Variation of condition 8 (deliveries, loading and unloading hours of operation) attached to planning permission HGY/2011/0814 to no deliveries to be loaded or unloaded in respect of units 1, 2a, 2b, 5b and 6 between the hours of 2100 to 0600 Monday to Saturday or after 1800 hours Saturday until 0600 hours the following Monday, no deliveries shall be loaded or unloaded in respect of units 3, 4 and 5a after 1800 hours Saturday until 0400 hours the following Monday.
RECOMMENDATION: grant permission subject to conditions.
Minutes:
[Cllr Demirci took the chair for the remainder of the meeting].
The Committee considered a report on the application to grant planning permission for the variation of condition 8 (deliveries, loading and unloading hours of operation) attached to planning permission HGY/2011/0814 in order to extend the delivery hours to units 3, 4 and 5a 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 and drew the Committee’s attention to a tabled addendum to the report setting out details of a further 3 representations received since the agenda was published and two additional conditions proposed covering loading/unloading and personal consent.
The Committee raised the following points in discussion of the application:
· Members sought assurances that the variation would not result in noise problems, particularly in the early hours, for local residents and whether consideration had been given to the installation of noise reducing panels, in particular where the site backed onto Devonshire Hill Lane. Officers confirmed they were satisfied that sufficient safeguards were in place regarding noise and which was supported by the submission of a noise survey demonstrating that the variation would not breach condition 7 under the extant permission restricting any increase in background noise to below 5dBA. Additionally, a large retaining wall and established vegetation was in place to the rear of the site to reduce noise transmission.
· Clarification was sought on the reason for the imposition of the personal consent condition. Officers advised that this meant the variation would apply only to HSS Hire Service Group Ltd as the current operator of the units and not the land as officers were satisfied that HSS had appropriate processes and procedures in place to minimise the impact on residential amenity such as loading and unloading being undertaken within units only, confirmation on the size of vehicles used etc.
Cllr Bull addressed the Committee and advised that he was unaware of any complaints from his constituents in the local area relating to operations on the site.
The Chair moved the recommendation of the report and it was
RESOLVED
· That planning application HGY/2014/0055 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. Notwithstanding the description of the materials in the application, no development shall be commenced until precise details of the materials to be used in connection with the new front boundary treatment, including landscaping, have been submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with such approved detail and prior to the occupation of the industrial units hereby approved.
Reason: In order to retain control over the external appearance of the development in the interest of the visual amenity of the area.
4. Notwithstanding the details shown on drawing No A003 J details of a scheme of hard and soft landscaping including details of the front boundary treatment shall be submitted to and agreed in writing by the Local Planning Authority before the development hereby permitted, is commenced.
Reason: To ensure a satisfactory appearance to the development.
5. A detailed Waste Management Plan (WMP) (to include details for the disposal, processing, recycling and storage of waste for the units hereby approved, in addition to details of enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins and/or other refuse storage containers where applicable, together with a satisfactory point of collection, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the building. The operations of each unit shall be carried out in accordance with the approved WMP in perpetuity unless minor variations are otherwise approved in writing by the Local Planning Authority.
Reason: To ensure a satisfactory appearance for the development and satisfactory accessibility; and to protect the amenities of the area.
6. Prior to the commencement of construction works on site full details of the all proposed external lighting have been submitted to and approved in writing by the Local Planning Authority. Details shall include appearance and technical details and specifications, intensity, orientation and screening of lamps, siting and the means of construction and layout of cabling. Lighting is to be restricted to those areas where it is necessary with additional shielding to minimise obtrusive effects. The approved scheme is to be fully completed and shall be permanently maintained thereafter.
Reason: In the interest of design quality, residential amenity and public and highway safety.
7. Any noise generated by virtue of this development shall not cause an increase in the pre-existing background noise level of more than 5db (A) when measured and corrected in accordance with BS 4142:1967, as amended, titled 'Method of Rating Industrial Noise Affecting Mixed Residential & Industrial Areas'. 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.
8. No deliveries to be loaded or unloaded in respect of units 1, 2a, 2b, 5b and 6 between the hours of 2100 and 0600 Monday to Saturday or after 1800 hours Saturday until 0600 hours the following Monday, and no deliveries shall be loaded or unloaded in respect of units 3, 4 & 5a after 1800 hours Saturday until 0400 hours the following Monday.
Reason: In order to ensure that the proposed development does not prejudice the enjoyment by neighbouring occupiers of their property.
9. There shall be no external storage of materials, or construction or placing of racks and bins or other storage containers outside the buildings on site without the prior written approval of the Local Planning Authority.
Reason: In order to safeguard the visual amenity of the area.
10. No additional floorspace other than as stated within the application shall be created inside the buildings approved without the prior written consent of the Local Planning Authority.
Reason: To ensure that the car parking provided meets the needs of the buildings approved and that traffic generation does not exceed the allocated capacity.
11. No satellite antenna, apparatus or plant of any sort (including structures or plant in connection with the use of telecommunication systems or any electronic communications apparatus) shall be erected on the roof of any building.
Reason: In order to safeguard the visual amenity of the area.
12. No external lighting shall be installed on the site without the prior written consent of the local Planning Authority.
Reason: In order to safeguard the visual amenity of the area.
13. Units 2a & 2b hereby permitted, as indicated on DWG: A012 shall be restricted to use classes B1 'Business' or B8 'Storage or Distribution' only as defined in the Town and Country Planning (Use Classes) Order (as amended, or any Order revoking or re-enacting that Order) while the other units hereby permitted shall be used solely as specified in the application for classes B1, B2 and B8
Reason: In order to restrict the use of the premises to one compatible with the surrounding area and in interests of neighbouring residential amenity.
14. The designated Site Travel Plan Co-ordinator shall implement the measures as detailed in the Travel Plan submitted as part of the application.
Reason: To minimise the traffic impact of this development on the adjoining highway network and promote sustainable travel to and from the site.
15. Before the development hereby permitted is occupied the parking spaces shown on the approved plans shall be provided and shall not thereafter be used for any purpose other than the parking of vehicles in connection with the approved development.
Reason: To ensure that parking is provided in accordance with the Local Planning Authority's standards.
16. Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include:
"The greatest reduction in surface water runoff rates that is practicably possible, with greenfield rates being the target.
"The maximisation of Sustainable Drainage Systems (SUDS) on site".
Reason: To minimise the risk of flooding, and to improve and protect water quality.
17. Prior to the commencement of development, details of energy efficient design and the potential for the use of renewable energy sources shall be submitted to and approved by the Local Planning Authority and shall be implemented prior to the commencement of the use hereby permitted and maintained thereafter for the life of the development.
Reason: To ensure the development incorporates energy efficiency measures including on-site renewable energy generation, in order to contribute to a reduction in carbon dioxide emissions generated by the development in line with national and local policy guidance.
18. Prior to the commencement of development in terms of any unit / building hereby approved, the developer shall provide a copy of the final Building Research Establishment (BRE) certificate confirming that the building design achieves a minimum BREEAM rating of Very Good. The BREEAM Post Construction Assessment shall be carried out on a sample of the development in accordance with an agreed methodology to ensure that the required minimum rating has been achieved.
Reason: In the interests of energy efficiency and sustainability.
19. The construction works of the development hereby granted shall not be carried out before 0800 or after 1800 hours Monday to Friday or before 0800 or after 1200 hours on Saturday and not at all on Sundays or Bank Holidays.
Reason: In order to ensure that the proposal does not prejudice the enjoyment of neighbouring occupiers of their properties.
20. No development shall take place until site investigation detailing previous and existing land uses, potential land contamination, risk estimation and remediation work if required have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.
Reason: In order for the Local Planning Authority to ensure the site is contamination free.
21. Prior to the commencement of the development a Construction Logistics Plan (CLP) should be submitted for the approval of the LPA. The CLP should show the routeing of traffic around the immediate road network and reasonable endeavours ensure that freight and waste deliveries are timed to avoid the peak traffic hours.
Reason: To minimise vehicular conflict at this location.
22. No loading/unloading outside units 3, 4 & 5a of the development shall occur between the hours of 2100 and 0600 Monday to Saturday or after 1800 hours Saturday until 0600 hours the following Monday. For the avoidance of doubt loading/unloading is permitted but must take place within the confines of the building during these times.
Reason: In order to ensure that the proposed development does not prejudice the enjoyment by neighbouring occupiers of their property.
23. Upon HSS Hire Service Group Limited ceasing to use units 3, 4 & 5a of the development there shall be no loading/unloading of deliveries between the hours of 2100 and 0600 the following day Monday to Saturday or after 1800 hours Saturday until 0600 hours the following Monday.
Reason: To enable the Council to consider any highway and amenity impacts from a different end user at the site which would not otherwise be granted.
INFORMATIVE: The applicant is advised that Condition Nos. 3 (Materials), 4 (Hard and Soft Landscaping), 5 (Waste Management), 6 (External Lighting), 16 (Surface Water Drainage), 17 (Energy Efficiency), 18 (BREAM rating), 20 (Site Investigation) and 21 (Construction Logistics Plan) pursuant to planning application HGY/2011/0814 have been previously discharged by the Council (ref. HGY/2011/2309 & HGY/2012/0082).
INFORMATIVE: The issue of water supply within the site has been considered and in order to provide an adequate water supply for fire fighting, the London Fire Brigade (LFB) recommends the instillation of 2 Private Fire Hydrants in the position indicated in red on the enclosed map. The hydrants should be numbered P100119 and P109079 respectively.
INFORMATIVE: At the present time the London Fire Brigade has a policy of free annual inspections. If you would like your premises to be included in the test programme then please notify the London Fire Brigade, 169 Union Street, London SE1 0LLTel 0208 555 1200.
INFORMATIVE: 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.
Supporting documents: