Agenda item

Application for a new planning permission to replace an extant planning permission HGY/2008/2319 for retention of pub use at ground and basement levels, with refurbishment of upper floors to form 1 x 3 bed, 1 x 2 bed and 1 x 1 bed flat.  Demolition of existing side extensions and erection of new three storey side extensions and erection of new three storey rear extension comprising 3 x 1 bed and 1 x 2 bed flats.

RECOMMENDATION: Grant permission subject to conditions and subject to Sec. 106 Legal Agreement.

The Committee considered a report, previously circulated, which set out the application for planning permission to replace an extant permission for retention of pub use at ground and basement levels, with refurbishment of upper floors to form flats at the Nightingale, 40 Nightingale Lane, N8. The report set out details of the site and surroundings, the proposal, planning history, relevant planning policies, consultation and responses, analysis, CIL applicable, human rights and equalities considerations and recommended that permission be granted, subject to conditions and 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 as an application to replace an extant permission, the Committee could consider all issues relating to the application but must bear in mind the previous permission granted and would need robust reasons for any significant difference in view from the previous decision.
• The Committee noted that London Stock bricks could vary significantly in shade, and felt that the materials used in this development should reflect the existing surrounding structures, it was also felt to be important that the window frames used were of a good standard.
• It was confirmed that the proposed materials condition would cover issues raised in respect of the choice of brick to be used and the window frames. It was confirmed that the specific views expressed by the Committee during its meeting would be communicated to the officer managing the condition to ensure that these were taken into consideration; a robust system should be established to ensure that this information was passed on as a matter of course.
• The Planning Officer confirmed that all conditions on an application were enforceable, but there was a need to monitor during construction in order to effectively ensure that conditions were abided by – the Planning Enforcement team were working towards a more proactive approach to such issues.

 

Cllr Monica Whyte, Ward Councillor, addressed the Committee with some concerns regarding the application, these being:

 

• Car parking – whether this would be on-site or on-street, especially in light of the potential introduction of a nearby CPZ.The transportation officer advised that the number of spaces proposed to be provided on-site was assessed to be adequate and that there were no plans to introduce a CPZ which would directly affect this site. It was further reported that there were no concerns regarding on-street parking pressure in this locality.
• In respect of the noise from the pub, whether it would be possible to add a condition to regulate the use of the outside space associated with the pub. It was agreed that such a condition would be possible.

 

In their final discussions on the application, the Committee requested that a note go on file to ensure that the recommendations of the Committee were communicated to the officer managing the implementation of the conditions, and that further clarification of the process by which such views would be taken forward within the planning process should be developed.

 

The Chair moved the recommendation of the report and, with the addition of a condition regulating the use of the outside space for the pub, it was:

 

RESOLVED

 

That planning permission HGY/2012/1258 be granted subject to:

 

• Conditions as below and an additional condition regulating the use of the outside space associated with the pub;
• A legal agreement under S106 of the Town and Country Planning Act 1990 (as amended)
• And in accordance with the approved plans as follows:

 

389/IN/001,002 RevA, 003; 389/P/100/5RevA, 389/P/101RevB, 389/P/102RevB, 389/P/103RevA, 389/P/200RevC, 89/P/201RevC, 389/P/204RevA

 

TIME LIMIT

 

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.

           

            PLANS

 

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

 

3.         Samples of all materials to be used in conjunction with the proposed development for all the external surfaces of buildings hereby approved, areas of hard landscaping and boundary walls 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.

 

            LANDSCAPING

           

4.         Details of a scheme depicting  those areas to be treated by means of 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

 

            FENCING

 

5.         Before the commencement of any works on site, a fence or wall, materials to be agreed with the Local Planning Authoity, shall be erected and permanently retained for all site boundaries.

 

Reason: In order to ensure a satisfactory  means of enclosure for the proposed development.

 

HOURS OF CONSTRUCTION

 

6.         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 1200 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.

 

7.         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 camed out on the site Green Roof.

 

DWELLING MIX

 

8.         That the accommodation hereby approved shall be implemented in accordance with the approved plans in order to provide 1X 3bedroom, 2X 2bedrooms 4X 1bedrooms self contained flats.

 

Reason: In order to comply with the Council's Conversion Policy Dwelling Mix requirements.

 

            WASTE MANAGEMENT

 

9.         That a detailed 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.

 

DESIGNING  OUT  CRIME PRINCIPLES

           

10.       The residential buildings proposed by the development hereby authorised shall comply with BS 8220 (1986) Part 1 'Security Of Residential Buildings' and comply with the aims and objectives of the police requirement of 'Secured By Design' & 'Designing Out Crime' principles.

 

Reason: In order to ensure that the proposed development achieves the required crime prevention elements as detailed by Circular 5/94 'Planning Out Crime'.

 

CENTRAL  AERIAL  SYSTEM

           

11.       The proposed development  shall have a central dish/aerial system for receiving all broadcasts for all 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.

 

            CONTAMINATED LAND

 

12.       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.

 

            GREEN ROOF

 

13.       Full details of an extensive green roof shall be submitted to and approved in writing by the Local Planning Authority prior to any development works. The green roof submission must provide/comprise of the following information:

 

a) biodiversity based with extensive/semi-intensive soils

 

b) substrate which is commercial brick-based aggregate or equivalent with a varied substrate depth of 80 -150mm planted with 50% locally native herbs/wildflowers in addition to sedum.

 

c) There should be a minimum of 10 species of medium ecological value and as listed in the Environment Agency's Green Roof Toolkit.

 

d) include additional features such as areas of bare shingle, areas of sand for burrowing invertebrates

 

e) a report from a suitably qualified ecologist specifying how the living roof has been developed for biodiversity with details of landscape features and a roof cross section. The green roof must be installed and rendered fully operational prior to the first occupation of the development and retained and maintained thereafter.

 

No alterations to the approved scheme shall be permitted without the prior written consent of the Local Planning Authority. Evidence that the green roof has been installed in accordance with the details above should be submitted to and approved by the Local Planning Authority prior to first occupation.

 

            CYCLE  PROVISION

 

14.      That the applicant shall provide secure cycle storage for eight bicycles as part of the above planning consent.

           

Reason: To encourage the use of sustainable modes of transport.

 

15.     That the outside forecourt area of the public house shall only be used for quiet sitting and drinking and shall only be used between the hours of 3pm and 11pm on any day of the week.

 

            Reason: in order to protect the amenties of nearby properties

 

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 Local Land 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.

                  

 Informative

The new development will require numbering. The applicant should contact Local Land 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.

                  

 Informative

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