Agenda item

A reserved matters application (including appearance, layout, access, scale and landscaping) in relation to outline consent no HGY/2010/1897 for Pavilions E3 and E4 and basement car park beneath building plots E3, E4 and E5 forming part of the Hale Village Masterplan Plan and discharge of Conditions 1, 4, 5, 6, 7, 8, 11, 12, 15, 41 and 42 attached to the outline consent. Redevelopment comprising of 2 no. ten storey Pavilion buildings including 142 no. residential units and basement car parking comprising 87 no. spaces and associated works.

RECOMMENDATION: Grant permission subject to conditions and the completion of a s106 legal agreement (or the receipt of an acceptable unilateral undertaking from the applicant) setting out ‘proportionate liability’ for ‘Payment Three’ (if unpaid by the Hale Village owner) as set out in the existing s106 agreement for Hale Village completed in March 2012.

The Committee considered a report, previously circulated, seeking approval of a reserved matters application (including appearance, layout, access, scale and landscaping) in relation to outline consent no HGY/2010/1897 for Pavilions E3 and E4 and basement car park beneath building plots E3, E4 and E5 forming part of the Hale Village Masterplan Plan and discharge of Conditions 1, 4, 5, 6, 7, 8, 11, 12, 15, 41 and 42 attached to the outline consent. The redevelopment would comprise of 2 ten storey Pavilion buildings incorporating 142 residential units and basement car parking comprising 87 spaces and associated works. 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 permission subject to conditions and the completion of a s106 legal agreement (or the receipt of an acceptable unilateral undertaking from the applicant) setting out ‘proportionate liability’ for ‘Payment Three’ (if unpaid by the Hale Village owner) as set out in the existing s106 agreement for Hale Village completed in March 2012.

Vincent Maher gave a short presentation highlighting the key aspects of the report. Outline planning permission for Hale Village had been granted in 2007 and renewed in 2012 and approved the siting of the two Pavilion residential buildings in question. The current application sought consent for reserved matters, with the height and design of the buildings to closely mirror that of two Pavilions approved and subsequently built adjacent to the application site (E1 and E2). It was advised that the proposed building and storey heights exceeded that set out within the outline planning permission but was inline with the approval granted by Planning Committee for Pavilions E1 and E2. The application was also considered acceptable with regards to the Hale Village design code, GLA floor and Secure by Design standards, provision of community spaces and parking provision. 

It was advised that two objections had been received from local residents during the consultation period concerning insufficient parking provision and objections to the separation between private and affordable homes in Hale Village. The Committee noted within the report the comments provided by officers in response.  

The Committee examined the drawings and plans.

The following points were raised in discussion of the application by the Committee:

·        In response to a question it was confirmed that provision would be made for car club access within the Hale Village development, with discussions currently underway with Zipcar.

·        The Committee questioned the potential for the Council to revise the s106 agreement for the development in light of the developers intention to construct an additional two storeys to each Pavilion, thereby increasing the number of units for sale. Confirmation was provided that the Hale Village outline planning permission allowed for up to 1210 dwellings to be constructed, and which with the additional Pavilion storeys, still would not currently be exceeded. In addition, the calculation of s106 monies was linked to the terms of the original agreement thereby constraining the ability to seek a revision. Marc Dorfman confirmed that officers were not recommending at the present time that any changes be made to the s106 agreement in recognition of the importance of ensuring an appropriate agreement was in place that the scheme could bear, particularly in light of the long standing viability issues in bringing the Hale Village scheme to fruition and its significant contribution to wider regeneration in Tottenham. The legal officer advised that the contributions payable by the Applicant would be on a proportionate basis which meant that such contributions would depend on the amount of floorspace developed and even then such payments would only become payable in the event Hale Village Properties Limited defaulted in payments of contributions that they were liable for under the 2012 s106 agreement.

In recognition of the complexity of the s106 agreement and process for the Hale Village scheme and changes made as a consequence of the downturn in the housing market, the Committee requested circulation of a short 2 page summary document covering the s106 history and schedule for the scheme for future reference. In addition, written answers were also sought for circulation to the Committee in response to the following questions in order to provide clarification:

·        The amount of the original s106 agreement for Hale Village

·        The amount paid to date under the agreement

·        The amount outstanding to date under the agreement and the date this was scheduled for payment

The importance was also emphasised of planning reports being written in Plain English, particularly when covering complex issues such as s106 agreements, in order to ensure that the details were clearly conveyed and comprehensible to Members and residents.

The Chair moved the recommendations of the report and it was

RESOLVED

That planning permission be granted for application HGY/2012/2210 subject to discharge of conditions 01 (a),(b) (d) means of enclosure, (f) landscaping; 04; 05. 06, 07, 08; 11; 15; 41; and 42 only subject to:

§   conditions as below

§   either a legal agreement under s106 of the Town and Country Planning Act 1990 (as amended) or an acceptable unilateral undertaking by the applicant (the terms of either are to be approved by the Assistant Director of Planning, Regeneration and Economy in conjunction with the Head of Legal Services) providing for the plot owner of Pavilions 3 & 4 to be liable for a proportionate share (based on the floorspace of the proposed Pavilions as a proportion of the final total floorspace in Hale Village) of the outstanding ‘Payment Three’ (£2.195m.) under the Hale Village s106 agreement dated 29 March 2012 should any of that payment remain unpaid by Hale Village Properties Ltd. as the principal owner of Hale Village; and  in accordance with the approved plans and documents as follows: 

CONDITIONS:
TIME LIMIT

1.      The development hereby permitted shall commence within two years of the date of this planning permission

 Reason: This condition is imposed by virtue of Section 92 of the Town & Country Planning Act 1990 and to prevent the accumulation of unimplemented planning permissions. 

DRAWINGS

2.      The development hereby permitted shall be carried out in accordance with the following approved plans: 1276_0010, 1276_0110, 1276_0100D, 1276_0101C, 1276_0102C, 1276_0103C, 1276_0104C, 1276_0108A, 1276_200C, 1276_201C and Energy Statement October 2012.

Reason: In order to ensure the development is carried out in accordance with the approved details for the avoidance of doubt 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 in pursuant to condition 1 of planning permission HGY/2012/1897 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.  All approved materials shall be erected in the form of a samples board to be retained on site throughout the works period for the development and the relevant parts of the works shall not be carried out other than in accordance with the approved details.

Reason: To ensure a comprehensive and sustainable development and to achieve good design throughout the development, in accordance with policies UD1, UD2, UD3 and UD4 of the London Borough of Haringey Unitary Development Plan 2006. 

INFORMATIVES:

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 5573) to arrange for the allocation of a suitable address.

The applicant is reminded of the other obligations of the grant of outline planning permission including an obligation to conduct a travel plan.