Officer Recommendation:
Grant Permission subject to S.106 Obligation and conditions.

1. Proposal - Demolition of the existing building (Use Class B8 1165 square metres) and the construction of a new building rising to a total of 4 storeys providing 29 residential dwellings (9 one bedroom, 16 two bedroom and 4 three bedroom flats) with 3 off street car parking spaces for people with disabilities, cycle storage, ground level and rooftop amenity space and the formation of new vehicle layby in London Road with adjustments to the existing public footpath.

2. Affordable Housing – The officer recommendation in the report included that any planning permission be subject to a legal agreement regarding the provision of affordable housing (and other matters).  Officers advised that -
(a) the Council’s target for such a development was to seek for 40% of the proposed residential units to be affordable housing;

(b) the applicant had initially offered no affordable housing, but a review had shown that it would be viable to provide affordable housing in the proposed development;

(c) the applicant had now offered that 40% of the habitable rooms be affordable housing which was equivalent to 34.5% of the proposed residential units;

(d) the offer was a mix of shared ownership and affordable rent units, and included a mix of different types of residential unit; and

(e) if the Committee approved the application, this offer would be subject to further scrutiny prior to any decision notice being issued.

3. Boundary Wall and Trees – Residents, as part of their oral representations requested that the rear boundary wall behind properties in Cedars Road and Nos. 42/43 Camrose Close be retained and be 4m in height along its whole length, and that the trees on the boundary of 19 Cedars Road be retained. 

The applicant’s representatives indicated as part of their oral representations that they would be happy to discuss these issues with residents, and also other issues raised by residents in their oral representations regarding green roofs and sustainability (see also paragraphs 4 & 5 below).

4. Green Roofs – A resident, as part of their oral representations, expressed concern that the report and associated drawings referred to the proposed green roofs in various different ways, and this needed to be clarified.  Officers advised that the revised Condition 15 (Green/Brown/Living Roof) (included on the modifications sheet tabled at the meeting), would require that the roofs’ specifications to be submitted (for approval) to officers and make clear what the roofs would comprise.

5. Sustainability and CO2 emissions – In response to a suggestion by a resident, as part of their oral representations, that the CO2 emissions should be 40% below the level required by the 2010 regulations, instead of only 25 % below as proposed –

(i) officers  explained that the recent changes made by the Government on sustainability (as detailed in para.’s 7.83 – 7.88) meant that such a development should be required to achieve the CO2 reduction standards equivalent to Code for Sustainable Homes (level 4)  which was understood to be 25% below the level required by the 2010 regulations; and
(ii) officers undertook to check on this issue prior to any decision notice being issued.

6. No use of Flat Roofs - Further to representations by a resident, as part of their oral representations, requesting that there be no balustrade to the flat/green roofs, officers confirmed that it would be possible to impose an extra condition requiring that access to the roofs be restricted to maintenance purposes only (and not used for amenity purposes).   As indicated below, the Committee subsequently agreed that such an extra condition be imposed.

6.1 Officers also indicated that it might be difficult to require that there be no balustrade, as railings might be a required under building regulations. 

7. Balconies – Further to representations from residents regarding possible overlooking of neighbouring residents from the development’s proposed  balconies, officers explained in detail where the balconies were located and their distances to neighbouring properties.

8.. Approval - The application was approved as detailed below (Councillor David Dean dissenting).

Decision: Item 9- ref. 14/P3362 (Former Express Dairy, North Lodge, 166-168 London Road, Morden SM4 5AT)

GRANT PERMISSION subject to the completion of a Section 106 Agreement and subject to the conditions set out in the officer case report and the tabled modifications sheet, and subject to the following –

Extra Condition - No use of Flat Roofs – An extra condition be added requiring that access to the flat/green roofs be restricted to maintenance purposes only (and not used for amenity purposes).