Agenda item

Erection of 2 storey four bedroom house with basement (Revised Plans)

 

RECOMMENDATION: grant permission subject to conditions.

The Committee considered a report on the application to grant planning permission for the erection of a 2 storey, four bedroom house with basement. 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 attention of the Committee was drawn to a tabled amendment to the report setting out an amendment to condition 13 to require Council approval of a Method of Construction Statement.

 

A number of objectors addressed the Committee and raised the following points:

·         The design was overbearing in terms of size and scale with the apparent sole intention of extracting maximum profit from the site. The result would be a very outsized four bedroom house with room dimensions so large that they would not sufficiently be covered by the proposed fire sprinkler system.

·         The scheme constituted the development of garden land which was out of line with national and local policy and would set a precedent in the area.

·         The new building would result in a loss of light, privacy and amenity to surrounding properties including overlooking from proposed balconies.

·         The basement assessment had not been undertaken by a suitably qualified professional using BRE methodology.

·         There were inaccuracies within the information provided by the applicant including that the land had never formed private amenity space, that there was currently vehicular access and that the dimensions did not take into account overhanging roofs or lightwells. The objectors asserted that the land had previously served as private amenity space for the ground floor flat at number 92. It was considered that the information provided was not accurate enough to allow the Committee to make an informed decision on the application.

·         The Party Wall Act would provide minimal protection to neighbouring properties in the event that any structural issues arose from the works.

·         The proposed screening would impeach on the established right of access for neighbours via the side passageway.

·         The many iterations of the report had been a source of confusion.

 

Cllr Sahota addressed the Committee in his capacity as a local ward Councillor and outlined his support for the objector’s concerns regarding the very large, dominating scale of the scheme, the negative impact on surrounding properties from loss of amenity and privacy, overlooking and overshadowing. The site was additionally in a Conservation Area and near a wildlife corridor and as a result, he urged the Committee to reject the application.

 

The applicant’s representative addressed the Committee and raised the following points:

·         The design had been through a number of iterations to incorporate comments from objectors and officers in particular to address any potential overlooking issues e.g. through the provision of obscure balconies etc.

·         The basement assessment had been undertaken by an appropriately qualified individual accredited by the Engineering Council.

·         A number of other experts had been consulted regarding the development and had not raised any concerns regarding the scheme.

·         In response to concerns raised by the Committee regarding the potential deterioration in the appearance of the proposed timber cladding and white render over time, confirmation was provided that the cladding effect would be achieved through the use of timber effect concrete tiles. The applicant indicated that consideration would be given to utilising a darker shade of render. Officers confirmed that this issue would be covered under the discharge of materials condition.

·         Confirmation was provided that Network Rail had been consulted on the plans and had raised no objection subject to their prior approval of excavation works.

 

In light of the issues raised by objectors regarding the basement impact assessment, officers advised that the Building Control department had reviewed the report submitted and found it to be in order. The use of piling as a construction method would also help to minimise any ground movement. In response to the objectors comments that the scheme constituted ‘garden grabbing’, officers advised that according to historical OS maps, the plot and the plot that 92a sits on were separate plots. With regards to the comments regarding the room sizes precluding the use of a fire sprinkler system, confirmation was provided that the London Fire Brigade had suggested that a sprinkler system be installed. In addition, the Building Control department had reviewed the British Standard Institute standards for automatic fire sprinkler systems and saw no reason that a system could not be installed in the scheme. 

 

The Chair moved the recommendation of the report and it was

 

RESOLVED

·         That planning application HGY/2014/0697 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 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 for the Local Planning Authority to retain control over the exact materials to be used for the proposed development and to assess the suitability of the samples submitted in the interests of visual amenity.

 

4.         Details of a scheme depicting those areas to be treated by means of hard and soft landscaping (including details of species, location and the size of the new trees to be planted) 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 and in the interests of the visual amenity of the area.

 

5.         Prior to the first occupation of the building a plan showing details of the green roof including species, planting density, substrate and a section at scale 1:20 showing that adequate depth is available in terms of the construction and long term viability of the green roof, and a programme for an initial scheme of maintenance shall be submitted to and approved in writing by the local planning authority. The green roof shall be fully provided in accordance with the approved details prior to first occupation and thereafter retained and maintained in accordance with the approved scheme of maintenance  Reason: To ensure that the green roof is suitably designed and maintained.

Reason: To ensure that the green roof is suitably designed and maintained.

 

6.         No development shall proceed until details of all existing and proposed levels on the site in relation to the adjoining properties be submitted and approved by the Local Planning Authority. The development shall be built in accordance with the approved details.

Reason: In order to ensure that any works in conjunction with the permission hereby granted respects the height of adjacent properties through suitable levels on the site.

 

7.         Details of proposed replacement/ new boundary treatments shall be submitted to, approved in writing by the Local Planning Authority and thereafter implemented in accordance with the approved plans/detail.

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

 

8.         A pre-commencement site meeting must take place with the Architect, the consulting Arboriculturist, the Local Authority Arboriculturist, the Planning Officer to confirm tree protective measures to be implemented. All protective measures must be installed prior to the commencement of works on site and shall be inspected by the Council Arboriculturist and thereafter be retained in place until the works are complete.

Reason: To safeguard the health of existing trees which represent an important amenity feature.

 

9.         No development shall commence until a full No-Dig specification and a cellular containment system for works the driveway within the root protection area of protected and retained trees has been submitted and approved in writing by, the Local Planning Authority. The construction of the surface shall be carried out in accordance with approved details and thereafter retained

Reason: In order to protect trees on and adjacent to the site which are to be retained with surfacing placed near to or over the trees root system.

 

10.      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 to 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.

 

11.                   No part of any of the roofs to the development hereby granted shall be used as a roof terrace. 

Reason: In order to protect the amenity of occupants of the adjoining residential properties.

 

12.                   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. 

Reasons: 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.

 

13.      No development shall take place, including any works of demolition, until a Method of Construction Statement, to include details of:

a) parking and management of vehicles of site personnel, operatives and visitors

b) loading and unloading of plant and materials

c) storage of plant and materials

d) programme of works (including measures for traffic management)

e) provision of boundary hoarding behind any visibility zones

f) wheel washing facilities:

have been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented and retained during the demolition and construction period. 

Reasons: To ensure there are no adverse impacts on the free flow of traffic on local roads and to safeguard the amenities of the area consistent with Policies 6.3, 6.11 and 7.15 of the London Plan 2011, Policies SP0 of the Haringey Local Plan 2013 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

14.      No development shall be carried out until such time as the person carrying out the work is a member of the Considerate Constructors Scheme and its code of practice, and the details of the membership and contact details are clearly displayed on the site so that they can be easily read by members of the public.

Reason: In the interests of residential amenity.

 

 

Informatives:

 

a)    Positive and proactive manner

In dealing with this application, Haringey Council has implemented the requirements of the National Planning Policy Framework and of the Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012 to work with the applicant in a positive and proactive manner. As with all applicants, we have made available detailed advice in the form of our statutory policies, and all other Council guidance, as well as offering a full pre-application advice service, so as to ensure the applicant has been given every opportunity to submit an application which is likely to be considered favourably.

 

b)    Transportation

The new development will require numbering. The applicant should contact the Local Land Charges team at least six weeks before the development is occupied (tel. 020 8489 5573) to arrange for the allocation of a suitable address

 

c)    Party Wall Act

The applicant's attention is drawn to the Party Wall Act 1996 which sets out requirements for notice to be given to relevant adjoining owners of intended works on a shared wall, on a boundary or if excavations are to be carried out near a neighbouring building.

 

d)    Hours of Construction Work

The applicant is advised that under the Control of Pollution Act 1974, construction work which will be audible at the site boundary will be restricted to the following hours:-

            8.00am - 6.00pm      Monday to Friday

            8.00am - 1.00pm      Saturday

            and not at all on Sundays and Bank Holidays.

 

e)    CIL

The applicant 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 £8925.00 (255sq.m 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.

 

f)     Network Rail

Construction

Any scaffold, cranes or other mechanical plant must be constructed and operated in a “fail safe” manner 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.

 

Demolition

Any demolition or refurbishment works must not be carried out on the development site that may endanger the safe operation of the railway, or the stability of the adjoining Network Rail structures

 

Drainage

No water or effluent should be discharged from the site or operations on the site into the railway undertaker's culverts or drains. Storm/surface water must not be discharged onto Network Rail’s property or into Network Rail’s culverts or drains except by agreement with Network Rail. Suitable drainage or other works must be provided and maintained by the Developer to prevent surface water flows or run-off onto Network Rail’s property. Suitable foul drainage must be provided separate from Network Rail’s existing drainage.

 

Noise and Vibration

The potential for any noise/ vibration impacts caused by the proximity between the proposed development and any existing railway must be assessed in the context of the National Planning Policy Framework which holds relevant national guidance information. The current level of usage may be subject to change at any time without notification including increased frequency of trains, night time train running and heavy freight trains.

 

Landscaping

Any hedge planted adjacent to Network Rail’s boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fencing.

 

Lists of trees that are permitted and those that are not permitted are provided below and these should be added to any tree planting conditions:

 

Permitted:

Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees – Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash – Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat “Zebrina”

 

Not Permitted:

Alder (Alnus Glutinosa), Aspen – Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore –Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane

(Platanus Hispanica).

 

A comprehensive list of permitted tree species is available upon request.

 

 

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.