Appeal 6000330

The appeal is allowed, and outline planning permission is granted for the demolition of the existing Convent wing building and link and erection of an extension to the school. Erection of a four-storey contemporary residential apartment building to provide 9 flats. Landscaping to be a reserved matter at [site address] in accordance with the terms of the application, Ref 23/5214/OUT, and the plans submitted with it, subject to the conditions in the attached schedule.

The application was made in outline with landscaping reserved for future consideration. I have dealt with the appeal on that basis, treating any details of reserved matters shown on the plans as being indicative.

I have taken the address used in the heading above and in the decision from the Council’s decision notice and submitted appeal form, for reasons of clarity. The address provided in the application form references three different roads.

Since the planning application was determined by the Council, the Council has adopted the Barnet Local Plan 2021-2036 (BLP). The BLP together with the London Plan (LP) now forms part of the development plan. It has replaced Barnet’s Local Plan ([name]) Development Plan Document (CS) and Barnet’s Local Plan (Development Management Policies) Development Plan Document (DMP). The main parties have had the opportunity to comment on the relevant policies of the BLP during the appeal process. Planning decisions must be based on the development plan policies prevailing at the time of determination. I have proceeded on that basis.

The main issues are the effect of the proposed development on: • the character and appearance of the area; and • the living conditions of the future occupiers of Flats 2 and 3, with regard to outlook.

The appeal site relates to the eastern part of the [name] site. It is currently occupied by a three-storey flat roof building known as the [name]. Areas of hardstanding providing car parking also form part of the appeal site. The wider site is occupied by the remainder of the school.

The surrounding area comprises a range of uses including residential properties, the school itself, a church and commercial development to the east along [address]. The surrounding pattern of development is largely characterised by terraced and semi-detached dwellings however there is also some variation to this, such as the school building, the church opposite the site and flatted development to the west. The pattern of development is also more varied to the east, along [address].

The proposed development would result in the demolition of the existing three storey building and replacement with a four-storey building. The proposed footprint would be larger than the existing building, extending further rearwards, and also closer to the boundary with 32 [site address] (No.32). This increase would however be commensurate to the size of the site, and space would remain to the front and rear of the proposed building.

A single storey element would project forwards of the existing building line; however, this element would be small in scale. The main building line would also be sat further forward than the existing building, however to a lesser extent than the single storey front projection. Nonetheless, amongst the wider school site there is not an established building line given the range of buildings and their sitings. For example, the building to the west of the appeal site is sited much further into the site in comparison to the appeal building. Additionally, as noted, space would remain between the front of the building and the highway, reducing the visual impact of the increase in built form. Overall, I consider that the increased footprint would be acceptable for the reasons outlined.

The proposed development would be four storeys in height. The top floor of the apartment building would however be set back from both the front and side elevation. This would help soften the appearance of the additional storey and reduce the perceived massing when viewed from [site address] and [address]. The upper floors of the apartment building would also be stepped in from the boundary with No.32, further softening the impact of the increase in built form and height, and allowing for a visual gap between the appeal property and No.32.

The proposed ridge height would be relatively in line with that of the existing building which the proposed development would be connected to. It would also be in line with that of the adjacent church building. It would sit higher than No.32, however, not by a substantial amount. In addition, there are various four storey buildings in the wider surrounding area such as flatted development to the west and development to the east, towards the junction with [address].

The Council contend that No.32 is not accurately represented on the submitted plans, which give the impression that the ridge is higher than it is. There is however limited compelling evidence before me to confirm that submitted plans are inaccurate and in any case, I do not consider the proposed ridge height to result in unacceptable harm to the character and appearance of the area, for the reasons outlined above.

The proposed contemporary design would somewhat contrast with the existing element of the building which would be retained. However, the existing appeal property, and the building which it is connected to are of different architectural styles with differing roof forms. There is also variation in design within the wider school site and the surrounding area. As such, the scheme would not result in unacceptable harm in this regard.

Overall, for the reasons outlined above, the scheme would have an acceptable effect on the character and appearance of the area. It would therefore be in accordance with Policy CDH01 of the BLP and Policy D3 of the London Plan 2021 (LP). Collectively, amongst other matters, these policies seek to ensure high quality design that responds positively to the character of an area.

The submitted plans show the window serving the bedroom of flat 2 looking out onto a boundary fence at a relatively short distance. Nonetheless, it would still face out onto a private garden area and there would be some distance between the window and fence. Furthermore, given the use of the bedroom, it would likely only be used during certain hours of the day, with occupants using the living area at other times of the day. Although the window serving the living area would also face onto a walled courtyard, there would some distance between the window and the rear wall. Overall, I do not consider the level of outlook from flat 2 to be so harmful as to warrant a refusal of the scheme.

The window serving bedroom 2 and a secondary window serving the living area of flat 3 would face onto the shared boundary with No.32 at a short distance. However given the use of the bedroom, it would likely only be used during certain hours of the day, with occupants using other rooms such as the living area at other times of the day. The living area is also served by large sliding glass doors to the front elevation, facing out onto a private garden. This would provide the living area with a good standard of outlook. Given this, I do not consider the outlook from the bedroom or the secondary window of the living area to result in material harm to the living conditions of future occupiers.

I am also mindful that boundary treatments are included under landscaping, which is a reserved matter. Nonetheless, I am satisfied that the scheme could ensure acceptable outlook for future occupiers, taking into account the potential size and styles of boundary treatments. The scheme would therefore be in accordance with Policy CDH01 of the BLP. Amongst other matters, this policy seeks to provide a good standard of amenity for potential occupants.

Demolition and construction may cause some disruption, but it would be short-term in nature and not significant enough to withhold permission. If the appeal were to be allowed, a condition to control hours of construction could be used. Interested parties have raised concerns regarding dust and noise from demolition and construction. If the appeal were to be allowed, a planning condition requiring the submission of details of the measures to be undertaken to control the emission of dust, noise and vibration could be used.

An interested party has raised concerns regarding loss of privacy and effect on outlook and natural light to the occupiers of neighbouring properties. The Council has however concluded that the scheme would have an acceptable impact on neighbouring amenity. I see no reason to reach a different view on this. There is no substantive evidence before me to demonstrate that the scheme would detrimentally impact security or increase noise levels to an unacceptable level.

An interested party has raised concerns regarding an increase in traffic. However, there would be no increase in the staff or pupil numbers as a result of proposed school extension. The Council outline how trip generation from the proposed 9 self-contained apartments would not be significant and would therefore be unlikely to have an impact on the highway network. I see no reason to disagree with this. Additionally, both main parties also agree that the development should be car free. The Council has suggested that this could be ensured through a Section 106 agreement to deny residents the right purchase a controlled parking zone permit. There is no such agreement before me, however the lack of agreement does not constitute a refusal reason. Nonetheless, I do not have any information as to what detail would go into a legal agreement. As an alternative, the appellant has suggested the use of a planning condition to ensure car-free housing. I agree that a condition to ensure this could be used if the appeal were to be allowed. The condition would require the Traffic Regulation Order to be amended by removing the dwellings from the list of dwellings for which [name] can be issued.

The Council outline how a Section 184 agreement would be required to ensure the upgrading of the existing access, to include tactile paving, on [address] and the renewal of the footway along the site permitter on [address] and [site address] . There is no such agreement before me, however this does not form a refusal reason. Nonetheless, I am not satisfied that there is sufficient information before me to justify the need for such measures. There is limited information to demonstrate that the access or footway surrounding the site is inadequate. Additionally, the Council set out how the development is unlikely to pose a significant road safety risk. Therefore, based on the evidence before me, I do not consider the lack of agreement to ensure these measures to be an issue. I also do not consider a planning condition to ensure such an agreement to be necessary.

The appeal statement outlines how development should not be at the expense of designated heritage assets. The Council has however not brought my attention to any designated heritage assets that would be affected by the proposed development. Additionally, it states in its case officer report how the site is not within a conservation area and there are no statutory listed buildings on site. I see no reason to disagree with this conclusion and therefore have not considered the matter further.

The Council has suggested a number of conditions which I have considered in light of the advice in the National Planning Policy Framework and Planning Practice Guidance. Where appropriate, I have adjusted the wording of the conditions in the interests of precision and enforceability.

In addition to the standard timescale conditions for the submission of reserved matters and implementation of the planning permission, I have imposed a condition specifying the approved plans.

In the interests of the character and appearance of the area, I have attached a condition to ensure the submission of details of materials. A pre-commencement condition requiring the submission of a construction and demolition management plan is necessary to maintain highway and pedestrian safety and safeguard the living conditions of nearby residents. Due to a previous commercial/religious site being converted into residential use, a pre-commencement condition requiring assessment of the risks posed by any contamination is necessary to ensure environmental and public safety.

Given the development is proposed next to a school which has the potential to generate noise, a sound insulation condition is necessary to protect the living conditions of future occupants. I have also combined the Council’s suggested condition number 22 into this, to avoid any duplication. I am not satisfied that suggested condition 19 would be ensured through building regulations. No relevant building regulations have been brought to my attention. Additionally, Policy ECC02 of the BLP outlines how satisfactory measures to mitigate noise impacts through design, layout and insulation are required in certain situations. This condition is therefore reasonable and necessary.

As outlined previously, I have attached a condition to ensure car free housing, as suggested by the appellant. A condition requiring details of cycle parking is necessary. I have however amended the Councils suggested wording, which references a total of 64 cycle spaces, and replaced it with 19 cycle spaces, as set out in the case officer report. To ensure that refuse storage provision is adequate and accessible, a condition requiring details of refuse storage and collection is necessary prior to occupation. I have also attached conditions to ensure the submission of boundary treatments and acoustic fencing, in the interests of biodiversity and the living conditions of future occupiers.

To ensure air quality and reduce greenhouse gases, a condition requiring the submission of details of the boilers to be installed is used. Conditions are also necessary to ensure the development efficiently uses water and meets carbon emission reduction requirements.

To meet the changing needs of future occupants a pre-occupation condition requiring that the proposed dwellings are accessible and adaptable is required. A condition ensuring the units are used solely as Class C3a) dwellings is necessary to ensure that control is maintained over any potential intensification of the site, to protect the living conditions of future occupants and the amenities of the area.

A condition relating to the level of noise from Air Source Heat Pumps and ventilation/extraction plant is used, in in interests of the amenities of neighbouring occupiers. A condition restricting the construction hours is required in the interests of living conditions of neighbouring residents. Finally, a condition is used to ensure that [name] complies with specific emission standards, in the interests of air quality.

Various conditions suggested by the Council have not been included. I have not attached a suggested condition relating the submission of a before and after survey of the highway. Based on the evidence before me, I am not satisfied that the development is of such a scale whereby construction would likely affect the condition of the highway. I have also not attached the suggested condition relating to the submission of a parking management plan. The proposal would be a car free development. I have also not attached a condition relating the submission of a report that assesses the noise impacts from Air Source Heat Pumps and ventilation/extraction plant, as the noise levels of such appliances would be controlled by condition 19.

The London Safety Centre has suggested a planning condition to ensure various secure by design measures such as the use of specific doors and intruder alarms. The Council has however not mentioned such measures in its case officer report or appeal statement. There is also no substantive evidence before me to demonstrate that the scheme is in an area of high crime, or that security would be an issue. I have therefore not used such a condition.

For the reasons given above, and having regard to all other matters, I conclude that the development would comply with the development plan. The appeal is therefore allowed.

Details of the landscaping, (hereinafter referred to as "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved.

Application for approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission.

The development hereby permitted shall commence no later than two years from the date of approval of the last of the reserved matters.

Unless otherwise amended under the conditions below, the development shall be carried out in accordance with the following plans and documents: PL 100 - Proposed Site Plan PL 101 - Proposed Ground Floor Plan PL 102 - Proposed First Floor Plan PL 103 - Proposed Second Floor Plan PL 104 - Proposed Third Floor Plan PL 105 - Proposed Roof Plan PL 200 - [address] [name] 210 - [name] ( [site address] ) PL 211 - [name] and [name] 215 - [name] and [name] and [name] - Method Architects Planning Statement - Henry Planning Daylight / [name] - [name] (November 2023) [name] - [name] and Associates (November 2023) Energy and [name] - [name] and Associates (September 2023) Overheating Assessment Report - [name] and Associates (September 2023)

No development shall take place until details of the materials to be used for the extension of the building hereby approved have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the materials as approved under this condition.

No development shall take place until a Demolition and [name] and Logistics Plan has been submitted to, and approved in writing by the Local Planning Authority. The Plan shall include the following: i. details of the routing of construction vehicles to the site, hours of access, access and egress arrangements within the site and security procedures; ii. site preparation and construction stages of the development; iii. details of provisions for recycling of materials, the provision on site of a storage/delivery area for all plant, site huts, site facilities and materials; iv. details of wheel washing; v. the methods to be used and the measures to be undertaken to control the emission of dust, noise and vibration arising from demolition and construction works; vi. a suitable and efficient means of suppressing dust, including the adequate containment of stored or accumulated material so as to prevent it becoming airborne at any time and giving rise to nuisance; vii. noise mitigation measures for all plant and processors; viii. details of car parking arrangements for the duration of demolition and construction; ix. details of a community liaison contact for the duration of all works associated with the development. The approved Demolition and [name] and Logistics Plan shall be adhered to throughout the demolition and construction period for the development.

Prior to the commencement of development (other than investigative work) a desktop study (Preliminary Risk Assessment) shall be carried out which shall include the identification of previous uses, potential contaminants that might be expected, given those uses, and other relevant information. Using this information, a diagrammatical representation ([name]) for the site of all potential contaminant sources, pathways and receptors shall be produced. The desktop study (Preliminary Risk Assessment) and [name] shall be submitted to the Local Planning Authority. If the desktop study and [name] indicate no risk of harm, development shall not commence until approved in writing by the Local Planning Authority. If the desktop study and [name] indicate any risk of harm, a site investigation shall be designed for the site using information obtained from the desktop study and [name]. This shall be submitted to, and approved in writing by, the Local Planning Authority prior to that investigation being carried out on site. The investigation must be comprehensive enough to enable: - a risk assessment to be undertaken, - refinement of the [name], and - the development of a [name] detailing the remediation requirements. The risk assessment and refined [name] shall be submitted, along with the site investigation report, to the Local Planning Authority. If the risk assessment and refined [name] indicate any risk of harm, a [name] detailing the remediation requirements, using the information obtained from the site investigation, and also detailing any post remedial monitoring shall be submitted to, and approved in writing by, the Local Planning Authority prior to that remediation being carried out on site. Where remediation of contamination on the site is required completion of the remediation detailed in the method statement shall be carried out and a report that provides verification that the required works have been carried out, shall be submitted to, and approved in writing by the Local Planning Authority before the development is occupied.

No development shall take place until a noise assessment, carried out by an approved acoustic consultant which assesses the likely impacts of noise on the development and details of mitigation measures to show how the development will be constructed/adapted so as to provide sufficient air borne and structure borne sound insulation against internally/externally generated noise and vibration has been submitted to and approved in writing by the Local Planning Authority. This sound insulation shall ensure that the levels of noise generated from the existing and proposed adjacent school; as measured within habitable rooms of the development shall be no higher than 35dB(A) from 7am to 11pm and 30dB(A) in bedrooms from 11pm to 7am. The report shall include all calculations and baseline data, and be set out so that the Local Planning Authority can fully audit the report and critically analyse the content and recommendations. The mitigation measures as approved under this condition shall be implemented in their entirety prior to the commencement of the use or first occupation of the development and retained as such thereafter.

Prior to works above slab level in the development hereby permitted the local planning authority shall be informed in writing of the properties’ full postal addresses and the dwellings hereby permitted shall not be occupied until the Traffic Regulation Order has been amended by removing the dwellings from the list of dwellings for which [name] can be issued.

Prior to first occupation of the residential units hereby approved, details of cycle parking including the type of stands, gaps between stands, location and type of cycle store proposed shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, before the development hereby permitted is occupied, a minimum of 17 (long stay) and 2 (short stay) cycle parking spaces in accordance with the London Plan Cycle Parking Standards and [name] shall be provided and shall not be used for any purpose other than parking of bicycles in connection with the approved development.

Notwithstanding the details submitted with the application and otherwise hereby approved, prior to first occupation of the residential units hereby approved, details of: (i) A Refuse and [name], which includes details of the collection arrangements and whether or not refuse and recycling collections would be carried out by the Council or an alternative service provider, (ii) Details of the enclosures, screened facilities and internal areas of the proposed building to be used for the storage of recycling containers, wheeled refuse bins and any other refuse storage containers where applicable, and (iii) Plans showing satisfactory points of collection for refuse and recycling, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented and the refuse and recycling facilities provided in full accordance with the information approved under this condition before the residential units are first occupied and the development shall be managed in accordance with the information approved under this condition in perpetuity once occupation of the residential units has commenced.

Accompanying the reserved matters, details of the means of enclosure, including boundary treatments, shall be submitted to and approved in writing by the Local Planning Authority. The treatment of boundaries should be permeable to species such as hedgehogs (Erinacaeus europaeus) and common toad (Bufo bufo), with the introduction of a minimum of 1no 13 x 13cm ground level access 'hedgehog hole' between the application site and each neighbouring piece of land to enable connections and prevent the fragmentation of habitat. The development shall be implemented in accordance with the details approved as part of this condition before first occupation or the use is commenced and retained as such thereafter.

Accompanying the reserved matters, details of all acoustic walls, fencing and other acoustic barriers to be erected on the site, shall be submitted to and approved in writing by the Local Planning Authority. The details approved by this condition shall be implemented in their entirety prior to the commencement of the use or first occupation of the development and retained as such thereafter.

Prior to installation, details of the boilers shall be forwarded to the Local Planning Authority for approval. The boilers shall have dry NOx emissions not exceeding 40 mg/kWh (0%) and shall be installed in full accordance with the details approved.

Prior to the first occupation of development hereby approved, it shall be constructed incorporating carbon dioxide emission reduction measures as detailed in the submitted [name] by Focus 360 Energy which achieves an improvement of not less than 10% in carbon dioxide emissions, when compared to a building constructed to comply with the minimum [name] requirements of the 2013 Building Regulations.

Prior to the first occupation of the residential units hereby approved they shall all have been constructed to have 100% of the wholesome water supplied to them by the mains water infrastructure provided through a water meter or water meters and each new dwelling shall be constructed to include water saving and efficiency measures that comply with Regulation 36(2)(b) of [name] 2 of the Building Regulations to ensure that a maximum of 105 litres of water is consumed per person per day with a fittings based approach should be used to determine the water consumption of the proposed development. Any use of grey water and/or rain water systems needs to be separate from the potable (wholesome) water system and needs to meet the requirements and guidance set out in [name] of the Building Regulations. The development shall be maintained as such in perpetuity thereafter.

Notwithstanding the details shown in the drawings submitted and otherwise hereby approved, prior to the first occupation of the new dwellinghouses permitted under this consent they shall all have been constructed to meet and achieve all the relevant criteria of Part M4(2) of Schedule 1 to the Building Regulations 2010 (or the equivalent standard in such measure of accessibility and adaptability for house design which may replace that scheme in future). The development shall be maintained as such in perpetuity thereafter.

The residential units as shown in the hereby approved drawings shall be used as self-contained units under Class C3(a), as laid out on the approved plans, and no other purpose (including any other purpose in Class C3 or C4 of the Schedule to the Town and Country Planning ([name]) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order, with or without modification).

The level of noise emitted from the Air Source Heat Pumps and ventilation/extraction plant hereby approved shall be at least 5dB(A) below the background level, as measured from any point 1 metre outside the window of any room of a neighbouring residential property. If the noise emitted has a distinguishable, discrete continuous note (whine, hiss, screech, hum) and/or distinct impulse (bangs, clicks, clatters, thumps), then it shall be at least 10dB(A) below the background level, as measured from any point 1 metre outside the window of any room of a neighbouring residential property.

No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8.00 am, or before 8.00 am or after 6.00pm pm on other days.

[name] (NRMM) of net power of 37kW and up to and including 560kW used during the course of the demolition, site preparation and construction phases shall comply with the emission standards set out in chapter 7 of the Mayor of London’s supplementary planning guidance "Control of Dust and [name] and Demolition" dated July 2014 (SPG), or subsequent guidance. Unless it complies with the standards set out in the SPG, no NRMM shall be on site, at any time, whether in use or not, without the prior written consent of the local planning authority. The developer shall keep an up to date list of all NRMM used during the demolition, site preparation and construction phases of the development on the online register at **END OF SCHEDULE**