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 second floor plan to allow for proposed change of use from stadium-related uses (Use class D2); showroom/brand centre (sui generis), to Class D1 to form a new university technical college and associated minor alterations.

 

RECOMMENDATION: grant amendment subject to conditions and the completion of a supplemental s106 legal 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 second floor plan from stadium-related uses (D2) and showroom/brand centre (sui generis) to class D1 to form a new university technical college 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 would be required as a result of the amendment to secure the provision and monitoring of a school travel plan to maximise the use of public transport in accessing the site.

 

Cllr Bevan addressed the Committee in relation to the application. Although he had no objection to additional educational provision in the area, he expressed concern on the impact of the application on traffic in the locality and which would not be sufficiently addressed under the supplementary s106 agreement. The potential for the new college to exacerbate current capacity issues at peak times on bus routes serving the local area was of particular concern, as well as the lack of planned additional parking provision to support the college. Cllr Bevan also considered that a condition should be imposed on any permission granted to require the college to work closely with the nearby sixth form centre. Officers confirmed that this had been added to the list of proposed conditions contained within the report. 

 

In response to Cllr Bevan’s comments, the Committee was advised that the site was well served by public transport and that the applicant had undertaken a traffic assessment survey which had identified that the majority of trips generated as a result of the new technical college would be via sustainable modes of transport. Transport for London had additionally confirmed, based on forecasts of the number of proposed trips generated by the new college, that the impact on the capacity of the Underground and bus network would be acceptable and was unlikely to have an adverse impact on public transport or the highway network in the area. Additionally, assurance was provided that the applicant would be required to monitor the school travel plan secured by s106 agreement for five years so the transport situation would be kept under review. 

 

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 second floor plan be approved subject to conditions and completion of 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 P2, 11580/103 P1, 11580/104 P3, 11580/005 P1, 411 TOT 6000, 411 TOT 6020, 411 TOT 6020 and BHC-XX-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 developer provides a delivery and servicing plan for the fourth floor office

hereby approved. The servicing and delivery plan should include:

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.

 

PARKING STEWARDS

17. 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.

 

COLLABORATION

18. The applicant shall liaise with the Haringey Sixth Form Centre to investigate opportunities for collaboration to ensure best use of facilities. Evidence of such liaison shall be submitted in the form of a written statement setting out what steps have been taken and the results of any discussion. Such a statement shall be submitted within 3 months of occupation.

Reason: In order to ensure best use of facilities between local education institutions in accordance with London Plan Policy 3.18 ‘Education Facilities’.

 

SCREENING

19. Prior to the occupation of the development hereby permitted, a detailed scheme for the screening of the roof terraces shall be submitted to and approved in writing by the Local Planning Authority and implemented in accordance with the details so approved.

Reason: In order to minimise overlooking to nearby residential properties in accordance with London Plan Policy 7.6 ‘Architecture’ and Saved UDP Policy UD3 ‘General Principles’.