Proposal: Construction of two new buildings to provide new warehouse living accommodation (Sui Generis (warehouse living)), ground floor café/ workspace (Use Class E) and associated waste collection and cycle parking. Erection of 10 stacked shipping containers (two storeys) to provide workspace/ artist studios (Use Class E), toilet facilities and associated waste collection and cycle parking. Landscape and public realm enhancements including the widening of and works to an existing alleyway that connects Seven Sisters and Tewkesbury Road, works to Tewkesbury Road, the creation of rain gardens, greening, seating, signage and artworks and all other associated infrastructure works, including the removal of an existing and the provision of a new substation to service the new development.
Minutes:
Phillip Elliot, Principal Planning Officer introduced the item.This report was for the construction of two new buildings to provide new warehouse living accommodation (Sui Generis (warehouse living)), ground floor café/ workspace (Use Class E) and associated waste collection and cycle parking. Erection of 10 stacked shipping containers (two storeys) to provide workspace/ artist studios (Use Class E), toilet facilities and associated waste collection and cycle parking. Landscape and public realm enhancements including the widening of and works to an existing alleyway that connects Seven Sisters and Tewkesbury Road, works to Tewkesbury Road, the creation of rain gardens, greening, seating, signage and artworks and all other associated infrastructure works, including the removal of an existing and the provision of a new substation to service the new development.
The following was noted in response to questions from the committee:
The following was noted in response to questions from the applicant:
The Chair asked Robbie McNaugher, Head of Development Management and Enforcement
Planning to sum up the recommendations as set out in the report.The only change recommended was to condition four which controlled the extraction equipment; this was to broaden that to include all of the commercial spaces. The Chair moved that the recommendation be granted following a vote with 7 for, 0 against and 0 abstentions.
RESOLVED
1. That the Committee authorise the Head of Development Management or the Assistant Director of Planning, Building Standards & Sustainability to GRANT planning permission subject to the conditions and informatives set out below and the completion of an agreement satisfactory to the Head of Development Management or the Assistant Director of Planning, Building Standards & Sustainability securing 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 Planning Sub-Committee.
3. That the section 106 legal agreement referred to in resolution (2.1) above is to be completed no later than 28/06/2024 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 (2.1) within the time period provided for in resolution (2.3) 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 1
of this report)
1) 3-year time limit
2) Approved Plans & Documents
3) Accessible Accommodation
4) Commercial Units - Ventilation/Extraction
5) Commercial Units - Café/restaurant Opening Hours
6) BREEAM Certificate
7) Below ground works impact mitigation measures
8) Commercial Units – Noise Attenuation
9) Noise Attenuation – Warehouse Living Accommodation
10)Fire Statement
11)Landscape Details
12)Biodiversity
13)External Materials and Details
14)Artwork Details
15)Living roofs
16)Energy Strategy
17)Overheating (Warehouse Living)
18)Overheating (Commercial areas)
19)Building User Guide
20)Metering Strategy
21)DEN Connection
22)Urban Greening Factor
23)Secured by Design
24)Circular Economy
25)Whole Life Carbon
26)Land Contamination
27)Unexpected Contamination
28)Cycle Parking details
29)Delivery and Servicing Plan
30)Warehouse Living Waste Management Plan
31)Commercial Waste Management Plan
32)Detailed Construction Logistics Plan (PRE-COMMENCEMENT)
33)Public Highway Condition (PRE-COMMENCEMENT)
34)Demolition/Construction Environmental Management Plans (PRECOMMENCEMENT)
35)Management and Control of Dust (PRE-COMMENCEMENT)
36)Non-Road Mobile Machinery 1
37)Non-Road Mobile Machinery 2
38)Piling Method Statement (PRE-PILING WORKS)
39)Construction Near Water Main (PRE-CONSTRUCTION within 5m of a
water main)
40)Business and Community Liaison Construction Group (PRECOMMENCEMENT)
41)Telecommunications
42)Water Efficiency Condition
43)Noise from building services plant and vents
44)Anti-vibration mounts for building services plant / extraction equipment
45)London Underground Infrastructure Protection 1 (PRECOMMENCEMENT)
46)London Underground Infrastructure Protection 2
47)London Underground Infrastructure Protection 3
48)Landscape and Ecological Management Plan (LEMP)
49)Wind Mitigation – Terraces
50)Details of bed decks
51)Warehouse Living Management Plan
52)Public Right of Way (PROW) rerouting, design, and management details
53)Requirement to enter into a s278 agreement
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) Disposal of Commercial Waste
9) Piling Method Statement Contact Details
10) Minimum Water Pressure
11) Paid Garden Waste Collection Service
12) Sprinkler Installation
13) Designing out Crime Officer Services
14) Land Ownership
15) Site Preparation Works
16) s106 Agreement and s278 Agreement
17) Revised Fire Statement required with any revised submission
18) Building Control
19) Building Regulations – Soundproofing
20) Thames Water Groundwater Risk Management Permit
Section 106 Heads of Terms (HoTs):
1) Provision of workspace for residents & management plan Workspace to be provided within the below ground workshop spaces in Block A for the use of residents of the development in perpetuity from initial occupation. A management plan shall also be submitted to outline how the workspace will be allocated and managed to optimise usage and support residents that work in the creative industries. If spaces are not taken up by residents, then space could be used by other creatives.
2) Affordable workspace 10% of the commercial floorspace to be let out at an affordable rent. Obligations shall identify the location of this floorspace and secure it as affordable in perpetuity in line with the Planning Obligations SPD.
3) Viability Review Mechanism
a. Early-Stage Review if not implemented within 2 years;
b. Development Break review – review if construction is suspended for 2
years or more; and
c. Late-Stage Review with a cap equivalent to 50% affordable housing.
4) Employment & Skills Plan
All relevant clauses stated in the Planning Obligations Supplementary
Planning Document (SPD) 2018. In summary to include:
Construction Phase Skills and Training
To include planning obligations relating to Notification of Vacancies,
Local Labour, and Apprenticeships.
A commitment to being part of the borough’s Construction Programme
for the construction phase.
To include a support fee, and any in lieu financial contribution, payable
upon agreement of a Local Training and Employment Plan.
Work placement, and STEM and career education workshops.
Monitoring – Submitting monthly reports and evidence.
End-user Phase Skills and Training
The developer shall be required to work with the Council to maximise
opportunities for local residents in the development and provide career
education where practicable.
5) Travel Plans for Warehouse Living and Commercial uses and
monitoring
Warehouse Living Travel Plan:
Within six (6) months of first occupation of the proposed Warehouse Living a Travel Plan for the use must be submitted to and approved in writing by the Local Planning Authority detailing means of conveying information for new occupiers and techniques for advising residents of sustainable travel options.
The Travel Plan shall then be implemented in accordance with a timetable of implementation, monitoring, and review to be agreed in writing by the Local Planning Authority,
The following measures to be included as part of the travel plan in order to maximise the use of sustainable modes of active transport.
1. The developer must appoint a travel plan co-ordinator, working in collaboration with the Estate Management Team, to monitor the travel plan initiatives annually for a minimum period of 5 years.
2. Provision of welcome induction packs containing public transport and cycling/walking information to every new resident, along with a £200 voucher for active travel related equipment purchases.
3. Pay a sum of, £3,000 (three thousand pounds) per year for a period of five years £15,000 (fifteen thousand pounds) in total for the monitoring of this travel plan initiative.
4. Parking management plan which monitors the provision of disabled car parking spaces for the site and triggers any necessary provision on the local highways network.
Commercial Travel Plan:
Within six (6) months of first occupation of the proposed commercial spaces a Travel Plan for the use must be submitted to and approved in writing by the Local Planning Authority.
The Travel Plan shall then be implemented in accordance with a timetable of implementation, monitoring, and review to be agreed in writing by the Local Planning Authority,
The following measures to be included as part of the travel plan in order to maximise the use of sustainable modes of active transport.
1. The developer must appoint a travel plan co-ordinator, working in collaboration with the Estate Management Team, to monitor the travel plan initiatives annually for a minimum period of 5 years.
2. Provision of commercial induction packs containing public transport and cycling/walking information, available bus/rail/tube services, showers, lockers, map and timetables to all new staff, travel pack to be approved by the Councils transportation planning team.
3. The developer will be required to provide, showers lockers and changing room facility for the commercial element of the development where practicable.
4. The developer is required to pay a sum of £2,000 (two thousand pounds) per year per travel plan for monitoring of the travel plan for a period of 5 years.
5. The first surveys should be completed 6 months post occupation or on 50% occupation whichever is sooner.
6) Car capping (£4,000 contribution)
No future occupiers (except those with a blue badge) will be entitled to apply for a resident or business parking permit under the terms of the relevant Traffic Management Order controlling on-street parking in the vicinity of the development. £4,000 for revising the associated Traffic Management Order.
7) Car Club
Use all reasonable endeavours to establish a car club facility in the form of an on-street car club bay in the vicinity of the application site for the occupants of the development. To include the provision of three years’ free membership for all residents and £100 (one hundred pounds in credit) per year/per resident for the first 3 years.
8) Considerate Constructors Scheme
A commitment to sign up to the scheme for the entirety of construction works.
9) Ultrafast broadband connectivity
All rooms of accommodation must have access to high-quality digital connectivity (above 100MB/s) for occupants through ultrafast broadband connections.
10) Carbon Management & Sustainability
Be Seen commitment to uploading energy data
Energy Plan to recalculate the performance at commencement
Sustainability review to confirm the performance prior to occupation
DEN connection (and associated obligations) if this becomes available within the next 10 years
11) Carbon offsetting
Indicative carbon offset contribution (and associated obligations) of £20,805, plus a 10% management fee; an indicative carbon offset contribution to be recalculated at £2,850 per tCO2 at the Energy Plan stage with a 50% payment prior to implementation, and actual carbon offset contribution calculation at Sustainability Review stage following completion and payment for the remaining amount due prior to occupation.
12) Monitoring costs
Based on 5% of the value of the financial planning obligations included in the agreement (capped at £55,000), and £500 per non-financial planning obligation in the agreement. Section 278 Highways Legal Agreement Heads of Terms
13) Public Realm works
The developer shall be required to enter into an agreement with the Highway Authority under Section 278 of the Highways Act to pay for any necessary highway works relating to the delivery of the footway and Tewksbury Yard/Road public realm part of the proposals.
14) Street works
The works include but are not limited to the removal of the crossover to the site to reinstate the footway and / or the creation of at least 3 on-street disabled car parking bays and their electrification.
15) Works to the TLRN on Seven Sisters Road
Planters and cycle parking to be agreed with TfL and secured via s278 agreement.
2.5 In the event that members choose to make a decision contrary to officers’ recommendation members will need to state their reasons.
2.6 That, in the absence of the agreement referred to in resolution (2.1) above being completed within the time period provided for in resolution (2.3) above, the planning permission be refused for the following reasons:
1. In the absence of a legal agreement securing 1) workspace for residents & an associated management plan and 2) viability review mechanisms - the proposals would fail to provide sufficient workspaces for Warehouse Living in accordance with Development Management DPD policy DM39, and comply with Policy H5 of the London Plan and the Mayor’s Affordable Housing and
Viability Supplementary Planning Guidance (SPG).
2. In the absence of a legal agreement securing Affordable workspace, the scheme would fail to accord with Development Management DPD policy DM39.
3. In the absence of legal agreement securing 1) Travel Plans 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, 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, 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, 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.
2.7 In the event that the Planning Application is refused for the reasons set out in resolution (2.6) above, the Head of Development Management or the Assistant Director of Planning, Building Standards & Sustainability (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 Head of Development Management or the Assistant Director of Planning, Building Standards & Sustainability 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 (2.1) above to secure the obligations specified therein.
Supporting documents: