Agenda item

Variation of condition 2 (plans and specifications) attached to planning permission HGY/2013/1792 to regularise the condition with minor amendments to the Travis Perkins Unit A

 

RECOMMENDATION: subject to conditions and subject to a s106 Legal Agreement.

The Committee considered a report on the application to grant permission for the variation of condition 2 (plans and specifications) attached to planning permission HGY/2013/1792 to regularise the condition with minor amendments to the Travis Perkins unit A. 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 and a s106 legal agreement.

 

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

 

In response to a question, officers advised that the applicant had not submitted details of any additional jobs created by virtue of the extra floorspace sought.

 

The Chair moved the recommendation of the report and it was

 

RESOLVED

·         That planning application HGY/2014/1648 be approved subject to conditions and a s106 legal agreement 

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.

 

2.    The development hereby permitted shall only be built in accordance with the following approved plans:

PL101, PL102 Rev P1, PL104 Rev A, PL105, PL106, PL107, PL108 Rev A, PL109, PL110, PL111, PL112, PL113, PL114, PL115 Rev P1, PL116, PL117, PL118, PL119 Rev P1, PL120 Rev P1 & 130933/A/08 Rev A

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 take place until precise details of the materials to be used in connection with the development hereby permitted be submitted to, approved in writing by and implemented in accordance with the requirements of the Local Planning Authority and retained as such in perpetuity.

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

 

4.    a) No development shall commence until a desktop study and conceptual model shall be submitted to, and approved in writing by the Local Planning Authority. A desktop study 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.  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.

 

c)    If the risk assessment and refined conceptual model indicate any risk of harm, a Method Statement detailing the remediation requirements, using the information obtained from the site investigation, and also detailing any post remedial monitoring shall be submitted to, and approved in writing by, the Local Planning Authority prior to that remediation being carried out on site.

Where remediation of contamination on the site is required completion of the remediation detailed in the method statement shall be carried out and a report that provides verification that the required works have been carried out, shall be submitted to, and approved in writing by the Local Planning Authority before the development is occupied.

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

 

5. No development shall commence until a detailed report, including Risk Assessment, detailing management of demolition and construction dust has been submitted to, and approved in writing by the Local Planning Authority.  This shall be with reference to the London Code of Construction Practice. In addition either the site or the Demolition Company must be registered with the Considerate Constructors Scheme.  Proof of registration must be sent to the Local Planning Authority prior to any works being carried out on the site.

Reason: To ensure that the construction does not prejudice the ability of neighbouring occupiers' reasonable enjoyment of their properties.

 

6. No development shall commence until a detailed surface water drainage scheme for the site, based on the agreed Flood Risk Assessment (FRA) by McCloy Consulting Ltd, dated August 13, and the Sustainable drainage design statement Revision 2.0 dated, October 2013 and Paul D Kentish’s email to Aaron Lau dated 8 October 2013 13:53, 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 a restriction in run-off to 125.17 l/s and surface water storage on site as outlined in the FRA.

Reason: To prevent the increased risk of flooding, to improve and protect water quality, and improve habitat and amenity.

 

7. No development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

1)    A preliminary risk assessment which has identified: all previous uses potential contaminants associated with those uses a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site.

 

2)    A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

3)     The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the Local Planning Authority. The scheme shall be implemented as approved.

            Reason: To ensure protection of controlled waters.

 

8. Prior to the occupation of the development hereby permitted, a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

Reason: To ensure protection of controlled waters.

 

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

Reason: To ensure protection of controlled waters.

 

10. No buildings of the development hereby permitted shall be occupied until a final Certificate has been issued certifying that BREEAM (or any such equivalent national measure of sustainable building which replaces that scheme) rating ‘Very Good’ has been achieved for this development

Reason: To ensure that the development achieves a high level of sustainability

 

11. No development shall take place until full details of both hard and soft landscape works have been submitted to, and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include: proposed finished levels or contours; means of boundary fencing / railings; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained historic landscape features and proposals for restoration, where relevant. Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme). The soft landscaping scheme shall 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 approved in writing by the Local Planning Authority.

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.

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 retained thereafter.

 

Reason: In order for the Local Planning 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

 

12. No development shall commence until a construction management plan (CMP) and construction logistics plan (CLP) have been submitted to and approved in writing by the Local Planning Authority. The Plans should provide details on how construction work (inc. demolitions) would be undertaken in a manner that disruption to traffic and pedestrians on Watermead way and Leeside Road would be minimised.  It is also requested that construction vehicle movements should be carefully planned and co-ordinated to avoid the AM and PM peak periods.

Reason: To reduce congestion and mitigate any obstruction to the flow of traffic on the transportation and Highways network.

 

13. No development shall commence until a delivery and servicing plan (DSP) has been submitted to and approved in writing by the Local Planning Authority.

Reason: To reduce congestion and mitigate any obstruction to the flow of traffic.

 

14. No development shall commence until the applicant has entered into a Section 278 agreement or appropriate agreement with the Council's Highway, Parking and Transport Department to enable works to reinstate the highway and footway to adoptable standards, including the removal of redundant vehicle crossovers on the footway abutting Leeside Road.  The use hereby approved shall not commence until the above works have been completed to the satisfaction of the Local Planning Authority, at the cost of the developer.

Reason: In the interest of highway safety and to protect the visual amenity of the locality.

 

Informatives:

 

a)    Thames Water

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.

 

Water - 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.

 

b)    Environmental Health

Prior to demolition of existing buildings, an asbestos survey should be carried out to identify the location and type of asbestos containing materials.  Any asbestos containing materials must be removed and disposed of in accordance with the correct procedure prior to any demolition or construction works carried out.

 

c)    Environment Agency

i)             Contamination

Groundwater characterisation at the site is required. Site investigation works have identified a medium to high risk to groundwater from elevated contaminants identified in soil sampling completed so far. Primary controlled waters receptors at the site relate to the groundwater abstraction and also the nearby Pymmes Brook (if groundwater is in hydraulic continuity with the river).

 

ii)            Surface water

In order to discharge the surface water condition, the following information must be provided based on the agreed drainage strategy:

a)    A clearly labelled drainage layout plan showing pipe networks and any attenuation ponds, soakaways and drainage storage tanks. This plan should show any pipe 'node numbers' that have been referred to in network calculations and it should also show invert and cover levels of manholes.

b)    Confirmation of the critical storm duration.

c) Where infiltration forms part of the proposed stormwater system such as infiltration trenches and soakaways, soakage test results and test locations are to be submitted in accordance with BRE digest 365.

d) Where on site attenuation is achieved through attenuation ponds or tanks, calculations showing the volume of these are also required.

e) Where an outfall discharge control device is to be used such as a hydrobrake or twin orifice, this should be shown on the plan with the rate of discharge stated.

f) Calculations should demonstrate how the system operates during a 1 in 100 chance in any year critical duration storm event, including an allowance for climate change in line with the National Planning Policy Framework Technical Guidance. If overland flooding occurs in this event, a plan should also be submitted detailing the location of overland flow paths and the extent and depth of ponding.

 

d)    Community Infrastructure Levy

The applicant 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 £115,815 (£35 x 3,309 sqm). 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.

 

e)    Conditions

The applicant is reminded that the following pre-commencement conditions attached to this planning permission have been formally discharged by the Council:

 

No. 3 (Materials) - HGY/2014/0455;

No. 6 (Surface Water Drainage Scheme) - HGY/2014/0461;

No. 7 (Contamination risk assessment) - HGY/2014/0462; and

No. 13 (Service & delivery plan) - HGY/2014/0453

 

f)     Members’ consultation

Members shall be consulted on details of the soft boundary landscaping treatment and fencing / railings once a scheme has been submitted for consideration and determination.

 

g)    Working with the applicant

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.