180 Brockley Road SE4 PDF 306 KB - Council meetings

CommitteePLANNING COMMITTEE (B)Report Title 180 BROCKLEY ROAD SE4 2RRWardBrockleyContributors Kate HaylerClass PART 1 17 JANUARY 2013Reg. Nos. (A) DC/12/80369}(B) DC/12/80370} as revisedApplication datedApplicant28.05.2012, completed 06.07.2012 and revised12.12.2012 & 3.01.2013BPTW Partnership on behalf of AndromedaInvestmentsProposal (A) The demolition of the existing buildings onthe site and the construction of a part two/part three/ part four storey block ,comprising 454.5sqm commercial floorspace (Use Classes A1 (Shops), A2(Financial and Professional), A3(Restaurants and Cafes), B1 (Business),3 studio flats, 11 one bedroom, 9 twobedroom and 2 three bedroom selfcontainedflats, together with refuse andcycle storage, associated highway andpublic realm works.(B) Conservation Area Consent for thedemolition of the existing buildings.Applicant’s Plan Nos.Site Location Plan, AE-000-00L, AE-039-000S,AE-039-00G, AE-039-101, AL-039-00L Rev01,AL-039-00S Rev01, AL-039-00B Rev01, AL-039-00G Rev02, AL-039-00R Rev01, AL-039-001 Rev01, AL-039-002 Rev01, AL-039-003Rev01, , AL-039-005, AL-039-101 Rev02, AL-039-102 Rev02, AL-039-103 Rev02, AL-039-104Rev03, AL-039-105 Rev02, AL-039-107 Rev02,AL-039-111 Rev01, AL-039-112 Rev01,Planning Statement (dated May 2012),Combined Energy and Sustainability Statementfor 180 Brockley Road (VERSION 1.1 datedMay 2012) and 180 Brockley Road AddendumReport (dated August 2012), Air Quality DueDiligence Appraisal (dated March 2008),Statement of Community Involvement (May2012), Sunlight, Daylight and Shadowing Report(dated 16 May 2012) supplemented byadditional information received 30/08/2012,Phase 1 Environmental Risk Assessment (dated

1.3 The wider area comprises largely two to three storey residential Victorian terraceswith the terraces along Brockley Road and Coulgate Street incorporatingcommercial uses at ground floor level. These units provide a number of localamenities including restaurants, fast-food outlets, shops, salons, laundrettes, apost office and pharmacy. This centre, known as Brockley Cross is designated asa Local Hub in the Core Strategy.1.4 The site and surrounding area has been designated as part of the BrockleyConservation Area although the existing garage is listed in the BrockleyConservation Area Appraisal as an element that detracts from the character of theConservation Area as a result of the untidy, poor quality buildings as well as theirnoise and dirt creation.1.5 The site is well served by public transport with access to both rail and overgroundservices from Brockley Station and a number of buses serving Brockley Road.2.0 Planning History2.1 1998 – Planning permission was granted for the change of use of 180 BrockleyRoad SE4 from a workshop and storage to a workshop and M.O.T. bay, erectionof single storey extensions to the front and side and an increase in the height ofthe roof.3.0 Current Planning Applications3.1 The Proposals3.2 The application was initially for the demolition of the existing buildings and canopyon the site of 180 Brockley Road SE4 and the construction of a part two/ partthree/ part four storey block , comprising 482 sqm commercial floor space (UseClasses A1 (Shops), A2 (Financial and Professional), A3 (Restaurants and Cafes),B1 (Business), 3 studio flats, 11 one bedroom, 9 two bedroom and 2 threebedroom self-contained flats, together with refuse and cycle storage, associatedhighway and public realm works. Following minor amendments to the ground floorlayout and materials, the need to accommodate a substation within one of thecommercial units, the proposed commercial floorspace was reduced to 454.5sqm.All other elements of the proposal remain the same.3.3 The proposal would provide two 1-bed, 2-person wheelchair units at raised groundfloor level and no affordable housing. All units would comply with Lifetime HomesStandards. The residential element of the scheme would achieve Code Level 4 ofthe Code for Sustainable Homes and the commercial element would achieveBREEAM ‘Excellent’. The scheme would have a residential density of 227 unitsper hectare or 554.5 habitable rooms per hectare (hrha).3.4 The buildings would form a hard edge around the boundary enclosing a courtyardspace formed by the proposal and the Coulgate Street cottages. The only breakto the built form around the perimeter of the island will be a pedestrian entrance tothe courtyard on the corner of Coulgate Street. The height of the proposal variesalong the frontage, with taller corner blocks of 4 storeys at Brockley Cross and atthe corner of Coulgate Street and Brockley Road and the height along BrockleyRoad gradually reducing to 1 and a half storeys.

3.5 The proposed commercial spaces would be located at ground floor level with theresidential units above ground floor level, except for the two wheelchair unitswhich are at upper ground floor level on the corner of Coulgate Street andFoxberry Road. The residential properties would be served by four circulationcores, two of which are accessed through the courtyard space, one from BrockleyRoad and one from Coulgate Street.3.6 All the residential units would be dual aspect and the majority (except for two unitson the upper floor) would have access to private balconies or terraces. Thecourtyard space would be landscaped to serve as a communal amenity space thatwould be lockable at night to avoid anti social behaviour.3.7 A cycle storage facility is proposed in the small basement which also providesplant space. Additional cycle storage for visitors and the commercial uses areprovided in the courtyard space.3.8 Refuse storage for the majority of the residential units is provided alongside theentrance to the courtyard space. A separate bike store is provided for the coreaccessed from Brockley Road to the north of the site. An internal bin store isproposed to serve the commercial unit on the corner of Coulgate Street and anindicative location shown for the storage of the remaining commercial spacefronting Foxberry Road, although this will be dependant on whether the large unitis occupied as a single unit or let as separate units. Currently this is also shown tocontain the bins for the three studio units.3.9 An electricity sub-station is proposed on the corner of Coulgate Street and isshown indicatively as occupying 25sqm of floorspace.3.10 The scheme proposes air source heat pumps for each flat which would deliversavings in carbon dioxide exceeding 25%.Supporting Documents3.11 A number of supporting documents have been submitted with the application, theyare as follows:Planning Statement3.12 This document describes the site, its context, planning history, details of theproposal and the relevant policies which should be considered in assessing theproposal. The document then goes through the main issues of the scheme – theprinciple of mixed use development, type and mix of housing, the lack of provisionof affordable housing, density, design, heritage, neighbouring amenity, provision ofamenity space and open space, transport, noise, sunlight and daylight, air quality,contamination and renewable energy and sustainability. The statement also setsout draft Heads of Terms of S106 obligations.Design and Access Statement3.13 This document introduces the application site and analyses its context, setting outthe history of the Brockley Conservation Area and of the site, identifying localamenities and transport links and highlighting local resident’s desire for works toCoulgate Street that may include the part pedestrianisation of Coulgate Street,widening the pavement in front of the cottages and limiting traffic to a one wayflow.

The report states that the Council is investigating the feasibility of these works andsets out indicative proposals for the works, highlighting that these are not part ofthe planning application.3.14 The report summarises the findings of the noise report and sunlight and daylightassessments submitted in support of the application (see below) confirming thatthe proposal would not have an unacceptable impact on neighbouring amenity.3.15 In terms of design, the document sets out the aim of the proposal to re-establishthe historic articulation of the perimeter block, defining the public street space andresponding to the existing historic cottages on Coulgate Street. This section of thereport describes the rationale behind the access to the scheme, the arrangementof its uses, architectural language and materials.3.16 The residential accommodation is described in terms of unit numbers, mix, tenure,density and amenity space. The report also addresses issues surrounding accessand servicing including confirmation that the residential units will meet LifetimeHomes standards, details of the two wheelchair units and details of bicycle and binstorage facilities.3.17 The document describes the landscaping proposals for the courtyard space andconfirms that the roof elements with flat roofs will feature substrate based greenroofs. Further detail is provided of the other sustainability measures that will beincorporated into the scheme.3.18 The statement also contains schedules of accommodation, details of materials,views of the proposal and details of the signage for the commercial units.3.19 An addendum Statement was also submitted following negotiation with officers onthe proposed materials for the scheme. This provides details and views of theagreed materials and shows precedents of where similar materials have beenused.Daylight, Sunlight and Overshadowing Report and Additional Information3.20 The applicant has submitted a sunlight and daylight assessment is support of theplanning application. Following queries from officers, a further supplementarydocument was submitted providing additional information on the windows of theCoulgate Street cottages. The reports assess the impact of the proposeddevelopment on the sunlight and daylight received by the surrounding properties.3.21 In terms of sunlight, the report finds that the majority of the surrounding propertieswill not be materially effected by the proposal. There will be some loss of sunlightto individual windows at 2 and 2b Coulgate Street and 169 Brockley Road thatexceed the acceptable standards set out in the BRE Guidance. In all of thesecases, the rooms affected are served by additional windows. The report thereforeconcludes that these rooms will still receive good levels of sunlight. The reportfinds that there will be some loss of sunlight to two windows at 3 Coulgate Street,however, given that the upper floor of this property is dual aspect and served by 3windows, it concludes that the total levels of light entering this room will besufficient. The report concludes that given the urban location, these results arenot unusual.

3.22 In terms of daylighting, the report finds that the majority of the surroundingbuildings will not be materially affected by the proposed development. There willbe some loss of daylight to windows at 2 and 2b Coulgate Street, but given thatthese rooms are served by more than one window, the mean of these windowshas been taken (in accordance with paragraph 2.2.6 of the BRE Guidance) andthe report and additional information confirm that occupants of these propertiesshould not be adversely affected by the development.3.23 The proposed development would result in a loss of daylighting to 2 windows at 3Coulgate Street when assessed using the Vertical Sky Component (VSC). At 24%(0.75 of the existing conditions), the mean VSC would be below 27% andmarginally less than 0.8 of the existing situation. As suggested in the BREGuidance, there will therefore be a perceptible loss in the daylight levels receivedin this room. The applicant has provided additional information regarding thesewindows which sets out that the existing window to the rear is currently blocked bythe canopy on the forecourt of the existing site and the roof of the single storeyoffice building. Because of the shape of the canopy and the unusual obstructionthis causes, it is not possible to calculate the ADF figure for this property (as issuggested in the BRE Guidance) as the obstruction cannot be modelled. Theapplicant has instead carried out a qualitative assessment of the conditions to thiswindow. As set out above, the window is currently obstructed by the officebuilding and canopy that are situated 900mm and 1400mm from the windowrespectively. The majority of the height of the window is obscured which results inthe outlook from this window being extremely limited. The proposal would result inthe demolition of the existing canopy and office building and the construction of a3 storey block, 3600mm away from the affected window. The additionalinformation concludes that the quality of the aspect will improve and points out thatthis is the one room of the many around the site that does not quite satisfy theguidance. The information also sets out that the BRE document is only guidanceand that the benefits of the scheme should be assessed against the loss ofdaylight to this one room.3.24 The report finds that there will be some loss of daylight to the window at 5Coulgate street, but the report states that this window is likely to serve a stairwell.There will be some loss of daylight to the windows serving the living space abovethe Brockley Barge. As the loss will be in excess of the 20% requirement set outin the BRE Guidance for Vertical Sky Component (VSC) additional testing hasbeen carried out on the windows which confirms that they will achieve well inexcess of the necessary Average Daylight Factor (ADF) for living areas.Transport Assessment3.25 The submitted report sets out the context of the site in terms of its accessibility tonon-car modes of transport which is good (PTAL 4) with good access to nearbyBrockley Station, various bus routes along Brockley Road and Coulgate Streetforming part of the London Cycle Network. The report confirms that the proposeddevelopment would be car free and would provide secure cycle storage for boththe commercial and residential elements.3.26 The report assesses the current use of the site on a basis of a traffic survey of thejunctions between Coulgate Street and Brockley Road and Coulgate Street andFoxberry Road to establish the existing trip generation and compares this with thelikely trip generation for the proposed development.

It concludes that there will be a slight increase in vehicle trips as a result of thedevelopment but that this is not enough of an increase to be material in trafficengineering terms.3.27 The report sets out the suggested improvements for the surrounding road networktowards which the applicant would make a s106 contribution. While the reportsets out a schedule of works, it is worth noting that the actual works will be carriedout by the Council and that the works carried out will be dependant on theoutcome of a consultation exercise undertaken by the Council’s Highwaysdepartment. The form of the final improvements to Coulgate Street that will becarried out by the Council therefore might be different to those shown as indicativeimprovements in the application documents. The works listed in the TransportAssessment can only be viewed as suggested works. These include:• Coulgate Street to become one-way northbound from Foxberry Road toBrockley Road;• Widening of the footway on the eastern side of Coulgate Street;• Pedestrian refuge, drop kerbs and tactile paving on Coulgate Street at thejunction with Brockley Road;• Rationalisation of the on-street parking on Coulgate Street;• Closure of the existing crossovers on Foxberry Road and Brockley Road andthe re-instatement of the footway3.28 These suggested works would result in a rationalisation of the existing parkingspaces on Coulgate Street and would re-provide 13 of the existing parking spacesin the form of 6 short stay parking spaces; 1 loading bay; 2 drop off spacesadjacent to Brockley Station; 3 taxi spaces and 1 disabled space.3.29 Two further disabled spaces and a loading bay/3 short stay parking bay would beprovided on Foxberry Road.3.30 The report includes details of 2 parking surveys carried out during the day toassess commuter parking and at night to asses residential parking. During theday, the survey confirms that there are 437 parking spaces available within 600mof the station to accommodate commuter parking during the day. Following thedevelopment (and including the suggested works to Coulgate Street), there wouldbe 395 available. At night, the survey confirms that there are 111 spacesavailable within 200 m of the site. Following the development (and including thesuggested works to Coulgate Street), there would be 68 spaces within 200m of thesite available. The report concludes that there will be no adverse impact onparking as a result of the suggested works.Energy Sustainability Statement:3.31 This report confirms that the scheme has been designed to follow the Mayor’senergy hierarchy and that the scheme will meet Code Level 4 of the Code forSustainable Homes and BREEAM ‘Excellent’ for the commercial element. Thescheme incorporates passive and active energy measures to reduce the building’senergy requirements such as using building materials with a high thermalperformance and specifying low energy lighting, whole house ventilation systemsand water reduction fittings.

The report investigates the feasibility of using a site-wide heat networks but findsthat the heating load from this size scheme will not be sufficient to make aCombined Heat and Power system viable. The report investigates the feasibility ofdifferent types of renewable energy sources and concludes that the use of airsource heat pumps to provide the heating and hot water requirements of thescheme would be the most appropriate.3.32 Following requests from the Council’s Sustainability Manager, further informationhas been submitted clarifying the overall emissions savings that will be achievedby the scheme. As a whole, the scheme will achieve a 32% reduction in CO 2emissions over 2010 Building Regulations which can be broken down to a 23%reduction through efficiency savings and a further 9% through the use of airsource heat pumps. The report further investigates the use of PV/solar thermalarrays but confirms that it would be difficult to accommodate the necessary panelsand the proposed green roofs on the small areas of flat roof with the access routesthat would be necessary to maintain the panels (many green roof species wouldnot tolerate being stepped on). In order to accommodate these three elements,PV panels would need to be raised at an angle above the roof and might be visiblefrom the public realm. The additional information confirms that both the residentialand commercial elements of the proposal will achieve the London Planrequirement of a 25% reduction on CO 2 emissions above Building Regulations(2010). Further information is also provided regarding the risk of fuel poverty asthe ASHPs utilise electricity. The report confirms that as the scheme will have ahigh SAP rating (which means that it will be very efficient), future occupiers areless likely to suffer from fuel poverty (as less power will be required to heat theunits). The report provides a comparison of fuel costs based on the proposed airsource heat pumps and the alternative use of high efficiency gas boilers combinedwith PV panels. It finds that there is little difference in cost between the twooptions based on 2009 cost data.Noise Report3.33 The submitted document assesses the current background noise levels on the siteagainst a noise survey carried out for the site in 2008. This finds that the acousticconditions have not changed significantly since 2008. The report therefore usesthe 2008 survey data and confirms that there are quite high noise levels on site, asa result of the traffic on Brockley Road rather than the nearby railway lines, withthe proposed properties fronting Brockley Road the worst effected by noise. Thereport confirms that it is possible to specify high performance acoustic glazing tomeet the required level of mitigation and achieve an appropriate internal noiseenvironment in the proposed residential units.3.34 In terms of ventilation, the report confirms that the scheme proposes whole houseventilation which will be served by air intakes and discharges away from BrockleyRoad. This removes the need for trickle ventilation and therefore allows noisecoming through ventilation to be controlled.3.35 With regards to vibration from the nearby road, the report finds that the vibrationlevels are acceptable for the proposed development.Air Quality Report3.36 The Air Quality Assessment submitted in support of the planning applicationconfirms that the site falls with Air Quality Management Area 3. The reportidentifies that there are no significant sources of air pollution within 1km of the site

although there is a potential waste transfer station 50m away to the west whichmay be a minor source of dust and odours. The report states that the proposeddevelopment is unlikely to have a significant impact on local air quality as it will notadd much traffic to the local roads. There is a risk to nearby properties from dustsoiling during construction and suitable mitigation measures can be employed tokeep impacts to a minimum.3.37 The report suggests that traffic on Brockley Road is unlikely to give rise topollutant concentrations above air quality objectives, but if this were the case itwould only be necessary to apply mechanical ventilation to the small number ofresidential units that front onto Brockley Road.Environmental Report3.38 Phase 1 Environmental Risk Assessment has been submitted in support of theplanning application which assesses the application site on the basis of a desk topstudy of previous uses on site and a walk over survey. The report identifies thatthere is a moderate risk in respect of the proposed commercial/residential end useand a site investigation is necessary to protect future occupants and the nearbyminor aquifer and licensed abstraction from the risks associated with the past usesof the site.3.39 The risks from potential contaminants arise from the historic use of the site as apetrol station (with the original petrol/diesel tanks potentially still buried on site)and the current use of the site as an MOT garage with possible contaminationfrom the MOT workshop and the presence of two above ground storage waste oiltanks.Affordable Housing Statement3.40 An affordable housing statement has been submitted in support of the planningapplication. The statement summarises the relevant planning policy in relation toaffordable housing and states that the London Plan requires developments tobring forward the maximum reasonable amount of affordable housing subject todevelopment viability, the availability of public subsidy and other schemerequirements. The document makes reference to the viability assessmentsubmitted in support of the application. This document sets out that the schemewill only return a maximum developer’s profit of 9% profit on cost (8% on value)which is far below the level acceptable by the Council and the GLA necessary toincentivise site delivery. It therefore confirms that the site cannot bear thefinancial burden of delivering affordable housing.3.41 The assessment sets out that the current lawful car workshop and MOT centreoperates as a successful business and that this has raised the purchase price ofthe land when compared to a vacant brown field plot. It also sets out that thereare unusual development costs in decommissioning the underground petrol/dieseltanks. It suggests that the site is constrained and it would therefore be difficult toaccommodate the preference of most RSL’s which is to have the affordable unitsaccessed through a separate core.3.42 The assessment concludes that redeveloping this constrained island site in theheart of Brockley will kick-start the regeneration of the area and will deliver anumber of community benefits including the much desired public realmimprovements along Coulgate Street.

Statement of Community Involvement3.43 This document contains details of how the applicant has engaged with the localcommunity and their approach to community engagement and consultation. Thereport outlines the meetings that have been held between the applicants andowners of the surrounding businesses and with local amenity groups including theBrockley Cross Action Group and the Brockley Society. The report also givesdetails of a public exhibition that was attended by 55 residents and details that thefeedback received from the report was generally positive.3.44 The document sets out how the developer presented the scheme to localresidents on the feedback forms as “an enabler for works to be carried out onCoulgate Street as it is likely to meet the financial cost” (Appendix C, Statement ofCommunity Involvement May 2012). Residents were then asked whether, giventhis, they supported the scheme. A large majority of residents confirmed that theydid and this might account for the low number of objections to the application thathave been received by the Council.3.45 It is very important to make clear that the Council’s Highways Team has confirmedthat the works to Coulgate Street have received LIP funding and are scheduled forthe 2013/14 financial year. The improvement works to Coulgate Street will goahead whether or not this planning application is granted. The £90,000 S106contribution set out in the draft heads of terms and earmarked to go towards theseimprovements will not be sufficient to cover the cost of the works on their own, butwill serve to improve the scale and quality of the changes that the Council will beable to deliver. The final works that the Council’s highway team carries out maybe different to that shown in the application documents following the consultationprocess that the Council will carry out with local residents.4.0 Consultation4.1 This section outlines the consultation carried out by the applicant prior tosubmission and the Council following the submission of the application andsummarises the responses received. The Council’s consultation exceeded theminimum statutory requirements and those required by the Council’s adoptedStatement of Community Involvement.4.2 Site notices were displayed and letters were sent to residents and business in thesurrounding area and the relevant ward Councillors. The Environment Agencywere also consulted.Pre-Application Consultation4.3 The applicant held individual meetings with a number of local businesses andorganisations prior to the submission of the planning application including Brownsof Brockley, Brockley Central block, Speedicars of Coulgate Street, BrockleyBarge, the residential care home on Coulgate Street, the Brockley Cross ActionGroup; and the Brockley Society. The Statement of Community Involvementsubmitted in support of the application confirms that the responses from thesegroups were generally positive and the Brockley Cross Action Group wrote a lettersupporting the principle of redeveloping the site and in particular supporting theproposed improvements to Coulgate Street, which the group have longcampaigned for.

4.30 The Council’s Highways Officer requested that Construction and Logistics Plan(CLP), Waste Management Plan (WMP) and Delivery & Servicing Plan (DSP)should be secured by condition along with details of secure cycle storage for theresidential and commercial elements of the development and a Travel Plan.4.31 Officers noted that all structures projecting over the public highway will require aS177 Licence under the highways Act 1980. The Oversail/projection licence willrequire for regular inspections, reporting and ongoing maintenance obligations forwhich the developer would be liable. A condition is recommended to secure theS177 Licence prior to the commencement of works.4.32 Officers also noted that the applicant will be required to enter into a S278agreement with the Highway Authority. The S278 Highways Agreement is requiredto secure highways reinstatement/improvement works on the public highwayadjacent to the site and shall include:• the closure of the existing crossovers on Foxberry Road and Brockley Road;• the re-instatement of the footway on Foxberry Road and Brockley Road;• the provision of a loading bay and 2 disabled spaces on Foxberry Road andchanges to the associated Traffic Regulation Order.4.33 Officers recommended that the highway authority would also require a financialcontribution for maintenance of any trees (soft landscaping) on the public highway.[There are no trees proposed as part of the development].4.34 With regards to the proposed S106 contributions towards highway works andpublic realm improvements in Coulgate Street and Foxberry Road, Officerscommented that these are welcomed and will be used in conjunction with existingLIP funding to enhance Coulgate Street and will benefit pedestrians, cyclists androad users accessing Brockley station. The proposed works/improvements willrationalise on-street parking, manage traffic flows and create an improved publicrealm which better serves the residents, commercial occupiers and users ofCoulgate Street.Environmental HealthNoise4.35 With regard to noise considerations, the proposal was found to be acceptablesubject to conditions relating to details of sound insulation from the road/railwayline and also between commercial/residential uses. With regards to ventilation,officers also recommended that the applicant is reminded of the need for a highlevel discharge of any A3 use.Contamination:

4.36 With regards to contamination, the Council’s Environmental Health Teamcommented that the applicant will need to comply with the requirements of the EAin terms of the minor aquifer and piling.4.37 In light of the findings of the submitted Ground Investigation, the EnvironmentalHealth team have confirmed that the following works will be required as part of theremediation measures:• gas monitoring at this site to characterise the local gas regime;• detailed survey of identified UST's; and• intrusive investigation for contaminants of concern (particularly organics andDQRA where necessary)Air Quality4.38 The Council’s Air Quality officer initially raised concerns that the submitted airquality report is dated 2008. Since 2008 the Council has undertaken further airquality monitoring, the results of which indicate that the annual average nitrogendioxide concentrations along Brockley Road are exceeding the national air qualityobjectives. The report mentions the use of mechanical ventilation for propertiesfronting this road but no conclusion is provided.4.39 The noise assessment submitted in support of the application confirms that thescheme proposes whole house ventilation which will be served by air intakes anddischarges away from Brockley Road. The Environmental Health Team hasconfirmed that this would be sufficient to address the concerns raised providedthat details of the location of the point of air intake for the units are provided sothat it can be confirmed that the air intake will not be drawing in polluted air.4.40 Concern was raised about a potential waste transfer station that the reportmentions but the applicant has confirmed that this is no longer in use and officersare satisfied with this.4.41 A condition to control dust during construction was also recommended. Thedeveloper should refer to the London Council's Best Practice Guide for controllingemissions from construction sites when producing the Dust Management Plan andinclude all relevant mitigation measures.4.42 Concern was raised about the pavement fronting Foxberry Road being used asspill out space for cafes and customers being exposed to poor air quality, butOfficers are satisfied that the only area that could be used as spill out space wouldbe on Coulgate Street which would be some distance from the road with highertraffic flows.Conservation Officer4.43 The site occupies a large proportion of a near rhombus like shaped the ‘island’enclosed by Brockley Road and Foxberry Road to the east and Coulgate Street tothe south and west, the latter being the main approach to Brockley Station. Someof the oldest houses in Brockley are located here opposite the station comprising asmall row of two-storey cottages and shops believed to date from 1833. No. 180features prominent corners towards Brockley Road in the approach from the north

and at the junction of Coulgate and Foxberry Road from the South. Historically thesite has been in commercial use comprising retail use and ‘The Brockley PictureTheatre’ occupying the southern part. Brockley Road itself here close to theunderpass of the railways provides a small commercial centre to the locality.4.44 Following the demolition of the cinema and adjacent Victorian terraces in the1960s the site has been underused. The poor quality structures associated withthe garage use have created a gap site to the locality, and the lack of enclosure tothe western side of Brockley Road detracts from the streetscape. The redevelopmentof a site with a mixed use development is welcomed in principle as itwill address the in Urban Design terms unsatisfactory situation while adding vitalityin this crucial location next to the station. There is a significant increase in scaleand density in relation to the surrounding Victorian suburban development;however, due to its ‘island character’ and location between the station and thecommercial Bromley Road the site can accommodate such an increase whileprovide the enclosure and key focal points from the north and the south that havebeen missing in the townscape. For the same reasons, the chosen designapproach in form of juxtaposing a contemporary larger development with theVictorian surrounding is also considered appropriate, and provided that thestandards and requirements of the Urban Design Team in terms of quality andsustainability are satisfied, it is considered that the development will preserve andenhance the character and appearance of the Brockley Conservation Area whileproviding a contemporary and quality addition to the area in its own right .4.45 In long-views from the west, in particular from the station and the footbridgescrossing the tracks, the development will, due to its proximity have a domineeringeffect on the small-scale early 19th century cottages at Coulgate Street. However,I feel that this ‘harm’ can be mitigated by the benefits of the scheme which shouldinclude improvements to the landscaping of Coulgate Street including thewidening of the pedestrian for the enjoyment of the public. These should beensured via a Section 106 agreement, if necessary. The above described benefitsto the overall town- and streetscape towards Brockley Road and the vitality of thearea must also be weighed in favour for the scheme against the identified potentialharm to the setting and character of Coulgate Street.Urban Design4.46 The scheme has evolved following extensive consultation with design officers whoare now satisfied with the proposed development and materials subject to suitableconditions.5.0 Policy ContextIntroduction5.1 Section 70(2) of the Town and Country Planning Act 1990 (as amended) sets outthat in considering and determining applications for planning permission the localplanning authority must have regard to:(a) the provisions of the development plan, so far as material to the application,(b) any local finance considerations, so far as material to the application, and(c) any other material considerations.

5.2 Section 38 (6) of the Planning and Compulsory Purchase Act (2004) makes it clearthat the determination of planning applications must be made in accordance withthe development plan unless material considerations indicate otherwise.5.3 The development plan for Lewisham comprises the Core Strategy, DevelopmentPlan Document (DPD) (adopted in June 2011), those saved policies in the adoptedLewisham UDP (July 2004) that have not been replaced by the Core Strategy andpolicies in the London Plan (July 2011). The National Planning Policy Frameworkdoes not change the legal status of the development plan.National Planning Policy Framework (NPPF)5.4 The NPPF was published on 27 March 2012 and is a material consideration in thedetermination of planning applications. It contains at paragraph 14 a ‘presumptionin favour of sustainable development’. Annex 1 of the NPPF provides guidance onimplementation of the NPPF. In summary this states that (paragraph 211), policiesin the development plan should not be considered out of date just because theywere adopted prior to the publication of the NPPF. At paragraphs 214 and 215guidance is given on the weight to be given to policies in the development plan. Insummary, this states, that for a period of 12 months from publication of the NPPFdecision takers can give full weight to policies adopted since 2004 even if there islimited conflict with the NPPF. Following this period weight should be given toexisting policies according to their consistency with the NPPF.5.5 Officers have reviewed the Core Strategy and saved UDP policies for consistencywith the NPPF and consider there is no issue of significant conflict. As such, fullweight can be given to these policies in the decision making process inaccordance with paragraphs 211, 214 and 215 of the NPPF.Ministerial Statement: Planning for Growth (23 March 2011)5.6 The statement sets out that the planning system has a key role to play inrebuilding Britain’s economy by ensuring that the sustainable development neededto support economic growth is able to proceed as easily as possible. TheGovernment’s expectation is that the answer to development and growth shouldwherever possible be ‘yes’, except where this would compromise the keysustainable development principles set out in national planning policy.London Plan (July 2011)5.7 The London Plan policies relevant to this application are:Policy 3.1 Ensuring equal life chances for allPolicy 3.3 Increasing housing supplyPolicy 3.4 Optimising housing potentialPolicy 3.5 Quality and design of housing developmentsPolicy 3.6 Children and young people’s play and informal recreation facilitiesPolicy 3.7 Large residential developmentsPolicy 3.8 Housing choicePolicy 3.9 Mixed and balanced communitiesPolicy 3.11 Affordable housing targetsPolicy 3.12 Negotiating affordable housing on individual private residential andmixed use schemes

Policy 3.13 Affordable housing thresholdsPolicy 3.15 Co-ordination of housing development and investmentPolicy 4.8 Supporting a successful and diverse retail sectorPolicy 4.9 Small shopsPolicy 5.1 Climate change mitigationPolicy 5.2 Minimising carbon dioxide emissionsPolicy 5.3 Sustainable design and constructionPolicy 5.7 Renewable energyPolicy 5.9 Overheating and coolingPolicy 5.10 Urban greeningPolicy 5.11 Green roofs and development site environsPolicy 5.15 Water use and suppliesPolicy 5.21 Contaminated landPolicy 6.5 Funding Crossrail and other strategically important transportinfrastructurePolicy 6.9 CyclingPolicy 6.10 WalkingPolicy 6.11 Smoothing traffic flow and tackling congestionPolicy 6.12 Road network capacityPolicy 6.13 ParkingPolicy 7.1 Building London’s neighbourhoods and communitiesPolicy 7.2 An inclusive environmentPolicy 7.3 Designing out crimePolicy 7.4 Local characterPolicy 7.5 Public realmPolicy 7.6 ArchitecturePolicy 7.8 Heritage assets and archaeologyPolicy 7.14 Improving air qualityPolicy 7.15 Reducing noise and enhancing soundscapesPolicy 7.19 Biodiversity and access to naturePolicy 7.21 Trees and woodlandsPolicy 7.22 Land for foodPolicy 8.2 Planning obligationsLondon Plan Supplementary Planning Guidance (SPG)The Mayor Draft Housing SPG (December 2011) is relevant to the determinationof this application.Core Strategy5.8 The Core Strategy was adopted by the Council at its meeting on 29 June 2011.The Core Strategy, together with the London Plan and the saved policies of theUnitary Development Plan, is the borough's statutory development plan. Thefollowing lists the relevant strategic objectives, spatial policies and cross cuttingpolicies from the Lewisham Core Strategy as they relate to this application:Spatial Policy 1 Lewisham spatial strategySpatial Policy 4 Local hubsCore Strategy Policy 1 Housing Provision, mix and affordabilityCore Strategy Policy 5 Other employment locationsCore Strategy Policy 6 Retail hierarchy and location of retail developmentCore Strategy Policy 7 Climate change and adapting to the effects

Core Strategy Policy 8 Sustainable design and construction and energy efficiencyCore Strategy Policy 9 Improving local air qualityCore Strategy Policy 12 Open space and environmental assetsCore Strategy Policy 14 Sustainable movement and transportCore Strategy Policy 15 High quality design for LewishamCore Strategy Policy 16 Conservation areas, heritage assets and the historicenvironmentCore Strategy Policy 21 Planning obligationsUnitary Development Plan (2004)5.9 The saved policies of the UDP relevant to this application are:URB 3 Urban DesignURB 12 Landscape and DevelopmentURB 13 TreesURB 16 New Development, Changes of Use and Alterations to Buildings inConservation AreasENV.PRO 10 Contaminated LandENV.PRO 11 Noise Generating DevelopmentHSG 4 Residential AmenityHSG 5 Layout and Design of New Residential DevelopmentHSG 7 GardensSTC 7 Local Shopping CentresSTC 9 Restaurants A3 Uses and Take Away Hot Food ShopsResidential Standards Supplementary Planning Document (August 2006)5.10 This document sets out guidance and standards relating to design, sustainabledevelopment, renewable energy, flood risk, sustainable drainage, dwelling mix,density, layout, neighbour amenity, the amenities of the future occupants ofdevelopments, safety and security, refuse, affordable housing, self containment,noise and room positioning, room and dwelling sizes, storage, recycling facilitiesand bin storage, noise insulation, parking, cycle parking and storage, gardens andamenity space, landscaping, play space, Lifetime Homes and accessibility, andmaterials.Planning Obligations Supplementary Planning Document (January 2011)5.11 This document sets out guidance and standards relating to the provision ofaffordable housing within the Borough and provides detailed guidance on the likelytype and quantum of financial obligations necessary to mitigate the impacts ofdifferent types of development.Brockley Conservation Area Supplementary Planning Document (December 2005)5.12 This document advises on the content of planning applications, and gives adviceon external alterations to properties. It lays out advice on repairs and maintenanceand specifically advises on windows, roof extensions, satellite dishes, chimneystacks, doors, porches, canopies, walls, front gardens, development in reargardens, shop fronts and architectural and other details. It also sets out detailedguidance on the limited development that will be accepted within Brockley Mews -mainly within Harefield Mews.

Emerging Plans5.13 According to paragraph 216 of the NPPF decision takers can also give weight torelevant policies in emerging plans according to:• The stage of preparation of the emerging plan (the more advanced thepreparation, the greater the weight that may be given);• The extent to which there are unresolved objections to relevant policies (theless significant the unresolved objections, the greater the weight that may begiven); and• The degree of consistency of the relevant policies in the emerging plan to thepolicies in the NPPF, the greater the weight that may be given).5.14 The Lewisham Site Allocations DPD Proposed Submission Version was publishedin March 2012 and submitted to the Secretary of State for examination by anindependent Planning Inspector on the 28 th September 2012. The document wasthe subject of public consultation between 1 October to 12 November 2012 andcomments received on changes during the consultation have been forwardeddirectly to the Planning Inspector to be considered at the Examination in Publicwhich will take place on the 17 and 18 January 2013. Given that the document isat an advanced stage of preparation it is considered to carry significant weight.The document identifies the application site (SA26) and allocates it for “mixed usehousing with commercial and retention of existing Coulgate Street cottages” andidentifies the site as being capable of bring forward 20 residential units.6.0 Planning Considerations6.1 The main issues to be considered in respect of this application are:(a)(b)(c)(d)(e)(f)(g)(h)(i)Principle of DevelopmentDesign and the Historic EnvironmentHousingHighways and Traffic IssuesNoiseImpact on Adjoining PropertiesSustainability and EnergyEcology, Landscaping and TreesPlanning ObligationsPrinciple of Development6.2 The Core Strategy sets out a vision for new development in local hubs thatincludes mixed use development and takes a design-led approach to secureimprovements for the wider area. Spatial Policy 4 of the Core Strategy sets outspecific requirements for Brockley Cross as a local hub and states that the Councilwill seek to protect the local shopping parade to ensure the provision of day-to-dayretail needs and employment; support the local economy by providing suitable andflexible premises to enable an increase in the number and variety of businesses(including creative businesses); and improve the pedestrian environment includingby providing better accessibility to Brockley Station and contributing to feelings ofsafety and security.

6.3 It is considered that the principle of high quality scheme which proposes a mix ofground floor commercial uses (that includes a retail element) and residential usesabove and will make a contribution towards the much desired improvements toCoulgate Street will be acceptable in principle and will accord with the allocationfor the site in the Council’s emerging Site Allocation DPD which seeks to retain theCoulgate Street cottages and bring forward a mixed use development.6.4 Paragraph 6.110 of the Core Strategy recognises that there are a number ofdevelopment sites in the local hub which provide an opportunity for smaller scalemixed use development which would allow a comprehensive improvement to theimmediate environs in order to increase the area’s attractiveness, vitality andviability. It is considered that this is one such site and provided that the highquality design of the scheme is secured and the character of the area is protected(this is assessed in the sections below), it is considered that the proposed mixuses will make a positive contribution the vitality and viability of the centre.6.5 The proposal would result in the loss of the existing business on site. Policy 5(Other Employment Locations) of the Core Strategy states that the Council willrecommend the retention of employment uses on employment land within localhubs. The policy goes on to state that other uses including retail, community andresidential will be supported on employment land if it can be demonstrated thatsite specific conditions including site accessibility, restrictions from adjacent landuses, building age, business viability, and viability of redevelopment show that thesite should no longer be retained in employment use.6.6 The existing use on site (the MOT centre and van hire business which is a SuiGeneris use) is not considered to constitute a traditional ‘employment use’ (whichare usually understood to include B Class Uses) but the use does currently makea contribution to local employment. The applicant has stated that they do not havedetails of the number of jobs currently provided by the site. However, theproposed ground floor commercial units will continue to make a contribution tolocal employment. Using the HCA Employment Density Guide (2010) the site islikely to bring forward between 23 - 28 jobs depending on the eventual use of thefloor space. This is considered to suitably mitigate the loss of the MOT and vanhire use.6.7 With regards to the existing business on site, the applicant has confirmed thatdiscussions have taken place between the applicant and the owner of the existingbusiness on site regarding the need for future relocation. The tenant hasconfirmed that whilst they are not looking for a new location yet (as the planningprocess has yet to run its course), the business will be looking to relocate locally toretain its existing customer base. Although this is likely to be on a smaller scaleas the current site is too large. The tenant has confirmed that there seems to besome suitable sites available but it is too early to sign up to one of these. Shouldplanning permission be granted, the applicant has agreed to allow a sign board onthe site hoarding to help customers find the new premises in due course. Inaddition, a Section 106 contribution of £21,206.94 is proposed towards theLewisham Local Labour and Business Initiative which provides support to smalland medium sized businesses that are looking to relocate within the borough.6.8 Paragraph 6.120 of the Core Strategy sets out the character of the local shoppingparade at Brockley Cross as one that provides small scale local shopping facilitieswhose primary function within the retail hierarchy is to provide an adequate range

of local shops to meet day to day needs. It is considered that the independentnature of these uses makes a positive contribution to the character andappearance of the conservation area and adds to the distinctiveness of BrockleyCross.6.9 Spatial Policy 4 Local Hubs of the Core Strategy states that individual Local Hubswill be managed to enhance their identity and distinctiveness in order to achievean overall upgrade in urban quality and amenity.6.10 Whilst there have been a low level of objections to the proposal, concern has beenraised that the ground floor commercial space should be let to small businesses toadd to the diversity and unique character of the area and create a thriving hub andshopping/leisure destination. As such, a condition is recommended requiring themaximum size of a single A1 unit to be 190sqm. This would ensure that the largecommercial space fronting Foxberry Road is divided into at least two units to addto the diversity provided by the centre, promote small businesses and retain theunique character of the area.6.11 Local residents have raised concerns about the commercial floorspace beingoccupied by a large supermarket. It is not the role of the planning system to seekto prevent competition between different operators (Para 46, NPPF), but it isconsidered reasonable to limit the size of the individual units to one that isappropriate to the scale of the local shopping parade. This is supported byParagraph 4.48 of the London Plan which states that while provision to meet needfor convenience goods can be made in larger centres, smaller centres, especiallydistrict, neighbourhood and more local centres, are particularly suitable foraccommodating growth in convenience floorspace, “providing the new shops areof appropriate scale”.Design and the Historic Environment6.12 The NPPF asserts that good design is indivisible from good planning and thatdesign is a key aspect of sustainable development. Core Strategy Policy 15 statesthat the Council will apply policy guidance to ensure highest quality design and theprotection or enhancement of the historic and natural environment which issustainable, accessible to all, optimises the potential of sites and is sensitive to thelocal context. Core Strategy Policy 16 requires that the value and significance ofthe borough’s heritage assets and their settings are enhanced and conserved.6.13 The application site is situated in the Brockley Conservation Area. The BrockleyConservation Area Appraisal identifies elements that are damaging to thecharacter of the conservation area and states that a number of commercialgarages exist (including those on Brockley Road) which detract from the area’scharacter by their untidy, poor quality buildings as well as their noise and dirtcreation. It is therefore considered that the loss of the MOT and van hire usefrom this sensitive area, as well as the demolition of the existing single storeybuildings and canopy will have a positive impact on the character and appearanceof the conservation area provided that the quality of the replacement buildings aresufficiently high.6.14 The proposed design seeks to redefine the hard edges of the island site with onetofour-storey blocks grouped around a central courtyard. The blocks would forma continuation to the built form of the existing Coulgate Street cottages and wouldrespond to their variation in scale which serves to break down the massing of the

new elements. The new blocks would be broken up into three elements, a longelement fronting Foxberry Road and Brockley Road that ranges is height from 1and a half to four storeys; a four storey element on the bend in Coulgate Streetthat would be visually separated from the linear element by a lightweight glazedcore that is set back from the frontage; and a four storey element that articulatesthe corner of Coulgate Street and Brockley Road with a ground floor retail elementthat is reminiscent of the ‘Well Beloved Butcher’ which historically occupied thisposition.6.15 A regular grid would be applied to the façades of the 3 main elements and thiswould be used to break up the massing into smaller blocks which respond to thefine urban grain of the area through the use of shadow gaps and the use of athree different colour bricks. The blocks vary in height and width to create visualinterest but a regular rhythm would be articulated through the location of thefenestration and ground floor openings which serve to unify the different elementsand create a sense of order. Relief would be introduced through the use ofrecessed and projecting balconies, half brick depth shadow gaps and ‘faux’windows where the brick is inset by 20-35mm to form a blank window openingwhich would maintain the rhythm of the fenestration in areas where fewer windowsare required. In terms of window reveals, the ground floor shop fronts would beflush with the brickwork to differentiate between the commercial elements and theresidential windows which feature a full brick reveal to provide relief. Thesedevices are considered to provide the scheme with a rich texture.6.16 The roofscape is varied with some elements featuring flat roofs and othersfeaturing a contemporary interpretation of butterfly roofs which are of storey and ahalf in height and clad in hanging tiles or curtain walling which would serve tocreate further interest and would seek to further reduce the perception of the massof the proposals. These elements would be set back from the main façade inplaces to reduce the perceived height of the proposal and to create larger terracesat third floor level.6.17 In terms of materials, following negotiation with officers, the palate has beenreduced to three types of handcrafted brick (Bowland, Brown Handcrafted Stock;Langdale, Grey Handcrafted Stock; and Anglesey Weathered Buff, Multi,Handcrafted Stock [all produced by Wienerberger/Terca]); steel look-a-likealuminium window frames, doors and shopfronts powder coated in grey/brown(RAL8019); toughened glass and galvanised steel balustrades and gate powdercoated in grey/brown (RAL8019); sheet metal cantilevered balconies powdercoated in grey/brown (RAL8019), vertical hanging roof tiles in dark brown andsand (Keymer, Ditchling Old English faced to match Bowland Brick) and structuralsealant glazing elements.6.18 While the proposed brick types are not a traditional yellow London Stock, it is feltthat they respond to the wide variety of bricks that exist in the surrounding areaand have been agreed by the council’s Urban Design and Conservation Officerswho felt that the three colours will complement each other provided that they aresuitably detailed. A condition is recommended requiring brickwork panels to beconstructed on site so the mortar colour, bonding and pointing can be agreed priorto the commencement of development.

6.19 The simple palette of materials and subdued brick detailing relates well to thesimplicity of the buildings in the surrounding context which are mainly brick withminimal ornamentation. The Design and Access Statement confirms that alldrainage pipe work including perimeter gutters and pipework will be fullyconcealed within the building fabric or run in pronounced recesses. A condition isrecommended to secure this detail. The Material Specification also confirms thatbuff coloured hard landscaping to match the Anglesey Weathered Buff brick will beused in the landscaped courtyard and a condition is recommended requiringdetails of the hard (and soft) landscaping scheme to be submitted.6.20 The current design has been the result of on-going negotiation with planning,urban design and conservation officers, feedback from Lewisham’s design paneland discussions with local groups and residents. The scheme has been refinedthrough a number of iterations including reducing the overall height of the scheme.While the height and massing of the final design is greater than the surroundingcontext, it is considered to be acceptable on the basis of the very high qualitymaterials proposed and the careful detailing of the building which severs to createan attractive appearance and to reduce the perception of the development’s bulk.6.21 The Council’s Conservation Officer has raised concerns that the height and bulk ofthe proposal in long views from the west would have a domineering effect on theCoulgate Street cottages and that this would have a harmful effect on thecharacter and appearance of the conservation area. However, it is consideredthat any harm would be mitigated by the proposed improvement works to thepublic realm around Coulgate Street and the scheme will make a substantialcontribution towards securing the high quality of the public realm works (in theform of a financial contribution of £90,000 towards sustainable transport and publicrealm which is earmarked to be spent on these works). This contribution isconsidered to be necessary to mitigate this harm. It is also considered that thevery high quality detailing of the proposal and the proposed high quality materialswill serve to mitigate any harm to the conservation area that results from theheight and massing of the proposal.6.22 The scheme has the potential to be elegant and is therefore considered to beacceptable in principle. However, the success of the design and therefore itsacceptability will depend entirely on securing the high quality of the materials anddetailing proposed to ensure that the simplicity of the proposal does not lead to ascheme that is bland and fails to respond to the surrounding context. This is whyit has been considered necessary by officers to secure the proposed materials forthe scheme and why many details have been agreed with Officers prior toplanning permission being recommended.6.23 Following requests from the Council’s officers, the Design Panel and localresidents, the applicant has provided 1:25 and 1:50 details of various elements ofthe proposal and has confirmed the specification for the materials that will be usedto ensure that the high quality design of the proposal will be delivered inaccordance with the requirements of this sensitive site. It is considered that thedetails provided demonstrate that despite the simplicity of the building form, thescheme will make a positive contribution to Brockley Cross and will conserve andenhance the character and appearance of the Conservation Area.A condition is recommended to secure the agreed materials and details as theyhave been submitted. In addition, conditions are recommended requiring details

of any roof plant to be submitted and details of the air intake for the proposed AirSource Heat Pumps to ensure that these elements are carefully considered sothat they do not detract from the design of the proposal.6.24 The applicant recognises in the Design and Access Statement the contributionthat has been made at Brockley Cross by local residents, businesses andassociations in regenerating the area. Brockley is unique in this aspect andimprovements to the areas around Brockley Cross and Brockley Station havelargely been led by resident’s groups who have taken responsibility for restoringand Brockley Common, the landscaping and maintenance of the station approachand the greening of other sites in the vicinity. It is considered that this level ofcommunity commitment makes a positive contribution to the character of theconservation area which should be recognised and encouraged. The aspirationsto see improvement works to Coulgate Street have been championed by thesegroups resulting in a statement of community views of the Brockley Assemblybeing submitted to the Council in support of the works. The Council has nowreceived LIP funding for improvements works to Coulgate Street which willimprove the highway conditions and the public realm around the development site.The applicant has committed to providing £90,000 in the form of a s106contribution towards these works which will increase their scope and improve theextent of works which the Council will be able to carry out.6.25 The proposed ground floor commercial uses will contribute to these public realmimprovements, creating activity and potentially spilling out onto the newly widenedpavement along Coulgate Street. Given the unique character of Brockley Crossdiscussed above, it is considered reasonable to ensure that the proposedcommercial units make a contribution towards encouraging small, independentbusinesses into the area and a condition is proposed to minimise the size of anynew A1 unit to below 190sqm. This would ensure that the large ground floorcommercial space fronting Foxberry Road could not be occupied by a single largeretailer, which would be considered to have a detrimental impact on the distinctivecharacter of the area.6.26 It is considered important to ensure that elements such as shopfronts and signageon the proposed commercial units do not detract from the high quality environmentcreated. The applicant has included details of the proposed shopfronts and thisincludes a signage zone above the shopfronts which will provide a natural locationfor signage that is set in from the building façade. It is recommended that detailsof the proposed glazing for the shopfronts is secured by condition. Section 8.2.3of the Design and Access Statement deals with signage and seeks to encouragetraditional lettering and security shutters that are concealed behind the fascia.This guidance generally complies with the Council’s Shopfront SPD which sets outadvice for the treatment of shopfronts, particularly in conservation areas. Anyfuture application for advertisement consent or changes to the shopfront shouldcomply with this guidance and an informative is recommended to inform futureoccupiers of this information.6.27 In terms of the public realm along Foxberry Road and Brockley Road, noimprovements are proposed here either as part of the development or as part ofthe highways improvement works. There are 2 existing vehicle cross oversservicing the existing use.

A condition is recommended requiring the applicant to enter into a s278agreement to remove the existing cross overs and reinstate any damage to thepavement prior to the occupation of the development.Deliverability of Design Quality6.28 The NPPF states that the viability and deliverability of development should beconsidered in decision taking. The document goes on to say that to ensureviability, the cost of requirements should, when taking into account the normal costof development and mitigation, provide competitive returns to a willing landownerand willing developer to enable the development to be deliverable.6.29 As discussed, the building is simple in design and the palate of materials islimited. The clean aesthetic that this approach results in is considered to havemerit but makes the detailing of the building and materials of vital importance tosupport such a simple approach. It has been necessary for the applicant todemonstrate how the high quality design would be delivered given that the viabilityassessment submitted in support of the scheme has confirmed that the schemewill only make a 9% return and the independent assessment commissioned by theCouncil has confirmed that one way of making the scheme more viable would beto reduce the building cost per metre (by reducing the quality of the materialsused). Given this, officers have sought assurances from the developer that therequired high quality design is deliverable given that the quality of the materials isvital to demonstrate the acceptability of this Development in principle.6.30 As part of the submission, the applicant has provided a letter confirming that theyare willing to proceed with the development on the basis of the details andmaterials that have been agreed with officers in order to deliver a high qualitydesign and are fully committed to bringing the development forward in the nearfuture without any major redesign.6.31 It is materially relevant for the Council to consider the likelihood of a proposeddevelopment being carried into effect and the planning consequences should ascheme be unviable and therefore not be delivered in accordance with theapproved plans.6.32 Officers consider that the acceptability of this scheme in principle is inextricablylinked with the design and quality that is inherent within it. The acceptability of thescale, massing, height and appearance of the proposal is inseparable from thedesign specification proposed materials. Given how vital these elements are tosome of the fundamental elements of the scheme, it would not be possible inofficers’ view to leave the detailing to be secured by condition as this wouldsuggest that the principle of the approach is acceptable irrespective of detailingwhich would be capable of being resolved as a separate matter. Should futureamendments to the scheme result in it being of a lesser quality than currentlyproposed, the entire approach to the development, its scale, height andappearance would need to be reconsidered as opposed to just consideringalternative detailing. Given that the applicant has provided the details and materialsamples considered to be necessary as part of the submission and that they haveconfirmed that they are committed to delivering the scheme as designed, it is feltthat the proposal would be acceptable in this regard and the quality of theproposal would be safeguarded.

6.33 It is officer’s view that any future amendments to the materials and design qualitywould also necessitate a re-evaluation of the viability of the scheme and its abilityto deliver an off-site affordable housing contribution.HousingTenure of Residential Accommodation6.34 Policy 3.12 (Negotiating affordable housing on individual private residential andmixed use schemes) states that the maximum reasonable amount of affordablehousing should be sought when negotiating on individual private residential andmixed use schemes, having regard to:(a)current and future requirements for affordable housing at local and regionallevels identified in line with Policies 3.8 and 3.10 and 3.11(b) affordable housing targets adopted in line with Policy 3.11,(c)the need to encourage rather than restrain residential development(d) the need to promote mixed and balanced communities (Policy 3.9)(e)(f)the size and type of affordable housing needed in particular locationsthe specific circumstances of individual sites6.35 Core Strategy Policy 1 seeks the maximum provision of affordable housing onsites, with a strategic target of 50% affordable housing from all sources. It statesthat contributions to affordable housing will be sought on sites capable of providing10 or more dwellings. The starting point for negotiations will be a contribution of50% affordable housing on qualifying sites across the borough. This would besubject to a financial viability assessment.6.36 The scheme does not propose to provide any affordable housing. The applicanthas submitted an Affordable Housing Statement which confirms that thecircumstances of the site mean that it cannot support the provision of affordablehousing. The following factors have been sited as affecting the viability of thescheme:• the current lawful car workshop and MOT centre operates as a successfulbusiness and that this has raised the purchase price of the land whencompared to a vacant brown field plot;• the site previously operated as a petrol station and it is likely that the petroltanks are still buried beneath the site. There are therefore unusualdevelopment costs in decommissioning the underground petrol/diesel tankswhich impacts on the viability of the development;• the site is an island site and therefore highly constrained in terms of theconstruction process. This has an impact in terms of construction costs. Inaddition, the constrained nature of the site means that it would therefore bedifficult to accommodate the preference of most RSL’s which is to have theaffordable units accessed through a separate core.

6.37 As set out in the viability assessment submitted in support of the application, thescheme will only return a maximum developer’s profit of 9% profit on cost (8% onvalue) which is far below the level acceptable by the Council and the GLAnecessary to incentivise site delivery (17% of Gross Residential DevelopmentValue (GDV) (20% on Cost)). It therefore confirms that the scheme would not beviable if it were to deliver affordable housing.6.38 The viability assessment has been assessed by a independent consultant whofound that many of the assumptions made in the viability assessment werereasonable. The report submitted by the independent assessors queries thedeveloper’s proposed residual land value of £970,000 and finds that a value of£800,000 is more reasonable. However, even if the viability is assessed at thereduced land value, the scheme still cannot deliver on-site affordable housing oran off site contribution without making the scheme unviable.6.39 The report includes some sensitivity testing which suggests that there may be twoways in which the viability of the development could be improved. One would beto reduce the cost of the build and one would be if a higher value commercialtenant were to occupy the commercial floorspace.6.40 In terms of the build cost, by reducing the build cost to £134psf, the developmentwould become more viable but would still not be able to deliver affordable housing.Officers have taken great care in negotiating a high quality development that willmake a positive contribution to the character and appearance of the conservationarea in this key location. It is therefore not considered that reducing the quality ofthe build or its materials would be an appropriate way to secure a contributiontowards affordable housing.6.41 In terms of the future commercial tenant, there is a possibility that the schemewould deliver a higher level of commercial rent than calculated in the viabilityassessment due to the fact that the application seeks a flexible A1/A2/A3 use,particularly if a high value retail occupier were to occupy any of the floorspace.The independent viability assessment concludes if the commercial rent is higherthan set out in the applicant’s viability assessment as a result of the futureoccupier, that an off-site affordable housing contribution may be deliverablewithout impacting the viability of the development. An overage clause is thereforerecommended in the s106 agreement that requires the viability of the proposal tobe reassessed once the development is fully occupied. This would include aclause that would allow an off-site affordable housing contribution to be made at alater date.6.42 The principle of an off-site contribution is accepted given the low number ofaffordable units that could be delivered on site and the associated managementproblems for an RSL seeking to manage a small number of affordable units thatwould be accessed off the same core as private units.6.43 Given that the affordable housing policies seek to encourage rather than restraindevelopment based on scheme viability which has been the subject ofindependent verification, the provision of no affordable housing with an overageclause contained in the s106 agreement to assess the future viability of thescheme is considered to be acceptable.

Dwelling Mix6.44 Core Strategy Policy 1 states that the Council will seek an appropriate mix ofdwellings within a development, having regard to the following criteria:a. the physical character of the site or building and its settingb. the previous or existing use of the site or buildingc. access to private gardens or communal garden areas for family dwellingsd. the likely effect on demand for car parking within the areae. the surrounding housing mix and density of populationf. the location of schools, shops, open space and other infrastructurerequirements.6.45 The site is well located in terms of local amenities in an area that contains a largenumber of family dwellings with private gardens. The proposed mix (set out inTable 1 below) includes a higher number of 1 and two bed units and a smallnumber of 3-bed family units and single person studio units. This is considered toprovide an appropriate mix of sizes given the location of the site (in the heart of abusy centre) and the built up nature of the site which makes it difficult to providelarge areas of private garden for family units.Table 1: Residential Size MixStudios 1 Bed 2 Bed 3 Bed TotalNumberdwellingsof3 11 9 2 25Lifetime Homes and Wheelchair Accessible Housing6.46 In accordance with Core Strategy Policy 1 and Policy 3.8 of the London Plan, all ofthe units will meet Lifetime Homes requirements. Two (8%) of the proposed unitswill be suitable for adaption for wheelchair users. The London Plan and the CoreStrategy both require that this should be 10% (which would be rounded up to 3units), but there are only two residential units on the ground floor and the provisionof an additional ground floor residential unit would result in a loss of additionalcommercial floor space which is not considered to be desirable.6.47 The applicant has provided a 1:25 drawing of the wheelchair units and this hashave been assessed against the South East London Housing PartnershipWheelchair (SELHP) standards. The provision of two good quality wheelchair unitsis considered to be acceptable when balanced against the importance of this sitein contributing towards the vitality and viability of the centre and maximisingground floor commercial floorspace. A condition is recommended requiring thetwo wheelchair units to be delivered in accordance with the 1:25 floorplan andmaintained into perpetuity.Standard of Residential Accommodation6.48 Policies HSG 4 Residential Amenity, HSG 5 Layout and Design of NewResidential Development and HSG 7 Gardens of the UDP (July 2004) set out thelocal policy requirements for achieving a good standard of residential

Noise, fumes and air quality6.64 Policy ENV.PRO 11 Noise Generating Development of the UDP states that wherenoise-sensitive development is proposed close to an existing source of noise, orwhere noise generating uses are proposed, the Council may require thedevelopers to have prepared a detailed noise impact survey outlining possibleattenuation measures.6.65 The applicant has submitted a noise assessment in support of the applicationwhich assesses the effects of Brockley Road and the railway line and concludesthat a suitable internal noise environment can be achieved in the residential unitsthrough the specification of high performance glazing and whole house ventilation.The Council’s Environmental Health team have accepted the findings of theassessment and recommended that a suitable noise mitigation scheme can besecured by condition. Environmental Health have noted that the noiseassessment does not assess night time noise from the nearby Brockley Barge.Any application to discharge this condition will need to address this consideration.6.66 There may be an opportunity for the transmission of noise from the proposed A3use to the residential units within the proposed development. A condition istherefore proposed requiring details of a scheme of soundproofing betweenproperties to be submitted.6.67 The Environmental Health team have noted that fumes and smells from any futureA3 use would need to be discharged at a high level to avoid loss of amenity toneighbouring occupiers. A condition is recommended requiring details of anyfuture ventilation scheme to be submitted prior to the commencement of any A3use.6.68 An Air Quality Assessment has been submitted in support of the planningapplication. The document is dated 2008 and the Council’s Air Quality Officer hasraised concerns that there is more up to date air quality data available whichsuggests that there might be an air quality impact on the development given theproximity of Brockley Road where nitrogen dioxide concentrations exceed thenational air quality objectives. However, the scheme proposes mechanicalventilation for all units which would mitigate against exposure to high levels of airbournpollutants from Brockley Road. The Air Quality Officer has confirmed thatthis would address his concerns provided that the point of intake for themechanical ventilation system is situated so that the system will not be drawing inpolluted air. A condition is therefore recommended requiring details to besubmitted and approved of the location of the air intake for the mechanicalventilation system.6.69 The Air Quality Officer also raised concerns about the use of the ground floorcommercial as street cafes as there may be exposure of customers toexceedences of the hourly objective for nitrogen dioxide. However, the pavementfronting Brockley Road is too narrow to provide spill out space and so any caféspaces along the roadside will be limited to along Coulgate Street which is somedistance from the Brockley Road with its higher traffic flows. The proposal isconsidered to be acceptable in terms of air quality.

Impact on Adjoining Properties6.70 This section focuses on the impact that the scheme would have on the propertiessurrounding the site. Policies HSG 4 Residential Amenity and HSG 5 Layout andDesign of New Residential Development seek to ensure that new developmentsare designed so that the amenities of existing residential properties are notunacceptably harmed. The Council’s Residential Development Standards SPD(August 2006) sets out detailed guidance on this.Privacy6.71 With regard to privacy, concerns were raised by the occupant of 2a CoulgateStreet about the potential for overlooking. The Residential DevelopmentStandards SPD states that on main rear elevations, unless it can be demonstratedthat privacy can be maintained through design, there should be a minimumseparation of 21 metres between directly facing habitable room windows. Thereare five windows in the first floor of the Coulgate Street cottages that face directlyonto the development. One of these is obscure glazed and likely to serve abathroom.6.72 There are no windows in the facing elevation of the proposed development thatwould directly overlook these windows. The proposal has been designed so thatthe height of the proposal is lower fronting these windows. At first floor level, thereare some windows with potential for overlooking, but these are set back behindthe terrace amenity space which includes high level screening to prevent viewsbetween the properties. A condition is recommended requiring details of thescreening to be submitted to the Council and for the screening to be retained forthe lifetime of the development. There are no facing windows at 2 nd or third floorlevel. Subject to the details of the proposed screening, it is not considered that theproposal would result in an appreciable loss of privacy for the existing properties.Outlook6.73 The existing use is considered to be unsightly and the existing single storeybuildings and canopy have a detrimental impact on the outlook from the windowsto the rear of Coulgate Street. Replacing the existing low quality buildings with ahigh quality proposal is considered to go some way in improving the outlook fromthese windows. However, the scale of the proposed building is larger than theexisting buildings on site and it is considered that this has the potential to result inan increased sense of enclosure when viewed from these properties. As set outabove, the proposed development is lower to the north of the site opposite thesewindows which serves to partially mitigate the impact of the proposal. Theproposal ranges from 1 ½ to 3 storeys high in this location with a separationdistance of approximately 3m.6.74 The Council’s Residential Standards SPD states that the minimum distancebetween habitable rooms on the main rear elevation and the rear boundary ofadjoining development, should normally be 9 metres or more. These guidelineswill be interpreted flexibly depending on the context of the development. Giventhe urban context of the site and the existing relationship between the cottagesand the existing buildings on site, it is not considered feasible to retain the 9mdistance.

6.75 The separation distance between the existing properties and the proposal islimited and it is considered that there will be some increased sense of enclosureas a result of the proposal, despite the improvements the loss of the existing usewill bring. However, it is not considered that this would provide a reason to refusethe proposal as the cottages will retain an adequate level of outlook, given thecurrent situation which is not ideal.6.76 The applicant have confirmed that they are amenable to passing the 3m ‘alleyway’between the cottages and the rear wall of the proposal to the cottages to enlargetheir very small amenity spaces. No details of how this will be achieved havebeen provided and a condition is recommended requiring details of the treatmentof this space to be submitted and approved by the Council if this transfer does nottake place. While this would go some way to mitigating the impact of the proposalon these properties, any future arrangements which may or may not be agreedmade between the applicant and the owners of the cottages cannot be consideredin determining the current application.6.77 The proposal is separated from all other surrounding buildings by roads. It isconsidered that the relationship that will be established between other facingwindows will be acceptable, as set out in the residential standards SPD whichstates that the acceptable distance between front elevations should normally bedetermined by the character of road widths in the area.Sunlight/Daylight6.78 The sunlight and daylight information that has been submitted in support of theapplication confirms that the proposal has been designed to ensure that there willnot be a perceivable loss of sunlight or daylight to the surrounding properties.This is the case for the majority of the surrounding properties, however, there willbe some loss of daylight to 3 Coulgate Street that will be perceivable to theoccupiers and may result in the habitable room lit by these windows appearingmore gloomy and needing to be lit by electric lighting more of the time.6.79 Policy HSG 5 of the UDP requires new development to be neighbourly. Whilst theloss of daylight to a neighbouring property is not ideal, this should be consideredin the context of the other benefits of the scheme. It is not considered that theexisting use makes a good neighbour to the cottages. It is considered that theproposed use will result in an improvement to the living conditions of the cottagesas it less likely to result in a loss of amenity as a result of noise and fumes. It isconsidered that the loss of daylight to this window will be partially mitigated by theimproved outlook to the rear of the property. The outlook from this window wouldchange from facing onto a canopy and roof at very close range to looking out overan increased sized landscaped amenity space and a high quality scheme. Onbalance, it is considered that the proposal will have an acceptable impact on theliving conditions of those living in this property.Sustainability and Energy6.80 Policy 5.2 Minimising carbon dioxide emissions of the London Plan requires allnew developments to make the fullest contribution to minimising carbon dioxideemissions in accordance with the energy hierarchy of:• Be lean: use less energy;

Planning Obligations6.87 The National Planning Policy Framework (NFFP) states that in dealing withplanning applications, local planning authorities should consider whetherotherwise unacceptable development could be made acceptable through the useof conditions or planning obligations. Planning obligations should only be usedwhere it is not possible to address unacceptable impacts through a planningcondition. It further states that where obligations are being sought or revised,local planning authorities should take account of changes in market conditionsover time and, wherever appropriate, be sufficiently flexible to prevent planneddevelopment being stalled. The NFFP also sets out that planning obligationsshould only be secured when they meet the following three tests:(a) Necessary to make the development acceptable(b) Directly related to the development; and(c)Fairly and reasonably related in scale and kind to the development6.88 Paragraph 122 of the Community Infrastructure Levy Regulations 2010 puts theabove three tests on a statutory basis. A planning obligation must satisfy all thetests.6.89 The applicant has provided a planning obligations statement outlining theobligations that they consider are necessary to mitigate the impacts of theDevelopment. The need for these obligations and others have been discussedthroughout this report and the necessary obligations, required to mitigate theimpacts of this Development and secure the benefits of the scheme which areneeded to make it acceptable and deliver the required quality of scheme are setout in the following paragraphs:6.90 Affordable Housing – The applicant has confirmed that the development as isstands cannot support the provision of affordable housing. The viabilityassessment submitted in support of the scheme has been subject to independentverification which confirmed that currently the development cannot support theprovision of affordable housing. However, the independent assessor found thatthe value of the commercial space may increase as a result of the future occupierof this space and it may be possible for the development to make an off-sitecontribution to affordable housing in the future. A clause is thereforerecommended in the s106 agreement requiring the viability of the development tobe reassessed following occupation of 80% of the commercial floorspace and anyuplift in value above 17% of Gross Residential Development Value (GDV) (20% onCost) should go towards an off-site affordable housing contribution;6.91 Financial Contributions – Education contribution: £41,834.69; Health contribution:£32,500; Leisure facilities: £20,816.00, Open space: £37,053.88, Communitycentres/Libraries: £7,851.75; Employment training: £21,206.94 – required to meetthe demands that the additional occupiers will place on local services andfacilities, as well as support jobs and mitigate the loss of employment floorspace.The financial contributions sought have been calculated using the Council’sadopted planning obligations calculator which provides consideration of the likelyimpacts from residential and commercial occupiers. The Open Space contributionhas been slightly discounted to that set out in the Lewisham Planning ObligationsSPD on the basis that the development will make a significant contribution to thepublic realm and open space surrounding the development;

6.92 Sustainable transport and public realm improvements – A sum of £90,000 isproposed which make a contribution towards the planned improvements toCoulgate Street. These improvements are considered to serve a dual purpose interms of rationalising on-street parking and managing traffic flow and improvingthe public realm in the vicinity of the development. This will benefit pedestrians,cyclists and road users accessing Brockley station as well as those accessing thecommercial uses on and adjacent the site. The proposal would result in 56additional residents which would place additional demands on local transportinfrastructure (in particular Brockley Station and the local cycle network given theirproximity to the scheme) and public realm and the contribution will serve tomitigate these demands. In terms of the public realm, the proposed developmentis significant in terms of its height and massing and dominant in terms of itsproximity to the existing Coulgate Street cottages which are considered to beheritage assets. It is considered that the proposed improvements to the publicrealm are necessary to mitigate the impact of the proposal on the cottages and theimpact on the character and appearance of the Conservation Area as a whole;6.93 Car Club membership – the development will be car free but future residents maymake use of the spaces available in the surrounding streets. The Council’sHighways department has recommended the provision of a car club scheme forthe site and the applicant will pay for residential occupants to be members of alocal car club scheme for a period of two years. This is considered to benecessary to encourage a more sustainable alternative to car ownership;6.94 Professional fees – meeting the Council’s costs in commissioning an independentassessment of the viability of the proposal;6.95 Monitoring and costs – Meeting the Council’s costs in assessing the applicationincluding implementation and monitoring costs.6.96 Officers consider that the obligations outlined above are appropriate andnecessary in order to mitigate the impacts of the development and make thedevelopment acceptable in planning terms. Officers are satisfied the proposedobligations meet the three legal tests as set out in the Community InfrastructureLevy Regulations (April 2010).7.0 Local Finance Considerations7.1 Under Section 70(2) of the Town and Country Planning Act 1990 (as amended), alocal finance consideration means:(a)(b)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; orsums that a relevant authority has received, or will or could receive, inpayment of Community Infrastructure Levy (CIL).7.2 The weight to be attached to a local finance consideration remains a matter for thedecision maker.7.3 The Mayor of London's CIL is therefore a material consideration. CIL is payableon this application and the applicant has completed the relevant form. Officershave calculated the CIL liability for the proposal as £69,387.50, although this maybe discounted due to the existing commercial floorspace being occupied.

8.0 Conclusion8.1 Officers consider that the proposed development is of a high standard of designthat will make a positive contribution to the character and appearance of theBrockley Conservation Area and provide a good overall standard of livingaccommodation. It is considered that the level of development proposed wouldmaximise the potential of the site whilst retaining a commercial element which willcontinue to make a valuable contribution to employment in the borough. Theimpact on neighbouring residents is considered not to be significantly harmful thatit would warrant refusal. Whilst it is regrettable that the development will notdeliver any affordable housing, the applicant has provided sufficient justification forthis which has been supported through independent analysis. Should the returnfrom the development improve in the future, a mechanism is in place through thes106 agreement to capture a financial contribution towards affordable housingonce the profit from the development is raised above the agreed level. Onbalance, the development would deliver regeneration benefits and improvementsto the townscape on a key site in the conservation area which is situated in ahighly sustainable location.8.2 This application has been considered in the light of policies set out in thedevelopment plan and other material considerations including policies in the CoreStrategy. Officers consider that the with the necessary conditions and obligationsin place, the proposal would result in a high quality development that wouldsupport the regeneration Brockley Cross and the proposal is therefore consideredacceptable.9.0 Summary of Reasons for Grant of Planning Permission9.1 The Local Planning Authority has considered the particular circumstances of theapplication against relevant planning policy set out in The London Plan (2011),The Core Strategy (2011) and saved policies in the Council’s adopted UnitaryDevelopment Plan (2004). The Local Planning Authority has further had regard tothe Mayor of London’s Supplementary Planning Guidance and Best PracticeGuidance, as well as Planning Obligations Supplementary Planning Document(January 2011), the National Planning Policy Framework, and all other materialconsiderations including the obligations that are to be entered into in the planningagreement in connection with the Development and the conditions to be imposedon the permission.9.2 The Local Planning Authority considers that:1. The mixed use redevelopment of the site for commercial and residential usesis in accordance with Core Strategy Policy 5 (which allows the redevelopmentof employment locations in certain circumstances) and also the draft siteallocation for the site contained in the Site Allocations DPD.2. The proposed residential use of the site is in accordance with Core StrategyPolicy 1, which supports residential uses, and London Plan Policy 3.12 whichidentifies the need to encourage rather than restrain housing development.The site is an appropriate location for a development of the density proposedin accordance with London Plan Policy 3.4, which seeks to optimise thepotential of sites and ensure that development proposals achieve the highestpossible intensity of use compatible with local context, identified designprinciples and public transport capacity.

3. On balance and subject to suitable conditions to secure the high qualitymaterials proposed, the layout of the site, the design of the Development andits scale and massing is considered to be in accordance with Policy 7.7 of theLondon Plan and Policy 18 of the Core Strategy.4. The proposed dwelling mix is considered to be acceptable in accordance withPolicy 1 of the Core Strategy. The provision of no affordable housing is inaccordance with London Plan Policy 3.12 which requires the provision of themaximum reasonable amount of affordable housing that can be achieved onthis site, taking account of targets and scheme viability and the need toencourage rather than restrain residential development.5. The energy demand of the proposed Development has been assessed andfound to be in accordance with Policies 5.2, 5.3 and 5.6 of the London Planand Core Strategy Policy 8 regarding energy and carbon dioxide savings.6. The provisions for pedestrians, cyclists and other road users and the overalltraffic impact of the development have been assessed in accordance withCore Strategy Policy 14 which requires major schemes to take account of therequirements of public transport providers as well improvements to publictransport and facilities for cyclists and pedestrians.7. The proposed level of cycle parking and associated measures to reduce caruse are in accordance Core Strategy Policy 14 regarding sustainablemovement and transport.8. On balance, the benefits inherent in the scheme and the financialcontributions towards achieving other planning policy objectives are inaccordance with Policy 8.2 of the London Plan and Policy 21 of the CoreStrategy regarding planning obligations.9.3 Consideration has also been given to the objections made to the proposeddevelopment. It is considered that none of the material objections outweighs thereasons for granting planning permission.10.0 RECOMMENDATIONS10.1 RECOMMENDATION (A)Authorise officers to negotiate and complete a legal agreement under Section 106of the Town and Country Planning 1990 Act (and other appropriate powers) tocover the following matters including such amendments as considered appropriateto ensure the acceptable implementation of the development:-(1) Future re-assessment of the viability of the proposal following occupation ofthe completed development. Any uplift in value above 17% of GrossResidential Development Value (GDV) (20% on Cost) would be required tomake an off-site contribution to affordable housing.(2) Financial contribution towards:(a) Education contribution: £41,834.69(b) Health contribution: £32,500(c) Leisure facilities: £20,816.00

(d) Open space: £37,053.88(e) Community centres/libraries: £7,851.75(f) Employment training: £21,206.94(g) Sustainable transport and public realm: £90,000.00(3) Provision of a Car club, with free resident membership for 2 years(4) Meeting the Council’s legal, professional and monitoring costs associatedwith the drafting, finalising and monitoring of the Agreement. To includemeeting the cost of external viability consultants appointed by the Council toreview, assess and advise on the viability of the proposed development inany future re assessment.10.2 RECOMMENDATION (B)Subject to completion of a satisfactory legal agreement, authorise the Head ofPlanning to GRANT PERMISSION subject to the following Conditions andInformative:CONDITIONS:(1) Land ContaminationNo development approved by this planning permission shall take place untila remediation strategy that includes the following components to deal withthe risks associated with contamination of the site shall each be submittedto and approved, in writing, by the local planning authority:(a)(b)(c)(d)A preliminary risk assessment which has identified:• all previous uses• potential contaminants associated with those uses• a conceptual model of the site indicating sources, pathways andreceptors• potentially unacceptable risks arising from contamination at thesiteA site investigation scheme, based on (a) to provide information for adetailed assessment of the risk to all receptors that may be affected,including those off site.The results of the site investigation and the detailed risk assessmentreferred to in (b) and based on these, an options appraisal andremediation strategy giving full details of the remediation measuresrequired and how they are to be undertaken.A verification plan providing details of the data that will be collected inorder to demonstrate that the works set out in the remediation strategyin (c) are complete and identifying any requirements for longer-term

monitoring of pollutant linkages, maintenance and arrangements forcontingency action.Any changes to these components require the express written consent ofthe local planning authority. The scheme shall be implemented asapproved.Reason:To ensure any contamination resulting from previous uses of the site isaddressed in accordance with NPPF. To protect groundwater within theunderlying Principal Aquifer, which falls in Source Protection Zone 1 of apublic water supply.(2) Environmental Management PlanNo development shall commence on site (including demolition works) untilsuch time as an Environmental Management Plan has been submitted toand approved in writing by the local planning authority, which shall include,but is not limited to the following items: -• Dust mitigation measures.• Measures to mitigate against noise and air quality impacts associatedwith site preparation, demolition, earthworks, materials handling andstorage, vehicles and plant, construction and fabrication and waste.• Methods of monitoring construction impacts (noise and air quality).• Training of Site Operatives and ensuring the chosen contractorsubscribes to the ‘Considerate Contractors’ scheme.• The location of plant and wheel washing facilities and the operation ofsuch facilities.• Details of measures to be employed to mitigate against noise andvibration arising out of the construction process.• Construction traffic details (volume of vehicle movements likely to begenerated during the construction phase including routes and times).• Hours of workingWorks on site shall only take place in accordance with the approvedEnvironment and Construction Management Plan.Reason:In order that the local planning authority may be satisfied that the demolitionand construction process is carried out in a manner that recognises thelocational characteristics of the site and minimises nuisance to anyneighbouring residential occupiers, and to comply with Policies ENV.PRO10 Contaminated Land and HSG 4 Residential Amenity in the adoptedUnitary Development Plan (July 2004).(3) Construction Management and Logistics PlanNo works (including demolition and construction) shall commence until aConstruction Management and Logistics Plan (CMP) has been submitted to

and approved in writing by the local planning authority, which shall include,but is not limited to the following items: -Location of loading areas, materials storage, site accommodation,hoarding/fence locations;Pedestrian routes and measures to ensure safe pedestrian and vehicleaccess to the Brockley Station and the adjoining premises;Details (including routes) and times of heavy vehicle/servicing movementsand measures to prevent queuing of vehicles requiring access to the site;Details of any traffic management measures that may be required.The CMP shall be in accordance with the Environmental Management Planrequired by Condition (2). No works shall be carried out other than inaccordance with the relevant approved CMP.Reason:To ensure that the demolition and construction processes are carried out ina manner which will minimise possible disturbance from road traffic andsafeguards road safety in accordance with Policies ENV.PRO 9 PotentiallyPolluting Uses, ENV.PRO 11 Noise Generating Development and HSG 4Residential Amenity in the adopted Unitary Development Plan (July 2004)and that all reasonable measures have been taken to improve constructionfreight efficiency by reducing CO 2 emissions, congestion and collisions inaccordance with Policy 14 Sustainable movement and transport and Policy21 Planning obligations of the adopted Core Strategy (June 2011), andPolicy 6.14 Freight in the London Plan (July 2011).(4) Piling:(i) Piling or any other foundation designs / investigation boreholes /tunnel shafts / ground source heating and cooling systems usingpenetrative methods shall not be permitted other than with the expresswritten consent of the local planning authority, which may be given forthose parts of the site where it has been demonstrated that there is noresultant unacceptable risk to groundwater. The development shall becarried out in accordance with the approved details.(i)No impact piling shall take place until a piling method statement(detailing the type of piling to be undertaken and the methodology bywhich such piling will be carried out, including measures to preventand minimise the potential for damage to subsurface sewerageinfrastructure, and the programme for the works) has been submittedto and approved in writing by the local planning authority inconsultation with Thames Water. Any piling must be undertaken inaccordance with the terms of the approved piling method statement.Reason:To prevent contamination of groundwater within the underlying PrincipalAquifer which is located within Source Protection Zone 1 for a public watersupply and because the proposed works will be in close proximity tounderground sewerage utility infrastructure and piling has the potential toimpact on local underground sewerage utility infrastructure.

(5) External Materials and Finishesa) The development hereby approved shall be constructed of thematerials and components as detailed in the Materials andComponents Specification (dated 4/01/2013) and drawings AL-039-101 Rev02, AL-039-102 Rev02, AL-039-103 Rev02, AL-039-104Rev03, AL-039-105 Rev02, AL-039-107 Rev02, AL-039-111 Rev01and AL-039-112 Rev01 hereby approved.b) Notwithstanding part a) above, sample panels of a minimum size of1m 2 of each of the proposed three brick types and recessed ‘faux’windows (showing details of bonding, mortar and pointing) and theproposed roof tiles (showing fixings) shall be constructed on site andapproved by the local planning authority prior to commencement; thedevelopment shall not be carried out otherwise than in accordancewith any such approval given.Reason:To ensure that the design is of the necessary high standard and detailing,and delivers the standard of architecture detailed in the plans, renderedimages and design and access statement in accordance with Policies 15High quality design for Lewisham and 16 Conservation areas, heritageassets and the historic environment of the adopted Core Strategy (June2011) and Policies URB 3 Urban Design and URB 16 New Development,Changes of Use and Alterations to Buildings in Conservation Areas in theadopted Unitary Development Plan (July 2004).(6) Windows and Doors:The development hereby approved shall not commence until samples ofthe three types of steel look-a-like windows and door systems (WIN-1, WIN-2 and WIN-3) and spandrel panels as set out in the Materials andComponents Specification Key (dated 4/01/2013) have been submitted andapproved by the local planning authority; the development shall not becarried out otherwise than in accordance with any such approval given.Reason:To ensure that the design is of the necessary high standard and detailing,and delivers the standard of architecture detailed in the plans, renderedimages and design and access statement in accordance with Policies 15High quality design for Lewisham and 16 Conservation areas, heritageassets and the historic environment of the adopted Core Strategy (June2011) and Policies URB 3 Urban Design and URB 16 New Development,Changes of Use and Alterations to Buildings in Conservation Areas in theadopted Unitary Development Plan (July 2004).(7) External Finishes:The development hereby approved shall not commence until detailsincluding 1:20 plans, sections and elevations and samples of the followingelements have been submitted and approved by the local planningauthority:

• All residential entrances (including but not limited to doors andentrance canopies);• All glazed and metal balustrades (including but not limited to fixingsdetails and confirmation of glazing modules);• Projecting balconies (including but not limited to details of fixings);• Details of all structural glazing elements (to include the glazed core offCoulgate Street, glazing to the ‘penthouse’ apartment facing FoxberryRoad and the window to 3 rd Floor studio unit);These will be in strict accordance with the Materials and ComponentsSpecification Key (dated 4/01/2013) and approved drawings; thedevelopment shall not be carried out otherwise than in accordance with anysuch approval given.Reason:To ensure that the design is of the necessary high standard and detailing,and delivers the standard of architecture detailed in the plans, renderedimages and design and access statement in accordance with Policies 15High quality design for Lewisham and 16 Conservation areas, heritageassets and the historic environment of the adopted Core Strategy (June2011) and Policies URB 3 Urban Design and URB 16 New Development,Changes of Use and Alterations to Buildings in Conservation Areas in theadopted Unitary Development Plan (July 2004).(8) Extract for Air Source Heat Pumps and Mechanical Ventilation:Details of any vents or air intake/extract pipes serving the Air Source HeatPumps and mechanical ventilation system should be submitted to andapproved in writing by the local planning authority prior to thecommencement of development. These shall be sited so as to reduceimpact on the appearance of the development. The development shall notbe carried out other than in accordance with the approved details.Reason:To ensure that that any necessary air intake/extract vents or pipes do notcompromise the high standard of design and detailing shown in the plans,rendered images and design and access statement, and to ensure that thelocation of any air intake pipes are situated away from sources of airpollution, in accordance with Policies 9 Improving local air quality, 15 Highquality design for Lewisham and 16 Conservation areas, heritage assetsand the historic environment of the adopted Core Strategy (June 2011) andPolicies URB 3 Urban Design and URB 16 New Development, Changes ofUse and Alterations to Buildings in Conservation Areas in the adoptedUnitary Development Plan (July 2004).(9) Rooftop Plant/Equipment(a)No development shall commence on site until full details of anyproposed rooftop plant and equipment for each of the buildingshereby approved have been submitted to and approved in writing bythe local planning authority, such that the plant is not visible abovethe roofline of the development.

(b) The development shall be constructed in accordance with theapproved details.ReasonTo ensure that the local planning authority may be satisfied as to theexternal appearance of the building(s) and to comply with Policy 15 Highquality design for Lewisham of the adopted Core Strategy (June 2011) andPolicy URB 3 Urban Design in the adopted Unitary Development Plan (July2004).(10) Plumbing and PipesNo plumbing, pipes, flues, vents or airbricks shall be fixed on the externalfaces of the building (other than those approved in relation to condition 7),unless otherwise agreed in writing by the local planning authority.Reason:B09R(11) LandscapingFull details of both hard and soft landscaping including paving, boundarytreatments (including edges between the courtyard and built form) andgates, planters and a schedule of planting shall be submitted to andapproved in writing by the local planning authority prior to thecommencement of any above ground works. The information submittedshall include details of the treatment of the area of the site directly adjacentto the gardens of the Coulgate Street cottages. The details shall be generalconformity with the Materials and Components Key Specification (dated4/01/2013) hereby approved. Any plants which within a period of 5 yearsfrom the completion of development die, are removed or become seriouslydamaged or diseased, shall be replaced in the next planting season withothers of similar size and species, unless the local planning authority hasgiven written consent to any variation.Reason:L01R(12 Tree ProtectionNo development shall commence on site until adequate steps have beentaken in accordance with BS 5837:2012 Trees to safeguard the street treeadjoining the site against damage prior to or during building works,including the erection of fencing. The steps taken will be in strictaccordance with the recommendations contained in the approveddocument “Arboricultural Report & Method Statement” (Ref: 08813)prepared by Crown Consultants and dated 13 th September 2012. Suchprotection shall be retained until the development has been completed. Noexcavations, site works, trenches or channels shall be cut, or pipes orservices laid in such a way as to cause damage to the root structure of thetrees.

Reason:To safeguard the health and safety of trees during building operations andthe visual amenities of the area generally and to comply with Policy 12Open space and environmental assets of the adopted Core Strategy (June2011) and Policies URB 3 Urban Design, URB 12 Landscape andDevelopment and URB 13 Trees in the adopted Unitary Development Plan(July 2004).(13) Screening:Prior to the commencement of the development hereby approved, details ofthe screening of the roof terraces at first and third floor level (to avoidoverlooking of the existing Coulgate Street cottages) shall be submitted andapproved in writing by the local planning authority.Reason:To avoid the direct overlooking of adjoining properties and consequent lossof privacy thereto and to comply with Policies URB 3 Urban Design andHSG 5 Layout and Design of New Residential Development in the adoptedUnitary Development Plan (July 2004).(14) Sound Insulation:Full written details, including relevant drawings and specifications of:-a) The existing construction of the walls separating the developmenthereby permitted and the adjacent properties; andb) The proposed works of soundproofing against airborne and impactsoundshall be submitted to and approved in writing by the local planningauthority. The use hereby permitted shall not commence until thesoundproofing works have been implemented in accordance with theapproved details. The soundproofing shall be retained permanently withthe approved details.ReasonTo safeguard the amenities of the adjoining premises and the areagenerally and to comply with Policies ENV.PRO 9 Potentially PollutingUses, ENV.PRO 11 Noise Generating Development and HSG 4 ResidentialAmenity in the adopted Unitary Development Plan (July 2004).(15) Ventilation Systems:No A3 uses shall commence on site until detailed plans and a specificationof the appearance of and the equipment comprising a ventilation systemwhich shall include measures to alleviate noise, vibration, fumes andodours (and incorporating active carbon filters, silencer(s) and anti-vibrationmountings where necessary), have been submitted to and approved inwriting by the local planning authority. The ventilation system shall beinstalled in accordance with the approved plans and specification before the

development hereby permitted first commences and shall thereafter bepermanently maintained in accordance with the approved specification.Reason:To safeguard the amenities of the adjoining premises and the areagenerally and to comply with Policies ENV.PRO 9 Potentially PollutingUses, ENV.PRO 11 Noise Generating Development and HSG 4 ResidentialAmenity in the adopted Unitary Development Plan (July 2004).(16) External Noise Protection:(i)(ii)The building shall be constructed so as to provide sound insulationagainst external noise, to achieve levels not exceeding 30dB LAeq(night) and 45dB LAmax (measured with F time-weighting) forbedrooms, 35dB LAeq (day) for other habitable rooms, with windowsshut and other means of ventilation provided.Development shall not commence until details of a sound insulationscheme complying with paragraph (i) of this condition have beensubmitted to and approved in writing by the local planning authority.(iii) The development shall not be occupied until the sound insulationscheme approved pursuant to paragraph (ii) of this condition has beenimplemented in its entirety. Thereafter, the sound insulation schemeshall be maintained in perpetuity.Reason:To safeguard the amenities of residents and to comply with Policy HSG 4Residential Amenity in the adopted Unitary Development Plan (July 2004),(i) and to ensure any impacts arising from the proposed Development (andany measures required to mitigate those impacts) are consistent with theNoise Assessment accompanying the application.(17) External Noise Protection – Fixed plantThe rating level of the noise emitted from fixed plant on the site shall be5dB below the existing background level at any time. The noise levels shallbe determined at the façade of any noise sensitive property. Themeasurements and assessments shall be made according to BS4142:1997.(i)Development shall not commence until details of a scheme complyingwith paragraph (i) of this condition have been submitted to andapproved in writing by the local planning authority.(ii) The development shall not be occupied until the scheme approvedpursuant to paragraph (ii) of this condition has been implemented in itsentirety. Thereafter, the scheme shall be maintained in perpetuityReason:To safeguard the amenities of the adjoining premises and the areagenerally and to comply with Policies ENV.PRO 9 Potentially PollutingUses, ENV.PRO 11 Noise Generating Development and HSG 4 ResidentialAmenity in the adopted Unitary Development Plan (July 2004).

(18) Sustainability MeasuresThe development hereby approved will be carried out in accordance withthe energy strategy contained in the approved document “CombinedEnergy and Sustainability Statement for 180 Brockley Road, Lewisham”(VERSION 1.1 dated May 2012) and the Addendum Report “180 BrockleyRoad” (dated August 2012), unless otherwise approved in writing by thelocal planning authority.Reason:To ensure the development achieves the maximum possible in respect ofenergy and carbon emissions and to comply with Policies 5.1 Climatechange mitigation, 5.2 Minimising carbon dioxide emissions, 5.3Sustainable design and construction, 5.7 Renewable energy, 5.15 Wateruse and supplies, Waste self-sufficiency of the London Plan (July 2011)and Policy 7 Climate change and adapting to the effects and Policy 8Sustainable design and construction and energy efficiency of the CoreStrategy (June 2011).(19) Code for Sustainable Homes(i)(ii)The residential units hereby approved shall achieve a Code forSustainable Homes Rating Level 4;Prior to commencement of development a Design Stage certificate(prepared by a qualified assessor) shall be submitted to demonstratecompliance with (i);(iii) Within three months of the building being brought into use, evidenceshall be submitted to demonstrate full compliance with therequirements of this condition, which shall include a Post ConstructionCode for Sustainable Homes Certificate (prepared by a qualifiedassessor).Reason:To ensure the development achieves the maximum possible in respect ofenergy and carbon emissions and to comply with Policies 5.1 Climatechange mitigation, 5.2 Minimising carbon dioxide emissions, 5.3Sustainable design and construction, 5.7 Renewable energy, 5.15 Wateruse and supplies, Waste self-sufficiency of the London Plan (July 2011)and Policy 7 Climate change and adapting to the effects and Policy 8Sustainable design and construction and energy efficiency of the CoreStrategy (June 2011).(20) BREEAM(i)(ii)The commercial units hereby approved shall achieve a BREEAMRating of minimum ‘Excellent’;No development (including works of demolition) shall commence onsite until a Design Stage Certificate for each commercial unit

(prepared by a BRE qualified Assessor) has been submitted to andapproved in writing by the local planning authority to demonstratecompliance with part (i);(iii)Within 3 months of occupation of any of the buildings, evidence shallbe submitted in the form of a Post Construction Certificate (preparedby a BRE qualified Assessor) to demonstrate full compliance withpart (i) for that specific unit/building.ReasonTo ensure that the development achieves the maximum possible in respectof energy and carbon emissions and to comply with Policies 5.1 Climatechange and mitigation, 5.2 Minimising carbon dioxide emissions, 5.3Sustainable design and construction, 5.7 renewable energy, 5.15 Wateruse and supplies in the London Plan (2011) and Core Strategy Policy 7Climate change and adapting to the effects, Core Strategy Policy 8Sustainable design and construction and energy efficiency (2011).(21) Living RoofsDetails of the living roofs, which shall cover an area no less than 380sqm,shall be submitted to and approved in writing by the Local PlanningAuthority prior to the commencement of development. A 1:20 scale plan [ofthe living roof] that includes contoured information depicting the extensivesubstrate build up and a cross section showing the living roof componentsshall be submitted for approval. The living roof shall be:a) biodiversity based with extensive substrate base (depth shall varybetween 80-150mm with peaks and troughs but shall average at least133mm);b) laid out in accordance with plan AL-039-00R Rev01 hereby approved;and will include details of how the roof has been designed toaccommodate any plant and management arrangements;c) plug planted & seeded with an agreed mix of species within the firstplanting season following the practical completion of the buildingworks.The living roofs shall not be used as an amenity or sitting out space of anykind whatsoever and shall only be used in the case of essentialmaintenance or repair, or escape in case of emergency.The Development shall be carried out strictly in accordance with the detailsso approved, shall be maintained as such thereafter and no change therefrom shall take place without the prior written consent of the Local PlanningAuthority.d) Evidence that the roof has been installed in accordance with subpointsa) to c) above shall be submitted to and approved in writing bythe Local Planning Authority prior to the first occupation of theDevelopment hereby approved.

ReasonTo ensure the Development provides the maximum possible provisiontowards creation of habitats and valuable areas for biodiversity inaccordance with policies OS 13 Nature Conservation of the Lewisham UDP(July 2004); Policies 5.11 (Green roofs and development sites environs)and 7.19 (Biodiversity and access to nature) in the London Plan (July2011); and Policies 7 (Climate change and adapting to the effects), 10(Managing and reducing the risk of flooding) and 12 (Open space andenvironmental assets) of the Core Strategy (June 2011).(22) Methodology Statement:A methodology statement by a structural engineer should be submitted andapproved by the local authority before the commencement of any worksexplaining any possible risks to the fabric or structural integrity to theexisting early and late 19th century houses at Coulgate Street and whatmeasures are to be taken to protect these and ensure the structuralintegrity of these buildings is maintained.Reason:To ensure that the structural integrity of the Coulgate Street cottages issuitably protected during construction of the approved development suchthat the development will not have a detrimental impact on these heritageassets and to comply with Policy 16 Conservation areas, heritage assetsand the historic environment of the Core Strategy (June 2011).(23) Public Realmi. The Development hereby approved shall not be occupied until thelandscape works to the courtyard approved under condition 10 of thispermission have been implemented in full.ii.Prior to the commencement of the development, the works to securethe following:o closure of the existing crossovers on Foxberry Road and BrockleyRoad;o the re-instatement of the footway on Foxberry Road and BrockleyRoad following practical completion;o the provision of a loading bay and 2 disabled spaces on FoxberryRoad; ando any necessary changes to the associated Traffic Regulation Orderwill be secured through a Section 278 Agreement; to be completed prior tothe occupation of the Development.ReasonTo ensure that the Development achieves the quality proposed in theapplication documents and is carried out in accordance with the documentshereby approved and that it makes a positive contribution to theappearance of the locality and to comply with Policy URB 3 Urban Designin the adopted Unitary Development Plan (July 2004).

(24) Oversail/Projection Licence:No development shall commence on site until an application for anoversail/projection licence under S177 of the highways Act 1980 (in relationto the projecting balconies) has been submitted to and approved in writingby the highways authority.Reason:In order to ensure that the proposed projecting balconies are acceptableand to comply with Policy 14 Sustainable Movement and Transport of theCore Strategy (June 2011).(25) Land Contamination – verification report:No occupation of any part of the permitted development shall take placeuntil a verification report demonstrating completion of works set out in theapproved remediation strategy and the effectiveness of the remediationshall be submitted to and approved, in writing, by the local planningauthority. The report shall include results of sampling and monitoringcarried out in accordance with the approved verification plan todemonstrate that the site remediation criteria have been met. It shall alsoinclude any plan (a ‘long-term monitoring and maintenance plan’) forlonger-term monitoring of pollutant linkages, maintenance andarrangements for contingency action, as identified in the verification plan.The long-term monitoring and maintenance plan shall be implemented asapproved.Reason:To ensure any contamination resulting from previous uses of the site isaddressed in accordance with NPPF. To protect groundwater within theunderlying Principal Aquifer, which falls in Source Protection Zone 1 of apublic water supply.(26) Removal of CrossoversThe development hereby approved shall not be occupied until the existingvehicle crossovers on Brockley Road and Foxberry Road have beenremoved and the pavement reinstated.ReasonH04R(27) Travel Plan(i)No occupation/use of the development hereby approved shall takeplace until such time as a user Travel Plan, in accordance withTransport for London’s relevant Best Practice Guide for Travel Planshas been submitted to and approved in writing by the local planningauthority. The development shall operate in full accordance with allmeasures identified within the Travel Plan from first occupation.

(ii)The Travel Plan shall specify initiatives to be adopted by the newdevelopment to encourage access to the site by a variety of non-carmeans, shall set targets and shall specify a monitoring and reviewmechanism to ensure compliance with the Travel Plan objectives. TheTravel Plan must include use of the buildings/site for communitypurposes.(iii) Within the timeframe specified by (i) and (ii), evidence shall besubmitted to demonstrate compliance with the monitoring and reviewmechanisms agreed under parts (i) and (ii).ReasonIn order that both the local planning authority and highway authority may besatisfied as to the practicality, viability and sustainability of the Travel Planfor the site and to comply with Policy 14 Sustainable movement andtransport of the adopted Core Strategy (June 2011).(28) Cycle Parking(i)(ii)A minimum of 41 cycle spaces shall be provided for the use ofresidential and commercial occupiers in accordance with the planshereby approved.The approved cycle storage shall be provided before the developmenthereby permitted is occupied and shall be retained permanentlythereafter.ReasonIn order to ensure adequate provision for cycle parking for both the studentand commercial elements of the proposal, to secure the delivery ofadditional cycle parking if required and to comply with Policy 14 Sustainablemovement and transport of the adopted Core Strategy (June 2011).(29) Wheelchair UnitsThe development hereby permitted shall not be occupied until the twowheelchair units are provided in accordance with drawing number AL-039-005. The units shall be retained in perpetuity.ReasonTo ensure the scheme provides wheelchair accessible accommodation inaccordance with London Plan Policy 3.8(30) Residential Refuse:Notwithstanding the information submitted, details of the construction,including facing materials, of the proposed refuse storage facilities for theresidential element of the development shall be submitted to and approvedin writing by the local planning authority and the facilities shall beconstructed in accordance with the approved details before any of theresidential units hereby approved are occupied.

Reason:In order that the local planning authority may be satisfied as to theappearance of the refuse chamber and to comply with Policy 15 Highquality design for Lewisham of the adopted Core Strategy (June 2011) andPolicy URB 3 Urban Design in the adopted Unitary Development Plan (July2004)(31) Commercial Refuse:Prior to the occupation of the commercial units a Waste Management Planshall be submitted and approved in writing by the local planning authority.The plan should include details of refuse and re-cycling storage andcollection points which should be accessible from within 10m of kerbline.The plan should illustrate how bins will be brought out to collection pointson collection days and returned.Reason:In order that the local planning authority may be satisfied with theprovisions for refuse collection for the commercial element of the schemeand to comply with Policy 15 High quality design for Lewisham of theadopted Core Strategy (June 2011) and Policy URB 3 Urban Design in theadopted Unitary Development Plan (July 2004).(32) Commercial Delivery & Servicing PlanPrior to the occupation of the commercial units a Delivery & Servicing Planshall be submitted and approved in writing by the local planning authority.The plan should include details of measures to rationalise the number andtime of delivery and servicing trips to the commercial element of thedevelopment, with the aim of reducing the impact of servicing activity.Reason:In order that the local planning authority may be satisfied with theprovisions for servicing and deliveries to the commercial element of thescheme and to comply with Policy 14 Sustainable movement and transportin the adopted Core Strategy (June 2011).(33) Commercial Entrances:Prior to the occupation of the commercial units, details of the commercialentrances (including but not limited to doors and entrance canopies)including 1:20 plans, sections and elevations shall be submitted andapproved by the local planning authority.Reason:To ensure that the design is of the necessary high standard and detailing,and delivers the standard of architecture detailed in the plans, renderedimages and design and access statement in accordance with Policies 15High quality design for Lewisham and 16 Conservation areas, heritageassets and the historic environment of the adopted Core Strategy (June2011) and Policies URB 3 Urban Design and URB 16 New Development,Changes of Use and Alterations to Buildings in Conservation Areas in theadopted Unitary Development Plan (July 2004).

(34) No individual A1 unit within the development hereby approved shall exceeda floor area of 190sqm.Reason: In order to protect the unique character of the conservation areaand the distinctiveness of Brockley Cross and in accordance with SpatialPolicy 4 Local Hubs of the Core Strategy (June 2011)Informatives1. The Council engages with all applicants in a positive and proactive waythrough specific pre-application enquiries and the detailed advice availableon the Council’s website. On this particular application, positivediscussions took place at pre-application stage and also following thesubmission of the planning application. This resulted in further informationbeing submitted regarding the detailing of the proposal and (followingdetailed negotiations) allowing the proposed materials for the scheme to beagreed prior to the grant of planning permission being recommended.2. For the avoidance of doubt, the works required in discharging condition 1should include but not be limited to:• gas monitoring at the site to characterise the local gas regime;• a detailed survey of identified UST's; and• intrusive investigation for contaminants of concern (particularlyorganics and DQRA where necessary)3. With regards to the Construction Management Plan in relation to condition3, the heavy goods vehicle routes recommended will need to take intoaccount the need to avoid damage to recent highways improvementworks carried out to Coulgate Street.4. Assessment of the sound insulation scheme in relation to condition 16should be carried out by a suitably qualified acoustic consultant, andshould be guided by the advice and comply with the standards given inthe current BS8233 for internal noise design levels.5. Assessment of the scheme in relation to condition 17 should be carriedout by a suitably qualified acoustic consultant.6. Where it is proposed to store more than 200 litres (45 gallon drum =205litres) of any type of oil on site it must be stored in accordance withthe Control of Pollution (oil storage) (England) Regulations 2001. Drumsand barrels can be kept in drip trays if the drip tray is capable of retaining25% of the total capacity of all oil stored.7. In relation to condition 4, the applicant is advised to contact ThamesWater Developer Services on 0845 850 2777 to discuss the details of thepiling method statement.8. With regard to surface water drainage it is the responsibility of adeveloper to make proper provision for drainage to ground, water coursesor a suitable sewer. In respect of surface water it is recommended that

the applicant should ensure that storm flows are attenuated or regulatedinto the receiving public network through on or off site storage. When it isproposed to connect to a combined public sewer, the site drainage shouldbe separate and combined at the final manhole nearest the boundary.Connections are not permitted for the removal of Ground Water. Wherethe developer proposes to discharge to a public sewer, prior approvalfrom Thames Water Developer Services will be required. They can becontacted on 0845 850 2777.9. Legal changes under The Water Industry (Scheme for the Adoption ofprivate sewers) Regulations 2011 mean that the sections of pipes youshare with your neighbours, or are situated outside of your propertyboundary which connect to a public sewer are likely to have transferred toThames Water's ownership. Should your proposed building work fallwithin 3 metres of these pipes we recommend you contact Thames Waterto discuss their status in more detail and to determine if a building over /near to agreement is required. You can contact Thames Water on 0845850 2777 or for more information please visit our website atwww.thameswater.co.uk.10. Thames Water recommend the following informative be attached to thisplanning permission. Thames Water will aim to provide customers with aminimum pressure of 10m head (approx 1 bar) and a flow rate of 9litres/minute at the point where it leaves Thames Waters pipes. Thedeveloper should take account of this minimum pressure in the design ofthe proposed development.10.3 RECOMMENDATION (C)In respect of Conservation Area Consent application no. DC/12/80370: authorisethe Head of Planning to GRANT PERMISSION subject to the following Condition:LB2 Retention of BuildingsReason:LB2R