Agenda item

Proposal: Demolition of the existing building on site and the erection of a mixed-use building providing: 3 commercial units; 45 residential units (comprising of 14 affordable and 31 private tenure) and part basement plant room

 

Recommendation: GRANT

The Committee considered an application for the demolition of the existing building on site and the erection of a mixed-use building providing: 3 commercial units; 45 residential units (comprising of 14 affordable and 31 private tenure) and part basement plant room.

 

The Planning Officer gave a presentation highlighting the key aspects of the report.  It was noted that daylight and sunlight assessments had been prepared by a consultant in accordance with Council policy and BRE guidance.  The impact on neighbours was generally favourable in terms of daylight and sunlight.  There would be a small impact on four properties on Ashby Road, by less than 20%, which BRE guidance advised would be unnoticeable.

 

Mr Matthew Foncette addressed the Committee in objection to the application.  He raised issues in relation to overshadowing neighbouring properties due to the height, and the reduction of daylight to properties.  There had been 20 responses to the application, 19 in objection and 1 requesting further information.  Residents were not against the principle of development, but felt that the proposed building should be reduced in order to address their concerns. 

 

In response to a question from the Committee, Mr Foncette explained that consultation had not been as good as it could have been.  There had been four letters on signposts, and the timing for the Development Management Forum was not suitable for all residents to attend.  The process did not allow residents to formulate and express views on applications.  Mr Foncette added that the judicial review was important in that the applicant had submitted a judicial review on a consented development which was relied upon to reduce carbon in the area.  Residents would support the development if it was lower in massing and scale.

 

Officers responded to questions from the Committee:

-           Vertical Sky Component was the measure of the amount of sky visible from a centre point of a window, and BRE guidance advised that a window that achieved 27% or more was considered to provide good levels of light.  None of the rooms in the neighbouring development would fall below 20%, and of the four properties closest to the development, only two or three of the five windows would lose a small amount of light. 

-           The detailed design stage would take all DDA requirements into consideration.

-           It was difficult to achieve zero carbon on smaller sites, however the Council was committed to working towards a model moved towards this.  The carbon fund would be used to offset carbon on sites, for example by fitting solar panels on to council buildings.  The Environmental Health officer raised no objection to the air quality assessment undertaken by the applicant.

-           A judicial review had been submitted by the applicants to challenge the permission granted for Bernard Works.  This was a separate site to the application site, and officers considered that the application was acceptable as a standalone scheme.  The judicial review carried little weight and should not be factored into the consideration of the application.  It would only be relevant if the application was reliant on the Bernard Works scheme.

-           The emerging GLA child yield calculator had been used to calculate the communal play space, and this was considered to be a reasonable provision of playspace on a difficult site.  The old GLA calculator predicted that 11 children would live on the site, and the emerging calculator predicted 15 children.  The provision of 200sqm was suitable for 19-20 children.

-           Two spaces had been requested for the car club due to the large number of family units, and there was a s106 requirement to provide membership and car club credit to residents.

-           There would be no change to the road layout of Ashby Road – it would remain a no-through road.

-           The development had a proposed 342sqm of employment space, which fit with the minimum levels of employment space required.

 

Members requested an informative on the user of larger species of trees when planting in and around the development.

 

Members requested a condition to limit the amount of satellite dishes.

 

The applicant and architect responded to questions from the Committee:

-           The disabled bays were of the required standard set by the London Plan and the traffic team, and the building was set back further from the pavement edge than the existing building so additional space would be available for parking bays.

-           The northern and eastern side would be a combination of railing / walls and soft green planting.  There would be a ‘green zone’ path at the rear of the building to create a route from one side to the other.

 

The Chair moved that the application be approved, with the additional condition relating to satellite dishes, and an informative relating to tree planting, and following a unanimous vote 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 14 September 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.

 

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:

 

·         P0005 Existing Site Location Plan; P0006 Existing Site Location Plan.

 

·         0010 Series - P0010 Existing Survey Plan; P0011 Demolition Plan; P0070 Existing North Elevation; P0071 Existing East Elevation; P0072 Existing South Elevation; P0073 Existing West Elevation; P0080 Existing North Elevation with demolition; P0081 Existing East Elevation with demolition; P0082 Existing South Elevation with demolition; P0083 Existing West Elevation with demolition.

 

·         0100 Series - P0105 Proposed Site Plan A; P0106 Proposed Site Plan with Consented Scheme A; P0109 Proposed Basement Floor Plan A; P0110 Proposed Ground Floor Plan with Extg Context C; P0110.1 Proposed Ground Floor Plan with Consented Scheme B; P0111 Proposed First Floor Plan E; P0111.1 Proposed First Floor Plan with Consented Scheme C; P0112 Proposed Second Floor Plan E; P0112.1 Proposed Second Floor Plan with Consented Scheme C; P0113 Proposed Third Floor Plan E; P0113.1 Proposed Third Floor Plan with Consented Scheme C; P0114 Proposed Fourth Floor Plan E; P0114.1 Proposed Fourth Floor Plan with Consented Scheme C; P0115 Proposed Fifth Floor Plan E; P0115.1 Proposed Fifth Floor Plan with Consented Scheme C; P0116 Proposed Sixth Floor Plan; P0116.1 Proposed Sixth Floor Plan with Consented Scheme; P0117 Proposed Roof Plan; P0140 Proposed Section AA A; P0170 Proposed North Elevation B; P0171 Proposed East Elevation B; P0172 Proposed South Elevation 1 B; P0173 Proposed West Elevation B; P0174 Proposed South Elevation 2 B; P0180 Proposed North Elevation B; P0180_COLOUR Proposed North Elevation B; P0181 Proposed South Elevation B; P0181_COLOUR Proposed South Elevation B; P0182 Proposed East Elevation B; P0182_COLOUR Proposed East Elevation B.

 

·         0200 Series - P0270 Proposed North Elevation Bay Study A; P0271 Proposed South Elevation Bay Study A.

 

·         SK Series - SK001 Sketch view 1 A; SK002 Sketch view 2 Rev A; SK003 Sketch view 3 A; SK004 Sketch view 4 A; SK005 Sketch view 5 A; SK006 Sketch view 6 A; SK007 Sketch view 7 A; SK008 Sketch view 8 A.

 

·         Plan Extract Level 4 – 18052 sK440; Plan Extract Level 3 – 18052 sK443; View line for lift overrun – 18052 sK441.

 

Approved Documents:

 

Design and Access Statement – MSMR Architects, August 2019;

Sustainability and Energy Statement - Stinton Jones Consulting Engineers llP, August 2019;

Analysis of Site Layout for Daylight and Sunlight, Third Revision, Stinton Jones Consulting Engineers llP, 16th August 2019;

Air Quality Assessment - XCO2, April 2019;

Overheating Report - Stinton Jones Consulting Engineers llP, July 2019;

Preliminary Investigation Report – Soils Limited, March 2019;

Transport Statement – i-Transport, 8 March 2019;

Travel Plan Statement, Technical Note – i-Transport, 8 March 2019;

Draft Waste and Servicing Plan, Technical Note – i-Transport. 8 March 2019;

Flood Risk Assessment – Michael Barclay Partnership, 20 February 2019;

Planning Noise Report - Stinton Jones Consulting Engineers llP, June 2019;

SuDS and Drainage Strategy Report - Michael Barclay Partnership, 14 June 2019.

 

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 above grade works development 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 window frames and balcony frames, terrace screens; brick type - colour, texture, bond, and pointing; roofing material; photo-voltaic panels and internal/external shutters 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 above grade 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 – Boundary Treatment (LBH Development Management)

 

Prior to the residential occupation of the development, details of all boundary treatment, including fences/railings/walls 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 amenity of the locality and the environment

 

7.         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.

 

8.      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.

 

9.         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.

 

10.      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.

 

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

 

Prior to any residential, commercial or community use of the site, a fullService 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 tothe flow of traffic.

 

12.      COMPLIANCE - Wheelchair Dwellings (LBH Development Management)

 

At least 10% of all dwellings hereby approved shall be wheelchair accessibleor 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

 

13.      COMPLIANCE - Accessible & Adaptable Dwellings (LBH DevelopmentManagement)

 

All residential units within the proposed development shall be designed to PartM4 (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

 

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

 

The internal noise levels within the proposed residential units (with thewindows 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	30db(A)
Night-time Noise 11pm - 7am	Bedrooms	30dB(A)

 

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

 

REASON: To ensure high quality residential development

 

15.      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 (LAeq 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 theamenity of the locality.

 

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

 

Prior to above grade works, 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 and shall be maintained thereafter.

 

REASON: to protect the amenity of the locality

 

17.      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 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.

 

18.      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 Practise; 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.

 

19.      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.

 

20.      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

 

21.      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.

 

22.      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.

 

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

 

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.

 

24.      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.

 

25.      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 Sustainability and Energy Statement - Stinton Jones Consulting Engineers llP, August 2019 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

 

26.      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.

 

27.      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.

 

28.      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.

 

29.      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.

 

30.      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.

 

31.      COMPLIANCE – Machinery Emissions (LBH Environmental Health)

 

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

 

REASON: To protect local air quality.

 

32.      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.

 

33.      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.

 

34.      Design Detailing

 

Prior to the commencement of above grade works precise details including plans of the profile, reveals and depths of windows, entrances and balconies in connection with the development hereby permitted shall be submitted to, approved in writing by the Local Planning Authority. 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.

 

35.      COMPLIANCE - Commercial Uses

 

The commercial units within the ground floor of the proposed development shall be used only for purposes falling within Use Classes B1 a, b and c (Business) of the Town and Country Planning (Use Classes) Order 1987 (as amended), unless otherwise agreed in writing in advance by the Local Planning Authority. Changes to the proposed uses shall only be permissible if supported by appropriate marketing or other appropriate evidence to demonstrate the uses indicated above are not viable.

 

REASON: In order to protect the character and appearance of the area and to protect the amenity of local residents in accordance with Policies DM1 and DM41 of the Development Management Development Plan Document 2017.

 

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-andrecycling/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

 

14.      Public sewers (Thames Water)

INFORMATIVE: There are public sewers crossing or close to your 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.

 

15.      Surface water (Thames Water)

INFORMATIVE: 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.

 

16.      Minimum pressure and flow rate (Thames Water)

INFORMATIVE: Thames Water will aim to provide customers with a minimum pressure of 10m head (approximately 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.

 

17.      Water main crossing the site (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. Please contact Thames Water Developer Services, Contact Centre on 0800 009 3921 for further information.

 

18.      Large water main adjacent the site (Thames Water)

INFORMATIVE: There are large water mains adjacent to the proposed development. Thames Water will not allow any building within 5 metres of them and will require 24-hour access for maintenance purposes. Please contact Thames Water Developer Services, Contact Centre on 0800 009 3921 for further information.

 

19.      Sprinkler installation (London Fire Brigade)

INFORMATIVE: This authority strongly recommends that sprinklers are considered for new development and major alterations to existing premises particularly where the proposals relate to schools and care homes. Sprinklers systems installed in buildings can significantly reduce the damage caused by fire and the consequential costs to businesses and housing providers, and can reduce the risk to like. The Brigade opinion is that there are opportunities for developers and building owners to install sprinklers systems in order to save money save property and protect the lives of the occupier. Please note that it is our policy to regularly advise our elected members about this issue.

 

20.      Asbestos survey (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.

 

21.      Naming of new development (LBH Transportation)

INFORMATIVE: The new development will require naming. The applicant should contact the Local Land Charges at least six weeks before the development is occupied (020 8489 5573) to arrange for the allocation of a suitable address.

 

SECTION 106 HEADS OF TERMS:

 

1)               Affordable Housing –

·                37.1% affordable by habitable room

·                36% Social rent (with no sale) and 64% intermediate rent (Discount Market Rent at London Living Rent levels with no option to buy)

·                Occupier no option to buy Affordable / Intermediate rented

·                LBH first option to purchase social rented affordable purchase

 

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

 

3)        Car Capping

 

a)        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. 

b)        £4000 (four thousand pounds) towards the amendment of the Traffic Management Order for this purpose.

 

4)        Parking Control Measures -£15,000 towards the consultation and implementation of parking control measure in the local area surrounding the site including amendments to relevant traffic management orders.

 

5)        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.

 

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

 

a)  Residential and commercial elements;

b)  Appointment of a travel plan co-ordinator;

c)   Provision of welcome induction packs containing public transport and cycling/walking information like available bus/rail/tube services, map and timetables, to every new resident and commercial occupier;

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

e)  £3000 (three thousand pounds) for monitoring of the travel plan initiatives. 

 

7)        Energy Plan and a developer financial contribution of £97,732 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 achievecarbon savings. 

 

8)        Employment Initiatives – Local Training and Employment Plan

 

·                Provision of a named Employment Initiatives Co-Ordinator

·                Notify the Council of any on-site vacancies

·                20% of the on-site workforce to be Haringey residents

·                5% of the on-site workforce to be Haringey resident trainees

·                Provide apprenticeships at one per £3m development cost (max. 10% of total staff)

·                Support fee of £1,500 per apprenticeship for recruitment

 

9)        Monitoring Contribution

 

·                5% of total value of contributions

·                £500 per non-financial contribution

·                Total monitoring contribution to not exceed £50,000

 

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

 

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

 

12)     Skills contribution to support local people who have been out of work - £10,715;

 

13)     Retention of architect;

 

14)     Construction Plan;

 

15)     Submission of Construction Plan;

 

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) 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. 

 

ii.   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.

 

iii.  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. 

 

iv.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. 

 

v.   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:

 

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

 

-       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

 

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

 

*Clerks note: the wording for any additional conditions and informatives approved by the Committee will be formulated by the Planning Service and included on the decision notice.