Agenda item

161 Tottenham Lane N8 9BU

Retention and renovation of the existing Tottenham Lane façade and side façade and erection of two additional floors comprising 6 x residential flats (Class C3) and 47sqm of flexible retail (Class A1) office floor space (Class B1(a)) and a building comprising 3 x 2 storey houses (amended plans) (amended description).

 

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

 

Minutes:

The Committee considered a report on the application to grant planning permission for the retention and renovation of the existing Tottenham Lane façade and side façade and erection of two additional floors and a building comprising 3x 2 storey 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 and a s106 legal agreement.

 

The planning officer gave a short presentation highlighting the key aspects of the report. A correction was made to an error contained within the report to the s106 heads of terms where the contribution to the future review of the existing Crouch End Controlled Parking Zone (CPZ) would be £8k and not £7k.

 

An objector addressed the Committee and raised the following points regarding the application:

·         Gratitude was expressed for the Development Management Forum held on the application and the subsequent changes made to the design in light of comments raised by the local community.

·         Significant concerns remained outstanding on the scheme and it was felt that the officer report did not reflect the scale and scope of objections received from local residents.

·         The height of the building was of objection, in particular the out of scale fourth floor extension, a  viewpoint inline with comments made by the planning inspector on the context of building heights in the area under a 2012 appeal decision on the adjacent KwikFit site.

·         A modern addition would be out of keeping with the art deco façade of the existing building.

·         The scheme would have a detrimental impact on adjacent Fairfield Road properties, in particular their gardens, from the cramming of 3 houses to the rear of the site up the boundary.

·         The Committee were urged to reject the application or at the least add a condition requiring the new brickwork to the art deco building to be the same colour and type as the existing façade. 

 

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

·         The scheme would bring back into use an urban brownfield site including vacant, low amenity land to the rear.

·         Planning permission had been granted in 2014 for a 6 unit scheme within the existing building envelope and the current application was considered to be an improvement on this scheme.

·         The existing art deco façade would be retained, with one additional setback floor visible from the frontage.

·         The approved scheme at neighbouring 159 Tottenham Lane would raise building heights in the vicinity and obscure to a large extent the proposed extensions.

·         In terms of the impact on Fairfield Road properties, there would be a separation distance of 46m between the rear building line of the main building and the rear windows of the closest Fairfield Road properties. In addition, the mews houses to the rear would be stepped down in nature.

·         The scheme would be designated car free.

·         All the new units would have private amenity space and had been assessed as causing no harm to adjacent residential properties.

 

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

·         In response to a question regarding the noise assessment undertaken, it was advised that background noise levels in the area were high due to the urban location and that the considerable separation distance to the nearest neighbouring properties would help mitigate any noise issues from the scheme.

·         Clarification was sought on the reasons for the absence of an affordable housing contribution. Officers reminded the Committee of changes introduced by a recent ministerial statement removing the requirement for affordable housing contributions for schemes with fewer than 10 units. The Council had recently challenged this approach under a planning inspectorate appeal for a separate application but had been unsuccessful. Additionally, the viability assessment submitted by the applicant had been independently assessed and which supported the assertion that an affordable housing contribution would not be viable.

·         The access arrangements for the maintenance of the green roofs to the mews houses were questioned. It was advised that the farthest mews house would have a slight setback at first floor level to provide access.

·         Concern was raised over the car free nature of the scheme and residents potentially circumventing this by moving cars between the CPZs in the area which operated to different hours. Transport officers advised that there was no evidence of this being an issue in the area and that in general it was found that CPZs deterred car ownership within their boundaries. 

·         Clarification was sought on the local car club arrangement under the s106 heads of terms. It was advised that residents would be provided with free membership to a local car club during the first three years of the scheme, with evidence of this to be provided to the Council.

·         It was requested that a restriction be imposed on the installation of external metal security shutters to the ground floor commercial units. Officers advised that the wording of informative 7 could be amended to incorporate this. 

·         Following a discussion, the Committee felt that the request from the objector for the matching of the new brickwork to the side and rear elevations of the art deco building to the existing was sufficiently covered by condition 3 requiring Council approval for external materials.

·         Concerns were raised that not all of the residential units were dual aspect and that limited amenity space would be provided to flats 6 and 8. The applicant advised that although some compromises had been necessary in terms of design, the new scheme was of higher quality than that currently approved and that the recessed balconies to the two flats were considered acceptable for units in an urban area above commercial premises.

 

The Chair moved the recommendation of the report including the proposed amendment to informative 7 to incorporate a ban on the installation of security shutters and it was

 

RESOLVED

·         That planning application HGY/2014/3139 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 three 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.    Notwithstanding the information submitted with the application, the development hereby permitted shall only be built in accordance with the following approved plans: 

2 (01)00 Rev A, 2 (03)00 Rev A, 2 (03)01 Rev A, 2 (03)02 Rev A, 2 (04)00 Rev A, 2 (04)01 Rev A, 2 (04)02 Rev A, 2 (04)03 Rev A, 2 (05)00 Rev A, 2 (05)01 Rev A, 2 (05)02 Rev A, 2 (12)00 Rev F, 2 (12)01 Rev F, 2 (12)02 Rev F, 2 (12)03 Rev F, 2 (12)04 Rev F, 2 (13)00 Rev C, 2 (13)01 Rev E, 2 (13)02 Rev E, 2 (13)03 Rev D, 2 (14)00 Rev D 2 (14)01 Rev F & 2 (14)02 Rev D

Reason:  To avoid doubt and in the interests of good planning.

 

3.    Samples of all materials to be used in conjunction with the proposed development for all the external surfaces of buildings hereby approved, areas of hard landscaping and boundary walls shall be submitted to, and approved in writing by, the Local Planning Authority before any development is commenced. Samples should include type and shade of cladding, window frames and balcony frames, sample panels or brick types and a roofing material sample combined with a schedule of the exact product references. The development shall thereafter be implemented in accordance with the approved samples.

Reason: In order for the Local Planning Authority to retain control over the exact materials to be used for the proposed development and to assess the suitability of the samples submitted in the interests of visual amenity.

 

4.    No development shall take place until full details of soft landscape works 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 detailed drawings of the planting. 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 consistent with Policy 7.21 of the London Local Plan, Policy SP11 of the Haringey Local Plan 2013 and Policy UD3 of the Haringey Unitary Development Plan 2006.

 

5.    Details of the proposed boundary treatment shall be submitted to and approved by the Local Planning Authority prior to the commencement of the development. The approved boundary treatment shall thereafter be installed prior to occupation of the new residential unit.

Reason: In the interest of the visual amenity of the area and residential amenities of neighbouring occupiers.

 

6.    The details of all levels on the site in relation to the surrounding area be submitted and approved by the Local Planning Authority.

Reason: In order to ensure that any works in conjunction with the permission hereby granted respects the height of adjacent properties through suitable levels on the site.

 

7.    No occupation of the development hereby approved until final details of refuse waste storage and recycling facilities arrangements have 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 Policy UD7 'Waste Storage' of the Haringey Unitary Development Plan and Policy 5.17 'Waste Capacity' of the London Plan.

 

8.    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.

 

9.    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 and Saved Policy UD3 of the Haringey Unitary Development Plan.

 

10. The development 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.

Reason: 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 and Policies SP0 and SP4 the Haringey Local Plan 2013.

 

11. No development shall take place, including any works of demolition, until a Construction Management Plan, to include details of:

a.    Measures for propping/ safeguarding the façade during construction;

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 part demolition and construction period.

Reason: 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 Policies SP0 of the Haringey Local Plan 2013 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

12. a) Any proposal relating to the installation of possible noise creating equipment (i.e. air conditioning plant, mechanical ventilation equipment) shall first be submitted to and approved in writing by the Local Planning Authority prior to any development taking place.

b) Noise resulting from the use of any external plant, machinery or equipment (or any which is audible outside the site) shall not exceed a level of 5dB(A) below the existing lowest background noise level during the time of operation (or 10dB(A) below if there is a particular tonal quality), when measured according to British Standard BS4142-1997.

Reason: In order to ensure that the proposed development does not prejudice the enjoyment by neighbouring occupiers of their properties

 

13. The proposed development shall have a central dish/aerial system for receiving all broadcasts for all 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 protect the visual amenities of the neighbourhood.

 

14. No development shall commence until details of a scheme for the green roofs for the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The details shall include its (their) type, vegetation, location and maintenance schedule. The development shall be implemented in accordance with the approved scheme prior to its first occupation and the vegetated or green roof shall be retained thereafter.  No alterations to the approved scheme shall be permitted without the prior written consent of the Local Planning Authority.

Reason: To ensure a sustainable development consistent with Policy 5.11 of the London Plan and Policies SP0, SP4 and SP11 of the Haringey Local Plan 2013.

 

15. No development shall take place until details of a scheme for installing external lighting within the site, including night-time security lighting and its means of actuation, light spread and average illuminance, have be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out entirely in accordance with the approved details. 

Reason: In order to retain control over the external appearance of the development and in the interest of the visual amenity of the area.

 

16. No occupation of the flats hereby approved shall be occupied until the cycle facilities serving it have been provided in accordance with the approved details, and they shall thereafter be retained for their intended purpose unless otherwise agreed in writing by the local planning authority.

Reason: To ensure the development provides adequate cycle parking facilities in accordance with the London Plan.

 

INFORMATIVE 1: -- Thames Water

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.

 

INFORMATIVE 2: -- Asbestos Survey

Prior to refurbishment 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 3: - 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 4: - Community Infrastructure Levy

The application is advised that the proposed development will be liable for the Mayor of London's CIL. Based on the information given in the plans, the Mayor’s CIL charge will be £11,795 (337 x £35) and Haringey CIL charge will be £89,305 (337 x 265). This will be collected by Haringey after the scheme is implemented and could be subject to surchargesfor 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. An informative will be attached advising the applicant of this charge.

 

INFORMATIVE 5: 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 6: 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.

 

INFORMATIVE 7: A separate application will be required for either the installation of a new shopfront or the display of any illuminated signs.

 

INFORMATIVE  8: The applicant is advised that this planning permission does not convey the right to enter onto or build on land not within his ownership.

 

INFORMATIVE 9: The proposed pruning works to the Leyland cypress in the garden/ ownership of an adjoining property must be carried out sensitively taking into consideration natural target pruning techniques with the works carried out under the supervision of the arboricultural consultant.

 

Supporting documents: