Agenda item

Variation of condition 2 (plans and specifications) attached to planning reference HGY/2012/0214, to amended external elevations, design and materials of the previously approved scheme along with clarifying site levels reflecting accurate topographical survey information.

 

RECOMMENDATION: grant permission subject to the conditions of the previously approved consent and a deed of variation to the signed S106 agreement/ or new S106 agreement being first entered into.

 

The Committee considered a report on the application to grant planning permission for the variation of condition 2 (plans and specifications) attached to planning permission HGY/2012/0214 to amend external elevations, design and materials of the previously approved scheme along with clarifying site levels. 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 for the variation subject to conditions of the previously approved consent and a deed of variation to the signed s106 agreement or new s106 agreement being first entered into. 

 

The planning officer gave a short presentation highlighting the key aspects of the report.

 

Cllr Demirci addressed the Committee as a local ward Councillor and identified that although he did not have any objections to the scheme, concern had arisen regarding the applicant’s adherence to the Construction Management Plan conditioned under the original permission. In particular, the lack of provision of a dedicated wheel wash facility on site had resulted in dust and debris from the site being tracked down Imperial Road causing a nuisance to local residents and potentially blocking drains. Officers advised that condition 15 could be amended to explicitly require the provision and use of wheel washing facilities and the damping down of the site as part of dust management practices. Any continuing non-compliance issues could be addressed by the enforcement team if necessary.

 

The applicant acknowledged that there had been issues with dust and mud from construction traffic spreading to local roads due to the recent wet weather but that this had now been addressed through the completion of a new road surface on site and provision of a cattle grid arrangement to allow the washing of vehicle wheels prior to leaving the site.

 

The Chair moved the recommendation of the report including the amendment proposed to condition 15 as detailed above and it was

 

RESOLVED

·         That planning application HGY/2014/0558 be approved subject to conditions of the previously approved consent and a deed of variation to the signed s106 agreement or new s106 agreement being first entered into. 

 

Applicant’s drawing No.(s) 173-P-1- 001- Rev A,  173-P-1- 002- Rev A, 173-P-1- 003- Rev A, 173-P-1- 004- Rev B, 173-P-1- 005- Rev B, 173-P-1- 006- Rev B, 173-P-1- 010- Rev A, 173-P-1- 011- Rev A, 173-P-1- 012- Rev A, 173-P-1- 013- Rev A

 

TIME LIMIT

1.         The development hereby authorised must be begun not later than the expiration of 3 years from the date of 22^ND November 2012, 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.

 

PLANS

2.         Notwithstanding the information submitted with the application, the development hereby permitted shall only be built in accordance with the following approved plans: 173-P-1- 001- Rev A,  173-P-1- 002- Rev A, 173-P-1- 003- Rev A, 173-P-1- 004- Rev B, 173-P-1- 005- Rev B, 173-P-1- 006- Rev B, 173-P-1- 010- Rev A, 173-P-1- 011- Rev A, 173-P-1- 012- Rev A, 173-P-1- 013- Rev A

Reason:  To avoid doubt and in the interests of good planning.

 

MATERIALS

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 development hereby permitted have been submitted to, approved in writing by and implemented in accordance with the requirements of the Local Planning Authority.

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

 

LANDSCAPING

4.         Notwithstanding the details of landscaping referred to in the application, a scheme for the landscaping and treatment of the surroundings of the proposed development to include detailed drawings of:

(a) Those existing trees to be retained.

(b) Those existing trees to be removed.

(c) Those existing trees which will require thinning, pruning, pollarding or lopping as a result of this consent.

All such work to be agreed with the Council's Arboriculturalist.

(d) Those new trees and shrubs to be planted together with a schedule of species shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of the development. Note: The landscaping scheme shall include the provision of one fruit tree per private garden and at least two fruit trees within the communal open space. Such an approved scheme of planting, seeding or turfing comprised in the approved details of landscaping shall 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 for the Local 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.

 

TREE PROTECTION

5.         Before any works herein permitted are commenced, all those trees to be retained, as indicated on the approved drawings, shall be protected by secure, stout, exclusion fencing erected at a minimum distance equivalent to the branch spread of the trees and in accordance with BS 5837:2005 and to a suitable height. Any works connected with the approved scheme within the branch spread of the trees shall be by hand only. No storage of materials, supplies or plant machinery shall be stored, parked, or allowed access beneath the branch spread of the trees or within the exclusion fencing.

Reason: In order to ensure the safety and well being of the trees on the site during constructional works that are to remain after building works are completed.

 

HARD LANDSCAPING

6.         Details of a scheme depicting those areas to be treated by means of hard landscaping shall be submitted to, approved in writing by, and implemented in accordance with the approved details. Such a scheme to include a detailed drawing of those areas of the development to be so treated, a schedule of proposed materials and samples to be submitted for written approval on request from the Local Planning Authority.

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

 

LANDSCAPING - IMPLEMENTATION/MAINTENANCE

7.         All landscaping and ecological enhancement works, including planting, seeding or turfing comprised in the approved scheme of landscaping as described in condition "Landscaping - Landscaping Scheme" shall be completed no later than the first planting and seeding seasons following the occupation of the building. Any trees or plants which within a period of FIVE years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of 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: To enhance the appearance of the development in the interest of the visual amenities of the area.

 

BOUNDARY TREATMENT

8.         Notwithstanding the details contained within the plans hereby approved, full details of boundary treatments, including fencing and gates, to the entire site be submitted to and approved by the Local Planning Authority prior to the commencement of the development.

Reason: In order to safeguard the visual amenity of the area and to ensure adequate means of enclosure for the proposed development.

 

EXTERNAL LIGHTING

9.         Notwithstanding the details contained within the development hereby approved, full details of the artificial lighting scheme to the entrance, vehicular routes and parking areas, pedestrian routes and designated communal amenity space shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development.

Reason: to ensure the satisfactory appearance of the development.

 

WASTE MANAGEMENT

10.       Details of a scheme for the storage and collection of refuse from the premises shall be submitted to and approved by the Local Planning Authority prior to the commencement of the use. The approved scheme shall be implemented and permanently retained to the satisfaction of the Local Planning Authority.

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.

 

NOISE

11.       The development hereby approved shall comply with BS8233 with regards to sound insulation and noise reduction.

Reason: In order to ensure satisfactory amenity of future residents of the development.

 

FIRE AND EMERGENCY

12.       The applicant shall receive full approval from London Fire and Emergency Planning Authority (LFEPA) with regards to all issued covered by the LFEPA including access for Fire Fighting purposes and the provision and location of dry risers where applicable, prior to the commencement of works.

Reason: To ensure the development complies with all LFEPA requirements

 

ECOLOGY

13.       The applicant shall comply with the recommendations set out in the Habitat Survey, produced by Baker Shepherd Gillespie, dated May 2009.

Reason: To ensure the ecological impact of the development is minimised.

 

PERMITTED DEVELOPMENT

14.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order revoking and re-enacting that Order with or without modification), no development otherwise permitted by any part of Class A, B, D & E of Part 1 to Schedule 2 of that Order shall be carried out on site.

Reason: To safeguard the amenities of neighbouring occupiers and the general locality

 

CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN

15.       The development hereby approved shall not commence until a Construction Environmental Management Plan, including Site Waste Management Plan, Site Management Plan and Construction Logistics Travel Plan, has been submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include but not be limited to the following:

a) Public Safety, Amenity and Site Security;

b) Operating Hours, Noise and Vibration Controls;

c) Air and Dust Management;

d) Storm water and Sediment Control and

e) Waste and Materials Re-use.

The Site Waste Management Plan will demonstrate compliance with an appropriate Demolition Protocol. The development shall be carried out in accordance with the approved details. Additionally the site or Contractor Company must be registered with the Considerate Constructors Scheme. Proof of registration must be sent to the LPA prior to any works being carried out on the site.

 

Reason: In order to have regard to the amenities of local residents, businesses, visitors and construction sites in the area during construction works.

 

CONSTRUCTION HOURS

16.       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.

 

HOARDINGS

17.       Prior to the commencement of development full details of a scheme for the provision of hoardings around the site during the construction period including details of design, height, materials and lighting shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the works and unless otherwise agreed in writing by the Local Planning Authority. The development shall be carried out only in accordance with the scheme as approved.

Reason: In order to have regard to the visual amenity of the locality an the amenities of local residents, businesses, visitors and construction sites in the area during construction works.

 

CONSTRUCTION DUST MITIGATION

18.       No development shall commence until a detailed report, including Risk Assessment, detailing management of demolition and construction dust (based on the Mayor's Best Practice Guidance "The control of dust and emissions from construction and demolition") has been submitted to and approved in writing by the Local Planning Authority. This should include an inventory and timetable of dust generating activities, emission control methods and where appropriate air quality monitoring.

Reason: To protect the environment and amenities of the locality.

 

CONTAMINATED LAND

19.       Before development commences other than for investigative work:

a) A desktop study shall be carried out which shall include the identification of previous uses, potential contaminants that might be expected, given those uses, and other relevant information. Using this information, a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors shall be produced. The desktop study and Conceptual Model shall be submitted to the Local Planning Authority. If the desktop study and Conceptual Model indicate no risk of harm, development shall not commence until approved in writing by the Local Planning Authority. b) If the desktop study and Conceptual Model indicate any risk of harm, a site investigation shall be designed for the site using information obtained from the desktop study and Conceptual Model. This shall be submitted to, and approved in writing by, the Local Planning Authority prior to that investigation being carried out on site. The investigation must be comprehensive enough to enable:-

 

•             A risk assessment to be undertaken,

•             Refinement of the Conceptual Model, and

•             The development of a Method Statement detailing the remediation requirements.

The risk assessment and refined Conceptual Model shall be submitted, along with the site investigation report, to the Local Planning Authority.

Reason: To ensure the development can be implemented and occupied with adequate regard for environmental and public safety.

 

JAPANESE KNOTWEED

20.       Japanese Knotweed has been identified to be present on the site. Japanese Knotweed can be far more extensive than the visible parts on the surface and that the underground parts of the plant may extend laterally up to 7 metres beyond this. Prior to the commencement of work on site, a survey, including any knotweed adjoining the site and full details of a scheme for its eradication and/or control shall be submitted to and approved by the Local Planning Authority and the approved scheme shall be implemented prior to the commencement of construction.

Reason: In order to ensure the eradication of Japanese Knotweed which is an invasive plant and the spread of which is prohibited under the Wildlife and Countryside Act 1981.

 

ACCESSIBILITY AND LIFETIME HOMES

21.       Within the development hereby approved, at least 10% of the residential dwellings shall be wheelchair accessible or easily adaptable for residents who are wheelchair users. In addition, 100% of the dwellings shall be built to meet Lifetime Homes standards, unless otherwise agreed in writing by the Local Planning Authority. Evidence of compliance with the above shall be submitted to and approved in writing by the Local Planning Authority, prior to the commencement of the development.

Reason: In order to ensure adequate accessibility for the disabled and mobility impaired throughout their lifetime.

 

CODE FOR SUSTAINABLE HOMES

22.       Prior to the commencement of the development an Independent Sustainability Assessment, in accordance with Building Research Establishment guidelines, demonstrating that the residential properties are to achieve a minimum Level 4 rating under the Code for Sustainable Homes, shall be submitted to and approved in writing by the local planning authority.

Reason: In order to ensure an appropriate level of energy efficiency and sustainability is provided by the development.

 

INFORMATIVE - CRIME PREVENTION

The residential buildings hereby approved shall comply with BS 8220 (1986) Part 1 'Security Of Residential Buildings' and comply with the aims and objectives of the police requirement of 'Secured By Design' & 'Designing Out Crime' principles.

 

INFORMATIVE - NAMING / NUMBERING

The new development will require numbering. The applicant should contact the Transportation Group at least six weeks before the development is occupied (Tel. 020 8489 5573) to arrange for the allocation of a suitable address.

 

INFORMATIVE - THAMES WATER

Waste Comments

Surface Water Drainage - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into

the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

 

Recent legal changes under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 mean that the sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you contact Thames Water to discuss their status in more detail and to determine if a building over / near to agreement is required. You can contact Thames Water on 0845 850 2777 or for more information please visit our website at www.thameswater.co.uk

 

Water Comments

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.

 

 

INFORMATIVE - NETWORK RAIL

·         All surface and foul water arising from the proposed works must be collected and diverted away from Network Rail property. In the absence of detailed plans all soak aways must be located so as to discharge away from the railway infrastructure.

·         All operations, including the use of cranes or other mechanical plant working adjacent to Network Rail's property, must at all times be carried out in a "fail safe" manner such that in the event of mishandling, collapse or failure, no materials or plant are capable of falling within 3.0m of the nearest rail of the adjacent railway line, or where the railway is electrified, within 3.0m of overhead electrical equipment or supports.

·         All excavations/ earthworks carried out in the vicinity of Network Rail property/ structures must be designed and executed such that no interference with the integrity of that property/ structure can occur.

·          Security of the railway boundary will require to be maintained at all times. If the works require temporary or permanent alterations to the mutual boundary the applicant must contact Network Rail's Territory Outside Parties Engineer.

·         Although the existing NR fence is adequate in preventing trespass there will inevitably be pressure from the new residents to soften or even attempt to alter its appearance. It should be noted that our fence should not be altered or moved in any way and nothing should be put in place to prevent us from maintaining our

boundary fence as we are obliged to do so in law. It is our experience that most developments seek to provide their own boundary enclosure so as to avoid such future problems. It would also help to reduce the impact of railway noise. We would advise that the developer should provide a trespass proof fence adjacent

to Network Rail's boundary (minimum 1.8m high) and make provision for its future maintenance and renewal. Network Rail's existing fencing / wall must not be removed or damaged

·         The Developer should be aware that any development for residential use adjacent to an operational railway may result in neighbour issues arising. Consequently every endeavour should be made by the developer to provide adequate soundproofing for each dwelling. Please note that in a worst case scenario there could be trains running 24 hours a day and the soundproofing should take this into account.

 

INFORMATIVE:

Notwithstanding the details submitted on the approved plans and the development shall not include the use timber/cedar cladding and an alternative material(s) shall be discussed and agreed with the local planning authority prior to the submission of details in connection with condition 3 above.

 

INFORMATIVE

The application is advised that the proposed development 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 £30,800. 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.