Agenda item

Erection of rear and side extensions to create additional retail floorspace and

provision of eight residential units within a rear extension and a single storey roof extension at third floor level. Construction of new freestanding lift and stair core to rear, creation of new internal lift shaft. Public realm works including closure of existing car park entrance, slip road and short term parking, and creation of two way road access to car park from Fortis Green and hard landscaping of existing site frontage.

 

RECOMMENDATION: grant permission subject to conditions and a s)106 legal agreement

The Committee considered a report on the application to grant planning permission for the erection of rear and side extensions to 107-143 Muswell Hill Road N10 to create additional retail floor space and eight residential units. 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 a s)106 legal agreement.

 

The planning officer gave a short presentation highlighting the key aspects of the report. The Committee were advised of a proposed amendment by officers to condition 13 to prohibit occupation of the new residential units until such time as the Council was satisfied the repair works to the Grade II Listed Building on site were completed according to the schedule of works. The Committee were additionally advised with regards to affordable housing provision for the scheme that the applicant had now put forward a revised proposal to provide a £200k contribution instead of onsite provision in light of a failure to secure a viable registered provider.

 

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

·        In response to a question, confirmation was provided that the applicant would be required to reinstate the Crittal steel windows to the Listed Building where they had been replaced with UPVc units.

·        Concern was raised regarding the proportion of retail to residential floor space proposed for the scheme, particularly in recognition of the current number of empty shops in Muswell Hill. Officers advised that the Local Plan supported the provision of retail space within town centres, and that the applicant had a number of retailers already in mind to fill the new shop space.

·        Confirmation was provided that discussions were ongoing with TfL regarding repositioning the bus stop on Fortis Green Road as a result of the proposed changes to vehicular access arrangements on the site.

 

The Chair allowed the applicant’s representative to address the Committee in order to clarify a number of points regarding the scheme:

·        Confirmation was provided that the applicant had received expressions of interest from a number of retailers in occupying the new retail floor space created.

·        The Committee raised concern regarding the proposal to amend the current two way access arrangements for the car park to permit both access and egress via Fortis Green Road and the subsequent potential for the new junction layout to adversely affect traffic flow in the locality. In response, confirmation was provided the applicant had commissioned consultants to undertake a traffic test for the scheme, which had demonstrated to the satisfaction of the Transport Team that the junction would not be adversely affected. Works would also be undertaken to reconfigure the kerbs in the vicinity to remove conflict and enable vehicles to access Fortis Green Road more easily.

·        The bus stop on Fortis Green Road was likely to require slight repositioning in response to the changes to the junction and was likely to be moved slightly further down the road.

·        Confirmation was provided that the gate between the adjacent cinema and the entrance to the new flats would be moved inline with comments made by the Design Panel.

·        In response to Member disquiet over the low affordable housing contribution proposed, it was advised that the applicant had derived this figure using the calculator recommended by officers.  

 

The Chair sought confirmation from the applicant as to whether the public realm contribution had reduced from that set out in the Committee report. The applicant confirmed that it had reduced to £120,000. In response to the Committee’s concerns regarding the s)106 contributions proposed for the scheme, officers advised that an additional condition could be imposed requiring the applicant to submit to the Council for approval a copy of the viability assessment used to determine the level of funding available for the public realm works prior to the commencement of any works on site.

 

The Chair moved the recommendation in the report, plus inclusion of an additional condition to prohibit works taking place until the applicant submits to the Council a copy of the viability assessment used to determine the level of funding available for the public realm works; the amendment to condition 13 to prohibit occupation of the residential units until such time as the Council is satisfied the repair works to the listed building are completed according to the schedule of works; to require the applicant to submit to the Council for approval samples of material intended for use to replace any faiences damaged on site and to amend condition 15 to require plans for the design of the traffic system in the car park to be submitted for approval by the Council’s transport team to ensure bottle necking issues wouldn’t arise. It was

 

RESOLVED

• That planning application HGY/2013/1169 be approved subject to conditions and a s)106 agreement.

 

1. The development hereby authorised must be begun not later than the expiration of three years from the date of this permission, failing which the permission shall be of no effect.

Reason: This condition is imposed by virtue of Section 91 of the Town and Country

Planning Act 1990 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 avoid doubt and in the interests of good planning.

3. Notwithstanding the information submitted with this application, no development

shall take place until precise details of the external materials to be used in connection with the development hereby permitted be submitted to, approved in writing by and implemented in accordance with the requirements of the Local Planning Authority and retained as such in perpetuity.

Reason: In order to retain control over the external appearance of the development in the interest of the visual amenity of the area and consistent with Policy SP11 of the Haringey Local Plan 2013 and Saved Policy UD3 of the Haringey Unitary

Development Plan 2006.

4. Any noise generated by virtue of this development shall not cause an increase in

the pre-existing background noise level or more than 5db (A). In this context, the

background level is construed as measuring the level of noise which is exceeded for 90% of the time.

Reason: In order to protect the amenities of nearby residential occupiers consistent

with Policy 7.15 of the London Plan 2011 and Saved Policy UD3 of the Haringey

Unitary Development Plan 2006.

5. The dwelling(s) hereby approved shall achieve Level 4 of the Code for Sustainable Homes. No dwelling shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 4 has been achieved.

Reasons: To ensure that the development achieves a high level of sustainability in

accordance with Policies 5.1, 5.2, 5.3 and 5.15 of the London Plan 2011 and Policies SP0 and SP4 the Haringey Local Plan 2013.

6. No development shall commence until a scheme of surface water drainage works

including an appropriate maintenance regime have been submitted to and approved in writing by the Local Planning Authority. The sustainable drainage scheme shall be constructed in accordance with the approved details and thereafter retained.

Reason: To promote a sustainable development consistent with Policies SP0, SP4

and SP6 of the Haringey Local Plan 2013.

7. No development shall take place until a Site Waste Management Plan, confirming

how demolition and construction waste will be recovered and re-used on the site or

at other sites, has been submitted to and approved in writing by the Local Planning

Authority. The approved Plan shall be implemented in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

Reason: To promote a sustainable development consistent with Policies SP0, SP4

and SP6 of the Haringey Local Plan 2013.

8. No development shall commence until further details of the proposed "green" roofs for the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The details shall include their type, vegetation, location and maintenance schedule. The development shall be

implemented in accordance with the approved scheme prior to its first occupation

and the vegetated or green roof shall be retained thereafter. No alterations to the

approved scheme shall be permitted without the prior written consent of the Local

Planning Authority.

Reason: To ensure a sustainable development consistent with Policy 5.11 of the

London Plan 2011 and Policies SP0, SP4 and SP11 of the Haringey Local Plan 2013.

9. Prior to the implementation of the permission, details of any extract fans or flues

shall be submitted to and approved by the Local Planning Authority prior to

commencement of use.

Reason: In order to protect the amenity of occupants of the adjoining residential

properties consistent with Saved Policy UD3 of the Haringey Unitary Development

Plan 2006.

10. No impact piling shall take place until a piling method statement (detailing the

type of piling to be undertaken and the methodology by which such piling will be

carried out, including measures to prevent and minimise the potential for damage to

subsurface sewerage infrastructure, and the programme for the works) has been

submitted to and approved in writing by the local planning authority in consultation

with Thames Water. Any piling must be undertaken in accordance with the terms of

the approved piling method statement.

Reason: The proposed works will be in close proximity to underground sewerage

utility infrastructure. Piling has the potential to impact on local underground

sewerage utility infrastructure.

11. The development shall not be occupied until a minimum of 8 cycle parking spaces for users of the development, have been installed in accordance with the approved details. Such spaces shall be retained thereafter for this use only.

Reason: To promote sustainable modes of transport in accordance with Policies 6.1

and 6.9 of the London Plan 2011 and Policy SP7 of the Haringey Local Plan 2013.

12. No development shall take place, including any works of demolition, until a

Method of Construction Statement which demonstrates that disruption to traffic and pedestrians traffic and pedestrians on Fortis Green and Muswell Hill Road would be minimised. Construction vehicle movements should be carefully planned and coordinated to avoid the AM and PM peak periods. The Method of Construction

Statement shall include details of :

a) parking and management of vehicles of site personnel, operatives and

visitors

b) loading and unloading of plant and materials

c) storage of plant and materials

d) programme of works (including measures for traffic management)

e) provision of boundary hoarding behind any visibility zones

f) wheel washing facilities:

and shall be submitted to and approved in writing by the Local Planning Authority.

Only the approved details shall be implemented and retained during the demolition

and construction period.

Reasons: To ensure there are no adverse impacts on the free flow of traffic on local

roads and to safeguard the amenities of the area consistent with Policies 6.3, 6.11

and 7.15 of the London Plan 2011, Policies SP0 of the Haringey Local Plan 2013 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

13. A detailed and itemised schedule of works, methodology statement, detailed

plans and drawings as appropriate in respect of the following, shall be submitted to

and approved by the Local Planning Authority before the relevant part of the work is

begun.

a. repair, reinstatement and any additional works affecting the fabric of the listed building such as structural investigations

b. Detail of the proposed structural investigations to verify the loading capacity of the building and any concealed damage to the structure

c. Further details of how the new structure would be integrated with the existing structure

d. Details regarding the alterations to the existing structure to accommodate the new lift and stair cores and removal of the rear mezzanine floor level area

e. All doors, windows and rainwater goods (which shall be a high quality metal)

f. Details of all repair works, including concrete repairs, brick and mortar repairs, faience repairs

g. Details of all decorative profiles on walls, ceiling surfaces, handrails, floor finishes, doors and fanlights as applicable

h. Location and finish of all mechanical ventilation, louvers, and communal satellite

i. Further details regarding levelling of internal floor heights and related works to flats 131, 133, 141 and 143 including bricking up of existing windows and installation of the ‘sunpipe’ system.

The development shall be implemented in accordance with the approved details or

samples of materials.

Reason: In order to safeguard the special architectural or historic interest of the

building consistent with Policy 7.8 of the London Plan 2011, Policy SP12 of the

Haringey Local Plan 2013 and Policies CSV4 and CVS5 of the Haringey Unitary

Development Plan 2006.

14. Structural Engineer's drawings, indicating the intended method of ensuring the

stability of the fabric to be retained throughout the period of construction, shall be

submitted to and approved by the Local Planning Authority before the relevant part of the work is begun.

Reason: In order to safeguard the special architectural or historic interest of the

building consistent with Policy 7.8 of the London Plan 2011, Policy SP12 of the

Haringey Local Plan 2013 and Policies CSV4 and CVS5 of the Haringey Unitary

Development Plan 2006.

15. No development shall take place until full details of the hard and soft landscaping works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include: hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.

Reason: In order for the Local Planning 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 consistent with Policy 7.21 of the London Local Plan 2011, Policy SP11 of the

Haringey Local Plan 2013 and Policy UD3 of the Haringey Unitary Development Plan 2006.

16. The development shall not be occupied until provision of refuse and waste

storage and recycling facilities has been installed in accordance with the approved

details. The facilities shall be permanently retained thereafter.

Reason: In order to protect the amenities of the locality and to comply with Saved

Policy UD7 of the Haringey Unitary Development Plan 2006 and Policy 5.17 of the

London Plan 2011.

17. Prior to the commencement of the development, details of a scheme of sound

insulation between the commercial space and proposed residential accommodation

shall be submitted to an approved in writing by the Local Planning Authority. The

scheme shall be implemented in accordance with the approved details prior to first

occupation of the residential accommodation.

Reason: To ensure that the proposed development does not prejudice the amenities of the future occupiers of the approved residential properties.

 

INFORMATIVES

• The new development will require numbering. The applicant should contact Local Land Charges at least six weeks before the development is occupied (tel. 020 84895573) to arrange for the allocation of a suitable address.
• Adequate storage and collection arrangements must be in place to service the proposed development consisting of various size dwellings. Side waste and uncontrolled waste accumulations must be avoided. Access for refuse vehicle of 26 tonne is required. Wheelie bins or bulk waste containers must be provided for household collections. Wheelie bins must be located no further than 25 metres from the point of collection. Adequate waste storage arrangements must be made so that waste does not need to be placed on the public highway other than immediately before it is due to be collected. Further detailed advice can be given on this where required. All doors and pathways need to be 200mm wider than any bins that are required to pass through or over them. If access through security gates/doors is required for household waste collection, codes, keys, transponders or any other type of access equipment must be provided to the council. No charges will be accepted by the council for equipment required to gain access. If waste containers are housed, housings must be big enough to fit as many containers as are necessary to facilitate once per week collection and be high enough for lids to be open and closed where lidded containers are installed. Internal housing layouts must allow all containers to be accessed by users. Waste container housings may need to be lit so as to be safe for residents and collectors to use and service during darkness hours.
• Thames Water recommends the following informative be attached to this planning permission. Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development. The applicant is advised to contact Thames Water Developer Services on 0845 8502777 to discuss the details of the piling method statement.
• The applicant is advised by The London Fire Authority to consider the installation of sprinklers as part of the development.
• The applicant is advised that the new homes would benefit from the standards of the Secured by Design scheme and to consider the security of the refuse stores ? these need to be lockable and consider the rear access between the new development and the Odeon Cinema. It is noted that the access is gated but moving the gate further towards the edge of the building to give additional protection to the fire exit and cycle storage is recommended.
• The applicant is advised that based on the Mayor’s CIL charging schedule and the information given on the plans, the charge will be £36995 (1057 x £35). This will be collected by Haringey after the scheme is implemented and could be subject to surcharges for failure to assume liability, for failure to submit a commencement notice and/or for late payment, and subject to indexation in line with the construction costs index.
• In dealing with this application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our development plan comprising the London Plan 2011, the Haringey Local Plan 2013 and the saved policies of the Haringey Unitary Development Plan 2006 along with relevant SPD/SPG documents, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably. In addition, where appropriate, further guidance was offered to the applicant during the consideration of the application.

 

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.