Case 3275573

1 Prince Regent Road, Hounslow, TW3 1NE

London Borough of Hounslow — appeal allowed

Outcome
Allowed
Decision date
9 February 2022
Authority
London Borough of Hounslow
Inspector
Thandi B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Reserved Matters
Development type
Minor Dwellings
Appellant
CMP London Ltd
Agent
SALORIA ARCHITECTS
LPA reference
00896/B/P1(6a)
ONS LPA code
E09000018
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 November 2021

Summary AI

The appeal relates to the refusal of the Council to approve the details required by condition 6(a) of a planning permission. The proposed development would achieve an on-site reduction of 35% as required by Policy SI 2 and exceed carbon reduction targets set out in the Building Regulations. The inspector finds that the proposal would accord with local and national requirements for carbon reduction and energy efficiency.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 by Bhupinder Thandi BA (Hons) MA MRTPI

1 Prince Regent Road, Hounslow, TW3 1NE — London Borough of Hounslow — by Bhupinder Thandi BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 09 February 2022

Page 1 · Chunk 1 1 Prince Regent Road, Hounslow TW3 1NE

1 Prince Regent Road, Hounslow, TW3 1NE — London Borough of Hounslow — 1 Prince Regent Road, Hounslow TW3 1NE • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a grant subject to conditions of consent, agreement or approval to details required by a condition of a planning permission. • The appeal is made by Mr Charanjeev Gill of CMP London Ltd against the decision of the London Borough of Hounslow. • The application Ref 00896/B/P1(6a), dated 16 December 2020, sought approval of details pursuant to conditions No 6(a) of a planning permission Ref 00896/B/P1 granted on 22 February 2019. • The development proposed is erection of a six storey building comprising nine flats (two one-bedroom, four two-bedroom & three three-bedroom) and associated car parking, cycle parking and refuse storage. • The condition in dispute is No 6(a) which states that: Prior to any above grade works, an Energy Strategy shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall demonstrate how the proposed development would achieve the necessary Carbon emission reductions as set out in London Plan Policy 5.2. Development shall be carried out in accordance with the approved details.

Page 1 · Chunk 2 1 Prince Regent Road, Hounslow TW3 1NE

1 Prince Regent Road, Hounslow, TW3 1NE — London Borough of Hounslow — 1 Prince Regent Road, Hounslow TW3 1NE • The reason given for the condition is: To ensure that the development makes the fullest contribution to minimising carbon dioxide emissions in accordance with London Plan Policy 5.2 and the London Borough of Hounslow Local Plan Policy EQ1.

Page 1 · Chunk 3 approach.

1 Prince Regent Road, Hounslow, TW3 1NE — London Borough of Hounslow — approach. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 approach.

1 Prince Regent Road, Hounslow, TW3 1NE — London Borough of Hounslow — approach. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 5 approach.

1 Prince Regent Road, Hounslow, TW3 1NE — London Borough of Hounslow — approach. Appeal Decision APP/F5540/W/21/3275573 Background and Main Issue 4. In February 2019 planning permission was granted for a new building accommodating nine apartments. In doing so the Council imposed a condition for a carbon emission reduction strategy. The appeal relates to the refusal of the Council to approve the details required by this condition. 5. The main issue is whether the proposed development addresses climate change and achieves sustainable development. Reasons 6. Policy EQ1 of the Hounslow Local Plan (2015) (HLP) sets out, amongst other things, that in order to reduce carbon and minimise demand for energy developments are encouraged to incorporate renewable energies and low carbon technology. At criteria (d) the policy states that all developments will meet the carbon emission reduction requirements in the LP. 7. LP Policy SI 2 relates to major development, but it does encourage new developments to meet the on-site carbon reduction requirements of the policy. The Council contend that the proposed development would not make the fullest contribution to reducing on-site carbon emissions. However, based on the evidence before me, the proposal would achieve an on-site reduction of 35% as required by the Policy.

Page 2 · Chunk 6 approach.

1 Prince Regent Road, Hounslow, TW3 1NE — London Borough of Hounslow — approach. Furthermore, it would exceed carbon reduction targets set out in the Building Regulations. 8. In terms of U-values I acknowledge that the proposed development would largely be no higher than the notional baseline. However, the appellant indicates that with lower air permeability and the use of mechanical ventilation with heat recovery and solar photovoltaic panels it would achieve notable carbon reduction at the ‘Be lean’ and ‘Be green’ stages of the Energy Hierarchy outlined in the LP. Moreover, I note that it would exceed the standards set out in Building Regulations Part L1A. As such, I find that the proposal would accord with local and national requirements for carbon reduction and energy efficiency. 9. In light of the constraints outlined in the appellant’s Energy and Sustainability Statement I am satisfied that it would not be feasible to use alternative low carbon technologies including air source heat pumps. In my view, the sustainable technology proposed would be satisfactory in reducing on site carbon emissions and minimising energy demand. 10. Whilst the carbon offsetting calculations have been carried out using SAP2012 I note that the percentage improvement is calculated using SAP10 carbon factors.

Page 2 · Chunk 7 approach.

1 Prince Regent Road, Hounslow, TW3 1NE — London Borough of Hounslow — approach. In my view, this approach is appropriate and consistent with current methods. Moreover, I have not been provided with any substantive evidence to suggest otherwise. 11. The proposed development would address climate change using sustainable building materials and technology including solar photovoltaic panels achieving energy efficiencies and reducing carbon emissions. 12. On this basis the proposed development would be acceptable in respect of carbon emissions reduction, energy efficiency and achieving sustainable development in accordance with HLP Policy EQ1 and LP Policy SI 2. https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/F5540/W/21/3275573

Page 3 · Chunk 8 INSPECTOR

1 Prince Regent Road, Hounslow, TW3 1NE — London Borough of Hounslow — INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Ecology and biodiversity
Against appellant
¶10

The carbon offsetting calculations have been carried out using SAP2012, and the percentage improvement is calculated using SAP10 carbon factors, which the inspector views as appropriate and consistent with current methods.

Ecology and biodiversity
For appellant
¶11

The proposed development would address climate change using sustainable building materials and technology, including solar photovoltaic panels, achieving energy efficiencies and reducing carbon emissions.

Ecology and biodiversity
For appellant
¶12

The proposed development would be acceptable in respect of carbon emissions reduction, energy efficiency, and achieving sustainable development in accordance with HLP Policy EQ1 and LP Policy SI 2.

Policies relied on

Reference Weight
LP Policy 5.2
Limited
LP Policy SI 2
Determinative
HLP Policy EQ1
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 9 February 2022 under the Open Government Licence.