Agenda item

LAND AT REAR OF YEWTREE CLOSE, N22 7UY

Proposal: Erection of 4 detached houses with basements and provision of off-street parking.

 

Recommendation: GRANT

Minutes:

The Committee considered an application for the erection of 4 detached houses with basements and provision of off-street parking.

 

The Planning Officer gave a short presentation highlighting the key aspects of the report.

 

Gordon Best addressed the Committee in objection to the application.  There were a number of serious flaws with the application, namely that there was no safe access or egress from the site via Yewtree Close.  Part of the development included land which belonged to Mr Best and this inaccuracy had implications for safe vehicle movement within the development.  There were safety issues to anyone crossing the entrance to Yewtree Close and vehicles moving in and out of the site, as the road was not easily visible from Alexandra Park Road.  This was particularly concerning due to the close proximity of two schools. 

 

Robert Bell addressed the Committee in objection to the application.  This application had been submitted on two previous occasions and had been refused.  The current application showed not material change from the previous two proposals.  The building height was not appropriate for the setting, and would cause a material loss of amenity to neighbouring properties.

 

Following a query from the Committee, Ben Burgerman, Lawyer, explained that the ownership of land was not a material planning consideration.

 

The Committee raised a number of questions and issues, responses to which are summarised as follows:

-       There were two houses already on Yewtree Close, with existing access.  Following traffic analysis, it was expected that the new development would result in 4 additional car movements.  There had been no collisions at the access point in the past 5 years, and it was not considered to have any visibility concerns.

-       An objection had been received from the headteacher of a nearby school, and this had been included with the public objections.

-       The swept path analysis was provided by the applicant and demonstrated that if Veolia were not to provide refuse collection then a private company could be used.  However, it was very unlikely that Veolia would not provide refuse collection. 

 

Councillor McShane addressed the Committee in her capacity as ward councillor and spoke in objection to the application.  The application was out of character for the area, and there were concerns for the safety of students crossing Yewtree Close particularly with the increase in vehicles during the building stage and afterwards.  She requested that the Committee refuse the application.

 

The Applicant’s agent addressed the Committee.  He advised that the applicant had been developing the application since 2015, and there had been 2 refusals, and 2 appeals dismissed.  This new application addressed previous issues, and had been prepared in consultation with the Planning Authority.  The access and egress arrangements did not prejudice existing road conditions.  As stated by the Local Authority lawyer, the ownership of land was immaterial, however, the applicant did not require a turning area over the disputed land. 

 

Councillor Bevan requested that a condition be included relating to the installation of satellite dishes.  The Committee agreed with this.

 

The Chair moved that the application be granted, and following a vote it was

 

RESOLVED

 

That the Committee GRANT planning permission and that the Head of Development Management is authorised to issue the planning permission and impose conditions and informatives.

 

CONDITIONS

 

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 approved plans comprise drawing nos. (433115-1, 12 Rev C, 13, 14, 15, 17 Rev B and 9310-002 Rev B). The development shall be completed in accordance with the approved plans except where conditions attached to this planning permission indicate otherwise or where alternative details have been subsequently approved following an application for a non-material amendment.

 

Reason: In order to ensure the development is carried out in accordance with the approved details and in the interests of amenity.

 

3)        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 any development is commenced. 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)        No development 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 materials; minor artefacts and structures (e.g. furniture, play equipment, 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.); retained historic landscape features and proposals for restoration, where relevant.

 

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.

 

5)        Details of the proposed boundary treatment shall be submitted to, and approved in writing by the Local Planning Authority prior to the commencement of the development. The approved boundary treatment shall thereafter be installed and retained in perpetuity prior to occupation of the new residential units.

 

Reason: In order for the Local Planning Authority to assess the acceptability of the boundary details and in the interest of the visual amenity of the area and residential amenities of neighbouring occupiers.

 

6)        The servicing of the site shall be in accordance with the refuse management plan titled ‘Waste Concern’ dated March 2017 and swept path analysis ref. 9310-002 Rev B.

 

Reason: Any larger vehicles in size are unable to enter and leave the site in forward gear which will prejudice road users and pedestrians using the junction at Yewtree Close and Alexandra Park Road. 

 

7)        No development shall commence until a Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MI Struct.E) has been appointed to supervise the construction works throughout their duration and their appointment confirmed in writing to the Local Planning Authority. In the event that the appointed engineer ceases to perform that role for whatever reason before the construction works are completed those works will cease until a replacement chartered engineer of the afore-described qualification has been appointed to supervise their completion and their appointment confirmed in writing to the Local Planning Authority. At no time shall any construction work take place unless an engineer is at that time currently appointed and their appointment has been notified to this Authority in accordance with this condition.

 

Reason: The details are considered to be material to the acceptability of the proposal, and for safeguarding the amenity of neighbouring residential properties.

 

8)        Fencing for the protection of the trees shown to be retained shall be erected in accordance with tree reports ref. MUKL_YTC_AIA_001 and MUKL_YTC_AIA_001_ADD before any materials, equipment or machinery are brought onto the site for the purposes of the development. The fencing shall be retained in position until the development is complete, and nothing shall be placed within the fencing, nor shall any ground levels within the fencing be altered, nor shall any excavation within the fencing be made, without the prior written consent of the Local Planning Authority.

 

Reason: In order to ensure the safety and well-being of the trees adjacent to the site during constructional works that are to remain after works are completed.

 

9)        The residential units hereby approved shall be designed to Part M4 (2) 'accessible and adaptable dwellings' of the Building Regulations 2015 (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 accessible and adaptable homes.

 

10)     Before the first occupation of the dwelling on ‘Plot 2’ hereby permitted, the first and second floor windows in the side flank elevation as shown on drawing no. 433115-14 shall be fitted with obscured glazing and any part of the windows that is less than 1.7 metres above the floor of the rooms in which they are installed shall be non-opening and fixed shut. The windows shall be permanently retained in that condition thereafter.

 

Reason: To avoid overlooking into the adjoining properties.

 

11)     Notwithstanding the provisions of the Town & Country Planning General Permitted Development Order 2015 or any Order revoking or re-enacting that Order, no extensions or outbuildings shall be built and no new window or door openings inserted into any elevation of the buildings (other than that development expressly authorised by this planning permission).

 

Reason: To safeguard the amenities of neighbouring occupiers and the general locality.

 

12)     Prior to the installation of any microwave antenna / satellite dish on the dwellings hereby approved details of its siting and appearance shall be submitted to, and approved in writing by the Local Planning Authority, and thereafter implemented only in accordance with the agreed details.

 

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: 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:  CIL : Based on the information given on the plans, the Mayoral CIL charge will be £29,180.66 (657sqm x £35 x 1.269) and the Haringey CIL charge will be £189,426.24 (657sqm x £265 x 1.088). 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: 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.

 

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