Agenda item

Proposal: Demolition of existing buildings and erection of a part 1,3, 4,5,6,7 storey mixed use development comprising 25 Commercial Units (B1), music rehearsal space (Sui Generis), a café (A3), Commercial Pavilion (Sui Generis) (2446.9sqm), and 99 Residential Units (C3) including 12 apartments tethered to the commercial space, plus site access, landscaping, plant and other associated development. 

 

Recommendation: GRANT

 

The Committee considered an application for: Demolition of existing buildings and erection of a part 1, 3, 4, 5, 6, 7 storey mixed use development comprising 25 Commercial Units (B1), music rehearsal space (Sui Generis), a café (A3), Commercial Pavilion (Sui Generis) (2446.9sqm), and 99 Residential Units (C3) including 12 apartments tethered to the commercial space, plus site access, landscaping, plant and other associated development. 

 

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

 

Suzanne Asher addressed the Committee in objection to the application.  She argued that the development was in contravention of a number of policy areas, and was contrary to the development plan.  The development was out of character for the area, and the scale did not correspond with the two storey buildings surrounding it.  The size of the development would lead to a 75-100% loss of daylight and sunlight to the bedrooms of several properties in the surrounding area.

 

Shirley Vaughan addressed the Committee in objection to the application.  There were 80 homes in the local area which were opposed to the development.  The application was in contravention to planning policies and the Tottenham Area Action Plan.  She referred to the loss of commercial space, trees and open recreational space.  The development was unacceptable for the area.

 

Officers responded to questions from the Committee:

-           Tall builders were defined as 10 storeys and over.  This application complies with the definition of taller buildings.

-           The new recreation space would cover 1000sqm, with a higher quality provision rather than just a grassed area.

-           There was no affordable housing in the development, as this was an employment led application.  In order for the employment space to be provided, it would not be viable to include affordable housing.  The 40% affordable housing target was borough wide, and this development would be included as part of the wider area action plan.

 

Councillor Diakides addressed the Committee in objection to the application.  He stated that the ward councillors and local residents wanted regeneration and investment in the area but that this was not suitable.  The proposal breached most planning policies and was opposed by local residents. 

 

Councillor Vanier addressed the Committee in objection to the application.  She stressed the issue of residents on Ashby Road being overlooked, the loss of privacy and loss of light, and stated that she did not believe that this had been addressed strongly enough. 

 

The Chair referred to pages 118 and 119 of the report and clarified that there were four people who had written in support of the application.

 

Officers responded to questions from the Committee:

-           The scheme did not contravene planning policies, and officers had recommended that the scheme was compliant.

-           Access to open space was part of the s106 agreement, and would be fully accessible 24 hours per day in perpetuity.

 

Nick Hartwright spoke on behalf of The Mill Co. Project in support of the application.  He explained that the important thing about the scheme was the permanence of the workspaces – tenants would be given a 50 year lease with discounted rent.  The tethered units would encourage people to put down roots and live and work in the area.

 

Nick Charalambous spoke on behalf of the developer in support of the application.  He explained that the expectation was that workspace tenants would be involved with the local community to deliver access by ways of open days and apprenticeships.  He added that there would be 280sqm of play space specifically for children.

 

The Chair MOVED that the application be GRANTED and following a vote with six in favour and three against, it was

 

RESOLVED

 

i)          That the Committee GRANT planning permission and that the Head of Development Management or the Assistant Director Planning is authorised to issue the planning permission and impose conditions and informatives subject to referral to the signing of a section 106 Legal Agreement providing for the obligations set out in the Heads of Terms below.

 

ii)         That delegated authority be granted to the Head of Development Management or the Assistant Director of 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 Chair (or in their absence the Vice-Chair) of the Sub-Committee.

 

iii)        That the section 106 legal agreement referred to in resolution (i) above is to be completed no later than 1^st July 2018 or within such extended time as the Head of Development Management or the Assistant Director Planning shall in her/his sole discretion allow; and

           

iv)       That, following completion of the agreement(s) referred to in resolution (i) within the time period provided for in resolution (iii) above, planning permission is granted in accordance with the Planning Application subject to the attachment of the conditions.

 

v)         That, in the absence of the agreement referred to in resolution (i) above being completed within the time period provided for in resolution (iii) above, the planning permission be refused for the following reasons:

 

          i.             In the absence of a legal agreement securing 1) an affordable workspace plan and 2) an affordable workspace provider, the scheme would fail to deliver high quality employment floorspace within a designated Employment Area – Regeneration Area and fail to meet the Council’s strategic objectives in relation to employment land and the site allocation.  As such, the proposal is contrary to London Plan Policy 4.4,  Draft London Plan Policy E3, Strategic Policy SP8 and DM Policy 38 and TH12. 

 

         ii.               In the absence of a legal agreement securing 1) the provision of on-site affordable housing and 2) viability review mechanisms the scheme would fail to foster mixed and balanced neighbourhoods where people choose to live, and which meet the housing aspirations of Haringey’s residents. As such, the proposal is contrary to London Plan Policies 3.9, 3.11 and 3.12, Strategic Policy SP2, and DPD Policies DM 11 and DM 13, and Policy TH12.

 

        iii.             In the absence of the legal agreement securing an Open Space Management and Access Plan the proposal would fail to secure publicly accessible and well maintained open space. As such, the proposal would be contrary to London Plan policies 7.5, 7.9, Policy SP12, Policy DM20 and Policy TH12.

 

        iv.             In the absence of legal agreement securing 1) residential and commercial Travel Plans, and Traffic Management Order (TMO) amendments and 2) financial contributions toward travel plan monitoring, and car club provision and parking control measures the proposal would have an unacceptable impact on the safe operation of the highway network, and give rise to overspill parking impacts and unsustainable modes of travel.  As such, the proposal would be contrary to London Plan policies 6.9, 6.11 and 6.13. Spatial Policy SP7, Policy DM31 and Policy TH12.

 

         v.             In the absence of a legal agreement securing an energy plan carbon offset payment and an energy plan the proposal would fail to mitigate the impacts of climate change.  As such, the proposal would be unsustainable and contrary to London Plan Policy 5.2 and Strategic Policy SP4, and emerging DPD Policies DM 21, DM22 and SA48.

 

        vi.             In the absence of a legal agreement securing the developer’s participation in the Considerate Constructor Scheme, the development would fail to mitigate the impacts of demolition and construction and impinge the amenity of adjoining occupiers. As such the proposal would be contrary to London Plan Policies 5.3, 7.15, Policy SP11 and Policy DM1.

 

vi)       In the event that the Planning Application is refused for the reasons set out above, the Head of Development Management or the Assistant Director Planning (in consultation with the Chair of Planning sub-committee) is hereby authorised to approve any further application for planning permission which duplicates the Planning Application provided that:

 

          i.             There has not been any material change in circumstances in the relevant planning considerations, and

 

         ii.             The further application for planning permission is submitted to and approved by the Assistant Director within a period of not more than 12 months from the date of the said refusal, and

 

        iii.             The relevant parties shall have previously entered into the agreement contemplated in resolution (1) above to secure the obligations specified therein.

 

 

CONDITIONS

 

1)        COMPLIANCE Three Year Expiry (LBH Development Management)

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 and Compulsory Purchase Act 2004 and to prevent the accumulation of unimplemented planning permissions.

 

2)        COMPLIANCE Development in Accordance with Approved Drawings and Documents (LBH Development Management)

The approved plans and drawings comprise the following:

Approved Drawings:  A244-DMA-ZZ-ZZZ-DR-A-01100; A244-DMA-ZZ-ZZZ-DR-A-00101; A244-DMA-ZZ-ZZZ-DR-A-00102; A244-DMA-ZZ-ZZZ-DR-A-00201; A244-DMA-ZZ-ZZZ-DR-A-00202; A244-DMA-ZZ-ZZZ-DR-A-01101; A244-DMA-ZZ-ZZZ-DR-A-01102; A244-DMA-ZZ-ZZZ-DR-A-01103; A244-DMA-ZZ-ZZZ-DR-A-01104; A244-DMA-ZZ-ZZZ-DR-A-01104; A244-DMA-ZZ-ZZZ-DR-A-01104; A244-DMA-ZZ-ZZZ-DR-A-01105; A244-DMA-ZZ-ZZZ-DR-A-01106; A244-DMA-ZZ-ZZZ-DR-A-01107; A244-DMA-ZZ-ZZZ-DR-A-01108; A244-DMA-ZZ-ZZZ-DR-A-01109; A244-DMA-ZZ-ZZZ-DR-A-01201; A244-DMA-ZZ-ZZZ-DR-A-01202; A244-DMA-ZZ-ZZZ-DR-A-01203; A244-DMA-ZZ-ZZZ-DR-A-01204; A244-DMA-ZZ-ZZZ-DR-A-01205; A244-DMA-ZZ-ZZZ-DR-A-01206; A244-DMA-ZZ-ZZZ-DR-A-01207; A244-DMA-ZZ-ZZZ-DR-A-01208; A244-DMA-ZZ-ZZZ-DR-A-01301; A244-DMA-ZZ-ZZZ-DR-A-01302; A244-DMA-ZZ-ZZZ-DR-A-01303; A244-DMA-ZZ-ZZZ-DR-A-01304; A244-DMA-ZZ-ZZZ-DR-A-01305; A244-DMA-ZZ-ZZZ-DR-A-01306; A244-DMA-ZZ-ZZZ-DR-A-01401; A244-DMA-ZZ-ZZZ-DR-A-01402; A244-DMA-ZZ-ZZZ-DR-A-01403; A244-10.06-01-Area & Accommodation Schedule; A244-10.06-02-Residential Unit Schedule; A244-10.06-03-Commercial Unit Schedule

SP00 - Tree and Shrub Plan, SP01 - Shrub and Perennial Planting Plan, SP02 - Soil Plan,, SP03 - Irrigation Plan

 

Approved Documents: Planning Statement (December 2017 Urbanissta); Home Quality Mark Assessment (December 2017 - Renewable Environmental Services); Breeam Assessment (December 2017 - Renewable Environmental Services);   Tree Survey & Arboricultural Impact Assessment (October 2017 - Syntegra Consulting); Statement of Community Involvement (October 2017 – Hard Hat); Daylight/Sunlight Analysis (December 2008 – Gia); Internal Daylight/Sunlight Analysis (December 2008 – Gia); Air Quality Assessment (December 2017 - xC02); Phase I Land Contamination Study (April 2017 – Soils Limited); Basement Impact Assessment (September 2017 – Soils Limited); Environmental Noise Survey Report (October 2017 - Sandy Brown Acoustic);  Planning Noise Report (November 2017 - Sandy Brown Acoustic);  Outline Fire Safety Strategy Report (December 2017 – Chapman BDSP);  Economic Statement (December 2017 – Empyrean Developments); Energy Strategy (December 2017 - Renewable Environmental Services);  Thermal Comfort Analysis (December 2017 - Renewable Environmental Services); Future Climate (TM49) Analysis (December 2017 - Renewable Environmental Services);  Wind Comfort Study (December 2017 – Chapman BDSP); Viabiliy Report and appendices 1-4 (December 2017 – Adam Roberts); Construction Management Plan (December 2017 – Haig); Demolition Plan (December 2017 – Haig); Transport Assessment (December 2017 - Steer Davies Gleave);  Design and Access Statement (December 2017 -Duggan Morris Architects); D&A Landscape Character and associated plans (December 2017 – MRG Studio);  Utilities Statement (December 2017 – Long and Partners); Ventilation Services Strategy (December 2017 – Long and Partners).

 

The development shall be completed in accordance with the approved plans and documents 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)        PRE-COM Materials Samples (LBH Development Management)

Prior to the commencement of the development (excepting demolition works) precise details of the external materials to be used in connection with the development hereby permitted shall be submitted to, approved in writing by the Local Planning Authority. The details shall include samples of the type and shade of cladding, window frames and balcony frames, sample panels, perforated screening, brick types and a roofing material sample combined with a schedule of the exact product references.  The development shall be constructed of approved materials and maintained thereafter. 

 

REASON: In order to retain control over the external appearance of the development in the interest of the visual amenity of the area.

 

4)        PRE-COM Hard and Soft Landscaping (LBH Development Management)

Prior to the commencement of the development (excepting demolition works), full details of both hard and soft landscape works shall be submitted in writing to and approved by the Local Planning Authority.

 

Details of hard landscaping works shall include:

 

·                hard surfacing materials

·                minor artefacts and structures (eg. furniture, refuse or other storage units, signs etc.)

·                proposed and existing functional services above and below ground (eg. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc)

 

Details of soft landscape works shall include:

 

·                planting plans for all open spaces

·                a full schedule of species of new trees and shrubs proposed to be planted (in conformity with approved landscaping documents)

·                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; and

·                an implementation programme.

 

The hard and soft landscaping shall be constructed in accordance with the approved details.  The approved soft landscaping details shall be implemented in the first planting and seeding season following commercial occupation of the development. The approved hard landscaping details shall be implemented within 3 months of commercial occupation. 

 

REASON:  to protect the amenity of the locality.

 

5)        COMPLIANCE - Landscaping – Replacement of Trees and Plants (LBH Development Management)

Any new tree or plant on the development site which, within a period of five years of occupation of the approved development 1) dies 2) is removed 3) becomes damaged or 4) becomes diseased, shall be replaced in the next planting season with a similar size and species of tree or plant.

 

REASON:  to protect the amenity of the locality and the environment 

 

6)        PRE-OCC – Lighting Strategy (LBH Development Management)

Prior to the residential occupation of the development, a Lighting Strategy shall be submitted in writing to and for approval by the Local Planning Authority.  The strategy shall be implemented as approved and maintained thereafter. 

 

REASON: To protect the environment.

 

7)        PRE-AGW – Secure by Design Certificate (Metropolitan Police Service) 

Prior to above grade works, details of full Secured by Design' Accreditation shall be submitted in writing to and for approval by the Local Planning Authority.  The details shall demonstrate consultation with the Metropolitan Police Designing Out Crime Officers. The development shall be carried out in accordance with the approved details and maintained thereafter.

 

REASON: To ensure safe and secure development and reduce crime.

 

8)        Waste Management Plan (LBH Development Management)

Prior to the residential or commercial occupation of the development (whichever occurs first) a Waste Management Strategy (WMS) shall be submitted in writing to and for approval by the Local Planning Authority.  The WMS shall be implemented as approved and maintained thereafter. 

 

REASON: To protect the amenity of the locality. 

 

9)        PRE-OCC – Car Parking Management Strategy (LBH Transportation)

Prior to the residential or commercial occupation of the development (whichever occurs first) a Car Parking Management Strategy (CPMS) shall be submitted in writing to and for approval by the Local Planning Authority.  The CPMS shall confirm availability of all approved parking before occupation and contain details of:

 

a)      Visibility splays

b)      Facilitation/management of disabled parking for the commercial part of this development

c)      Control of the servicing/ delivery area and parking enforcement,

d)      Swept paths for delivery vans, ramp details (if any proposed),

 

The CPMS shall be implemented as approved and maintained thereafter.

         

REASON: To protect amenity and promote sustainable travel.

 

10)     PRE-COM Updated Basement Development Impact Assessment (LBH Development Management)

Prior to the commencement of the development, an updated Basement Development Impact Assessment (BIA) shall be submitted in writing to and for approval by the Local Planning Authority.  The updated BIA shall be undertaken by a suitably qualified person. The development shall be constructed in accordance with the approved updated BIA and maintained thereafter. 

 

REASON: to protect the amenity of the locality. 

 

11)     PRE-COM Construction Management Plan (CMP) and Construction Logistics Plan (CLP) (LBH Transportation)

Prior to the commencement of the development, a Construction Management Plan (CMP) and Construction Logistics Plan (CLP) shall be submitted in writing to and for approval by the Local Planning Authority.

 

The Plans shall provide details on how construction work (including demolition) would be undertaken in a manner that minimises disruption to traffic and pedestrians.  The plans shall demonstrate that construction vehicle movements are planned and co-ordinated to avoid the AM and PM peak periods and include measures to safeguard and maintain the operation of the local highway network.

 

The CMP and CLP shall be implemented as approved and shall endure until the development hereby approved is complete.

 

REASON: To protect amenity, reduce congestion and mitigate obstruction to the flow of traffic.

 

12)     PRE-OCC - Service and Delivery Plan (DSP) (LBH Transportation)

Prior to any residential, commercial or community use of the site, a full Service and Delivery Plan (SDP) shall be submitted in writing to and for approval by the Local Planning Authority.  The service and delivery plan must also include facility for the delivery and storage of parcels for residents of the development. The plan shall be implemented as approved and maintained thereafter unless agreed in writing by the Local Planning Authority.

 

REASON: To protect amenity, reduce congestion and mitigate obstruction to the flow of traffic.

 

13)     COMPLIANCE - Wheelchair Dwellings (LBH Development Management)

 

At least 10% of all dwellings hereby approved shall be wheelchair accessible or easily adaptable for wheelchair use (Part M4 (3) 'wheelchair user dwellings' of the Building Regulations 2015) in conformity with Design and Access Statement, unless otherwise agreed in writing with the Local Planning Authority.

 

REASON: To ensure inclusive and accessible development

 

14)     COMPLIANCE - Accessible & Adaptable Dwellings (LBH Development Management)

All residential units within the proposed development 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 inclusive and accessible development

 

15)     COMPLIANCE - Internal Noise Levels within Residential Units – Design (LBH Environmental Health – Noise)

The constructed development shall be in accordance with Section 7.3 of the approved document Planning Noise Report detailing a façade sound insulation performance of Rw+Ctr 27 dB or greater (inclusive of acoustic Standard hermetically sealed thermal double glazing and acoustic trickle vents). 

 

REASON: to ensure high quality residential development

 

16)     COMPLIANCE Internal Noise Levels within Residential Units – Maximum Noise (LBH Environmental Health – Noise)

The internal noise levels within the proposed residential units (with the windows closed) shall be in accordance with BS8233:2014 as detailed below:

 

Time	Area	Maximum Noise level
Daytime Noise  7am – 11pm	Living rooms & Bedrooms	35dB(A)
	Outdoor Amenity	55dB(A)
Night Time Noise  11pm -7am	Bedrooms	30dB(A)

 

With no more than 10 individual events to exceed 45dB LA_max (measured with F time weighting) between 23.00hrs – 07.00hrs.

 

REASON: To ensure high quality residential development 

 

17)     COMPLIANCE Plant Noise (LBH Environmental Health – Noise)

Noise arising from the use of any plant and associated equipment shall not increase the existing background noise level (LA₉₀ 15mins) when measured (LA_eq 15mins) 1 metre external from the nearest residential or noise sensitive premises. The applicant shall also ensure that vibration/structure borne noise derived from the use of the extractor fan does not cause nuisance within any residential unit or noise sensitive premises, for as long as the development hereby approved endures. 

 

REASON: to ensure high quality residential development and protect the amenity of the locality.

 

18)     COMPLIANCE Commercial Music Studio Design (LBH Environmental Health – Noise)

The Commercial Music Studio located in the basement of the proposed development shall be so designed that amplified or non-amplified sound generated from within shall not increase the background noise level (LA₉₀ 15mins) in any one-third octave centre frequency band, when measured (LA_eq 15mins) within any residential or noise sensitive premises.

 

REASON: to protect the amenity of the locality. 

 

 

19)     PRE-COM Scheme of Sound Insulation (LBH Environmental Health – Noise)

Excepting demolition, prior to the commencement of the development, details of a sound insulation scheme to be installed between the commercial premises on the ground floor and residential premises on the first floor shall be submitted in writing to and for approval by the Local Planning Authority. The scheme shall be submitted following consultation with the Environmental Health Officer. The scheme shall be installed as approved prior to any commercial occupation of the site, including the music studio, and shall be maintained thereafter.   

 

REASON: to protect the amenity of the locality

 

20)     PRE-COM Construction and Demolition Noise LBH Environmental Health – Noise)

Prior to the commencement of the development, a Site Environmental Management Plan (SEMP) pertaining to the control of noise and vibration (in general conformity with the approved document Construction Management Plan produced by Haig dated 6^th December 2017) shall be submitted in writing to and for approval by the Local Planning Authority.  The SEMP shall be implemented as approved and endure for the duration of the construction phase of the development.

REASON: to protect the amenity of the locality.

 

21)     PRE-COM Site Wide Energy Network (LBH Carbon Management)

Prior to the commencement of the development, details of the site wide energy network shall be submitted in writing to and for approval by the Local Planning Authority.  Details shall include:

a)           Confirmation that the site wide heating and hot water network has been designed and shall be constructed following the CIBSE / ADE Heat Networks Code of Practice; and 

b)           Confirmation that the operator of the heating and hot water network shall achieve the standards set out in the Heat Trust Scheme and the scheme is to be adopted for the lifetime of the development, unless approved in writing by the Local Planning Authority.

c)           Confirmation the design will make provision for future connection to a district heat network via the provision of punch points.

 

The network shall be installed as approved and maintained thereafter. 

 

REASON: To ensure sustainable development.

 

22)     COMPLIANCE – Surface Water Drainage (Thames Water)

With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses 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. The contact number is 0800 009 3921.

 

REASON:  To ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

 

23)     COMPLIANCE – Public Sewer Crossings (Thames Water)

There are public sewers crossing or close to the development. In order to protect public sewers and to ensure that Thames Water can gain access to those sewers for future repair and maintenance, approval should be sought from Thames Water where the erection of a building or an extension to a building or underpinning work would be over the line of, or would come within 3 metres of, a public sewer. (Thames Water will usually refuse such approval in respect of the construction of new buildings, but approval may be granted for extensions to existing buildings). The applicant is advised to visit thameswater.co.uk/buildover.

 

REASON: To ensure access to public access to infrastructure

 

24)      PRE-PIL – Piling Method Statement (Thames Water)

No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement.

 

REASON: The proposed works will be in close proximity to underground sewerage utility infrastructure. Piling has the potential to impact on local underground sewerage utility infrastructure.

 

25)     PRE COM - Existing Water Supply Impact study -  (Thames Water) 

Development should not be commenced until impact studies of the existing water supply infrastructure have been submitted to, and approved in writing by, the Local Planning Authority (in consultation with Thames Water). The studies should determine the magnitude of any new additional capacity required in the system and a suitable connection point.

 

REASON: To ensure that the water supply infrastructure has sufficient capacity to cope with the additional demand.

 

26)     PRE-COM - Details of Flood Risk Attenuation Measures (LBH Drainage)

Excepting demolition, prior to the commencement of the development full details of attenuation infrastructure in line with approved documents shall be submitted in writing to and for approval by the Local Planning Authority.  The attenuation measures shall demonstrate compliance with relevant London Plan standards in relation to greenfield run off rates. The approved details shall be implemented as approved and maintained thereafter.

 

REASON: To mitigate flood risk.

 

27)     PRE-COM -Drainage Details – (LBH Drainage)

Prior to the commencement of the development details of the design, implementation, maintenance and management of the sustainable drainage scheme in line with approved documents shall be submitted to and approved in writing by the Local Planning Authority.  Those details shall include:

a)           Information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance, the methods employed to delay and control the surface water discharged from the site and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters;

b)           Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant);

c)           Flood water exceedance routes, both on and off site;

d)           A timetable for its implementation, and

e)           A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by a Residents’ Management Company or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime.

 

Once approved, the scheme shall be implemented, retained, managed and maintained in accordance with the approved details. 

 

REASON: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system.

 

28)     POST-OCC – Confirmation of Energy Standards (LBH Carbon Management)

At least 6 Calendar Months following residential occupation of any part of the development, details confirmation that the energy efficiency standards and carbon reduction targets set out in the  Energy Strategy Report - Bernard Works by Renewable Environmental Services, dated the 8th December 2017 have been achieved, shall be submitted in writing to and for approval by the Local Planning Authority.  Details shall show emissions figures at design stage to demonstrate building regulations compliance, and then report against the constructed building.

 

REASON: to ensure sustainable development

 

29)     POST OCC – Post Construction Certification BREEAM and Home Quality Mark (LBH Carbon Management) 

6 Calendar Months following any residential occupation of the development, a Post Construction Certification (issued by an independent certification body) shall be submitted in writing to and approved by the Local Planning Authority.  The submission shall demonstrate the approved development achieves a rating of BREEAM Very Good and Home Quality Mark, 3 stars.  The rating shall be maintained thereafter.

 

REASON: To ensure sustainable development.

 

30)     COMPLIANCE – Remedial Works Plan BREEAM Very Good and Home Quality Mark (LBH Carbon Management)

IN THE EVENT the Local Planning Authority provides written notification that details submitted to discharge the condition above demonstrate a failure of the development to achieve the agreed ratings of BREEAM Very Good and Home Quality Mark, 3 stars, as set out in the post construction certificate, a Remedial Works Plan (RWP) shall be submitted in writing to and for approval by the Local Planning Authority within 3 Calendar Months.  

 

The RWP shall provide a full schedule and costings of remedial works required to achieve the agreed ratings.  The remedial works shall be implemented in accordance with the approved plan OR the full costs of remediation (including management fees) shall be paid to the Council to an agreed schedule.

 

REASON: to ensure sustainable development.

 

31)     PRE-COM – Site Investigation (LBH Environmental Health)

Prior to the commencement of the development (other than for investigative work):

a)           Using the information contained within the Phase 1 Desk-top study, (Soils Ltd, Reference: 16176/DS Rev1.03. dated April 2017), a site investigation shall be carried out for the site. The investigation must be comprehensive enough to enable:-

1)        a risk assessment to be undertaken,

2)        refinement of the Conceptual Model, and

3)        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.

b)           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.

 

32)     PRE-OCC – Site Remediation (LBH Environmental Health)

Where remediation of contamination on the site is required and prior to the occupation of the development: 

1)         completion of the remediation detailed in the method statement in the Condition above shall be carried out; and

2)         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. 

 

REASON: To ensure the development can be implemented and occupied with adequate regard for environmental and public safety.

 

33)     PRE-COM – Air Quality and Dust Management Plan (LBH Environmental Health)

Prior to the commencement of the development, 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 London Plan SPG Dust and Emissions Control and shall also include a Dust Risk Assessment.

 

REASON: To protect local amenity and air quality.

 

34)     COMPLIANCE – Machinery Emissions (LBH Environmental Health)

All plant and machinery to be used during the demolition and construction phases of the development shall meets Stage IIIA of EU Directive 97/68/ EC for both NOx and PM emissions.

 

REASON: To protect local air quality.

 

35)     PRE-COM – NRMM Registration  (LBH Environmental Health)

Prior to the commencement of the development, evidence of site registration at nrmm.london to allow continuing details of Non-Road Mobile Machinery (NRMM) and plant of net power between 37kW and 560 kW to be uploaded during the construction phase of the development shall be submitted to and approved by the Local Planning Authority. 

 

REASON: To protect local air quality.

 

36)     COMPLIANCE – Machinery Inventory (LBH Environmental Health)

During the course of the demolitions, site preparation and construction phases, an inventory and emissions records for all Non-Road Mobile Machinery (NRMM) shall be kept on site.  The inventory shall demonstrate that all NRMM is regularly serviced and detail proof of emission limits for all equipment. All documentation shall be made available for inspection by Local Authority officers at all times until the completion of the development.

 

REASON: To protect local air quality.

 

37)     PRE-WORKS - Updated Ecological Appraisal (LBH Development Management and Carbon Management)

Prior to above ground works on the development,  an updated ecological strategy shall be submitted in writing to and for approval by the Local Planning Authority.  The scheme shall be in general conformity with the requirements of the approved document Preliminary Ecological Appraisal” by MKA Ecology (dated July 2017) and propose details of the following ecological improvements to the site:

·                4 bat boxes on new buildings facing between south and east orientations

·                4 Swift boxes facing between the north and east orientations of the buildings

·                4 Sparrow boxes facing between the north and east orientations of the buildings

·                4 starling boxes facing between the north and east orientations of the buildings

·                New vegetation on the site (in line with approved landscaping documents) that supports foraging and commuting for bats and breeding and foraging for birds

 

The development shall be constructed in accordance of the details so approved and retained thereafter. 

 

REASON:   To ensure that the development provides the maximum provision towards the creation of habitats for biodiversity.  

 

INFORMATIVES

 

1)        Working with the Applicant (LBH Development Management)

INFORMATIVE: In dealing with this application, the London Borough of Haringey has implemented the requirements of the National Planning Policy Framework and of the Town and Country Planning (Development Management Procedure) (England) Order 2015 to foster the delivery of sustainable development in a positive and proactive manner.

 

2)        Community Infrastructure Levy (LBH Development Management)

INFORMATIVE: The Community Infrastructure Levy 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.

 

3)        Hours of Construction Work (LBH Development Management)

INFORMATIVE: 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.

 

4)        Party Wall Act (LBH Development Management)

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.

 

5)        Numbering New Development (LBH Development Management)

INFORMATIVE:  The new and converted 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.

 

6)        Asbestos Survey Where Required (LBH Environmental Health) 

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.

 

7)        Disposal of Commercial Waste (LBH Waste Management)

INFORMATIVE: Commercial Business must ensure all waste produced on site are disposed of responsibly under their duty of care within Environmental Protection Act 1990. It is for the business to arrange a properly documented process for waste collection from a licensed contractor of their choice. Documentation must be kept by the business and be produced on request of an authorised Council Official under section 34 of the Act. Failure to do so may result in a fixed penalty fine or prosecution through the criminal Court system.

 

8)        Piling Method Statement Contact Details (Thames Water)

INFORMATIVE: The applicant is advised to contact Thames Water Developer Services on 0800 009 3921 to discuss the details of the piling method statement.

9)        Minimum Water Pressure (Thames Water)

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.

 

10)     Water Main Crossing (Thames Water)

INFORMATIVE: There is a Thames Water main crossing the development site which may/will need to be diverted at the Developer's cost, or necessitate amendments to the proposed development design so that the aforementioned main can be retained. Unrestricted access must be available at all times for maintenance and repair. 

 

11)         Installation of Non-Return Value (Thames Water)

INFORMATIVE: The Applicant should incorporate within their proposal, protection to the property by installing for example, a non-return valve or other suitable device to avoid the risk of backflow at a later date, on the assumption that the sewerage network may surcharge to ground level during storm conditions.  

 

12)         Paid Garden Waste Collection Service (LBH Development Management)

INFORMATIVE:  Haringey now operates a paid garden waste collection service. The applicant is advised that any waste storage area should include space for a garden waste receptacle. For further information on the collection service please visit: www.haringey.gov.uk/environment-and-waste/refuse-and-recycling/recycling/garden-waste-collection

 

13)         Designing out Crime Officer Services (Metropolitan Police Service)

INFORMATIVE: The services of Metropolitan Police Service Designing Out Crime Officers (DOCOs) are available free of charge and can be contacted via docomailbox.ne@met.police.uk or 0208 217 3813.

 

SECTION 106 HEADS OF TERMS:

 

1)        Affordable Workspace – 23,000m² of affordable workspace across 25 creative workspace studios to be let at 75% of market rent, subject to a rent review mechanism, for a period of 50 years. 

 

·                Provision of an affordable workspace provider to manage and support occupiers.

·                Provision of an affordable workspace plan to include:

o      Delivery of commitments to the community in terms of training and/or employment opportunities and/or prioritising local residents and/or supporting community initiatives, providing upskilling opportunities and participating in studio open days

o      Management of the exhibition/pavilion space

o      Management of  the café/refreshment space.

o      Management of noise/exhausts/cooling and impacts on residential neighbours

o      Management of use of the yard space and resulting noise

o      Management of communal space and parking.

 

2)        Affordable Housing – 12 units of tethered rental accommodation (12% affordable housing by unit and habitable room - 8 x 1B1P and 4 x 2B3P) to be located on the first and second floors of the development. 

 

·                Residents to be Occupiers (and family members) of onsite commercial licence holder

·                London Plan income restriction for occupiers (£90,000 maximum household income)

·                75% of market rent subject to rent review. 

 

3)        Viability Review Mechanism should the proposal not be implemented within 18 months of the date of decision.

 

4)        Viability Review Mechanism at 75% leasehold sale completion.

 

5)        Public Space Access and Management Plan – for new public space created

 

·                Space to be open to the public at all times

·                Public space to be maintained by the applicant  

 

6)        Car Capping - No future occupiers will be entitled to apply for a residents or business parking permit under the terms of the relevant Traffic Management Order (TMO) controlling on-street parking in the vicinity of the development save for disabled residents.

 

7)        Parking Control Measures- £23,000 (twenty three thousand pounds) towards the consultation and implementation of parking control measure in the local area surrounding the site including amendments to relevant traffic management orders.

 

8)        Car Club - Establishment or operation of a car club scheme, which includes the provision of 2 car club bays and two cars with, two years’ free membership for all units and £50.00 (fifty pounds in credit) per year for the first 2 years.

 

9)        Residential Travel Plan (as part of the detailed travel plan) comprising:

 

a)        Appointment of a travel plan coordinator

b)        Provision of welcome induction packs containing public transport and cycling/walking information like available bus/rail/tube services, map and time-tables, to every new resident.

c)         Travel Information packs to be given to all residents and information available through a website.

d)        £3,000 (three thousand pounds) for monitoring of the travel plan initiatives.

 

10)     Commercial Travel Plan (as part of a detailed travel plan) comprising:

 

a)        Appointment of a travel plan co-coordinator

b)        Provision of welcome induction packs for staff containing public transport and cycling/walking information like available bus/rail/tube services, map and time-tables to all staff, travel pack to be approved by the Councils transportation planning team.

c)         £3,000 (three thousand pounds) for monitoring

d)        Review of cycle parking provision annually for the first two years as part of the travel plan and provide additional cycle parking facility if required.

 

11)     Energy Plan and a developer financial contribution of £382,305 addressing the unachieved carbon reduction targets. Subject to a review mechanism if the energy efficiency can be improved.  Further contribution in the event sustainability measures do not achieve carbon savings.

 

12)     Considerate Constructor- Development to be constructed in accordance with Considerate Constructor’s scheme.

 

13)     S278 Works – Applicant obligated to enter into a S278 agreement for relevant highway works on adopted highways.

 

14)     Affordable Housing Management Plan.