Agenda item

Erection of 3-storey side extension and insertion of rooflights to front, side and rear roofslopes to facilitate conversion of upper parts to 7 x two bed flats and 1 x three bed flat.

RECOMMENDATION: Grant permission subject to conditions and subject to a section 106 Legal 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 the application be granted, subject to conditions and subject to a section 106 legal agreement. The Planning Officer gave a presentation, outlining key aspects of the report, and responded to questions from the Committee.

In response to a question from the Committee, it was confirmed that a condition could be added requiring the detailing of the windows and stucco surrounds on the extension to take its cues from the existing detailing. It was noted that the intention was for the extension to be subordinate to the main building, for which reason the detailing should not fully replicate the existing, but echo it. It was confirmed that it was proposed to landscape the forecourt of the site and remove the existing crossover.

The Committee examined the plans and asked further questions of officers. In response to a question regarding the proposed waste facilities, it was noted that waste management were satisfied and that a condition was also proposed to address this issue. Concerns were raised regarding the future use of the site, and specifically whether there was a way of preventing its use for a betting shop. In response to this, a condition was suggested along the lines that the ground floor of the premises must be retained as A4 use unless an agreed viability study is submitted and approved by the planning authority, in order to ensure appropriate control any change of use, and to address concerns relating to the potential loss of social and community benefits associated with the site’s use as a public house. Cllr Peacock expressed strong objections to the proposed additional condition, as it was clear that the premises was not viable as a public house, otherwise it would still be in use.

The Committee voted on the proposed additional condition and on a vote of 6 in favour and 3 against, it was agreed that this condition be added. The recommendation of the report was moved and on a vote of 7 in favour, 1 against and 1 abstention it was:

RESOLVED

1) That, with the addition of an additional condition that the ground floor must be retained as A4 use unless an agreed viability study is submitted and approved by the planning authority, planning permission be granted in accordance with planning application HGY/2011/1358 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 £24,000.00 towards educational facilities within the Borough according to the formula set out in Policy UD10 and Supplementary Planning Guidance 10c of the Haringey Unitary Development Plan July 2006;

1.2             A sum of £6,500 (six thousand five hundred pounds) towards an improvement scheme aimed at encouraging and assisting the residents of the development to walk and cycle. The works will include the removal of a redundant crossover and service road entrance and footway resurfacing to the site frontage onto Green Lanes and Frobisher Road;

1.3             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 the Traffic Management Order(s) (TMO);

1.4             Plus a recovery costs / administration / monitoring of £1,000.00. This gives a total amount for the contribution of £31,500.00.

2) That in the absence of the Agreement referred to in the resolution above being completed by 30^th March 2012, planning application reference number HGY/2011/1358 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/2011/1358 and the Applicant’s drawing No’s 121-A0-101, JDD/QHPH-03, 04, 06, 01, 07, 02, 10, 08 09, 05, 01, 121-A0-OO6-09 & 121-A0-002-005 and subject to the following conditions:

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.

3. The details of a 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.  

4. Before first occupation of any part of the residential accommodation secure cycle parking shall be provided in accordance with a scheme that shall previously have been submitted to and approved in writing with the local planning authority. Development shall only be carried out in accordance with the approved details.

Reason: To encourage cycling as a means of transport and to protect pedestrian amenity and in the interests of highway safety.

MATERIALS & EXTERNAL APPEARANCE

5. 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.

PERMITTED DEVELOPMENT RIGHTS

6. 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

7. 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.

8. 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.

REASONS FOR APPROVAL

The proposed extension and conversion of this building is considered acceptable and will relate satisfactorily to the scale and character of the existing building and its surroundings with no adverse impact on the neighbouring properties. The proposed residential units will be secured as ‘car free’ development.  The proposal is in accordance with policies UD3 ‘General Principles’, UD4 ‘Quality Design’, HSG9 ‘Density Standards’, HSG1 ‘Dwelling Mix’, HSG1 ‘New Housing Development’, HSG2 ‘Change of use to Residential’, HSG10 ‘Dwelling Mix’  and CSV3 ‘Locally Listed Buildings’ and Policy M9 ‘Car-Free Residential Developments’ of adopted Haringey Unitary Development Pan 2006 and Supplementary Planning Guidance  SPG1a  ‘Design Guidance’ and the ‘Housing’ Supplementary Planning Documents (adopted October 2008).

Section 106: Yes