Agenda item

Variation of Condition 2 (accordance with approved plans) following consent of planning permission HGY/2014/0511 to revise the design of the houses.

 

RECOMMENDATION: grant permission subject to conditions.

The Committee considered a report on the application to grant planning permission for the variation of condition 2 (accordance with approved plans) following consent of planning permission HGY/2014/0511 to revise the design of the 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 consisting of an amendment to an approved scheme.

 

Cllr Newton addressed the Committee as a local ward councillor and raised the following points:

·         The design was boxy and intrusive and would result in overlooking to neighbouring properties.

·         The access way to the site was the primary access pathway used by Tetherdown School pupils. Increased vehicle movements due to the scheme would be dangerous for pedestrians, particularly unaccompanied children, concerns over which had been raised by the School.

 

The Committee were reminded by the legal officer that the merits of the original scheme could not be revisited under the current application for variation as the principles had been accepted in the granting of the original permission.

 

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

·         Concerns were raised over the obtrusive profile and visual massing of the new design, the flat roof ‘boxy’ appearance and the close proximity to neighbouring gardens and subsequent noise pollution.   

·         Details had not been provided on a replacement for the mooted wooden cladding

·         The Planning Inspector’s view at the last appeal on the first floor windows and balconies to the north and west elevations being unreasonable should be respected.

·         The plans still contained first floor box glass windows which it had been stated were due for removal. It was requested that rear facing first floor windows be obscured for privacy.

·         It was requested that clear boundaries to the rear of the scheme be established via survey and the 2m high fence be measured from the adjacent garden to take into account a slope on the site.

·         Letters notifying of the Planning Committee meeting had been sent out during school holidays and had not been received by all respondents to the consultation which was undemocratic and a breach of procedure.

·         The developers had purchased the neighbouring toilet block leading to concern over the future expansion of the scheme.

·         The impact of the scheme on the safety of pedestrians, including pupils from three local schools, using the narrow, one car width, access path had not been fully considered. 

Officers affirmed that the first floor box windows should have been removed from the plans and had been included within the report in error. It was also advised that notification letters for the Committee had been sent out inline with procedure including a copy posted to the School. Three representations had been received in response to the current application, two of which did not list an address to send a notification letter to. Officers apologised that the other respondent did not receive a letter.

 

A representative for the applicant and a supporter of the application addressed the Committee and raised the following points:

·         The improved, high quality design would make a positive contribution to the local area inline with other contemporary schemes approved in the vicinity. Light and ventilation to the building would be improved. 

·         All windows at first floor level would be low level.

·         The revised design was within the envelope of the approved scheme.

·         Boundary treatment and fencing would be carefully planned to reduce overlooking.

·         A basement impact assessment had been undertaken which identified no impact on surrounding land.

·         Residential use was the safest option for the site in terms of risk to pedestrians using the access path

 

The Committee sought clarification as to whether the approval regarding the access path could be revisited on safety grounds, with objectors now stating it was used by three schools. The legal officer advised that neither the principle of the development or the access path could be revisited and that the applicant had a fallback position in being able to revert to the original application or s73 application and which was a material consideration that the Committee had to have regard to.   

 

Cllr Carroll moved a motion that the Committee move on to vote on the substantive recommendation. The motion was not seconded and thereby fell.

 

In response to questions from the Committee, the applicant confirmed that green roofs would be installed and that proposed wooden cladding had been omitted in favour of a brick finish.

 

Progress with the adoption of an approved Council policy with regards to basements was questioned. Officers advised that a policy would be going out for consultation shortly. With regards to the application, the basement impact assessment submitted by the applicant had been assessed and approved by the Building Control team.

 

 

The Chair moved the recommendation of the report and it was

 

RESOLVED

·         That planning application HGY/2015/0859 be approved subject to conditions.

Applicant’s drawing No.(s) 1568.00.00 Rev B, 1568.01.01 Rev B, 1568.01.02 Rev B,1568.01.03 Rev B, 1568.01.04 Rev B, 1568.01.05 Rev B, 1568.01.06 Rev B, 1568.01.07 Rev B, 1568.01.08 Rev B, 1568.01.09 Rev B

 

1.    The development hereby authorised must be begun not later than the expiration of 11.06.2016, 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: 1568.00.00 Rev B, 1568.00.01 Rev B, 1568.00.02 Rev B,1568.00.03 Rev B, 1568.00.04 Rev B, 1568.00.05 Rev B, 1568.00.06 Rev B, 1568.00.07 Rev B, 1568.00.08 Rev B, 1568.00.09 Rev B.

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 sample panels or brick types and a roofing material sample combined with a schedule of the exact product references. The development shall 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.    Notwithstanding the details of landscaping referred to in the application, a scheme for hard and soft the landscaping and treatment of the surroundings of the proposed development shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. Any planting details approved shall be carried out and implemented in 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 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 for the Local 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.

 

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.    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.

 

7.    No development shall take place until a final scheme for the provision of refuse and waste storage and recycling facilities has 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.    Prior to the commencement of development on the site, a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include the following:

a.    Programme of works with specific information on the timing of deliveries to the site (in specific to show the routeing of traffic around the immediate road network and to ensure that freight and waste deliveries are timed to avoid the peak traffic hours and pupil arrival/departure times between 08:30am-09:15am and 02:45pm-03:30pm);

b.    Size of vehicles accessing the site/ lane (in specific a Steward will be required to oversee vehicles over 10 tonnes entering and leaving the site);

c.    Hours of operation;

d.    Storage of plant and materials on site;

e.    Boundary hoarding;

f.     Measures for controlling the use of site lighting whether required for safe working or for security purposes;

g.    Method of prevention of mud being carried onto the highway.

Only the approved details shall be implemented and used during the construction period.

Reasons: To ensure there are no adverse impacts on the amenity of neighbouring properties and to safeguard pedestrian safety consistent with Policies 6.3, 6.11 and 7.15 of the London Plan 2015, Policies SP0 of the Haringey Local Plan 2013 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

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 in writing by the local planning authority, with reference to the London Code of Construction Practice. Proof of registration that the site or Contractor Company is registered with the Considerate Constructors Scheme must be sent to the local planning authority prior to any works being carried out on the site.

Reason: In order to ensure that the effects of the construction upon air quality is minimised Sustainable construction

 

10. Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, re-enacting or modifying that Order), the dwellings hereby permitted shall not be extended, nor shall any building, structure or enclosure (other than those approved as part of this permission, including the discharge of conditions) be erected within the curtilage of the dwellings.

Reason: To safeguard the amenities of neighbouring occupiers and the general locality.

 

11. 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.

 

12. The works required in connection with the protection of trees on the site shall be carried out only under the supervision of the Council's Arboriculturalist. Such works to be completed to the satisfaction of the Arboriculturalist acting on behalf of the Local Planning Authority.

Reason: In order to ensure appropriate protective measures are implemented to satisfactory standards prior to the commencement of works in order to safeguard the existing trees on the site.

 

13. The dwelling hereby approved shall use best endeavours to achieve Level 4 of the Code for Sustainable Homes (or the equivalent replacement standard). No dwelling shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 4 (or the equivalent replacement standard) 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 2015 and Policies SP0 and SP4 the Haringey Local Plan 2015.

 

INFORMATIVE - Commercial Environmental health

Prior to demolition 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 - 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 5573) to arrange for the allocation of a suitable address

 

INFORMATIVE - Waste

The applicant is advised to contact Thames Water Developer Services on 0845 850 2777 to discuss the options available at this site in order to protect public sewers and to ensure that Thames Water can gain access to those sewers for future repair and maintenance

 

INFORMATIVE : Community Infrastructure Levy

The applicant is advised that the proposed development will be liable for the Mayor of London's CIL and Haringey CIL. Based on the Mayor's CIL charging schedule and Haringey’s charging schedule and the information given on the plans, the charge will be will be £19,635 (561 sq.m x £35) for Mayoral CIL and the Haringey CIL charge will be £12,190 (46 sqm x £265).This will be collected by Haringey

 

INFORMATIVE: The applicant shall 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