Agenda item

Minor Material amendment to planning permission HGY/2009/1532 for (42 mixed tenure residential units and 1 commercial unit) for reconfiguration of the proposed units; changes to mix and tenure; reconfigured and relocated entrance arrangement; design changes to the frontage; relocated refuse storage; omission of green roof and revised energy strategy; increased top floor terraces and removal of planter; window pattern, entrance canopy and rear stone surround amendments.

RECOMMENDATION: grant permission subject to conditions and subject to s106 Legal Agreement

The Committee considered a report on the application to grant permission for the minor material amendment to planning permission HGY/2009/1532 for (42 mixed tenure residential units and 1 commercial unit) for reconfiguration of the proposed units; changes to mix and tenure; reconfigured and relocated entrance arrangement; design changes to the frontage; relocated refuse storage; omission of green roof and revised energy strategy; increased top floor terraces and removal of planter; window pattern, entrance canopy and rear stone surround amendments. 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 sec. 106 Legal Agreement.

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 circulated which contained additional information for consideration.

The Head of Development Management provided further clarification to the Committee on the application. It was advised that the scheme had been substantially built by a previous developer who had gone bankrupt but not in accordance with approved plans. Officers had therefore taken a pragmatic approach in working with the new developer to make the scheme acceptable and bring forward the occupation of the residential units already constructed. A reduction in the number of affordable housing units on site had been agreed as a variation application in 2012, primarily due to the loss of grant funding. The current application sought a revision to the affordable housing mix to intermediate shared ownership units at the steer of the Council’s housing team as there was high demand for these units in the area. Assurance was provided that a review mechanism would be contained within the s106 Legal Agreement should there be an uplift in sale price of the open market units. 

The legal advisor to the Committee outlined to the Committee that the s73 variation application constituted a new planning permission and as such would require a new s106 Legal Agreement.

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

·         Clarification was sought on the offset carbon reduction contribution and how this would be used. Officers advised that it was not possible to secure the currently required 35% reduction as the scheme was approved and implemented under 2010 Building Regulations which set out a 25% carbon reduction requirement in conjunction with the limitations of the building. The offset contribution provided would go into a fund to be used by the Council with proposals for application currently being developed including potentially contributing to energy upgrades to Council housing stock, bringing forward district energy systems etc. 

·         Concerns were raised over the proposed extensive use of render to the building and the potential for this to discolour and deteriorate due to poor maintenance and quality of material used over time. Assurances were provided by officers that the level of render had been reduced as far as possible and that details of the type of render to be used had been provided to the design officer. The material would be anti-cracking, require minimal maintenance and under warranty covering the colour and quality.

·         The Committee noted that 8 of the units did not meet London Plan space standards. It was advised that the scheme was constructed before the standards applied but that the Council had sought to maximise the number of units meeting the standards as far as practicable.

It was requested that an additional condition be imposed to restrict the installation of satellite dishes to the development.

The Chair moved the recommendation of the report including the imposition of an additional condition covering the installation of satellite dishes, and it was

RESOLVED

·         That planning application HGY/2015/3102 be approved subject to conditions and subject to 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:

PL-02 Rev P2; PL-03 Rev P2; PL-05 Rev P2; PL-06 Rev P2; PL-07 Rev P2; PL-11 Rev P2; PL-13 Rev P1; PL-20 Rev P2; PL-21 Rev P2; PL-22 Rev P2; and PL-01 Rev P4; PL-04 Rev P3; PL-10 Rev P4; PL-12 Rev P2; PL-30 Rev P2; PL-31 Rev P2; PL-32 Rev P2; PL-33 Rev P2; PL-34 Rev P2; PL-35 Rev P2; PL-36 Rev P2; PL-37 Rev P2; PL-40 Rev P1.

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

3.   Samples of all materials to be used for the external surfaces including balconies             of the development 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, windows and a roofing material sample combined with a schedule of the exact product references.

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 and consistent with Policy SP11 of the Haringey Local Plan 2013 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

4.   A scheme for the treatment of the surroundings of the proposed development      including the planting of trees and/or shrubs shall be submitted to, approved in writing by the Local Planning Authority, and implemented in accordance with the approved details.

Reason: In order to provide a suitable setting for the proposed development in the interests of visual amenity.

5.   Details of a scheme depicting those areas to be treated by means of hard landscaping shall be submitted to, approved in writing by, and implemented in accordance with the approved details. Such a scheme to include a detailed  drawing of those areas of the development to be so treated, a schedule of  proposed materials and samples to be submitted for written approval on request from the Local Planning Authority.

Reason: In order to ensure the development has satisfactory landscaped areas in the interests of the visual amenity of the area.

6.   All homes within the Development shall be constructed to 'Lifetime Homes' standards, unless otherwise agreed in writing by the Local Planning Authority. Where compliance cannot be met with regards specifically to units within the hereby approved converted buildings, details as to why and evidence that best endeavours have been undertaken to achieve 'Lifetime Homes' standards shall be submitted to, and approved in writing by the Local Planning Authority, prior to the first occupation of the non-complying unit.

Reason: To ensure the provision of accessible housing in accordance with London Plan Policy 3.8, UDP Saved Policy HSG1 of the UDP.

7.   No development (including demolition) shall take place until a Demolition Manangement Plan has been submitted to and approved in writing by the Local Planning Authority.  This plan shall also incorporate, but not be limited to, a risk assessment detailing the management of demolition and construction dust in line with the London Code of Construction Practice.

Reason:  In the interests of highway and pedestrian safety and to preserve the amenities of the area generally, in accordance with London Plan Policy 7.6, Local Plan Policies SP1 SP4 and SP7, and Saved UDP Policy UD3.

8.   No development (save for demolition above ground level and those temporary and/or advanced infrastructure and enabling works previously agreed in writing by the Local Planning Authority) shall take place until a Construction Environmental Management Plan (incorporating a Site Waste Management Plan and Construction Logistics Plan) has been submitted to and approved in writing by the Local Planning Authority.

Reason:  In the interests of highway and pedestrian safety and to preserve the amenities of the area generally, in accordance with London Plan Policy 7.6, Local Plan Policies SP1, SP4 and SP7, and Saved UDP Policy UD3.

9.   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.

Informatives:

INFORMATIVE: 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 : 

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: 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.

INFORMATIVE: 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: The London Fire Brigade strongly recommends that sprinklers are considered for new developments and major alterations to existing premises, particularly where the proposals relate to schools and care homes. Sprinkler systems installed in buildings can significantly reduce the damage caused by fire and the consequential cost to businesses and housing providers, and can reduce the risk to life. The Brigade opinion is that there are opportunities for developers and building owners to install sprinkler systems in order to save money, save property and protect the lives of occupier.

INFORMATIVE: 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: 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.