Agenda item

Part demolition and part retention and extension of existing buildings and change of use from former residential institution use (Class C2) to residential (Class C3), comprising 3 x 4-bedroom 3-storey (plus basement) houses. Construction of 6 new maisonettes comprising 3 x 3-bedroom 2-storey (plus basement) apartments and 3 x 2-bedroom 2-storey apartments. Erection of 1 replacement dwelling comprising 4 bedrooms in a 2-storey (plus basement) house.  Provision of associated car parking, open space and landscaping and tree work.

 

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

[Cllr Basu was absent from the room for the start of the officer presentation on this item and as such did not take any part in determining the item].

 

The Committee considered a report on the application to grant planning permission for the part demolition and part retention and extension of existing buildings and change of use from former residential institution use (Class C2) to residential (Class C3), comprising 3 x 4-bedroom 3-storey (plus basement) houses. Construction of 6 new maisonettes comprising 3 x 3-bedroom 2-storey (plus basement) apartments and 3 x 2-bedroom 2-storey apartments. Erection of 1 replacement dwelling comprising 4 bedrooms in a 2-storey (plus basement) house. 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:

·         Clarification was sought on why a higher level of affordable housing contribution was not being sought for a scheme exceeding ten units. Officers advised that the contribution was policy compliant as the overall uplift was 9 units due to the retention of some of the existing building and therefore constituted a small scheme. 

·         Concerns were raised over the divergence of views over viability expressed by the applicant and the Council’s independent assessor. Officers advised that this was not uncommon and in this case arose from differences in opinion over future sales values due to an absence of comparable properties. The compromise reached was inclusion of a review mechanism within the s106 should the development not commence within 18 months.

·         In response to a question, the applicant’s representative confirmed that the scheme design took into account the retention of the mature tree onsite inline with the tree survey undertaken.

 

Cllr Bevan put forward a motion to reject the scheme based on the s106 affordable housing contribution which did not support the view of the Council’s independent consultant appointed to assess the viability assessment that the scheme could support the full 20% affordable housing contribution due under Council policy. Cllr Carroll seconded this motion.

 

In response, the legal officer advised that the Council’s independent consultant had agreed, despite the divergence in views over viability, that the final officer recommendation for the revised £180k affordable housing contribution subject to imposition of the review mechanism to the s106 agreement, was an appropriate compromise. In light of this, Cllr Bevan revised his motion to propose approval of the application subject to a s106 agreement affordable housing contribution of £355,750 inline with Council policy and in consideration of high sales valuations in the area. Cllr Carroll seconded the revised motion. At a vote, the motion fell. 

 

The applicant’s representative emphasised to the Committee their experience in residential sales in the local Fortis Green Conservation Area and the high demand for new family housing. A compromise had been reached with the Council over the affordable housing contribution and imposition of a full 20% affordable housing contribution would make the scheme unviable and would be unreasonable.

 

The Chair moved the recommendation of the report and it was

 

RESOLVED

·         That planning application HGY/2015/1820 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 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: A-GA-0000; A-GA-0010; A-GA-0020; A-GA-0021; A-GA-0022; A-GA-0023; A-GA-0030; A-GA-0031; A-GA-0040; A-GA-0041; A-GA-0042; A-GA-0043; A-GA-0044; A-GA-0045; A-GA-0100; A-GA-0199 Rev A; A-GA-0200 Rev A; A-GA-0201; A-GA-0202; A-GA-0203; A-GA-0210; A-GA-250; A-GA-0300; A-GA-0301; A-GA-0302; A-GA-0303 Rev A; A-GA-0400; A-GA-0410; A-GA-0411; A-GA-0412; A-GA-0413; A-GA-0414; A-GA-0415; A-GA-0416; A-GA-0417; Design and Access Statement (June 2015); Planning Statement (June 2105); Heritage Statement (June 2015); Arboricultural Impact Assessment Report (18 June 2015); Daylight and Sunlight Report (18 June 2015); Energy Strategy (17/06/2015); Sustainability Statement (18/06/2015); Transport Statement (June 2015); Statement of Community Involvement (June 2015)

Reason: In order to avoid doubt and in the interests of good planning.

 

3. Notwithstanding the information submitted with this application, no development above ground 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 a reduction in carbon (CO2) emissions of at least 35% against Part L of the Building Regulations 2013. No dwelling shall be occupied until a certificate has been issued by a suitably qualified expert, certifying that this reduction 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 2015 and Policies SP0 and SP4 the Haringey Local Plan 2013.

 

5. Notwithstanding the Provisions of the Town and Country Planning (General Permitted Development) Order 2015, or any Order revoking or re-enacting that Order, no rear extensions or outbuilding shall be constructed without the grant of planning permission having first been obtained from the Local Planning Authority.

Reason: To safeguard the visual amenities of the area and to prevent overdevelopment of the site by controlling proposed extensions and alterations consistent with Policy 7.4 of the London Plan 2015 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

6. 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, and this shall be installed prior to the occupation of the property, and the scheme shall be implemented and permanently retained thereafter.

Reason: In order to prevent the proliferation of satellite dishes on the development.

 

7. The development shall not be occupied until a minimum of 22 cycle parking spaces for users of the development, have been installed in accordance with the details hereby approved.  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 2015 and Policy SP7 of the Haringey Local Plan 2013.

 

8. Details of a scheme for the storage and collection of refuse from the premises shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development. The approved scheme shall be implemented and permanently retained to the satisfaction of the Local Planning Authority.

Reason: In order to protect the amenities of the locality and to comply with Saved Policy UD7 of the Haringey Unitary Development Plan 2006 and Policy 5.17 of the London Plan 2015.

 

9. Before development commences, other than for investigative work and demolition:

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.

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 2015 and Saved Policy UD3 of the Haringey Unitary Development Plan.

 

10. 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 2015 and Saved Policy UD3 of the Haringey Unitary Development Plan.

 

11. No development 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 2015, Policies SP0 of the Haringey Local Plan 2013 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

12. Prior to the first occupation of the hereby approved 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 scheme helps to minimise air pollution, as required by the London Plan 2015 Policy 7.14.

 

13. Prior to the commencement of the development above ground, details of the proposed new crossover shall be submitted to and approved in writing by the Local Planning Authority.  The crossover shall be restricted to a maximum width of 3 metres, and works to construct the crossover will be carried out by the Council at the applicant's expense once all the necessary internal site works have been completed.

Reason: To ensure satisfactory construction of the crossover and in the interests of highway safety.

 

14. Prior to the commencement of development, 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 Eastern Road is minimised.  It is also requested that construction vehicle movements 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 network.

 

15. No development shall commence until all those trees to be retained, as indicated on the approved drawings, have been protected by secure, stout, exclusion fencing erected at a minimum  distance equivalent to the branch spread of the trees and in accordance with BS 3998:2010 and to a suitable height. Any works connected with the approved scheme within the branch spread of the trees shall be by hand only. No storage of materials, supplies or plant machinery shall be stored, parked, or allowed access beneath the branch spread of the trees or within the exclusion fencing.

Reason: In order to ensure the safety and well being of the trees on the site during constructional works that are to remain after building works are completed consistent with Policy 7.21 of the London Plan 2015, Policy SP11 of the Haringey Local Plan and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

16. 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 on and 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.

 

17. No development above ground shall take place until full details of both hard and 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: proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (eg. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.).

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 consistent with Policy 7.21 of the London Local Plan 2015, Policy SP11 of the Haringey Local Plan 2013 and Policy UD3 of the Haringey Unitary Development Plan 2006.

 

18. The development shall not be occupied until a landscape management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens is submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as approved and maintained thereafter.

Reason: To ensure 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 2015, Policy SP11 of the Haringey Local Plan 2013 and Policy UD3 of the Haringey Unitary Development Plan 2006.

 

19. Prior to any works commencing on site, with the exception of demolition, a detailed sustainable drainage scheme shall be submitted to the local planning authority for consideration and determination and thereafter, any approved scheme shall be implemented wholly in accordance with the approval and before any above ground works commence.

Reason: In order to ensure that a sustainable drainage system has been incorporated as part of the scheme in the interests of sustainability and in accordance with 5.13 of the London Plan.

 

Informatives:

INFORMATIVE 1:  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 2:  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 3:  Legal changes under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 mean that the sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you contact Thames Water to discuss their status in more detail and to determine if a building over / near to agreement is required.

 

INFORMATIVE 4: A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water's Risk Management Team”.

 

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: 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 7: Community Infrastructure Levy

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 £34,877.50 (996.5sqm x £35) and the Haringey CIL charge will be £264,072.50 (996.5sqm 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.

 

INFORMATIVE 8: Any necessary works to construct the crossover will be carried out by the Highways Department at the applicant's expense once all the necessary internal site works have been completed. The applicant should telephone 020 8489 1000 to obtain a cost estimate and to arrange for the works to be carried out.

 

INFORMATIVE 9: 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.