Agenda item

Proposal: Redevelopment of site including demolition of existing buildings to provide a part 7, part 24 storey building of purpose-built student accommodation [PBSA] (Sui Generis); with part commercial uses [retail] (Use Class E(a)) at ground and first floor; and associated access, landscaping works, cycle parking, and wind mitigation measures. - RE-CONSULTATION on design updates to accommodate an additional stair and lift for evacuation in the event of a fire.

 

Recommendation: GRANT

The Committee considered an application for the Redevelopment of site including demolition of existing buildings to provide a part 7, part 24 storey building of purpose-built student accommodation [PBSA] (Sui Generis); with part commercial uses [retail] (Use Class E(a)) at ground and first floor; and associated access, landscaping works, cycle parking, and wind mitigation measures. - RE-CONSULTATION on design updates to accommodate an additional stair and lift for evacuation in the event of a fire.

 

Philip Elliott, Planning Officer, introduced the report and responded to questions from the Committee:

·         It was highlighted that the addendum included updates on procedural matters, plan changes, additional consultee responses, and updates and corrections to the report.

·         The Planning Officer noted that the Committee had made a resolution to grant planning permission for a similar development on the site on 5 September 2022. It was explained that, after this resolution, the Health and Safety Executive (HSE) had updated their response from ‘some concerns’ to ‘significant concerns’ on 23 September 2022. The government had also launched a consultation in relation to Building Regulations in December 2022 which proposed a requirement for second staircases for buildings over 30 metres tall. It was noted that the Greater London Authority (GLA) now required all planning applications with buildings over 30 metres to be designed with two staircases before GLA Stage 2 referrals. It was highlighted that the applicant had amended the scheme to provide a second staircase and evacuation lift and this was now presented to the Committee for consideration.

·         The Planning Officer commented that Sage Housing had circulated an additional, late letter to members on 24 April 2023; this raised similar points to those noted previously and officers considered that the issues were addressed in the report. Except for the comments received from Sage Housing and the issues relating to means of escape, it was noted that there had been no other, material changes since the Committee’s resolution in September 2022.

·         Some members noted that concerns had been expressed previously about whether two loading bays would be sufficient to accommodate students moving in or out of the building at the same time; it was asked whether the arrangements were still considered to be adequate. The Planning Officer confirmed that this had been discussed at the meeting in September 2022 and that the Committee had agreed to include a condition requiring the applicant to provide details relating to how the moving arrangements would be managed. The Assistant Director of Planning, Building Standards, and Sustainability noted that the applicant had explained that these arrangements were common in student accommodation blocks and it was commented that the loading arrangements for this site were not unique in London or the country.

·         Some members noted that there were different classes of lifts, including passenger, evacuation, and firefighter lifts. It was understood that firefighter lifts were the best lifts for fire safety and it was enquired whether firefighter lifts could be installed throughout the building. The Planning Officer noted that the London Plan required an evacuation lift to be separate and so, to comply with policy, this could not be a firefighting lift.

·         It was clarified that, although the proposed occupancy had decreased as a result of the fire safety amendments, the payment in lieu for affordable housing would remain the same. It was explained that this higher payment in lieu for affordable housing would exceed 40% which would avoid the need for a late stage viability review.

·         In relation to a query about the new fire safety requirements, the Planning Officer explained that the revised proposal included an additional staircase and an evacuation lift. It was noted that, overall, there would be two staircases in the main tower and a third staircase in the seven storey section of the building. It was highlighted that the revised proposal would meet the amended requirements for means of escape.

·         It was enquired whether the concerns raised by HSE were now considered to be resolved or whether there were any outstanding issues that should be raised for the Committee’s attention. The Planning Officer noted that this was quite a rare situation where there had been a shift in national policy and that HSE acknowledged that they had changed their opinion. It was explained that the applicant had worked with HSE to address the concerns; this had resulted in the inclusion of a second staircase and HSE had confirmed that they were now content with the proposals. The Head of Development Management commented that a change in opinion from HSE had not been expected. It was highlighted that this would not be expected again unless there was a change in the national or GLA guidance. It was clarified that HSE had considered the revised application and now had no objection to the proposals. The Planning Officer noted that a summary of the HSE comments was included in the report but that the full consultation response was available on the website.

·         Some members enquired whether the Committee would need to formally revoke the previous resolution from 5 September 2022. The Head of Development Management noted that the addendum included an amendment to the recommendation, as set out in paragraph 2.8, which stated that the resolution from 5 September 2022 should be revoked for the sake of good order and to make it clear that only the amended scheme could be granted or refused planning permission.

 

It was noted that the recommendation was to grant planning permission as set out in the report and the addendum.

 

Following a vote with 10 votes in favour, 0 votes against, and 0 abstentions, it was

 

RESOLVED

 

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

 

2.    That delegated authority be granted to the Head of Development Management or the Assistant Director of Planning, Building Standards & Sustainability 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.

 

3.    That the section 106 legal agreement referred to in resolution (1) above is to be completed no later than 30/06/2023 or within such extended time as the Head of Development Management or the Assistant Director Planning, Building Standards & Sustainability shall in their sole discretion allow; and

 

4.    That, following completion of the agreement referred to in resolution (1) within the time period provided for in resolution (3) above, planning permission be granted in accordance with the Planning Application subject to the attachment of conditions.

 

Conditions (the full text of recommended conditions is contained in Appendix 2 of this report)

 

*The following list has been updated from the list that was included in the Officer Report for the 5th September 2022 Sub-Committee meeting. This list includes Condition 45 (Urban Greening Factor) added by Members at that meeting as well as updates and corrections to several conditions. Conditions 4, 9 and 14 are affected by proposed changes which this report will describe and assess.  

 

1)    3-year time limit

2)    Approved Plans & Documents

3)    Basement impact mitigation measures

4)    Accessible Accommodation

5)    Commercial Units - Retail Opening Hours

6)    BREEAM (PRE-COMMENCEMENT)

7)    Commercial Units – Noise Attenuation

8)    Noise Attenuation – Student Accommodation

9)    Fire Statement

10) Landscape Details

11) Biodiversity

12) External Materials and Details

13) Living roofs

14) Energy Strategy

15) Overheating (Student accommodation)

16) Overheating (Commercial areas)

17) Energy Monitoring

18) Circular Economy

19) Whole Life Carbon

20) Low-carbon heating solution details

21) PV Arrays

22) Secured by Design

23) Stage I Written Scheme of Investigation of Archaeology

24) Stage II Written Scheme of Investigation of Archaeology

25) Foundation Design – Archaeology (PRE-COMMENCEMENT)

26) Land Contamination – Part 1

27) Land Contamination – Part 2

28) Unexpected Contamination

29) Cycle & Mobility Scooter Parking Details (PRE-COMMENCEMENT in part)

30) Delivery and Servicing Plan

31) Student Accommodation Waste Management Plan

32) Detailed Construction Logistics Plan (PRE-COMMENCEMENT)

33) Public Highway Condition (PRE-COMMENCEMENT)

34) Demolition/Construction Environmental Management Plans (PRE-COMMENCEMENT)

35) Management and Control of Dust (PRE-COMMENCEMENT)

36) Impact Piling Method Statement (PRE-PILING WORKS)

37) Business and Community Liaison Construction Group (PRE- COMMENCEMENT)

38) Telecommunications

39) Wind Mitigation

40) Foundation Design

41) Noise from building services plant and vents

42) Anti-vibration mounts for building services plant / extraction equipment

43) Evidence of operational public hydrants/suitable alternatives

44) Student Management Plan

45) Urban Greening Factor of 0.4 to be achieved on site/off site

 

Informatives

 

1)    Working with the applicant

2)    Community Infrastructure Levy

3)    Hours of Construction Work

4)    Party Wall Act

5)    Numbering New Development

6)    Asbestos Survey prior to demolition

7)    Dust

8)    Written Scheme of Investigation – Suitably Qualified Person

9)    Deemed Approval Precluded

10) Composition of Written Scheme of Investigation

11) Geoarchaeological Assessment and Coring

12) Evaluation

13) Disposal of Commercial Waste

14) Piling Method Statement Contact Details

15) Minimum Water Pressure

16) Paid Garden Waste Collection Service

17) Sprinkler Installation

18) Designing out Crime Officer Services

19) Land Ownership

20) Site Preparation Works

21) s106 Agreement and s278 Agreement

22) Revised Fire Statement required with any revised submission

23) Building Control

24) Building Regulations – Soundproofing

25) Cadent Gas

 

Section 106 Heads of Terms (HoTs):

 

*The following list has been updated from the list that was included in the Officer Report for the 5th September 2022 Sub-Committee meeting. This list includes changes Members requested at that meeting, namely the following:

 

·         A restriction on who can use the accommodation outside of the academic year to reflect para. 4.15.13 of the London Plan (See HoT 3);

·         The applicant will be required to use reasonable endeavours to secure a nominations agreement for part of the student accommodation on the first letting should one for all of the accommodation not be achievable (See HoT 4); and

·         The applicant shall be required to commit to being part of the borough’s Construction Programme for both construction and occupation (See HoT 5).

 

1)            Payment in lieu of on-site affordable housing

A payment of £6,525,654.00 to be paid to the Council for the provision of Affordable Housing in Haringey (This reflects the equivalent cost to the applicant of providing in excess of 40% (c.41.76%) on-site affordable student accommodation on the 431-room scheme);

 

2)            Viability Review Mechanism

a.    Early-Stage Review if not implemented within 2 years; and

b.    Development Break review – review if construction is suspended for 2 years or more.

 

3)            Accommodation secured for the use of students only during the academic year.

Outside of the academic year the building shall only provide accommodation for conference delegates, visitors, interns on university placements, and students on short-term education courses or any similar use at any institution approved in advance in writing by the local planning authority, acting reasonably. The temporary use shall not disrupt the accommodation of the resident students during their academic year. Any ancillary use described above shall only be for a temporary period each year and shall not result in a material change of use of the building.

 

4)            Nominations agreement – reasonable endeavours

The applicant will be obliged to use reasonable endeavours to secure a nominations agreement prior to the first letting with a higher education institution and/or student housing provider for all of the proposed units of student accommodation and if this cannot be achieved, part of the student accommodation, but without restriction on the open market rents and tenancy terms.

 

5)            Employment & Skills Plan

Including Construction Apprenticeships Support Contribution and Skills Contribution (to be calculated in accordance with Planning Obligations SPD). And a commitment to being part of the borough’s Construction Programme for construction and occupation.

 

6)            Travel Plan (pre-occupation and operational, as well as monitoring reports) and monitoring fee (£5,000 contribution)

The plan relates to the student accommodation element and must include:

·         Appointment of a Travel Plan Coordinator (to also be responsible for monitoring Delivery Servicing Plan)

·         Provision of welcome induction packs containing public transport and cycling/walking information, map, and timetables, to every new occupant.

·         Details of cyclist facilities (lockers, changing rooms, showers, & drying rooms);

·         a mechanism whereby the proposed mobility scooter charging spaces can be converted into spaces for larger cycles as and when required, based on regular monitoring of usage tied in with the travel surveys and surveys of cycle parking uptake; and

·         the emergency cycle access arrangements via the passenger lifts should the large/cycle lift break down.

 

7)            Car capping (£5,000 contribution)

No future occupiers will be entitled to apply for a residents or business parking permit under the terms of the relevant Traffic Management Order controlling on-street parking in the vicinity of the development. £5,000 for revising the associated Traffic Management Order.

 

8)            Construction Logistics/Monitoring contribution

A payment of £20,000 to be paid to the Council.

 

9)            Considerate Constructors Scheme

A commitment to sign up to the scheme for the entirety of construction works.

 

10)         High-speed broadband connectivity

All rooms of accommodation must have access to high-quality digital connectivity for new residents through high-speed broadband connections.

 

11)         Carbon Management & Sustainability - Future connection to District Energy Network (DEN) or alternative low carbon solution

·         Prioritise connection to the DEN with an interim heating solution if phasing allows.

·         Submit justification and details of the backup ASHP heating solution if not connecting to the DEN.

·         Re-calculation of the carbon offset contributions prior to commencement (which is one of the requirements of the Energy Plan).

·         A covenant to comply with the Council’s standard DEN specification for the building DEN and for any components of the area wide DEN installed on site.

·         Connection charge to be reasonable and based on avoided costs of delivering an ASHP system, details of the avoided ASHP system costs should be agreed at an earlier stage.

·         Submission of Energy Plan for approval by LPA to include details of

·         Sustainability Review

 

12)         Carbon offsetting

Payment of a carbon offset contribution payable before completion (calculated as the DEN or low-carbon backup scenario)

 

13)         Monitoring costs

Based on 5% of the financial contribution total (albeit with the payment in lieu of on-site affordable housing, as well as the carbon offsetting payment removed from this total), and £500 per non-financial contribution.

 

Section 278 Highways Legal Agreement Heads of Terms

 

14)         Highways/Public realm contribution

A payment of £188,769.00 to be paid to the Council for resurfacing, street furniture, and landscaping works immediately adjacent to the site and associated project management fees.The highway works include a contribution towards the landscaping of the semi-circle of land to the front of the site (or in the surrounding area in accordance with Condition 45).

 

15)         Disabled users’ parking space along Hale Road

A payment of £77,000.00 to be paid to the Council to cover a feasibility study, design and project management fees, Traffic Management Order (TMO) and Road Safety Audit (RSA) costs (totalling £25,000.00), and a further £52,000.00 for construction works and delivery. It is noted that the construction and delivery cost would be refunded in the unexpected event that the works were found to be unfeasible.

 

5.    That, in the absence of the agreement referred to in resolution (1) above being completed within the time period provided for in resolution (3) above, the planning permission be refused for the following reasons:

 

1.    In the absence of a legal agreement securing 1) the provision of off-site affordable housing and 2) viability review mechanisms the proposals would fail to foster a mixed and balanced neighbourhood where people choose to live, and which meet the housing aspirations of Haringey’s residents. As such, the proposals would be contrary to London Plan Policies GG1, H4, H5 and H6, Strategic Policy SP2, and DM DPD Policies DM11 and DM13, and Policy TH12.

 

2.    In the absence of a legal agreement securing financial contributions towards infrastructure provision (Public Realm, Disabled Space, & other Transport Contributions), the scheme would fail to make a proportionate contribution towards the costs of providing the infrastructure needed to support the comprehensive development of Site Allocation TH4. As such, the proposals are contrary to London Plan Policy S1, Strategic Policies SP16 and SP17, Tottenham Area Action Plan Policies AAP1, AAP11 and TH4 and DM DPD Policy DM48.

 

3.    In the absence of legal agreement securing 1) a student accommodation Travel Plan and financial contributions toward travel plan monitoring, 2) Traffic Management Order (TMO) amendments to change car parking control measures the proposals 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 T5, T1, T2, T3, T4 and T6. Spatial Policy SP7, Tottenham Area Action Plan Policy TH4 and DM DPD Policy DM31.

 

4.    In the absence of an Employment and Skills Plan the proposals would fail to ensure that Haringey residents’ benefit from growth and regeneration. As such, the proposal would be contrary to London Plan Policy E11 and DM DPD Policy DM40.

 

5.    In the absence of a legal agreement securing the implementation of an energy strategy, including the prioritisation of a connection to a DEN or a fall-back alternative low-carbon heating solution, and carbon offset payments - the proposals would fail to mitigate the impacts of climate change. As such, the proposal would be unsustainable and contrary to London Plan Policy SI 2 and Strategic Policy SP4, and DM DPD Policies DM 21, DM22 and SA48.

 

6.    In the absence of a legal agreement securing the developer’s participation in the Considerate Constructor Scheme and the borough’s Construction Partnership, the proposals 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 D14, Policy SP11 and Policy DM1.

 

7.    In the absence of a legal agreement securing the developer’s agreement to usingreasonable endeavours to secure a nominations agreement with a higher education institution for all or part of the proposed units of student accommodation, the proposals would fail to meet the requirements of London Plan Policy H15 and Policy DM15.

 

6.    In the event that the Planning Application is refused for the reasons set out in resolution (5) above, the Head of Development Management (in consultation with the Chair of Planning sub-committee) is hereby authorised to refuse 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 agreements contemplated in resolution (1) above to secure the obligations specified therein.

 

7.    That the resolution dated 05 September 2022 shall be revoked for the sake of good order, to make it clear that only the amended scheme can be granted/refused planning permission.