Agenda item

Demolition of existing lock-up garages and the erection of a 2 storey 4 bedroom dwelling with 1^st floor partially accommodated within the roof space.

RECOMMENDATION: Grant permission subject to conditions.

The Committee considered a report, previously circulated, which set out details of the application for land to rear of 10 – 12 St James’s Lane, N10, the site and surroundings, planning history, relevant planning policy, consultation and responses and analysis. The report recommended that permission be granted, subject to conditions. The Planning Officer gave a presentation outlining key elements of the application, and responded to questions from the Committee. For the Committee’s information, an appeal decision in relation to the site, dating from 2005, was circulated.

 

In response to a question from the Committee regarding whether the proposal enhanced the Conservation Area, it was reported that, as this was a backlands site that would not be visible from the street and the proposed design was simple, it was felt that it would have a neutral impact on the Conservation Area.

 

Three local objectors addressed the Committee in objection to the proposal on behalf of a number of local residents in the area. Residents stated that the proposed building was excessively large for the site. There would be an impact on the privacy of local residents, as the building would overlook neighbouring gardens. The existing garages were agreed to be unsatisfactory, but at least they were not visible, whereas the bulk of the proposed building would affect the overall outlook. Residents had come together to object to the application out of concern regarding the dominance of the building, which was felt to be out of keeping with the surrounding area and would result in significant overlooking. It was further stated that the proposal would result in loss of light and the sense of open space in the area. The Committee was urged to come and view the site from the homes that would be affected in order to gauge the full impact. 

 

The Committee asked questions on the representations made by local residents. Local residents advised that they had some drawings illustrating the impact of the proposal, and it was agreed that these should be circulated, although the Planning Officer advised that, without knowing the background to how the drawings were prepared, the Committee should use their judgement in assessing this information, in conjunction with the information provided in the technical drawings. Objectors advised that the bulk of the proposal was their primary concern; Residents were not opposed to the principle of development on the site, but were concerned regarding the scale of this proposal and the resultant overlooking.

 

The agent for the applicant, Mr West, addressed the Committee in support of the application. Mr West advised that the design process had begun with scrutiny of the planning history of the site, and it was felt that the current proposal addressed all of the issues which had arisen as a result of previous proposals. It was reported that the responses to the pre-application consultation process with local residents and groups had been encouraging, and that suggestions made by planning officers had been incorporated into the scheme submitted. The Committee was advised that a large number of addresses had been consulted as part of the application process, but that only a small number of objections had been made.

 

Mr West stated that the design reflected the pitch and proportions of surrounding roofs, and expressed confusion at the concerns raised by residents of Church Crescent, as the appeal decision in respect of the previous, larger, proposal had identified that there would be no material harm to these properties. Mr West rejected the suggestion that the proposal represented overdevelopment of the site, as the footprint of the proposed building would be a smaller percentage of the total site area, compared with those of surrounding properties. Mr West did not feel that a further site visit was required as the application had already undergone a thorough assessment process and requested that the scheme be approved.

 

The Committee asked questions of the applicant’s agent. In response to a question regarding whether the scheme was felt to be dominant, Mr West disagreed and stated that this was a smaller proposal, subordinate to the surrounding properties. In response to concerns regarding overlooking, Mr West advised that there were no windows looking towards properties on St James’ lane, and that the terrace looked inwards. It was reported that the distances between the proposed building and neighbouring gardens were within the acceptable limits as set out in planning guidance. The Committee asked about the average distance between the building and site boundary, and it was advised that this was 1.5m at the lower ground floor level, with the upper storey further set back.

 

In response to a question regarding arrangements for emergency services and waste disposal, Mr West advised that the 4m width of the driveway was adequate for emergency vehicles, and that in addition a condition was proposed requiring sprinklers to be installed. With regards to waste disposal bins would be moved down to the end of the drive on collection days and retained inside the rest of the time.

 

The Committee examined the plans.

 

The Chair moved the recommendations of the report and on a vote of 8 in favour and 1 against it was:

 

RESOLVED

 

That application reference HGY/2011/1550 be granted, subject to 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.

 

MATERIALS & SITE LAYOUT

 

3. Notwithstanding the description of the materials in the application, no development shall be

commenced until precise details of the external 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. Details of a scheme depicting those areas to be treated by means of hard and soft

landscaping shall be submitted to, approved in writing by, and implemented in accordance with

the approved details.

 

Reason: In order to ensure the development has satisfactory landscaped areas in the interests of

the visual amenity of the area.

 

5. Details including the type, specification and location of external lighting shall be submitted to

and approved in writing by the Local Planning Authority before the residential unit hereby

approved is occupied and thereafter carried out in accordance with the approved

details.

 

Reason: To prevent adverse light pollution to neighbouring properties.PERMITTED

 

DEVELOPMENT RIGHTS

 

6. Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) (Amendment) (England) Order 2008 (or any order revoking and re-enacting that

Order with or without modification), no development otherwise permitted by any part of Class A,,

C, D & E of Part 1 of that Order shall be carried out on site.

 

Reason: To safeguard the amenities

of neighbouring occupiers and the generallocality.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.

 

CONTAMINATED LAND

 

8. Before development commences other than for investigative work:

 

a) A desktop study shall be carried out which shall include the identification of previous uses, potential contaminants that

might be expected, given those uses, and other relevant information. Using this information, a

diagrammatical representation (Conceptual Model) for the site of all potential contaminant

sources, pathways and receptors shall be produced.  The desktop study and Conceptual Model

shall be submitted to the Local Planning Authority. If the desktop study and Conceptual Model

indicate no risk of harm, development shall not commence until approved in writing by the Local

Planning Authority.

 

b)If the desktop study and Conceptual Model indicate any risk of harm, a site

investigation shall be designed for the site using information obtained from the desktop study

and Conceptual Model. This shall be submitted to, and approved in writing by, the Local

Planning Authority prior to that investigation being carried out on site.  The investigation must be

comprehensive enough to enable:-

"           a risk assessment to be undertaken,

"           refinement of

the Conceptual Model, and

"           the development of a Method Statement detailing the

remediation requirements.

 

The risk assessment and refined Conceptual Model shall be

submitted, along with the site investigation report, to the Local Planning Authority.    

 

c)  If the risk assessment and refined Conceptual Model indicate any risk of harm, a Method Statement

detailing the remediation requirements, using the information obtained from the site

investigation, and also detailing any post remedial monitoring shall be submitted to, and

approved in writing by, the Local Planning Authority prior to that remediation being carried out

on site. Where remediation of contamination on the site is required completion of the

remediation detailed in the method statement shall be carried out and a report that provides

verification that the required works have been carried out, shall be submitted to, and approved

in writing by the Local Planning Authority before the development is occupied.

 

Reason: To ensure the development can be implemented and occupied with adequate regard

for environmental and public safety.

 

CONTROL OF CONSTRUCTION DUST

 

9. No works shall be carried out on the site until a detailed report, including Risk Assessment,

detailing management of demolition and construction dust has been submitted and approved by

the LPA.  (Reference to the London Code of Construction Practice) and that 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. 

 

Reason: To ensure the development can be implemented and occupied with adequate regard

for environmental and public safety.

 

TREES

 

10. The existing trees on the site shall not  be lopped, felled or otherwise affected in any way

(including raising and lowering soil levels under the crown spread of the trees) and no excavation

shall be cut under the crown spread of the trees without the prior written permission of the Local

Planning Authority.

 

Reason: In order to safeguard the trees in the interest of visual amenity of the area.

 

11. The works required in connection with the protection of trees on the site shall be carried out

only under the supervision of the Council's Arboriculturalist. Such works to be completed to the

satisfaction of the Arboriculturalist acting on behalf of the Local Planning Authoriity.  

 

Reason: In order to ensure appropriate protective measures are implemented to satisfactory standards prior to the commencement of works in order to safeguard the existing trees on the site.

 

12. Before  any works herein permitted are commenced,  all those trees to be retained, as

indicated on the approved drawings, shall be protected by secure, stout, exclusion fencing

erected at a minimum  distance equivalent to the branch spread of the trees and in accordance

with BS 5837:2005 and to a suitable height. Any  works connected with the approved scheme

within the branch spread of the trees shall be by hand only. No storage of materials, supplies or

plant machiinery shall be stored, parked, or allowed access beneath  the branch spread of the

trees or within  the exclusion fencing.

 

Reason: In order to ensure the safety and well being of the trees on the site during

constructional works that are to remain after building works are completed.

 

ACCESS

 

13. Notwithstanding the approved plans, the pedestrian access to Bishop’s View Court shall be

permanently retained and access to this pedestrian right of way shall not be blocked at anytime.

Entrance gates to the development shall open into the site so as not to impede this access to

Bishops View Court at any time.

 

Reason: In order to protect the access for residents to Bishops View Court and St James Lane.

 

WASTE COLLECTION

 

14 Notwithstanding the approved , household waste to be placed at the end of the vehicular

access way to the site (adjacent to the back edge of the pavement) within the site’s demise on

the day of collection. Waste collections start from 06:00 therefore refuse and recycling wheelie

bins will need to be presented for collection either the night before on prior to 06:00 on day of

collection. The rest of the time, waste must be stored in the 360 litre Wheelie Bin (885mm x 620

mm), Garden Refuse Sack and Food Waste Box either in the House forecourt area or within the

Garage / Workshop Area.

 

Reason: In order to protect the amenity of the surrounding residential properties and ensure that household waste is collected.

 

SUSTAINABILITY

 

15. The proposed development must achieve Level 4 Code for sustainable homes.

 

Reason: To ensure that the development meets the code Level for sustainable homes as approved in order to contribute to a reduction in carbon dioxide emissions generated by the development in line with National and Local Policy Guidance and improve environmental quality and resource efficiency.

 

 

INFORMATIVE: Prior to demolition of 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: 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) 

 

INFORMATIVE:  In regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to round, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777.

 

INFORMATIVE: Thames Water recommend the following informative be attached to this planning Permission. Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

 

INFORMATIVE: Provided the distance from a Fire Vehicle on St James Lane N10 to the furthest point in the new house does not exceed 45m, the Fire Brigade would be acceptable. If the distance is exceeded, domestic sprinklers would be required. Applicant is advised to contact the fire brigade in respect of this matter.           

 

 

REASONS FOR APPROVAL

 

The proposed scheme involves a reduction in the size, bulk and footprint relative to a scheme dismissed on appeal in April 2010. The position, scale, mass and detailing of the proposed dwelling has been carefully considered to create a building which will not adversely affect the building pattern on St James Lane and the character of this part of the road. The building now proposed is substantially more subordinate than the previously refused scheme and will sit behind high boundary treatment with landscaping.As such the proposed development is considered to be in accordance with policies UD3 'General Principles', UD4 'Quality Design', HSG1 'New Housing Development', CSV1 'Development in Conservation Areas', OS17 'Tree Protection, Tree Masses and Spines' of the adopted Haringey Unitary Development Plan and Supplementary Planning Guidance SPG1a 'Design Guidance and Design Statements', SPG2 'Conservation and Archaeology' and the Council's 'Housing' SPD.

 

 

Section 106: No