Agenda item

Erection of 3x single storey three bedroom houses

RECOMMENDATION: grant permission subject to conditions.

The Committee considered a report, deferred from the last Planning Committee meeting, on the application to grant planning permission for the land to the rear of 76 St James’s Lane N10 3RD for the erection of three single storey dwellings. 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. The Planning Officer gave a short presentation highlighting the key aspects of the report and confirmed that the report incorporated amended scale drawings and an appendix setting out officer comments to objections received as requested at the last Committee meeting. The Committee’s attention was also directed to a tabled copy of a Planning Inspectorate appeal report on the site which was dismissed on 19 August 2011.

A number of objectors addressed the Committee with concerns regarding the application and made the following points:

·        The plans did not portray the small size and slopping nature of the plot. It was considered that the site would more appropriately support two houses and would be cramped with the three houses proposed.

·        Concerns were raised about the loss of privacy and overlooking to neighbouring properties, particularly in relation to the proximity of the new houses to the northern boundary of the site. Additional concerns were raised that on-site measurements of the distances detailed on the drawings of the new houses to bordering properties had not been undertaken by the Planning Service. In response, the Planning Officer confirmed that the applicant’s plans had been verified against and found to be consistent with ordinance surveys for the area, and that  the distances set out within the plan to neighbouring properties were considered to be acceptable. The Chair also affirmed that the majority of the Committee had undertaken a visit to the site in preparation for the meeting.  

·        The potential for noise nuisance during construction works.

·        The suitability of the access road to support the development was questioned including the location of the access point on a bend, historic poor maintenance and the ability for emergency vehicles and dust carts to safely enter the site. In response, the Transport Officer confirmed that fire engines and dust carts would be able to access the development, facilitated with the provision of a turning head within the site. The Committee were also advised that the access road was outside of the planning site area and therefore could not be considered as  part of the application. 

Cllr Bloch addressed the Committee in relation to the application and supported the comments made by the objectors. He requested that consideration be given to imposing additional conditions covering landscaping screening, use of frosted windows and restrictions on future planning applications for the site. In response, officers confirmed that a condition was in place covering landscaping and that under the proposed design, windows to the new houses would be positioned to avoid overlooking. It was additionally confirmed that legally a condition could not be imposed covering any potential future development.

The applicant’s representative addressed the Committee and raised the following points:

·        Confirmation was provided that the rear wall to the site which formed the back of the former garages would be retained.

·        The scale plans provided in the report had been drawn from a measured survey.

·        In line with comments made by the Planning Inspector, the amended design aimed to respond to the topography of the site whilst keeping the level of the houses as low as possible.   

·        Landscaping plans for the site would include screening elements.

The Chair moved the recommendation of the report and it was

RESOLVED

·        That application HGY/2012/1588 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 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 & BOUNDARY TREATEMENT

3. 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. 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.

5. 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.

TREE PROTECTION

6. A pre-commencement site meeting must take place with the Architect, the

consulting Arboriculturist, the Local Authority Arboriculturist, the Planning

Officer to confirm tree protective measures to be implemented. All protective

measures must be installed prior to the commencement of works on site and

shall be inspected by the Council Arboriculturist and thereafter be retained in

place until the works are complete.

Reason: To safeguard the health of existing trees which represent an important amenity feature.

OTHER

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. No dwelling shall be occupied until it has been demonstrated in writing to the Local Planning Authority that the development hereby permitted will meet or exceed Code for Sustainable Homes Level 4.

Reason: To ensure a sustainable construction consistent with Policy 5.2 odf

the London Plan 2011.