report of the head of planning & enforcement services lbh ... · central & south planning...

Central & South Planning Committee - 16th December 2010

PART 1 - MEMBERS, PUBLIC & PRESS

14 YEADING LANE HAYES

Change of use from Guest House B & B to Class D1 Non-residentialInstitutions for Womens Education and Recreation Institute (involvingformation of staff car parking area to rear). RETROSPECTIVEAPPLICATION

06/07/2010

Report of the Head of Planning & Enforcement Services

Address

Development:

LBH Ref Nos: 1104/APP/2010/1568

Drawing Nos: 1353-03/FP1353-01/FP1353-02/FP1353-04/FPProposed Timetable of useDesign and Access Statement

Date Plans Received: 06/07/2010

08/07/2010

02/09/2010

18/11/2010

Date(s) of Amendment(s):

1. SUMMARY

Policy OE1 states permission will not be granted for uses which are likely to becomedetrimental to the character or amenities of surrounding properties, and Policy OE3 dealswith development which has the potential to cause noise annoyance. Policy BE13 of theAdopted Hillingdon UDP (Saved Policies, September 2007) states that development willnot be permitted if the layout and appearance fail to harmonise with the existing streetscene, and BE19 states the LPA will seek to ensure that new development withinresidential areas compliments or improves the amenity and character of the area.

The application seeks permission to change to use of a Guest House (B&B) to a D1 Non-residential institution for use of a Womens Education and Recreational Institute. Therewould be no alterations to the exterior of the building save the formation of a staff carparking area to the rear. The site is situated within a residential area although there is ahotel 40m to the south of the site. The revised application would provide offices,reception, kitchen/utility, activity area and 1 classroom at ground floor, and 4 furtherclassrooms at first floor level. The design and access statement comments there wouldbe a maximum of 40 women on the site at any one time. The proposed timetableindicates the institute would be open on Monday from 10am to 1pm, Thursday from10am to 1pm and on Friday from 10am to 12 noon, and that the site would be closed onTuesdays, Wednesdays, Saturdays and Sundays.

The application, as submitted included a weekend use, to provide lessons for children,this has now been removed from the scheme.

It is considered the revised application would now be considered acceptable, and thatany material loss of residential amenity would be satisfactorily addressed throughproposed safeguarding conditions. As such the proposal is considered to comply with allrelevant policies contained in the UDP (Saved Policies September 2007) and thereforethe proposal is recommended for Approval

08/07/2010Date Application Valid:



APPROVAL subject to the following:

OM1

HLC5

RCU2

NONSC

H6

Development in accordance with Approved Plans

Hours of operation

Use Within Same Use Class

control of noise

Car parking provision - submission of details

The development shall not be carried out otherwise than in strict accordance with theplans hereby approved unless consent to any variation is first obtained in writing from theLocal Planning Authority.

REASONTo ensure that the external appearance of the development is satisfactory and complieswith Policies OE1, OE3, BE13 and BE15 of the Hillingdon Unitary Development PlanSaved Policies (September 2007).

No persons shall be permitted on the premises except between the hours of 10.00 hoursand 13.00 hours on Mondays, Thursdays and Fridays. No persons shall be permitted onthe site at any time on Tuesdays, Wednesdays, Saturdays or Sundays. The maximumnumber of persons on site at any one time shall not exceed 40 persons.

REASONTo safeguard the residential amenity of the occupiers of adjoining and nearby propertiesin accordance with Policy OE3 of the Hillingdon Unitary Development Plan SavedPolicies (September 2007).

The premises shall be used for a `Women's Education and recreation Institute 'asspecified in the amended Design and Access Statement dated 18th November 2010 andfor no other purpose (including any other purpose in Class D1 of the Schedule to theTown and Country Planning (Use Classes) Order 1987).

REASONSpecify, in accordance with Policy OE1 and OE3 of the Hillingdon Unitary DevelopmentPlan Saved Policies (September 2007).

Within 3 calendar months of the date of this decision, a scheme which specifies theprovisions to be made for the control of noise emanating from the site shall be submittedto and approved in writing by the Local Planning Authority. The scheme shall includesuch combination of physical, administrative and other measures as may be approved bythe Local Planning Authority. If these details fail to be agreed within three months of theirsubmission, the use shall cease until agreement has been reached. Thereafter, thescheme shall be implemented retained and maintained in full compliance with theapproved measures. REASONTo safeguard the amenity of the surrounding area in accordance with policy OE1 of theHillingdon Unitary Development Plan Saved Policies (September 2007).

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2. RECOMMENDATION



H15

OM5

M3

Cycle Storage - In accordance with approved plans

Provision of Bin Stores

Boundary treatment - details

Notwithstanding the details shown on approved drawing no 1353-02/FP received 6th July2010, within 3 calendar months of the date of this decision, details of the parkingarrangements, including surfacing of the rear parking area, shall be submitted to andapproved in writing by the Local Planning Authority. If these details fail to be agreedwithin three months of their submission, the use shall cease until agreement has beenreached. Once these details have been approved these shall be implemented within afurther 3 calendar months of this approval and thereafter be retained and used for noother purposes.

REASONTo ensure that adequate facilities are provided in accordance with Policies AM14, AM15and the parking standards as set out in the adopted Hillingdon Unitary Development PlanSaved Policies (September 2007).

Within 3 calendar months of the date of this decision, details of covered and secure cyclestorage, shall be submitted to and approved in writing by the Local Planning Authority. Ifthese details fail to be agreed within three months of their submission, the use shallcease until agreement has been reached. Once these details have been approved theseshall be implemented within a further 3 calendar months of this approval and thereafterbe retained and used for no other purposes.

REASONTo ensure the provision and retention of facilities for cyclists to the development andhence the availability of sustainable forms of transport to the site in accordance withPolicy AM9 of the Hillingdon Unitary Development Plan Saved Policies (September 2007)and Chapter 3C of the London Plan. (February 2008).

Notwithstanding the details shown on approved drawing no 1353-02/FP received 6th July2010, within 3 calendar months of the date of this decision, details of the on-site refusestorage, including screening, shall be submitted to and approved in writing by the LocalPlanning Authority. If these details fail to be agreed within three months of theirsubmission, the use shall cease until agreement has been reached. Once these detailshave been approved these shall be implemented within a further 3 calendar months ofthis approval and thereafter be permanently retained.

REASONTo ensure a satisfactory appearance and in the interests of the amenities of theoccupiers and adjoining residents, in accordance with Policy OE3 of the HillingdonUnitary Development Plan Saved Policies (September 2007).

Within 3 calendar months of the date of this decision, a plan showing details of thepositions, design, materials and type of boundary treatment to be erected, shall besubmitted to and approved in writing by the Local Planning Authority. If these details failto be agreed within three months of their submission, the use shall cease until agreementhas been reached. Once these details have been approved these shall be implementedwithin a further 3 calendar months of this approval and shall be permanently retainedthereafter.

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7

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NONSC

N14

NONSC

Management plan

Control of amplified sound

deliveries and collections

REASONTo safeguard the visual amenities of the area in accordance with Policy BE13 of theHillingdon Unitary Development Plan Saved Policies (September 2007).

Within 3 calendar months of the date of this decision a Site Management SupervisionPlan shall be submitted and approved in writing by the Local Planning Authority. TheSite Management Supervision Plan shall include details of:1. The information contained in the supporting planning statements including a). how the site will operate, b). maximum number of persons at the site at any one time not exceeding 40 and howthis would be controlled, c). age range of persons attending the site (i.e. to confirm the applicants statementthat children will not be attending the site), d). staffing levels, e). car parking details/traffic impact information2. Maintenance of landscaping on the site along the road frontage area3. Mowing of grassed areas and maintenance of landscaped areas4. Repairing of broken fencing, gates and other enclosures, and 5. Repairing of damaged or broken external facades of buildings.

Once these details have been approved these shall be implemented with immediateeffect. If these details fail to be agreed within three months of their submission, the useshall cease until agreement has been reached. The approved plan shall be implementedand carried out in accordance with this approved schedule for as long as the usecontinues thereafter.

REASONTo ensure that the site is properly maintained, and to accord with the terms of theplanning application, and improve the appearance of the site when viewed from the streetand in accordance with Policies BE13 and BE15 of the Hillingdon Unitary DevelopmentPlan Saved Policies (September 2007).

No amplified sound shall be used on the site until a scheme for the control of noiseemanating from the site has been submitted to and approved in writing by the LocalPlanning Authority. The scheme shall be fully implemented before any amplification takesplace and thereafter be retained and maintained in good working order for so long as thebuilding remains in the use hereby approved.

REASONTo safeguard the amenity of the occupants of surrounding properties in accordance withPolicy OE1 of the Hillingdon Unitary Development Plan Saved Policies (September 2007)and Policy 4A.20 of the London Plan (February 2008).

Any deliveries and collections to the site shall be restricted to the following hours: 0800 to1800 on Monday to Friday. No collections or deliveries shall be allowed on Saturdays,Sundays, Bank or Public Holidays.

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10

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NONSC

TL5

TL6

air conditioning units

Landscaping Scheme - (full apps where details are reserved)

Landscaping Scheme - implementation

REASONTo safeguard the residential amenity of the occupiers of adjoining and nearby propertiesin accordance with Policy OE3 of the Hillingdon Unitary Development Plan (SavedPolicies September 2007).

No air conditioning units or any other plant or machinery shall be used on the premisesuntil a scheme for the control of noise and odour emanating from the site has beensubmitted to and approved in writing by the Local Planning Authority. The scheme shallinclude such combination of measures as may be approved by the LPA. Thereafter, thescheme shall be implemented and maintained in full compliance with the approvedmeasures.

REASONTo safeguard the residential amenity of the occupiers of adjoining and nearby propertiesin accordance with Policy OE3 of the Hillingdon Unitary Development Plan (SavedPolicies September 2007).

Within 3 calendar months of the date of this decision a landscaping scheme providing fulldetails of hard and soft landscaping works shall be submitted to and approved in writingby the Local Planning Authority. If these details fail to be agreed within three months oftheir submission, the use shall cease until agreement has been reached. These worksshall be carried out as approved. The scheme shall include: -· Planting plans (at not less than a scale of 1:100),· Written specification of planting and cultivation works to be undertaken,· Schedule of plants giving species, plant sizes, and proposed numbers/densities whereappropriate,· Implementation programme.The scheme shall also include details of the following: -· Proposed finishing levels or contours,· Means of enclosure,· Car parking layouts,- Other vehicle and pedestrian access and circulation areas,- Hard surfacing materials proposed,· Minor artefacts and structures (such as play equipment, furniture, refuse storage, signs,or lighting),· Existing and proposed functional services above and below ground (e.g. drainage,power cables or communications equipment, indicating lines, manholes or associatedstructures),

REASONTo ensure that the proposed development will preserve and enhance the visual amenitiesof the locality in compliance with policy BE38 of the Hillingdon Unitary Development PlanSaved Policies (September 2007).

All hard and soft landscaping shall be carried out in accordance with the approvedlandscaping scheme and shall be completed within the first planting and seedingseasons following the completion of the development or the occupation of the buildings,

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14



TL7

DIS1

DIS2

Maintenance of Landscaped Areas

Facilities for People with Disabilities

Access to Buildings for People with Disabilities

whichever is the earlier period.

The new planting and landscape operations should comply with the requirementsspecified in BS 3936 (1992) 'Nursery Stock, Part 1, Specification for Trees and Shrubs'and in BS 4428 (1989) 'Code of Practice for General Landscape Operations (ExcludingHard Surfaces)'. Thereafter, the areas of hard and soft landscaping shall be permanentlyretained.

Any tree, shrub or area of turfing or seeding shown on the approved landscaping schemewhich within a period of 5 years from the completion of development dies, is removed orin the opinion of the Local Planning Authority becomes seriously damaged or diseasedshall be replaced in the same place in the next planting season with another such tree,shrub or area of turfing or seeding of similar size and species unless the Local PlanningAuthority first gives written consent to any variation.

REASONTo ensure that the landscaped areas are laid out and retained in accordance with theapproved plans in order to preserve and enhance the visual amenities of the locality incompliance with policy BE38 of the Hillingdon Unitary Development Plan Saved Policies(September 2007).

Within 3 calendar months of the date of this decision, a schedule of landscapemaintenance for a minimum period of 5 years has been submitted to and approved inwriting by the Local Planning Authority. . If these details fail to be agreed within threemonths of their submission, the use shall cease until agreement has been reached. Thescheme shall include details of the arrangements for its implementation. Maintenanceshall be carried out in accordance with the approved schedule.

REASONTo ensure that the approved landscaping is properly maintained in accordance withpolicy BE38 of the Hillingdon Unitary Development Plan (September 2007).

All the facilities designed specifically to meet the needs of people with disabilities that areshown on the approved plans shall be provided within 3 calendar months of the date ofthe decision and thereafter permanently retained.

REASONTo ensure that adequate facilities are provided for people with disabilities in accordancewith Policies AM13 and R16 of the Hillingdon Unitary Development Plan Saved Policies(September 2007) and London Plan (February 2008) Policies 3A.13, 3A.17 and 4B.5.

Notwithstanding the details shown on approved drawing no 1353-04/FP received 2ndSeptember 2010, within 3 calendar months of the date of this decision, details of accessto building entrances (to include ramped/level approaches, signposting, types anddimensions of door width and lobby openings) to meet the needs of people withdisabilities shall be submitted to and approved in writing by the Local Planning Authority.If these details fail to be agreed within three months of their submission, the use shallcease until agreement has been reached. Once these details have been approved these

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MCD9

SUS5

No External Storage

Sustainable Urban Drainage

shall be implemented within a further 3 calendar months of this approval and shall beretained thereafter.

REASONTo ensure that people with disabilities have adequate access to the development inaccordance with Policy R16 of the Hillingdon Unitary Development Plan Saved Policies(September 2007) and London Plan Policies (February 2008) Policies 3A.13, 3A.17 and4B.5.

No display, placing or storage of goods, materials, or equipment shall take place otherthan within the buildings.

REASONIn the interests of amenity and to ensure that external areas are retained for thepurposes indicated on the approved plans in accordance with Policy OE1 of theHillingdon Unitary Development Plan Saved Policies (September 2007) and London Plan(February 2008) Policy 4B.1.

Within 3 months of the date of this permission, details of the incorporation of sustainableurban drainage shall have been submitted to, and approved in writing by the LocalPlanning Authority. The approved details shall thereafter be installed on site andthereafter permanently retained and maintained.

REASONTo ensure that surface water run off is handled as close to its source as possible incompliance with policy 4A.14 of the London Plan (February 2008) and to ensure thedevelopment does not increase the risk of flooding contrary to Policy OE8 of theHillingdon Unitary Development Plan Saved Policies (September 2007), polices 4A.12and 4A.13 of the London Plan (February 2008) and PPS25.

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I52

I53

Compulsory Informative (1)

Compulsory Informative (2)

1

2

INFORMATIVES

The decision to GRANT planning permission has been taken having regard to all relevantplanning legislation, regulations, guidance, circulars and Council policies, including TheHuman Rights Act (1998) (HRA 1998) which makes it unlawful for the Council to actincompatibly with Convention rights, specifically Article 6 (right to a fair hearing); Article 8(right to respect for private and family life); Article 1 of the First Protocol (protection ofproperty) and Article 14 (prohibition of discrimination).

The decision to GRANT planning permission has been taken having regard to thepolicies and proposals in the Hillingdon Unitary Development Plan Saved Policies(September 2007) set out below, including Supplementary Planning Guidance, and to allrelevant material considerations, including the London Plan (February 2008) and nationalguidance.



I1

I2

I3

Building to Approved Drawing

Encroachment

Building Regulations - Demolition and Building Works

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You are advised this permission is based on the dimensions provided on the approveddrawings as numbered above. The development hereby approved must be constructedprecisely in accordance with the approved drawings. Any deviation from these drawingsrequires the written consent of the Local Planning Authority.

You are advised that if any part of the development hereby permitted encroaches byeither its roof, walls, eaves, gutters, or foundations, then a new planning application willhave to be submitted. This planning permission is not valid for a development that resultsin any form of encroachment.

Your attention is drawn to the need to comply with the relevant provisions of the BuildingRegulations, the Building Acts and other related legislation. These cover such works as -the demolition of existing buildings, the erection of a new building or structure, theextension or alteration to a building, change of use of buildings, installation of services,underpinning works, and fire safety/means of escape works. Notice of intention todemolish existing buildings must be given to the Council's Building Control Service atleast 6 weeks before work starts. A completed application form together with detailedplans must be submitted for approval before any building work is commenced. For further

OE1

OE3

BE13

BE15

H2

H3

R10

R13

AM7

AM14

BE19

BE20

BE21

BE38

AM13

R16

Protection of the character and amenities of surrounding propertiesand the local areaBuildings or uses likely to cause noise annoyance - mitigationmeasuresNew development must harmonise with the existing street scene.

Alterations and extensions to existing buildings

Restrictions on changes of use of residential properties

Loss and replacement of residential accommodation

Proposals for new meeting halls and buildings for education, social,community and health servicesUse of residential accommodation for educational and child carepremisesConsideration of traffic generated by proposed developments.

New development and car parking standards.

New development must improve or complement the character of thearea.Daylight and sunlight considerations.

Siting, bulk and proximity of new buildings/extensions.

Retention of topographical and landscape features and provision ofnew planting and landscaping in development proposals.AM13 Increasing the ease of movement for frail and elderly peopleand people with disabilities in development schemes through(where appropriate): - (i) Dial-a-ride and mobility bus services(ii) Shopmobility schemes(iii) Convenient parking spaces(iv) Design of road, footway, parking and pedestrian and streetfurniture schemesAccessibility for elderly people, people with disabilities, women andchildren



I6

I15

I34

Property Rights/Rights of Light

Control of Environmental Nuisance from Construction Work

Building Regulations 'Access to and use of buildings'

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information and advice, contact - Planning & Community Services, Building Control,3N/01 Civic Centre, Uxbridge (Telephone 01895 250804 / 805 / 808).

Your attention is drawn to the fact that the planning permission does not overrideproperty rights and any ancient rights of light that may exist. This permission does notempower you to enter onto land not in your ownership without the specific consent of theowner. If you require further information or advice, you should consult a solicitor.

Nuisance from demolition and construction works is subject to control under The Controlof Pollution Act 1974, the Clean Air Acts and other related legislation. In particular, youshould ensure that the following are complied with: -

A) Demolition and construction works should only be carried out between the hours of08.00 hours and 18.00 hours Monday to Friday and between the hours of 08.00 hoursand 13.00 hours on Saturday. No works shall be carried out on Sundays, Bank andPublic Holidays.

B) All noise generated during such works should be controlled in compliance with BritishStandard Code of Practice BS 5228: 1984.

C) The elimination of the release of dust or odours that could create a public healthnuisance.

D) No bonfires that create dark smoke or nuisance to local residents.

You are advised to consult the Council's Environmental Protection Unit, 3S/02, CivicCentre, High Street, Uxbridge, UB8 1UW (Tel.01895 277401) or to seek prior approvalunder Section 61 of the Control of Pollution Act if you anticipate any difficulty in carryingout construction other than within the normal working hours set out in (A) above, and bymeans that would minimise disturbance to adjoining premises.

Compliance with Building Regulations 'Access to and use of buildings' and DisabilityDiscrimination Act 1995 for commercial and residential development.

You are advised that the scheme is required to comply with either:-

· The Building Regulations 2000 Approved Document Part M 'Access to and use ofbuildings', or with· BS 8300:2001 Design of buildings and their approaches to meet the needs of disabledpeople - Code of practice. AMD 15617 2005, AMD 15982 2005.

These documents (which are for guidance) set minimum standards to allow residents,workers and visitors, regardless of disability, age or gender, to gain access to and withinbuildings, and to use their facilities and sanitary conveniences.

You may also be required make provisions to comply with the Disability DiscriminationAct 1995. The Act gives disabled people various rights. Under the Act it is unlawful foremployers and persons who provide services to members of the public to discriminateagainst disabled people by treating them less favourably for any reason related to their



I25

I47

Consent for the Display of Adverts and Illuminated Signs

Damage to Verge

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3.1 Site and Locality

The application site is located on the eastern side of Yeading Lane approximately 100m tothe north of its junction with Uxbridge Road. The site has an area of over 900m2 and isrelatively flat. The existing building comprises a 2-storey bed and breakfast building withsingle storey elements to the front, sides and rear. The frontage has been laid tohardstanding and provides off street parking for 6 plus vehicles and there is a vehicularaccess point to the rear accessed via Dorchester Waye. Whilst, the nearby UxbridgeRoad is commercial in character and appearance, this site is surrounded on all sides byresidential properties. The site is within a `developed area' as identified in the HillingdonUnitary Development Plan (UDP) (Saved Policies September 2007).

disability, or by failing to comply with a duty to provide reasonable adjustments. Thisduty can require the removal or modification of physical features of buildings provided itis reasonable.

The duty to make reasonable adjustments can be effected by the Building Regulationcompliance. For compliance with the DDA please refer to the following guidance: -

· The Disability Discrimination Act 1995. Available to download from www.opsi.gov.uk

· Disability Rights Commission (DRC) Access statements. Achieving an inclusiveenvironment by ensuring continuity throughout the planning, design and management ofbuilding and spaces, 2004. Available to download from www.drc-gb.org.

· Code of practice. Rights of access. Goods, facilities, services and premises. Disabilitydiscrimination act 1995, 2002. ISBN 0 11702 860 6. Available to download fromwww.drc-gb.org.

· Creating an inclusive environment, 2003 & 2004 - What it means to you. A guide forservice providers, 2003. Available to download from www.drc-gb.org.

This is not a comprehensive list of Building Regulations legislation. For furtherinformation you should contact Building Control on 01895 250804/5/6.

This permission does not authorise the display of advertisements or signs, separateconsent for which may be required under the Town and Country Planning (Control ofAdvertisements) Regulations 1992. [To display an advertisement without the necessaryconsent is an offence that can lead to prosecution].

You are advised that care should be taken during any building works to ensure nodamage occurs to the verge or footpaths. Any damage will require to be made good tothe satisfaction of the Council and at the applicant's expense. For further information andadvice contact - Highways Maintenance Operations, Central Depot - Block K, HarlingtonRoad Depot, 128 Harlington Road, Hillingdon, Middlesex, UB3 3EU (Tel: 01895 277524).

3. CONSIDERATIONS



3.2 Proposed Scheme

The application seeks planning permission for the change of use from a Guest House toClass D1 (Non-residential Institutions) for Womens Education and Recreation Institute(involving formation of staff car park area to rear).

A revised design and access statement and proposed timetable has been submitted forthe application and this clarifies how the site will be run/used. This indicates the classeswill only be held on Mondays, Thursdays and Fridays, between the hours of 10am and1pm. The proposed weekend uses involving children's classes have now been withdrawnfrom the scheme.

1104/APP/2003/2534

1104/APP/2007/3289

1104/APP/2008/3035

1104/APP/2009/1446

1104/APP/2009/236

1104/G/87/2111

1104/J/87/1707

Ashley Lodge 14 Yeading Lane Hayes Middx

14 Yeading Lane Hayes






ERECTION OF A THREE STOREY BLOCK OF FLATS CONTAINING 12 UNITS WITHASSOCIATED PARKING FOR 10 VEHICLES (INVOLVING DEMOLITION OF EXISTINGBUILDING)

ERECTION OF A THREE STORY RESIDENTIAL BUILDING TO ACCOMMODATE 10 FLATSWITH ASSOCIATED PARKING AND AMENITY SPACE (OUTLINE APPLICATION).

Conversion of Bed and Breakfast to 2 three-bedroom and 1 two-bedroom flats.

Conversion of existing dwelling to 2 three-bedroom and 1 two-bedroom flats with associatedparking and vehicular crossover

Conversion from Bed and Breakfast accommodation to 2, three-bedroom flats and 1, two-bedroom flat

Change of use from residential/doctors surgery to guest house

24-12-2003

26-02-2008

15-12-2008

10-09-2009

02-04-2009

24-02-1988

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Refused

Refused

Refused

Withdrawn

Withdrawn

Approved

3.3 Relevant Planning History



4. Planning Policies and Standards

UDP / LDF Designation and London Plan

The following UDP Policies are considered relevant to the application:-

Part 1 Policies:

OE1

OE3

Protection of the character and amenities of surrounding properties and the localarea

Buildings or uses likely to cause noise annoyance - mitigation measures

Part 2 Policies:

1104/L/89/0320

1104/M/90/1792

1104/P/95/1183

1104/R/96/1631





Erection of a single-storey front extension

Change of use of property from mixed residential/ guest house to a guest house use only

Erection of a single storey side and rear extension to provide increased accommodation as partof a self-contained three-bedroom single family unit to be used in association with the use of thefirst floor as a guest house

Erection of a two storey side extension and single storey side and rear extension to guest houseto provide 4 additional letting bedrooms and one additional bedroom for the existing privateresidential accommodation

Erection of two single storey side extensions and a single storey rear extension to guest houseto provide one additional letting bedroom and enlargement of existing private residentialaccommodation

02-12-1987

22-02-1989

28-10-1991

06-11-1995

19-02-1997

Decision:

Decision:

Decision:

Decision:

Decision:

Approved

NFA

Approved

Refused

Approved

Comment on Relevant Planning History

DismissedAppeal: 22-08-1996



BE13

BE15

H2

H3

R10

R13

AM7

AM14

BE19

BE20

BE21

BE38

AM13

R16

New development must harmonise with the existing street scene.

Alterations and extensions to existing buildings

Restrictions on changes of use of residential properties

Loss and replacement of residential accommodation

Proposals for new meeting halls and buildings for education, social, communityand health services

Use of residential accommodation for educational and child care premises

Consideration of traffic generated by proposed developments.

New development and car parking standards.

New development must improve or complement the character of the area.

Daylight and sunlight considerations.

Siting, bulk and proximity of new buildings/extensions.

Retention of topographical and landscape features and provision of new plantingand landscaping in development proposals.

AM13 Increasing the ease of movement for frail and elderly people and peoplewith disabilities in development schemes through (where appropriate): - (i) Dial-a-ride and mobility bus services(ii) Shopmobility schemes(iii) Convenient parking spaces(iv) Design of road, footway, parking and pedestrian and street furniture schemes

Accessibility for elderly people, people with disabilities, women and children

Not applicable

Advertisement and Site Notice5.

5.1 Advertisement Expiry Date:-

Not applicable5.2 Site Notice Expiry Date:-

6. Consultations

External Consultees

22 letters were sent to interested parties/neighbours and the following response has been received-

14 individual letters of objection2 Petitions submitted objecting to the application, comprising 15 and 23 signatures.32 individual letters of support.1 petition comprising 899 signatures was also received in support of the application.

The comments received in objection to the proposal were as follows -

1. Lack of parking - every Friday and on the weekends, residents drives are blocked by peopleusing the centre - this needs to be addressed, we are unable to park our cars or access ourdriveways2. Yeading Lane is too congested already - this places even more pressure on the road system3. There is already a centre on Long Lane, this one is not required4. The B&B had its own parking, but with the centre there will be many more people expecting topark - even more difficult with the bus lane



5. There are no parking facilities available for visitors, this would cause a lot of disturbance for localresidents especially in Dorchester Waye6. Yeading Road is a busy road, thus a potential hazard for people crossing the road, particularlythe elderly, vulnerable and children7. The site appears to be run as a non-state school, for primary age children, with no licence,planning permission or criminal record checks for the adults managing the children8. The problems do not appear to be limited to any particular day, but is particularly bad on aSaturday when the numbers attending the site appears to be close to 100 - as it stands theproperty at 14 Yeading Lane has a defined parking space for the maximum of 8 cars.9. If the proposed use of the property is to be limited to 30 - there is a clear lack of parkingprovision10. The site already has a long history of refused/withdrawn applications, for conversions to flatteddevelopment11. At no point were residents advised that an educational facility was proposed, and noconsideration has been given to the impact on local residents.12. To allow this proposal would result in the total eradication of parking facilities for the existingresidents of Yeading Lane13. We object to the lack of details contained with the application- as it does not clearly state howthe site will be used in the future, we are concerned that children will use the property and noreference has been made to this.14. Please make the education department aware of the current use of the site - local residents donot want a non-state school near our houses being used at the weekends15. The site is only for Muslim women, the application forms are misleading, giving the indication itis open to all faiths16. No disabled facilities are available for upstairs classes17. The parking on Yeading Lane has already created safety incidents in the road - it is only amatter of time before something serious occurs.18. Our garden joins this site and we have already experienced 30 odd children screaming andshouting, and a lady preaching Islam over a weekend. This is not what we want to hear, it isdisturbing and upsetting, as this is still a pleasant neighbourhood to live.19. The rear access is locked and gated - it took us years to get this and we want to keep it thisway - we don't want any more traffic in this access road. 20. The entrance to the B&B is dangerous - it's opposite a bus stop and close to the traffic lights,near The Grapes Public House - which is very busy.21. Does the council think about us when deciding these applications - it appears it's all aboutmoney not quality of life22. Hayes is becoming like a concrete jungle and shanty town, local people say it's not like it usedto be - why should we move. It appears it's all about knocking down and building up.23. We have seen the amended information submitted and the statement that children are onlythere on the weekend - this is not true - I could hear children at the site on Thursday and by thenoise they were making they were unsupervised. 24. There statement says children are supervised by teachers - well they certainly were not at theend of August/beginning of September, when a fire was caused by them, by them throwingfireworks at a car in the access road which had gas canisters in it. This caused damage anddisruption to surrounding properties and residents, cause the evacuation of properties and thenearby hotel. The police incident No is 02085691212 if you want to check.25. They state they are using the rear access road for staff to park - which we and the police paidto be gated and locked, we all paid for the keys and they keep leaving the gates open.26. Next they will want a mosque here.

The comments received in support of the proposal were as follows -

1. We, the undersigned urge the London Borough of Hillingdon to approve the application2. I fully support the application - it provides desperately needed services



Internal Consultees

EDUCATION AND CHILDRENS SERVICESThe application as it stands would not draw any comment from Education and Children's Servicesas it hasn't any implications on statutory education provision. As for the claims from local residentsthat a school is being established my comments are as follows;a) · Local Authorities do not have any authority to intervene or comment on private educationprovision.b) · Any person or body setting up a private school would need to register with the secretary forstate and obtain a registration number for the school after meeting the required DFE standards.These do differ from the requirements for state schools. c) · CRB checks are the responsibility of the company, charity, group or organization running aschool.d) · The LA will investigate any safeguarding concerns raised and I suggest these are reportedseparately and directly to Children's Services due to their sensitive nature. e) · The LBH also has a statutory duty to ensure all school age children in the borough are inreceipt of education be it state, private or home tuition.

PLANNING OFFICER COMMENTThe application was subsequently amended so as not to include provision for teaching children.

ENVIRONMENTAL PROTECTION UNIT - INITIAL COMMENTSThe proposal currently seeks a change of use from a Guest House bed and breakfast to D1 Nonresidential institution for Womens Education and Recreation Institute retrospectively, to cater for amaximum total of 46 people during weekdays at any given time including teachers and staff withexception of Tuesdays and Wednesdays when the venue will be closed. There are additionalchildren activities at site during the weekends.

The application site is surrounded by residential properties, comprising of family houses flats anddetached dwelling, which are considered in this context as noise sensitive. The design and accessstatement concludes that any potential disturbance to nearby residents could be effectively beminimised by way of restriction on the number of users and hours of the premises. However, EPUdo not think the submissions assesses the potential impact associated with the proposal in relationto disturbance from noise affecting residential amenity given the proposed hours and number ofusers.

3. Please do not close the institute down - it's an asset to society, you can't tell me that a B & B isless cumbersome than an education centre4. It's a great place for ladies who are illiterate and secluded from society, they can socialise whilelearning5. I have lived in the borough for 24 years and there's a great lack of facilities for women who wantto learn about the Islamic faith. It is a safe place for women and children, and they also holdclasses in English as well as Urdu - which is helpful to all6. The centre also provides problem solving for Islamic social issues and helps women who arenew to the UK7. The centre is self funded and is a registered charity8. I receive lessons at the weekend and its giving me a good education9. I travel by bus as it does not affect traffic pressure10. The institute is as important as any school, church or other educational centre11. The majority of people travel to/from the site by bus12. There are no dance parties, e.g. music programs, alcohol drinking, anti social activities, it is apeaceful place13. Parking should not be a problem as there are plenty of spaces in the area.14. I would like to see this near to my house - so people do not have to travel too far



As stated in the design and access statement, the outdoor area is considered vital to the currentuse for adult and recreation as it creates a sitting area during short breaks ¦. In addition to noisedisturbance cause by vehicles affecting sensitive residential amenity, there is added potential noiseimpact associated with use of outdoor sitting areas particularly during the summer months.Furthermore, it has been stated that a maximum of 40 children will use the facility including outdoorareas, during weekends Saturdays and Sundays between the hours of 10am and 1pm. This ispresumably a time when nearby local residents would reasonably be expected to rest duringweekends. The additional information provided by the applicant has not considered the potentialdisturbance from parents dropping and picking up children from the venue during these noisesensitive times.

Furthermore, according to the information contained in the design and access statement, vehicularaccess to the site is restricted to eight parking bays to the rear and front of the institute, which willobviously serve members of staff. There is additional disruption in terms of noise disturbancearising from vehicle drop offs and pick up more especially during the weekends and the applicanthas made no assessment of the potential impact associated with vehicle noise disturbance orprovided mitigating measures given that the frontage has two parking slots. The applicant statesthat significant number of users will be travelling to the venue on foot. EPU reasonably believes thisis a huge assumption to make given the amount of the development.

In view of the above, EPU will recommend a refusal on the grounds of noise and disturbancesaffecting residential amenity because given the context, location, layout and proximity of thedevelopment to residential amenity, EPU do not reasonably believe that the potential noise impacthighlighted can be adequately be mitigated by way of a planning condition.

If further details are provided which addresses the potential noise impact or a significant alterationto the current proposal is made, EPU will be obliged to review our comments.

PLANNING OFFICER COMMENTThe EPU Concerns were put to the applicant (about the potential impact of the proposal onsurrounding residential properties) and new revised details were submitted by the applicant whichclarified the proposed hours of use for the development and removed the weekend use from thescheme. This new information was forwarded to EPU and the following further comments werereceived -

ENVIRONMENTAL PROTECTION UNIT - FINAL COMMENTSI have reviewed the revised schedule of activities and alteration to the timings for the proposedchange of use of the above site and photographs. My memo dated 20th September 2010recommended refusal due to major concerns of disturbance affecting residential amenities in closeproximity to the site, more importantly the proposed weekend children classes. I note thewithdrawal of the weekend activity for children. I have also reviewed the suggested conditions andrecommend some amendment to the condition pertinent to the hours of operation to providerestriction to any weekend activities.

Furthermore, in light with the potential number of people attending the facility during the prescribedhours of operation, it is our opinion that further noise mitigating measures will be relevant tosafeguard the surrounding residential amenity from noise in respect of vehicles, voices, car stereosetc which may arise from the site. Subject to conditions the scheme would be acceptable.

PLANNING OFFICER COMMENTThe proposed amendments to the conditions have been included.

HIGHWAYS ENGINEERWith regard to the staff parking area (to the rear of the site), currently this area comprises the rear



part of the garden and it is grassed. If a permission were to be issued, details of this should besubmitted for approval and then subsequently implemented (within set time frames due to theretrospective nature of the application).

The disabled parking on the frontage is acceptable

With regard to the main issue - drop-off/collections and on-street parking - whilst I am not overlyconcerned about the week day use (due to the proposed hours of operation), there is a concernabout the weekend use due to the area already being at saturation point on these days, particularlywith regard to the on-street parking in the side streets (Dorchester Waye, etc) which is resulting inthe obstruction to the free flow of traffic.

PLANNING OFFICER COMMENTThe proposed weekend use has was subsequently removed from the proposals.

TREES AND LANDSCAPE OFFICERThe site is occupied by a detached building in a double width plot of land on the east side ofYeading Lane. There are no trees on the site and no other significant landscape features whichmight constrain development. However there is an off-site highway tree in the grass verge directlyopposite the front door of the building and another street tree immediately to the south of thesouthern/side boundary.

Landscape Considerations - Soft landscaping to the front garden will provide a welcomeimprovement to the visual quality of the site. There may also be an opportunity to providelandscape enhancement in the rear garden for the benefit of the site users. This could beconditioned. Due to the institutional use of the site, landscape maintenance should also be securedthrough a condition.

Recommendation - No objection subject to conditions TL5, TL6 and TL7.

ACCESS OFFICERIn summary the Access Officer initially raised objection to the scheme under part IV of the DisabilityDiscrimination Act 1995 which legally entitles disabled pupils and students to learn in anenvironment which is barrier free and where discriminatory practices have been eliminated.

Issues with the design were communicated to the applicant who revised the design and layout ofthe scheme, to address disabled access issues.

A revised plan was received. The Access Officer has advised that the revised plans address themajority of disabled access issues, and that the remainder could be dealt with by either planningconditions or informatives.

WASTE AND RECYCLING OFFICERI would make the following comments on the above application regarding waste management.

a) I would recommend allowing space for 1 x 1,100 litre bulk bin to safely and hygienically containthe all the waste. The dimensions of this bin bulk type are given in the table below:-

Bin Size Height Depth Width1,100 litre Eurobin 1,370mm 990mm 1,260mm

If the institution became busy a second bin of the same dimensions could be provided for recycling.b) The material used for the floor / surface of where the bulk bin is stored should be 100 mm thickto withstand the weight of the bins.



7.01

7.02

7.03

The principle of the development

Density of the proposed development

Impact on archaeology/CAs/LBs or Areas of Special Character

Policy H2 of the UDP (Saved Policies September 2007) states the authority will seek toprotect the loss of suitable residential accommodation, and Policy H3 comments that theloss of residential accommodation would not normally be permitted as long as the building(with or without adaptation) is still suitable for residential use or is replaced within theboundary of the site. However, whilst this building was originally constructed as aresidential dwelling, the historical planning records indicate the site gained planningconsent for the change of use from a mixed residential/doctors surgery to a guest housein 1988 (1104/G/87/2111). It is further noted that although it appears there was aresidential element to this use (perhaps managers accommodation), the floor plans shownon the earlier submitted applications give no indication of a separate residential unit thatcould be used independently from the main planning use as a B&B, as such, the proposalwould not result in the loss of a residential unit.

Policy R9 of the UPD (Saved Policies September 2007) states proposals for buildings tobe used for religious and cultural purposes are acceptable in principle if; they can provideadequate parking; any new buildings or extensions would harmonise with theirsurroundings; they do not prejudice the amenities of surrounding properties; accessarrangements are satisfactory; and the proposal would not conflict with other policies inthe plan.

The proposal is considered to comply with this policy as although the site has limitedparking provision, it is situated in an area with reasonable public transport links andfurthermore, the Highway Engineer has not raised an objection to the proposal (asrevised); there are no extensions or new buildings proposed as part of this application;and whilst the site is within a residential area, subject to conditions regarding openingtimes and control of noise, it is not considered the use would prejudice their residentialamenities.

Policy R10 of the UDP (Saved Policies September 2007) provides general support foreducation, social, and community uses subject to other policies in the plan.

Not applicable to this application

c) The collectors should not have to cart a bulk bin more than 10 metres from the point of storageto the collection vehicle (BS 5906 standard).d) The gradient of any path that the bulk bins have to be moved on should ideally be no more than1:20, with a width of at least 2 metres. The surface should be smooth. If the chamber is raisedabove the area where the collection vehicle parks, then a dropped kerb is needed to safely movethe bin to level of the collection vehicle.h) If the value of the construction project is likely to be in excess of £300,000, the Site WasteManagement Plans Regulations 2008 apply. This requires a document to be produced whichexplains how waste arising from the building works will be reused, recycled or otherwise handled.This document needs to prepared before the building work begins.i) The client for the building work should ensure that the contractor complies with the Duty of Carerequirements, created by Section 33 and 34 of the Environmental Protection Act.

PLANNING OFFICER COMMENTConditions are recommended to secure appropriate refuse facilities.

MAIN PLANNING ISSUES7.



7.04

7.05

7.07

7.08

7.09

7.10

7.11

7.12

Airport safeguarding

Impact on the green belt

Impact on the character & appearance of the area

Impact on neighbours

Living conditions for future occupiers

Traffic impact, Car/cycle parking, pedestrian safety

Urban design, access and security

Disabled access




The application seeks to change the use of the existing building, involving the formation ofa staff parking area to the rear of the site. As such, there are no external alterations to thebuilding and the existing frontage would be retained. Therefore the proposal would complywith Policy BE13 of the UDP (Saved Policies September 2007).

The application primarily relates to a change of use, although a staff car parking areawould be formed at the rear of the site. As such it is not considered the proposeddevelopment would result in a material impact to adjoining residential properties by way ofloss of light or outlook and therefore the proposal would comply with policies BE19 andBE21 of the UDP (Saved Policies September 2007).

Issues of noise and disturbance in relation to the proposed use have been dealt underheading `Noise or Air Quality Issues' and highway issues have been dealt with under theTraffic Impact section.


The highway engineer has been consulted in relation to this application and has advisedthat with regard to the drop-off/collections and on-street parking, whilst there would be noobjection to the week day use (due to the proposed hours of operation), there is a concernabout the weekend use as the on street parking in the area is already considered to be atsaturation point on these days, particularly with regard to the side streets (DorchesterWaye, etc) which is resulting in the obstruction of the free flow of traffic.

In relation to the staff parking area (to the rear of the site), currently this area comprisesthe rear part of the garden and it is grassed. If a permission were to be issued, a conditionshould be imposed requiring the details of the scheme to be submitted for approval andthen subsequently implemented (within set time frames due to the retrospective nature ofthe application).

The Highways Officer considers disabled parking in the front set back as acceptable.

As the proposal has now been amended to remove the weekend use, it is thereforeconsidered the proposal would comply with the intensions of AM7 and AM14 of the UDP(Saved Policies September 2007).

The application seeks to change the use of the site from a Guest House and does notinvolve any alterations to the existing building or access arrangements.

The access officer was consulted and following initial concerns the applicant was asked tomake revisions to the plans to improve disabled access. Revised plans were sought and



7.13

7.14

7.15

7.16

7.17

7.18

7.19

Provision of affordable & special needs housing

Trees, landscaping and Ecology

Sustainable waste management

Renewable energy / Sustainability

Flooding or Drainage Issues

Noise or Air Quality Issues

Comments on Public Consultations

have been received following these comments.

Subject to conditions and an informative reminding the applicant of the need to complywith Part M of Building Regulations the proposal is considered to accord with theintensions of Policy 3A.4 of the London Plan (2008).


The Trees and Landscape Officer has been consulted and has commented that the site isoccupied by a detached building in a double width plot of land on the east side of YeadingLane. There are no trees on the site and no other significant landscape features whichmight constrain development. However there is an off-site highway tree in the grassverge directly opposite the front door of the building and another street tree immediately tothe south of the southern/side boundary.

The Design & Access Statement refers to the intention to improve the landscape quality ofthe front garden, which is currently paved over for the benefit of two parking spaces. Softlandscaping to the front garden will provide a welcome improvement to the visual qualityof the site. There may also be an opportunity to provide landscape enhancement in therear garden for the benefit of the site users. This could be dealt with by way of a conditionimposed on any consent granted. Landscape maintenance should also be secured by wayof a condition. Therefore subject to suitable conditions the application is considered toaccord to Policy BE38 of the UDP (Saved Policies September 2007).

The proposal has not provided any details regarding waste management for the site,however, it is considered should a permission be granted, this aspect could be adequatelyaddressed by condition.



Policy OE1 of the UDP (Saved Policies September 2007) states permission will not begranted for uses which are likely to become detrimental to the character or amenities ofsurrounding properties and policy OE3 states buildings or uses which have the potential tocause noise annoyance will only be permitted if the impact can be mitigated. Theapplication has now been amended and the week end / children uses have now beenremoved from the proposal. Due to the proposed limited hours of operation andconfirmation received that no amplified sound would be undertaken on the site unless itcould be satisfactorily mitigated, it is not considered the proposal would result in anymaterial increase in noise and disturbance, over and above the current authorised use ofthe site. As such, it is considered in order to safeguard the amenities of the surroundingoccupiers conditions should be applied relating to the control of noise, hours of operationand limitations of use. Therefore subject to these conditions the proposal is considered toaccord with policies OE1 and OE3 of the UDP (Saved Policies September 2007).

Revised/amended information has been supplied which has removed the weekend andchildren's use from the scheme. Point No.s 3, 10, 15, 19, 24, 25, and 26 written objecting



7.20

7.21

7.22

Planning obligations

Expediency of enforcement action

Other Issues

to the scheme and point No 7 written in support of the proposal are not material to theplanning consideration of this application. The remaining points are addressed in the fullreport.

Not applicable in this case.

Not applicable to this application, as approval is recommended.

None

8. Observations of the Borough Solicitor

When making their decision, Members must have regard to all relevant planninglegislation, regulations, guidance, circulars and Council policies. This will enable them tomake an informed decision in respect of an application.

In addition Members should note that the Human Rights Act 1998 (HRA 1998) makes itunlawful for the Council to act incompatibly with Convention rights. Decisions by theCommittee must take account of the HRA 1998. Therefore, Members need to be awareof the fact that the HRA 1998 makes the European Convention on Human Rights (theConvention) directly applicable to the actions of public bodies in England and Wales. Thespecific parts of the Convention relevant to planning matters are Article 6 (right to a fairhearing); Article 8 (right to respect for private and family life); Article 1 of the First Protocol(protection of property) and Article 14 (prohibition of discrimination).

Article 6 deals with procedural fairness. If normal committee procedures are followed, it isunlikely that this article will be breached.

Article 1 of the First Protocol and Article 8 are not absolute rights and infringements ofthese rights protected under these are allowed in certain defined circumstances, forexample where required by law. However any infringement must be proportionate, whichmeans it must achieve a fair balance between the public interest and the private interestinfringed and must not go beyond what is needed to achieve its objective.

Article 14 states that the rights under the Convention shall be secured withoutdiscrimination on grounds of 'sex, race, colour, language, religion, political or otheropinion, national or social origin, association with a national minority, property, birth orother status'.

9. Observations of the Director of Finance

None

10. CONCLUSION

The application site is within a residential area, and comprises a substantial building with aresidential appearance. The current authorised planning use for the site is a `Bed &Breakfast' or `Guest House'. Due to the proposed hours of operation and providedsatisfactory safeguarding conditions are applied to protect the amenity of nearbyresidential properties, the proposal is considered to comply with relevant saved UDP andLondon Plan policies and therefore the application is recommended for approval.



11. Reference Documents

Hillingdon Unitary Development Plan Saved Policies September 2007The London Plan (2008)

Catherine Hems 01895 250230Contact Officer: Telephone No:

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Site AddressNotes

For identification purposes only.

© Crown Copyright. All rights reserved. London Borough of Hillingdon100019283 2010

Site boundary

This copy has been made by or with

the authority of the Head of Committee

Services pursuant to section 47 of the

Copyright, Designs and Patents

Act 1988 (the Act).

Unless the Act provides a relevant

exception to copyright.

14 Yeading Lane

Hayes

1104/APP/2010/1568

Central and South

Planning Application Ref:

Planning Committee Date

Scale

1:1,250

LONDON BOROUGH OF HILLINGDON

Planning, Environment& Community Services

Civic Centre, Uxbridge, Middx. UB8 1UWTelephone No.: Uxbridge 250111