Brook Lodge 7A Argyle Road, LONDON, N12 7HS

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — Appeal Decision Site visit made on 23 August 2021 by T J Burnham BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 4th October 2021 Appeal Ref: APP/N5090/W/21/3269567 7A Brook Lodge, Argyle Road, North Finchley, London N12 7HS • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Flavio Arnaldi (Sterling Developments (London) Limited) against the decision of the Council of the London Borough of Barnet. • The application Ref 20/5594/FUL, dated 21 November 2020, was refused by notice dated 18 January 2021. • The development proposed is demolition of existing detached dwelling and garage block and construction of 2No. 3 bedroom detached dwelling units. Decision 1. The appeal is allowed. Planning permission is granted for demolition of existing detached dwelling and garage block and construction of 2No. 3 bedroom detached dwelling units at 7A Brook Lodge, Argyle Road, North Finchley, London N12 7HS in accordance with the terms of the application Ref 20/5594/FUL dated 21 November 2020 subject to the conditions in the attached schedule. Procedural Matters 2.

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — Appeal Decision The description of the proposal has changed from the application form to the decision notice. That on the application form adequately describes the proposal and I have therefore determined the appeal on this basis. I acknowledge that the proposal also includes a refuse and recycle store, cycle store, off street parking spaces and associated amenity space. 3. The decision notice refers to Policy 5.12 of the London Plan (2016). This has since been replaced by the London Plan (2021) and Policy SI 12 has been drawn to my attention. Application for costs 4. An application for costs was made by Mr Flavio Arnaldi (Sterling Developments (London) Limited) against the Council of the London Borough of Barnet. This application is the subject of a separate Decision. Main Issue 5. The main issue is whether the proposal should be subject to the sequential test in relation to flood risk. Reasons 6. The site sits adjacent to Dollis Brook and hosts 1no. detached dwelling which would be demolished to make way for 2no. detached dwellings. The new dwellings would https://www.gov.uk/planning-inspectorate

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — Appeal Decision Appeal Decision APP/N5090/W/21/3269567 be placed on the northern part of the site, in similar positions to where the existing dwelling and garage are located. The proposal is accompanied by a Flood Risk Assessment but not a sequential test. 7. The dwellings themselves, including their associated surfacing, driveways, refuse/recycling stores and cycle parking would be located within Flood Zone 1, which has a low probability of flooding. A very small section of the garden of what would be the westernmost dwelling (plot 2) would be located in Flood Zone 3, while a large part of the rear garden of plot 2 and a small section of the rear garden of the easternmost dwelling (plot 1) would be within Flood Zone 2, which have high and medium probability of risk from flooding respectively. 8. With the aim of steering development to areas at lowest risk from flooding, the sequential approach is required for new development at risk from flooding within local1 and national2 planning policy. On the basis of the advice within the West London Strategic Flood Risk Assessment (WLSFRA) the Council consider that the sequential approach to Flood Risk should be applied to the site as a whole, given parts of it are in Flood Zones 2 and 3. 9.

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — Appeal Decision The overall aim of the sequential test is to steer new development to areas with the lowest risk of flooding, and development should not be permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower probability of flooding. 10. The WLSFRA provides an overview of flood risk throughout the study area. One of its objectives is also to advise on how to apply the Sequential Test for windfall sites within the borough. In relation to the application of the sequential test, it advises that proposed development sites within multiple flood risk zones should be classed under the highest Flood Zone present on site. Under this guidance, the sequential test would be applied to the site. 11. However, applying such an approach to this development of such limited scale would be somewhat heavy handed due to the site-specific circumstances. Firstly, the land within Flood Zones 2 and 3 is currently residential garden and would remain as such under this proposal. The developed area of the site would remain solely within Flood Zone 1 leaving other parts of the site untouched.

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — Appeal Decision Further, plot 2 could be accessed from Argyle Road without having to enter Flood Zones 2 or 3, while the rear access door would open out into the part of the garden within Flood Zone 1. The FRA3 concludes that the overall flood risk to the proposed development is low and the proposed development is unlikely to have a significant impact on local flood risk. 12. Given the site-specific circumstances and given that the focus of development is on land within Flood Zone 1, I do not consider that it would be appropriate to apply the sequential approach to this proposal. Nothing within the evidence indicates that the scheme would result in any unacceptable flood risk to people or property or increase flood risk elsewhere. 13. In coming to this conclusion, I have afforded the advice within the WLSFRA limited weight, in light of the site-specific circumstances. I do not find conflict with local planning policy which amongst other things requires the application of the sequential approach for all new development in areas at risk of fluvial flooding nor national planning policy which similarly advocates the sequential approach in 1 Policy DM04 Barnet’s Local Plan Development Management Policies 2012.

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — Appeal Decision 2 National Planning Policy Framework 2021, ‘The Framework’. 3 Flood Risk Assessment by STM Environmental January 2020. https://www.gov.uk/planning-inspectorate 2

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — Appeal Decision 2 National Planning Policy Framework 2021, ‘The Framework’. 3 Flood Risk Assessment by STM Environmental January 2020. https://www.gov.uk/planning-inspectorate 2

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — Appeal Decision Appeal Decision APP/N5090/W/21/3269567 relation to the location of development. I have not found conflict with Policy SI 12 of the London Plan 2021. Other Matters 14. A previous appeal decision at the same site has been drawn to my attention - Ref: APP/N5090/W/20/3248916. However, the circumstances surrounding that appeal appear to differ, the evidence indicating that parts of one of the proposed dwellings would have been located in flood zone 2. I therefore afford this matter limited weight. 15. The evidence indicates that the existing property on the site does not have direct access to the mains sewer at present. However, there is nothing that suggests this matter cannot be overcome through the implementation of a suitable scheme as part of the proposals. The Council has not identified any significant adverse impacts on the living conditions of nearby occupiers and I have no reason to disagree. Neither have concerns been identified relating to highway safety and I have no reason to disagree. 16. I cannot afford significant weight to concerns over disturbance during the construction process as this is inherent as part of any construction project and is time limited only. Conditions 17.

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — Appeal Decision Conditions have been suggested by the Council and these are broadly included subject to some drafting changes and simplification. In addition to the standard three-year time limit for commencement, I have imposed a condition requiring the development to be carried out in accordance with the submitted plans and a condition requiring more details on site levels in the interests of certainty. 18. A condition requiring a construction method statement is necessary in the interests of the living conditions of nearby occupiers. A scheme for the protection of retained trees and details of materials are necessary in the interests of the character and appearance of the area. 19. The provision of off-street parking in line with the plans is necessary in the interests of highway safety. Details of boundary treatment are necessary in the interests of the living conditions of the occupiers of nearby dwellings, while a condition relating to bicycle storage is necessary to promote sustainable transport methods. A condition is necessary relating to storage and collection of refuse and recycling to ensure this matter is properly managed. Condition ten is necessary to ensure that the dwellings would be accessible to more people. 20.

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — Appeal Decision I have found further conditions necessary in relation to the provision of a scheme for the disposal of sewage (given the existing arrangement could be improved) and surface water by reason of the recommendations within the FRA. I have also found a condition necessary in relation to the provision of ecological enhancement measures in line with the requirements of paragraph 174 of the Framework. Whilst further enhancement measures are suggested within the report by Arbtech4, those in relation to bats and birds would be reasonable and achievable at this site and fulfil ecological improvement at the site. 21. I have not found a condition relating to specific acoustic glazing necessary given the context and location of the site. The development is only modest and external areas would mainly comprise private garden therefore a condition requiring a 4 Arbtech Preliminary Ecological Appraisal and Preliminary Roost Assessment Survey November 2020. https://www.gov.uk/planning-inspectorate 3

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — Appeal Decision Appeal Decision APP/N5090/W/21/3269567 landscaping scheme is not necessary. I have not added conditions relating to water usage and carbon savings as I have not been provided with the detailed justification for their inclusion. Conclusion 22. I have identified no conflict with the development plan and there are no material considerations to indicate that the appeal should be determined otherwise than in accordance with it. I therefore conclude that the appeal should be allowed.

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — T J Burnham INSPECTOR Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan, 4881719/01 Rev D, 4881719/05 Rev A & 4881719/06 Rev B. 3) No development, site clearance or preparatory work shall take place until a scheme for the protection of the retained trees (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with paragraphs 5.5 and 6.1 of British Standard BS 5837: Trees in relation to design, demolition and construction - Recommendations (or in an equivalent British Standard if replaced) shall have been submitted to and approved in writing by the local planning authority. The scheme for the protection of the retained trees shall be carried out as approved. In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars. 4) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority.

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — T J Burnham The Statement shall provide for: 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 of mud and dirt onto the adjoining highway; https://www.gov.uk/planning-inspectorate 4

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — T J Burnham The Statement shall provide for: 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 of mud and dirt onto the adjoining highway; https://www.gov.uk/planning-inspectorate 4

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — T J Burnham Appeal Decision APP/N5090/W/21/3269567 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 duration of all works associated with the development. The approved Construction Method Statement shall be adhered to throughout the construction period for the development. 5) No development above ground works (slab level) shall commence until details / samples of the materials to be used in the construction of the external surfaces of the dwellings and surfacing within the plots have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details / samples.

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — T J Burnham 6) No development other than demolition shall take place until the following information shall have been submitted to and approved in writing by the local planning authority: a full site survey showing: the datum used to calibrate the site levels; levels along all site boundaries; levels across the site at regular intervals and floor levels of adjoining buildings; full details of the proposed finished floor levels of all buildings and hard landscaped surfaces. The development shall be carried out in accordance with the approved details. 7) Details of the arrangements for the storage of refuse and recyclable materials and its collection shall be submitted to and approved in writing by the local planning authority prior to the first occupation of the dwelling to which they relate. The storage areas shall be provided on site prior to the first occupation of the dwelling to which they relate and shall be retained for the lifetime of the development. 8) Details of bicycle storage shall be submitted to and approved in writing by the local planning authority prior to the first occupation of the dwelling to which they relate .

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — T J Burnham They shall be provided on site prior to the first occupation of the dwelling to which they relate and shall be retained for the lifetime of the development. 9) Prior to occupation of the dwelling to which they relate, the off-street parking spaces shall have been completed and available for use. They shall thereafter be retained for the parking of vehicles for the lifetime of the development. 10) The dwellings shall not be occupied until the Building Regulations Optional requirement M4 (2) 'accessible and adaptable dwellings' has been complied with. https://www.gov.uk/planning-inspectorate 5

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — T J Burnham They shall be provided on site prior to the first occupation of the dwelling to which they relate and shall be retained for the lifetime of the development. 9) Prior to occupation of the dwelling to which they relate, the off-street parking spaces shall have been completed and available for use. They shall thereafter be retained for the parking of vehicles for the lifetime of the development. 10) The dwellings shall not be occupied until the Building Regulations Optional requirement M4 (2) 'accessible and adaptable dwellings' has been complied with. https://www.gov.uk/planning-inspectorate 5

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — T J Burnham Appeal Decision APP/N5090/W/21/3269567 11) Prior to the first occupation of the site, a scheme which fully details the proposed boundary treatments at the site shall be submitted to and approved in writing by the local planning authority. The boundary treatment shall thereafter be installed at the site prior to the first occupation of the dwelling to which it relates and shall thereafter be retained for the lifetime of the development. 12) Prior to the first occupation of the site the ecological enhancements relating to Bats and Birds detailed within section 4.0 of the preliminary ecological appraisal by Arbtech shall be installed and available for use. 13) Neither dwelling hereby permitted shall be occupied until works for the disposal of sewage shall have been provided on the site to serve the development hereby permitted, in accordance with details that will have first been submitted to and approved in writing by the local planning authority. 14) Neither dwelling hereby permitted shall be occupied until a scheme of surface water drainage works shall have been implemented in accordance with details that shall first have been submitted to and approved in writing by the local planning authority.

Brook Lodge 7A Argyle Road, LONDON, N12 7HS — London Borough of Barnet — T J Burnham Before any details are submitted to the local planning authority an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system, having regard to Defra's non-statutory technical standards for sustainable drainage systems (or any subsequent version), and the results of the assessment shall have been provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; include a timetable for its implementation; and provide a management and maintenance plan for the lifetime of the development and any other arrangements to secure the operation of the scheme throughout its lifetime. https://www.gov.uk/planning-inspectorate 6