Agenda item

Change of use of ground floor from B1 (business) / D1 (non-residential institution) to C3 (residential) comprising 4 x two bed flats and 1x three bed flat.

RECOMMENDATION: Grant permission subject to conditions and subject to Sec. 106 Legal Agreement.

The Committee considered a report, previously circulated, which set out the application, planning history, consultation and relevant planning policy and factors. The Planning Officer presented the report, highlighting key issues, and the Committee had an opportunity to examine the plans.

In response to questions from the Committee, it was confirmed that the Council had no control over whether residents of designated ‘car-free’ developments owned vehicles which they kept elsewhere, but that the restriction on parking in the vicinity of such developments was generally successful. The Committee raised the issue of landscaping, and it was confirmed that a condition would be in place requiring the applicant to submit their plans in respect of landscaping.

RESOLVED

1)     That planning permission be granted in accordance with planning application no. HGY/2010/2083, subject to a pre-condition that the owners 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 1990 (As Amended) and Section 16 of the Greater London Council (General Powers) Act 1974 in order to secure:

1.1)           A contribution of £20,000.00 towards educational facilities within the Borough (£10,000.00 for primary and £10,000.00 for secondary) according to the formula set out in Policy UD8 and Supplementary Planning Guidance 10c of the Haringey Unitary Development Plan July 2006;

1.2)           A sum of £1,000.00 towards the amendment of the relevant Traffic Management Order(s) (TMO) controlling on-street parking in the vicinity of the site to reflect that the residential units shall be designated ‘car free’ and therefore no residents therein will be entitled to apply for a residents parking permit under the terms of this Traffic Management Order(s) (TMO);

1.3)           The developer to pay an administration / monitoring cost of £1,000.00 in connection with this Section 106 agreement. This gives a total of £22,000.00.

2)     That in the absence of the Agreement referred to in the resolution above being completed by 31^st March 2011, planning application reference number HGY/2010/2083 be refused for the following reason:

In the absence of a formal undertaking to secure a Section 106 Agreement for appropriate contribution towards education the proposal is contrary to Policy UD8 ‘Planning Obligations’ of the adopted Haringey Unitary Development (2006) and Supplementary Planning Guidance SPG10a ‘The Negotiation, Management and Monitoring of Planning Obligations’ and SPG10c ‘Educational Needs Generated by New Housing Development’.

3)     In the event that the Planning Application is refused for the reason set out above, the Assistant Director (PEPP) (in consultation with the Chair of Planning Committee) 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 contemplated in resolution 1) above to secure the obligations specified therein.

4)     That following completion of the Agreement referred to in 1) above, planning permission be granted in accordance with planning application no. HGY/2010/2083 and the Applicant’s drawing No.(s) SLP-100; EX-01, 02; PL-100C & 101A and subject to the following conditions:

Conditions:

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.

3.                  Notwithstanding the description of the materials in the application, no development shall be commenced until precise details of the materials to be used in connection with the new front boundary treatment, including landscaping, have been submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with such approved detail and prior to the occupation of the residential units hereby approved.

Reason: In order to retain control over the external appearance of the development in the interest of the visual amenity of the area.

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).

REASONS FOR APPROVAL

Whilst the proposed scheme will involve the loss of a commercial space suitable for employment use which has been actively marketed for a period of over two years, the proposed conversion of this space to residential use is compatible with the use within the rest of the building and surrounding area. The associated changes to the design and layout of the building are considered sensitive to its surrounding and the character of the area and overall the proposal will provide adequate living accommodation.

As such the proposal is considered to be in accordance with Policies: G2 'Development and Urban Design', UD3 'General Principles', UD4 'Quality Design', HSG1 'New Housing Development', HSG9 'Density Standards', HSG10 'Dwelling Mix' of the adopted Haringey Unitary Development Plan 2006 and with supplementary planning guidance SPG1a 'Design Guidance and Design Statements', and the Council's 'Housing' Supplementary Planning Document (2008).

Section 106: Yes