Agenda item

Mixed use development providing commercial units along Lymington Avenue and 66 residential units arranged from 2 - 6 storeys, with parking and private amenity areas to the rear.

RECOMMENDATION: That planning permission be granted, subject to conditions and a s106 legal agreement.

Cllr Peacock rejoined the Committee.

 

The Committee considered a report, previously circulated, in respect of the planning application at Lymington Avenue N22 6JB. The report set out details of the proposal, the site and surroundings, planning history, relevant planning policy, consultation and responses, planning obligations, human rights and equalities, and recommended that the permission be granted subject to conditions and a s)106 agreement. The Planning Officer gave a presentation outlining the key aspects of the application and responded to questions from the Committee.

 

 

·      In response to concerns about the potential for the overshadowing of properties in the roads to the rear of the scheme, the design elements proposed to mitigate these risks were noted including the stepped form of the development. 

 

·      Confirmation was provided that the provision of further car club spaces on Lymington Avenue would be subject to review in line with the demand arising from the scheme.

 

·      It was confirmed that further discussions would be required with the developers regarding the objection from a local resident to the location of a bin store backing onto 98 Pelham Road. As such, it was agreed that a condition be added to require the submission of further details to the Council in this regards before the development commenced with a viewing to minimising the impact on Pelham Road.

 

·      It was requested that an informative be added for the developers to consult with local ward Councillors with regards to the naming the scheme.

 

·      Members raised concern over the impact of the development on the number of narrow pathways in the vicinity of the scheme. It was confirmed that the planning agreement set out a 3m minimum width of footways around the development.

 

 

RESOLVED

 

·      That planning application HGY/2012/0770 be approved 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 & 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 £.335,000.00 towards educational facilities within the Borough according to the formula set out in Policy UD8 and Supplementary Planning Guidance 10c of the Haringey Unitary Development Plan July 2006;

 

(1.2) A contribution of £80,000.00 towards walking and cycling improvements within the local area;

 

(1.3) A car-free development.  The residential units must be defined as car-free and therefore no residents therein will be entitled to apply for a resident’s parking permit under the terms of the of the relevant TMO controlling on-street parking in the vicinity of the development.

 

(1.4) An open space contribution of £85,000.00

 

(1.5) The developer to pay a administration / monitoring cost of £1,500.00 in connection with this Section 106 agreement.

 

(1.6) A sum of £1,000.00 made towards the amendment of the relevant Traffic Management Order(s) (TMO) controlling on-street parking in the vicinity of the site to reflect that other than the 11 car parking spaces proposed the residential units hereby approved shall be designated 'car free' and therefore no residents therein will be entitled to apply for a residents parking permit under the terms of this Traffic Management Order(s) (TMO).

 

(1.7) A contribution towards local Employment and Construction Training initiatives;

 

(1.8)  50% of housing units will be affordable as agreed with Haringey Council.

 

(1.9) A Residential Travel Plan must be submitted to the Council as part of a detailed Travel Plan.

 

(2.0) That the Agreements referred to in the resolution above is to be completed within such extended time as the Council's Assistant Director (Planning Policy and Development) shall in his sole discretion allow; and

 

(2.1) That in the absence of the Agreements referred to in the resolution above being completed within the time period provided for in the resolution above, the planning application reference number HGY/2012/0770 be refused for the following reason:

 

The proposal fails to provide a contribution of £.335,000.00 towards educational facilities within the Borough, a contribution of £80,000.00 towards walking and cycling improvements within the local area, a car-free development, an open space contribution of £85,000.00, to pay a administration / monitoring cost of £1,500.00 in connection with this Section 106 agreement, sum of £1,000.00 made towards the amendment of the relevant Traffic Management Order(s) (TMO) controlling on-street parking in the vicinity of the site, a contribution towards local Employment and Construction Training initiatives, 50% of affordable housing units and provision of a Residential Travel Plan.

 

·      That following completion of the agreement referred to above, planning permission be GRANTED in accordance with planning application HGY/2012/0770 and the application drawings and conditions outlined below:

 

IMPLEMENTATION

 

            CONDITIONS

 

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.      Notwithstanding the description of the materials in the application, no development shall be commenced until precise details and 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 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.      Notwithstanding any indication on the submitted drawings, details of the siting and design of all walls, gates, fencing, railings or other means of enclosure shall be submitted to and approved in writing by the Local Planning Authority prior to the  commencement of the development. The walls/ gates/ fencing/ railings/ enclosures shall be erected in accordance with the approved details following completion and occupation of the building hereby approved.

 

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

 

6.      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 units are occupied and thereafter carried out in 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.

 

PERMITTED DEVELOPMENT 

 

7.      Notwithstanding the Provisions of Article 4 (1) and part 25 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, no satellite antenna shall be erected or installed on the building hereby approved. The proposed development shall have a central dish or aerial 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 protect the visual amenities of the neighbourhood.

 

8.      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 

 

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. No demolition or construction works shall commence prior to the submission and approval in writing by the Local Planning Authority of a Construction Management Plan and a Construction Logistics Plan (in accordance with Transport for London guidelines), which shall include:

 

·        details of site enclosure throughout construction;

·        details of the measures proposed to minimise the impact of the construction processes on the amenities of the occupiers of neighbouring properties, including monitoring and control measures for dust, noise, vibration, lighting and working hours,

·        details of the site or Contractor Company be registered with the Considerate Constructors Scheme;

·        details of secure off street loading and drop off facilities,

·        measures proposed to prevent the passage of mud and dirt onto the highway by vehicles entering and leaving the site;

·        a need to take into account any restrictions that may be in place during the Olympic period.

 

Thereafter all construction works shall be carried out in accordance with the approved details.

 

Reason: In order to ensure that the proposal does not prejudice the enjoyment of neighbouring occupiers of their properties.

 

CONTAMINATED LAND:

 

11. 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:

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.  This shall be with reference to the London Code of Construction Practice.  In addition either the site or the Demolition Company must 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.  

 

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.

 

 

TRANSPORTATION

           

12. The applicant/ Developer are required to submit a Construction Management Plan (CMP) and Construction Logistics Plan (CLP) for the local authority’s approval prior to construction work commences on site. The Plans should provide details on how construction work (inc. demolitions) would be undertaken in a manner that disruption to traffic and pedestrians on Noel Park Road and Lymington Avenue is minimised. It is also requested that construction vehicle movements should be carefully planned and co-ordinated to avoid the AM and PM peak periods.

 

Reason: To reduce congestion and mitigate any obstruction to the flow of traffic on the transportation

           

13. The applicant/ Developer will be required to contribute by way of a S.106 agreement £80,000 (Eighty Thousand Pounds) for local transport infrastructure enhancement within the local area surrounding the site.

 

Reason: To provide enhance walking and cycling facilities in order to promote travel by sustainable modes of transport to and from the site.

           

14. The applicant/ Developer will be required to contribute by way of a S.278 agreement as sum of (£) for the implementation of a new Bell mouth access to the proposed Car Park

 

Reason: To facilitate vehicular access to the development site. 6. The applicant enters into a S.72 (Highways Act 1980) agreement with the Council to dedicate a strip of land as per the revised drawing ( 1201_P_200 A) at the southern periphery of the site along Lymington Avenue from the junction with Noel Park Road to the boundary with 60 Pelham Road.

 

Reason: To improve the conditions for pedestrians at this location, bay providing a footway with a minimum width of 3 metres.

           

 

INFORMATIVE

The new development will require naming. The applicant should contact the Local Land Charges at least six weeks before the development is occupied (tel. 020 8489)

 

 

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 proposed development of this site for flatted use is considered acceptable as it is compatible with surrounding uses;

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

III. The scheme achieves an acceptable relationship in terms of its setting within the streetscene and the appearance adjacent but not within the Noel Park Conservation area;

IV. The scheme is also considered acceptable in terms of its relationship with neighbouring residential properties and the properties to the east and south of the application site including the Wood Green Metropolitan Shopping Area.

VI. The scheme will be car free, thus minimising the impact the traffic impact of the development.

 

(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, G3 Housing Supply, G4 Employment, G5 Town Centre Hierarchy, G10 Conservation, UD2 Sustainable Design and Construction, UD3 General Principles, UD4 Quality Design, UD6 Mixed Use Developments, UD7 Waste Storage, UD8 Planning Obligations, UD10 Advertisements, HSG1 New Housing Development, HSG4 Affordable Housing, HSG10 Dwelling Mix, M9 Car-Free Residential Developments, OS15 Open Space Deficiency and New Developments, OS17 Tree Protection, Tree Masses and Spines, SPG8b ‘Materials’ and the Council's 'Housing' Supplementary Planning Document (2008).

 

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.

 

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.

 

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.