Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX
London Borough of Barnet — appeal allowed
- Outcome
- Allowed
- Decision date
- 18 October 2021
- Authority
- London Borough of Barnet
- Inspector
- Cooper W
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Major offices/R&D/light industry
- Appellant
- Finchley Gate Properties Ltd
- Agent
- henry planning limited
- LPA reference
- 19/1901/FUL
- ONS LPA code
- E09000003
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 3 March 2021
Summary AI
The appeal for the proposed development at Cooper House, 316 Regents Park Road, Finchley London N3 2JX has been allowed. The Inspector considered the effect of the proposed development on the living conditions of neighbouring residents and the setting of the Grade II listed building King Edward Hall. The development would not harm the living conditions of neighbouring residents and would preserve the setting of the listed building. The proposal would provide a smoother stepped transition between the building mass of Gateway House and the listed building.
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Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision Site visit made on 10 August 2021 by William Cooper BA (Hons) MA CMLI an Inspector appointed by the Secretary of State Decision date:18/10/2021 Appeal Ref: APP/N5090/W/21/3268199 Cooper House, 316 Regents Park Road, Finchley London N3 2JX The appeal is made under section 78 of the Town and Country Planning Act 1990 as amended against a refusal to grant planning permission. The appeal is made by Mr E Agmon, Finchley Gate Properties Ltd against the decision of the Council of the London Borough of Barnet. The application Ref: 19/1901/FUL, dated 22 March 2019, was refused by notice dated 19 August 2020. The development proposed is demolition of existing buildings and the erection of a part two, part five and part six-storey building with lower ground floor and 2 basement levels to provide 9,029sqm of office floor space, 158sqm of a flexible Class A1/A3 floorspace, 103sqm of shared office and Class A1/A3 floorspace and 4,318sqm of car park space to provide parking for a total of 65 cars. Provision of a terrace at second floor level, associated cycle and refuse storage, substation at lower ground level and plant enclosure on roof. Amendments to access on Arcadia Avenue. Decision 1.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision The appeal is allowed and planning permission is granted for demolition of existing buildings and the erection of a part two, part five and part six-storey building with lower ground floor and 2 basement levels to provide 9,029sqm of office floor space, 158sqm of a flexible Class A1/A3 floorspace, 103sqm of shared office and Class A1/A3 floorspace and 4,318sqm of car park space to provide parking for a total of 65 cars. Provision of a terrace at second floor level, associated cycle and refuse storage, substation at lower ground level and plant enclosure on roof. Amendments to access on Arcadia Avenueat Cooper House, 316 Regents Park Road, Finchley London N3 2JX in accordance with the terms of the application, Ref: 19/1901/FUL, dated 22 March 2019, and the plans submitted with it, subject to the conditions set out in the attached Schedule A. Preliminary Matters 2. The description in the banner heading aboveand decision is taken from the appeal form and decision notice, in the interests of precision. 3. A new version of the London Plan (LP) was published in March 2021 and a new version of the National Planning Policy Framework (the Framework) was published in July 2021.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision The parties have had opportunity to comment on the engagement of these new policy documents in relation to the appeal, and so will not be disadvantaged by my consideration of these documents. 4. Since the Council’s decision, an agreement made under Section 106 of the Town and Country Planning Act 1990, agreed by the parties, has been https://www.gov.uk/planning-inspectorate
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision The parties have had opportunity to comment on the engagement of these new policy documents in relation to the appeal, and so will not be disadvantaged by my consideration of these documents. 4. Since the Council’s decision, an agreement made under Section 106 of the Town and Country Planning Act 1990, agreed by the parties, has been https://www.gov.uk/planning-inspectorate
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision Appeal Ref: APP/N5090/W/21/3268199 submitted. This includes provision for street tree planting, highway works, carbon off-setting, employment and training. In the light of this agreement, the Council indicates that these matters, which were the basis of the second, third, fourth and fifth reasons for refusal (RFRs) have been acceptably addressed, so that these RFRs are overcome, which I accept. 5. While not cited in the reasons for refusal, the proposal’s effect on the setting of a listed building is raised in the Planning Officer’s Report. In the light of this, the matter is included as a main issue. Main Issues 6. The main issues in this case are: The effect of the proposed development on the living conditions of neighbouring residents at Gateway House, with particular regard to light levels, outlook, and noise and air quality in relation to plant and traffic; and Whether the proposal would preserve the setting of the Grade II listed building ‘King Edward Hall’. Reasons Living conditions of neighbouring residents 7. Gateway House is located on the other side of Arcadia Avenue from the appeal site. This eight-storey mixed-use building has a library on the ground floor, and apartments above.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision This building is characterised by, among other things, oversailing balconies separated by partitions which provide amenity space on various floors. 8. The proposal would increase the building mass and maximum height on the appeal site, compared to the existing three buildings. Judging by the Daylight and Sunlight Report (DSR) prepared by the appellant’s light surveyors, this would result in around 30 rooms in the lower half of Gateway House’s south- western elevation experiencing a reduction in daylight of between around 20% and 30%. These reductions would modestly exceed BRE guidelines1. 9. That said, the BRE guidelines2 and the Mayor of London's Housing Supplementary Planning Guidance3 allow for the possibility of appropriate flexibility when using BRE guidelines to assess daylight and sunlight impacts on surrounding properties. In this case, the influence of neighbouring properties’ balconies on sky visibility, and the town centre context make a degree of flexibility appropriate. 10.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision Furthermore, the DSR also indicates that at Gateway House there is likely to be little noticeable change to daylight levels in approximately two thirds of the relevant rooms assessed, and to sunlight levels for almost all the rooms assessed. 1As set out in the Building Research Establishment Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice(the BRE guidelines). 2Paragraph 1.6. 3Paragraph 1.3.45. https://www.gov.uk/planning-inspectorate 2
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision Furthermore, the DSR also indicates that at Gateway House there is likely to be little noticeable change to daylight levels in approximately two thirds of the relevant rooms assessed, and to sunlight levels for almost all the rooms assessed. 1As set out in the Building Research Establishment Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice(the BRE guidelines). 2Paragraph 1.6. 3Paragraph 1.3.45. https://www.gov.uk/planning-inspectorate 2
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision Appeal Ref: APP/N5090/W/21/3268199 11. Gateway House is approximately elliptical in form, and has a substantial eight storey facade. Its apex is located forward of the proposed appeal building, at a relatively spacious junction of Regents Park Road and Arcadia Avenue. The proposed building would have a stepped profile and include a lower two-storey element south-west of Gateway House. The above factors together would help moderate the proposal’s impact on natural light levels at Gateway House. 12. Also, the relatively accessible nature of the urban location, with convenient access to a range of shops, facilities and services including on foot and by public transport, is likely to endure. This is likely to help neighbouring residents to get out and about and further enjoy access to daylight and sunlight, in combination with light received at their properties, with associated health benefits. 13. Compared to the existing buildings on the appeal site, the proposed enlarged building height and mass would interrupt some middle and longer distance views from residential upper floors of Gateway House.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision That said, the approximately 17m minimum separation gap between the buildings, combined with Gateway House’s substantial expanse, gently curving facades and prominent location would contribute to a relatively stimulating future outlook from Gateway House, within its dynamic town centre context. 14. Given the appeal site’s apparently busy urban context and convenient access to bus and rail services, and locally located facilities I do not anticipate that the proposed offices would significantly impact on traffic conditions on the surrounding local highway network. This finding is echoed by the view of the Council’s Highways Officer. 15. Furthermore, planning conditions are attached to address various design details including parking layout, and the Section 106 agreement includes Travel Plan monitoring. Planning conditions are also attached to ensure that the proposed building plant would operate meet appropriate noise and air quality standards. Subject to the above, the Council’s Environmental Health Officer considers the proposal to be acceptable, and I agree on this point. 16. I do not underestimate the concerns of residents of Gateway House about the proposal’s potential impacts on their living conditions.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision Also, I appreciate that the Council’s decision differed from the Planning Officer’s Report regarding impact on light levels at Gateway House. Nevertheless, for the reasons set out above, I find that the proposal would not harm the living conditions of neighbouring residents at Gateway House, with particular regard to light levels, outlook, and noise and air quality in relation to plant and traffic. 17. In conclusion, the proposal would not harm the living conditions of neighbouring residents. As such, it would not conflict with Policy DM01 of the London Borough of Barnet’s Development Management Policies (DMP) and the Barnet Residential Design Guidance Supplementary Planning Document (SPD). Together the policy and guidance seek to ensure, among other things, that development safeguards residents’ living conditions. Setting of the listed building 18. The appeal site is part of a cluster of twentieth century office buildings, located in the town centre on a corner of Regents Park Road and Arcadia Avenue, across the road from the listed building. https://www.gov.uk/planning-inspectorate 3
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision Appeal Ref: APP/N5090/W/21/3268199 19. I consider that the special interest of the Grade II listed building King Edward Hall, insofar as it relates to this appeal, is primarily associated with its identity as a ‘landmark’ Edwardian building, including the historic legibility of its ornate three storey core and four storey circular tower with clock face and copper dome, at a prominent town centre location at the junction of Hendon Lane and Regents Park Road. 20. The appeal site is part of a busy town centre foreground to the listed building. This foreground has an evolved character with a mix of nineteenth, twentieth and some twenty first century architecture. 21. The appeal proposal would entail an increase in modern building mass in the vicinity of the listed building. That said, the proposed building would have a relatively unfussy form and palette of external materials which would help avoid visual competition with the somewhat ostentatious listed building. Also, from various viewpoints within the evolved townscape context, the proposal would provide a smoother stepped transition, and less pronounced contrast between the building mass of Gateway House and the listed building.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision From some other viewpoints in the locality the proposal would not be noticeable beyond the listed building. 22. Consequently, the proposed building would ‘hold its own’ architecturally, while the listed building’s identity as a charismatic landmark Edwardian building would endure within the townscape. These factors together would result in the proposal having a neutral effect on the setting of the listed building. 23. I therefore conclude that the proposal would preserve the setting of the Grade II listed building, causing no harm to the significance of heritage assets. As such, the proposal would accord with Policy DM06 of the DMP and Policy HC14 of the LP, which together seek to conserve the significance of heritage assets. This would satisfy the requirements of the Framework and the Planning (Listed Buildings and Conservation Areas) Act 1990. Other Matters 24. The proposed development would entail an increase in building mass on Regents Park Avenue and Arcadia Avenue. That said, as part of a cluster of offices and mixed use development in this relatively dynamic town centre location, the character of the proposal would fit in acceptably with the varied mix of architecture and building uses in the locality.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision Conditions 25. The conditions suggested by the Council have been considered against the tests of the Framework and advice provided by Planning Practice Guidance. I have found them to be broadly reasonable and necessary in the circumstances of this case. I have made some minor drafting changes to suggested conditions in the interests of precision. 26. Conditions relating to duration of permission and approved plans are necessary to provide certainty. I attach conditions relating to ground levels, road safety and ramp design in the interests of safety. Conditions regarding highway works, vehicle and cycle parking, servicing and delivery are necessary in the interests of safe and effective operation of the highway network. Conditions 4Which echoes previous LP version Heritage Policy 7.8. https://www.gov.uk/planning-inspectorate 4
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — Appeal Decision Appeal Ref: APP/N5090/W/21/3268199 regarding construction management and hours, boiler and plant noise and air quality performance, air quality mitigation, ground floor retail use, retail and office hours and lighting are attached to safeguard residents’ living conditions. Conditions relating to materials, landscaping, photovoltaic panels, refuse and recycling, and telecommunications apparatus are required to safeguard the character and appearance of the area. Conditions regarding a travel plan, electric vehicle charging, energy efficiency, and carbon dioxide emission reduction are necessary in the interests of environmental sustainability. A condition is attached in the interests of effective drainage. A secured by design condition is attached in the interests of crime prevention. Conclusion 27. The proposed development would adhere to the development plan and there are no other considerations which outweigh this finding. Accordingly, for the reasons given, the appeal succeeds.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper INSPECTOR Schedule A) Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper INSPECTOR Schedule A) Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper 2) The development hereby permitted shall be carried out in strict accordance with the following approved drawings: 1005 D0098 proposed lower car park demolition plan; 1005 D0099 proposed upper car park demolition plan; 1005 D0100 proposed ground floor demolition plan; 1005 D0101 proposed first floor demolition plan; 1005 D0102 proposed second floor demolition plan; 1005 D0103 proposed third floor demolition plan; 1005 D0104 proposed roof demolition plan; 1005 P0001 Rev A Proposed Site Location Plan; 1005 P0097 Rev C proposed basement level - 2; 1005 P0098 Rev C proposed basement level - 1; 1005 P0099 Rev F proposed lower ground plan; 1005 P0100 Rev B proposed ground floor plan; 1005 P0101 Rev B proposed first floor plan; 1005 P0102 Rev B proposed second floor plan; 1005 P0103 Rev B proposed third floor plan; 1005 P0104 Rev B proposed fourth floor plan; 1005 P0105 Rev B proposed fifth floor plan; 1005 P0106 Rev A proposed roof plan; 1005 P0151 Rev C proposed section a-a; 1005 P0152 Rev B proposed section b-b; 1005 P0153 Rev C proposed section c-c; 1005 P0154 Rev C proposed section d-d; 1005 P0161 Rev A proposed north east elevation; 1005 P0162 Rev A proposed north west elevation; 1005 P0163 Rev A proposed south east
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper elevation; 1005 P0164 Rev A proposed south west elevation; 1005 X0098 Rev A existing lower car park plan; 1005 X0099 Rev A existing upper car park plan; 1005 X0100 Rev A existing ground floor plan; 1005 X0101 Rev A existing first floor plan; 1005 X0102 Rev A existing second floor plan; 1005 X0103 Rev A existing third floor plan; 1005 X0104 Rev A existing roof plan; 381005 X0151 Rev A existing section a-a; 1005 X0161 Rev A existing https://www.gov.uk/planning-inspectorate 5
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper elevation; 1005 P0164 Rev A proposed south west elevation; 1005 X0098 Rev A existing lower car park plan; 1005 X0099 Rev A existing upper car park plan; 1005 X0100 Rev A existing ground floor plan; 1005 X0101 Rev A existing first floor plan; 1005 X0102 Rev A existing second floor plan; 1005 X0103 Rev A existing third floor plan; 1005 X0104 Rev A existing roof plan; 381005 X0151 Rev A existing section a-a; 1005 X0161 Rev A existing https://www.gov.uk/planning-inspectorate 5
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper Appeal Ref: APP/N5090/W/21/3268199 north east elevation; 1005 X0162 Rev A existing north west elevation; 1005 X0163 Rev A existing south east elevation; 1005 X0164 Rev A existing south west elevation; 3824/M/SKO Rev P1 lower ground floor proposed mechanical services layout. 3) No development shall commence until there shall have been submitted to and approved in writing by the local planning authority details of the levels of the building, roads and footpaths in relation to the adjoining land and highways, and any other changes proposed in the levels of the site. The scheme shall be implemented as approved and retained thereafter. 4) No development other than demolition works shall commence until there shall have been submitted to and approved in writing by the local planning authority details of the materials to be used for the external surfaces of the buildings and hard surfaced areas. The scheme shall be implemented as approved and retained thereafter. 5) a) No development or site works shall commence until there shall have been submitted to and approved in writing by the local planning authority a 'Demolition and Construction Management and Logistics Plan' (DCMLP).
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper The DCMLP shall include, but not be limited to, 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 showing how all vehicles associated with the construction works are properly washed and cleaned to prevent the passage to mud and dirt onto the adjoining highway; v) the methods to be used and the measures to be undertaken to control the emission of dust, noise and vibration arising from 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 contractors compound and car parking arrangements; ix) details of interim car parking management arrangements for the duration of construction; x) details of a community liaison contact for the
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper duration of all works associated with the development.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper duration of all works associated with the development. xi) provision of a competent banksman. The DCMLP shall be informed by the findings of assessment of the air quality impacts of the construction and demolition phases of the development. b) The development shall be implemented in accordance with the DCMLP as approved. 6) No development or site works shall commence until there shall have been submitted to and approved in writing by the local planning authority a Stage 1 and Stage 2 Road Safety Audit (RSA) in relation to the proposed car park and vehicular access on Arcadia Avenue. Approved works identified in the RSA shall be fully implemented prior to the first occupation of any part of the development. https://www.gov.uk/planning-inspectorate 6
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper xi) provision of a competent banksman. The DCMLP shall be informed by the findings of assessment of the air quality impacts of the construction and demolition phases of the development. b) The development shall be implemented in accordance with the DCMLP as approved. 6) No development or site works shall commence until there shall have been submitted to and approved in writing by the local planning authority a Stage 1 and Stage 2 Road Safety Audit (RSA) in relation to the proposed car park and vehicular access on Arcadia Avenue. Approved works identified in the RSA shall be fully implemented prior to the first occupation of any part of the development. https://www.gov.uk/planning-inspectorate 6
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper Appeal Ref: APP/N5090/W/21/3268199 7) The development shall not be occupied until the existing vehicular access on Arcadia Avenue has been closed and the highway reinstated to footway, and a new access has been constructed in accordance with the plans submitted to and approved by the local planning authority. Any existing redundant crossovers are to be reinstated to footway level including any other agreed highway works in the vicinity of the site in accordance with the plans/details approved by the Highway Authority. The cost of the works and any associated traffic order and designs fees shall be fully borne by the applicant. The applicant will be required to enter into a S.278 agreement with the Council for these works. 8) The building shall not be occupied until 65 parking spaces including 8 disabled bays have been laid out and implemented within the site in accordance with the approved plans. The approved parking spaces shall not be used for any purpose other than the parking of vehicles in connection with the approved development.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper 9) Prior to the first occupation or commencement of the use of the development, there shall have been submitted to and approved in writing by the local planning authority details of, and a maintenance agreement for the operation of, the traffic light system for the ramped access and the remotely operated electronic gates. The scheme shall be implemented as approved and retained thereafter. 10) Prior to the first occupation or commencement of the use of the development, there shall have been submitted to and approved in writing by the local planning authority details of cycle parking including the type of stands, gaps between stands, location and type of cycle store proposed. The scheme shall be implemented as approved and retained thereafter. 11) Prior to the first occupation or commencement of the use of the development hereby permitted, there shall have been submitted to and approved in writing by the local planning authority a full Delivery and Servicing Plan and Parking Management Plan (DSP & PMP). The development shall be operated in accordance with the DSP & PMP as approved.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper 12) A minimum of three calendar months prior to the first occupation or commencement of the use of the development, there shall have been submitted to and approved in writing by the local planning authority a full Work Place Travel Plan (WPTP) that meets the criteria of the current Transport for London Travel Plan guidance, currently 'Travel Planning for new development in London incorporating deliveries and servicing' and Itrace or TRICS compliant surveys. The WPTP shall set out the transport policy to incorporate measures to reduce trips by the private car, especially single occupancy and single passenger journeys, and encourage non car modes such as walking, cycling and public transport and to reduce, consolidate or eliminate delivery trips. The WPTP should include the appointment of a Travel Plan Champion, SMART targets and a clear action plan for implementing the measures. The WPTP should be reviewed, updated and resubmitted in writing for approval in years 1, 3 and 5 in accordance with the targets set out in the Plan. Monitoring of the travel plan is to be funded by the applicant in accordance with the Barnet's Travel Plan https://www.gov.uk/planning-inspectorate 7
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper Appeal Ref: APP/N5090/W/21/3268199 Supplementary Planning Document. 13) a) Prior to the first occupation or commencement of the use of the development hereby permitted, there shall have been submitted to and approved in writing by the local planning authority full details of an Electric Vehicle Charging Scheme (EVCS), detailing facilities to be installed in the development. These details shall include provision for not less than 20% of the proposed parking spaces to be provided with active Electric Vehicle Charging facilities, and a further additional 10% of the proposed car parking spaces to be provided with passive Electric Vehicle Charging facilities. b) THE facilities in the EVCS shall be implemented as approved prior to the first occupation of the development and maintained thereafter. 14) Notwithstanding the vehicular access ramp details submitted with the planning application, the gradient of the proposed ramp access to the underground parking area should not exceed 1:10 and the ramp shall be constructed in accordance with the guidelines in Institute of Structural Engineers Design recommendations for multi-storey and underground car parks.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper 15) a) No development shall commence until there shall have been submitted to and approved in writing by the local planning authority an air quality assessment report, written in accordance with the relevant current guidance, for the biomass boiler/CHP Plant. Emissions for CHP and/or biomass boilers shall not exceed the standards listed in Appendix 7 of the London Plan's Sustainable Design and Construction Supplementary Panning Guidance (2014). The report shall have regard to the most recent air quality predictions and monitoring results from the Authority's Review and Assessment process, the London Air Quality Network and London Atmospheric Emissions Inventory. It 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. b) A scheme for air pollution mitigation measures based on the findings of the report shall be submitted to and approved by the local planning authority prior to development. Details of the plant and evidence to demonstrate compliance with the GLA's emissions standards will be required.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper c) The approved mitigation scheme shall be implemented in its entirety in accordance with details approved under this condition before any of the development is first occupied and retained as such thereafter. 16) a) Before the installation of any kitchen extraction units related to the ground floor use hereby permitted, there shall have been submitted to and approved in writing by the local planning authority a detailed assessment for the kitchen extraction unit, which assesses the likely impacts of odour and smoke on the neighbouring properties, carried out by an approved consultant. This fully detailed assessment shall indicate the measures to be used to control and minimise odour and smoke to address its findings, and should include some or all of the following: grease filters, carbon filters, odour neutralization and electrostatic precipitators (ESP). The equipment https://www.gov.uk/planning-inspectorate 8
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper Appeal Ref: APP/N5090/W/21/3268199 shall be installed using anti-vibration mounts. The assessment shall include a scale diagram of the scheme. b) The development shall be implemented in accordance with details approved under this condition before first occupation or the use of the ground floor unit is commenced and retained as such thereafter. 17) The level of noise emitted from the plants 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. 18) The recommendations set out in Section 3.5 of the Air Quality Assessment (January 2019) shall be implemented during the demolition and construction phase of the development hereby approved.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper 19) Before any of the development is first occupied or the use commences, the mitigation measures set out in Section 3.7 of the Air Quality Assessment (January 2019) shall be implemented in their entirety and retained as such thereafter. 20) Prior to installation, details of the boilers shall be submitted to and approved in writing by the local planning authority. The boilers shall have dry NOx emissions not exceeding 40mg/kWh (0%). 21) All Non-Road Mobile Machinery (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 GLA's Supplementary Planning Guidance "Control of Dust and Emissions During Construction 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.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper 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 https://nrmm.london/ 22) Development shall not begin until there shall have been submitted to and approved in writing by the local planning authority a detailed surface water drainage scheme for the site. The scheme shall be implemented as approved before development is completed. The surface water drainage scheme shall be constructed and maintained in accordance with the DRAINAGE_STRATEGY_REPORT-4398429 and associated calculation (as submitted July 2019) and shall also include: appropriate design rainfall i.e. the latest Flood Estimation Handbook (FEH, 2013); SUDS Development Management & Construction Phasing Plan; SUDS detailed design drawings. 23) a) Prior to the occupation of the development, there shall have been submitted to and approved in writing by the local planning authority a https://www.gov.uk/planning-inspectorate 9
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper Appeal Ref: APP/N5090/W/21/3268199 scheme of hard and soft landscaping. This shall include details of size, species, planting heights, densities and positions of any soft landscaping (including that on the roof terrace), and any existing trees to be retained. b) All work comprised in the approved scheme of landscaping shall be carried out before the end of the first planting and seeding season following occupation of any part of the buildings or completion of the development, whichever is sooner, or commencement of the use. c) Any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of the completion of development shall be replaced with trees or shrubs of appropriate size and species in the next planting season. 24) Prior to the erection and installation of photovoltaic panels, there shall have been submitted to and approved in writing by the local planning authority details of the size, design and siting of all photovoltaic panels to be installed as part of the development.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper Calculations demonstrating the additional carbon emission reductions that would be achieved through the provision of additional panels shall also be submitted. The scheme shall be implemented as approved and retained thereafter. 25) Prior to the first occupation or commencement of the B1a use hereby permitted, the ground floor A1/A3 unit shall be fitted out in accordance with a scheme to be submitted to and approved in writing by the local planning authority. 26) a) The development shall meet the BREEAM 'Very Good' rating/level. b) Before the development is first occupied there shall have been submitted to and approved in writing by the local planning authority certification of the selected generic environmental standard. 27) Prior to the first occupation of the development it shall be constructed incorporating carbon dioxide emission reduction measures which achieve an improvement of not less than 35% in carbon dioxide emissions when compared to a building constructed to comply with the minimum Target Emission Rate requirements of the 2010 Building Regulations (as amended). The development shall be maintained as such thereafter.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper 28) Prior to the first occupation or use of the development hereby permitted, there shall have been submitted to and approved in writing by the local planning authority a scheme detailing how the development would adhere to the principles of Secure by Design. The scheme shall be implemented as approved and retained thereafter. 29) The development hereby permitted, except for the ground floor retail unit, shall not be used for any other purposes apart from those falling within Class B1a (Office) as set out in the Town and Country Planning (Use Classes) Order 1987 (as amended), and any proposed change to that use shall only be with the express prior consent of the local planning authority. https://www.gov.uk/planning-inspectorate 10
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper 28) Prior to the first occupation or use of the development hereby permitted, there shall have been submitted to and approved in writing by the local planning authority a scheme detailing how the development would adhere to the principles of Secure by Design. The scheme shall be implemented as approved and retained thereafter. 29) The development hereby permitted, except for the ground floor retail unit, shall not be used for any other purposes apart from those falling within Class B1a (Office) as set out in the Town and Country Planning (Use Classes) Order 1987 (as amended), and any proposed change to that use shall only be with the express prior consent of the local planning authority. https://www.gov.uk/planning-inspectorate 10
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper Appeal Ref: APP/N5090/W/21/3268199 30) The ground floor premises hereby permitted (annotated as 'Retail unit' on drawing No. P0100 B) shall be used as either a Shop (Class A1) or Food and Drink (Class A3) and for no other purpose (including any other purpose in Part A of the Schedule to the Town and Country Planning (Use Classes) Order, 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. 31) Prior to the first occupation of the ground floor A1/A3 use hereby permitted, there shall have been submitted to and approved in writing by the local planning authority hours of use. The hours of use shall be implemented as approved. 32) Prior to the first occupation of the B1a (Office) use hereby permitted, hours of use shall be submitted to and agreed in writing by the local planning authority. The hours of use shall be implemented as approved. 33) 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 after 1.00 pm on Saturdays, or before 8.00 am or after 6.00pm pm on other days.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper 34) Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 as amended, no installation of any structures or apparatus for purposes relating to telecommunications shall be installed on any part the roof of the building hereby approved, including any structures or development otherwise permitted under Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 or any equivalent Order revoking and re-enacting that Order.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper 34) Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 as amended, no installation of any structures or apparatus for purposes relating to telecommunications shall be installed on any part the roof of the building hereby approved, including any structures or development otherwise permitted under Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 or any equivalent Order revoking and re-enacting that Order.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper 35) a) Notwithstanding the details submitted with the application and otherwise hereby permitted, no development other than demolition works shall take place until there shall have been submitted to and approved in writing by the local planning authority details of: i) a Refuse and Recycling Collection Strategy, 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. b) The development’s refuse and recycling facilities shall be implemented as approved under this condition before the development is first occupied, and maintained thereafter, once occupation of the site has commenced. 36) The development hereby approved shall implement motion-sensor (internal) lighting which will operate outside of the hours of use and this shall remain in perpetuity for the lifetime of the development.
Cooper House, 316 Regents Park Road, Finchley, London, N3 2JX — London Borough of Barnet — William Cooper https://www.gov.uk/planning-inspectorate 11
Main issues and findings
Living conditions For appellant ¶7
The Inspector considered that the proposed development would increase the building mass and maximum height on the appeal site, but that this would result in around 30 rooms in the lower half of Gateway House's south-western elevation experiencing a reduction in daylight of between around 20% and 30%. However, the Inspector considered that the influence of neighbouring properties' balconies on sky visibility, and the town centre context made a degree of flexibility appropriate.
Living conditions For appellant ¶14
The Inspector considered that the relatively accessible nature of the urban location, with convenient access to a range of shops, facilities and services, would help neighbouring residents to get out and about and further enjoy access to daylight and sunlight, with associated health benefits.
Living conditions For appellant ¶15
The Inspector considered that the proposed offices would not significantly impact on traffic conditions on the surrounding local highway network, and that planning conditions would be attached to address various design details, including parking layout, and the Section 106 agreement includes Travel Plan monitoring.
Living conditions For appellant ¶16
The Inspector concluded that the proposal would not harm the living conditions of neighbouring residents at Gateway House, with particular regard to light levels, outlook, and noise and air quality in relation to plant and traffic.
Heritage impact For appellant ¶19
The Inspector considered that the special interest of the Grade II listed building King Edward Hall, insofar as it relates to this appeal, is primarily associated with its identity as a 'landmark' Edwardian building, including the historic legibility of its ornate three storey core and four storey circular tower with clock face and copper dome, at a prominent town centre location.
Heritage impact For appellant ¶21
The Inspector considered that the proposed building would have a relatively unfussy form and palette of external materials which would help avoid visual competition with the listed building, and that from various viewpoints within the evolved townscape context, the proposal would provide a smoother stepped transition, and less pronounced contrast between the building mass of Gateway House and the listed building.
Heritage impact For appellant ¶23
The Inspector concluded that the proposal would preserve the setting of the Grade II listed building, causing no harm to the significance of heritage assets.
Policies relied on
| Reference | Weight |
|---|---|
| Policy DM01 of the London Borough of Barnet’s Development Management Policies (DMP) and the Barnet Residential Design Gu |
Determinative |
| Policy DM06 of the DMP and Policy HC14 of the LP |
Determinative |
| the Framework and the Planning (Listed Buildings and Conservation Areas) Act 1990 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 11 pages, issued by the Planning Inspectorate on 18 October 2021 under the Open Government Licence.