Agenda item

Construction of new 3rd floor (roof extension) to existing block of flats. New 3rd floor to accommodate 2 new one bedroom apartments. (AMENDED PLANS)

RECOMMENDATION: grant permission subject to conditions and S106 Agreement.

The Committee considered a report on the application to grant planning permission for the construction of a new 3rd floor (roof extension) to the existing block of flats to accommodate 2 new one bedroom apartments. 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.

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

·         The sound proofing and insulation levels to the block were already poor.

·         The construction work would be disruptive to current residents of the block, particularly those living in the current top floor flats, rendering them uninhabitable due to noise and dust and akin to living on a building site. One of the top floor flats was occupied by two doctors working shifts who would be disturbed by noise from construction works in the daytime.

·         The construction of a new staircase extension would impact the ability of residents to access their homes during that phase of works.

·         Scaffolding erected during the building works would pose a security risk to residents.

·         There was no parking available for construction vehicles, with the road already blocked regularly by vehicles worked on a development scheme to the rear. 

·         The bin stores would not be of sufficient size to accommodate the additional refuse generated by the new units.

·         There was a significant amount of new development ongoing already in the area putting pressure on local services and amenities.

·         The current top floor flats would lose the benefits in terms of noise of having no occupants located above them.

·         Current residents should be rehoused at the expense of the applicant due to the unacceptable noise and disruption generated by the building works.

The Committee raised the following questions in response to the representations of the objectors:

·         Confirmation was sought on plans to restore the front elevation of the building through replacement windows. Officers advised that this was covered under condition 7 with the aim to unify the appearance of the block through the installation of sympathetic replacement windows, plans for which would require Council approval. Officers proposed in order to remove ambiguity to amend the wording to condition 7 to read ‘notwithstanding the approved drawings, full details of replacement windows of a common design, proportion, material and means of opening to the front elevation of the entire building shall be submitted..’

·         In response to a question, the applicant confirmed that a pitched roof design had not been explored.

·         Clarification was sought as to whether a condition could be added to restrict hours for the noisiest construction activities in response to concerns regarding noise nuisance to existing residents. Officers advised that the applicant would be required to submit a Construction Management Plan for Council approval. The applicant advised of the difficulty in predicting the level of noise generated until the exact method of construction was determined and from which point consideration would be given to noise mitigation. Officers proposed an amendment to the wording of condition 6 to read ‘no development shall take place until a method of construction and Construction Management Plan has been submitted..’. Officers would also draft a change to the reasoning underpinning this condition to reflect this change.

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

·         In relation to the concerns raised regarding noise disturbance during construction, a full Construction Management Plan would be produced and modern construction methods used such as off site prefabricated elements to speed up and minimise noise where possible.

·         A structural engineer had been engaged to assess the plans and deemed the extension acceptable.

·         The existing chimney stacks would  be retained to avoid the necessity for removal of fireplaces from the block.

·         Sufficient bin storage facilities for the block would be located to the backland development to the rear of the site. 

·         Windows to the front elevation would be replaced with a sympathetic design secured under condition.

The Committee raised the following points in response to the applicant’s representation:

·         Clarification was sought on the provision of soundproofing measures to the flats that would be directly below the extension. The applicant confirmed that high insulation levels would be provided inline with Building Regulations.

·         The Committee questioned whether the applicant could be encouraged to offer financial compensation to existing residents in recognition of the likely noise disturbance from construction works. Officers advised that this was not a material planning consideration and as such could not be imposed under any permission granted. The applicant could elect to do this under a private arrangement however if he wished. 

The Chair moved the recommendation of the report including the proposed wording changes to conditions 6 and 7, and it was

RESOLVED

·         That planning application HGY/2015/1667 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.   Notwithstanding the information submitted with the application, the development hereby permitted shall only be built in accordance with the following approved plans:  Applicant's drawing No.(s) 755 LY 0X03REV A, 755 LY 0S06, 755 LY 0S07, 755 ES 0X04REV A, 755 ES 0X05, 755 ES 0X06, 755 ES 0X08, 755 ES 0X09 REV A, 755 EX 0S00, 755 EX 0X01, 755 EX 0X02, 755 EX 0X03 REV A, 755 SK 004.

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

3.   Samples of the materials to be used in conjunction with the proposed development, shall be submitted to and approved in writing by the Local Planning Authority, before any development is commenced. 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.   Notwithstanding the approved drawings and before the occupation of the residential units hereby permitted full details of the enclosures and screening of recycling containers, wheeled refuse bins and/or other refuse storage containers shall be submitted to and approved in writing by the Local Planning Authority and thereafter provided and maintained on site. Details of landscaping to be planted immediately inside the front boundary of the site shall also be included in such measures to screen the appearance of these bins.

Reason: To ensure a satisfactory appearance for the development and to protect the amenities of the area.

5.   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.

6.   No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented and retained during the 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.

7.   Notwithstanding the approved drawings full details of replacement windows of a common design, proportion, material and means of opening to the front elevation of the building shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with the plans approved before the occupation of the residential units hereby permitted.

Reason: To ensure a satisfactory appearance to the building and to enhance the appearance of the conservation area.

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 3472) to arrange for the allocation of a suitable address.INFORMATIVE : 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 £ 5,419.89 (126 x £35 x inflation factor of 1.229) and the Haringey CIL charge will be £35,193.06 (126 x £165 x inflation factor 1.054). 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: 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 Friday8.00am - 1.00pm      Saturday        and not at all on Sundays and Bank Holidays.

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