Agenda item

Demolition of existing sports hall and provision of new buildings to provide new indoor sports, music and performing arts facilities together with associated landscaping works.

RECOMMENDATION: Grant permission subject to conditions and subject to a section 106 legal agreement.

The Committee considered a report, previously circulated, on the application for planning permission at the Channing School, Highgate Hill. The report set out images, details of the site and surroundings, the proposal, planning history, relevant planning policies, consultation and responses, analysis and human rights and equalities considerations. The recommendation of the report was that the application be granted, subject to conditions and a section 106 legal agreement. The Planning Officer gave a presentation outlining key aspects of the report, and advised that further representations had been received subsequent to the production of the report, including from Metropolis, who would be addressing the Committee in objection to the application. Guidance on the new National Planning Policy Framework was circulated for Members’ information.

 

The following questions were raised by Members after the officer’s presentation:

 

• Concern was expressed that there was as yet no firm plan for site access; it was reported that testing was currently taking place to ascertain whether the preferred of the 3 options was feasible. There were two other options, although these were less favoured. A condition was sought delegating approval of the final construction management plan to officers, although if this raised further issues, the matter could be brought back to the Committee.
• The hydrological survey had been a combination of desk-based and investigative study. It concluded that the basement would have no impact on the water table; there may be an issue regarding the type of foundations that could be employed, although this had not been found to be significant.
• In response to a question regarding how the proposed building fitted with the character of the area, it was reported that there was a range of building styles in the vicinity and that the proposals to recess the building mitigated the impact from the street.
• The Committee asked about the impact of the proposals on the view from neighbouring gardens, in response to which it was reported that that the use of materials would mitigate the impact of the proposals, and that there was no protection of views under planning policy.
• In response to a question of approval of the materials to be used, it was reported that a condition was proposed requiring the applicant to submit samples of the proposed materials for the approval of the planning authority.
• It was clarified that the test in relation for developments in Conservation Areas related to whether a development preserved or enhanced the Conservation Area, and that this was for the Committee to determine.

 

The Committee was addressed by four objectors; Mr Mayer, a local resident, Mr Cooper, Metropolis Planning and Design on behalf of local residents, Mr Reynolds, on behalf of the local CAAC and the Highgate Society, and Cllr Bob Hare, Ward Councillor. Cllr Schmitz stated for the record that Cllr Hare had been present at the site visit in advance of the meeting, but had not put any views forward regarding the application at that time. The following points were raised by the objectors and in the course of questioning by the Committee:

 

• The basement of the proposed sports building was too close to the boundary with the neighbouring property (1.5m) to allow screening trees to be planted, and should be pulled further back.
• The very steep angle of the proposed pitched roof was obtrusive and unattractive, and it was felt that this should be lowered.
• The extent of the two basements raised concerns regarding hydrology.
• Relocation of the performing arts building would address many of the concerns around the impact on the Conservation Area.
• The open ground should be retained as part of the distinctive character of the area.
• The representations made by the Highgate Society, CAAC, Design Panel and English Heritage had largely been disregarded.
• The proposal would negatively affect the setting of the Founder’s Hall, as it was situated too close to the Hall.
• Concern was raised regarding the use of red brick rather than London stock, the location of the proposed photovoltaic panels and how spoil would be removed from the site. Concern was also raised that the issue of plant access to the site had not been resolved at this stage.
• The scheme was felt to damage the character and appearance of the Conservation Area, and should be refused so that the proposals could be improved. The current proposals did not reflect the best possible solution on this site.
• This was the wrong proposal for the wrong site and would disrupt the cascade of historic gardens which characterised this Conservation Area. As a consequence, the applicants should reconsider the location of the performing arts building. Mr Cooper cited the case of Ward, and supplied copies of the case to the Committee for information.
• It was necessary for the applicants to show greater consideration to the local area, in acting as good neighbours.

 

The Committee was addressed by Ms Elliot, Headmistress at Channing School, Mr Mylroie representing the applicants, and Mr White, architect, in support of the application. The following points were raised by the applicants during their presentations and in response to questions from the Committee:

 

• The school needed to improve the quality of its facilities in order to meet the needs of its pupils, to modernise and to continue its contribution to the local community.
• The school had listened to concerns raised, but these had to be balanced against the wider, long-term public benefit resulting from the enhancement of the school’s facilities.
• There were significant heritage and environmental constraints on the site which had influenced the proposals put forward.
• There had been a significant amount of engagement with the local community and a number of public meetings. Amendments had been made to the application to address the feedback received during this process.
• A full hydrological survey had been commissioned to assess the impact of the proposed basements and, in particular, any impact on stability. It was confirmed that the survey had included both desk-based analysis and boreholes. The report had concluded that there was very little likelihood of the basements having any impact in respect of hydrology.
• It was confirmed that the school already opened its facilities to local groups where possible, and was happy to continue to do this.
• It was reported that the steep roof profile had been designed to echo and reinforce the profile of the Founders Hall; the applicants felt that a shallower angle, as suggested, would be inappropriate.
• In response to a question regarding the ability to plant screening trees between the sports building and boundary of the neighbouring property, it was reported that landscape architects had been appointed to advise on the treatment of the screening, and had recommended the proposal as put forward.
• In response to the suggestion that the size of the performing arts building might be reduced, or the location altered, it was reported that a reduction in size would lose the value of the performing arts building as an assembly point for the whole school, which was of critical importance to the applicants. It was further reported that relocating the building would lead to issues around access, a significant impact on trees of high amenity value and would present problems around management of the school facilities.
• In response to concerns raised around the red tiled roof, it was reported that this was designed to pick up on the red-brick envelope of the building.

 

The Committee examined the plans and images relating to this application, and asked final questions of officers, during which the following points were made:

 

• In respect of the Ward case cited, the Committee received legal advice that they had an obligation to have regard for the character and appearance of the Conservation Area in their determination of the application, and to decide whether the application would preserve or enhance the Conservation Area. The specific case referred to was characterised by a pattern of a cascade of gardens. As one of the earliest designated in the borough, there was no full character appraisal of this Conservation Area; the brief description of its importance was set out as the Highgate Village streets and large buildings with large gardens. In this case it would be for the Committee to determine what the character of the Conservation Area consisted of, and then whether the application would preserve or enhance this quality.
• In response to a question regarding the need to plant anything in the area where it had been identified that a planter was required, it was reported that it had been considered important to provide landscaping to soften the boundary, as a lack of screening as judged to be harmful to neighbouring residents.
• It was noted that any decisions or approval to be delegated to officers under the terms of the conditions proposed in the event that the application were granted were to be taken in conjunction with the Chair of the Committee.

 

Marc Dorfman, Assistant Director for Planning, Regeneration and Economy, gave a summary of the points raised during the discussion of the application, and further proposed that the condition in respect of materials should be strengthened so as to also cover approval of fenestration and roofing, in accordance with the recommendations made by English Heritage. It was also proposed that the recommendation for a section 106 agreement should be amended to seek a minimum contribution of £20,000.00 (twenty thousand pounds) together with such other sums as are necessary to remedy any damage caused by the carrying out of the development to the Bank and public highway, to remedy the impact of the development upon the public highway.

 

The Chair moved the recommendations of the report, with the strengthened condition on materials to include approval of fenestration and roofing, and the change to the section 106 agreement to seek a minimum of £20,000.00 and the actual costs of any damage to the Bank and public highway arising from the construction of the development, and it was:

 

RESOLVED

 

(1)       That planning permission be granted in accordance with planning application no. HGY/2011/1576, subject to a pre-condition that the owners of the application site having first entered into an Agreement or Agreements with the Council under Section 106 of the Town & 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 106 Agreement securing a minimum of £20,000.00 (twenty thousand pounds) be set aside and be made available to the Council upon completion of the works to assist in the remediation of such impact as the development might have upon the public highway.

 

(1.2)        Before development commences and after development has been completed (but before it can be occupied) the appointed contractor would be obliged to provide a photographic and condition surveys of those areas of the Bank and public highway that may be affected by the scheme identifying those works necessary to remedy any damage arising from the construction of the development and to carry out those works (or to pay the Council to carry out those works) before the development can be occupied.

 

(1.3)        In the event that the Council does not carry out the remediation works within 5 years of the date of the completion of the approved works, the offer made pursuant to paragraph 1.1 then the School shall be released of its obligations contained in this paragraph.

 

(2)       That following completion of the Agreement referred to in (1) above, planning permission be granted in accordance with planning application no. HGY/2011/1576 and the Applicant’s drawing No’s 719.EX 001, 719.EX 221, 719.EX 401, 719.PL001, 719.PL002 Rev B, 719.PL101 Rev A, 719.PL102 Rev B -104 Rev B, 719.PL201 Rev B – 203 Rev B, 719.PL 211 Rev B – 213 Rev B, 719.PL221 Rev B, 719.PL 301 Rev B – 302 Rev B, 719.PL 401-404, 719.PL 501 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.

 

EXTERNAL APPEARANCE & SITE LAYOUT

 

3. Samples of all materials to be used for the external surfaces of the development shall be submitted to, and approved in writing by, the Local Planning Authority before any development is commenced. Samples should include sample panels or brick types and a roofing material sample combined with a schedule of the exact product references.

 

Reason: In order for the Local Planning Authority to retain control over the exact materials to be used for the proposed development and to assess the suitability of the samples submitted in the interests of visual amenity.

 

4. A final landscaping scheme for the treatment of the surroundings of the proposed development including the planting of trees and/or shrubs in addition to an associated maintenance regime shall be submitted to, approved in writing by the Local Planning Authority. The landscaping shall be completed within 12 months, or by the end of the first planting season, after the completion of the development to the satisfaction of the Local Planning Authority.Any trees, or plants which die within a period of 5 years from the completion of the development; are removed, or become seriously damaged, or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

 

Reason: In order to provide a suitable setting for the proposed development in the interests of visual amenity

 

5. Details of a scheme depicting those areas to be treated by means of new hard landscaping shall be submitted to, approved in writing by, and implemented in accordance with the approved details. Such a scheme to include a detailed drawing of those areas of the development to be so treated, a schedule of proposed materials and samples to be submitted for written approval on request from the Local Planning Authority.

 

Reason: In order to ensure the development has satisfactory landscaped areas in the interests of the visual amenity of the area.

 

6. Before the buildings hereby permitted are occupied the windows on the side elevation of the building facing No 112 The Bank shall be glazed with obscure glass only and shall be non-opening.

 

Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties

 

7. No external lighting, floodlighting or other means of external illumination shall be affixed to the external elevations of the buildings, or placed/erected within the site other than those approved in writing by the Local Planning Authority. Any external lighting or other means of external illumination shall be installed and thereafter retained in full accordance with the approved details.

 

Reason: To enable the local planning authority to retain control over these matters in the interests of the amenities of the adjoining properties.

 

TREE PROTECTION

 

8. All works associated with this development shall be undertaken in accordance with the detail as specified in the Arboricultural Report & Method Statement.

 

Reason: To safeguard the health of existing trees which represent an important amenity feature.

 

9. A pre-commencement site meeting must take place with the Architect, the consulting Arboriculturist, the Local Authority Arboriculturist, the Planning Officer to confirm tree protective measures to be implemented. All protective measures must be installed prior to the commencement of works on site and shall be inspected by the Council Arboriculturist and thereafter be retained in place until the works are complete. 

 

Reason: To safeguard the health of existing trees which represent an important amenity feature.

 

ENERGY EFFICIENCY / SUSTAINABILITY

 

10. A supporting statement shall be submitted demonstrating consistency with submitted Energy Assessment including the siting of the PV panels. Thereafter the renewable energy technology/ system shall be installed in accordance with the details approved and an independent post-instillation review, or other verification process as agreed, shall be submitted to the Local Planning Authority confirming the agreed technology has been installed prior to the occupation of the buildings hereby approved.

 

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, inline with national and local policy guidance.

 

11. A certificated BREEAM Post Construction Review, or other verification process agreed with the Local Planning Authority, shall be provided, confirming that the agreed standards have been met, prior to the occupation of the development.

 

Reason: To ensure that the proposal complies with the principles of sustainable development

 

PERMITTED DEVELOPMENT 

 

12. The proposed development shall have a central dish/aerial system for receiving all broadcasts for these buildings hereby approved, 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.

 

13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 no telecommunications antennae or associated equipment shall be erected on the exterior of this development, without a separate planning permission 

 

Reason: In the interest of orderly development and the visual amenities of the area, and in order to permit the Local Planning Authority to assess the design quality and appropriateness of any such features on the overall streetscape and appearance of the development.

 

CONSTRUCTION 

 

14. 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.

 

15. Prior to the commencement of work a Construction Management Plan including a scheme for the management of the construction traffic associated with implementing this scheme, shall be submitted to and approved in writing by the Local Planning Authority. The plan will specifically show the how traffic around the immediate road network are routed.

 

Reason: To ensure the construction period of the development does not result in unreasonable disturbance for neighbouring properties and to minimise vehicular conflict at this location.

 

16. The development hereby approved shall not commence until such time as a suitably qualified chartered engineer with membership of the appropriate professional body has been appointed to inspect, approve and monitor the critical elements of both permanent and temporary basement construction works throughout their duration to ensure compliance with the design which has been checked and approved by a building control body. Details of the appointment and the appointee's responsibilities shall be submitted to and approved in writing by the Council prior to the commencement of development. Any subsequent change or reappointment shall be confirmed forthwith for the duration of the construction works.

 

Reason: To safeguard the appearance and structural stability of neighbouring buildings and the character of the immediate are.

 

17. No development shall take place until the applicant has secured the implementation of a programme of archaeological work, in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority.

 

Reason: To enable archaeological investigation of the site.

 

18. The developer shall afford access at all reasonable times to any archaeologist nominated by the Local Planning Authority, and shall allow that person to observe the excavation and record items of interest and finds.

 

Reason: To enable archaeological investigation of the site.

 

Reason: To enable archaeological investigation of the site.

 

CONTROLS ON USE

 

19. The use of the premises for the purposes hereby permitted shall only take place between the hours of 7.00am and 10.30pm on weekdays and, Saturdays and between 9.00am and 10.00pm on Sundays. 

 

Reason: To ensure that the use does not prejudice the amenities of occupiers of neighbouring residential properties.

 

20. Prior to the commencement of the use/development a Community Use Scheme shall be submitted to and approved in writing by the Local Planning Authority. The Scheme shall include details of pricing policy, hours of use, access by non-school users/non-members, management responsibilities and include a mechanism for review. The approved Scheme shall be implemented upon commencement of use of the development.

 

Reason: To secure well managed safe community access to the sports facility and, to ensure sufficient benefit to the development of sport.

 

INFORMATIVE: The erection of the footway gantry, management of any footway diversions on Highgate Hill will require the developer to obtain the appropriate licences and/or traffic orders. The gantry will require a scaffold/hoarding licence which can be obtained from Haringey Council Traffic Management. The developer should telephone 0208 489 1712 for further information regarding this matter. The developer will need to liaise direct with Transport for London Buses regarding the use of the bus stand in North Road during the construction period.

 

INFORMATIVE: The Environmental Agency recommend that the surface water management good practice advice in cell F5 is used to ensure sustainable surface water management is achieved as part of the development.

 

INFORMATIVE: 'The development of this site is likely to damage historic assets of archaeological interest. The applicant should therefore submit detailed proposals in the form of an archaeological project design. This design should be in accordance with the appropriate English Heritage guidelines.'

 

REASONS FOR APPROVAL

 

The reasons for the grant of planning permission are as follows:

 

(a) The proposal is acceptable for the following reasons:

 

I.                     The design, form, detailing and facing materials of the proposed buildings and associated landscaping are considered acceptable;

II.                   The proposal will provide a high quality education facility which will provide enhanced opportunities for sports, performing arts and learning with wider benefits for the local community;

III.                  The scheme achieves an acceptable relationship in terms of its setting adjacent to Listed Buildings and the character and appearance of this part of the conservation area;

IV.               The scheme is also considered acceptable in terms of its relationship with neighbouring residential properties and environmental, ecological and sustainability issues.

 

(b) The proposed development accords with strategic planning guidance and policies as set out in the Adopted Haringey Unitary Development Plan (July 2006); in particular the following G1 'Environment', G2 'Development and Urban Design', G9 'Community Wellbeing', UD2 'Sustainable Design and Construction', UD3 'General Principles', UD4 'Quality Design', UD7 'Waste Storage', ENV5 'Noise Pollution', M4 'Pedestrian & Cyclists', M10 'Parking for Development', CW1 'New Community/Health Facilities', OS17 'Tree Protection, Tree Masses and Spines', CSV1 'Development in Conservation Areas', CSV2 'Listed Buildings', CSV5 'Alterations and Extensions in Conservation Areas', CSV8 'Archaeology' and Haringey Supplementary Planning Guidance (October 2006); SPG1a 'Design Guidance and Design Statements', SPG2 'Conservation and Archaeology', SPG5 'Safety by Design', SPG7a 'Pedestrian & Vehicular Movement', SPG7b 'Travel Plans', SPG8b 'Materials', SPD Housing.

 

 

Section 106: Yes