Agenda item

Application for a new planning permission to replace an extant planning permission in order to extend the time limit for implementation for: Demolition of existing garages and erection of three storey building comprising 1 x 3 bed, 4 x 2 bed and 4 x 1 bed flats with commercial use (A1/A2) at ground floor level, offices at first floor level and parking at basement level. (Original Ref: HGY/2008/0593)

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

Cllr Basu declared a prejudicial interest in this item as, in his capacity as Ward Councillor, he had held discussions with local residents and other Ward Councillors regarding this application in advance of the meeting. Cllr Basu remained in the room but took no part in the discussion or vote.

 

The Committee considered a report of the Director of Place and Sustainability on the application for a new planning permission to replace an extant planning permission at 16-52 High Road, N15. The report set out details of the site and surroundings, planning history, relevant planning policy, consultation and responses and assessment of the application, and recommended that the application be granted, subject to conditions and a section 106 agreement. The Planning Officer gave a presentation outlining key aspects of the application and advised on an objection received from Cllr Claire Kober, which should have been included in the report under the section for consultation responses from Ward Councillors. The Committee was advised that Government guidance in respect of applications  to extend the time limit of an extant planning permission was that these would be expected to be considered favourably unless there had been a material change in circumstances since the original permission was granted.

 

The following issues were discussed by the Committee in relation to this item:

 

• Concerns were raised regarding overlooking and overshadowing, in response to which the Committee was advised that the scheme had been designed so as to minimise overlooking, and the distance at the rear of the property at 1 Rostrevor Avenue was felt to be sufficient to minimise any impact on daylight and sunlight.

 

• Concerns were expressed by Committee members and by a local resident and Cllr Goldberg, Ward Councillor, regarding traffic levels and the impact that access to and from the site onto Rostrevor Avenue would have on an area under significant existing traffic and parking pressure from residents and people attending the synagogues local to the site. Concerns were expressed that this would lead to an increase in accidents and might preclude the current proposal for Rostrevor Avenue becoming one-way. Officers stated that, from a safety perspective, access onto Rostrevor Avenue was preferable to the High Road and that it was estimated that the development would lead to an increase of just 6 cars per morning peak time, which was considered to have no appreciable impact on safety issues. It was also confirmed that the development would have no impact on whether or not a one-way system was implemented on Rostrevor Avenue. A full road safety assessment would be undertaken prior to implementation of any scheme and funding for highways improvements was also included in the proposed section 106 agreement.

 

• Officers reminded the Committee of the Government guidance in respect of dealing with applications to extend the time limit of extant planning permissions.

 

Cllr Rice proposed a motion, seconded by Cllr Reid, that this application be deferred to the next meeting of the Committee in order for a full transport report to be prepared to assist the Committee in its deliberations. On a vote of 2 in favour and 5 against, this motion fell.

 

Additional conditions were proposed in respect of the application;

 

i)                    Notwithstanding any future amendment to the Town and Country Planning Order 1995 or other relevant legislation, which allows a change from commercial to residential use without the need to apply for planning permission, the commercial units shall not be used for residential use.

ii)                  A full transport study is to be submitted to the Planning Authority before work is commenced on construction.

 

The recommendations of the report, with the additional conditions proposed as above, were moved and on a vote of 6 in favour, 1 against and 1 abstention it was:

 

RESOLVED

 

1)       That planning permission be granted in accordance with planning application no. HGY/2011/1062/1063 Drg No. 02, 03, 100, 101, 102, 103, 104, 105, 106, 107, 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). The Agreement or Agreements is necessary in order to secure contributions of £24,960 toward local education facilities, £15,000 toward Transportation works in the form of traffic calming and for environmental improvements within the locality and £2,040 toward administrative charges.

 

2)       i) That planning permission be granted in accordance with planning application no. HGY/2011/1062/1063 Drg No. 02, 03, 100, 101, 102, 103, 104, 105, 106, 107, subject to a pre-condition that the owners of the application site shall first have entered into a deed of variation to the current S106 Agreement and that following completion planning permission be granted in accordance with planning application no HGY/2011/1062/1063 and the Applicant’s drawing No.(s) 02, 03, 100, 101, 102, 103, 104, 105, 106, 107, subject to the following conditions:

 

ii) That in the absence of the Agreements referred to in resolution (i) above being completed within the time period provided for in resolution (ii) above, the planning application reference number HGY/2011/1062/1063 be refused for the following reason:

 

iii)                The proposal fails to provide the Education contributions in accordance with the requirements set out in Supplementary Planning Guidance 10c ‘Education needs generated by new housing developments’ attached to the Haringey Unitary Development Plan.

 

iv)                That, following completion of the Agreement referred to in resolution (1) within the time period provided for in Resolution (2) above, planning permission be granted in accordance with planning application reference number HGY/2011/1062/1063 and applicant’s drawing No.s 02, 03, 100, 101, 102, 103, 104, 105, 106, 107, subject to the following 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 development hereby permitted have been submitted to, approved in writing by and implemented in accordance with the requirements of the Local Planning Authority.

 

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

 

4. That not more than 9 separate residential units, whether flats or houses, shall be constructed on the site.

 

Reason: In order to avoid overdevelopment on the site.

 

5. 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.

 

6. The development hereby authorised shall comply with BS 8220 (1986) Part1, 'Security Of Residential Buildings' and 'Designing Out Crime' principles.

Reason: In order to ensure that the proposed development achieves the require crime prevention elements as detailed by Circular 5/94 'Planning Out Crime'.

 

7. No development shall commence until 2) and 3) below are carried out to the approval of London Borough of Haringey.

 

1. The Applicant will submit a site-wide energy strategy for the proposed development. This strategy must meet the following criteria: 

 

2.         (a) Inclusion of a site-wide energy use assessment showing projected annual demands for thermal (including heating and cooling) and electrical energy, based on contemporaneous building regulations minimum standards. The assessment must show the carbon emissions resulting from the projected energy consumption. 

 

(b) The assessment should demonstrate that the proposed heating and cooling systems have been selected in accordance with the following order of preference: passive design; solar water heating; combined heat and power for heating and cooling, preferably fuelled by renewables; community heating for heating and cooling; heat pumps; gas condensing boilers and gas central heating.  The strategy should examine the potential use of CHP to supply thermal and electrical energy to the site. Resulting carbon savings to be calculated. 

 

(c) Inclusion of onsite renewable energy generation to reduce the remaining carbon emissions (i.e. after (a) is accounted for) by 10% subject to feasibility studies carried out to the approval of LB Haringey.  

 

3. All reserved matters applications must contain an energy statement demonstrating consistency with the site wide energy strategy developed in 2). Consistency to be approved by LB Haringey prior to the commencement of 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.      

 

8. A site history and soil contamination report shall be prepared; submitted to the Local Planning Authority and approved before any works may commence on site.

 

Reason: In order to protect the health of future occupants of the site.  

 

9. 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. 

 

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: That all works on or associated with the public highway be carried out by The Transportation Group at the full expense of the developer.  Before the Council undertakes any works or incurs any financial liability the developer will be required to make a deposit equal to the full estimated cost of the works.

 

REASONS FOR APPROVAL 

 

The proposal accords with Policies HSG2 'Change of Use to Residential',  EMP4 'Non Employment Generating Uses', UD3 'General Principles', UD4 'Quality Design', UD6 'Waste Storage, HSG4 'Affordable Housing and HSG8 'Density Standards' of the Haringey Unitary Development Plan. Appropriate car parking has been proposed on site which is situated in an area with High Public Transport accessibility and is considered consistent with Policy M10 'Parking for Development'.  The proposal is also in accordance with the Council's Supplementary Planning Document on housing, SPG10 'Negotiation and Monitoring of Obligations' SPG12 'Educational need generated by new housing development and SPG8 'Waste and Recycling'.

 

 

Section 106: Yes