Agenda item

Erection of a part 4/part 5 storey building to contain retail development on the ground floor consisting of 422sq.m of A1 use and 218sq.m of A3 use with 18 residential units on the upper floors.

 

RECOMMENDATION: grant permission subject to conditions and subject to a s106 legal agreement.

 

The Committee considered a report on the application to grant planning permission for the erection of a part 4/part 5 storey building to contain A1 and A3 retail use on the ground floor with 18 residential units on the upper floors. 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 subject to a s106 legal agreement.

 

The planning officer gave a short presentation highlighting the key aspects of the report. The Committee’s attention was drawn to a tabled addendum setting out an additional condition covering consultation with Thames Water regarding any piling works. Officers were also recommending a s106 obligation claw back clause to allow the Council to obtain further funds for offsite affordable housing should the actual sale price of the flats exceed that estimated in the viability statements.

 

A local resident addressed the Committee and raised the following points:

·         A number of plans to develop the site had been brought forward over the years and local residents had worked with the applicant on the current scheme design.

·         Local residents in general were resigned to the fact that the site would be developed but would have preferred a smaller scale scheme without the commercial space to the ground floor as it was considered there were sufficient units already available in the vicinity.

·         A number of additional conditions were proposed on behalf of local residents:

o   That commercial deliveries be received to the front of the site only.

o   Public access to the commercial units be only to the front.

o   The rear paved area be exclusively used for parking.

o   That measures be put in place to prevent any light pollution from the building such as the shading of external lights to the parking area where necessary.

o   Any plant and/or ventilation equipment be routed to the front of the building.

o   Any designated smoking area be located to the front of the building.

o   Retention of the 4m high wall to the site boundary and which should be clad in weatherproof wood.

 

An representative for the applicant addressed the Committee and raised the following points:

·         The applicant would be willing to consider the additional conditions proposed by the residents.

·         The new application addressed all the points of objection received over the last application to renew the extant permission in place which was refused and subsequently dismissed on appeal.

·         The design sought to make a positive contribution to the area and replicate materials and prominent design features in the vicinity.

Clarification was sought on the refuse storage arrangements for the commercial units. Assurances were provided that the applicant would be required to submit a waste management plan for Council approval.

 

The Committee expressed some concern over the use of impervious materials to the parking area at the rear of the development and subsequent water runoff and drainage issues. Officers proposed that a landscaping condition be added to secure the use of permeable paving material in this area and to which the applicant agreed.

 

The Committee sought clarification on the affordable housing contribution due for the scheme, with two different figures provided within the report. Officers advised that the second figure had been calculated based on the new Planning Obligations Supplementary Planning Document 2014 which was due for adoption by Cabinet on 15 October.

 

Confirmation was provided that the claw back clause as outlined in the addendum had been broadened from that detailed within the report regarding the build costs of the scheme to covering the sales prices of the units.

 

The Chair moved the recommendation of the report including the conditions outlined by the local resident and a landscaping condition and it was

 

RESOLVED

·         That planning application HGY/2014/0484 be approved subject to conditions and s106 legal agreement and s278 highways 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 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 information submitted with this application, no development shall take place until precise details of the external 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 and consistent with Policy SP11 of the Haringey Local Plan 2013 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

4.         Notwithstanding the Provisions of Article 4 (1) and part 25 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, no satellite antenna shall be erected or installed on the building hereby approved.  The proposed development shall have a central dish or aerial system for receiving all broadcasts for the residential units created: details of such a scheme shall be submitted to and approved by the Local Planning Authority prior to the occupation of the property, and the approved scheme shall be implemented and permanently retained thereafter.

Reason: In order to prevent the proliferation of satellite dishes on the development.

 

5.         No development shall take place until a detailed scheme for the provision of refuse and waste storage and recycling facilities has been submitted to and approved in writing by the Local Planning Authority. Such a scheme as approved shall be implemented and permanently retained thereafter.

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.

 

6.         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.

 

7.         Prior to the first occupation of the hereby approved ground floor A1 and A3 use class units a detailed scheme for the servicing and delivery of these units shall be submitted to and approved in writing by the Local Planning Authority.  Such a scheme as approved shall be implemented and permanently retained thereafter.

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.

 

8.         Prior to the first occupation of the hereby approved eighteen (18no) residential units on site, a detailed plan to provide secure and covered cycle parking facilities for 22 bicycles has been submitted to and approved in writing by the Local Planning Authority.  The development shall not be occupied until a minimum of 22 cycle parking spaces for users of the development, have been installed in accordance with the approved details.  Such spaces shall be retained thereafter for this use only.

Reason:  To promote sustainable modes of transport in accordance with Policies 6.1 and 6.9 of the London Plan 2011 and Policy SP7 of the Haringey Local Plan 2013.

 

9.         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 for written approval.

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 in accordance with Policy 5.21 of the London Plan 2011 and Saved Policy UD3 of the Haringey Unitary Development Plan.

 

10.       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 in accordance with Policy 5.21 of the London Plan 2011 and Saved Policy UD3 of the Haringey Unitary Development Plan.

 

11.       No works shall be carried out n the site until a detailed report, including risk assessment, detailing management of demolition and construction dust has been submitted and approved by the Local Planning Authority (reference to the London Code of Construction Practice) and that the site of contractor company 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 site.

Reasons: 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.

 

12.       Prior to the fisrt occupation of the hereby approved eighteen (18no) residential units, installation details of the boiler to be provided for space heating and domestic hot water are to be submitted to and approved in writing by the Local Planning Authority.  The boilers to be provided for space heating and domestic hot water shall have dry NOx emissions not exceeding 40mg/kWh (0%).  The boilers are to be installed and permanently retained thereafter, or until such time as more efficient technology can replace those previously approved.

            Reason:  To ensure that the Code for Sustainable Homes assessment obtains all credits available for reducing pollution, as required by the London Plan 2011 Policy 7.14.

 

13.       The dwellings hereby approved shall achieve a carbon reduction in CO2 emissions of at least 40%. No dwelling shall be occupied until a final Code Certificate has been issued for it certifying that this reduction 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.

 

14.       No building 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 Excellent has been achieved for this development,

Or Evidence that each element of the development is registered with a BREEAM certification body and that a pre-assessment report (or design stage certificate with interim rating if available) has been submitted indicating that the development can achieve the stipulated BREEAM level Excellent shall be presented to the local planning authority within 6 weeks of the date of this decision and a final certificate shall be presented to the local planning authority within 6 months of the occupation of the development. 

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.

 

15.       The A1 and A3 uses hereby permitted shall not be operated before 07:00 hours or after 23:00 hours on any day.

Reason: To protect the amenities of adjacent residential properties consistent with Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

16.       The design and installation of new items of fixed plant hereby approved by this permission shall be such that, when in operation, the cumulative noise level LAeq 15 min arising from the proposed plant, measured or predicted at 1m from the facade of nearest residential premises shall be a rating level of at least 5dB(A) below the background noise level LAF90.  The measurement and/or prediction of the noise should be carried out in accordance with the methodology contained within BS 4142: 1997. Upon request by the local planning authority a noise report shall be produced by a competent person and shall be submitted to and approved by the local planning authority to demonstrate compliance with the above criteria.

Reason: In order to protect the amenities of nearby residential occupiers consistent with Policy 7.15 of the London Plan 2011 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006

 

17.       At least 10% of the hereby approved eighteen (18no) residential units shall be wheelchair accessible or easily adaptable for wheelchair use unless otherwise agreed in writing with the Local Planning Authority. 

Reason:  To ensure that the proposed development meets the Council's Standards for the provision of wheelchair accessible dwellings in accordance with Haringey Local Plan 2013 Policy SP2. 

 

INFORMATIVE 1:  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 foster the delivery of sustainable development in a positive and proactive manner.

INFORMATIVE 2:  Where a developer proposes to discharge groundwater into a public sewer, a groundwater discharge permit will be required.  Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation.  Groundwater permit enquiries should be directed to Thames Water’s Risk Management Team by telephoning 020 8507 4890 or by emailing wwqriskmanagement@thameswater.co.uk.  Application forms should be completed online via www.thameswater.co.uk/wastewaterquality.  Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991.

INFORMATIVE 3:  Thames Water would recommend that petrol/oil interceptors be fitted in all car parking/washing/repair facilities.  Failure to enforce the effective us of petrol/oil interceptors could result in oil-polluted discharges entering local watercourses.

INFORMATIVE 4:  Thames Water recommends the installation of a properly maintained fat trap on all catering establishments.  In line with best practice for the disposal of fats, oils, and grease, the collection of waste oil by a contractor, particularly to recycle for the production of bio diesel.  Failure to implement these recommendations may result in this and other properties suffering blocked drains, sewage flooding, and pollution to local watercourses.

INFORMATIVE 5:  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 Water’s pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

INFORMATIVE 6: The new development will require numbering. The applicant should contact the Local Land Charges at least six weeks before the development is occupied (tel. 020 8489 5573) to arrange for the allocation of a suitable address.

INFORMATIVE 7: Community Infrastructure Levy.  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 £80,920.00 (2,312sqm x £35.00). 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.

INFORMATIVE 8:  The London Fire Brigade strongly recommends that sprinklers are considered for this development.  Sprinkler systems installed in buildings can significantly reduce the damage caused by fire and the consequential cost to businesses and housing providers, and can reduce the risk to life.