacant since February 2021 and was previously used by Lupprians Computer Express Ltd (latterly Rhenus Logisitics Ltd).

They used the site for the storage, repair and maintenance of medical,

high tech and other related systems, components and aircraft related equipment.

4.5 Carcomm are proposing to expand their opertations, and are therefore seeking a change of use for the remaining part of Unit 1 from B8

storage/ distribution to B2 general industrial so that they can utilise the space for mechanical and bodywork repairs and paint preparation.

4.6 No external works are proposed, however internally Unit 1 would be

linked to Unit 1a. The applicant is prepared to accept a continuation of appropriate planning conditions, as per the previously approved

application for Unit 1a (01366/D/P15).

5.0 CONSULTATIONS

5.1 Twenty neighbouring properties were consulted by letter on 12 May

2021.

5.2 Ten representations have been received, raising the following concerns

with the application:

Objection Response

Increased traffic, resulting in road

safety implications and increased

pollution in terms of air quality and

noise

It is unlikely that the proposed change of use would have a severe impact on the local

highway network and junction capacity. Challenge Road is a private cul-de-sac serving an industrial estate only, therefore it

is expected that the traffic profile and the vehicles’ characteristics would not be

dissimilar to the current situation.

Residents are very aware of noise

from inside Unit 1 cutting through to

dwellings and believe the extended

use of Unit 1 will further exacerbate

this. It is also stated that the

conditions are not adhered to (i.e.

hours of operation).

Council’s complaints records have been

checked and we are unable to find any

specific complaints relating to noise from

Unit 1. Further, safeguarding conditions

have been suggested to mitigate any

unreasonable amenity impacts to

neighbours. Council’s Planning

Enforcement team would action/ investigate

the matter should complaints be made.

Previous applications on site have

been refused and subsequent

appeals dismissed.

Section 3 of this report details the planning

history of the site. The nature of this

application varies from those previously

refused applications, hence the

recommendation of approval.

5.3 The application has been drawn to members' attention on the weekly

pending decision list dated 2-9th July 2021 (Week 26). The application was called in by Cllr Mitchell.

6.0 POLICY

Determining applications for full or outline planning permission

6.1 The determination must be made in accordance with the development

plan unless material considerations indicate otherwise. Local finance considerations must also be assessed.

The National Planning Policy Framework

6.2 The National Planning Policy Framework (NPPF) was revised on 20 July 2021. The National Planning Guidance (NPPG) has also been

revised on 24 June 2021 and is an online guidance resource that supports the NPPF. Where pertinent, the NPPF and NPPG are material considerations that will be taken into account in decision-

making.

The Development Plan

6.3 The Development Plan for the Borough comprises the Council's Local Plan (adopted by the Council on 15 September 2015), the West London Waste Plan (2015) and the London Plan.

6.4 The Council are currently undertaking two Local Plan Reviews; the West of Borough Local Plan review and the Great West Corridor Local

Plan review. These plans have been submitted to the Secretary of State of examination; however their policies are afforded little weight at this stage. The local Plan documents can be viewed on the Planning

Policy pages of the Hounslow Website.

6.5 Relevant London Plan policies (2021)

GG5 Growing A Good Economy

D14 Noise

The residential estate existed

before Unit 1 was built.

Noted.

Some residents suffer from asthma

and other health conditions and

children live in this estate. Poor air

quality is already a problem in

Hounslow and an increase in air

pollution would make this worse.

The application is considered to comply with the relevant Local Plan policies.

E6 Locally Significant Industrial Sites

E7 Industrial Intensification, Co-Location and Substitution

SI 1 Improving Air Quality

T5 Cycling

6.6 Relevant Local Plan policies (2015)

ED1 Promoting Employment Growth and Development

ED2 Maintaining the Borough’s Employment Land Supply

ED4 Enhancing Local Skills

CC1 Context and Character

EQ4 Air Quality

EQ5 Noise

EQ6 Lighting

EQ7 Sustainable Waste Management

EQ8 Contamination

7.0 PLANNING ISSUES

7.1 The planning issues to consider are:

Acceptability in principle

Design and Appearance

Impact on adjoining occupiers Acceptability in principle

7.2 Local Plan policy ED1 directs new industrial related development to the borough’s Locally Significant Sites and other existing industrial sites. In

addition, policy ED1 seeks to secure business opportunities stimulated by Heathrow Airport and Central London by ensuring that sufficient capacity is provided for anticipated sectors of employment growth. This

will be achieved by directing new industrial/ warehousing and related development to strategic locations such as a Locally Significant

Industrial Site (LSIS), in this instance.

7.3 The subject site as detailed above is situated within the Challenge

Road Industrial Estate which is a Locally Significant Industrial Site.

7.4 Local Plan policy ED2 stipulates that uses appropriate to employment land include Classes B1/ B2/ B8 and as such the proposed B8 general industrial unit would comply with the requirements of policy ED2. It is

also stated that proposals are not to compromise the objectives of the LSIS.

7.5 The proposal would result in the continuation of the industrial use of the

site, and would therefore not undermine the primary industrial function of the LSIS. Overall, given the site is located within a LSIS and the proposal would be compatible with this land use designation as well as

providing further employment opportunities and enhancing the economic viability of the local area, the proposal would be in

accordance with the Local Plan the London Plan.

7.6 It is therefore considered that the change of use is acceptable in

principle. Design and Appearance

7.7 Policy CC1 of the Local Plan seeks to ensure that all new development

preserves conserves and enhances their special qualities and heritage. Policy CC2 of the Hounslow Local Plan seeks to retain, promote and

support high quality urban design and architecture to create attractive, distinctive, and liveable places.

7.8 The application does not involve any external works, however Unit 1 will be internally linked to Unit 1a. Therefore, the Units appearance

would remain as existing, as viewed from the public domain.

Impact on adjoining occupiers

7.9 Policy CC2 of the Local Plan states that new development should protect the amenities of surrounding land uses and ensure minimal impact on the adjoining properties. Policy EQ5 of the Local Plan seeks

to reduce the impact of noise from noise-generating activities on nearby sensitive users.

7.10 Unit 1 is situated within an Industrial Estate, where the repair of vehicles already occurs. It is considered that the alteration to change

the remaining portion of Unit 1 to a B2 use would not have a negative impact on the surrounding industrial buildings in terms of noise or

disturbance.

7.11 The building, where the work will take place (see condition), is located

away from the residential properties of Portland Crescent, with the closest dwelling being approximately 80 metres to the south of the

building. The site as a whole, however, does extend to the south and closer to the residential properties. It is considered that the proposed change of use would not significantly harm the living conditions of

these residents.

7.12 Council’s Principal Regulatory Officer has reviewed the application and raised no objection, subject to the imposition of safeguarding

conditions. The suggested safeguarding conditions are as follows:

No industrial nor storage activity shall be carried on outside the building subject to this permission without prior written permission of the Local Planning Authority;

No deliveries, loading and unloading shall be carried out at the

premises between 1800 and 0800 hrs the following day or on Sunday or Public Holidays

The two south facing roller shutter doors are to remain closed at all times, other than when vehicles are entering and existing the building.

7.13 Noise ‘break-out’ usually occurs when openings such as doors, shutters and windows are either continually left open or remain open

for extended periods of time. By conditioning the use of the roller shutter doors there will be greater control of internal noise levels during

operational hours of the premises. In addition, the officer has reviewed Council’s complaint records and has been unable to find any specific complaints relating to noise from any of the Units at Challenge Road.

7.14 The residents have raised the concern that existing planning conditions

relating to Unit 1 are not being adhered to. The Neighbourhood Enforcement Team work closely with the Planning Enforcement Team and investigate beaches of noise related to planning conditions, both

during normal office hours and at night, however, no complaints had been raised with Council’s Enforcement team and therefore no action/

investigation can be carried out.

7.15 The agent has also stipulated that the roller shutter doors are expected

to be opened two to three times a day only.

7.16 Policy EQ4 of the Local Plan seeks to ensure that new development does not exacerbate existing air quality problems within the borough. In this instance. The number of traffic movements normally associated

with a B2 (General Industrial) use is comparable, and often less, than what could occur with a building in B8 (Storage and Distribution) use

and as the activities are to be carried out internally, not externally, it is considered that the proposal would not be likely to worsen air quality in the area.

7.17 Given that the application does not propose any external works,

neighbours would not be impacted by a reduced outlook or privacy.

7.18 Policy EQ6 states that when considering proposals for lighting or

floodlighting the Council will seek to minimise light pollution and ensure there is adequate protection from glare and light spill to sensitive

receptors.

7.19 As detailed above, no external works are proposed as part of this application. Therefore the matter of lighting will remain as existing.

Transport

7.20 It is unlikely that the proposed change of use would have a severe

impact on the local highway network and junction capacity. Challenge Road is a private cul-de-sac serving an industrial estate only, therefore

it is expected that the traffic profile and vehicles’ characteristics would not be dissimilar to the current situation (or what could occur were another B8 (Storage and Distribution) user to acquire the premises,

with the existing accesses being utilised.

7.21 Notwithstanding, a condition is recommended to improve the cycle parking facilities on the site and a further condition, an Operational Management Plan, is also recommended so that the activities in the

unit and the area between it and the residents is managed and operated appropriately.

8.0 EQUALITIES DUTIES IMPLICATIONS

8.1 The public sector equality duty applies to all council decisions.

A public authority or any person who exercises public functions must, in the exercise of those functions, have due regard to the need to:

(a) eliminate discrimination, harassment, victimisation and any other conduct prohibited by or under the Act;

(b) advance equality of opportunity between persons who share a

relevant protected characteristic and persons who do not share it;

(c) foster good relations between persons who share a relevant

protected characteristic and persons who do not share it.

8.2 Having due regard to the need to advance equality of opportunity, this involves having due regard, in particular, to the need to:

(a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that

characteristic;

(b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons

who do not share it;

(c) encourage persons who share a relevant protected characteristic

to participate in public life or in any other activity in which participation by such persons is disproportionately low.

8.3 This shall include, in particular, but is not limited to steps to take

account of disabled persons' disabilities.

8.4 The exercise of public functions must have due regard to the need to

foster good relations between persons who share a relevant protected characteristic and those who do not, in particular, to the need to:

(a) tackle prejudice; and

(b) promote understanding.

8.5 Compliance with these duties may involve treating some persons more

favourably than others. This is not to be taken as permitting conduct that would otherwise be prohibited by or under the Act.

8.6 The relevant protected characteristics are: age; disability; gender

reassignment; pregnancy and maternity; race; religion or belief; sex; marriage and civil partnership; and sexual orientation.

8.7 Due regard needs to be demonstrated in the decision making process and requires an analysis of the material with the specific statutory considerations in mind. It does not follow that the considerations raised

will be decisive in a particular case the weight given to them will be for the decision maker. The equalities duty is not a duty to achieve a

particular result. Some equalities considerations are covered under other legislation such as building control matters. Officers have in

considering this application and preparing this report had regard to the public sector equality duty and have concluded that due regard has been given to the Council’s duty in respect of its equalities duties and

that if approving or refusing this proposal the Council will be acting in compliance with its duties”.

9.0 LOCAL FINANCE CONSIDERATIONS AND THE COMMUNITY INFRASTRUCTURE LEVY

9.1 Section 70(2) of the Town and Country Planning Act 1990 (as amended) provides that a local planning authority must have regard to

a local finance consideration as far as it is material. A local finance consideration means:

a) a grant or other financial assistance that has been, or will or could be, provided to a relevant authority by a Minister of the Crown; or

b) sums that a relevant authority has received, or will or could receive, in payment of Community Infrastructure Levy (CIL).

9.2 The weight to be attached to a local finance consideration remains a matter for the decision maker. The Mayor of London's CIL and Hounslow CIL are therefore material considerations.

9.3 Most new development which creates net additional floor space of 100

square metres or more, or creates a new dwelling, is potentially liable to pay the CIL to Hounslow and the Mayor of London.

9.4 This proposal would not be liable to pay the CIL which is index linked.

10.0 Conclusion

10.1 It is considered that the proposal would represent an appropriate use

for the site taking into consideration the Locally Significant Industrial Estate and other adjoining land uses. The proposal is not considered to impose any unreasonable impacts on adjoining and uses, in particular

the residential properties along Portland Crescent to the south of the

site, subject to appropriate safeguarding conditions set out below.

11.0 RECOMMENDATION:

That planning permission is granted subject to the following conditions:

Conditions:

1 The development hereby permitted shall be begun before the expiration of three years from the date of this

permission.

2 The proposed development shall be carried out in all

respects in accordance with the proposals contained in the application and the plans submitted (MK/CL/2021/1; MK/CL/2021/2; MK/CL/2021/3; MK/CL/2021/4;

MK/CL/2021/5; &Planning Statement, dated April 2021 (received 26 April 2021) therewith and approved by the

Local Planning Authority, or as shall have been otherwise agreed in writing by the Local Planning Authority before the building is used.

Reason: To ensure the development is carried out in accordance with the planning permission.

3 No deliveries, loading and unloading shall be carried out at the premises between 1800 and 0800hrs the

following day or on Sunday or Public Holidays

Reason: To safeguard the amenities of nearby residential properties

4 No industrial nor storage activity shall be carried on outside the building subject to this permission without

prior written permission of the Local Planning Authority

Reason: To ensure that the proposed development does not prejudice the amenities of the locality

5

The two south facing roller shutter doors are to remain closed at all times, other than when vehicles are

entering and existing the building Reason: To safeguard the amenities of nearby

residents

6 The building shall not be occupied for the use hereby approved until full details (including manufacturers

specifications) of secure covered 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 conform to current guidance such as the TfL London

Cycling Design Standards in design and layout and be fully implemented and be made available for

use before the first occupation of the development and thereafter retained for use at all times without obstruction.

Reason: To support sustainable transport objectives in

accordance with adopted local plan policy EC2

7 The building shall not be occupied for the use hereby

approved until an Operational Management Plan shall have been submitted to, and approved in writing by the

Local Planning Authority. The approved Plan shall be adhered to at all times.

Reason: In the interests of highway safety and conditions together with the living conditions of surrounding

residents.

Informatives:

1 To assist applicants, the London Borough of Hounslow has produced planning policies and written guidance, all of which is available on the Council's website and which has been followed in

this instance. The decision was made in a timely manner.

2 You are advised that the proposed development is noted within our records to be located within 250m of a former landfill site. Therefore we advise that either the site is investigated for the

presence of landfill gas to ascertain whether gas protection measures are required or that gas protection measures are installed

as a precautionary measure. Please contact the Land Quality Team on landquality@hounslow.gov.uk if you require any advice. REASON:

The site lies on, or in close proximity to, a former landfill site and the Local Planning Authority wishes to ensure that the development

does not give rise to any potential risk from landfill gas migration. Supporting notes: a. The Council do not provide a landfill gas monitoring service, but

Environmental Consultancies can be employed to undertake this work.

b. In the case of small developments or extensions it is believed to be often cheaper to install basic gas protection as a precautionary

measure. However, please note that the level of protection required may vary depending on the nature of the site. Further information is

available from the Land Quality pages of the Council's website. c. We request that any site investigation reports or site plans sent to us be sent electronically to the email address above or by post

on a cd or dvd wherever possible.