Location Max Roach Park, 319-335 Brixton Road, London, SW9 6ED

Ward

Coldharbour

Proposal Application Redevelopment of site to create a play park involving installation of new play equipment, formation of new boundary treatment, demolition of existing ball court and formation of a new relocated ball court, installation of lighting, hard and soft landscaping, alterations to existing Max Roach Building and associated alterations.

Applicant

Mr Robert McMillian

Agent Mrs Kathrin Feucht 49-51 Central Street London EC1V 8AB

Date valid

28 October 2009

Case Officer

Ms Astra Spyrou

Application Reference

09/03526/RG3

Advert Publication Date

1st December 2009

Site Notice posted on

2nd December 2009

1.0 Summary of Key issues 1.1 The key issues pertaining to this planning application are:-

(i) Land use: The principle use of the proposal within the context of the Open Space and community benefit;

(ii) Design impacts on the character and appearance of the surrounding

Conservation Area; (iii) The impact upon residential amenity of neighbouring properties in

terms of privacy, visual intrusion, light pollution and noise and disturbance;

(iv) Highways and transportation: Whether the installation and operation of

the scheme would have a detrimental impact on the safety and efficiency of the highway;

(v) Tree, Ecology, Archaeological and Surface Water implications, and; (vi) Secure by Design, Community and Public Safety issues.

2.0 Site Description 2.1 The application site comprises Max Roach Park which is some 1.9 hectares

in size and comprises open parkland laid out with a series of connecting paths with fenced areas along the north eastern boundary enclosing an Adventure Playground, a ball games area and a single storey building serving a nursery, One O’clock Club and community use (D1 Use Class) described as the Max Roach Building. This building and the Adventure Playground area are separate from the remaining areas of park and observe restricted opening hours and supervised play for children. In addition there is also a small enclosed playground for small children in the centre of the park which can be accessed at any time.

2.2 Access into the park is achieved from all sides; Villa Road to the north,

Wiltshire Road to the east, St Johns Crescent to the south and Brixton Road to the west. The park provides a spacious setting in the context of the residential development and community uses surrounding it which comprises pre-war housing and later post war housing immediately to the north.

2.3 Max Roach Park is classified as an ‘Open Space - Park’ under the Unitary Development Plan Proposals Map and is also located within the Brixton and Angell Town conservation Area (CA No.6). A portion of the western boundary is also within an Archaeological Priority Area. There are also Listed buildings located on the opposite side of St Johns Crescent and the corner of Brixton Road (337-339 Brixton Road). Brixton Road is a Trunk Road (A23), which is a radial road into Central London and carries high levels of traffic and is under the jurisdiction of Transport for London.

5

3.0 Planning History: 3.1 The site is subject to the following planning history: 01/00178/FUL: Demolition of part of existing log stockade fence and

replacement with 2.7m high mesh fence on brick stand and associated alterations. Approved at the Planning Applications Committee Meeting in 2001.

01/02751/FUL: Demolition of 1-27 Warwick House and the erection of 3

storey building containing 18 self contained flats along with erection of a lift tower to remaining part of Warwick House and associated works. (to include part of Max Roach Park) Approved at the Planning Applications Committee Meeting in 2003.

4.0 Proposal: 4.1 Planning permission is sought for the re-development of site to create a play

park involving the installation of new play equipment, formation of new boundary treatment, demolition of existing ball court and formation of a new relocated ball court, installation of lighting, hard and soft landscaping, alterations to the existing Max Roach building and associated alterations.

4.2 The development would relate to three main areas of the park, its western

side nearby the boundary of Brixton Road, the central section and the north eastern side currently comprising the Adventure Playground, the Max Roach building and a ball games area. The scheme would involve the retention of trees however some trees would be removed (18 in total). Each of these separate areas are discussed below:

4.3 Western side:

• Planting of tall grass and perennials along the boundary of Brixton Road.

• Provision of a new play ground to be enclosed by a 1m high bow top fencing which is similar to existing and raised mound. This area would be ‘dog free’ and would include numerous benches and a new lighting column.

• The Design and Access statement (D&A) outlines that this area would be for younger children.

• Installation of new play equipment to include the retention of an existing timber climbing structure with rope climbing frame removed, retention of swings, felled tree trunk, new nest swing and hammocks.

• Provision of a raised mound which would serve a slide, a water channel and sand pit.

• The existing rear wall of a now demolished property would be modified and provide a ‘folly’ with integrated steps and water play feature.

• New hard and soft landscaping to allow for wheelchair access incorporating safety surfacing.

4.4 Central section:

• Provision of hard surfacing to serve a bench, drinking fountain and new planting.

6

• A new playground in which the D&A outlines would be for older children and adolescents.

• Installation of rope bridges, climbing net and other suspended play elements. The climbing net would be suspended from ground levels to maximum height of 3m, however it would include taller column elements extending into the tree canopy.

• Provision of an off road cycle track with ramps and banking. • Planting of vegetable and fruit plots in raised beds against existing

fence. 4.5 North Eastern side (existing Adventure Playground):

• Removal of existing tarmac ball court and formation of a new asphalt ball court in a revised position adjacent to Villa Road. This would be served by a seating area clad in timber. It would stand 4m in height, would be 5.7m in width and 2.5m deep. Four Floodlights would also be installed around the perimeter of the ball court to an approx height of 7.4m

• Installation of new perimeter fencing approx 4.5m high enclosing the ball court and a lower fence approx 2.5m high and tree planting along Villa Road.

• Relocation of bicycle storage in the form of a shipping container which would be clad in woodpiles.

• New entrance gatehouse to adventure playground that would stand two storeys in height to a maximum height of 5.7m clad in steel and timber and inclusion of a paved area.

• Retention of existing adventure playground equipment and provision of a den along with a tree house sited in the north east corner of the site to a height of approx 5.2m with inclined wall clad in timber and steel.

• Alterations to the Max Roach Building in the form of new fenestration and doors and sun tubes to the roof slope.

• The rear of the building (west elevation) would be provided with a timber deck and outdoor kitchen.

5.0 Consultations and Responses 5.1 The application has been advertised by way of four site notices which were

posted in the vicinity of the site on 2 December 2009 and a press notice was published in the local press on the 1 December 2009.

5.3 Occupiers of the following properties in the neighbouring vicinity were

consulted by letter (143 in total, all units):

• 5-43 Villa Road • 56-64 (evens) 51-63 (odds) to include the Vicarage and St Johns

Church (49), Wiltshire Road • 2-20 St Johns Crescent • 309-319, 337,339,Brixton Road • Our Lady of the Rosary Church, Brixton Road • 1-17 Albemarle House, Stockwell Park Road • 42 Bedwell House, Stockwell Park Road • St Helens Roman Catholic Primary, Knowle Close

7

Summary of the neighbour consultation process:

5.4 Summary of support letter: No objections are raised, the children will be able

to play and cause less problems in and around the estate. 5.5 The following societies and local groups were consulted however have not

provided comment:

• Brixton Business Forum • Brixton Society • Herne Hill Society • Central Brixton Housing Forum

5.6 The following statutory consultees were also notified of the application and

their responses are summarised as follows:

• Transport for London: Raise no in principle objections, their full comments are contained in the subsequent sections of the report.

• English Heritage Archaeology: Consider that the site warrants further

consideration. An assessment of the archaeological implications of the scheme (possibly involving site work) would be appropriate and should be carried out by the developer appointed archaeological practice before any decision on the planning application is taken. Their full comments are contained in the subsequent sections of the report.

• The Environment Agency: Raise no in principle objections subject to

the imposition of a condition relating to surface water drainage. Their full comments are contained in the subsequent sections of the report.

5.7 Additionally the following consultees within the Council were consulted:

• Conservation and Design: Raise no objections and consider that the

scheme would not harm the character and appearance of the conservation area.

• Transport and Highways: Raise no objections subject to the imposition

of a condition in the event of planning consent.

• Park and Green Spaces: Raise no objections subject to the imposition of conditions in the event of planning consent.

• Regulatory Services: Raise no objections subject to the imposition of

conditions in the event of planning consent. • The Metropolitan Police Crime Prevention design adviser has not

raised any in principle objections.

No. Letters sent No.of Objections No. in support

143 0 1

8

5.8 The full comments and observations of statutory and internal consultations, where appropriate are included in the relevant sections of the report.

6.0 Planning Policy Considerations 6.1.1 National Policy The following national policy guidance is considered relevant to the

determination of the application:

PPS 1- (Delivering Sustainable Development) sets out the Government's overarching planning policies on the delivery of sustainable development through the planning system. It promotes good design that ensures attractive, usable, durable and adaptable places. PPG 9 – (Biodiversity and Geological Conservation) main objective is to promote sustainable development by ensuring that biological and geological diversity are conserved and enhanced.

PPG 13 - (Transport) objectives are to integrate planning and transport at the national, regional, strategic and local level and to promote more sustainable transport choices both for carrying people and for moving freight.

PPG 15 - (Planning and the Historic Environment) provides guidance for development that affects conservation areas. PPG 16 – (Archaeology and Planning) advises that archaeological remains are a finite and irreplaceable resource and that their presence should be a material planning consideration in applications for new development PPG 17 – (Open Space, Sport and Outdoor Recreation) seeks to protect existing recreation space and considers that the recreational quality of open spaces can be eroded by insensitive development or incremental loss of the site. PPS 25 – (Development and Flood Risk) sets out Government policy on development and flood risk. Its aims are to ensure that flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest risk. Where new development is, exceptionally, necessary in such areas, policy aims to make it safe, without increasing flood risk elsewhere, and, where possible, reducing flood risk overall.

6.1.2 The London Plan (as amended 2008) 6.1.3 The London Plan was consolidated in February 2008 and now includes

alterations that have been made since it was adopted in February 2004. The London Plan is the Mayor's development strategy for Greater London and provides strategic planning guidance for development and use of land and buildings within the London region.

9

6.1.4 The key polices of the plan, which are considered relevant in this case are as follows:

• Policy 3A.18 Protection and enhancement of social infrastructure

and community facilities • Policy 3D.8 Realising the value of open space and green infrastructure • Policy 3D.13 Children and young people’s play and informal recreation strategies • Policy 3D.14 Biodiversity and nature conservation • Policy 4B. 1 Design principles for a compact city • Policy 4B. 4 Enhancing the quality of the public realm • Policy 4B. 7 Respect local context and communities • The Supplementary Planning Guidance entitled ‘Providing for children

and young people's play and informal recreation’ was adopted in March 2008.

The SPG states ‘In a densely developed, highly urbanised city like London, the provision of safe, stimulating play facilities is essential to children’s welfare, health and future development. They are a key component of an exemplary sustainable world city.’

6.1.5 Relevant Unitary Development Plan Policies

The following Lambeth Unitary Development Plan (2007) polices are considered relevant to this application:

• Policy 9 Transport Impact • Policy 26 Community Facilities • Policy 32 Community Safety/Designing out Crime • Policy 33 Building Scale and Design • Policy 35 Sustainable Design and Construction • Policy 36 Alterations and Extensions • Policy 38 Design in Existing Residential / Mixed Use Areas • Policy 39 Streetscape, Landscape and Public Realm Design • Policy 45: Listed Buildings • Policy 47 Conservation Areas • Policy 48: Archaeology: Recording and Analysis of Buildings • Policy 50 Open Space and Sports Facilities. • Policy 52 Protection and Enhancement of the Natural Environment • Policy 54 Pollution, Public Health and Safety

6.1.6 The following Supplementary Planning Documents (SPD) are considered

relevant to this application:-

• Safer Built Environments (April 2008)

10

7.0 Planning considerations 7.1 Land Use: 7.1.2 The main land use issues relate to the impact of the scheme on the Open

Space and community benefits 7.1.3 The supporting statement outlines that the scheme forms part of the

development and substantial refurbishment of play provision across the borough directed by the Lambeth Play Strategy. It goes onto state that the proposals aim to respond to key points of the play strategy which include: play for older children, staffed provision, improvements in the quality of play provision, increased access and usage and by adding play value (not necessarily formal play equipment) to the wider public realm to increase opportunities for children’s play.

7.1.4 The statement considers that the scheme seeks to respond to the Lambeth

Play Strategy by providing:

1) Play for older children through: - improved access to ball games - gender specific play/socialising space - play elements involving height, risk and physical challenge - space for group socialising allied to play/games opportunities - space for informal dance and performance

2) Improvements in play provision, access and usage through: - better access to ball court directly via park allowing flexibility of use. - direct access to the adventure playground from the park with greater

visual presence and welcoming appearance for the Max Roach Building.

3) Play value integrated with wider public realm improvements through:

- play elements to be considered in the context of the general amenity value of the park as a whole.

- the existing park assets such as trees and grassland form the basis for the design and landscape alterations are aimed at increasing the general amenity value of the park as well as providing an exciting setting for innovative active and natural play.

7.1.5 The London Plan policy 3D.13 states that the Mayor and boroughs should

ensure that all children have safe access to good quality, well designed, secure and stimulating play and informal recreation provision. Paragraph 3.310 of this policy states that: ‘in densely developed, highly urbanised city like London, safe and stimulating play facilities are essential for a child’s welfare and future development……Even existing provision can be unsuitable because it cannot be accessed safely, because it caters for only a limited age group or because it is poorly maintained, unimaginatively designed of poor quality or is insecure’.

7.1.6 Policy 26 relates to community facilities and states that the development and

improvement of facilities for the community is supported and promoted. It states that proposals for new or improved education facilities will be permitted provided that the site or buildings are appropriate for their intended use, and that the nature and scale of the proposal, including hours of operation, do not

11

unacceptably harm the amenity of the area through noise, disturbance, or traffic generation.

7.1.7 The proposed development would enhance and improve the existing facilities

for the local community therefore achieving compliance with the general aims of London Plan policy and policy 26 in land use terms subject to meeting other UDP policy.

7.1.8 Policy 50 (Open Space and Sports Facilities) states that the Council will

protect Open Space in the Borough (as identified on the Proposals Map) from inappropriate built development which includes:

i) development which would result in the loss of or damage to open

space.

7.1.9 The policy further states that in exceptional cases, some development on open space may be permitted if it comprises:

1. Small scale development that is ancillary to the use and enjoyment of the open space

2. Development that facilitates or enhances public access 3. Development that makes compensatory provision for replacement

open space. 4. Selective development of housing where significant regeneration or

community benefits will be achieved 5. Development which protects the nature conservation value and

biodiversity of the land.

7.2.0 In addition paragraph 4.17.21 of Policy 50 outlines that Lambeth has a number of adventure playground sites that are popular with parents and children as they offer opportunities for supervised play, though some are in a poor state. It further states that they need modernisation and re-design, preferably involving children themselves, to make them more safe, attractive and relevant.

7.2.1 The proposal would result in the installation of new, generally modest play

equipment and structures and the relocation of the ball games court when viewed in the context of this large site and would involve the overall improvement of the play facility which would be used in association with the park. It is therefore considered that the scheme would not unduly impact upon the openness and usability of the open space. Given this, the schemes ancillary nature and that it would provide community benefit the proposal would be compliant to the aims of policy 50.

7.2.2 Whilst the proposal would not be prejudicial to UDP in land use terms, the

acceptability of the scheme is also contingent upon ensuring that it would not be harmful to the character and appearance of the conservation area, the amenity of surrounding residential occupiers, biodiversity, ecology, archaeology, surface water, land contamination or the functioning of the local road network.

12

8.0 Design 8.1.1 The site is situated in the Brixton and Angell Town conservation area and

provides an attractive open setting to the surrounding development. Policy 47 of the UDP seeks to promote high quality design that makes appropriate reference to the character and appearance of conservation areas and contributes positively to its surroundings. Additionally policy 39 considers that development should provide or enhance uncluttered, consistent, simple, accessible and co-ordinated public realm, with robust and appropriate materials and landscape design. The design of public spaces should relate well to the surrounding urban context and character.

8.1.2 The proposal would be sited within the confines of the existing park and

would involve the provision of new equipment to the western, central and north eastern areas of the park. It is the intention of the scheme to facilitate improved connections between the existing play facilities and to achieve a balance between user’s appreciation of the existing parkland qualities, the need for new play opportunities for children and young people and the aim of providing general improvements to biodiversity and access.

8.1.3 In response to the refurbishment of the existing young children’s playground

to the west of the site, the provision of a raised mound, folly, sand pit and new play equipment in the from of water play, swings and adaption of an existing timber climbing structure are considered acceptable. Whilst this area is visible from a number of prominent views such as Brixton Road the generally modest size and arrangement of the structures are considered not to appear incongruous or out of keeping in this park setting. The proposed water feature and sand pit are considered to add to the vitality of the area and the folly would reflect the landscape and natural elements of the site through the use of suitable materials. In response to the play equipment proposed for older children, whilst large the provision of a timber platform, netting and a rope walk to be located in the central section of the site is suitably set in from the site boundaries and to a certain extent would be screened by existing retained trees. Given its design of lightweight netting and slender columns, it would not appear notably solid and its impact on the open nature of the park would be appropriately mitigated. The setting of the Listed Buildings located near the corner of St Johns Crescent and Brixton Road would be preserved given the suitable design of the scheme and the separation distances involved.

8.1.4 The existing north east corner of the site observes a ball games area that

adjoins the adventure playground and the Max Roach Building. The proposal involves the replacement of this facility that would be of a similar size however would now be orientated east to west and would be sited parallel along the boundary of Villa Road. It would be served by a modest single storey structure providing seating and relocated cycle store that would now be clad in logs. In addition four floodlighting columns would be positioned in each corner of the court, at present there are three columns. Given the existing situation, that the scheme would provide an upgraded sports facility which is contingent to the use of the park and the modest size of the ancillary structures this part of the scheme would appear in-keeping with the park setting.

8.1.5 With respect to the existing adventure playground, the majority of the existing

play features and structures would be retained and an elevated gatehouse

13

would be provided along with a tree house sited in the far north east corner. Both structures would be visible with the tree house sited on the boundary of the site near the corner of Villa Road and Wiltshire Road. Whilst both structures are two storey in height, given their suitable scale and use of timber materials they would not appear unduly dominant in this park setting or the wider streetscene. The proposed alterations to the Max Roach building are generally minor and the installation of new rear door, fenestration, decking and the installation of small sun pipes in the roof would be acceptable in design terms and would not be prejudicial to policy 36.

8.1.6. The proposed fencing which encloses the adventure playground would be

varied in heights depending on its location. It would stand to a height of 4.5m around the perimeter of the ball court and would reduce to 2.5m in height along the boundary of the adventure playground. Whilst the fence surrounding the ball court would be stand higher than existing and would have a greater presence within the streetscene of Villa Road, given its lightweight construction the design is considered not to appear overwhelming in terms of the setting of the surrounding streetscene. In the event of granting planning permission a condition would be imposed securing that the fencing is painted in a suitably muted colour along with the floodlighting columns.

8.1.7 In summary, it is considered that the scheme would at least preserve and

enhance the character and appearance of the conservation area and the proposals are sympathetic to the setting of the park. (Policies 31, 36, 38, 39 and 47).

8.1.8 Landscaping and Trees 8.1.9 Policy 39 states that developments should include landscape design

that enhances the area. The grassland nature of the park would be retained and hard surfacing and safety surfaces are considered necessary for the safe functioning of the play park. The provision of new pathways, raised vegetable and fruit beds and planting would provide further visual interest. In the event of granting planning permission further details of the proposed soft and hard landscaping will be secured via condition and that it is suitably maintained.

8.2.0 It is proposed to fell a number of trees and the submitted arboricultural

report outlines that 15 are of a low quality and value and 3 are of a moderate quality and value. Such tree species include Sycamore, Ash, Elder and Prunus sp. In response it is considered that the trees which would be felled are generally mediocre specimens and therefore should not be considered a material constraint on the development of the site. The Council’s Parks Project Officer of Parks & Greenspaces Department advises that as such there is no in principal objection to this part of the scheme subject to suitable tree protection measures for retained trees. In the event of granting planning permission tree protection conditions would be imposed regarding the retained trees as identified within the Tree Survey. In addition further conditions would secure the provision of a soft landscaping scheme and proposed tree planting.

8.2.1 Ecology 8.2.2 Policy 50 also addresses ecological impacts and within part (v) states that

some development on open space sites may be permitted if it protects the nature conservation value and biodiversity of the land. Policy 52 (Protection

14

and Enhancement of the Natural Environment) states that all proposals, where relevant, will be assessed in terms of their impact on nature conservation.

8.2.3 The Councils Parks Project Officer has commented that Max Roach was

surveyed during the 2004 Lambeth Open Spaces Strategy Audit, and assigned a Quality Score of 52% (Average). The site scored poorly on Signage (19%), Site Furniture (e.g. general equipment, 54%); Boundary Features (52%), Sports and Recreation (0%), Biodiversity (27%), Architectural Value (11%) and Vegetation Quality (23%). In addition it is further stated that Max Roach Park was surveyed in 2007 by the Greater London Authority (GLA) as part of the Boroughs Habitat Survey and although around 137 different species were found on site, the diversity, distribution and abundance of species was not high enough to merit the site being recommended as a Site of Importance for Nature Conservation (SINC) and further recommendations were made to look for opportunities to improve the biodiversity and horticultural management of the site. Therefore, this development should, if appropriately planned and delivered, help to increase local biodiversity and significantly improve people’s access to nature.

8.2.4 In the event of granting planning permission it is considered that an ecological

watching brief is secured before any habitat clearance/engineering works begin. This will include where necessary full details of measures necessary for the protection of habitats or species.

9.0 Amenity Impact 9.1.1 Policy 7 of the UDP states that the right of people to the quiet enjoyment of

their homes will be respected. Policy 54 (e) states that noise and/or vibration generating development will not be permitted if it would create, or worsen, noise levels above acceptable levels set in national policy guidance. In particular, they will not be permitted where they would harm existing or proposed noise-sensitive development (e.g. housing, hospitals and schools) in the area, and if this cannot be acceptably attenuated. Further, policy 33 states that development should protect the residential amenity of existing and future residents by having an acceptable standard of privacy, having an acceptable impact on daylight and sunlight, not creating unacceptable overlooking and not creating an undue sense of enclosure.

9.1.2 It is considered that the residential properties that could be most impacted

upon from the scheme are those which have front aspect facing the park, these being those located in Villa Road, Wiltshire Road, St Johns Crescent and Brixton Road.

9.1.3 Visual impact and Privacy 9.1.4 The park is considered large within its urban context and is surrounded by

roads on all sides. In response to the new play equipment proposed to the western side, to include a raised mound, folly and play equipment to include swings and hammocks, given their acceptable size and the separation distances of over 35m to the nearest residential occupiers on Villa Road and over 70m to properties on the corner of Brixton Road and St Johns Crescent the scheme would not result in an undue sense of enclosure, loss of privacy or an acceptable loss of daylight/sunlight and overshadowing impact.

15

9.1.5 As discussed in the preceding sections of the report, whilst the raised netting

and associated rope walks would be prominent, the structure would be of a lightweight appearance given that it is not of a solid construction. In addition it would be sited in the centre of the park away from the site boundaries and when viewed from a number of positions, for the most part would be screened by existing retained trees. On this basis the structure would not appear unduly intrusive or overbearing. Additionally, given that its highest elevated part above ground in which children could stand on would be approximately 3m, it is considered there would not be any significant overlooking impact to residential occupiers.

9.1.6 In response to the new play equipment proposed within the existing

Adventure Playground this would comprise of a new tree house located in the far north east corner of the park close by to the junction of Villa Road and Wiltshire Road. Whilst this structure would stand at two stories in height it is generally modest and therefore would not appear unduly prominent within its park and tree setting. Its design provides for a raised platform 3m above the ground and whilst it would allow children to overlook the road junction given the separation distances involved to properties with front aspect, the presence of a highway and that platform is used for children’s play this subsequent relationship is considered acceptable in terms overlooking and privacy.

9.1.7 The provision of other new structures within the Adventure Playground to

include a gatehouse, seating structure and repositioned bicycle storage shipping container and new fenestration to Max Roach building would by virtue of their acceptable size, height and positioning within the site would not appear unduly intrusive to residential occupiers, primarily in Villa Road.

9.1.8 Noise and disturbance 9.1.9 In regards to potential noise and disturbance impacts the position of the

playground to the western side of the park and the Adventure Playground would be the same as existing and the proposal would seek to improve and enhance the site. The principle of new equipment would be sited in the central section in the form of the raised netting and off road cycle track for older children. On this basis, and given the established use of the park and separation distances to residential occupiers it is considered that the scheme would not result in any new significant impact or intensification with respect to the existing situation.

9.1.10 The relocation of the ball games court would be in a similar position to that

existing and whilst it would now include a covered seating area, this addition is modest and serves a small number of seats. On this basis and given that the opening hours would remain as existing it is considered that the use of ball court would not result in an unacceptable impact in terms of noise and disturbance. The ball court area would now be provided with additional floodlights on all sides which could lead to intensification issues during hours of darkness however it is has been confirmed by the applicant that existing opening hours would not change. Given this it is considered not necessary to restrict the use of the facility. The existing opening hours are: Mon-Fri: Term time 3.30pm - 8pm, Mon-Fri: School Holidays 10am - 6pm and Saturday: 11am - 4pm for the adventure playground and associated ball court and Tues-Friday 12-3.30 for the One O’clock Club.

16

9.1.11 The Councils Environmental Health Officer has advised that in the event of

granting planning permission a condition should be recommended securing details of a specification of the lighting to include lux, hours of operation, details of light spillage and details of shielding to neighbouring properties.

9.1.12 In response to the above and through the imposition of a safeguarding

condition it is considered that the proposed illumination from the floodlights would not result in significant loss of amenity to occupiers of nearby residential properties and the proposal would be compliant to UDP policy in this respect.

9.1.13 In summary, it is considered that the proposal would not have a

significant impact on residential amenity of neighbouring and surrounding properties. This is due to the acceptable design and siting of the development and as such the proposal complies with aims of policies 7, 33 and 54 of the UDP.

10.0 Community Safety / Designing out Crime 10.1.1 One of the overarching aims of policy 50 is to seek the provision of suitable

play areas for pre-school and junior children where appropriate. UDP Policy 32 (Community Safety/Designing Out Crime) requires that development should enhance community safety and development will not be permitted where opportunities for crime are created or where it results in an increased risk of public disorder. Any public spaces and access ways through or adjoining a site should be overlooked, have appropriate lighting, be set away from cover and provide clear sight lines. In addition the SPD entitled ‘Safer Built Environments’ states that play areas and communal spaces should always be overlooked.

10.1.2 The Council’s Crime Prevention Officer has not raised any in principle

objections and has commented that a full site survey was undertaken with the applicant to discuss the options prior to the submission for planning permission. It has been further commented that the folly on the raised mound and the provision of seating contained within the ball court area are acceptable given their size and nature along with lighting enhancements. In summary it is considered that the changes would enhance the area and therefore no objections are raised.

10.1.3 Given the above and that the scheme would primarily involve the

improvement of the site it is considered there would not be any new implications for community safety. In any case the scheme is considered to increase the visual amenity within the playground which could make the site more attractive to users. It is considered that crime prevention often depends on a wide range of measures. A combination of good design, encouraging pedestrian activity, 'eyes on the street' and community involvement, is a much more effective way of making the borough safer, rather than the negativity of gated developments and other physical crime prevention measures.

10.1.4 In this instance, in the event of grant planning permission a condition is

recommended for a maintenance schedule to be secured and approved by the LPA in advance of any development works taking place. This is to ensure effective management and use of the play area and open space in order to

17

reduce any potential impact on public health and safety and to preserve the character and appearance of the conservation area.

11.0 Transport Considerations

11.1.1 Policy 9 of the Unitary Development Plan states that all applications will be

assessed for their transport impacts. 11.1.2 The proposal is for improvement works to the park and the Councils

Transport Officer and Transport for London expects that the proposal would not result in any significant impact on the safety or operation of the surrounding highway network. However, it is stated that a method of construction statement should be submitted for approval, to ensure any impacts on the operation of the surrounding highway network are minimised. In the event of granting planning permission this would be secured via condition. Therefore it is considered that the proposal would comply with policy 9 of the UDP.

12.0 Archaeology 12.1 The western part of the site is located within an archaeological priority area

and development in this section involves the provision of raised mound, folly and play equipment. English Heritage Archaeology have commented on the submission and state that their preliminary appraisal of the site indicates that the scheme warrants further consideration. An assessment of the archaeological implications of the scheme (possibly involving site work) should be carried out by the developer appointed archaeological practice before any decision on the planning application is taken, would be appropriate. It is further stated that once the archaeological impact of the proposal has been defined a decision can be made. If archaeological safeguards do prove necessary, these would normally consist either of design measures to preserve remains in situ or archaeological investigations prior to development or a combination of the two.

12.2 On the basis of the above and whilst it is regrettable that the

submission was not accompanied with a report addressing archaeology, in this instance it is considered that the requirements of English Heritage can be secured via condition prior to the commencement of development. At the time of writing the report the applicants are currently addressing archaeological implications and have submitted the findings of ground work investigations to English Heritage.

13.0 Flood risk

13.1 Given that the site is over 1 hectare in size surface water impacts would need

to be addressed in compliance with PPS 25 Development and Flood Risk. In this instance the Environment Agency have provided comment and consider that the scheme would be unlikely to impact significantly upon surface water attenuation at the park. However, in the event of granting planning permission a condition is recommended requiring details of a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development.

18

14.0 Contamination 14.1 The scheme has been supported with a contaminated land risk assessment

(Phase 2) and outlines that following the current conditions and the information established under site investigations, the site is considered to pose a low to medium risk to human health from sources on the site as plausible pollutant linkages exist. Recommendations are outlined in the report to include the replacement of top soil near the Max Roach Building and other areas around the park. In the event of approval full details of the removal and containment of any contamination present would be secured via condition.

15.0 Conclusion 15.1 Taking into account the need to improve the park and adventure playground

as established under policy 50 and the suitable design of the scheme it is considered that the proposal would not be contrary to UDP policy in land use terms.

15.2 In response to the acceptable siting, scale, and design of the new play

equipment, associated structures, relocation of the ball court, alterations to the Max Roach Building and landscaping works the scheme would not detract from the character or appearance of the conservation area or unduly harm residential amenity or local highway conditions. It is also considered that the scheme would not be prejudicial to existing trees, ecology conditions, archaeology, flood risk and land contamination issues through the imposition of suitable conditions. Given this the scheme would comply with the aims and objectives of UDP policy.

16.0 Recommendation 16.1 Grant Conditional Planning Permission

19

Summary of the Reasons: In deciding to grant planning permission, the Council has had regard to the relevant Policies of the Development Plan and all other relevant material considerations. Having weighed the merits of the proposal in the context of these issues, it is considered that planning permission should be granted subject to the conditions listed below. In reaching this decision the following Policies were relevant: Policy 9 Transport Impact, Policy 26 Community Facilities, Policy 32 Community Safety/Designing out Crime, Policy 33 Building Scale and Design, Policy 35 Sustainable Design and Construction, Policy 38 Design in Existing Residential / Mixed Use Areas, Policy 39 Streetscape, Landscape and Public Realm Design, Policy 45: Listed Buildings, Policy 47 Conservation Areas, Policy 48: Archaeology: Recording and Analysis of Buildings, Policy 50 Open Space and Sports Facilities, Policy 52 Protection and Enhancement of the Natural Environment and Policy 54 Pollution, Public Health and Safety. Conditions 1. The development to which this permission relates must be begun not later than

the expiration of three years beginning from the date of this decision notice.

Reason: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.)

2. No works or development shall take place until a landscaping scheme including

a specification of any new tree, hedge and shrub planting has been approved in writing by the Local Planning Authority. This specification will include details of the quantity, size, species, position and the proposed time of planting of all trees/shrub/hedge to be planted, together with an indication of how they integrate with the proposal in the long term with regard to their mature size and anticipated routine maintenance. All tree, shrub and hedge planting included within that specification shall be carried out in accordance with that specification and in accordance with BS 3936 (1992).

Reason: To ensure satisfactory landscaping of the site in the interests of visual amenity. (Policies 31, 33, 39 and 47 of the Unitary Development Plan (2007) refer.)

3. All planting, seeding or turfing comprised in the approved details of Condition

no. 2 for landscaping shall be carried out in the first planting and seeding season following the occupation of the development hereby permitted or the substantial completion of the development, whichever is the sooner. Any trees, hedgerows or shrubs forming part of the approved landscaping scheme which within a period of five years from the occupation or substantial completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

20

Reason: To ensure a satisfactory and continuing standard of amenities are provided and maintained in connection with the development in accordance with Policy 39 and 47 of the adopted Unitary Development Plan (2007).

4. Prior to the commencement of the development hereby permitted detailed

drawings, samples and/or a specification of all finishing materials to be used in any hard-surfacing of the site. All hard-surfacing on the site and installation of any lighting and other external fittings shall thereafter be carried out solely in accordance with the approved details.

Reason: To ensure that such works do not detract from the development itself or from the appearance of the locality in general. (Policies 31, 33, 39 and 47 of the Unitary Development Plan (2007) refer).

5. The external surfaces of the proposed folly located in western side of the park

to include the elevations shall not be constructed other than in materials, details/samples and colour of which shall be submitted to and approved in writing by the Local Planning Authority before any building work commences and this condition shall apply notwithstanding any indications as to these matters which have been given in the application. The development shall thereafter be carried out solely in accordance with the approved details.

Reason: To safeguard and enhance the visual amenities of the locality. (Policies 31, 33, 39 and 47 of the Unitary Development Plan, 2007.)

6. Full details of the lighting of all external areas, including any floodlighting of the

ball court, shall be submitted to and approved by the Local Planning Authority before the use commences. The details shall include a specification of the lighting, location, lux, hours of operation, details of light spillage, details of shielding to neighbouring properties and scaled drawings of the any lighting columns at a scale of 1:20.

Reason: To safeguard the amenities of residential properties and of the area generally Policies 7 and 54 of the Unitary Development Plan (2007).

7. Prior to the commencement of any works on site, a watching brief together with

Potential Mitigation Measures shall be submitted to and approved in writing by the Local Planning Authority. Where necessary full details of measures necessary for the protection of habitats or species should be included and particular attention should be paid to habitats identified in national, regional or local Biodiversity Action Plans. Any works involving trees (e.g. felling or pruning) should take place outside the normal bird nesting season, and all trees must be thoroughly checked before works commence. The development shall not proceed other than in accordance with the terms of the approved brief.

Reason: To safeguard the nature conservation and biodiversity of the site (Policy 52 of the Unitary Development Plan (2007) refer).

8. No development approved by this permission shall be commenced until:

i) Detailed proposals for the removal, containment or otherwise rendering harmless any contamination (the reclamation method statement) have been submitted to and approved in writing by the Local Planning Authority.

21

ii) The works specified in the reclamation method statement have been completed in accordance with the approved scheme.

iv) If, during reclamation works, any contamination is identified that has not been considered in the reclamation method statement, then remediation proposals for this material should be agreed with the Local Planning Authority.

Reason: In order to ensure that the development does not pose an unacceptable contamination risk. (Policy 54 of the Unitary Development Plan (2007))

9. No development shall take place until a Method of Construction Statement has

been submitted to and approved in writing by the Local Planning Authority and construction works, including parking, deliveries and storage, shall take place solely in accordance with the approved details.

Reason: To avoid hazard and obstruction being caused to users of the public highway and in the interest of public safety (Policies 9 and 31 of the Unitary Development refer.)

10. Adequate precautions shall be taken during the construction period to prevent

the deposit of mud and similar debris on the adjacent public highways in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to the relevant part of development commencing.

Reason: To minimise danger and inconvenience to highway users. (Policy 9 of the Unitary Development Plan (2007))

11. No development shall take place until the applicant has undertaken an

assessment of the archaeological implications of the scheme to be carried out by the developer appointed archaeological practice and secured the implementation of a programme of archaeological work in accordance with a written scheme for investigation which has been submitted by the applicant and approved by the Local Planning Authority. The development shall only take place in accordance with the detailed scheme pursuant to this condition. The archaeological works shall be carried out by a suitably qualified investigating body acceptable to the Local Planning Authority.

Reason: To safeguard any archaeological interest of the site (Policy 48 of the UDP refer).

12. No trees other than those shown to be removed on the Approved Plan, Drwg

No. 865-P111 A and referenced to in the Approved Document, Arboricultural Implications Assessment and Tree Protection Plan Report prepared by Bosky Trees Arboricultural Consultancy dated 21/10/09 shall be felled, pruned, uprooted, damaged or otherwise disturbed without the prior written agreement of the Local Planning Authority.

Reason: To ensure the retention of, and avoid damage to, the retained trees on or adjacent to the site that represent an important visual amenity to the locality and wider area in accordance with Policy 39 of the Lambeth Unitary Development Plan (2007).

13. Prior to the commencement of the development hereby approved a Tree

Protection Plan that accords with Section 7 of BS5837:2005 and relates to all

22

retained trees on the site shall be submitted to and approved in writing by the Local Planning Authority. The Tree Protection Plan shall be implemented in strict accordance with the approved details and put in place before any machinery, demolition, materials storage or development commences on the site.

Reason: To ensure the retention of, and avoid damage to, the retained trees on or adjacent to the site which represent an important visual amenity to the surrounding area in accordance with Policy 39 of the Lambeth Unitary Development Plan (2007).

14. Prior to the commencement of the development hereby approved, details of all

proposed Tree Surgery Work required to facilitate development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved works shall be carried out in accordance with BS3998:1989. The development shall thereafter be implemented in strict accordance with the approved details.

Reason: To ensure the retention of, and avoid damage to, the retained trees on or adjacent to the site that represent an important visual amenity to the locality and the wider surrounding area in accordance with Policy 39 of the Council's Unitary Development Plan (2007).

15. Prior to the commencement of the development hereby approved, details of all

Arboricultural Site Supervision shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in strict accordance with the approved details.

Reason: To ensure the retention of, and avoid damage to, the retained trees on or adjacent to the site that represent an important visual amenity to the locality, and the wider surrounding area in accordance with Policy 39 of the Council's Unitary Development Plan (2007).

16. Prior to the commencement of the development hereby approved, an

Arboricultural Method Statement in accordance with section 7 of the BS5837:2005 relating to (a) the installation of geocellular membranes and ground protection measures and (b) ‘No-Dig’ construction and the associated raising of soil levels around the retained trees shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter, the Method Statement shall be implemented in strict accordance with the approved details.

Reason: To ensure the retention of, and avoid damage to, the retained trees on or adjacent to the site that represent an important visual amenity to the locality and the wider surrounding area in accordance with Policy 39 of the Council’s Unitary Development Plan (2007).

17. Detailed drawings to a scale of 1:20 and a schedule of materials to be used in

the carrying out of the development shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and this condition shall apply notwithstanding any indications as to these matters which have been given on the approved plans and in the application. The development shall thereafter be carried out solely in accordance with the details approved in writing. The following details will be required:

23

a) section of the proposed boundary treatment to the adventure playground b) details of new windows to the Max Roach Building c) floodlight columns to ball court Reason: To safeguard and enhance the visual amenities of the surrounding conservation area,(Policies 33, 36, 39 and 47 of the Unitary Development Plan (2007) refer)

18. Development shall not begin until a surface water drainage scheme for the site,

based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include details of how the scheme shall be maintained and managed after completion.

Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system in accordance with policy 54 of the Unitary Development Plan (2007) and PPS 25.’ Development and Flood Risk’.

19. No development shall take place until there has been submitted to and

approved in writing by the Local Planning Authority a scheme for the maintenance of the proposed play features as a whole, which shall include information and details on its regular inspection and servicing. The maintenance schedule shall remain in place for the life span of the development, unless the Local Planning Authority gives its written consent to any variations.

Reason: To ensure effective management and use of the play area and open space in order to reduce any potential impact on public health and safety and the character and appearance of the conservation area in accordance with policy 47 and 54 of the Unitary Development Plan 2007.

Informatives 1. This decision letter does not convey an approval or consent which may be

required under any enactment, by-law, order or regulation, other than Section 57 of the Town and Country Planning Act 1990.

2. Your attention is drawn to the need to comply with the requirements of the

Control of Pollution Act 1974 concerning construction site noise and in this respect you are advised to contact the Council's Environmental Health Division.

3. You are advised of the necessity to consult Transport for London's steward,

Mouchel Parkman, on 020 7358 2600 prior to the commencement of construction in order to obtain necessary approvals and licences prior to undertaking any works within the public highway including scaffolding, temporary/permanent crossovers, oversailing/undersailing of the highway, drainage/sewer connections, hoarding, excavations (including adjacent to the highway such as basements, etc), temporary full/part road closures, craneage licences etc.