Agenda item

Erection of four storey residential building comprising of 11 units (8x2 bed and 3x1bed) with ancillary car parking.

 

RECOMMENDATION: grant permission subject to conditions and subject to a Shadow sec. 106 Legal Agreement

 

The Committee considered a report on the application to grant planning permission for the erection of a four storey residential building comprising 11 units (8x2 bed and 3x1bed) with ancillary car parking. 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 shadow s106 Legal Agreement

 

The planning officer gave a short presentation highlighting the key aspects of the report.

 

The Committee raised concerns over the potential for proposed trees to the front elevation to block light to habitable rooms and also plans for the replacement of mature trees removed onsite. In response, it was advised that trees to the front elevation would be set away from the building by a patio area and that the arboricultural officer was satisfied that these trees would be a positive addition. The landscaping plan for the scheme had yet to be finalised but 17 mature trees would be secured under condition. A preference for poplar trees noted.

 

Clarification was sought on the proposed external finish to the building and whether this would be render. The applicant advised that the finish would be brickwork, with materials to be secured under condition. In light of the concerns raised, officers proposed to revise the wording to condition 3 to require additional Council approval to the colour of brick used. 

 

In response to a question regarding the pitch of the roof, it was confirmed that the drainage officer had raised no issues.

 

RESOLVED

 

·         That planning application HGY/2016/2621 be approved and that the Head of Development Management or the Assistant Director Planning be authorised to issue the planning permission and impose conditions (including an amendment proposed to the wording of condition 3, materials submitted for approval, to make reference to brick colour) and informatives planning permission be granted in accordance with the Planning Application subject to the attachment of the conditions and a shadow s106 Legal Agreement.

 

·         That the shadow section 106 legal agreement referred to above be finalised with confirmation letter from landowning department no later than 31 January 2017 or within such extended time as the Head of Development Management or the Assistant Director Planning shall in her/his sole discretion allow; and

 

·         That, following completion of the agreement above within the time period provided for above, planning permission be granted in accordance with the Planning Application subject to the attachment of all conditions imposed: and

 

·         That delegated authority be granted to the Head of Development Management or the Assistant Director Planning to make any alterations, additions or deletions to the recommended heads of terms and/or recommended conditions as set out in this report and to further delegate this power provided this authority shall be exercised in consultation with the Chairman (or in their absence the Vice-Chairman) of the Sub-Committee.

 

·         That authority be granted to enter into a section 106 agreement with any third party at the same time that they acquire any interest in the site on the same terms (unless otherwise agreed by the AD Planning and/or Head of DM) as the shadow section 106 agreement

 

Subject to the following condition(s) and * conditions

 

1.            Development  begun no later than three years from date of decision

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 Town and Country Planning Act 1990 and to prevent the accumulation of unimplemented planning permissions.

2.            In accordance with approved plans

Notwithstanding the information submitted with the application, the development hereby permitted shall only be built in accordance with the following approved plans: 

AA4777-2005; 2006/B; 2007; 2008; 2009; 2010; 2013; 2014; 2020;  14401/300/C; 301/B

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

 

3.            Materials submitted for approval

Samples of materials to be used for the external surfaces of the development shall be submitted to, and approved in writing by, the Local Planning Authority before construction above ground floor (or DPC) level commences.  Samples should include sample panels or brick types 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.

 

4.            Contaminated land 1

Before development commences other than for investigative work:

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.

 

5.            Contaminated land 2

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.

 

6.            Construction dust

No works shall be carried out on the site until a Dust Management Plan (DMP), detailed the management of demolition and construction dust, has been submitted and approved by the LPA and thereafter the development shall only be implemented and carried out in accordance with the approved DMP.

Reason: As required by the London Plan 2016.

 

7.            Machinery registration

No works shall commence on the site until all plant and machinery to be used at the demolition and construction phases meets Stage IIIA of EU Directive 97/68/ EC for both NOx and PM and all Non-Road Mobile Machinery (NRMM) and plant to be used on the site of net power between 37kW and 560 kW has been registered at http://nrmm.london/. Proof of registration must be submitted to the Local Planning Authority prior to the commencement of any works on site. 

Reason: To protect local air quality.

 

8.            Considerate construction

Prior to the commencement of any works the site or Contractor Company is to register with the Considerate Constructors Scheme. Proof of registration must be sent to the LPA.

Reason: As required by the London Plan 2016.

 

9.            Residential travel plan including  induction pack and car club

A residential travel plan must be secured as part of the development and should include the following measures in order maximise the use of public transport:

a) Provision of welcome residential induction packs containing public transport and cycling/walking information like available bus/rail/tube services, map and time-tables to all new residents, travel pack to be approved by the Council's Transportation Planning team.

b) Establish or operate a car club scheme. The developer must offer free membership to all residents of the development for at least the first 2 years, and provide £50 (fifty pounds) in credit for each member of the car club, evidence of which must be submitted to the Transportation Planning team.

Reason: To promote sustainable modes of transport.

 

10.         Nineteen secure cycle spaces

The 19 secure cycle spaces and associated facilities shown on the approved plans shall be provided prior to first occupation of the dwellings hereby approved and permanently retained thereafter to the satisfaction of the Local Planning Authority.

Reason: To promote sustainable modes of transport.

 

11.         Construction management plan

Prior to commencement, 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 Cline Road and the roads surrounding the site is minimised.  The construction vehicle movements shall 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.

 

12.         Reconstruction of footways and new crossover

The development hereby permitted shall not be occupied until such time as the existing crossover has been removed and the footway reconstructed.  The necessary works to re-construct the footways will be carried out by the Council at the applicant's expense once all the necessary internal site works have been completed.

Reason: To safeguard the integrity of the local highways network, facilitate travel by sustainable mode of transport in particular by pedestrians.

 

13.         Boiler system requirement

The Council will require that each individual combination gas boilers shall be installed with a minimum SEDBUK rating of 91%. The applicant will be required to demonstrate compliance by supplying installation specification at least three months post construction and the facilities and shall be retained as such thereafter unless otherwise agreed in writing by the Local Authority.

REASON: To ensure the individual facility are highly efficient in the absence of a centralised boiler system.

 

14.         Low / lean energy

Within 6 months of the completion of the development hereby approved, a report confirming that the energy efficiency standards as detailed in PRP “Templeton Hall & Garages, Tottenham, N15 Energy Statement”, 2016, have been achieved must be submitted to and approved in writing by the local planning authority.  This report will show emission figures at design stage to demonstrate building regulations compliance, and then report against the constructed building. The applicant must allow for site access if required to verify measures have been installed.  

Failure to achieve the on site targets hereby agreed through energy measures as set out in the aforementioned strategy shall require any shortfall to be offset at the cost of £1,800 per tonne of carbon plus a 10% management fee.

Reason:  To comply with London Plan Policy 5.2 and local plan policy SP:04

 

15.         Sustainability commitment

The development hereby approved shall be constructed in strict accordance of the details so approved, and shall provide evidence of the following to the local planning authority at least 6 months prior to completion on site for approval:

-       Permeable paving and tarmac across the site ensuring at the impermeable area is not being increased by the development;

-       That the buffer zone between the site and the existing railway comprises existing mature trees which is retained to ensure the existing wildlife habitats are preserved;

-       Two bat boxes shall be installed into the building fabric on the north side of the development;

-       Bird boxes shall be installed into the building fabric on the north side of the development;

-       That car parking on site has electric vehicles recharging infrastructure installed for at least 50% of provided spaces; 

-       That cycle storage within the building will be provided for all residents, as well as visitor cycle stands by the main entrance.

-       That rain water storage will be delivered to water the landscaping areas.

In the event that the development fails to deliver the required measures, a full schedule and costings of remedial works shall be submitted for written approval to the Local Planning Authority.  Thereafter the schedule of remedial works must be implemented on site within 3 months of the local authority’s approval of the schedule, or the full costs and management fees given to the Council for offsite remedial actions.

Reason:  In the interest of addressing climate change and to secure sustainable development.

 

16.         Solar PV panels

The solar PV panels shall be installed in accordance with the details hereby approved within the PRP Energy Statement (January 2016)  and will cover an area of 120m2 and generate at least 12 kW of electricity installed and shall be operational prior to the first occupation of the development and shall be maintained as such thereafter. Failure to achieve the on site targets hereby agreed through energy measures as set out in the afore mentioned strategy, shall require any shortfall to be offset at the cost of £1,800 per tonne of carbon plus a 10% management fee.

Reason:  To ensure solar PV potential is achieved.

 

17.         SUDS operation and maintenance plan

The development hereby approved shall not commence until details of a plan for sustainable drainage system operation and maintenance has been submitted to and approved by the Local Planning Authority and thereafter implemented and maintained as approved.

Reason: In order to ensure a satisfactory provision for drainage on site and ensure suitable drainage provision for the authorised development.

 

18.         Arborocultural site meeting and tree protection

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 meeting between the Council’s Arborocultural officer and the qualified Arborocultural officer appointed by the applicant has been satisfactorily undertaken and details of the specification and position of the fencing for the protection of any retained tree to comply with BS 5837: 2012 - Trees in relation to design, demolition and construction - Recommendations 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 installed prior to the commencement of any development hereby approved and maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition nor shall any fires be started, no tipping, refuelling, disposal of solvents or cement mixing carried out and ground levels within those areas shall not be altered, nor shall any excavation or vehicular access be made, without the written consent of the Local Planning Authority.

Reason: In order to ensure the safety and well being of the trees on the site during construction works that are to remain after building works are completed.

 

19.         Bat survey

Prior to any demolition of the Templeton Hall building or removal of any trees on site, a suitable bat survey by a licensed bat consultant shall be undertaken to ensure that there are no bats or bat roostings associated within the site. Should any bats or bat roosting be discovered on site then the action must be agreed between the owners of the site and the Local Planning Authority and all works must be completed in accordance with that scheme.

Reason: To ensure that there are no bats or bat roosting disturbed as a result of the development.

 

20.         Hard / soft landscaping (including permeable paving)

No development above ground floor (or DPC) level hereby approved shall commence 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 boundary fencing / railings; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing permeable materials; minor artefacts and structures (e.g. furniture, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); where relevant.

Soft landscape works shall include tree planting; 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.

 

21.         Additional noise assessment

Prior to commencement of the development hereby approved, an additional report to include "baffled" ventilation to permit ventilation without undue noise  shall be submitted and approved in writing by the Local Planning Authority and shall be completed in accordance with that scheme.

Reason: In order to protect the amenities of future occupiers of the development.

 

22.         Refuse management

Details of a scheme for the storage and collection of refuse from the herby approved commercial unit shall be submitted to and approved by the Local Planning Authority prior to the commencement of the use. The approved scheme shall be implemented and permanently retained to the satisfaction of the Local Planning Authority prior to the commencement of the commercial use. 

Reason: In order to protect the amenities of the locality.

 

23.         Secure by design

Prior to commencement of the development hereby approved, details shall be submitted and approved in writing by the Local Planning Authority in consultation with the Metropolitan Police and Designing Out Crime Officers to demonstrate how the principles and practices of the ‘Secured by Design’ scheme have been included and shall be completed in accordance with that scheme.

Reason: In the interest of creating safer, sustainable communities.

 

24.         Aerials

Notwithstanding the provisions of Class H of part 1 of Schedule 2 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 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.

 

25.         Accessible and adaptable homes

All residential units within the proposed development shall be designed to Part M4 (2) 'accessible and adaptable dwellings' of the Building Regulations 2010 (as amended) (formerly Lifetime Homes Standard) unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: To ensure that the proposed development meets the Council's Standards in relation to the provision of wheelchair accessible homes.

 

26.         *Affordable housing provision

Affordable housing shall be provided in accordance with the conditions and approved documents as set out in this decision. All affordable housing units shall be constructed and fitted out as units which are suitable for occupation as

affordable housing and shall only be occupied for the purposes of and retained in perpetuity for Intermediate Affordable Housing in line with the London Plan definition for such as set out in the London Plan.

Reason: to ensure the scheme provides sufficient affordable housing and that the development is retained as affordable units.

 

27.         * Travel Plan

The residential units hereby permitted shall not be occupied until such time as a residential travel plan statement has been submitted to and legal commitments have been undertaken to ensure compliance with the terms agreed. The following measures shall be included in the travel plan in order to maximise the use of public transport:

i.        Provision of welcome residential induction packs containing public transport and cycling/walking information like available bus/rail/tube services, map and time-tables to all new residents, travel pack to be approved by the Council’s transportation planning team.

ii.        Establish or operate a car club scheme. The developer must offer free membership to all residents of the development for at least the first 2 years, and provide £50 (fifty pounds in credit for each member of the car club), evidence of which must be submitted to the Transportation planning team.

iii.        Provide 19 secure sheltered cycle parking spaces in line with the 2015 Further Alteration to the London Plan.

Reason:  To minimise the traffic impact generated by this development on the adjoining roads, and to promote travel by sustainable modes of transport.

 

28.         *Carbon offsetting commitment

The development hereby approved shall be constructed in accordance with the energy measures contained in the approved PRP Energy Statement (January 2016) hereby approved, and shall achieve the agreed carbon reduction of 35% reduction beyond BR 2013. The associated equipment and materials shall be retained and maintained so as to achieve these energy efficiencies thereafter.   Confirmation of achieving the detailed energy measures shall be submitted to and approved in writing by the local planning authority within 6 months of completion of the development and the applicant must allow site access if required to verify delivery. Failure to achieve the agreed targets through these energy measures shall be offset at the cost of £1,800 per tonne of carbon plus a 10% management fee.

Reason:  To comply with the details of the energy measures hereby approved to ensure sufficient sustainability within the site.

 

29.         Need for a Legal agreement

In the event that any owners of the land have the legal locus to enter into a Section 106 Agreement no works shall be progress on site until such time as they have entered into such an Agreement incorporating obligations in respect of the matters covered by conditions marked with * in this notice of planning permission.

Reason: In order to define the permission and to secure development in accordance with the terms of the Section 106.

 

 

INFORMATIVE: CIL Charge

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 £31,400.95 (730sqm x £35 x 1.229) and the Haringey CIL charge would be £11,541.30 (730sqm x £15 x 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: Consultation with Network Rail

Network Rail strongly recommends the developer contacts AssetProtectionAnglia@networkrail.co.uk prior to any works commencing on site. Network Rail strongly recommends the developer agrees an Asset Protection Agreement with Network Rail to enable approval of detailed works. More information can also be obtained from their website at www.networkrail.co.uk/aspx/1538.aspx.

 

INFORMATIVE: Consultation with Met Police

In aiming to satisfy the condition, the applicant should seek the advice of the Police Designing Out Crime Officers (DOCOs). The services of the Police DOCOs are available free of charge and can be contacted via: DOCOMailbox.NE@met.police.uk

or telephone 0208 217 3813.

 

INFORMATIVE: Land Ownership

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

 

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: Asbestos

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: 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.

 

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: 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. You can contact Thames Water on 0800 009 3921 or for more information please visit our website at www.thameswater.co.uk

 

INFORMATIVE: 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 by telephoning 02035779483 or by emailing wwqriskmanagement@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality.”

 

INFORMATIVE: 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.