Agenda item

Application for a new planning permission to replace extant planning permission HGY/2008/0462 for redevelopment of site to provide 3 storey building comprising 2 x three bed and 4 x two bed self-contained flats with 3 no. car parking spaces.

RECOMMENDATION: Grant permission to replace extant consent subject to conditions and a deed of variation to the current S106 Agreement.

The Committee considered a report, previously circulated, which set out details of the application, the site and surroundings, planning history, relevant planning policy, consultation and responses and analysis. The report recommended that consent be granted subject to conditions and a deed of variation to the current s106 agreement. The Planning Officer gave a presentation outlining the key points of the report and responded to questions from the Committee.

Cllr Bevan addressed the Committee in objection to the application. He expressed concern that the applicant was currently using the site illegally as a builders yard and that, were the application granted, this would lead to a further three years’ illegal use of the site. It was requested that the application for an extension of time be granted for only one year. In response to a question from the Committee, Cllr Bevan advised that this would encourage compliance as, if work were not undertaken within a year, the application would then be in breach of the new planning guidance on room sizes that was to be introduced.

The Planning Officer confirmed that the existing room size directive, which was currently guidance only, may be strengthened as an SPD in the next year, although it was not yet determined to what size of site the standards would apply. The Legal Officer advised the Committee that as an application for a renewal, the actions available to the Committee were limited – a different decision could only be reached if there had been a change in policy circumstances since the granting of the original permission. Although there were circumstances in which a shorter period of time could be granted, it was advised that these were not applicable in this case. In response to a question regarding how the likely future change in policy would affect the Committee’s decision, it was advised that the decision had to be made in light of current circumstances. It was confirmed that any legal action being taken in respect of the site was an entirely separate process and should not be taken into consideration.

The Committee examined the plans. The recommendation of the report was moved and on a vote of 7 in favour and 2 against it was:

RESOLVED

That permission be granted to replace extant Planning Permission reference number HGY/2008/0462, subject to the conditions (as set out below) continuing to apply in all respects other than as modified by the approval of this Planning Permission and subject to Section 106 agreement attached to this previous consent also continuing to apply other than any variation to Section 106 Agreement considered necessary to the Councils Legal Department.

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.

MATERIALS & EXTERNAL APPEARANCE

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. 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.

5. Details of the hard surfacing for the car parking area and footpaths in front of the proposed building shall be submitted to and approved by the Local Planning Authority prior to commencement of the development; such details shall include the provision of permeable paving or surfacing.

Reason: In order that the Council shall be satisfied as to the external appearance of the frontage to the property.

6. 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.

PERMITTED DEVELOPMENT RIGHTS

7. Notwithstanding the provisions of Article 4 (1) and Part 25 of Schedule 2 of the General Permitted Development Order 1995, no satellite antenna shall be erected or installed on any building hereby approved.  The proposed development shall have a central dish / arial system for receiving all broadcasts for 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 prevent the proliferation of satellite dishes on the development.

CONSTRUCTION

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 1300 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.

9. Prior to commencement of development, details of a scheme of sound insulation between the ground floor commercial floorspace and the residential accommodation above shall be submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details prior to first occupation of the residential accommodation.

Reason: In order to ensure that the proposed conversion does not give rise to an unacceptable loss of amenity for occupiers within the property as a result of inadequate insulation & soundproofing.

10. The desktop study and Conceptual Model covering risk assessment, refinement of the Conceptual Model, and the development of a Method Statement detailing the remediation requirements shall be submitted to the Local Planning Authority until approved in writing by the Local Planning Authority.

 Reason: In order to protect the environmental aspects of the site & the locality.  

TRANSPORTATION

11. The parking and access arrangement shall be submitted and approved in writing by      the Local Planning Authority, in consultation with the Highway Authority, and thereafter retained for that specific use.

Reason: To protect pedestrian amenity and in the interests of highway safety.

REASONS FOR APPROVAL

The application for a new planning permission to replace an extant planning permission HGY/2008/0462 should be approved on the grounds that since the approval of this application there has been no overriding change in the Council's policy position or no new material considerations to take account of. It is felt that residential development is an appropriate use on the subject site as other existing residential buildings are in close proximity to the yard and the railway line. The overall layout is satisfactory, the proposal would relate satisfactorily to the scale and character of the existing adjacent block, there would be no adverse impact on the neighbouring properties, there is reasonable car parking and cycle stands provided on the site. As such the proposal is in accordance with Policies UD3 'General Principles', UD4 'Quality Design', HSG 1 'New Housing Developments', HSG 2 'Change of Use to Residential', M10 'Parking for Development' and the Councils SPG 1 'Design Guidance' and Housing SPD 2008 of the Haringey Unitary Development Plan and Haringey Supplementary Planning Guidance Document contexts.

INFORMATIVE:  Prior to demolition 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:  No works shall be carried out on the site until a detailed report, including Risk Assessment, detailing management of demolition and construction dust as specified in condition 10.  The site or Contractor Company 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.  

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) 

Section 106: Yes