Agenda item

Redevelopment in the form of new industrial / warehousing units (Use Class B1(C), B2 and B8) together with relocated electricity substation.

 

RECOMMENDATION: grant permission subject to conditions and subject to a s106 Legal Agreement

 

The Committee considered a report on the application to grant planning permission for the redevelopment of the site in the form of new industrial/warehousing units (Use Class B1(C), B2 and B8) together with relocated electricity substation. The report set out details of the proposal, the site and surroundings, planning history, relevant planning policy, consultation and responses, analysis, equalities and human rights implications and recommended to grant permission subject to conditions and subject to a s106 Legal Agreement.

 

The planning officer gave a short presentation highlighting the key aspects of the report. The attention of the Committee was drawn to a tabled addendum setting out a number of amendments to conditions and informatives and a further clarification with regard to the reference to carbon reduction targets within the officer report.

 

The Committee expressed concern over non compliance of the scheme with the 40% London Plan target for carbon emissions reduction. Officers clarified that the scheme’s projected 35.62% carbon reduction level met the 35% reduction target under the 2013 Building Regulations and which was equivalent to the 40% target under the 2010 Building Regulations. As such, the scheme was considered London Plan compliant in this regard, a position supported by the Council’s Head of Carbon Management.

 

The Committee sought further clarification regarding onsite parking provision, particularly on the basis that the planned loss of 18 parking spaces was at odds with the forecast significant increase in the number of jobs to be created onsite. Officers advised that the scheme was compliant with the Council’s car parking standards which reflected the London Plan and which only permitted provision to be assessed on the basis of floor area.

 

The Chair moved the recommendation of the report and it was

 

RESOLVED

·         That planning application HGY/2016/3489 be approved and that the Head of Development Management be authorised to issue the planning permission and impose conditions and informatives subject to the signing of a s106 Legal Agreement providing for the obligation set out in the Heads of Terms.

 

·         That the s106 Legal Agreement referred to above is completed no later than 31 January 2017 or within such extended time as the Head of Development Management or the Assistant Director Planning shall in her/his sole discretion allow; and

 

·         That, following completion of the agreement referred to above within the time period provided, planning permission be granted in accordance with the Planning Application subject to the attachment of the conditions.

 

·         That delegated authority be granted to the Head of Development Management or Assistant Director Planning to make any alterations, additions or deletions to the recommended heads of terms and/or recommended conditions as set out in the officer report and to further delegate this power provided this authority shall be exercised in consultation with the Chairman (or in their absence the Vice-Chairman) of the Sub-Committee.

 

Subject to the following condition(s)

 

1.    The development hereby authorised must be begun not later than the expiration of 3 years from the date of this permission, failing which the permission shall be of no effect.

Reason: This condition is imposed by virtue of the provisions of s91 Town and Country Planning Act 1990 and to prevent the accumulation of unimplemented planning permissions.

 

2.    The approved plans comprise drawing nos. (400A, 401A, 402A, 403B, 404C, 405C, 406B, 407B, 408A, 409A, 410A, 411D, 412B, 413A, 414A, 0102.01A, 0102.01A & 0102.01D). The development shall be completed in accordance with the approved plans except where conditions attached to this planning permission indicate otherwise or where alternative details have been subsequently approved following an application for a non-material amendment.

Reason: In order to ensure the development is carried out in accordance with the approved details and in the interests of amenity.

 

3.    Notwithstanding the description of the materials in the application, no development shall take place until precise details of the materials to be used in connection with the development hereby permitted be submitted to, approved in writing by and implemented in accordance with the requirements of the Local Planning Authority and retained as such in perpetuity.

Reason: In order for the Local Planning Authority to retain control over the exact materials to be used for the proposed development and to assess the suitability of the samples submitted in the interests of visual amenity.

 

4.    No development shall take place until full details of both hard and soft landscape works have been submitted to, and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include: proposed finished levels or contours; means of boundary fencing / railings; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained historic landscape features and proposals for restoration, where relevant.

Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme). The soft landscaping scheme shall include detailed drawings of:

a.    those existing trees to be retained.

b.    those existing trees to be removed.

c.    those existing trees which will require thinning, pruning, pollarding or lopping as a result of this consent. All such work to be approved in writing by the Local Planning Authority.

d.    Those new trees and shrubs to be planted together with a schedule of species shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of the development.

 

Such an approved scheme of planting, seeding or turfing comprised in the approved details of landscaping shall be carried out and implemented in strict accordance with the approved details in the first planting and seeding season following the occupation of the building or the completion of development (whichever is sooner). Any trees or plants, either existing or proposed, which, within a period of five years from the completion of the development die, are removed, become damaged or diseased shall be replaced in the next planting season with a similar size and species. The landscaping scheme, once implemented, is to be retained thereafter.

Reason: In order for the Local Planning Authority to assess the acceptability of any landscaping scheme in relation to the site itself, thereby ensuring a satisfactory setting for the proposed development in the interests of the visual amenity of the area

 

5. No development shall take place until details of the type and location of secure and covered cycle parking facilities have been submitted to and approved in writing by the Local Planning Authority. Details of cycle parking should be provided in line London Cycle Design standard recommendations for work place cycle parking. The development shall be carried out in accordance with the approved details and retained as such in perpetuity.

Reason: To ensure that the cycle parking facility proposed are fit for purpose and are provided in line with the London Cycle Design Standard.

 

6. No development shall take place until location details of the Electric Vehicle Charging Points (ECVPs) have been submitted to, and approved in writing by the Local Planning Authority. Details of ECVPs should be provided in line London Plan standard recommendations. The development shall be carried out in accordance with the approved details and retained as such in perpetuity.

Reason: To promote a sustainable mode of travel and in line with the London Plan standards.

 

7. 6 weeks (six weeks) prior to construction works commencing on site of the development hereby permitted a Construction Management Plan (CMP) and Construction Logistics Plan (CLP) shall be submitted to, and approved in writing by the Local Planning Authority.  The Plans should provide details on how construction work (inc. demolition) would be undertaken in a manner that disruption to traffic and pedestrians circulating within the industrial estate and on Leeside Road, Watermead Way and the roads surrounding the site is minimised. It is also requested that construction vehicle movements should be carefully planned and coordinated to avoid the AM and PM peak periods. The development shall be carried out in accordance with the approved details.

Reason: To reduce congestion and mitigate any obstruction to the flow of traffic on the transportation network.

 

8. Prior to the first occupation of the development hereby permitted, a Delivery and Service Plan (DSP) shall be submitted to, and approved in writing by the Local Planning Authority. Details shall include servicing of the commercial units. The development shall be carried out in accordance with the approval details.

Reason: To reduce congestion and mitigate any obstruction to the flow of traffic on the transportation

 

9. No development shall commence until the information from the Phase 1 Desktop Study and Phase IIb Site Investigation has been submitted to, and approved in writing by the Local Planning Authority. Details shall include a Method Statement detailing the remediation requirements and also any post remedial monitoring prior to that remediation being carried out on site.

Reason: To ensure the development can be implemented and occupied with adequate regard for environmental and public safety.

 

10. Prior to occupation of the development hereby approved where remediation of contamination on the site is required completion of the remediation detailed in the method statement shall be carried out and a report that provides verification that the required works have been carried out, shall be submitted to, and approved in writing by the Local Planning Authority.

Reason: To ensure the development can be implemented and occupied with adequate regard for environmental and public safety.

 

11. No works shall be carried out on the site until a detailed report, including Risk Assessment, detailing management of demolition and construction dust has been submitted to, and approved in writing by the Local Planning Authority.  This shall be with reference to the London Code of Construction Practice. In addition either the site or the Demolition Company must be registered with the Considerate Constructors Scheme.  Proof of registration must be sent to the LPA prior to any works being carried out on the site. The development shall be carried out in accordance with the approved report.

Reason:  To protect Groundwater.

 

12. Prior to each phase of development approved by this planning permission no development (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

1) A preliminary risk assessment which has identified:

·         all previous uses,

·         potential contaminants associated with those uses,

·         a conceptual model of the site indicating sources, pathways and receptors,

·         potentially unacceptable risks arising from contamination at the site.

2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Any changes to these components require the express written consent of the Local Planning Authority. The scheme shall be implemented as approved.

Reason:  To protect Groundwater.

 

13. No occupation of each phase of development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

Reason: The verification report should be undertaken in accordance with our guidance Verification of Remediation of Land Contamination http://publications.environment-agency.gov.uk/pdf/SCHO0210BRXF-e-e.pdf

 

14. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

Reason: No site investigation fully characterises a site. Not all of the site area was accessible during the investigations to date.

 

15. No infiltration of surface water drainage into the ground at this site is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approved details.

Reason: Infiltrations SUDs/ soakaways through contaminated soils are unacceptable as contaminants can remobilise and cause groundwater pollution.

 

16. Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason: Some piling techniques can cause preferential pathways for contaminants to migrate to groundwater and cause pollution.

 

17. No development shall take place until a detailed design and associated management and maintenance plan of surface water drainage for the site using sustainable drainage methods for the lifetime of the development has been submitted to, and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved detailed design prior to the use of the building commencing.

 

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal.

 

18. a) 6 months post completion of the development hereby approved a post construction certificate or evidence issued by an independent certification body, confirming a rating of BREEAM "very good” standard has been achieved shall be submitted to, and approved in writing by the Local Planning  Authority.

The development shall then be constructed in strict accordance of the details so approved, and shall achieve the agreed rating of BREEAM "very good" under BREEAM UK (New construction) 2014 version, and shall be maintained as such thereafter. 

b) In the event that the development fails to achieve the agreed rating for the development, a full schedule and costing of remedial works required to achieve this rating shall be submitted to the Local Planning Authority for our written approval with 2 months of the submission of the post construction certificate. Thereafter the schedule of remedial works must be implemented on site within 3 months of the Local Planning Authority's approval of the schedule, or the full costs and management fees given to the Council for offsite remedial actions.

Reasons:  In the interest of addressing climate change and to secure sustainable development

 

19.         Prior to the commencement of the development hereby permitted, details of the measures to be incorporated into the development demonstrating how the principles and practices of the ‘Secured by Design’ scheme have been included shall be submitted to, and approved in writing by the Local Planning Authority.  Once approved in writing by the Local Planning Authority in consultation with the Metropolitan Police Designing Out Crime Officers, the development shall be carried out in accordance with the agreed details.

Reason: In the interest of creating safer, sustainable communities.

 

Informatives:

 

INFORMATIVE :  In dealing with this application, Haringey Council has implemented the requirements of the National Planning Policy Framework and of the Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012 to foster the delivery of sustainable development in a positive and proactive manner.

 

INFORMATIVE: In aiming to satisfy Condition 20 the applicant should seek the advice of the Police Designing Out Crime Officers (DOCOs). The services of the Police DOCOs are available free of charge and can be contacted via docomailbox.ne@met.police.uk or 0208 217 3813. It is the policy of the local planning authority to consult with the DOCOs in the discharging of community safety condition(s).

 

INFORMATIVE: Prior to demolition of existing buildings, an asbestos survey should be carried out to identify the location and type of asbestos containing materials.  Any asbestos containing materials must be removed and disposed of in accordance with the correct procedure prior to any demolition or construction works carried out.

 

INFORMATIVE: 1) Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/297401/scho0804bibr-e-e.pdf

 

2) Refer to the Environment Agency Guiding Principles for Land Contamination for the type of information that we require in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, such as human health. https://www.gov.uk/government/publications/managing-and-reducing-land-contamination

 

3) Refer to our website at www.environment-agency.gov.uk for more information.

 

4) The Environment Agency expects the site investigations to be carried out in accordance with best practice guidance for site investigations on land affected by land contamination. E.g. British Standards when investigating potentially contaminated sites and groundwater, and references with these documents:

 

·         BS 5930: 1999 A2:2010 Code of practice for site investigations;

·         BS 10175:2011 Code of practice for investigation of potentially contaminated sites;

·         BS ISO 5667-22:2010 Water quality. Sampling. Guidance on the design and installation of groundwater monitoring points;

·         BS ISO 5667-11:2009 Water quality. Sampling. Guidance on sampling of groundwaters (A minimum of 3 groundwater monitoring boreholes are required to establish the groundwater levels, flow patterns and groundwater quality.)

·         Use MCERTS accredited methods for testing contaminated soils at the site.

 

A Detailed Quantitative Risk Assessment (DQRA) for controlled waters using the results of the site investigations with consideration of the hydrogeology of the site and the degree of any existing groundwater and surface water pollution should be carried out.

 

In the absence of any applicable on-site data, a range of values should be used to calculate the sensitivity of the input parameter on the outcome of the risk assessment.

 

GP3 version 1.1 August 2013 provided further guidance on setting compliance points in DQRAs.

 

Where groundwater has been impacted by contamination on site, the default compliance point for both Principal and Secondary aquifers is 50m.

 

Following the DQRA, a Remediation Options Appraisal to determine the Remediation Strategy in accordance with CRL11.

 

The verification plan should include proposals for a groundwater-monitoring programme to encompass regular monitoring for a period before, during and after ground works.

 

E.g. monthly monitoring before, during and for at least the first quarter after completion of ground works, and then quarterly for the remaining 9-month period.

 

INFORMATIVE :  Hours of Construction Work: The applicant is advised that under the Control of Pollution Act 1974, construction work which will be audible at the site boundary will be restricted to the following hours:-

- 8.00am - 6.00pm    Monday to Friday

- 8.00am - 1.00pm    Saturday

- and not at all on Sundays and Bank Holidays.

 

INFORMATIVE:  The new development will require numbering. The applicant should contact the Local Land Charges at least six weeks before the development is occupied (tel. 020 8489 5573) to arrange for the allocation of a suitable address.

 

INFORMATIVE: The London Fire Brigade strongly recommends that sprinklers are considered for new developments and major alterations to existing premises, particularly where the proposals relate to schools and care homes. Sprinkler systems installed in buildings can significantly reduce the damage caused by fire and the consequential cost to businesses and housing providers, and can reduce the risk to life. The Brigade opinion is that there are opportunities for developers and building owners to install sprinkler systems in order to save money, save property and protect the lives of occupier.