Agenda item

Demolition of existing garages and construction of 5 new dwelling units.

 

RECOMMENDATION: grant permission subject to conditions

The Committee considered a report on the application to grant planning permission for the demolition of existing garages and construction of 5 new dwelling units. 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 addendum setting out a minor correction to the report, amended wording to condition 2 and details of further representations received.

 

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

·         At the closest point, the separation distance to number 278 Alexandra Park Road was only 8m resulting in a loss of privacy, overlooking from windows and terraces and overshadowing, including a significant loss of sunlight to existing solar panels.  

·         The attention of the Committee was drawn to a tabled representation from Keystone Law on behalf of a number of the objectors and which was circulated to the Committee.

·         52 objections had been submitted in response to the application, although it was felt that the breadth and strength of feeling weren’t accurately captured within the report.

·         Potential damage would be caused to the mature oak tree to the front of the site.

·         The development would have a negative and adverse impact on surrounding area.

·         The adjacent entrance to Alexandra Park was used regularly by local people and would become overlooked and overshadowed due to the scheme and wouldn’t enhance the Park.

·         The design contravened GLA and Council standards and had received negative comments from the Haringey Design Panel.

·         The scheme would remove the turning space for emergency vehicles contrary to Building Regulations. 

·         The new units would have inadequate outside space as well as taking away open space currently used by existing residents.

·         Overlooking to Anderton Court would be intrusive including to the windows of habitable rooms.

·         No noise report had been submitted.

·         It was considered that although the need for additional housing in the borough was recognised, the scheme would contribute to this at the expense of current residents.

 

Cllr Strickland addressed the Committee as the Cabinet Member for Housing and Regeneration as well as a representative for the applicant and raised the following points:

·         The scheme would contribute to providing additional affordable housing stock within the borough and include units set at Council affordable social rent level as well as a number of larger family size properties.

·         Accommodation provided would be high quality, spacious and meet Lifetime Homes and Code for Sustainable Homes level 4. 

·         The scheme aimed to strike a balance between addressing the concerns raised by neighbours and the provision of new affordable homes.

·         With regards to the Design Review Panel comments referred to by the objectors, it was advised that changes had been made to the design as a result of the review process to address the concerns raised.

·         The units would all exceed required internal and external space standards. 

·         Windows would be screened or oblique where there was a concern about overlooking, with screening also provided to the terraces.

·         A root protection zone would be in place to protect the oak tree under condition to prevent damage

·         The scheme was compliant with BRE guidelines relating to sunlight and daylight.

 

[19.25 - Cllr Gunes enters the meeting]

 

The Committee raised the following points in their discussion of the application:

·         Clarification was sought on the potential loss of sunlight to neighbouring properties raised by the objectors. The applicant advised that the sunlight and daylight report had identified a reduction in sunlight but not to below BRE thresholds.

·         Further information was sought on the 8m separation distances to neighbouring properties. The applicant advised that windows to the new units within this zone would be oblique or with no direct sightlines. Officers identified that windows to the rear elevation of the new block at first and second floor level would face over the gardens of the adjoining property and there was scope for overlooking to adjoining properties. The canopies to the trees onsite would provide some degree of mitigation. It was advised that the separation distances would not automatically render the scheme unacceptable but that a balanced view was required over the impact on neighbours and the achievement of policy objectives.

·         Clarification was sought on changes made to the application post the design review panel process. It was advised that changes included those to the façade, window treatment and removal of split level terraces.

·         The Committee sought advice on the acceptability of the two conditions proposed within the Keystone Law letter. Officers advised that condition one covering 2m obscure glazing to the roof terraces of the three houses should be negated by the 1.7m parapet wall, which if found inadequate could be enhanced with an additional 30cm screen. Condition two covering translucent glazing to first floor east facing windows of the three houses would likely be deemed unlawful under the reasonableness test, with obscure glazing not a normal condition for habitable rooms.

·         Further clarification was sought on the access to the site for emergency vehicles. Officers advised that the minimum access width test was met and that at present turning space onsite was not a given due to the current car parking area and that it would not be considered unreasonable for vehicles to be required to reverse out.

·         Assurances were provided that the amenity space provided met the minimum standard required.

·         Clarification was sought on the impact of the scheme on local on-street parking pressure from the loss of the current car parking area. Officers provided information on the survey methodology applied and which had identified sufficient on-street parking capacity in the wider immediate area to absorb the loss of 15 spaces. A consultation was also underway on potentially extending the current CPZ in the area.

 

Cllr Beacham moved to add an additional condition consisting of condition 1 proposed within the Keystone Law letter to provide opaque barriers to roof terraces of the three houses to at least 2m high. Officers proposed instead to add an additional condition covering the three houses that provides for an opaque barrier to a height not less than 2m from the floor level of the roof terrace be constructed in accordance with details to be submitted to the Council and retained thereafter. Cllr Beacham moved to add this revised additional condition which was seconded by Cllr Carter.

 

The Chair moved the recommendation of the report including the additional condition covering opaque barriers to the three houses outlined above and it was

 

RESOLVED

·         That planning application HGY/2014/3507 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 following approved plans and specifications:

5429-01-1000 A; 5429-01-1010 A; 5429-01-1100 A; 5429-01-1200 A; 5429-01-1201 A; 5429-01-1250; 5429-01-1260 A;  5429-01-1251; 5429-01-1800; 5429-01-1801; 5429-01-1803; 5429-01-1900;

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 dwellings 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.         No development, except for site clearance works, shall take place until details of the type and location of secure and covered cycle parking facilities have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until a minimum of 8 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.

 

7.         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 ENV1 of the Haringey Unitary Development Plan.

 

8.         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.

 

9.         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.

 

10.       Prior to the first occupation of the hereby approved four (4no) 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.

 

11.       A residential travel plan must be secured as part of the development and should include the following measures in order maximise the use of public transport:

a) Provision of welcome residential induction packs containing public transport and cycling/walking information like available bus/rail/tube services, map and time-tables to all new residents, travel pack to be approved by the Council’s Transportation Planning team.

b) Establish or operate a car club scheme. The developer must offer free membership to all residents of the development for at least the first 2 years, and provide £50 (fifty pounds in credit for each member of the car club), evidence of which must be submitted to the Transportation planning team.

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.

 

12.       Prior to commencement, a Construction Management Plan (CMP) and Construction Logistics Plan (CLP) shall be submitted to, approved in writing by the Local planning Authority and implemented accordingly thereafter. The Plans should provide details on how construction work would be undertaken in a manner that disruption to traffic and pedestrians on Anderton Court, and Alexandra Road minimised.  The construction vehicle movements shall 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 network.

 

13.       Before the first occupation of the extension hereby permitted, the 1^st floor flank window in the eastern elevation of the flats hereby permitted shall be fitted with obscured glazing and any part of the window that is less than 1.7 metres above the floor of the room in which it is installed shall be non-opening and fixed shut. The window shall be permanently retained in that condition thereafter.

            Reason: To avoid overlooking into the adjoining properties and to comply with Policy SP11 of the Haringey Local Plan 2013 and Saved Policy UD3 General Principles of the Haringey Unitary Development Plan 2006. 

 

14.       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, a Tree Protection method statement incorporating a solid barrier protecting the stem of the trees and hand dug excavations shall be submitted to and approved in writing by the Local Planning Authority.  The works shall be carried out as approved and the protection shall be maintained until all equipment, machinery and surplus materials have been removed from the site.

            Reason: In order to ensure the safety and well being of the trees adjacent to the site during constructional works that are to remain after works are completed consistent with Policy 7.21 of the London Plan, Policy SP11 of the Haringey Local Plan 2013 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

 

Informatives:

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:  With regards to surface water drainage, it is the responsibility of a developer to make proper provision for drainage to ground, water course, 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.

 

INFORMATIVE 3:  Thames Water will aim to provide customers with a minum 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.

 

INFORMATIVE 4:  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 5: 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.

 

INFORMATIVE 5: 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.

 

INFORMATIVE 6: 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.