Agenda item

Residential redevelopment of playground site adjoining Stainby Road to propose 22 residential dwellings with associated landscaping, boundary treatment, bin store, cycle store and 2 car parking spaces for wheelchair users.

RECOMMENDATION: Grant permission subject to conditions and subject to a section 106 legal agreement.

The Committee considered a report, previously circulated, which gave details of the application, the site and its environment, planning history, consultation and relevant planning policies and factors. The Planning Officer gave a presentation outlining key issues, and responded to questions from the Committee.

 

The Committee asked who the users of the current play area were, in response to which officers advised that the equipment provided was for children aged five and under, but that the space itself was open for anyone to use. Officers advised that, at present, the space was rarely used. In response to questions from the Committee regarding the proposal to change the road from one-way to two-way traffic and the relocation of the play area, officers advised that the proposed location for the play area was better as it was more secure and more enclosed and it was hoped that this would lead to it being more used. It was reported that the introduction of two-way traffic was unlikely to change the overall volume of traffic but might reduce the average speed on the road, which would be beneficial. The Committee asked whether there would be a time when the old play area had been removed and the new area was not yet completed, in response to which it was reported there may be some gap in provision of play facilities on the site. Sandra Lawrence, Housing, advised that it could take 6 months from the granting of the application for new facilities to be in place; consultation with local residents regarding what they wanted in respect of play facilities was ongoing.

 

Two local residents, Ms Benson and Mr Barnes spoke in objection to the application. Ms Benson told the Committee that residents had not had a sufficient opportunity to engage with the development forum, as they had been told about it at short notice. Ms Benson advised that the current playground should be improved and extended, and that the development was inappropriate as it would put pressure on existing community facilities such as schools, as the additional community infrastructure to support new development was not in place. Mr Barnes reported that he was in favour of the development in principal, but felt that it should include a community facility, such as a training facility for young people in the area, so that residents would benefit from the development.  Mr Barnes felt that any money generated from the development should be reinvested in community facilities for local residents.

 

In response to questions from the Committee, Ms Benson advised that she was opposed to the relocation of the play area, as the proposed new site was one of the only open green spaces in the vicinity, which would be lost. She also felt that the issue of overdevelopment in the area was a key issue. In response to further questions from the Committee, Ms Benson reported that the issue of lack of community facilities was more of an issue than any potential improvements to the streetscape, and that the existing open green space should be retained and improved to make it more enticing for use by local residents. The Committee asked Mr Barnes about the use of the existing play area, and he responded that the existing provision was rarely used due to its location, and that the proposed new location would be better.

 

The applicant, Mr Gilling, addressed the Committee in support of the application and advised that the concern regarding the lack of community facilities was being addressed by means of the section 106 agreement. In response to residents’ suggestions regarding training for  local young people, Mr Gilling advised that they could look at ensuring that the contractors used local labour and offered training opportunities during the construction of the development. It was reported that the proposed communal space within the estate would improve the amenity for local residents, and that measures to address the issues of pollution and noise from the road would be incorporated into the design.

 

The Committee examined the plans.

 

Marc Dorfman, Assistant Director, Planning, Regeneration and Economy, advised the Committee that the section 106 could be amended such that the development could not be occupied until such time as the new play area was available for use. In response to local residents’ concerns regarding the lack of health facilities in the area, Mr Dorfman reported that a new health centre was being built as part of the Hale Village development, and that the Council was working with the PCT and potential GPs to secure health provision at this site. In response to a question from the Committee regarding the nature of the new play facilities to be provided, Ms Lawrence advised that consultation with local residents regarding their needs was ongoing. It was also suggested that information could be provided to local residents on safe routes to local parks.

 

The Chair moved the recommendation that the application be approved, including the suggested amendment to the section 106 agreement, and on a unanimous vote in favour it was:

 

RESOLVED

 

i) That Planning Permission be granted in accordance with planning application reference number HGY/2010/2025 (“the Planning Application”) subject to a pre-condition that [the applicant and] [the owner(s)] of the application site shall first have entered into an agreement or agreements with the Council [under Section 106 of the Town and Country Planning Act (as amended) and Section 16 of the Greater London Council (General Powers) Act 1974] [and] [under Section [278] of the Highways Act 1980] in order to secure:

 

Under Section 278:

 

An agreement under section 278 of the Highway Act 1980 for a monetary contribution towards the implementation of a highway lighting scheme and the resurfacing of the footways in the immediate vicinity.

 

Under Section 106:

 

• The provision of affordable housing at 50% = 40 habitable rooms to achieve 70% for social renting and 30% for intermediate (rent to homebuyer). The total habitable rooms = 81. The tenure breakdown for the affordable units are 3 x 3 beds and 3 x 4 beds for social renting and 2 x 1 beds and 3 x 2 beds for intermediate (rent to homebuy).
• An education contribution as required under SPG10c ‘Education needs generated by new housing’ to a value of £131,219.00
• Car-free development – contribution of a sum of £1000 (one thousand pounds) towards the amendment of the TMO for this purpose.
• To provide the residents of the new development with one year free membership to the “car club scheme” to help mitigate the non provision of off-street parking.
• An administration cost of £3,900.00

 

ii) That, in the absence of the agreement(s) referred to in resolution (1) above being completed by 27 January 2011, planning application reference number HGY/2010/2025 be refused for the following reasons:

 

In the absence of a formal undertaking to secure a Section 106 Agreement for appropriate contribution towards educational provision the proposal is contrary to Policy UD8 ‘Planning Obligations’ of the adopted Haringey Unitary Development Plan (2006) and SGG10c ‘Education needs generated by new housing’.

 

iii) In the event that the Planning Application is refused for the reasons set out in resolution ii) above, the Assistant Director (PEPP) (in consultation with the Chair of PASC) is hereby authorised to approve any further application for planning permission which duplicates the Planning Application provided that:

 

i)                    there has not been any material change in circumstances in the relevant planning considerations, and

ii)                  the further application for planning permission is submitted to and approved by the Assistant Director (PEPP) within a period of not more than 12 months from the date of the said refusal, and

iii)                the relevant parties shall have previously entered into the agreement(s) contemplated in resolution (i) above to secure the obligations specified therein.

 

iv) That following completion of Agreement referred in (i) above, planning permission be granted in accordance with planning application no. HGY/2010/2025 Applicant’s drawing No.(s) J09.262/D90, 91, 92 and 100- 106A -113 incl.

 

Conditions:

 

GENERAL

 

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 the Planning & Compulsory Purchase Act 2004 and to prevent the accumulation of unimplemented planning permissions.

 

2. The development hereby authorised shall be carried out in complete accordance with the plans and specifications submitted to, and approved in writing by the Local Planning Authority.

 

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

 

MATERIAL AND LANDSCAPING

 

1. Samples of all materials to be used for the external surfaces of the development shall be submitted to, and approved in writing by, the Local Planning Authority before any development is commenced.  Samples should include sample panels or brick types and a roofing material sample combined with a schedule of the exact product references.

 

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.

 

2. A scheme for the treatment of the surroundings of the proposed development including the planting of trees and/or shrubs shall be submitted to, approved in writing by the Local Planning Authority, and implemented in accordance with the approved details.

 

Reason: In order to provide a suitable setting for the proposed development in the interests of visual amenity.

 

3. Details of a scheme depicting  those areas to be treated by means of hard landscaping shall be submitted to, approved in writing by, and implemented in accordance with the approved details. Such a scheme to include a detailed drawing of those areas of the development to be so treated, a schedule of proposed materials and samples to be submitted for written approval on request from the Local Planning Authority.

 

Reason: In order to ensure the development has satisfactory landscaped areas in the interests of the visual amenity of the area.

 

SUSTAINABILITY

 

4. Prior to occupation of the residential development hereby approved, a statement demonstrating consistency with t he submitted Energy Statement Assessment, which indicates the use of renewable technologies on site will lead to 20% reduction in predicted CO2 emissions (measure against a base building according to current Building Regulations), shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with any written approval given by the LPA.

 

Reason: To ensure the development incorporates on-site renewable energy generation and in order to contribute to a reduction in carbon dioxide emissions generated by the development in line with national and local policy.

 

5. Prior to occupation, a statement demonstrating energy efficient measures including design, building fabric improvements, use of on-site equipment and where applicable connection to decentralised energy networks for reduction in fossil fuel use and CO2 emissions in line with an energy statement shall be submitted to and approved by the Local Planning authority and shall be implemented prior to the occupation of the dwellings hereby permitted and be maintained thereafter for the life of the development. 

 

Reason: To ensure the development incorporates on-site renewable energy generation and in order to contribute to a reduction in carbon dioxide permissions generated by the development in line with national and local policy.

 

6. The proposed development must achieve level 4 Code for Sustainable Homes.

 

Reason: To ensure the development meets the Code Level for sustainable Homes as approved in order to contribute to a reduction in carbon dioxide emissions generated by the development in line with national and local policy guidance and improve environmental quality and resource efficiency.

 

OTHER

 

7. The proposed development  shall have a central dish/aerial system for receiving all broadcasts for all the residential units created, details of such a scheme shall be submitted to and approved  by the Local Planning Authority prior to the occupation of the property and the approved scheme shall be implemented and permanently retained thereafter.

 

Reason: In order to protect the visual amenities of the neighbourhood.

 

8. The construction works of the development hereby granted shall not be carried out before 0800 or after 1800 hours Monday to Friday or before 0800 or after 1200 hours on Saturday and not at all on Sundays or Bank Holidays.

 

Reason: In order to ensure that the proposal does not prejudice the enjoyment of neighbouring occupiers of their properties.

 

11. That a detailed scheme for the provision of refuse and waste storage    within the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the works. Such a scheme as approved  shall be implemented and permanently retained thereafter to the satisfaction of the Local Planning Authority.

 

Reason: In order to protect the amenities of the locality.

 

12. Before the commencement of any works on site, a fence or wall, materials to be agreed with the Local Planning Authority, shall be erected and permanently retained for  all site  boundaries.

 

Reason: In order to ensure a satisfactory  means of enclosure for the proposed development.

 

13. The development hereby permitted shall construct the Wheelchair housing units in accordance with the Design and Quality Standards laid down by Greater London Authority 'Best Practice Guidance' September 2007. 

 

Reason: To ensure the wheelchair units meet the appropriate standard for wheelchair users.         

 

14. Before development commences other than for investigative work: 

 

a) A desktop study shall be carried out which shall include the identification of previous uses, potential contaminants that might be expected, given those uses, and other relevant information. Using this information, a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors shall be produced.  The desktop study and Conceptual Model shall be submitted to the Local Planning Authority.  If the desktop study and Conceptual Model indicate no risk of harm, development shall not commence until approved in writing by the Local Planning Authority. 

 

b) If the desktop study and Conceptual Model indicate any risk of harm, a site investigation shall be designed for the site using information obtained from the desktop study and Conceptual Model. This shall be submitted to, and approved in writing by, the Local Planning Authority prior to that investigation being carried out on site.  The investigation must be comprehensive enough to enable:- 

"    a risk assessment to be undertaken,

"    refinement of the Conceptual Model, and

"    the development of a Method Statement detailing the remediation requirements.  The risk assessment and refined Conceptual Model shall be submitted, along with the site investigation report, to the Local Planning Authority.

 

c)        If the risk assessment and refined Conceptual Model indicate any risk of harm, a Method Statement detailing the remediation requirements, using the information obtained from the site investigation, and also detailing any post remedial monitoring shall be submitted to, and approved in writing by, the Local Planning Authority prior to that remediation being carried out on site.  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 before the development is occupied.

 

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

 

15. No works shall be carried out on the site until proof of registration that either the site or Contractor Company is registered with the Considerate Constructors Scheme in relation to construction dust. 

 

Reason: To protect the amenity of future occupants against poor air.

 

16. The width of the required vehicle crossover onto Stainby shall be restricted to a maximum of 4.8 metres.

 

Reason: To ensure that the use of the access does not prejudice pedestrian safety

 

17. Before development commences:

 

a)  A building ventilation strategy shall be carried out which shall   consider natural ventilation, mechanical ventilation and mixed-mode ventilation and identify the best available ventilation mode to reduce exposure to air pollution and sent to the LA for approval.  The strategy should take into account the Building Regulations 2000, Approved Document F (Ventilation) and the Domestic Ventilation Compliance Guide, as well as guidance provided by the Chartered Institution of Building Services Engineers (CIBSE), including Guide A: Environmental Design and Minimizing Pollution at Air Intakes.  A balance must be struck between ventilation to improve air quality indoors versus air tightness to improve energy efficiency performance.  The ventilation must address the pollutants of concern of PM10 and nitrogen dioxide.

 

b) Using the information in the ventilation strategy and prior to the commencement of works on the development, details of the ventilation or other plant shall be submitted to and approved by the Local Planning Authority prior to installation.  Details should include full specifications of all filtration, deodorising systems, and noise output and termination points.  The approved scheme shall be completed prior to occupation of the development and shall be permanently maintained thereafter.

 

Reason: To protect the amenity of future occupants against poor air pollution

 

INFORMATIVE: The development requires naming / numbering. Please contact Local Land Charges (tel. 0208 489 5573) at least weeks 8 weeks before completion of the development to arrange allocation of suitable address(es).

 

INFORMATIVE: The residential unit is defined as 'car free' and therefore no residents therein will be entitled to apply for a residents parking permit under the terms of the relevant Traffic Management Order (TMO) controlling on-street parking in the vicinity of the development.

 

INFORMATIVE: Any necessary works affecting the public highway will be carried out by the Council at the applicant's expense once all the necessary internal site works have been completed. The applicant should telephone 020-8489 1316 to obtain a cost estimate and to arrange for the works to be carried out.

 

INFORMATIVE: That the applicant be aware that the proposed development lies within Haringey's Air Quality Management Area, which was declared in March 2002.

 

REASONS FOR APPROVAL

 

The scale and position of the proposed buildings is such that, any loss of amenity to existing occupiers would be minimised. The proposed height of the buildings at four storey would conform to the predominate height of existing buildings in the locality and the overall design would not comprise the character of the local area in general. The proposed density conforms to current guidelines as set out in the London Plan and the proposed housing provision would contribute the Council's housing target. The proposed development is expected and required to achieve Code for Sustainable Homes Level 4.

 

The capital receipt from the disposal of the playground site will be ring fenced for estate improvement works on Saltram Close housing estate, which will include the re-provision of a secure playground for the benefit of the estate residents. The Strategic and Community Housing service supports this scheme. The scheme would be subject to a section 106 legal agreement for affordable housing, education contribution and contributions towards highway improvement nearby to the site.

 

Therefore it is considered that the proposal is acceptable and consistent with the following Unitary Development Plan Policies: UD3 'General Principles', UD4'Quality Design',  UD7 'Waste Storage', M10 'Parking for Development', HSG1 'New Housing Developments',  HSG10, 'Dwelling Mix', HSG 4 'Affordable Housing', HSG 7  'Housing for Special Needs', M9 'Car-Free Residential Developments' and SPG1a 'Design Guidance', SPG10c 'Education Needs Generated by New Housing' and 'Housing Supplementary Planning Document ' (adopted October 2008).

 

 

Section 106: Yes