PLANNING COMMITTEE 22/02/2006 SCHEDULE ITEM:- 11..Site Location; SOUTHALL COURT LADY MARGARET ROAD SOUTHALL MIDDLESEX UB1 2RG.

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1 PLANNING COMMITTEE 22/02/2006 SCHEDULE ITEM:- 11.Site Location; SOUTHALL COURT LADY MARGARET ROAD SOUTHALL MIDDLESEX UB1 2RG Form Letters49

2 PLANNING APPLICATION REPORT DATE: 22 February 2006 PLANNING COMMITTEE REF: P/2005/3922 WARD: Dormers Wells PLANNING OFFICER: Natasha Harras TEAMS MANAGER: Blaithin Butler Address: Proposal: Southall Court, Lady Margaret Road, Southall UB1 2RG Construction of three garage blocks comprising 16 garages Application Received: 14/10/2005 Type of Application: Full Application RECOMMENDATION GRANT planning permission for proposed development as shown on Drawing Nos. RPAS/SRC/LMR/101, RPAS/SRC/LMR/102, PAS/SRC/LMR/201, RPAS/SRC/LMR/202, RPAS/SRC/LMR/301, RPAS/SRC/LMR/302 and site plan received on 14 October 2005, subject to the following conditions:- 1. Time Limit The development permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 (as amended). 2. Matching materials The materials to be used for the external surfaces of the development shall match those of the existing garages at Southall Court. Reason: To ensure that the materials harmonise with the surroundings, in accordance with policies 4.1 and 5.5 of the adopted Ealing Unitary Development Plan, 'Plan for the Environment' (2004). 3. Parking Retained The garages hereby permitted shall be kept continuously available without obstruction for car parking and shall not be used for any other purpose, including business, residential, or storage uses. Reason: To accord with the terms of the submitted application, to maintain parking levels within the site, to prevent the introduction of any Ver1 oct

3 INFORMATIVES: alternative use without prior consideration of the planning issues, and to protect the amenities of neighbouring properties, in accordance with policies 4.1, 5.5, and 9.1 of the adopted Ealing Unitary Development Plan Plan for the Environment (2004). 1. The decision to grant planning permission has been taken having regard to the policies and proposals in the Adopted Ealing Unitary Development Plan and to all relevant material considerations including Supplementary Planning Guidance: Adopted UDP Policies: 4.1 Design of Development 5.5 Residential Design 9.1 Development, Access and Parking In reaching this decision, specific consideration was given to whether the subject site is suitable for the proposed development and its compatibility with the character and nature of the neighbouring areas. It is considered, given the location, together with the nature of the development and form of development, that planning permission could reasonably be granted in this case. It is not considered that there are any other material considerations that would warrant a refusal of the application. 2. Construction and demolition works, audible beyond the boundary of the site shall only be carried out between the hours of 0800 and 1800 hours Mondays to Fridays and 0800 and 1300 hours on Saturdays and not at all on Sundays and Public Holidays. The maximum permitted noise levels are: - not greater than 72 db L Aeq.10 hr Mondays to Fridays - not greater than 72 db L Aeq.5 hr Saturdays. 3. Conditions on building over any public sewers which may cross the development site may need to be imposed. You should contact the Thames Water Utilities Ltd., Hammersmith Main Drainage Dept., 46 Chancellors Road, London W6 9QD before commencing any building work. 4. This permission does not purport to establish, or override, any legal ownership rights. Ver1 oct

4 CONSULTATION: Neighbour Notification: 96 nearby properties were consulted on the 7 th November The consultation period expired on 28 November One letter of objection was received from Southall Court Residents Association as detailed below: Southall Court Residents Association: (note: the residents association is a group of interested residents within the flatted development and is not the same as the applicant and owner company: Southall Court (Residents) Ltd.) The construction of the garages will create disharmony between the leaseholders, as there will be in total 22 garages and 48 leaseholders. Response: Not a material planning consideration. There is no parking in Southall Court. The garages will introduce traffic. Response: Parking does exist on the site. The garages would replace existing uncovered parking spaces and would result in no material impacts to existing traffic on site. Contrary to the information on the application form, there is a public right of way within the site leading to Frederick House. Response: The Council s Land Charges section has confirmed that there is no public right of way on the site. In addition, the change from open parking to garages would result in no impacts to access to Frederick House. There will not be enough space for the vehicles to reverse. Response: There would be no change to the width of the internal roadway and therefore no change to existing manoeuvring space. The Council s Transport Services section raised no objection in terms of manoeuvring areas. The children s playground will be obstructed. Response: Access to the playground would not be detrimentally affected, although the proposed garages would obstruct views to the playground. Views to the play area are to some extent obstructed and refusal of the application on the basis of further obstruction of views is not considered warranted. Refer to discussion below. The construction will create chaos for all the residents Ver1 oct

5 Response: Not a material planning consideration The freeholder did not give permission for the garages Response: The freeholder is the applicant. The director of the company has advised that the company supports the application. Transport Services: It is confirmed that subject to achieving a clear space of 2.4m x 4.8m for parking inside each individual garage, there would appear to be no objections from a highway point of view. RELEVANT PLANNING HISTORY Ref Date Proposal Decision P/2002/ /02/2002 Erection of block of garages on existing carpark, and front boundary wall. Refused P/2002/ /01/2003 Erection of a block of garages on existing carpark, new front boundary wall, and installation of retractable ramp to front entrance of Southall Court. Approved PLANNING CONSIDERATIONS: SUMMARY This application relates to a proposal to construct 3 garage blocks, with a total of 16 garages, at the rear of Southall Court. The application is before Committee as an objection was received from the Southall Court Residents Association. The proposal is considered to respect the character and design of the buildings in Southall Court and would be unlikely to result in any adverse impacts on adjacent neighbours. The application is considered to be consistent with the aims of the relevant adopted UDP policies. SITE DESCRIPTION Southall Court is located on the eastern side of Lady Margaret Road. It is a three storey residential flatted development. At the rear of the site is an off-street parking area and private children s play area. There is a row of existing garages and another 30+ spaces in an unmarked parking area. The site is within the Southall Community Regeneration Area and within a controlled parking zone. DETAILS OF THE PROPOSAL Planning permission is sought for construction of three garage blocks comprising 16 garages, to be located on the existing car parking area within the site. Block 1 would have three garages, Block 2 would comprise six garages and Block 3 would have 7 garages. The garages would replace existing uncovered parking spaces. The garages would have an internal floor space measuring 2.4m wide and 4.8m Ver1 oct

6 long, and a maximum height of 5m to the top of the barn hipped roof. The design and materials to be used in the construction of the garages would match those of the existing garages on site; the proposed brick, tiled roof and white panelled garage doors are shown on the submitted drawings to match adjacent garages. PLANNING POLICY Adopted Ealing Unitary Development Plan Plan for the Environment (2004) 4.1 Design of Buildings: The design of buildings should be guided by the following principles: Good Layout Appropriate Height and Scale High Quality Architecture and Character Appropriate Materials Sustainability Access for All Community Safety Legibility Appropriate Hard and Soft Landscaping Adaptability However the Council will only approve development that respects adequate standards of safety, natural light, health, privacy and freedom from disturbance or visual intrusion in relation to neighbouring land uses. 5.5 Residential Design: Residential development should provide good living conditions for residents and good architectural quality; it should relate well to its setting, and incorporate sustainability principles. 9.1 Development, Access and Parking: Planning permission will normally only be granted for development which ensures traffic safety, and maximises access on foot, and by wheelchair and bicycle, including provision for parking and other facilities; maximises public transport use; considers the availability of car parks and onstreet parking in the area, provides off-street car parking for journeys which cannot be catered for in any of the above ways, and in any case no more than the Council's maximum requirement; ensures that the surrounding streets are not subject to parking stress or danger or nuisance from inappropriate on-street parking or waiting as a result of the proposed development; REASONED JUSTIFICATION Design & Appearance In terms of design, the proposed garages are in keeping with the character of Southall Court and would be identical in appearance to those garages already at the site, which have been authorised under a previous planning permission (ref: P/2002/3897 dated Ver1 oct

7 21/01/03). The materials to be used in the construction of the proposed garages would match those of the existing garages. This would also be controlled by condition. Impacts to adjoining premises The proposed single storey garage blocks would not have any adverse impact on adjacent neighbours in terms of loss of light / outlook / overshadowing. The garage blocks would not be located in close proximity to the windows of any flats on the site. One of the garage blocks would be located adjacent to the rear boundary of properties on North Avenue, but would be 25m from these dwellings; thus there would be no significant impact to these properties. Garage size & parking The internal size of the proposed garages would meet the area required for a parking space, being 2.4m wide and 4.8m long (policy 9.1). Whilst the access / garage doors would be narrower, with a width of 2.15m, this would provide sufficient space for a car to enter the garage. There are currently no policies in the UDP which relate to the minimum sizes for a garage. The Council s Transport Services section originally raised concerns regarding the size of the garages but has since advised that, subject to achieving a clear space of 2.4m x 4.8m for parking inside each individual garage, no objection is raised to the application. The size of the garages would allow them to be built over existing parking spaces, without encroachment onto the existing roadway or other parking spaces. The proposal would therefore result in no loss of manoeuvring area or loss parking spaces on the site. Impacts to children s play area A small children s play area is located on the northern side of the site, adjacent to the car parking area. The proposed garage blocks would obstruct views of the play area from the carpark. Views of the play area are already significantly obstructed from the residential units due to the playground s location, an existing outbuilding and a fence surrounding the play area. Given that the play area is a private area and not accessible to the public, and given that it is already partially obstructed from view, it is not considered the proposed garages would result in any significant amenity or security impacts to the area. CONCLUSION The proposed garages at this site are considered to be in keeping with the design of existing buildings on the site and would not have harmful impacts to adjoining premises. Concerns relating to garage size and the children s play area are not considered significant enough to warrant refusal of the application. On balance, the proposal is considered to be consistent with UDP policy and as such is recommended for approval, subject to the imposition of appropriate conditions. HUMAN RIGHTS: In making your decision, you should be aware of and take into account any implications that may arise from the Human Rights Act Under the Act, it is Ver1 oct

8 unlawful for a public authority such as the London Borough of Ealing to act in a manner that is incompatible with the European Convention on Human Rights. You are referred specifically to Article 8 (right to respect for private and family life), Article 1 of the First Protocol (protection of property). It is not considered that the recommendation for approval of the grant of permission in this case interferes with local residents right to respect for their private and family life, home and correspondence, except insofar as it is necessary to protect the rights and freedoms of others (in this case, the rights of the applicant). The Council is also permitted to control the use of property in accordance with the general interest and the recommendation for approval is considered to be a proportionate response to the submitted application based on the considerations set out in this report. Ver1 oct