Agenda item

Land to rear of 1-11 The Drive N11 2DY

Development of a terrace of three x4 bedroom houses.

 

RECOMMENDATION: grant permission subject to conditions.

Minutes:

[In the absence of the Vice Chair, following a vote it was agreed that Cllr Reith chair the meeting for the duration of discussions on this item. Cllr Demirci left the room for the duration of the item].

 

 

The Committee considered a report on the application to grant planning permission for the development of a terrace of 3x 4 bedroom houses on the site. 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.

 

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

·        The availability of the site for development was queried with the land appearing to form part of the rear gardens of adjacent properties on The Drive. Officers advised that the land in question had previously been leased on a 88 year term to the residents of 1-11 The Drive and had been incorporated into their rear gardens until 2009 when the lease expired. It was confirmed that the Council was the freeholder of the land.

·        The sustainability of the proposed dwellings were questioned in light of limited details provided by the applicant. Confirmation was provided that the dwellings would be secured by condition to meet Code for Sustainable Homes level 4.

 

Two local residents addressed the Committee and raised the following points in objection to the application:

·        That residents of The Drive had not been notified of this evenings Planning Committee meeting and therefore had not had the opportunity to attend and make representations.

·        The leased land had been incorporated into the now mature gardens of the houses on The Drive and reclamation of the land would negatively affect these properties.

·        Residents on The Drive had made enquiries to the Council over a number of years to no avail regarding the future of the land with the hope of the land being re-leased or sold to numbers 1-11 The Drive.

·        The construction works would cause disturbance and additional costs to neighbouring properties with regards to new fencing etc.

·        The potential for the new houses to result in overlooking and loss of privacy and light to neighbouring properties was a concern.

·        The development would be out of line with policies to deter ‘garden grabbing’.

·        Pressures on parking and school places in the area would be exacerbated.

 

Officers advised that the agenda for the meeting was published within statutory guidelines, that formal notification of the meeting had been sent to residents who had submitted written consultation responses and the local Resident’s Association covering the area advised.

 

With regards to policies covering the development of residential gardens, officers confirmed that the National Planning Policy Framework did not prohibit development on such land but allowed local authorities to put in place policies to control such development where it would cause harm to the local area. The scheme was considered to be appropriate for the site in relation to integration with the surroundings in terms of scale and layout whilst preserving large areas of the existing gardens as open and undeveloped land.

 

In response to a question from the Committee, officers confirmed that the development had been designed to prevent material overlooking, with no windows to flank walls and separation distances to neighbouring properties exceeding those set out in Council policy. Although the potential existed for the new houses to result in a marginal loss of evening sunlight to neighbouring properties, this was not considered to be a material negative impact.

 

The Committee queried whether the condition regarding screening to the boundary could be strengthened to reduce any risk of garden overlooking between the new units and neighbouring properties. Officers agreed to add an informative to be read in conjunction with condition 4 requesting details of the new boundary treatment be submitted to the Council and a separate condition covering requiring details to be provided of fencing.

 

 

The Chair moved the recommendation of the report including the additional condition and informative relating to boundary treatments and it was

 

RESOLVED

 

·        That planning application HGY/2013/2396 be approved subject to conditions.

 

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 avoid doubt and in the interests of good planning.

 

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 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.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.Details of all works to or affecting trees on or adjoining the site shall be submitted to and approved by the Local Planning Authority, and shall be carried out in accordance with the relevant recommendations of BS 3998: 1989 (Recommendations for Tree Work).

 

Reason: To ensure the continuity of amenity value afforded by the tree(s) in question.

 

6.Full details of the proposed boundary treatments shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the dwellings hereby approved and thereafter implemented in accordance with these requirements.

 

Reason: In order to retain control over the external appearance of the development and in the interest of the visual amenity of the area.

 

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 visual amenities of the area and to prevent overdevelopment of the site by controlling proposed extensions and alterations consistent with Policy 7.4 of the London Plan 2011 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

8.No part of any structure hereby granted shall be used as a roof terrace or balcony.

 

Reason: In order to protect the amenity of occupants of the adjoining residential properties consistent with Policy SP11 of the Haringey Local Plan 2013 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

9.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. 

 

Reason: 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.

 

10.Prior to the first occupation of the development hereby permitted the redundant crossover shall be removed and the footway re-instated.

 

Reason: To maintain pedestrian amenity.

 

 

INFORMATIVE:  For the purpose of discharging Condition 4 above details of planting/ screening along the rear boundary with the gardens to 1-11 The Drive will need to be included.

 

INFORMATIVE : Community Infrastructure Levy

The application is advised that the proposal will be liable for the Mayor of London's CIL.  Based on the Mayor's CIL charging schedule and the information given on the plans, the charge will be £12,600.00  (360 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. 

 

 

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.

 

Supporting documents: