Agenda item

Proposal: Three-storey, mixed-use development comprising a ground floor commercial unit with a 2-bed/ 3-person self-contained residential unit on the two floors above.

 

Recommendation: GRANT

The Committee considered an application for the approval of a three-storey, mixed-use development comprising a ground floor commercial unit with a 2-bed/3-person self-contained residential unit on the two floors above.

 

The Planning Officer gave a presentation highlighting the key aspects of the report.  In response to questions from the Committee the officer confirmed that there would be no off-street parking for the development; the site was located within a CPZ; and loss of privacy to neighbouring residents had not been raised as a concern.

 

Michael Solomon Williams addressed the Committee in objection to the application.  He stated that the proposal contradicted all National Planning Performance Framework policies, and that the planning system existed to protect the public, not private interests.  He referred to the 232 objections made by local residents, and requested that the Committee take these into account.

 

Councillor Nick da Costa addressed the Committee in objection to the application.  There were a large number of objections to the application, which did not address the concerns of residents raised in the previous three applications.  Whilst he accepted the need for high quality housing in the borough, Councillor da Costa considered that the application did not address the concerns raised by the Inspector in 2014, and that it did not fit with local and London development plans.  There was limited information in the report in relation to the nature of materials to be used, and there would be an impact on the privacy of neighbouring properties.

 

Jerry Bell, spoke on behalf of the Applicant.  The application had been developed with consideration of the previous applications and appeal statements, and had been carefully designed to respect the neighbouring properties.  He requested that the Committee consider the application on its planning merits.

 

Officers responded to questions from the Committee:

-           There would be no physical change to the commercial unit next to the development, however there would be a loss of the use of the yard space to the edge and at the rear.  This was a business arrangement between the business owner and landowner and was not a material planning consideration.

-           Sprinklers were dealt with under building regulations and so could not be conditioned as part of the planning permission.

 

The Chair moved that the application be granted and following a vote with seven in favour, one against and one abstention it was

 

RESOLVED

 

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

 

ii.         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 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.

 

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 development hereby authorised shall be carried out in accordance with the following approved plans and specifications: Planning Statement by CQ Planning and Property Services October 2018, Design & Access Statement by Former Studio October 2018, PA-001, PA-002 Rev. A, PA-003 Rev. B, PA-004, PA-005 Rev. A, PA-102 Rev. B, PA-103 Rev. C, PA-104 rev. B, PA-105 Rev. C, PA-106 Rev. B, PA-107 Rev. C, PA-108 Rev. A, PA-109, PA-110.

 

Reason: In order to avoid doubt and in the interests of good planning.

 

3.         Notwithstanding the description of the materials in the application, no development shall be commenced until precise details of the external materials to be used in connection with the development hereby permitted have been submitted to, approved in writing by and implemented in accordance with the requirements of the Local Planning Authority.

 

Reason: In order to ensure a satisfactory appearance for the proposed development, to safeguard the visual amenity of neighbouring properties and the appearance of the locality consistent with Policy 7.6 of the London Plan 2016, Policy SP11 of the Haringey Local Plan 2017 and Policy DM1 of The Development Management DPD 2017

 

4.         Notwithstanding the approved drawings fully annotated and dimensioned elevation and section drawing(s) of the proposed front elevation to Crescent Road, at a scale of 1:20, illustrating the detailed design of all architectural features (design details of the shopfront/ fascia, any roller shutter, pilasters and corbel detail, upper floors timber windows, lintel and brick dressing, cornice, parapet and coping detail) shall be submitted to and approved in writing by the Planning Authority prior to the commencement of work.

 

Reason: To ensure that the development is of a highest quality standard to respect the character of Crescent Road consistent with Policy 7.6 of the London Plan 2016, Policy SP11 of the Haringey Local Plan 2017 and Policy DM1 of The Development Management DPD 2017

 

5.         No development shall take place until details of the type and location of secure and covered cycle parking facilities have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the cycle parking spaces have been installed in accordance with the approved details.  Such spaces shall be retained thereafter for this use only.

 

Reason:  To promote sustainable modes of transport in accordance with Policies 6.1 and 6.9 of the London Plan 2016 and Policy SP7 of the Haringey Local Plan 2017.

 

6.         No development shall take place until details of a Construction Management Plan is submitted to and approved in writing by the Local Planning Authority. The plans shall include details/ measures to address the following:

 

a.               a programme of works with specific information on the timing of deliveries to the site to minimise disruption to traffic and pedestrians on Crescent Road;

b.               storage of plant and materials used in constructing the development;

c.                wheel washing facilities;

d.               pedestrian and cyclist protection measures;

 

Thereafter, the approved construction plan shall be fully implemented and adhered to during the construction phase of the development.

 

Reasons: To ensure there are no adverse impacts on the free flow of traffic on local roads and to safeguard the amenities of the area consistent with Policies 6.3, 6.11 and 7.15 of the London Plan 2011, Policies SP0 of the Haringey Local Plan 2017 and with Policy DM1 of The Development Management DPD 2017.

 

7.         The proposed development shall have only one central dish/aerial system for receiving all broadcasts for residential units created.

 

Reason: In order to ensure a satisfactory appearance for the proposed development, to safeguard the visual amenity of neighbouring properties and the appearance of the locality consistent with Policy 7.6 of the London Plan 2016, Policy SP11 of the Haringey Local Plan 2013 and Policy DM1 of The Development Management DPD 2017.

 

8.         The retail floorspace hereby permitted shall solely be used for Class A1 or Class A2 purposes within the Schedule to the Town and Country Planning Use Classes Order 1987 (as amended), or in any provision equivalent to that class in any statutory instrument revoking and re-enacting that Order with or without modification, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure the retail floorspace associated with this development does not adversely affect the residential amenities of residents occupying the building or neighbouring residents.

 

9.         Prior to the first occupation of the development hereby the developer shall have entered into an agreement with the local highway authority under Section 278 of the Highways Act 1980 to remove the necessary section of redundant crossover across the footway into the site and to reinstate the public footpath at this location. The necessary Traffic Management Order (TMO) shall also be amended so that the existing on-street controlled parking bay on Crescent Road is extended to cover the area fronting the redundant crossover to the front of the application site.

 

Reason: In order to ensure that the proposed development does not prejudice the free flow of vehicular and pedestrian traffic or the conditions of general safety of the highway and consistent with Policy 6.13 of the London Plan 2016.

 

          INFORMATIVES

 

INFORMATIVE :  CIL

Based on the information given on the plans, the Mayoral CIL charge will be £6,173.685 (139sqm x £35 x 1.269) and the Haringey CIL charge will be £24,507.2 (85sqm 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.

 

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

 

iv.     In the event that the Planning Application is refused for the reasons set out in resolution (iii) above, the Head of Development Management (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.