Agenda item

Proposal: Application made under Section 73 of the Town and Country Planning Act 1990 to vary Condition 2 (Approved Plans and Documents) attached to planning permission HGY/2023/0261 granted 03/03/2025.

 

Permission is sought to alter the permitted level of affordable housing to change 60 intermediate affordable homes to market sale.

 

Permission is also sought to alter the approved drawings to show inward opening doors at the roof level of 2 Berol Yard instead of the permitted glass panels (shifting the openings to the centre of the room).

 

Philip Elliott, Principal Planning Officer, introduced the report for an application made under Section 73 of the Town and Country Planning Act 1990 to vary Condition 2 (Approved Plans and Documents) attached to planning permission HGY/2023/0261 granted 03/03/2025, to have inward opening doors at the roof level of 2 Berol Yard instead of the permitted glass panels (shifting the openings to the centre of the room). Permission was also sought to alter the permitted level of affordable housing to change 60 intermediate affordable rented homes to market rent homes.

 

The following was noted in response to questions from the committee:

 

• It was explained that it would not be reasonable for this scheme alone to deliver the proposed bridge, as the cost would be prohibitive. However, the scheme did include the landing platform, enabling the bridge to connect to the development should funding become available in the future.
• Members were reminded that, as set out in the presentation, the scheme’s viability had been independently reviewed by Carter Jonas on behalf of the Council and also by the Greater London Authority (GLA) viability team. Both Carter Jonas and the GLA were in agreement that including affordable housing within the scheme would not be viable.
• Officers explained that viability assessments typically involved a process of negotiation, clarification, and checking of inputs. The applicant’s initial position had identified a significantly higher deficit figure. Through the viability review process, this figure had been reduced, and the final agreed deficit stood at approximately £12 million. Following receipt of additional information, the GLA had concluded that this figure was accurate.
• It was noted that there had been no change  in relation to funding for the bridge, and that no funding was currently allocated. However, funding could potentially be identified in the future. Members were advised that uncertainty surrounding Crossrail remained a key factor and that, should Crossrail proceed, the bridge could potentially form part of wider works in the area. A feasibility study was underway to assess delivery costs, and the Council could choose to allocate funding in the future through land sales or other mechanisms if it so wished.
• Officers advised that the build-to-rent sector, like build-to-sale, was experiencing significant challenges. While other housing products, such as co-living and purpose-built student accommodation, could in some cases be more viable, the viability assessments demonstrated the current difficulties facing build-to-rent. In terms of affordability, Members were reminded that Tottenham Hale had delivered a high proportion of affordable housing, exceeding 30%, including nearby schemes such as Ashley Road Depot, which was a 100% Council housing scheme, and Rosa Luxemburg, located opposite the site. The area was therefore delivering a broad mix and range of housing.
• Members were advised that viability reviews could sometimes be undertaken at a later stage, typically at 75% occupancy. Such a review could conclude that no additional payment was due, depending on economic conditions at that time. For this application, a payment in lieu had been agreed, removing the need for late-stage review and providing certainty to both the Council and the developer regarding the contribution to be received.
• In relation to additional penalty payments for late delivery, officers explained that these would commence from the point of commencement of development, rather than the grant of permission, due to requirements relating to the Building Safety Regulator and other pre-commencement processes. The developer would then have four years to deliver the scheme. If delivery did not take place within that period, additional payments would become payable. This mechanism was intended to incentivise timely delivery of the housing and public benefits associated with the scheme.
• It was noted that the scheme comprised two elements: the Berol House element and the build-to-rent element. Members were reminded that over 700 homes had already been delivered in the area. The applicant confirmed that Berol House would be retained, with an operator appointed to manage the build-to-rent element.
• Officers confirmed that the Section 106 Agreement included a Build-to-Rent Management Plan, which set out commitments regarding the operation and management of the building. This included provision for three-year tenancies, offering security and longevity of tenure. Members were advised that the applicant had a track record of delivering high-quality buildings in Tottenham Hale. The Management Plan also committed them to working closely with the Council’s housing team to promote housing opportunities for borough residents. Members noted a preference for this commitment to be made more explicit, including that initial promotion of the homes should be directed towards Haringey residents.
• It was noted that, generally, development in and around the station area was either permitted or already under construction.

The Chair asked Catherine Smyth, Head of Development Management and Enforcement Planning to sum up the recommendation as set out in the report. The Chair moved that the recommendation be approved following 8 in favour, 0 abstentions and 0 objections.

RESOLVED

2.1 That the Committee authorise the Head of Development Management and Planning Enforcement or the Director of Planning & Building Standards to GRANT planning permission subject to the conditions and informatives set out below and the completion of a legal agreement/Deed of Variation satisfactory to the Head of Development Management and Planning Enforcement or the Director of Planning & Building Standards securing the obligations set out in the Heads of Terms below and subject to referral to the Mayor of London and anydirection they make.

2.2 That the agreement referred to in resolution (2.1) above is to be completed no later than 01/05/2026 or within such extended time as the Head of Development Management and Planning Enforcement or the Director of Planning & Building Standards shall in their sole discretion allow.

2.3 That, following completion of the agreement(s) referred to in resolution (2.1) within the time period provided for in resolution (2.2) above, planning permission be granted in accordance with the Planning Application subject to the attachment of the conditions.

2.4 That delegated authority be granted to the Head of Development Management and Planning Enforcement or the Director of Planning & Building Standards to make any alterations, additions or deletions to the recommended heads of terms and/or recommended conditions and informatives (planning permission) 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.

Conditions Summary – (the full text of recommended conditions is contained in Appendix 1 of the report).

1) Time limit to reflect time limit granted for HGY/2023/0261 (Compliance)

2) Approved Plans and Documents (Compliance)

3) Phasing Plan (PRE-COMMENCEMENT)

4) Accessible Accommodation (Compliance)

5) Commercial Unit - Opening Hours (Compliance)

6) Commercial Units - Class E Only (Compliance)

7) Quantum of development (Compliance)

8) BREEAM Certificates (PRE-COMMENCEMENT)

9) Residential – Noise Attenuation (Compliance)

10)Residential – Noise Attenuation from commercial (Pre-occupation)

11)Fire Statement (Pre-superstructure)

12)Landscape Details (Pre-occupation)

13)Playspace (Pre-occupation)

14)Surface Water Drainage (Pre-occupation)

15)Surface water network (Thames Water) (Pre-occupation)

16)Water network capacity (Thames Water) (Pre-occupation)

17)Flood Warning and Evacuation Plan (FWEP) (Pre-occupation)

18)Water Efficiency Condition (Compliance)

19)Biodiversity (Pre-occupation)

20)Lighting (Pre-occupation)

21)External Materials and Details (Pre-superstructure)

22)Living roofs (Pre-superstructure)

23)Landscape and ecological management plan (LEMP) (Pre-occupation)

24)Energy Strategy (Pre-superstructure)

25)DEN Connection (Pre-superstructure)

26)Overheating (Pre-superstructure)

27)Overheating Building User Guide (Pre-occupation)

28)Circular Economy (Pre-occupation)

29)Whole Life Carbon (Pre-occupation)

30)Secured by Design (Pre-occupation)

31)Written Scheme(s) of Investigation for Archaeology (PRECOMMENCEMENT)

32)Land Contamination (PRE-COMMENCEMENT)

33)Unexpected Contamination (If identified)

34)Car Parking Management Plan (Pre-occupation)

35)Cycle Parking (Pre-superstructure)

36)Delivery and Servicing Management Plan (Pre-occupation)

37)Site Waste Management Plan (PRE-COMMENCEMENT)

38)Waste Management Plan (Pre-occupation)

39)Detailed Construction Logistics Plan (PRE-COMMENCEMENT)

40)London Underground Asset Protection (PRE-COMMENCEMENT)

41)Public Highway Condition (PRE-COMMENCEMENT)

42)Demolition/Construction Environmental Management Plans (PRE_COMMENCEMENT)

43)Updated Air Quality Assessment (Pre-superstructure)

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

45)Combustion and Energy Plant (Compliance)

46)Business and Community Liaison Construction Group (PRECOMMENCEMENT)

47)Telecommunications (Compliance)

48)Wind Mitigation (Pre-Superstructure)

49)Noise from building services plant and vents (Compliance)

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

(Compliance)

51)Signage and wayfinding (Pre-occupation)

52)Berol House Blue Badge Parking (Pre-occupation)

53)Public Art (Pre-occupation)

54)Residential homes to be C3 use only (Compliance)

2.7 A summary of the recommended informatives for the development is provided below:

Informatives Summary – (the full text of Informatives is contained in appendix to the report).

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) Written Scheme of Investigation - Deemed Approval Precluded

10) Maximise Water Efficiency

11) Minimum Water Pressure

12) Paid Garden Waste Collection Services

13) Sprinkler Installation

14) Designing out Crime Officer Services

15) Land Ownership

16) Site Preparation Works

17) s106 Agreement and s278 Agreement

18) Revised Fire Statement required with any revised submission

19) Building Control

20) Building Regulations – Soundproofing

21) Thames Water – Sewage Pumping Station