Agenda item

Demolition of all existing buildings and construction of a part 3 to part 7 storey apartment block and a 3 storey mews block to provide 82 residential flats, including basement and undercroft car parking with 41 spaces, and comprehensive landscaping of the site.

 

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 demolition of all existing buildings and construction of a part 3 to part 7 storey apartment block and a 3 storey mews block to provide 82 residential flats, including basement and undercroft car parking with 41 spaces and comprehensive landscaping of the site. 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 details of a further representation received; an amendment to s106 head of terms covering car club membership and car parking management plan; a number of amendments to conditions; and a Conservation Officer response covering the impact of the development on the nearby listed church. An amendment was also advised to the recommendation set out within the report to read ‘that the Committee resolve to GRANT planning permission and that the Head of Development Management is delegated authority to issue the planning permission and impose conditions and informatives and subject to sec. 106 Legal Agreement to secure the following matters…..’

 

The Committee were advised that the Council’s new draft Site Allocations Development Plan Document (DPD) was due to go to Cabinet on 20 January for approval to release for public consultation. Although the document had limited weight at the current stage, it identified for the site a 5 storey height limit but with the potential for a higher element to mark the transition towards Archway Road local shopping centre. The officer view was also outlined that the scheme would have limited to no impact on the setting of the nearby church  when assessed against the enhancement of the Conservation Area by virtue of the redevelopment of the site. 

 

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

·         The mass, height and bulk of the scheme was of concern, in particular the increase to 7 storeys on Archway Road, and which would have a detrimental impact on the Conservation Area and damage heritage assets.

·         The 7 storey element would set a precedent for the development of taller buildings within the Conservation Area.

·         Although new developments and affordable housing provision were welcomed in Highgate, following the consultation with local people on the development of the Site Allocations DPD, an agreed brief had been outlined for the site centred on a 2-3 storey building rising to 4-5 storeys on Archway Road. The Highgate Forum were therefore upset that the Council had departed from this position.

·         Density levels for the scheme were considered too high and set in order to ensure the viability of the scheme. Levels should be lowered to protect the Conservation Area.

·         No separate assessment had been made of the scheme against development plan policy.

·         The scheme was a odds with certain elements of the National Planning Policy framework, Haringey and London Plan policies including that it sought to maximise and not optimise development potential, would breach the building line to Bishops Road in order to accommodate the scale and set a density towards the higher level of that permitted.

·         Objections to the application had been raised at numerous stages of the planning process and had not been resolved by subsequent cosmetic changes. Objections had been submitted by the Corporation of London, Highgate Society, Highgate Conservation Area Advisory Committee, Highgate Action Group, Haringey Design Panel and local residents.

·         The benefits of the scheme did not outweigh the harm caused to the Conservation Area.

·         It was requested that the Committee refuse or defer the application to allow significant reductions to be made to its scale.

·         Concerns were raised over the design of the scheme including the creation of north facing, single aspect units, ground floor flats located within the apex that would lack natural light and balconies that were too closely located for privacy. 

 

A representative from the City of London Corporation addressed the Committee as the owner and manager of Highgate Woods and raised the following points:

·         The Corporation could not support the application due to concerns over the impact of the scheme on the adjoining Highgate Woods which were designated Metropolitan Open Land (MOL) and the Conservation Area.

·         The application was contrary to the Site Allocations DPD which outlined a 4-5 storey building for the site, the Unitary Development Plan in not protecting or enhancing MOL and to adopted and emerging planning policy through an unacceptable impact on the openness of MOL.

·         Massing diagrams demonstrated that a 7 storey building would be visible from the Woods, particularly in winter months and would therefore have an overbearing visual effect and be detrimental to the MOL and Conservation Area

 

Cllrs Hare and Morris addressed the Committee as local ward councillors and raised the following points:

·         The lack of evidence to support the substantial increase in height of development permitted on the site from the 4-5 storeys outlined within the early consultation draft of the new Site Allocations DPD. 

·         The site should not be classified as a gateway site, particularly considering Archway Road was predominantly made up of 2-3 storey buildings. Allowing a higher development would set a dangerous precedent for taller buildings in the area.

·         The density of the scheme was too high resulting in site cramming and was inconsistent with that permitted at other Highgate development sites. 

·         Concerns were expressed over the advance of the building line to Bishops Road.

·         It was suggested that the developer had overbid on the land and therefore was seeking to make up the difference through high densities and fewer affordable housing units.

·         Documents obtained via a Freedom of Information request identified that the Council’s Conservation Officer had had concerns regarding the impact of the scheme on the Conservation Area relating to bulk and massing and density, particularly to the tower.

·         A poor quality design resulted in a number of flats being north facing, single aspect with kitchens provided with no natural light.

·         The scheme contained an under provision of affordable housing

 

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

·         The high quality, sensitive design was appropriate for the area and utilised an accessible, brown field site.

·         The scheme would provide a 32% onsite affordable housing contribution, a tenure lacking in the west of the borough.

·         A series of pre-application meetings had been held with planning officers, local residents and community groups and which had resulted in a number of changes to the final design submitted.

·         The density had been reduced from that originally proposed and was appropriate for the site in line with Mayoral standards.

·         Benefits of the scheme included the provision of a number of family units, a tenure blind design, high quality amenity space and children’s play facilities.

·         The scheme would not break the skyline or be visible from the playing fields in Highgate Woods.

 

The Committee raised the following points and questions in discussion of the application:

·         Clarification was sought from officers on the compatibility of the scheme with the Conservation Area. Officers outlined the sensitive, high quality nature of the design including the stepping of the building with lower height to residential side streets and the distinctive focal point to the streetscape provided by the higher tower element. The design was not considered to be out of scale or context with the local area, which included buildings of variable heights.

·         The Conservation Officer was asked to confirm her view of the scheme following the comments made by the ward councillors. She confirmed that the email obtained under the Freedom of Information request dated back to May 2014, at which point the proposed density levels for the scheme had been higher. Subsequent changes made to the application since this time had required a reanalysis of the scheme and the final position reached of no formal objection on conservation grounds as set out within the report.

·         In response to a question regarding the impact on MOL, officers advised that the development would not be seen from the main open space within the woods or have a visible impact beyond that made by the current and surrounding buildings

·         In response to the concerns raised over the density level of the scheme, it was advised that the officer view was development on the site had been optimised as opposed to maximised as supported by the quality of the residential units. The site had good transport links and was located on a main road thereby rendering a higher density level appropriate. In response to a further question regarding a link between the sale price of the plot and high density levels, it was advised that the sale price of the land was not factored into the viability assessment under which the affordable housing contribution had been assessed. 

·         The applicant confirmed in response to concerns regarding the impact of the apex design to natural light received to lower floor accommodation that units were not located within the corner of the apex at ground level and that the units at first floor level were triple aspect. All units had been assessed as compliant with daylight/sunlight requirements.

·         In response to concerns regarding balcony design, the applicant advised that they formed an important part of the design, would meet required standards and have glazed balustrades. The applicant provided additional assurance that the scheme contained no single aspect, north facing units, with all flats dual aspect as a central part of the design.

·         Confirmation was provided that the central courtyard would be accessible for all residents of the scheme and that a proportion of the parking provision would be allocated to the affordable housing units under the management plan.

 

Cllr Carter asked that officers note his comment regarding the terms used to describe development land.

 

Cllr Carter, seconded by Cllr Beacham, put forward a motion to reject the application on the grounds that the 7 storey tower was incompatible with a Conservation Area; the density of the scheme was too high; the scheme was not set back to Bishops Road; the building line on Bishops Road was not observed; the balconies were unrealistic and concerns over height and massing. Following a vote, the motion fell.

 

The Chair moved the recommendation of the report and it was

 

RESOLVED

·         That planning application HGY/2014/2464 be approved subject to conditions and subject to 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 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 take place until precise details of the materials to be used including fenestration, bricks, mortar and cladding 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.    No development shall commence until details of a scheme for the reconstruction of the footways and construction of a new vehicular access on Bishops Road have been submitted to and approved in writing by the Local Planning Authority.

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

 

5.    Within 3 months prior to construction work commencing on-site of the development hereby approved, a Construction Management Plan (CMP) and Construction Logistics Plan (CLP) shall be submitted to, and approved in writing by Local Planning Authority. The plans should provide details on how construction work (inc. demolition) would be undertaken in a manner that disruption to traffic and pedestrians on the Church Road, Bishops Road, Archway Road. It is also requested that construction vehiclemovements 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.

 

6.    No development shall hereby approved commence until a service and delivery 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 on the transportation.

 

7.    No development shall hereby approved commence until a Car Parking Management Plan have been submitted to, and approved in writing by the Local Planning Authority. The approved details shall be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the proposed parking provision is adequately managed.

 

8.    No development shall hereby approved commence until a final layout for 20% active and 20% passive electric vehicle charging points (EVCP) in line with London Plan and TfL requirements have been submitted to, and approved in writing by the Local Planning Authority. The approved details shall be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

Reason: To provide residential charging facilities for electric vehicles and to encourage the uptake of electric vehicles.

 

9.    No development shall hereby approved commence until a final layout for 9 disabled parking bays in line with London Plan and TfL requirements have been submitted to, and approved in writing by the Local Planning Authority. The approved details shall be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to ensure that people with disabilities are not excluded from using the proposed development.

 

10.No development hereby approved shall commence until full details of both hard and soft landscape works, including the angled sections at the edge of the tower 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).

 

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

 

11.No development hereby approved shall commence until details of proposed 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.

 

12.Prior to installation, details of the Ultra Low NOx boilers for space heating and domestic hot water shall be submitted to, 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 20 mg/kWh.

Reason: To protect local air quality.

 

13.Prior to commencement of the development hereby approved, evidence must show that the combustion plant to be installed meets an emissions standard of 40mg/kWh be submitted to, approved in writing by the Local Planning Authority.  Where any installations e.g. Combined Heat and Power combustion plant does not meet this emissions standard it should not be operated without the fitting of suitable NOx abatement equipment or technology as determined by a specialist to ensure comparable emissions.  Following installation emissions certificates will need to be provided.

Reason: To protect local air quality.

 

14.a) No development hereby approved shall commence until 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.

 

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.

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

 

15.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.

 

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

Reason: To minimise loss of amenity to neighbouring residential premises during the construction of the development.

 

17.No impact piling of the development hereby approved shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface water infrastructure, and the programme for the works) has been submitted to, and approved in writing by the Local Planning Authority in consultation with Thames Water.  Any piling must be undertaken in accordance with the terms of the approved piling method statement.

Reason: The proposed works will be in close proximity to underground water utility infrastructure. Piling has the potential to impact on local underground water utility infrastructure.  The applicant is advised to contact Thames Water Developer Services on 0845 850 2777 to discuss the details of the piling method statement.

 

18.No development hereby approved shall commence until a drainage strategy detailing any on and/or off site drainage works, has been submitted to and approved in writing by the Local Planning Authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

Reason: The development may lead to sewage flooding; to ensure that sufficient capacity is made available to cope with the new development; and in order to avoid adverse environmental impact upon the community.

 

19.Prior to the occupation of the units hereby approved, a final Code Certificate certifying that Code Level 4 has been achieved shall be submitted to, and approved in writing by the Local Planning Authority.

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

 

20.The development hereby permitted shall be built in accordance with the approved energy assessment ref. N950-14-16877, and the energy provision shall be thereafter retained in perpetuity without the prior approval, in writing, of the Local Planning Authority.

Reason: To ensure that a proportion of the energy requirement of the development is produced by on-site renewable energy sources.

 

21.Prior to the commencement of any development hereby approved and before any equipment, machinery or materials are brought onto the site for the purposes of the development hereby approved, details of the specification and position of the fencing for the protection of any retained trees within and adjacent to the site to comply with BS 5837: 2012 - Trees in relation to design, demolition and construction – Recommendations) shall be submitted to and approved in writing by the Local Planning Authority.

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

 

22.No development hereby approved shall commence until a site meeting must take place with the Architect, the consulting Arboriculturist, the Local Authority Arboriculturist, and the Planning Officer to confirm the protection measures to be implemented. All protective measures must be installed by the Council Arboriculturist and thereafter be retained in place until the works are complete.

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

 

23.No development hereby approved shall commence until details and the locations of 1 x bat box and 2 x bird boxes have been submitted to, and approved in writing by the Local Planning Authority. Such approved details shall be thereafter retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

Reason: To provide bat roosting and bird nesting opportunities within the existing site.

 

24.No demolition works of the development hereby approved shall commence until a minimum of Level 3 recording of the Highgate Magistrate’s Court and a minimum of Level 2 recording of the Highgate Police Station and Telfer House as per English Heritage’s guidance to ‘Understanding Historic Buildings: A guide to good recording practice’ has been submitted to, and approved in writing by the Local Planning Authority.

Reason: To ensure that there is evidence that the structure appears on Council's records.

 

25.Prior to the occupation of the development hereby permitted, the obscure glazed second floor windows to the south and west elevations, and obscure frosted glass panel second floor balcony to the west elevation of the main block as shown on drawing ref. 00822_E_01 rev P1, shall be installed in accordance to the approved plans, and shall be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

Reason: To avoid overlooking into the adjoining properties

 

Informatives

a)    The NPPF

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)    CIL

The applicant is advised that the proposed development will be liable for the Mayor of London and Haringey CIL.  Based on the information given on the plans, the Mayor's CIL charge will be £89,880 (.2,568 x £35) and the Haringey CIL charge will be £680,520 (2,568 x £265). 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.

 

c)    Street naming

The new development will require naming. The applicant should contact the Local Land Charges at least six weeks before the development is occupied (tel. 020 8489

 

d)    Asbestos

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.

 

e)    Hours of construction

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.

 

f)     Thames Water

Waste - 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 on line 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.

 

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 groundwater. 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.

 

Thames Water requests that the Applicant should incorporate within their proposal, protection to the property by installing for example, a non-return valve or other suitable device to avoid the risk of backflow at a later date, on the assumption that the sewerage network may surcharge to ground level during storm conditions.

 

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

 

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.

 

Supplementary Comments

Thames Water requires a foul water and surface water drainage strategy that indicate the existing flow off the site (as well as their connection points) and the proposed flow off the site. This data can then be used to determine the impact on the public sewer system.

 

 

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.