Agenda item

Erection of a two storey building comprising of a two-bedroom house

 

RECOMMENDATION

 

GRANT PERMISSION subject to conditions

 

 

The Committee considered a report, previously circulated, on the application for planning permission for erection of a two storey building comprising of a two-bedroom house at The Cornerways, Ellington Road, Muswell Hill N10. The report set out images and details of the site and surroundings, details of the application, planning history, relevant planning policy, consultation and responses, human rights and equalities issues and recommended that the application be granted, subject to conditions. The Planning Officer gave a presentation on key aspects of the report, and advised of the following amendments to the conditions as set out in the report:

 

Condition 3: “….approved in writing and thereafter implemented in accordance with the requirements of the Local Planning Authority”

 

Condition 7: “…no development otherwise permitted by any part of Class A, B, C, D, E & F of Part 1 to Schedule 2 of that Order shall be carried out on site.”

 

Condition 11: “… The approved plans should must be adhered to throughout the construction period and shall provide details on:….”

 

The Committee discussed the application, and the following points were raised during this discussion:

 

• Officers felt that the current application was more discreet than the previous, refused, application. As a consequence, it was not felt to compete with the character of the surrounding area.
• Concern was expressed that there did not appear to be a policy in respect of developments of this nature, however it was noted that this was a highly unusual garden site, and that it was necessary to assess every application on the basis of its merits. This site did not constitute a backland site, as it fronted onto two roads.
• Mr Dorfman acknowledged that the report was not explicit with regards to the policies relevant to this application, and this would be addressed in future reports. Supporting policies were in place within the UDP and would also be incorporated into the Local Development Framework; consideration would then be given as to whether there were any elements of these policies required strengthening.
• The Committee noted the Planning Inspector’s opinion that the previous scheme was not in keeping with the surrounding area.

 

A local resident who lived next door to the site addressed the Committee in objection to the application, and made the following points:

 

• The primary concern was the height of the building in relation to the window of the neighbouring property, as this was an important source of light to the house next door.
• The pictures shown in the officer’s presentation were out of date, as there was significantly less screening of the site now.
• If the height of the building were below the 6ft fence between the properties, this would be acceptable in terms of light levels, but if it were higher than the 6ft fence, as was indicated by the drawings, then the neighbours would strongly object.
• The neighbouring property had been designed as an end-site, and the residents had enjoyed light from the side-window for many years. Any proposal which would block this light would change the nature and atmosphere of their house, and have a negative impact on the residents.
•  Concern was expressed in the event that works were commenced but not finished, due to the nature of the excavations required.

 

The Committee asked questions of the objector, and the following issues were discussed:

 

• The objector confirmed that no notice had been given under the Party Wall Act.
• The fence had been moved to its current position after the original planning application on the site had been refused.
• The objector did not object to the design of the proposal, as long it was not visible from his property.
• There needed to be careful assessment of the site in respect of drainage.

 

The architect for the scheme addressed the Committee in support of the application and made the following points:

 

• The site was currently unkempt, and had previously been used to store building materials.
• A similar scheme in the borough, by the same architect, had been nominated for a design award – such schemes could work and be appreciated on their own merits.
• This would provide a new, sustainable family dwelling, and was highly energy efficient.

 

Cllr Peacock declared a personal interest at this point, as her cousin had been the client for the other scheme referred to by the architect in his presentation.

 

In response to questions from the Committee to the applicant, the following points were made:

 

• The intention was for the building not to exceed the height of the 6ft boundary fence, and there was no intention to interfere with the light to the neighbouring property. The applicant would be happy to accept a condition requiring a rights of light study to be undertaken, if the Committee wished.
• With regards to the concerns raised regarding drainage, it was confirmed that most of the area was clay, and that when the excavations were undertaken, a lower structure would be installed in order to support the ground.
• It was confirmed that considerate contractor guidelines would be followed during works in order to mitigate the impact on neighbours.

 

The Committee considered the application further:

 

• In response to a concern regarding the development being crowded, it was reported that the proposal only occupied 50% of the plot.
• The applicant agreed that they would be happy to accept a condition requiring the use of brick rather than render as a finish.
• In response to issues raised by the Committee in respect of fencing / screening, and that the green roof not be used as an amenity space, it was noted that the proposed conditions 4,5,6 and 8 addressed the issues raised, as well as the amendment to condition 7 to include all Classes A-E.

 

The Committee examined the drawings and plans supplied.

 

• It was noted that the nature of this site was very unusual, and that the proposal offered a neat and architecturally appropriate scheme which would terminate the terrace on Cranley Gardens. There was an existing structure on the site, in the form of a shed.
• It was noted that the applicant would be encouraged to use brick rather than render under the terms of the proposed condition regarding materials.
• It was proposed that condition 2 be amended to state that the building should be no more than 1.8m high as measures from the level of the path dividing the site and the neighbouring property on Cranley Gardens.
• An additional condition was proposed in respect of requiring considerate contractor rules to be followed, with an informative that no work should be undertaken on a Saturday.
• An additional informative was proposed that the roof should combine a green roof and solar panels.
• It was suggested that the existing condition in respect of boundary treatment be strengthened to ensure that the front-facing boundary was on an appropriate standard.

 

Taking into account the proposed additional conditions in respect of considerate contractor guidelines, the amendments of the proposed conditions as set out in the officer presentation and in respect of the specific height of the building and boundary treatment, and the additional informatives in respect of no work taking place on Saturdays and the combination of green roof and solar panels, the recommendation of the report was moved and it was:

 

RESOLVED

 

That, with the additional conditions in respect of considerate contractor guidelines, the amendments of the proposed conditions as set out in the officer presentation and in respect of the specific height of the building and boundary treatment, and the additional informatives in respect of no work taking place on Saturdays and the combination of green roof and solar panels, planning application HGY/2011/1868 be granted, subject to 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. In particular the building heights and levels as specifically shown on the approved drawings shall be adhered to.

 

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. Notwithstanding the boundary treatment indicated on the submitted plans full details of the proposed front boundary treatment (wall, piers & gates) shall be submitted to, approved in writing by the Local Planning Authority and thereafter implemented in accordance with the approved plans/ detail.

 

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

 

5. 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. Such a scheme shall include a schedule of species and a schedule of proposed materials/ samples to be submitted to, and approved in writing by the Local Planning Authority.

 

The approved landscaping scheme shall thereafter be carried out and implemented in strict accordance with the approved details in the first planting and seeding season following the occupation of the building or the completion of development (whichever is sooner).  Any trees or plants, either existing or proposed, which, within a period of five years from the completion of the development die, are removed, become damaged or diseased shall be replaced in the next planting season with a similar size and species.  The landscaping scheme, once implemented, is to be maintained and retained thereafter to the satisfaction of 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. Prior to the first occupation of the building a plan showing details of the green roof including species, planting density, substrate and a section at scale 1:20 showing that adequate depth is available in terms of the construction and long term viability of the green roof, and a programme for an initial scheme of maintenance shall be submitted to and approved in writing by the local planning authority. The green roof shall be fully provided in accordance with the approved details prior to first occupation and thereafter retained and maintained in accordance with the approved scheme of maintenance

 

Reason: To ensure that the green roof is suitably designed and maintained.

 

            PERMITTED DEVELOPMENT RIGHTS

 

7. 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, D & E of Part 1 to Schedule 2 of that Order shall be carried out on site.

 

Reason: To safeguard the amenities of neighbouring occupiers and the general locality.

 

8. The roof of the extension hereby permitted shall only be used in connection with the repair and maintenance of the building and shall at no time be converted to or used as a balcony, roof garden or similar amenity or sitting out area without the benefit of the grant of further specific permission in writing from the Local Planning Authority.

 

Reason: To ensure that the amenities of the occupiers of adjoining properties            are not prejudiced by overlooking.

 

            CONSTRUCTION

 

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 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.

 

10. Prior to the commencement of the development hereby permitted an assessment of the hydrological and hydro-geological impacts of the development and any necessary mitigation measures found to be necessary shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the details approved.  

 

Reason: To ensure the development provides satisfactory means of drainage on site and to reduce the risk of localised flooding.

 

11. No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority.  The approved plan shall include identification of potential impacts of basement developments, methods of mitigation of such impacts and details of ongoing monitoring of the actions being taken.  The approved plans should be adhered to throughout the construction period and shall provide details on:

i. The phasing, programming and timing of the works; taking into account additional development in the neighbourhood;

ii. Site management and access, including the storage of plant and materials used in constructing the development;

            iii. Details of the excavation and construction of the basement;

            iv. Details showing how the front façade will be protected during           construction;

            v. Measures to ensure the stability of adjoining properties,

            vi. Vehicle and machinery specifications.

 

Reason: In the interests of residential amenity and highway safety

 

 

REASONS FOR APPROVAL

 

The proposed building in terms of its siting, form and associated landscaping is considered to be designed sensitively in terms of its relationship within adjoining and neighbouring properties. The building is a more discrete building in comparison to the previously refused schemes. The proposal will not adversely affect the residential and visual amenities of adjoining occupiers and will not adversely affect parking conditions in the immediate surroundings. As such the proposal is considered to be in accordance with policies UD3 'General Principles', UD4 'Quality Design', HSG1 ‘New Housing Development’ 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.

 

INFORMATIVE: The proposed development requires a redundant crossover to be removed. The necessary works will be carried out by the Council at the applicant's expense once all the necessary internal site works have been completed. The applicant should telephone 020 8489 1316 to obtain a cost estimate and to arrange for the works to be carried out.

 

INFORMATIVE: The new development will require numbering. The applicant should contact the Local Charges at least six weeks before the development is occupied (tel. 020 8489 5573) to arrange for the allocation of a suitable address.

 

 

Please note that the conditions referred to in the minutes are those as originally proposed in the officer's report to the Sub-Committee; any amended wording, additional conditions, deletions or informatives agreed by the Sub-Committee and recorded in the minuted resolution, will, in accordance with the Sub-Committee's decision, be incorporated into the Planning Permission as subsequently issued.