New handrail, inside perimeter of flat roof to have softwood timber plank stained dark boarding to allow for free standing planting troughs for urban garden in connection with the proposed use of the roof area as a formal roof terrace. 22b Launceston Place, London W8 5RL Design & Access Statement (incorporating Planning Policies) _____________________________________________________ February 2013 Nigel Moor BA (Hons) MCD FRTPI FRSA Cotswold Business Centre Rissington Business Park Upper Rissington Gloucestershire GL54 2QB Tel: 01386 700 240 Mobile: 07778 207 034 Email: nigel.moor@nigelmoorplanning.co.uk _____________________________________________________________________ Contents 1. Description of Site & Surroundings 2. The Planning Background 3. Design, Materials, Landscaping, Layout and Access 4. Planning Appraisal 5. Conclusions Appendix 1 Photographs 1. Description of Site & Surroundings The building comprises No. 22b Launceston Place and No. 15 Kynance Mews. The Mews is described in the Conservation Area Proposals Statement De Vere, Kensington Court and Cornwall Conservation Area adopted by The Royal Borough of Kensington and Chelsea on 25th February 1985, as follows: “Kynance Mews, bounded by attractive listed ornamental archways, is divided in two by the southern end of Launceston Place, the eastern and shorter section leading through to Gloucester Road. The western section is the longest stretch of mews in the conservation area and walking through there is the feeling of being in a sunken passageway, with the raised level of Kensington New Town to the north and the soaring facades of Cornwall Gardens to the south. The houses have been much altered, although most have retained their brick facades.” There are existing roof gardens at the corner of Launceston Place and Cornwall Gardens, within the eastern section of Kynance Mews, No. 22a Launceston Place, and in the vicinity of No. 15 Kynance Mews, at Nos. 16 and 17. The roof gardens are clearly part of the character of this part of the Conservation Area, and introduce a pleasant, leafy aspect that complements the stucco and brick clad villas of Launceston Place and Kynance Mews. Photographs demonstrating this character of the area are enclosed at Appendix 1. 2. The Planning Background Planning History 2.1 A number of recent planning permissions are relevant. Planning permission was granted (DPS/ DC PP/08/ 032 16/ Q20) on 6th January 2009 for change of use from an architect’s office to a single family dwelling joining with the existing residential property at No. 15 Kynance Mews. Subsequently in 2009 permission was given for internal and external alterations (PP/ 09/ 022 999). A further application (DPS/ DNC/ PP/ 10/ 03844) for change of use to amalgamate the two residential units to form a new single family dwelling with alterations internally and externally was permitted. This also involved excavation to form a new basement floor under the amalgamated units. The consented plans showed a retractable skylight for access to the roof garden and a walkable glass skylight on the roof. 2.2 A further planning application (PP/ 12/ 04155) was submitted on 17th October 2012 which sought permission for the retention of perimeter railings, perimeter flower troughs and associated artificial hedging at main roof level of the premises, in connection with the proposed use of the roof as a formal roof terrace. The box hedging was proposed to provide privacy for the occupant of the two storey building that forms an extension along Launceston Place of No. 17 Cornwall Gardens. This building has a roof garden. Along the northern flank wall there is at the second floor a window whose sill is below the parapet of No. 22b Launceston Place and has a view across the flat roof of No. 22b Launceston Place to the rear gardens of the dwellings fronting onto Victoria Road. A gap of about two metres separates this northern flank wall from the facing wall of No. 22b Launceston Place. The application was refused on 12 th December 2012. 2.3 The first reason for refusal cited that the prominent positions, bulk, excessive height, materials and detailed design fail to either preserve or enhance the character or appearance of the property, the group of mews buildings of which it forms part and the overall setting of the De Vere Conservation Area. Policies referred to were the “Saved” policies expressed in the UDP 2002, as amended 28th September 2007, CD44 (to resist additional storeys and roof level alterations), CD45 (to permit additional storeys and roof level alterations), CD46(b) (roof terraces), CD55 (the character of mews properties), CD63 (Conservation Areas), and Core Strategies policies CL1 (Context and Character), CL2 (Modifications to Existing Buildings), CL3 (Heritage Assets) and CL6 (Small-scale Alterations and Additions). 2.4 The second reason for refusal alleged a negative impact upon the amenities of neighbouring buildings in terms of increased levels of overlooking, noise and disturbance, contrary to the Council’s Development Plan policies, in particular policy CD 46(a) of the UDP (Overlooking and disturbance) and Core Strategy policy CL5 (Amenity). In the informative attached to the refusal reference was also made to the Conservation Statement for the De Vere, Kensington Court and Cornwall Conservation Area already referred to. In a subsequent section of this Statement reference will be made to the Conservation Statement and the policies referred to in the reasons for refusal. 3. Design, Materials, Landscaping, Layout and Access 3.1 The objective of the architect has been to overcome the earlier objections to the original scheme. The utilitarian metal handrail has been replaced by new wrought iron railings to match that at the neighbouring property 2a Launceston Place, which will be fixed to the parapet wall and painted black. The 300 cm depth flower troughs with 1 m high artificial hedging are replaced by free standing planting troughs which will be placed on the inside softwood timber boarding on the flat roof. This informal urban garden will replicate that observed on the roofs of a number of dwellings in the vicinity. Access will be via the skylight. 3.2 The objective of the application is to enable the roof, which is already accessed via the first floor, to be used as a secure outdoor space, in a similar manner to adjoining dwellings, without any adverse impact on the neighbours or on the surrounding area. Access to the roof is provided from a fixed internal staircase with handrail and retractable sliding window. The conversion of the roof into a usable terrace will provide additional outdoor space for the occupants of the three bedroom family size mews house. The proposed planting and balustrade conform to the same height as adjoining railings. The appearance will be mainly foliage as evidenced on the adjoining roofs. 3.3 No parking entitlement was granted to 22b Launceston Place for residential parking permits, but 15 Kynance Mews has a residents parking entitlement. Access to the public transport network is good. The nearest Underground station is Gloucester Road, within a quarter of a mile. Bus services are available on Gloucester Road, Cromwell Road and Kensington High Street. 4. Planning Appraisal 4.1 In the Conservation Area Proposals Statement for the De Vere, Kensington Court and Cromwell Conservation Area, extensions and alterations are dealt with at page 58 of the Statement. Reference is made to paragraph 4.9.5 of the District Plan which indicates a general presumption against additional storeys, but there is no reference to roof terraces. The saved policies of the UDP 2002 however deal with roof terraces. Policy CD45 permits additional storeys and roof level alterations where either: a) the character of a terrace or group of properties has been severely compromised by a variety of roof extensions and where infilling between them would help to re-unite the group; or b) the alterations are architecturally sympathetic to the age and character of the building and would not harm its appearance. 4.2 The houses in Kynance Mews are predominantly flat roofed. The roof terraces that have been permitted do not seriously compromise the character of the Mews and are part of the area’s character. An additional roof terrace would provide a sympathetic balance to the roof terrace at 22a Launceston Place on the northern side of the ornamental arch leading to Kynance Mews from Launceston Place. Secondly the roof terrace would be compatible with the second arm of policy CD45 in that it would be architecturally sympathetic to the age and character of the building and would not harm its appearance. 4.3 Policy CD46 aims to resist the introduction of roof terraces if: a) significant overlooking of, or disturbance to, neighbouring properties or gardens would result; or b) any accompanying alterations or roof alterations are not to a satisfactory design, would be visually intrusive or would harm the street scene. Dealing with these: a) As there are existing roof terraces to the north, and west of the application site there would be no appreciable change in terms of overlooking or disturbance. As regards the window on the flank wall of the northward extension of No. 17 Cornwall Gardens, there would be no direct overlooking from the roof terrace, and as regards disturbance this can be governed by planning condition which is dealt with in the conclusions section. b) The revised proposals replicate the design of the balustrades existing in the vicinity of the site, and are of a satisfactory design, are not visually intrusive nor harm the street scene. 4.4 Policy CD55 protects the character of mews properties and CD63 the protects the character and appearance of Conservation Area. The analysis already examined has demonstrated how the proposals preserve and enhance the character of the area. 4.5 Core strategies CL1, CL2, CL3 and CL6 repeat the thrust of the development management policies already examined and the proposals conform to the Core Strategy adopted for the borough. 4.6 Policies CD 46(a) and CL5 deal with overlooking, disturbance and amenity, and these aspects have been earlier examined. 5. Conclusions 5.1 Permission 10/03844 showed access to the roof garden and there were no planning conditions restricting this access. 5.2 The revised proposals are compatible and complementary to those at No. 22a Launceston Place and to other dwellings in the vicinity. 5.3 In terms of overlooking, the objector Mr. Mittal’s privacy will be protected by new iron railings and planting and the existing views to the gardens of Victoria Road dwellings will still be enjoyed. Noise and disturbance can be controlled by planning condition. 5.4 The Council has granted planning permission for a scheme that has provided an additional family sized dwelling with considerable improvements to the external appearance of the buildings. The use of the roof area as a formal roof terrace is appropriate to the family sized dwelling. 5.5 A planning condition restricting the use of the roof terrace to the hours of 08.00 to 22.00 is recommended. There is currently no such condition restricting the use of the roof area. 5.6 The character and appearance of the Conservation Area are not harmed by these proposals which are complementary to the improvements that have already taken place. Appendix 1 Photographs 1- 18 of Kynance Mews and Launceston Place.