The officers report

RBK Head of Planning and Transport issued his report and recommendation on Monday 15 June 2015

Recommendation: 
PERMIT ( scheme A )
REFUSE ( scheme B )

Implications:
The council can give the officers report due consideration, but they are not bound by it. The council is free to go against the officers recommendation - and often do so.

Officers Reasoning:

268. It is considered the development will provide a number of significant benefits including the bringing back into use and refurbishing two unused listed buildings which are on the listed buildings at risk register into appropriate and economic uses, provision of new public realm, new retail, office space, community space, 360 housing units, including 54 affordable housing units (15% of the total). The design and quality of the proposed development is considered to be very high. The development accords with the London Plan’s density matrix and responds to the complex environments that surround it directly and from medium and long distance views. It complies with the objectives and principles of the Eden Quarter Development Brief and will begin further much needed regeneration in this area of the town centre. £2.8million in financial contributions will be provided towards improvements to public realm in the Eden Quarter area, the Fairfield, King Athelstan School as well as the development being setback to allow provision of mini-Hollands route and improvements to the environment of Wheatfield Way.

269. These positive aspects need to be weighed against issues in relation to a number of aspects: the height of the 19 storey building and the 13 storey building and some 9-10 storey buildings exceeding the guidance in the Eden Quarter Development Brief, although given its demonstrated high quality design it would from many viewpoints be an asset to Kingston. Concern and objection has been expressed that there could be considered to be some harm to the setting of the Telephone Exchange, in particular due to the juxtaposition of the proposed buildings which are significantly taller than the Telephone Exchange building, its visibility from the Market Place and conservation areas and historic parks, including Hampton Court Palace. It is considered the impact would be less than substantial and it is argued that this impact is not negative from a number of viewpoints; There would also be an impact on daylight to some residential properties in Wheatfield Way which exceed the guidelines in the Building Research Establishment’s Guidance on Sunlight and Daylight impacts, although not unusual in a town centre context. Concern has been expressed about the proportion of affordable housing. An independent viability assessment has confirmed that this has been maximised, and the quantity and type of affordable housing has been agreed with the Housing Service. However a review mechanism is proposed to be secured within the Section 106 Heads of Terms to ensure that any uplift in values during the phased construction of this major development is captured.

270. The National Planning Policy Framework states that permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in this Framework indicate development should be restricted. 

271. Overall Scenario A is considered to be a welcome development which would provide a comprehensive redevelopment of this underused urban block that lies close to the heart of Kingston Town Centre.

272. Regarding Scenario B, which includes the retention of Frances House, the retention of this building would not provide a comprehensive development of this block which would lead to an unacceptable visual relationship between Frances House and the 19 storey tower on one side and the four/six storey building on the other side. If Frances House were retained it would also project in front of the proposed buildings which have been setback to provide space for the mini-Hollands cycle route, an improved pavement and tree planting. The proposal would have a very significant and unacceptable impact on daylight and outlook to these properties, even taking account of its town centre location which the BRE guidance allows more flexibility in relation to the impacts of development on the sunlight and daylight of surrounding properties. This Scenario would also require the retention of the access from Brook Street which would reduce the benefits to the street scene in Brook Street whilst retaining an otherwise unnecessary vehicular access onto Brook Street. Scenario B is not supported and therefore it is recommended that this scenario does not form part of the approval for this development. 

273. If the comprehensive development as proposed in Scenario A, which includes the replacement of the 6 affordable residential units within the proposed development was supported, the Council would in principle be prepared to support a Compulsory Purchase Order of Frances House in order to secure a comprehensive development of the site.

274. In response to feedback regarding the tower, the applicants are considering removal of the glazed top floor of the 19 storey tower to reduce it to a total height of 18 storeys. No amendments have been submitted at the time of agenda preparation. Further information on this element will be provided at the committee meeting.