Development comprising of construction of three industrial buildings accommodating a total of 13,251 sqm (142,629 sqft) of gross B1/B2/B8 employment floorspace and divided into six employment units, together with revised access and associated highway works, parking and sustainable urban drainage.
RECOMMENDATION: Grant permission, subject to conditions, subject to sec.106 Legal Agreement.
Minutes:
The Committee considered the planning application report, previously circulated, which set out the details of the proposal, planning history, consultation and responses and analysis and assessment of the relevant planning issues. The Planning Officer gave a presentation on the key aspects of the application, and advised that there had been changes to the Section 106 from the details set out in the report - contributions would be; £70k for works related to the creation of the ghost island right turn facility and relocation of the vehicle access and bus stop, as well as a scheme to improve street lighting and footway resurfacing within the vicinity of the site and the planting of replacement street trees within the vicinity of the site; £60k to support local employment opportunities as part of the Haringey Guarantee scheme; £32,200 for Community benefits; and £3k monitoring.
The Committee examined the plans for the application, and asked questions of officers. In response to a question regarding the impact of Heavy Goods Vehicles using the site, it was reported that the application would result in a reduction of HGV traffic compared with existing planned use. It was confirmed that the condition requested by the Environment Agency in response to the consultation had been added.
The Chair moved the recommendations of the report, with the amended section 106 agreement as presented, and it was:
RESOLVED
1) That planning permission be granted in accordance with planning application no. HGY/2011/0814, 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) The applicant to enter into a Section 278 Agreement securing a £70,000 (seventy thousand pound) contribution for works related to the creation of the ghost island right turn facility and relocation of the vehicle access and bus stop, in addition to a scheme to improve street lighting and footway resurfacing within the vicinity of the site;
(1.2) A financial contribution of £60,000 be provided by way of S106 Agreement to support local employment opportunities either as part of the Haringey Guarantee project, or by other appropriate means agreed with the Council;
(1.3) A financial contribution of £32,200 for Community benefits.
(1.4) The developer to pay an administration / monitoring cost of £3,000 in connection with this Section 106 agreement.
2) That in the absence of the Agreement referred to in the resolution above being completed by the 31st January 2012, planning application reference number HGY/2011/0814 be refused for the following reason:
In the absence of a formal undertaking to secure a Section 106 Agreement for appropriate contribution for highway and access improvements to this site 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’.
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 the 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 specific therein.
4) That following completion of the Agreement referred to in 1) above, planning permission be GRANTED in accordance with planning application no HGY/2011/0814 and the Applicant’s drawing No.(s) E10-090 A001, 10-152 A003 REV J, A004, A005, A006, A007, A008, B001 REV A, B002 REV B, B003, B004 REV A, B006 REV A, NTH/247/SK01 REV P5 & NTH/247/SK02 REV P1 and subject to the following conditions:
IMPLEMENTATION
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.
EXTERNAL APPEARANCE / SITE LAYOUT
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.
4. Notwithstanding the details shown on drawing No A003 J details of a scheme of hard and soft landscaping including details of the front boundary treatment shall be submitted to and agreed in writing by the Local Planning Authority before the development hereby permitted, is commenced.
Reason: To ensure a satisfactory appearance to the development.
5. A detailed Waste Management Plan (WMP) (to include details for the disposal, processing, recycling and storage of waste for the units hereby approved, in addition to details of enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins and/or other refuse storage containers where applicable, together with a satisfactory point of collection, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the building. The operations of each unit shall be carried out in accordance with the approved WMP in perpetuity unless minor variations are otherwise approved in writing by the Local Planning Authority.
Reason: To ensure a satisfactory appearance for the development and satisfactory accessibility; and to protect the amenities of the area.
6. Prior to the commencement of construction works on site full details of the all proposed external lighting have been submitted to and approved in writing by the Local Planning Authority. Details shall include appearance and technical details and specifications, intensity, orientation and screening of lamps, siting and the means of construction and layout of cabling. Lighting is to be restricted to those areas where it is necessary with additional shielding to minimise obtrusive effects. The approved scheme is to be fully completed and shall be permanently maintained thereafter.
Reason: In the interest of design quality, residential amenity and public and highway safety.
CONTROL ON USE/ ACTIVITIES WITHIN THE SITE
7. Any noise generated by virtue of this development shall not cause an increase in the pre-existing background noise level or more than 5db (A) when measured and corrected in accordance with BS 4142:1967, as amended, titled 'Method of Rating Industrial Noise Affecting Mixed Residential & Industrial Areas'. In this context, the background level is construed as measuring the level of noise which is exceeded for 90% of the time.
Reason: In order to protect the amenities of nearby residential occupiers.
8. No deliveries shall be loaded or unloaded within the site between the hours of 2100 and 0600 Monday to Saturday or after 1800 hours Saturday until 0600 hours the following Monday.
Reason: In order to ensure that the proposed development does not prejudice the enjoyment by neighbouring occupiers of their property.
9. There shall be no external storage of materials, or construction or placing of racks and bins or other storage containers outside the buildings on site without the prior written approval of the Local Planning Authority.
Reason: In order to safeguard the visual amenity of the area.
10. No additional floorspace other than as stated within the application shall be created inside the buildings approved without the prior written consent of the Local Planning Authority.
Reason: To ensure that the car parking provided meets the needs of the buildings approved and that traffic generation does not exceed the allocated capacity.
11. No satellite antenna, apparatus or plant of any sort (including structures or plant in connection with the use of telecommunication systems or any electronic communications apparatus) shall be erected on the roof of any building.
Reason: In order to safeguard the visual amenity of the area.
12. No external lighting shall be installed on the site without the prior written consent of the local Planning Authority.
Reason: In order to safeguard the visual amenity of the area.
13. Units 2a & 2b hereby permitted, as indicated on DWG: A012 shall be restricted to use classes B1 'Business' or B8 'Storage or Distribution' only as defined in the Town and Country Planning (Use Classes) Order (as amended, or any Order revoking or re-enacting that Order) while the other units hereby permitted shall be used solely as specified in the application for classes B1, B2 and B8
Reason: In order to restrict the use of the premises to one compatible with the surrounding area and in interests of neighbouring residential amenity.
PARKING / TRANSPORTATION
14. The designated Site Travel Plan Co-ordinator shall implement the measures as detailed in the Travel Plan submitted as part of the application.
Reason: To minimise the traffic impact of this development on the adjoining highway network and promote sustainable travel to and from the site.
15. Before the development hereby permitted is occupied the parking spaces shown on the approved plans shall be provided and shall not thereafter be used for any purpose other than the parking of vehicles in connection with the approved development.
Reason: To ensure that parking is provided in accordance wit the Local Planning Authority's standards.
SUSTAINABILITY / RENEWABLE ENERGY
16. Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include:"The greatest reduction in surface water runoff rates that is practicably possible, with greenfield rates being the target."The maximisation of Sustainable Drainage Systems (SUDS) on site.
Reason: To minimise the risk of flooding, and to improve and protect water quality.
17. Prior to the commencement of development, details of energy efficient design and the potential for the use of renewable energy sources shall be submitted to and approved by the Local Planning Authority and shall be implemented prior to the commencement of the use hereby permitted and maintained thereafter for the life of the development.
Reason: To ensure the development incorporates energy efficiency measures including on-site renewable energy generation, in order to contribute to a reduction in carbon dioxide emissions generated by the development in line with national and local policy guidance.
18. Prior to the commencement of development in terms of any unit / building hereby approved, the developer shall provide a copy of the final Building Research Establishment (BRE) certificate confirming that the building design achieves a minimum BREEAM rating of Very Good. The BREEAM Post Construction Assessment shall be carried out on a sample of the development in accordance with an agreed methodology to ensure that the required minimum rating has been achieved.
Reason: In the interests of energy efficiency and sustainability.
CONSTRUCTION
19. 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.
20. No development shall take place until site investigation detailing previous and existing land uses, potential land contamination, risk estimation and remediation work if required have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.
Reason: In order for the Local Planning Authority to ensure the site is contamination free.
21. Prior to the commencement of the development a Construction Logistics Plan (CLP) should be submitted for the approval of the LPA. The CLP should show the routeing of traffic around the immediate road network and reasonable endeavours ensure that freight and waste deliveries are timed to avoid the peak traffic hours.
Reason: To minimise vehicular conflict at this location.
INFORMATIVE: The issue of water supply within the site has been considered and in order to provide an adequate water supply for fire fighting, the London Fire Brigade (LFB) recommends the instillation of 2 Private Fire Hydrants in the position indicated in red on the enclosed map. The hydrants should be numbered P100119 and P109079 respectively.
INFORMATIVE: At the present time the London Fire Brigade has a policy of free annual inspections. If you would like your premises to be included in the test programme then please notify the London Fire Brigade, 169 Union Street, London SE1 0LLTel 0208 555 1200.
Section 106: Yes
Supporting documents: