Demolition of existing structures and redevelopment of the site to provide 9 residential units (Use Class C3) comprising 5 x residential flats and 4 mews houses, and 200sqm of flexible retail / office unit (Use Class A1 / A3 / B1) including basement car parking and other associated works.
RECOMMENDATION: grant permission subject to conditions and subject to s106 Legal Agreement
Minutes:
The Committee considered a report on the application to grant planning permission for the demolition of existing structures and redevelopment of the site to provide 9 residential units (Use Class C3) comprising 5 x residential flats and 4 mews houses, and 200sqm of flexible retail / office unit (Use Class A1 / A3 / B1) including basement car parking and other associated works. 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.
An objector to the application addressed the Committee and outlined that the scheme would have a detrimental effect on the character and feel of the Fortis Green village area as the scheme would be built up to the boundary and not set back from the pavement inline with surrounding buildings. This would have a negative impact on the sense of space and would set an adverse precedent. The scheme should be set back to the boundary of the existing car wash to reduce the impact of a new 3 storey building and allow for improved pedestrian access.
The Committee raised the following points in discussion of the application:
· Further clarification was sought on the affordable housing review mechanism to be imposed. Officers advised that an independent assessment of the viability assessment had verified that the scheme was unable to support an affordable housing contribution. A review mechanism would however be imposed under the s106 agreement to reassess this position should the scheme not be implemented within 18 months.
· Concerns were raised over the number of cracked paving slabs in the vicinity of the site observed on the site visit and that the £15K transport and highways contribution would be insufficient to cover their refurbishment. Officers advised that plans for this contribution included the revision of two crossovers in the area, reinstatement of kerb height and pathway reconstruction. The £15k contribution reflected only an estimate of projected costs.
· Further information was sought on the commercial workspace and whether the units would be let at an affordable rent. The applicant advised that the units would be flexible B1 retail or restaurant use let at standard market rent. In response to a further question, it was clarified that the space had originally been conceived for a gym but had been subsequently changed to flexible use.
A representative for the applicant addressed the Committee and raised the following points:
· A comprehensive consultation process had been undertaken on proposals for the site and changes made to the design following comments received.
· The scheme would provide good quality family size residential units including amenity space.
· The commercial space would provide flexible retail, restaurant or office floorspace and therefore help to support new jobs. Original proposals for a gym had been revised due to parking concerns.
· The high quality design would enhance the character and appearance of the Conservation Area.
· The Council’s transport officers were satisfied with the parking provision and a contribution provided to a CPZ consultation review.
· Overlooking and daylight and sunlight surveys had been undertaken, the results of which were compliant with BRE guidelines.
· With regards to the point raised by the objector regarding the positioning of the scheme against the footpath, it was advised the scheme would reinstate the building line followed by the majority of properties to the southern edge of Fortis Green which were set closer to the pavement edge than the northern edge which were more set back.
The Committee sought clarification from the applicant that the entire frontage to the site would be reinstated as new including the crossovers, cracked pavement etc at the applicant’s cost. The agent confirmed that this would be the case as a contribution under the s106 agreement.
The Chair moved the recommendation of the report and it was
RESOLVED
· That planning application HGY/2015/3813 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:
E 01, 02, 03, 04, A1 00, 01, 02 Rev A, 03, 04, 05, 06, A2 01, 02, 03, 04, 05, 06, 07, 08 A3 01, B1 01, A4 01, 02, DP 01
- Design and Access Statement prepared by Chassay + Last Architects dated December 2015
- Phase 1 and 2 Geo-Environmental Assessment Report prepared by BWB Consultancy dated October 2014
- Basement Impact Assessment prepared by Symmetrys Limited Consultancy dated December 2015
- Basement Impact Assessment Appendix D: Structural Calculations prepared by Symmetrys Limited Consulting Structural Engineers dated December 2015
- Arboricultural Impact Assessment prepared by Landmark Trees dated December 2015
- Statement of Community Involvement prepared by DP9 December 2015
- Sustainable Drainage Strategy prepared by Price & Myers dated December 2015
- Heritage Document prepared by Heritage Collective dated December 2015
- Sustainability Statement prepared by Price & Myers dated December 2015
- Transport Statement prepared by Transport Dynamics dated December 2015
- Energy Strategy Report prepared by Price and Myers dated December 2015
- Planning Statement prepared by DP9 dated December 2015
- Daylight, Sunlight & Overshadowing Report prepared by Point 2 Surveyors LLP dated December 2015
Reason: In order 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. 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
5. 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.
6. No development shall take place until a detailed 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 Saved Policy UD7 of the Haringey Unitary Development Plan 2006 and Policy 5.17 of the London Plan 2011.
7. The development shall then be constructed in strict accordance of the details set out in “Energy Strategy Report of 109 Fortis Green”, date drafted - 12 April 2016, by Price and Myers. so approved, and shall achieve the agreed carbon reduction of 35% reduction beyond BR 2013. Design aspects includes:
o U-values of 0.13 W/m2K on all external walls;
o U-values of 1.2 W/m2K on all windows;
o U-values of 0.13 W/m2K on the residential roofs;
o Air Tightness of 3 m3/m2/h.
- A communal gas heating system has been proposed for the building containing the commercial unit and flats. This will serve all hot water and heating needs. The houses will all be heated with high efficiency gas boilers.
- Solar PV will be installed delivering 6.6kWp of power. This will be through 22no.s High Efficiency panels at an angle of 45 deg, SE facing.
All of this equipment and materials shall be maintained as such thereafter. Confirmation that these have been installed must be submitted to the local authority upon completion on site for approval and the applicant must allow for site access if required to verify delivery.
Should the agreed target not be able to be achieved on site through energy measures as set out in the afore mentioned strategy, then any shortfall should be offset at the cost of £2,700 per tonne of carbon plus a 10% management fee.
Reason: To comply with London Plan Policy 5.2. and local plan policy SP:04
8. The development shall then be constructed in strict accordance of the details set out in “Energy Strategy Report of 109 Fortis Green”, date drafted - 12 April 2016, by Price and Myers so approved, and shall provide evidence of the following to the local planning authority at least 6 months of completion on site for approval:
- A Site Waste Management Plan (SWMP) including a pre-refurbishment audit to determine how to maximise the recovery of materials from the refurbishment for subsequent high-grade/value applications and demonstration that these have been delivered;
- Contractors will show the site has registered with the Considerate Constructors scheme and followed best practice;
- All concrete, bricks and slate will be BES:6001 certified to ensure responsible sourcing;
- All timber used in construction will be FSC certified.
? The development has included at least two park bays designated EV recharging points.
? The development will include wildlife attracting measures such as bird boxes and log piles.
In the event that the development fails to deliver the required measures, a full schedule and costings of remedial works shall be submitted for our written approval. Thereafter the schedule of remedial works must be implemented on site within 3 months of the local authorities approval of the schedule, or the full costs and management fees given to the Council for offsite remedial actions.
Reasons: In the interest of addressing climate change and to secure sustainable development in accordance with London Plan (2011) polices 5.1, 5.2,5.3 and 5.9 and policy SP:04 of the Local Plan.
9. 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.
10. The applicant/developer are required to submit a Construction Management Plan (CMP) and Construction Logistics Plan (CLP) for the local authority’s approval 3 months (three months) prior to construction work commencing on site. The Plans should provide details on how construction work (inc. demolition) would be undertaken in a manner that disruption to traffic and pedestrians on Fortis Green Road, Fortis Green Avenue and the roads surrounding the site is minimised. It is also requested
that construction vehicle movements should be carefully planned and coordinated to avoid the AM and PM peak periods.
Reason: To minimise the impact of the proposed development to the local highways network during the construction phase of the development.
11. The applicant will be required to provide details of the traffic management scheme to facilitate access to the basement car parking; in addition the applicant will be required to provide details on how access will be controlled to the car park which must be by remote control.
Reason: To provide safe and quick access to the basement car park and to minimise any potential queuing on the public highways.
12. 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.
To ensure the development can be implemented and occupied with adequate regardfor environmental and public safety.
13 Prior to installation, details of the Ultra Low NOx boilers for space heating and domestic hot water are to be forwarded to the Local Planning Authority. The boilers to be provided for space heating and domestic hot water shall have dry NOx emissions not exceeding 20 mg/kWh.
Reason: To protect local air quality.
14 Prior to commencement of the development, details of the CHP must be submitted to evidence that the unit to be installed complies with the emissions standards as set out in the GLA SPG Sustainable Design and Construction for Band B.
Reason: To Comply with Policy 7.14 of the London Plan and the GLA SPG Sustainable Design and Construction.
15 No works shall be carried out on the site until a detailed Air Quality and Dust Management Plan (AQDMP), detailing the management of demolition and construction dust, has been submitted and approved by the LPA. The plan shall be in accordance with the GLA SPG Dust and Emissions Control and shall also include a Dust Risk Assessment.
Reason: To Comply with Policy 7.14 of the London Plan
17 Before the development hereby permitted is commenced a plan showing a 1.8 metre high privacy screen along the side of the balcony shall be submitted to and approved in writing by the Planning Authority. Development shall be carried out in accordance with the approved details prior to the first use of the BALCONY AREA and the screening shall be retained in perpetuity unless otherwise agreed in writing by the Planning Authority.
Reason: To avoid overlooking into the adjoining properties and to comply with
Policy SP11 of the Haringey Local Plan 2013 and Saved Policy UD3 General
Principles of the Haringey Unitary Development Plan 2006.
18. Before the first occupation of the development hereby permitted, windows in
the proposed south elevation Block B (Houses) and proposed North elevation Block B (houses) shall be fitted with obscured glazing and any part of the window that is less than 1.7 metres above the floor of the room in which it is installed shall be non-opening and fixed shut. The window shall be permanently retained in that condition thereafter.
Reason: To avoid overlooking into the adjoining properties and to comply with
Policy SP11 of the Haringey Local Plan 2013 and Saved Policy UD3 General
Principles of the Haringey Unitary Development Plan 2006.
19. 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
20. No development hereby approved in relation to the below elements shall commence until a drainage strategy detailing any on and/or off site drainage works, has been submitted to and approved in writing by, the Local Planning Authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.
Reason: The development may lead to sewerage flooding, to ensure that sufficient capacity is made available to cope with the new development, and in order to avoid adverse environmental impact upon the community.
21 Prior to the implementation of the permission, details of any extract fans or flues shall be submitted to and approved by the Local Planning Authority prior to commencement of use’’.
Reason: In order to ensure that the proposed development does not prejudice the enjoyment by neighbouring occupiers of their properties
22 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 or any order revoking and re-enacting that Order with or without modification) no extensions or enlargement of the dwellings hereby approved shall be carried out unless a further planning permission has been granted by 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.
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: CIL
Based on the information given on the plans, the Mayoral CIL charge will be £59,145.625 (1,375 sqm x £35 x 1.166) and the Haringey CIL charge will be ££384,051.25 (1,375 sqm x £265). This will be collected by Haringey after/should the scheme is/be 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 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: Prior to demolition or 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: 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.
Supporting documents: