Agenda item

Application under Section 73 of the Town and Country Planning Act 1990 for a minor material amendment to Planning Permission Reference HGY/2010/1000 granted on 21 September 2011.

 

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

 

The Committee considered a report on the application under s73 of the Town and Country Planning Act 1990 for a minor material amendment to planning permission HGY/2010/1000 granted on 21 September 2011 to provide a new basement level beneath the approved stadium and amendment to the consented ground floor layout. 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 raised the following points in discussion of the application:

·         An update was sough on the status of the Club’s plans for the submission of a further planning application for the stadium site. Officers advised that pre-application discussions were underway on a revised scheme and which would likely come before the Committee as a pre-application briefing in July.

·         In response to a question regarding the removal of conditions under the s73 application, it was identified that only those already discharged or no longer relevant to the stadium phase would be affected.

·         The Committee asked that consideration be given under any revised planning application to the inclusion of a condition covering the use of sustainable surface water drainage systems and the inclusion of reference to radio within the current condition requiring investigation of the potential impact of the stadium on TV reception. 

 

The Chair moved the recommendation of the report and it was

 

RESOLVED

·         That planning application HGY/2015/0964 be approved subject to conditions and subject to a s106 legal agreement.

 

1.    The ’Stadium' part of the development (see plan A600 Rev 00), shall commence within five years of the date of the original planning permission (HGY/2010/2011) 20.09.2010.

Reason: This condition is imposed by virtue of Section 92 of the Town & Country Planning Act 1990 and to prevent the accumulation of unimplemented planning permissions.

 

2.    Before any works or development commence on the retained Heritage assets 746,748,750, Tottenham High Road , the following details in respect of each of the retained buildings shall be submitted to and approved in writing by the local planning authority:

a. samples of all external materials comprising wall facing materials and cladding, window glass, door and window frames, decorative features, rainwater goods and paving

b. elevational drawings, plans, roof plans, and sections at 1:100 scale of all the buildings, sample elevations and sections at 1:20 scale of bays, windows and doors, balconies, parapets and eaves

c. drawings at 1:1 scale of sectional profiles of the window and door frames, cornices, string courses and other decorative mouldings

d. detailed drawings of any roof mounted plant and equipment and screening measures

e. details of the architectural treatment of the northern and eastern elevations of the Old White Hart Public House (No. 750)

Reason: To ensure a high quality development to preserve and enhance the character and appearance of the North Tottenham Conservation Area.

 

3.    The repair and renovation of the retained Heritage assets 746,748,750, Tottenham High Road shall be completed in accordance with a schedule of works contained within the Section 106 Agreement, and to the written satisfaction of the local Planning authority before any major event takes place in the new stadium.

Reason: To ensure a high quality development to preserve and enhance the character and appearance of the North Tottenham Conservation Area.

 

4.    All approved materials shall be erected in the form of a samples board to be retained on site throughout the works period for the phase concerned and the relevant parts of the works shall not be carried out otherwise than in accordance with the approved details.

Reason: To ensure a comprehensive and sustainable development and to achieve good design throughout the development.

 

5.    The number of single day major non - association football events per annum (including music concerts) shall be no more than 4 of which no more than 1 shall be on Sunday and no more than 1 on a Bank Holiday (where a major event is a single day event attended by 10,000 visitors or more).

Reason: In order to protect the surrounding residential properties from noise pollution.

 

6.    No major event shall take place in the stadium outside the hours of 09:00 (09:00am) and 24:00 (12:00am) unless otherwise agreed in writing by the Council as Local Planning Authority.

Reason: In order to protect the surrounding residential properties from noise pollution.

 

7.    At least 28 days prior to any amplified music event utilising the auditorium, the owner shall submit for approval by the Local Planning Authority a detailed feasibility study examining the likely propagation of music noise from the proposed event. The study shall have full reference to the guidance of 'The Noise Council's Code of Practice on Environmental Noise Control at Concerts' or subsequent alternative guidance.

Reason: In order to protect the surrounding residential properties from noise pollution.

 

8.    External screens with associated sound system shall not be used inside or outside at the stadium without the prior permission of the Local Planning Authority in writing.

Reason: In order to protect the surrounding residential properties from noise pollution.

 

9.    For the music concert events hereby permitted, amplified sound from concerts within the stadium must be controlled in accordance with guidance provided by The Noise Council's Code of Practice on Environmental Noise Control at Concerts.

Reason: In order to protect the surrounding residential properties from noise pollution.

 

10.No event involving amplified sound, other than a public address system, shall take place or be operated on the podium or other location outside the stadium itself without the express written permission of the Local Planning Authority.

Reason: In order to protect the surrounding residential properties from noise pollution.

 

11.Within 2 years of commencing phase 2 of the development, the applicant shall submit a landscape maintenance scheme for each phase of the development which shall be approved in writing by the local planning authority. Any trees or areas of planting which, following completion of the relevant phase of landscaping, die, are removed or become seriously damaged or diseased, shall be replaced as soon as is reasonably possible and, in any case, by not later than the end of the following planting season, with others of similar size and species, unless the local planning authority gives written consent to any variation.

Reason: To ensure a comprehensive and sustainable development, to ensure good design, to ensure that the landscaping is secured in accordance with the Environmental Impact Assessment

 

12.Unless otherwise agreed in writing by the Local Planning Authority, the car parking provision within the development shall not exceed the following car parking spaces: 401 for the supermarket, 40 for the hotel, 319 for the stadium and 121 for the residential.

Reason: In order to ensure the appropriate levels of car parking in the scheme are not exceeded.

 

13.No demolition, construction or building works shall be carried out except between the hours of 0800 and 1800 hours Monday to Friday or before 0800 and 1200 hours on Saturday and not at all on Sundays or bank holidays unless written approval from the Local Planning Authority has been obtained prior to works taking place.

Reason: In order to ensure that the proposal does not prejudice the enjoyment of neighbouring occupiers of their properties in accordance with the Environmental Impact Assessment.

 

14.Lorries delivering plant or materials during the construction phase of the development will only use designated routes agreed in writing in advance with the Local Planning Authority.

Reason: To minimise the impact of lorry traffic in local residential roads in accordance with the Environmental Impact Assessment.

 

15.Vehicles may arrive, depart, be loaded or unloaded during the construction phase of the development within the general area of the application site only between 0700 hours and 1800 hours Monday to Friday and 0800 hours and 1200 hours on Saturday and not at all on Sunday or Bank Holidays except with the prior written approval of the Local Planning Authority.

Reason: In order to ensure that the proposed development does not prejudice the free flow of traffic or the conditions of general safety along the neighbouring highway or effect the amenity of local residents in accordance with the Environmental Impact Assessment

 

16.The surface water drainage details shall include that petrol/oil interceptors shall be fitted in all car parking/washing/repair facilities.

Reason: In order to prevent the pollution of the surface water drainage system in accordance with the Environmental Impact Assessment.

 

17.At 1 metre outside the windows of any neighbouring habitable rooms the level of noise from plant and machinery shall be at all times at least 5 decibels below the existing background noise levels, expressed in dB (A) at such locations. Where the noise from plant and machinery is tonal in character the differences in these levels shall be at least 10dB (A).

Reason: In order to protect the amenities of the locality in accordance with the Environmental Impact Assessment.

 

18.Technical specification details of the mechanical plant to be installed within the plant areas shown on the submitted floor plans approved, together with an accompanying acoustic report shall be submitted to and approved by the local planning authority prior to installation of this plant. The plant shall not be operated other than in complete accordance with such measures as may be approved.

Reason: In order to protect the amenities of the locality in accordance with the Environmental Impact Assessment.

 

19.Unless otherwise agreed in writing by the Local Planning Authority no commercial roof top facilities shall be in use between the hours of 2300 - 0700 hours any day of the week.

Reason: In order to protect the amenities of the locality in accordance with the Environmental Impact Assessment.

 

 

20.Any restaurant (A3), public house and wine bar (A4) or takeaway (A5) uses hereby permitted shall not be operated before 0800 or after 2400 hours on any day of the week.

Reason: In order to ensure that the proposed development does not prejudice the amenities of the future occupiers of the development

 

21.  Prior to construction of the Stadium superstructure further investigations shall be undertaken and approved in writing by the Local Planning Authority of the impact of the construction works on the television reception in the local area:

(a)  In particular the 'shadow flicker' on existing and future residential occupants within nearby buildings; and

(b) the impact of operating cranes on local television and radio reception, microwave and other telecommunications links and radar signals.

Reason: To ensure the development can be undertaken without impact on television and/or radio reception to protect residential amenity and in accordance with the assessment and conclusions of the Environmental Impact Assessment.

 

22.Full details of the location and appearance of the CHP flues, including height, design, location and sitting shall be submitted and approved in writing by the Council before work on the CHP commences.

Reason: To ensure a comprehensive and sustainable development and to achieve good design through the development in accordance with the Environmental Impact Assessment.

 

23.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 Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required.

Reason: To ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage systems.

 

24.The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA). Ref: BDRP0001, Version 6, Final, May 2010 and the following mitigation measures detailed within the FRA:

i.   Reducing the surface water runoff from the site by at least 50% for all storm events up to and including the 1 in 100 year critical storm, taking into account the effects of climate change. The peak discharge must not exceed 150/l/s/ha.

ii. Provision of storage on site to attenuate all flood events up to and including the 1 in 100 year event, taking into account the effects of climate change.

iii. Identification and provision of safe route(s) into and out of the site to an appropriate safe haven.

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of the surface water from the site.

 

25.Prior to the commencement of phase 2 of the development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the ‘Remedial Strategy Phase 2 (Central and Stadium) Area Design Note (07.11.2014) prepared by Buro Happold are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action shall be submitted to and approved, in writing, by the local planning authority.

Reason: To ensure that the risks to the health and welfare of future occupiers and to the environment are mitigated or eliminated to acceptable standards.

 

26.If, during development, contamination not previously identified is found to be present at the site then no further development (unless agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

Reason: To ensure protection of controlled waters.

 

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.