Agenda item

Variation of condition 42 (pending approval of s.96A application HGY/2013/1861) attached to planning permission HGY/2011/2350, for variation of fourth floor plan to allow for proposed change of use from stadium-related uses to Use Class B1a and associated minor alterations.

 

RECOMMENDATION: grant amendment subject to conditions and supplementary s106 agreement.

The Committee considered a report on the application for variation of condition 42 attached to planning permission HGY/2011/2350 to allow for proposed change of use of the fourth floor from stadium-related uses (D2) to office use (B1a) and associated minor alterations. 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 the amendment subject to conditions and a supplementary s106 agreement.

 

The planning officer gave a short presentation highlighting the key aspects of the report. Confirmation was provided that a supplementary s106 agreement would be required as a result of the amendment to secure the provision and monitoring of a workplace travel plan to maximise the use of public transport in accessing the site.

 

The Chair moved the recommendation contained within the report and it was

 

RESOLVED

·        That the amendment proposed to condition 42 attached to planning permission HGY/2011/2350 to vary the fourth floor plan be approved subject to conditions and a supplemental s106 agreement.

 

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 Section 91 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: 11580/001 P1, 11580/002 P1, 11580/005 P1, 11580/100 P1,11580/101 P1, 11580/102 P1, 11580/103 P1, 11580/104 P3, 11580/005 P1 and BHCXX-9091

Reason: For the avoidance of doubt and in interests of proper planning.

3. Prior to the completion of the development, the applicant shall submit to the

Council as local planning authority for approval detailed drawings at an appropriate scale (elevations 1:20, plans 1:50) of the rear boundary works to the northern terrace, showing materials, and access arrangements.

Reason: To preserve the setting and appearance of the listed buildings, and to ensure a high quality development to preserve and enhance the character and appearance of the North Tottenham Conservation Area in accordance with Haringey Local Plan Policies SP11 ‘Design’ and SP12 ‘Conservation’ and Saved Unitary Development Plan (UDP) 2006 Policy CSV5 and UD3 of the London Borough of Haringey Unitary Development Plan 2006.

 

LANDSCAPE MANAGMENT

4. Within 2 years of commencing the development hereby permitted, the applicant shall submit a landscape maintenance scheme for approval by the Local Planning Authority. Any trees or areas of planting which die, are removed or become seriously damaged or diseased within 5 years of completion of the landscaping scheme, shall be replaced as soon as is reasonably possible and, in any case, by not later than the end of the following planting season, with others of similar size and species, unless the local planning authority gives written consent to any variation.

Reason: To ensure a comprehensive and sustainable development, to ensure good design, to ensure that the landscaping is secured in accordance with the Environmental Impact Assessment, in accordance with Haringey Local Plan Policies SP11 ‘Design’ and SP13 ‘Open Space and Biodiversity’ Saved Unitary Development Plan (UDP) 2006 Policy UD3

 

PARKING

5. Unless otherwise agreed in writing by the Local Planning Authority, the car parking provision within the development shall not exceed 401 spaces for the food store and 26 spaces (outside the site), including 7 disabled parking spaces, for the upper floor uses.

Reason: In order to ensure the appropriate level of car parking in the scheme are not exceeded in accordance with policies M3, and M5 of the London Borough of Haringey Unitary Development Plan (UDP) 2006.

 

CYCLE PARKING

6. Prior to the occupation of the development hereby permitted, a detailed cycle parking scheme shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out only in accordance with the details so approved.

Reason: In order to ensure that well designed safe and appropriate levels of cycle parking in the scheme are provided in accordance with Haringey Local Plan Policy SP7 ‘Transport’ and Saved Haringey Unitary Development Plan (UDP) 2006 Policy UD3.

 

STAFF PARKING

7. No staff, with the exception of Blue Badge holders, are permitted to use the

supermarket car park between the hours of 8:00am and 19:00pm Monday to Saturday.

Reason: In order to ensure the appropriate levels of car parking in the scheme are not exceeded in accordance with Haringey Local Plan Policy SP7 ‘Transport’ and Saved Haringey Unitary Development Plan (UDP) 2006 UD3 ‘General Principles’.

 

HOURS OF CONSTRUCTION

8. The construction works of the development hereby granted shall not be carried out before 0700 or after 1900 hours Monday to Friday or before 0700 or after 1900 hours on Saturday or before 0800 hours or after 1600 hours on Sundays and not at all on Bank Holidays.

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

 

LORRIES

9. Lorries delivering plant or materials during the construction phase of the

development will only use designated routes agreed in writing in advance with the Local Planning Authority.

Reason: To minimise the impact of lorry traffic in local residential roads in accordance with the Environmental Impact Assessment and Saved Haringey Unitary Development Plan 2006 policy ENV6.

 

LOADING/UNLOADING

10. Vehicles may arrive, depart, be loaded or unloaded during the construction phase of the development within the general area of the application site only between 0700 hours and 1800 hours Monday to Friday and 0800 hours and 1200 hours on Saturday and not at all on Sunday or Bank Holidays except with the prior written approval of the Local Planning Authority.

Reason: In order to ensure that the proposed development does not prejudice the free flow of traffic or the conditions of general safety along the neighbouring highway or effect the amenity of local residents in accordance with the Environmental Impact Assessment and Saved Haringey Unitary Development Plan 2006 Policy ENV6.

 

NOISE

11. At 1 metre outside the windows of any neighbouring habitable rooms the level of noise from plant and machinery shall be at all times at least 5 decibels below the existing background noise levels, expressed in dB(A) at such locations. Where the noise from plant and machinery is tonal in character the differences in these levels shall be at least 10dB(A).

Reason: In order to protect the amenities of the locality in accordance with the

Environmental Impact Assessment and Saved Haringey Unitary Development Plan 2006 policy ENV6.

 

USE OF ROOF

12. Unless otherwise agreed in writing by the Local Planning Authority, no roof top facilities shall be in use between the hours of 2300 - 0700 hours any day of the week.

Reason: In order to protect the amenities of the locality in accordance with the

Environmental Impact Assessment and Saved Haringey Unitary Development Plan 2006 Policies ENV6 and ENV7.

 

FLOOD RISK

13. The development hereby permitted shall only be carried out in accordance with the approved Flood Risk Assessment (FRA). Ref: BDRP0001, Version 6, Final, May 2010 and the following mitigation measures detailed within the FRA:

i. Reducing the surface water runoff from the site by at least 50% for all storm

events up to and including the 1 in 100 year critical storm, taking into account

the effects of climate change. The peak discharge must not exceed 150/l/s/ha.

ii. Provision of storage on site to attenuate all flood events up to and including

the 1 in 100 year event, taking into account the effects of climate change.

iii. Identification and provision of safe route(s) into and out of the site to an

appropriate safe-haven.

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of the surface water from the site, to ensure safe access and egress from and to the site and to reduce the impact of flooding on the proposed development and future occupants and site users.

 

UNIDENTIFIED CONTAMINATION

14. If, during development, contamination not previously identified is found to be present at the site then no further development (unless agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

Reason: To ensure protection of controlled waters.

 

DELIVERY

15. Deliveries to the supermarket shall only take place between the hours of 5.00am and 11.00pm on any day. In addition to implementing the noise mitigation measures described in the approved Environmental Statement, Servicing Route A via the junction of Tottenham High Road (A1010) and Northumberland Park (as identified in Figure 4.1, Volume 8 of the approved Transport Assessment) shall be utilised unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to protect the amenities of the locality in accordance with the

Environmental Impact Assessment and Saved Haringey Unitary Development Plan 2006 policy ENV6.

 

DELIVERY AND SERVICING

16. The use as a 'brand centre' of part of the upper floors of the development hereby permitted shall be used only in conjunction with events in the nearby Stadium for the display of goods and not for general retail or wholesale sale of goods (unless otherwise agreed in writing by the local planning authority).

Reason: To enable proper control of the use of this space in the interest of the amenity of surrounding residents and the impact on the local area.

 

PARKING STEWARDS

17. The developer provides a delivery and servicing plan for the fourth floor office hereby approved. The servicing and delivery plan should include:

Planning Committee Report

a) Programme deliveries outside the AM and PM peak periods in order to reduce congestion on the highway network.

b) Details of refuse collection to be provided as part of the service and deliver plan.

Reason: In order to minimise the impact of servicing and deliveries on local traffic and highway conditions.

 

COLLABORATION

18. Unless agreed in writing with the Local planning Authority, The applicant/

developer shall provide parking stewards inside the food store car park for the

duration of the operation of the foodstore. Such wardens shall manage the use of the car park to maximise efficiency

Reason: In order to maximise the capacity of the food store carpark.

 

NO CHANGE OF USE

19. Notwithstanding the provisions of the Town & Country Planning General Permitted Development Order 1995 or any Order revoking or re-enacting that Order, no conversion of the B1(a) use hereby approved to Residential C3 shall be carried out without the grant of planning permission having first been obtained from the Local Planning Authority.

Reason: To ensure that no inappropriate residential development takes place in the interests of land use planning and residential amenity consistent with Policy 3.5 of the London Plan 2011, Haringey Local Plan Policies SP1 ‘Managing Growth’ SP2 ‘Housing’ and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

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.