Agenda item

Infill development of 2 x three storey terraced houses.

RECOMMENDATION: grant permission subject to conditions.

The Committee considered a report on the application to grant planning permission for the infill development of 2 x three storey terraced houses. 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.

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

·         No reference had been made by officers to the impact of the scheme on nos 1 and 3 Alexandra Gardens, particularly with regards to overlooking.

·         The site had previously been designated a play area as a planning gain attached to a previous planning permission due to the lack of private amenity space in the area. It was commented that the Council as the land owner would be open to the risk of award of costs in this regard should this established use be ignored, with the site having been used by three generations as a play space.

·         The scheme would compromise the existing amenity due to overlooking to neighbouring properties, particularly as a result of the short separation distance from the habitable rear windows to the Alexandra Road properties. 

·         Three trees would be lost from the site with no plans for replacement.

·         Insufficient parking spaces were proposed which would exacerbate existing parking pressures in the area particularly during the day from the proximity to a performing arts centre.

·         There was an established right of way on the site for number 12 Muswell Hill Place. The occupants of number 12 had also exclusively used one of the parking spaces on the site and had established a right.

·         The plot of land was narrow with the consequence that the proposed houses would have very small gardens.

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

·         The right of access on the site for residents at number 12 would continue to be maintained including the provision of a new gate.

·         Extensive consultation had been carried out with local residents and design changes made as a result including reductions to the bulk and massing of the scheme.

·         It was accepted that overshadowing was a concern to the gardens of neighbouring properties but that this was not considered significant enough to change the officer recommendation to approve the scheme, particularly as the gardens oriented north.

·         It was understood that the site was originally conceived in 1975 as a communal play space/amenity area for the adjoining Council properties on either side. The site currently however appeared to be unused, was not well kept or suitable for use as a play area and that sufficient time had elapsed to consider the development of the site for residential use.

·         The trees currently on site were not subject to Tree Protection Orders and mature trees would be planted in the area, in consultation with local residents, to replace the ones removed on the site.

The Committee sought clarification from the Legal Officer regarding the legal issues raised by the objectors including potential legal challenge over the loss of amenity play space designation. It was advised that this was not a legal issue and assurances were provided that by granting the application, the Council would not be committing any legal breaches as a land owner or decision maker.  

In response to concerns raised regarding overlooking to the properties on Alexandra Gardens, it was advised that there were existing sensitivities relating to overlooking between the terraces due to their positioning at a junction. It was the officer view that the overlooking would not be significant enough to warrant refusal. Boundary treatments would also help to mitigate where possible.

With regards to the comments made by the objectors about parking provision, a parking survey had identified sufficient on street parking capacity in the locality and that the two residential units were unlikely to have any significant impact on the surrounding highway network or parking demand in the area. It was emphasised that the existing parking spaces were located on Council owned land and not within the deeds of any local residents.

The Chair moved the recommendation of the report and it was

RESOLVED

·         That planning application HGY/2014/2555 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 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.         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.

5.         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.

6.         Notwithstanding the provisions of the Town & Country Planning General Permitted Development Order 1995 or any Order revoking or re-enacting that Order, no roof extensions; rear extensions; side extensions; front extensions; shall be carried out without the grant of planning permission having first been obtained from the Local Planning Authority.

Reason: To safeguard the visual amenities of the area and to prevent overdevelopment of the site by controlling proposed extensions and alterations consistent with Policy 7.4 of the London Plan 2011 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

7.         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

8.    Details of a scheme depicting those areas to be treated by means of hard and soft landscaping, 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 of 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 in the interests of the visual amenity of the area.

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 on 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.