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No.Condition Text
1.The change of use of the first floor from Use Class E(d) indoor sport to Use Class C3 is not supported as the application has not acceptably demonstrated that the full or partial use of the site could be used as other forms of social infrastructure or alternative sports and recreational provision contrary to Local Plan policy 16 and London Plan policies S5(C) and SD6(J).
2.The location of the first floor flats would be positioned directly above the rear courtyard entrance to the ground floor commercial units and may result in noise impacts to these flats which may place unreasonable restrictions on the use and impact on the future viability of these units. Therefore, it has not been demonstrated that the scheme has been designed in a sensitive way to protect new residential occupiers from noise and other nuisances contrary to Local Plan Policy 7 and London Plan policies D6, D13 and D14.
3.The proposed flats would fail to provide an acceptable standard of accommodation, due to poor levels of outlook, privacy, noise impacts and no provision of private or communal space and would in the absence of information to demonstrate otherwise receive unacceptable levels of daylight within. The bedroom windows of Flats 1-01, 1-02, 1-04 and 1-05 would fail to have a privacy buffer with the galley access and future occupiers would rely on blinds/curtains to maintain privacy within resulting in a dark oppressive living environment within these flats. The proposals are contrary to Local Plan Policies 7 and 26 and London Plan policy D6.
4.In the absence of sufficient information it has not been demonstrated that the proposed dwellings would be served by an adequate and safe and inclusive access to meet the needs of future occupiers or achieve a minimum floor to ceiling height of 2.5m for at least 75 per cent of their Gross Internal Area and would therefore fail to provide a good standard of accommodation for future occupiers contrary to Local Plan Policies 7, 10 and 26, London Plan policies D5, D6 and D11 and paragraph 110(b) of the NPPF (2021).
5.The proposed development would fail to provide any family sized units and the proposed dwelling mix would not comply with the Councils recommended dwelling mix. The proposals are therefore contrary to Local Plan policy 5 and London Plan policy H10.
6.The applicant has failed to demonstrate to the satisfaction of the Local Planning Authority that adequate refuse and recycling provision and cycle storage could feasibly be accommodated on-site and has not clearly identified or explained how servicing the proposed flats would integrate with the existing servicing arrangements for the ground floor commercial units. The proposed development is therefore contrary to Local Plan policies 23 and 35 and London Plan (2021) policies T2, T4 and T5.
7.In the absence of a legal agreement to restrict the eligibility of future occupiers of the flats for on-street residential parking permits. The development would fail to reduce car dominance and fail to promote sustainable development contrary to Local Plan policies 23 and 24 and London Plan (2021) policies T2, T6 and T6.1.
8.Statement Required by Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015: Consideration was given to seeking amendments, but given conflict with adopted planning policy, notification of intended refusal and the reason(s) for it was given to the Agent by email on the 22/03/22.
9.The proposal, if granted planning permission on appeal, would be liable for a Mayoral and Havering Community Infrastructure Levy payment as it would create five additional residential units and would add a net additional 353sqm of residential floor space. Therefore the proposal would incur a charge of £8,825 and £44,125 based on the calculation of £25 per square metre and £125 per square metre, subject to indexation.