Agenda item

Application to replace an extant planning permission reference HGY/2009/1768 in order to extend the time limit for implementation, for demolition of 32 existing lock-up garages and erection of 4 x 2 / 3 storey three bedroom houses with associated landscaping and 8 parking spaces.

RECOMMENDATION: Grant permission to replace extant permission.

The Committee considered a report, previously circulated, on the application to replace an extant planning permission due to expire on 15 January 2013 for the land to the rear of 27-47 Cecile Park, N8. The report set out details of the proposal, the site and surroundings, planning history, relevant planning policy, consultation and responses, analysis, equalities and human rights implications and recommended to grant approval to replace the extant permission. Vincent Maher, the Council’s Head of Development Management, gave a short presentation highlighting the key aspects of the report. It was advised that the site had a long planning history including numerous planning appeals considering issues including the impact of redevelopment on the character and appearance of the Conservation Area and on the residential amenity, the loss of garages currently located on the site and the design and form of the proposed development. The most recent planning appeal in 2009 found the proposed scheme to be acceptable subject to a reduction in the number of units down to four. Subsequent to this, the current planning approval had been granted for the demolition of 32 lock up garages on the site and the erection of 4 two storey three bedroom homes by Planning Committee on 15 January 2010.

The Committee examined the drawings and plans.

Two local residents addressed the Committee in objection to the application and raised the following issues in their presentations and responses to questions from the Committee:

·        That the plans and cross-sections submitted as part of the application were misleading and did not accurately reflect current rear extensions and rear gardens to adjoining houses on Tregaron Avenue and Elm Grove and therefore their proximity to the development site. The accuracy of the tree profiles and the height of one of the proposed houses was also questioned, resulting in concerns over the impact of the development on neighbouring properties, in particular a detrimental effect on privacy. Concerns were raised over the potential for misleading plans to have prejudiced the most recent planning appeal although on questioning, it was confirmed that the Planning Inspector had additionally undertaken a comprehensive site visit as part of his investigation.

·        Owing to the introduction of a CPZ in the area and a subsequent increase in parking pressures in the locality, retention of the existing use of the site for garages would now be of more value to local residents.

·        Concerns were expressed on the risks associated with removal of the asbestos roofing from the garages during demolition and treatment for potential Japanese knotweed on the site.

·        It was considered that there had been a lack of engagement by the developers with local residents and that further consultation should be undertaken on current plans in order to seek to find a way forward to satisfy both parties. 

The architect commissioned by the applicant addressed the Committee in support of the application and responded to questions:

·        It was emphasised that over the history of the planning applications made for the site, the number of dwellings had reduced from 8 down to 4, and which had been deemed acceptable at the most recent planning appeal in 2009. 

·        Confirmation was provided that a meaningful start had been made to ground works on site including demolition of the garages although it was acknowledged that progression had been adversely impacted and delayed as a consequence of the recession.

·        It was confirmed following a question from the Committee, that a separate revised planning application for the site had been submitted to the Council subsequent to the application currently being considered. The architect explained that the new application intended to offer an alternative and improved scheme for the site in terms of design and appearance and to better reflect the local character of the area. The separate application was progressing through the planning application process and had yet to reach the decision phase. In light of this information, the Committee was advised by Marc Dorfman that they must only have regard to the current application put before them and the associated recommendation made by officers and to disregard the issue of submission of a subsequent application.

Vincent Maher summarised the discussions and advised that the extant permission granted by the Committee in January 2010 and the Planning Inspectors appeal decision in June 2009 were both material considerations that Members had to have regard to in determining the current application. Protecting the character and appearance of the conservation area was also a material consideration.

Following a question from the Committee, confirmation was provided that no significant changes had been made to any relevant policies or plans pertaining to planning determinations since the extant approval was granted and that Members would need to have specific regard to in considering the current application. The London Plan 2011 and National Planning Policy Framework were now in implementation but did not significant impact per se on the application and its determination.

Confirmation was provided that Council planning officers had visited the site and had been satisfied with the proximity of proposed dwellings on the site to neighbouring properties to the rear and the front in response to concerns raised about overlooking. In response to concerns raised by the objectors about the validation of the final maximum height of the proposed houses, it was proposed, should the application be approved, that a condition be added to require approval of the proposed slab levels by the Council.    

The Chair moved the recommendations of the report and it was

RESOLVED

·        That planning permission be granted for application HGY/2012/1801 to replace extant permission subject to the following 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.

SITE LAYOUT & EXTERNAL APPEARANCE

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.

4. A detailed scheme for the provision of refuse, waste storage and recycling 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.

5. Notwithstanding the details of landscaping referred to in the application, a scheme for the landscaping and treatment of the surroundings of the proposed development to include detailed drawings of: Those new trees and shrubs to be planted together with a schedule of species shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of the development. Such an approved scheme of planting, seeding or turfing comprised in the approved details of landscaping shall 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 for the Local Authority to assess the acceptability of any landscaping scheme in relation to the site itself, thereby ensuring a satisfactory setting for the proposed development in the interests of the visual amenity of the area.

CONSTRUCTION

6. Details of the proposed foundations in connection with the development hereby approved and any excavation for services shall be agreed with the Local Planning Authority prior to the commencement of the building works.

Reason: In order to safeguard the root systems of those trees on the site which are to remain after building works are completed in the interests of visual amenity.

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 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.

8. 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 Authority.

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.

9. Details of a scheme for ensuring that the proposed development complies with the requirements of the Fire and Community Safety Directorate of the London Fire and Emergency Planning Authority shall be submitted to and approved by the Local Planning Authority prior to the commencement of the works. Such agreed scheme to be implemented and permanently retained to the satisfaction of the Local Planning Authority prior to the occupation of all or any of the housing being built.

Reason: In order to ensure that the proposed development meets the required fire safety standards prior to the occupation of the properties being built.

10. 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.

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

            PERMITTED DEVELOPMENT RIGHTS

12. Notwithstanding the provisions of Schedule 2, Part 1 of the Town & Country Planning General Permitted Development Order 1995, no enlargement, improvement or other alteration of any of the dwellings hereby approved in the form of development falling within Classes A to H shall be carried out without the submission of a particular planning application to the Local Planning Authority for its determination.

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

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.