Response sent 06 July 2018 FOI ref 3018

Please can you supply any records that your department holds relating to works at Wests Garage site between 1st June 2016 and 31st December 2016. I would envisage that you might have records of; application to commence demolition (from the contractor) potentially also with timeline of proposed activities complaints made by residents relating to noise and/or vibration visits you and/or colleagues made to the site (I believe that at least one such visit was made) other more general notes you or colleagues might have made in this time period vibration and/or noise monitoring records submitted by the developer to your department (eg some kind of completion report?) Thank you for your request for information above, which we have dealt with under the terms of the Freedom of Information Act 2000. I hope the following will answer your query: There are three streams on information that the Council holds regarding works on the West Garage site in Newmarket Road for the period June 2016 – December 2016. Firstly, information held by the Environmental Quality and Growth Team with regard to complaints received by them and consultation responses given to planning applications. Secondly, information held in relation to planning applications that are widely available to public access through the planning service online database. Thirdly, records made by Planning Enforcement Officers in relation to allegations of planning control at the above address. Please find attached details supplied by the Environmental Quality and Growth Team, links to public access for records relating to planning applications for the site during the period concerned, and planning enforcement records relating to the investigation consisting of recorded notes made on the database and photographs taken during site visits in that period. Due to personal data being held on some of the records, these have been redacted in line with data protection policies and legislation. The records relating to June 2016 Pre Demolition application can be found on this link. https://idox.cambridge.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=OAVRATDXMUS00

Further queries on this matter should be directed to foi@cambridge.gov.uk

EQG were consulted on two applications:

16/1030/FUL Application for the erection of student accommodation with 219 student rooms

(following demolition of existing buildings), together with ancillary accommodation comprising

common / study rooms, laundry room, management office, plant room, bin and bicycle enclosures,

landscaping and associated infrastructure including a sub-station at Wests Garage, 217 Newmarket

Road, Cambridge, Cambridgeshire CB5 8HD. EQG’s comments were uploaded to Public Access on 5th

July 2016 (attached).

16/1088/S73 Section 73 application to vary condition 2 (approved plans) of permission 14/1154/FUL,

allowed under appeal APP/Q0505/W/15/3137454, to permit a minor material amendment to the

approved scheme to include the reconfiguration of the internal layout to create 7 additional study

bedrooms (209 study bedrooms in total), reduction in the buildings footprint and cluster sizes,

alterations to the substation enclosure and cycle parking arrangement, together with minor external

alterations. EQG’s comments were uploaded to Public Access on 5th July 2016 (attached).

2nd August 2016

EQG were consulted on 16/1386/DEMDET Prior notification of the demolition of existing showroom

and associated workshops as shown on plan M1716 - Ext – 03. EQG’s comments were uploaded to

Public Access on 24th August 2016 (attached).

10th October 2016

Complaint received by EQG about noise and vibration from on-going demolition works. EQG referred

the matter to Planning for follow up.

24th October 2016

Complaint received by EQG about noise and vibration from on-going demolition works. An officer

from EQG visited the site on 27th October and met with demolition Site Manager and demolition

Operations Manager – the concrete base was in the process of being broken by a large pecker on an

excavator, at the time of the visit vibration was minimal, Site Manager showed EQG officer some

underground tanks and was advised not to remove until a procedure had been agreed with EQG.

Site Manager advised he would arrange this through the Planning Agent.

3rd November 2016

Complaints received by EQG about noise and vibration from on-going demolition works, specifically

breaking of concrete ground slab. EQG advised Site Manager for his follow-up. Site Manager advised

that a smaller pecker was now in use which lessened noise and vibration but increased work time.

4th November 2016

Site Manager advised EQG that he had visited several properties and felt that vibration was

detectable but not excessive. The original 30 tonne breaker has now been replaced by a smaller 13

tonne breaker. Concrete now being moved towards Newmarket Road away from residential

properties to be broken up.

14th December 2016

EQG were consulted on 16/1030/COND11 Discharge of Condition 11 (noise & vibration from

demolition/construction activities). EQG’s comments were uploaded to Public Access on 22nd

December 2016 (attached).

22nd December 2016

EQG were again consulted on 16/1030/COND11 Discharge of Condition 11 (noise & vibration from

demolition/construction activities). EQG’s comments were uploaded to Public Access on 3rd January

2017 (attached).

PLANNING CONSULTATION RESPONSE

Responding Officer:

Ben Walther

Date: 5th July 2016

Planning Ref No: 16/1030/FUL

M3 Ref No: WK/201632735

Description of Development:

Wests, 217 Newmarket Road, Cambridge CB5 8HD

Erection of student accommodation with 219 student rooms (following demolition of existing buildings), together with ancillary accommodation comprising common / study rooms, laundry room, management office, plant room, bin and bicycle enclosures, landscaping and associated infrastructure including a sub-station

Cross one:

The development proposed is acceptable subject to the imposition of the condition(s)/informative(s) outlined below.

The development proposed is unacceptable and should be refused for the reason(s) set out below. It is not possible to comment on the proposed development and the additional information set out below will be required in order to provide comments.

See concerns regarding and the need for House in Multiple Occupation (HMO) / Student Management Plan and a request for additional prior to consent being granted. The following comments and conditions are likely to be recommended if the HMO management concerns can be adequately addressed.

List of required conditions/Informatives:

Standard conditions: CC63 – construction hours EH1 – collection during construction CDNVP – construction/demolition noise/vibration & piling DUST – dust condition CONT1 – CONT6 (all six) – contaminated land

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Bespoke Conditions: Glazing specification The external building envelope glazing element sound reduction performance / index (Rw) specifications to mitigate against traffic noise from Newmarket Road as detailed / stated within the Red Acoustics, UNICITY XXI CAMBRIDGE SARL, C/O THREESIXTY DEVELOPMENT LTD, Environmental Noise Study (R1135-REP01-PB) dated 20 May 2016 shall be fully implemented prior to occupation and shall be maintained and retained thereafter. The sound reduction performance of the external building glazing elements shall be for the glazing window unit / package as a whole in their installed condition inclusive of the glazing, the frames, casing spandrel panels or mullions, all seals on any openable part of the system and any openings. Ventilation Prior to the commencement of development/construction, details of an alternate ventilation scheme to open windows for the student accommodation shall be submitted to and approved in writing by the local planning authority. The ventilation scheme shall source air from the rear of the development away from the road. The ventilation scheme shall achieve at least 2 air changes per hour. The scheme shall be installed before the use hereby permitted is commenced and shall not be altered. Reason: To protect human health in accordance with policy 4/13 and 4/14 of the Cambridge Local Plan (2006). Plant noise insulation Before the development/use hereby permitted is occupied, a scheme for the insulation of plant and equipment in order to minimise the level of noise emanating from the plant shall be submitted to and approved in writing by the local planning authority and the scheme as approved shall be fully implemented before the use hereby permitted is commenced and shall be retained thereafter. Artificial Lighting Prior to the installation of any lighting an external artificial lighting assessment and scheme shall be submitted to and approved in writing by the local planning authority. The scheme shall include details of any artificial lighting of the site and an artificial lighting impact assessment with predicted lighting levels at proposed and existing residential properties shall be undertaken (horizontal / vertical isolux contour light levels and calculated glare levels) . Artificial lighting on and off site shall meet the Obtrusive Light Limitations for Exterior Lighting Installations contained within the Institute of Lighting Professionals - Guidance Notes for the Reduction of Obtrusive Light - GN01:2011 (or as superseded). The artificial lighting scheme as approved shall be fully implemented before the use hereby permitted is commenced and shall be retained thereafter.

CHP boiler Prior to occupation/use of the development hereby permitted, details of CHP boilers to be installed in any building shall be submitted to, and approved in writing by the Local Planning Authority. Any gas-fired CHP must meet an emissions standard of: Spark ignition engine: less than 150 mgNOx/Nm3 Compression ignition engine: less than 40 mgNOx/Nm3 Gas turbine: less than 50 mgNOx/Nm3 The CHP boiler(s) shall be installed in accordance with the approved details before the first occupation of the development and shall thereafter be retained as such. Reason: To protect human health in accordance with policy 4/14 of the Cambridge Local Plan (2006).

Standard Informatives: DCNVI – demolition/construction noise/vibration informative PLNOIN – plant noise insulation informative DUSTCI – dust condition informative CONCRI – concrete crusher SUBSTI – substation informative SII – Site Investigation Informative RWI – Remediation Works Informative MCTI – Materials Chemical Testing Informative CONLGI – Contaminated Land Guide Informative HHSRS – housing informative

Bespoke informative: Furnace/boiler It is a requirement of the Clean Air Act 1993 that no furnace shall be installed in a

building or in any fixed boiler or industrial plant unless notice of the proposal to install

it has been given to the local authority. Details of any plant to be installed should be

provided using the Chimney Height Calculation form (available here:

https://www.cambridge.gov.uk/chimney-height-approval)

Background information/additional comments: Please contact the following officers for further guidance in connection with their relevant field: Contaminated Land - contact: Themis Kantara, Scientific Officer - 01223 457732 Air Quality - contact: Anita Lewis, Scientific Officer - 01223 457926 Housing Standards - contact: Michael Bailey, Environmental Health Officer -

01223 457798

Environmental Quality Construction/demolition pollution Pollution from the demolition and construction phases has the potential to affect the amenity of surrounding properties if not controlled. In the interests of amenity, I therefore recommend the standard construction/demolition/delivery noise/hours and dust conditions. Noise Red acoustics have submitted an environmental noise study dated 20th May 2016 (Rev C). I have split my comments into sections below.

Traffic It is required that living rooms achieve the BS8233:2014 standard of 35 dB LAeq

during the day. It is required that bedrooms achieve the standard of 35 dB LAeq

during the day and 30 dB LAeq at night. An increase of 5dB for internal noise levels specified within BS8233:2014 will be acceptable if the windows are open to provide comfort ventilation. Therefore the following levels will be considered acceptable:

40 dB LAeq bedrooms and livings rooms during day, windows open.

35 dB LAeq bedrooms at night, windows open.

Individual LAmax levels to be justified Figures 4.1 – 4.13 that were present in the previous Red Acoustic noise study dated 3rd December 2015 have been omitted from the 20th May 2016 study. This is disappointing as these figures were helpful in identifying the accommodation blocks and noise exposures. Section 6.0 advises on the double glazing standards to be installed. Figures B13 – B16 within the appendix advise which facades will be provided with specific glazing and ventilation. The drawings are not labelled with road or block names. It is assumed that the purple coloured façade within figure B13 is the Newmarket Road façade. I do not agree that the end of the block (coloured red and orange figure B13 & red figure B14) can be served with acoustic trickle vents. Acoustic trickle vents are highly unlikely to achieve an acceptable ventilation rate to aid in thermal comfort

control. This will likely result in occupants opening windows to achieve acceptable ventilation rates, exposing themselves to unacceptable noise levels. This requires a redesign of the ventilation requirements which should be an equivalent system to those highlighted in purple (figures B13 and B14). Where windows are required to be kept closed to achieve acceptable noise levels inside, a ventilation system is required to provide sufficient comfort ventilation to enable occupant’s adequate ventilation rates without the need to open windows due to external noise. During warmer weather the ventilation system needs to be able to cope with the need for increased ventilation. This necessitates an increase control for the occupier which may result in elevated noise levels. Acoustic treatment of the extract system needs to be taken into consideration in these cases. It is important to note this is not a request for air conditioning. It is a requirement to offer the option of alternative adequate ventilation with windows closed due to the local noise climate. An alternative to mechanical ventilation could be an acoustic passive system which provides sufficient air changes per hour, as discussed below. It is important to note that Part F requirements for ventilation are separate to the amenity requirements for comfort ventilation. Purge ventilation is generally used for the rapid removal of pollutants such as when painting or in the case of burning food and in many cases is achieved by opening windows. Purge cannot be solely relied upon for thermal comfort control in noisy environments as it would compromise the façade insulation. Ventilation strategy reports that have been assessed in previous planning applications to appease amenity requirements recommend 2 - 4 air changes per hour (ACH) to achieve comfort ventilation during warmer weather. A partially open window has been considered as achieving 2 ACH. The alternative ventilation system is required to achieve at least that of a partially open window. Full calculations will be required of the individual room volumes and how the proposed alternate ventilation system will achieve at least 2 air changes per hour. I recommend the ventilation condition.

Plant Page 14 of the noise study recommends design targets for plant. It is required that the rating level (in accordance with BS4142:2014) from all plant, equipment and vents etc (collectively) associated with this application should be less than or equal to the existing background level (L90) during the day and night, at the boundary of the premises subject to this application and having regard to noise sensitive premises. Page 14 of the noise study suggests the rating levels of the plant (stated below) should be predicted at 1m from the nearest noise sensitive façade. The noise levels are reasonable. However, as explained above, we require that the site boundary is taken as the measurement location (we only accept measurements at 1m from the façade of the noise sensitive premises at worst case where plant is located on the building roof and the site boundary is shielded by the roof edge).

Day (0700-2300hrs) = 45 LAeq,

Night (2300-0700hrs) = 30 LAeq The exact plant specifications to be installed will be required and calculations to ensure the site boundary limits above are complied with prior to occupation of the proposed development.

The Corner House PH

Section 3 of the noise study (pages 3-7) discusses the results of an assessment of live music from the Corner House pub. The conclusion that music breakout from the pub does not adversely affect the development is reasonable, based on the submitted data and comparisons.

Substation A new substation is proposed within the site. Electrical substations can produce very low frequency tonal humming which has the potential to cause noise disturbance to neighbouring properties. It is recommended that the noise from the plant should be less than or equal to the existing background level (L90) at the boundary of the premises subject to this application and having regard to noise sensitive premises This is to guard against any creeping background noise in the area and prevent potential noise disturbance to residential premises. This should include noise frequency spectra, predicted noise levels at the site boundary, regard of noise sensitive premises and attenuation details of any building or enclosure. Careful consideration of the low frequency element of the substation noise is strongly recommended. It is also recommended that the applicant caries out post installation testing of the components in order to satisfy the local planning authority that the emissions fall within required standards. Health implications concerning the electromagnetic fields are outside of our expertise and the applicant should take note of the recommended informative.

Noise conclusions I therefore suggest a noise compliance condition to ensure the recommendations concerning glazing specification are implemented as per the Red Acoustic recommendations. A plant condition (and associated informative) is recommended to provide information in accordance with the above plant and substation information. A ventilation condition is recommended due to concerns regarding the suggested mechanical systems to achieve the requirements of the noise, ventilation and air quality sections to ensure health and quality of life are protected.

Ventilation Calford Seaden have submitted a ventilation strategy dated 17th May 2016 (Rev 1). The extracted drawings from the Red Acoustic Ltd report have not been updated to include the revised Red Acoustic report and recommendations within the appendix B13 and B14 drawings. It is required that all rooms on the Newmarket Road façade (previously referred to as block A) and the ends of block A (East & West facades) are provided with an acceptable alternate ventilation system to open windows that achieves at least 2 air changes per hour. With regards to ventilation in developments in noisy traffic sources we have to draw from an array of standards, guidance and previous assessments for planning applications. There is no standalone document which provides an absolute standard for amenity and thermal comfort. Thermal comfort is subjective and occupants require the option of a satisfactory alternative ventilation system (in traffic noise affected environments) with levels of control to aid in regulating the individual’s thermal comfort. BS8233:2014 states within note 4 of section 7.7.2 “if relying on closed windows to meet the guide values (internal noise levels in table 4), there needs to be an appropriate alternative ventilation that does not compromise the façade insulation or resulting noise level”. This suggests that relying on an open window for summer/comfort ventilation would not be suitable as it would compromise the facade insulation. Hence the need for an alternative ventilation system which can achieve air changes comparable to an open window. Section 8.4.5.4 of BS8233:2014 states that windows may remain openable for rapid or purge ventilation or at the occupants choice. However, in noisy environments where to achieve internal noise levels the windows are relied upon to be kept closed (as stated above within note 4, section 7.7.2), a suitable alternative ventilation system to open windows needs to be available. Approved Document F (Building Regs 2010) states that “purge ventilation” aids in the removal of high concentrations of pollutants/water vapour (e.g painting/burnt food). It also states that “it may be used to improve thermal comfort”. Purge ventilation is considered to be 4 air changes per hour. Considering the average person opens a window in warm weather (in quieter areas and/or occupants choice) to increase ventilation and that an open window is also specified as the standard approach for purge (purge detailed as 4 air charges per hour), its sensible to assume that an open window will provide 4 air changes per hour (ACH), adequate for thermal comfort. A partially open window is considered to achieve approximately 2 ACH. Purge ventilation is generally used for short periods of time to dilute the aforementioned activities and should not be solely relied upon for thermal comfort control in noisy areas. Within sites subjected to noisy traffic sources, utilising an open window will not achieve the internal noise requirements of BS8233:2014 . Therefore the windows may remain closed if the user wants to protect themselves from noise. The occupants of all habitable rooms will require a suitable ventilation system which replaces the need to open the window and to achieve the ventilation rate that an

open window would. Previous assessments have achieved 2 - 4 ACH which have been acceptable. National Planning Policy Framework, Planning Practice Guidance on Noise states that factors which can influence whether noise could be a concern includes “whether adverse internal effects can be completely removed by closing windows and, in the case of new residential development, if the proposed mitigation relies on windows being kept closed most of the time. In both cases a suitable alternative means of ventilation is likely to be necessary. Further information on ventilation can be found in the Building Regulations.” It is also important to be aware of noise production from any installed mechanical ventilation. Sections 4.34 – 4.36 of Approved Document F discuss this. Artificial Light Artificial light associated with the development can have adverse impact on the amenity of the area. A full lighting prediction assessment will be required to protect amenity in accordance with the ILP guidance notes for the reduction of obtrusive light GN01:2011 including vertical illuminance light intrusion. I have recommended a bespoke lighting condition. Contaminated Land A Desk Study Report and an Interpretative Report, dated November 2015 and December 2015 respectively (produced by Nichols Colton), were submitted with the application documents.

Desktop Study The desktop study provided a comprehensive review of the former (and current) industrial uses on the site and the surrounding areas. These included, brick and tile works, gas works and more recently garages. Potentially contaminative uses noted during the site walkover included the presence of underground fuel tanks, a paraffin machine and solvent stores. Intrusive Investigation A preliminary intrusive investigation was undertaken and involved the completion of a series of deep and shallow boreholes. Ground gas monitoring standpipes were installed in boreholes across the site. The results of the intrusive investigation confirmed that the made ground is impacted by lead and hydrocarbon contamination. Groundwater is impacted by petroleum hydrocarbons and solvent contamination. Preliminary ground gas monitoring was undertaken and did not report significant concentrations of methane or carbon dioxide (up to 5.1% v/v for CO2). Way Forward Additional intrusive investigation should now be undertaken across the site following site clearance and target the area of the underground fuel tanks (following their excavation) and the central part of the site. Further ground gas monitoring is also required to adequately characterise ground gas conditions.

The findings of the investigations should be used to inform a comprehensive remediation strategy for the site. Based on the current findings we would expect a combination of mitigation measures to be implemented on the site and include, amongst other measures:

- Source reduction/removal

- Installation of vapour barrier beneath the dwellings

- Installation of capping layer in landscaped areas.

Conclusions The reports submitted so far have confirmed that the contamination issues on site are not prohibitive of the proposed scheme. Additional investigation should now be undertaken in order to extensively characterise the ground conditions. The issues can be addressed by the contaminated land conditions which should be attached to the planning application if permission for the development is granted. Air Quality The Air Quality Assessment for this proposed development (prepared by ACCON UK, A2540/CP/004, dated 10th May 2016) states that there are no predicted exceedences of any of the pollutants on the proposed development and therefore mitigation will not be required." This is in agreement with recent monitoring in the locality. However, there is a negative health impact at levels of particulate matter (PM10 and PM2.5) and nitrogen dioxide at levels below the National Air Quality Objectives, such that we advise that consideration should be given to the protection of health of the future residents and people working on the busy and frequently congested Newmarket Road. To a certain extent, the design of the building has considered this - there are no windows on the front lower ground floor Newmarket Road façade in the habitable rooms. There are no habitable rooms on the ground floor front façade, where the administrative and utility rooms are located. I recommend consideration of protection from noise and traffic fumes for the administrative block. System 4 type mechanical ventilation is proposed for the front façade. Purge ventilation using opening windows is required for System 4. Providing that the mechanical ventilation system proposed is adequate for the requirements of the building, occasional purge ventilation should be acceptable, if not ideal. Plans showing intake and extract details have not been provided; this can be covered by planning conditions. The Energy Strategy (prepared by Calfordseaden, G6/K150384, rev 01, December 2015) proposes the installation of a CHP system, although no details are provided; this can be covered by planning conditions. Housing Standards Amenity Provision The clusters are formed of either 4, 5 or 6 bedrooms served by a shared kitchen. There is little detail of the level of amenity provision given in the design & access statement or on the associated plans. Cambridge City Council Amenity Standards detailed below -

Kitchen facilities - 4 & 5 bedroom clusters Where shared kitchens are provided for use of up to 5 people, the following facilities are required -

A four ring gas or electric hob plus oven and grill (positioned so that the hobs are at worktop level).

A sink and integrated drainer with a tiled splash back and a constant supply of hot and cold running water for food preparation.

Adequate worktop with a minimum of 2000mm of linear useable worktop and the standard depth of generally 600mm. NOTE: Please ignore 300mm on each side of the cooker and any inaccessible corners as useable food preparation space.

A food storage unit of standard depth (300mm) and height (720mm) x 400mm width, or base unit (not a sink unit) of equivalent volume (0.08m3) for each person.

At least 4 double plug socket outlets in addition to those servicing major appliances. (e.g. microwave oven, refrigerator, washing machine etc)

Standard sized refrigerator providing sufficient space for the equivalent of approximately one shelf per occupier (approximate volume 155 litres/ 0.15m3) Note: a mini fridge is not acceptable to share.

A standard sized lidded bin. Kitchen Facilities - 6 Bedroom Cluster Where shared kitchens are provided for use for 6 people, the following facilities are required -

Two cookers each with a four ring gas or electric hob plus oven and grill or a single 4 ring hob with an oven and grill, plus a combination microwave oven (positioned so that the hobs are at worktop level.)

Two sinks with integrated drainers with a tiled splash back and a constant supply of hot and cold running water for food preparation, or a single sink and a dishwasher.

An extra 500mm of worktop per occupier to a maximum of 3000mm.

A food storage unit of standard depth (300mm) and height (720mm) x 400mm width, or base unit (not a sink unit) of equivalent volume (0.08m3) for each person.

At least 6 double plug socket outlets in addition to those servicing major appliances.

A large refrigerator or a standard sized fridge freezer.

A standard sized swing bin. No information is given regarding the kitchen provision for the studio developments. House in Multiple Occupation (HMO) Management The document submitted, Student Management Plan June 2016, states that – Part b. – Staffing and Management of the Development – that the office will be open from 09:00 – 20:00 Monday to Friday and will be open periodically on weekends. It goes on to state that there will be evening cover provided by Residential Assistance backed up by on call member of management.

Part d. – details that ‘Security will be available 24 hours a day 365 days a year’ – no further details Given the on-going problems with noise problems being experienced at a similar student complex which is sited in close proximity to residential, I would suggest that further detail about the operation and level of out of hours night and weekend cover provided by the Residential Assistance and security functions be submitted by the applicant. This detail should form part of a HMO Management Plan to be submitted by the applicant and approved by the Planning and Environmental Health Departments prior to consent being granted. The HMO Management Plan shall more particularly but not exclusively include:

1. Management arrangements for on-site security and CCTV provision. 2. Arrangements for daytime on-site management. 3. Arrangements for out of office hours and weekend management. 4. Details of the procedure of dealing with complaints of noise nuisance.

Waste strategy Environmental health no longer provide comments concerning waste/recycling. Please contact the waste team direct. Regards, Mr Ben Walther Environmental Protection Officer Environmental Quality & Growth Team

DISCHARGE OF CONDITION RESPONSE

Cross all that apply:

The condition can be discharged in full.

The condition can be discharged in part.

The condition cannot be discharged as the information is unacceptable.

It is not possible to comment on the proposed discharge of condition due to insufficient information being submitted and the information set out below will be required in order for comments to be provided.

Background information/additional comments: Condition 11 requests that: Prior to the commencement of the development hereby approved (including any pre-construction, demolition, enabling works or piling), the applicant shall submit a report in writing, regarding the demolition / construction noise and vibration impact associated with this development, for approval by the local authority. The report shall be in accordance with the provisions of BS 5228:2009 Code of Practice for noise and vibration control on construction and open sites and include full details of any piling and mitigation measures to be taken to protect local residents from noise and or vibration. Development shall be carried out in accordance with the approved details.

Responding Officer:

Ben Walther

Date: 22nd December 2016

Planning Ref No: 16/1030/COND11

M3 Ref No: WK/201639787

Description of Development:

WESTS, 217 Newmarket Road, Cambridge CB5 8HD

Condition 11 - demolition/construction noise &

vibration

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I witnessed demolition of the site during October 2016 due to complaints of noise and vibration from residents. Demolition was completed early November 2016. The condition required a demolition / construction noise and vibration impact assessment and mitigation strategy to be agreed prior to works commencing and therefore I cannot recommend discharge as the condition has not been complied with. I have discussed this with the planning officer and it will be a planning decision as to whether the condition can be discharged. I have been requested to comment on the construction phase noise and vibration assessment.

Construction noise

PDA have submitted an Assessment of Construction Noise and Vibration report dated 08th December 2016 (issue 2). PDA have recommended 70 dBA limit from BS5228-1 guidance within section E.2. 70 dBA is also the recommended noise threshold figure from the BS5228-1 ABC method when ambient noise levels are 65 dBA. The PDA highest noise levels calculated during site activities are during demolition which has already been completed. The attenuation afforded by the perimeter hoarding has been calculated to reduce noise levels during the remaining phases to be < 70 dB LAeq. The mitigation measures within section 6 of the PDA report are reasonable. It is likely that the ambient noise levels at properties located on the Northern site boundary are lower than 65 dBA and therefore the recommended 70 dBA may be more intrusive for these properties. This highlights the importance of a monitoring procedure to ensure the 70 dBA limit is being achieved. A monitoring procedure has not been discussed. Guidance on noise monitoring is given in 5228-1:2009+A1:2014 Section 8.4 – Noise Control Targets and in Annex G – noise monitoring. Full details of monitoring are required. Whist it may not be necessary to undertake continuous noise and vibration monitoring, agreement should be reached on when it will be undertaken. For example spot noise checks could be undertaken on a regular basis at site boundary locations closest to sensitive receptors. Longer term continuous monitoring of noise and vibration needs to be undertaken when:-

Agreed target levels are likely to exceeded Upon the receipt of substantiated complaints At the request of the Local Planning Authority / Environmental

Health following any justified complaints.

PLANNING CONSULTATION RESPONSE

Responding Officer:

Ben Walther

Date:

24th August 2016

Planning Ref No:

16/1386/DEMDET

M3 Ref No: WK/201635040

Description of Development:

Wests Garage, 217 Newmarket Road, Cambridge, CB5 8HD Prior notification of the demolition of existing showroom and associated workshops as shown on plan M1716 - Ext - 03.

Cross one:

The development proposed is acceptable subject to the imposition of the condition(s) outlined below.

The development proposed is unacceptable and should be refused for the reason(s) set out below. It is not possible to comment on the proposed development and the additional information set out below will be required in order to provide comments.

Refusal justification It is my understanding that guidance relating to schedule 2, part 11 of the Town and Country Planning (General Permitted Development) (England) Order 2015 advises that Prior Notification of Proposed demolition is not permitted on land which is the subject of planning permission for its redevelopment, granted on application, or deemed to be granted, under Part III of the Act. The proposed application site has permission for demolition and redevelopment under approved planning permission 14/1154/FUL. It is therefore my opinion that the pre commencement conditions and the requirements of the approval need to be submitted for discharge prior to commencement of works. If the applicant does not want to implement this permission, then the pending application and/or future applications should be implemented (if granted permission) and prior commencement conditions for demolition applied for discharge accordingly. The site is in close proximity to residential and other noise sensitive properties. Demolition has the potential to harm amenity, especially due to the scale of demolition on the application site. For previous planning applications for the site, I have always requested a full BS5228:2009 construction/demolition noise/vibration

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assessment prior to works commencing to predict the impact of works on the locality and to provide mitigation measures. Condition 8 of permission 14/1154/FUL requests a construction/demolition assessment as previously mentioned. The Mick George Method Statement advises the exiting tanks, ground slab and foundations are to be removed as part of this application. This is unacceptable due to outstanding contaminated land concerns.

Comments Noise and vibration A Mick George demolition plan and method statement dated 5th July 2016 has been submitted. The guidance and advice concerning noise and vibration is generic and unacceptable. A noise and vibration assessment has not been submitted in accordance with BS5228:2009. This is required to ensure amenity is protected. Below are details of what would be required within a demolition/construction assessment: The noise and vibration report should include: a) An assessment of the significance of the noise impact due to the

demolition/construction works and suitable methods for this are to be found in 5228-1:2009+A1:2014 Annex E – Significance of noise effects. It is recommended that the ABC method detailed in E.3.2 be used or the 2-5 dB (A) change method in E.3.3.

b) An assessment of the significance of the vibration impact due to the demolition/construction works and suitable methods for this are to be found in BS 5228-2:2009+A1:2014 Annex B – Significance of vibration effects

Vibration levels within nearby properties are not to exceed 0.3mm s-1 in accordance with BS 5228-2:2009+A1:2014. Predicted vibration levels at nearby properties are required. Complaints of vibration will require vibration monitoring within the complainant’s property in order to investigate and mitigate if required.

Monitoring, recording protocols

Guidance on noise monitoring is given in 5228-1:2009+A1:2014 Section 8.4 – Noise Control Targets and in Annex G – noise monitoring. Full details of monitoring are required. Whilst it may not be necessary to undertake continuous noise and vibration monitoring, agreement should be reached on when it will be undertaken. For example spot noise checks could be undertaken on a regular basis at site boundary locations closest to sensitive receptors. Longer term continuous monitoring of noise and vibration needs to be undertaken when:-

Agreed target levels are likely to exceeded Upon the receipt of substantiated complaints At the request of the Local Planning Authority / Environmental Health

following any justified complaints.

Ideally, contact details for monitoring personnel, site manager including out of hours emergency telephone numbers should be provided when available. Consideration should be given to further measures, including communication such as giving notice to building owners/occupiers when noisiest operations are to be expected and implementation of a complaints procedure for example. Dust Dust mitigation appears reasonable within the Mick George demolition plan and method statement, however monitoring has not been discussed. A commitment to undertake dust monitoring is required. Whilst it may not be necessary to undertake continuous dust monitoring, agreement should be reached on when it will be undertaken. For example spot checks could be undertaken on a regular basis at site boundary locations closet to sensitive receptors. Longer term continuous monitoring of dust may need to be undertaken when:-

Agreed target levels are likely to exceeded

Upon the receipt of substantiated complaints

At the request of the Local Planning Authority / Environmental Health following any justified complaints.

Guidance on dust monitoring is given in the document ‘Guidance on Air Quality Monitoring in the Vicinity of Demolition and Construction Sites (IAQM, 2014)’. Contaminated land There are serious concerns regarding contamination on the site and my colleague Themis Kantara has provided previous comments regarding contaminated land in relation to previous planning applications and recently with the applicant’s consultant. There should be no remediation or below ground earth movement, demolition or removal works or similar as part of this application. The Mick George demolition plan and method statement advises the existing tanks will be removed as well as exiting foundations and slabs. It is imperative that these works do not occur as part of the prior approval process and full details and agreement with Themis Kanara (01223 457732) concerning the contaminated land issues as conditioned under 14//1154/FUL is required. Regards, Mr Ben Walther Senior Environmental Protection Officer Environmental Quality & Growth Team

Consultee Comments for Planning Application

16/1030/COND11

Application Summary

Application Number: 16/1030/COND11

Address: Wests Garage 217 Newmarket Road Cambridge Cambridgeshire CB5 8HD

Proposal: Condition 11

Case Officer: Sav Patel

Consultee Details

Name: Mr Ben Walther

Address: Mandela House, Cambridge CB1 0JH

Email: ben.walther@cambridge.gov.uk

On Behalf Of: Environmental Health

Comments

I have been re-consulted regarding condition 11. However, additional information has not been

provided since my memo comments dated 22nd December 2016 and therefore the memo

comments are still pertinent.

Regards,

Mr Ben Walther

Senior Environmental Protection Officer

Environmental Quality & Growth Team

PLANNING CONSULTATION RESPONSE

Responding Officer:

Ben Walther

Date: 5th July 2016

Planning Ref No: 16/1088/S73

M3 Ref No: WK/201632737

Description of Development:

West Garage, 217 Newmarket Road, Cambridge CB5 8HD

Section 73 application to vary condition 2 (approved plans) of permission 14/1154/FUL, allowed under appeal APP/Q0505/W/15/3137454, to permit a minor material amendment to the approved scheme to include the reconfiguration of the internal layout to create 7 additional study bedrooms (209 study bedrooms in total), reduction in the buildings footprint and cluster sizes, alterations to the substation enclosure and cycle parking arrangement, together with minor external alterations

Cross one:

The development proposed is acceptable subject to the imposition of the condition(s)/informative(s) outlined below.

The development proposed is unacceptable and should be refused for the reason(s) set out below. It is not possible to comment on the proposed development and the additional information set out below will be required in order to provide comments.

See concerns regarding and the need for House in Multiple Occupation (HMO) / Student Management Plan and a request for additional prior to consent being granted. The following comments and conditions are likely to be recommended if the HMO management concerns can be adequately addressed.

List of required conditions/Informatives:

Standard conditions: CC63 – construction hours EH1 – collection during construction CDNVP – construction/demolition noise/vibration & piling DUST – dust condition CONT1 – CONT6 (all six) – contaminated land

X

Bespoke Conditions: Plant noise insulation Before the development/use hereby permitted is occupied, a scheme for the insulation of the plant in order to minimise the level of noise emanating from the plant shall be submitted to and approved in writing by the local planning authority and the scheme as approved shall be fully implemented before the use hereby permitted is commenced and retained thereafter. Noise insulation Prior to the commencement of development/construction, a noise insulation scheme detailing the acoustic noise insulation performance specification of the external building envelope of the residential units (having regard to the building fabric, glazing and ventilation) to reduce the level of noise experienced in the residential units as a result of the proximity of the habitable rooms to the high ambient noise levels in the area be submitted to and approved in writing by the local planning authority. The scheme shall achieve internal noise levels recommended in British Standard 8233:2014 “Guidance on sound insulation and noise reduction for buildings”. The scheme as approved shall be fully implemented and a completion report submitted prior to the occupation of the residential or other noise sensitive development. The approved scheme shall remain unaltered in accordance with the approved details. Ventilation Prior to the commencement of development/construction, details of an alternate ventilation scheme to open windows for the student accommodation shall be submitted to and approved in writing by the local planning authority. The ventilation scheme shall source air from the rear of the development away from the road. The ventilation scheme shall achieve at least 2 air changes per hour. The scheme shall be installed before the use hereby permitted is commenced and shall not be altered. Reason: To protect human health in accordance with policy 4/13 and 4/14 of the Cambridge Local Plan (2006). Artificial Lighting Prior to the installation of any lighting an external artificial lighting assessment and scheme shall be submitted to and approved in writing by the local planning authority. The scheme shall include details of any artificial lighting of the site and an artificial lighting impact assessment with predicted lighting levels at proposed and existing residential properties shall be undertaken (horizontal / vertical isolux contour light levels and calculated glare levels) . Artificial lighting on and off site shall meet the Obtrusive Light Limitations for Exterior Lighting Installations contained within the Institute of Lighting Professionals - Guidance Notes for the Reduction of Obtrusive Light - GN01:2011 (or as superseded). The artificial lighting scheme as approved shall be fully implemented before the use hereby permitted is commenced and shall be retained thereafter.

CHP boiler Prior to occupation/use of the development hereby permitted, details of CHP boilers to be installed in any building shall be submitted to, and approved in writing by the Local Planning Authority. Any gas-fired CHP must meet an emissions standard of: Spark ignition engine: less than 150 mgNOx/Nm3 Compression ignition engine: less than 40 mgNOx/Nm3 Gas turbine: less than 50 mgNOx/Nm3 The CHP boiler(s) shall be installed in accordance with the approved details before the first occupation of the development and shall thereafter be retained as such. Reason: To protect human health in accordance with policy 4/14 of the Cambridge Local Plan (2006).

Standard Informatives: DCNVI – demolition/construction noise/vibration informative PLNOIN – plant noise insulation informative DUSTCI – dust condition informative CONCRI – concrete crusher SUBSTI – substation informative SII – Site Investigation Informative RWI – Remediation Works Informative MCTI – Materials Chemical Testing Informative CONLGI – Contaminated Land Guide Informative HHSRS – housing informative

Bespoke informatives: Furnace/boiler It is a requirement of the Clean Air Act 1993 that no furnace shall be installed in a

building or in any fixed boiler or industrial plant unless notice of the proposal to install

it has been given to the local authority. Details of any plant to be installed should be

provided using the Chimney Height Calculation form (available here:

https://www.cambridge.gov.uk/chimney-height-approval)

Background information/additional comments: Please contact the following officers for further guidance in connection with their relevant field: Contaminated Land - contact: Themis Kantara, Scientific Officer - 01223 457732 Air Quality - contact: Anita Lewis, Scientific Officer - 01223 457926 Housing Standards - contact: Michael Bailey, Environmental Health Officer -

01223 457798

Environmental Quality I reiterate my conditions from my memos concerning application 14/1154/FUL, including reworded conditions for clarity and consistency with recent applications on site (15/2315/FUL & 16/1030/FUL). No new information has been presented with regards to the previously submitted environmental reports for application 14/1154/FUL. Noise and air quality reports have recently been submitted within applications 15/2315/FUL and 16/1030/FUL. However I have assumed this application makes no reference to these and therefore previous comments within my memo dated 18th August 2014 have been referred to. Substation Noise from the substation will require assessment under the recommended plant condition. Please note the substation health implications informative. Waste strategy Environmental health no longer comment on waste and recycling matters. Please contact the waste strategy team direct. Contaminated Land As per application 14/1154/FUL comments, memo dated 18th August 2014. Air Quality As per application 14/1154/FUL comments, memo dated 18th August 2014 Housing Standards Amenity Provision The clusters are formed of either 4, 5 or 6 bedrooms served by a shared kitchen. There is little detail of the level of amenity provision given in the design & access statement or on the associated plans. Cambridge City Council Amenity Standards detailed below - Kitchen facilities - 4 & 5 bedroom clusters

Where shared kitchens are provided for use of up to 5 people, the following facilities are required -

A four ring gas or electric hob plus oven and grill (positioned so that the hobs are at worktop level).

A sink and integrated drainer with a tiled splash back and a constant supply of hot and cold running water for food preparation.

Adequate worktop with a minimum of 2000mm of linear useable worktop and the standard depth of generally 600mm. NOTE: Please ignore 300mm on each side of the cooker and any inaccessible corners as useable food preparation space.

A food storage unit of standard depth (300mm) and height (720mm) x 400mm width, or base unit (not a sink unit) of equivalent volume (0.08m3) for each person.

At least 4 double plug socket outlets in addition to those servicing major appliances. (e.g. microwave oven, refrigerator, washing machine etc)

Standard sized refrigerator providing sufficient space for the equivalent of approximately one shelf per occupier (approximate volume 155 litres/ 0.15m3) Note: a mini fridge is not acceptable to share.

A standard sized lidded bin. Kitchen Facilities - 6 Bedroom Cluster Where shared kitchens are provided for use for 6 people, the following facilities are required -

Two cookers each with a four ring gas or electric hob plus oven and grill or a single 4 ring hob with an oven and grill, plus a combination microwave oven (positioned so that the hobs are at worktop level.)

Two sinks with integrated drainers with a tiled splash back and a constant supply of hot and cold running water for food preparation, or a single sink and a dishwasher.

An extra 500mm of worktop per occupier to a maximum of 3000mm.

A food storage unit of standard depth (300mm) and height (720mm) x 400mm width, or base unit (not a sink unit) of equivalent volume (0.08m3) for each person.

At least 6 double plug socket outlets in addition to those servicing major appliances.

A large refrigerator or a standard sized fridge freezer.

A standard sized swing bin. No information is given regarding the kitchen provision for the studio developments. House in Multiple Occupation (HMO) Management The document submitted previously, (no further document has been received) Student Management Plan December 2015 states that – Part b. – Staffing and Management of the Development – that the office will be open from 09:00 – 20:00 Monday to Friday and will be open periodically on weekends. It goes on to state that there will be evening cover provided by Residential Assistance backed up by on call member of management.

Part f. – details that ‘Security will be available 24 hours a day 365 days a year’ and that ‘Staff and Security will monitor excessive noise’. Given the on-going problems with noise problems being experienced at a similar student complex which is sited in close proximity to residential, I would suggest that further detail about the operation and level of out of hours night and weekend cover provided by the Residential Assistance and security functions be submitted by the applicant. This detail should form part of a HMO Management Plan to be submitted by the applicant and approved by the Planning and Environmental Health Departments prior to consent being granted. Regards, Mr Ben Walther Senior Environmental Protection Officer Environmental Quality & Growth Team

COMPLAINT INVESTIGATION SHEET Reference number EN/0203/16 Date Received 12th August 2016 Officer John Shuttlewood Site/Location Wests Garage, 217 Newmarket Road, Cambridge,

Cambridgeshire, CB5 8HD Enquiry/Complaint Details Alleged demolition works started on site prior to approval of Prior Notification 16/1386/DEMDET FINDINGS Telephone Conversation - 05/08/2016 Spoke to agent personal information redacted via telephone for information. It appears that Building Control and Highways approval was submitted and granted and did not consider planning regulations. Prior Notification app under S31 of GPDO submitted on 2.8.16 to see if pp was required for the demolition works at the site. 28 days to decide. However developer wants to get on with the job and has started internal soft stripping works. E-mail Received - 05/08/2016 Email received by Planning Officer from Environmental Health Officer and passed onto Planning Enforcement Officers for Information. Email has attached email from developers stating that demolition works have commenced, but DEMDET or discharge of conditions of approved schemes yet to be approved. Site Visit - 10/08/2016 Site visit 12:20-12:45. I Met personal information redacted (site manager) of Mick George UK who are the demolition contractors for the site on behalf of the developers Threesixtydevelopments. Photos taken of the site showing that all internal striping has now been completed save for asbestos material within the internal ceilings. External works starting with removal of roof tiles to main building to start 11.8.16. personal information redacted states that works on site will take place in the following order - main building, then front showrooms, then removal of tanks with soil excavation and archaeological workings. I also noted that S.81 of BC has been received along with permission from Highways. I advised that works constituting demolition prior to approval of Prior Notification application would constitute as a breach of planning control and that a Temp Stop Notice would likely be served. Advised that I would discuss next day with managers and contact personal information redacted the next day. Telephone Conversation - 11/08/2016

Telephone conversations with personal information redacted, On Site project manager for contractors Mick George UK and personal information redacted, Senior Development Manager of developers Threesixty Developments Ltd. Told that works to remove roof tiles had now started. Instructed to cease works immediately and remove themselves from the site and to await the prior notification decision. Case Review - 11/08/2016 Case review with Principal Planning Officers. Advised that internal soft stripping and also removal of external roof tiles would not constitute demolition, but removal of actual structural elements such as beams would constitute demolition works. E-mail Sent - 11/08/2016 Email sent to both onsite contractors and developers. Main body of email below; Following a site visit by myself yesterday and subsequent discussion, the council consider that internal works consisting of 'soft striping' have now been completed and that any further works on site would constitute as demolition works. Therefore the council states that the following must now occur at the site premises; 1. Works are to cease immediately at the site and the site to be cleared of contractors working on the site and the site to be made safe and secure. 2. Any works constituting as demolition and/or external works are not to take place at the site premises until the Prior Notification application ref: 16/1386/DEMDET has been considered and approved with any conditions placed subsequently discharged. Failure to carry out these instructions will likely to result not only in formal enforcement action, but also will lead to the invalidation of the Prior Notification application, which will lead to further delays in carrying out the scheme at the site. If you have any questions regarding this matter, please contact me. E-mail Received - 08/12/2016 Email received from local residents to Planning Officer about working on site for demolition has resulted in damage to neighbours property in the form of cracks. Telephone Conversation - 19/12/2016 Call by Planning Officer to personal information redacted, who states that works taken place to date are all to do with demolition. The tanks have been removed from the site as I understand that the developers were in contact with Themis throughout. However agents state that more work is required as there is a claim that neighbouring properties have been damaged due to vibrations from the demolition works. Therefore there will be enabling works to repair this, so future works can take place. Planning Officer advised that these be included in further details to be submitted.

Site Visit - 19/12/2016 Site visit @ 1030 hours, no workmen on site only security guard. Since the last visit and contrary to the advice given by planning officer, all structures on site have been demolished. In addition, four large holes approx.6-8 feet deep have appeared. These may represent the underground tanks on site that had to be moved. A series of 24 photos have been taken and put in file. E-mail Sent - 19/12/2016 Email sent from planning officer to agent personal information redacted advising against further works to the premises without the discharge of c.4, 17, 29, 30 which are pre-commencement conditions of permission. It may be the same that the works that have taken place to date on site are covered by the Prior Notification of Demolition. However, any further works I feel would now be part of the construction process and fall within the planning permission to develop. Date Summary Printed: 2 July 2018

Consideration should be given to further measures, including communication such as giving notice to building owners/occupiers when noisiest operations, such as piling, are to be expected and implementation of a complaints procedure, for example. Insufficient information

Vibration

Vibration levels within nearby properties are not to exceed 0.3mm s-1 in accordance with BS 5228-2:2009+A1:2014. Complaints of vibration will require vibration monitoring within the complainant’s property in order to investigate and mitigate if required. This requires confirmation. Insufficient information Watkins Jones Group have submitted a document concerning piling. The two conditions stated within the document reference two conditions outside of Environmental Health’s expertise/remit (13 & 16). Regards, Mr Ben Walther Senior Environmental Protection Officer Environmental Quality & Growth Team