EH RESPONSE TO CONSULTATION
REFERRAL FROM PLANNING:
DEVELOPMENT CONTROL
Planning Reference:
Planning Officer: Fergal O’Donnell
14 October 2014
Kyri Eleftheriou-Vaus
020 7341 5686
Kyri.Eleftheriou-Vaus@rbkc.gov.uk
EH Acolaid Number
PP/14/06109
Environment Officer:
Telephone:
Email:
14/156238
Application site address:
54 Russell Gardens, LONDON, W14 8EZ
Pre-Application
Full Application
Informal Advice



Appeal
Notification

Planning brief
Policy


Date received
Date returned to planning officer :
Consultation deadline from
planning website:
Date(s) of discussion(s) with Planning officers
Environmental issue covered in this response :
Air Quality
X
Noise
Other (describe) such as
Licensed premises issues
Notification has also been
forwarded to (EH officer name)
Notification has also been
forwarded to (EH officer name)
Contaminated land
Date
Date
Other
For comments on:
(subject area)
For comments on:
(subject area)
Summary of application proposal
Erection of basement and lower ground floor plus 4 storey building comprising
13 no. Class C3 residential flats and 441 sq.m of flexible use for Class A1
(shops), A3 (restaurants and cafes), A4 (drinking establishments) and/or B1
(business) floorspace, cycle parking and storage (MAJOR APPLICATION)
The Council is required to work towards achieving the air quality objectives for nitrogen
dioxide and PM10. Developers must therefore develop appropriate low emissions
strategies to reduce the cumulative impact of new developments to ensure that no
deterioration in air quality occurs in accordance with Core Strategy policy CE5 and the
aims of the Council’s Air Quality Action Plan.
Comments
The site currently accommodates a public house and two residential flats. The
proposal is for thirteen residential flats and 417 square metres of flexible space for
retail/commercial space). There will be a basement car park with 7 spaces. A revised
air quality assessment has been provided to reflect the change in the energy strategy.
Air quality assessment methodology
Baseline data
The report states that there is a lack of background data near the site however data for
a range of pollutants, including NO2 and PM10 is available from the North Kensington
monitoring station (annual mean NO2 - 37µg/m3). As the figure used corresponds fairly
closely to the estimated background level value for NO2 this is accepted. However no
background value for PM10 is provided (annual mean PM10 – 22µg/m3) and no
information is provided for PM2.5.
Only four receptor locations have been used in the assessment and are all situated
within the site. No assessment of existing receptors has been included. The
adjustment factor for verification is not included in the report (the predicted level was
almost half of the monitored value at the verification site).
Transport data
While the report states that the increase in daily car trips has been taken into account
only limited information is provided. Baseline traffic data without the development is
not included or which roads the car trips have been assigned to. In addition a transport
assessment/statement has not been submitted with the planning application. This is
inconsistent with Transportation’s request that a Transport Statement be submitted with
the full planning application. This should include an assessment of the car trips and
servicing vehicles for all uses.
Heat /energy
The reference to the original proposal for a biomass boiler has been removed. The
energy strategy summary from the design and access statement refers to the use of a
ground source heat pump, solar PV panels and a heat recovery unit. The CFSH preassessment also refers to PV and to a communal ground source heat pump. The
BREEAM assessment also includes a reference to the planned use of a ground source
heat pump. While a ground source heat pump will not allow for pollution credits it does
not produce any pollutant emissions locally.
While the installation of a ground source heat pump is welcome, the proposal has not
been fully investigated i.e. no detailed feasibility assessment has been carried out, only
a report which identifies that it is possible to install the pumps. It is therefore essential
that a condition should be set to ensure it is installed prior to occupation or that if the
proposals are changed then an updated assessment must be carried out. If this is the
case detailed information will be required on any combustion plant and boilers. It is
also not clear whether it would meet the demand now that the boiler has been removed
from the proposals.
Air Quality Neutral Assessment
The assessment of the transport benchmark contained in the London Plan
Supplementary planning guidance is based on C3 (residential) and
A2/B1(financial/professional) land use classes however the application is for flexible
space which could include A1, A3 and A4 which could generate traffic, however Table
12 shows that no account of this is made. Furthermore there is an inconsistency in the
assessment of the benchmark value. Table 13 contains an estimate for PM10
emissions but none for NOx emissions from the A2, B1 transport use. Therefore there
is a potential underestimate in the emissions from traffic generation.
Despite this the assessment shows the development exceeds the London Plan
transport benchmark; therefore measures should be included such as electric charging
facilities for the use of the residential parking.
Conclusions
The assessment is incomplete and does not assess any existing sensitive receptors in
the surrounding area. The traffic data used in the assessment must be based on all
traffic generated including service vehicles for all uses. Insufficient information has
been provided for the assessment of the air quality impact from traffic.
The proposal for a ground source heat pump has not been fully worked and it is
possible that it may change; therefore a condition will be required. Should changes be
made to the heat/energy proposals details of all combustion plant must be approved
and many entail a revised AQ assessment.
Also estimates of the transport benchmarking exercise show that the emissions are
above the Mayor’s benchmark levels.
Requested
condition(s)
Low emission strategy
No development shall commence until a low emission strategy has been
submitted to and approved in writing by the Director of Planning and
Borough Development in consultation with the Director of Environmental
Health. The low emission strategy (LES) shall address the emissions
from transport and all boilers and combustion plant. The strategy shall
detail the emission reduction strategies to be incorporated including
proposals for boiler/plant abatement equipment, including the
calculation of the appropriate chimney height. Measures for transport
emissions shall include electric charging facilities in parking areas,
permit free and a travel plan etc.
Reason: To Comply with Policy 4A.19 of the London Plan and Policy
CE5 of the Core Strategy
Combustion and/ Energy Plant
No development shall commence until full details of the ground source
heat pump is submitted and approved in writing by the Director of
Planning and Borough Development in consultation with the Director of
Environmental Health. Any boilers to be installed must meet an
emission standard of 40mg/kWh dry NOx at 0% O2. Proposals for any
Biomass and /or Combined Heat and Power combustion plant will
require an assessment of its air quality impacts and must meet as a
minimum the Mayor’s Sustainable Design and Construction Band B
standards.
Reason: To Comply with Policy 4A.19 of the London Plan and Policy
CE5 of the Core Strategy
S.106
opportunities
Officer(s)
initials
KEV
An Air Quality contribution should be sought
Times spent (to nearest half hour)