Agenda item

Senate House, Tyssen Street, Dalston, E8 2ND:2007/1844

Decision:

 

RESOLVED that:-

 

A.  Permission be GRANTED, subject to conditions.

 

B.  The above recommendation be subject to the applicant, the landowners and their mortgagees entering into a deed of planning obligation by means of a Section 106 Agreement of the Town and Country Planning Act 1990 (as amended), in order to secure the following matters to the satisfaction of the Corporate Director of Neighbourhoods and Regeneration and the Interim Corporate Director Legal and Democratic Services

 

Minutes:

Demolition of existing building on the site and erection of a four storey building and a five storey building to facilitate a mixed use development consisting of 28 residential units (18 x two bed, 4 x three bed and 6 x four bed) and 1173 sq metres of commercial floor space (use class B1) and associated landscaping.

 

6.1  The Planning Officer introduced the report as set out in the agenda.

 

6.2  The agents were in attendance to answer any questions that arose.

 

6.3  Reference was made to the only mature tree in Ramsgate? and it was explained that it was located outside of the boundary area and that it had already been taken down.  This was an issue for Thetford Homes.

 

6.4  In response to a query from the Chair regarding the quality of the yellow stock bricks proposed, the agent stated that they were keen to provide a high quality building with the highest quality materials. 

 

6.5  Councillor Desmond referred to the issue of car parking, as the scheme was allocated as a car free development and whether the development was located within a Controlled Parking Zone.  The applicant confirmed that the development was not located within a CPZ and that it was a car free development.  They added that there were good public transport links in the area.

 

6.6  The Chair referred to the streetlamps and whether these could be placed on the proposed building, in order to help de-clutter the area.  The applicant welcomed this proposal.  The Chair requested that this be added as an additional condition.  This was AGREED.

 

6.7  In response to a query from the Chair regarding rain water harvesting, the agent stated that they would be providing a green roof and amenity space.  The Chair requested that an additional condition be added for best endeavours for rain water harvesting to be included in the scheme.  This was AGREED.

 

RESOLVED that:-

 

(A) Permission be GRANTED, subject to the following conditions:

 

1.  SCBO – In accordance with plans

The Development hereby permitted shall only be carried out and completed strictly in accordance with the submitted plans hereby approved and any subsequent approval of details.

 

REASON: To ensure that the development hereby permitted is carried out in full accordance with the plans hereby approved.

 

2.  SCB1N - Commencement within three years

The development hereby permitted must be begun not later than three years after the date of this permission.

 

REASON: In order to comply with the provisions of Section 91(1) of the Town and Country Planning Act 1990 as amended.

 

3.  SCM2 - Materials to be approved

Details, including samples, of all materials to be used on the external surfaces of the building and boundary walls shall be submitted to and approved by the Local Planning Authority, in writing, before any work commences on site. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON: To ensure that the external appearance of the building is satisfactory and does not detract from the character and visual amenity of the area.

 

4.  SCN1 – Soundproofing

Full particulars and details of provisions for soundproofing between the B1/B1 use and residential units shall be submitted to an approved by the Local Planning Authority, in writing, before the commencement of works on site, and subsequently installed in the building in a satisfactory manner, before the development is first occupied/use commences.

 

REASON: In order to minimise the transmission of noise between and within units in the interests of providing satisfactory accommodation. 

 

5.  SCD2 - Provision of access and facilities

All provisions and facilities to be made for people with disabilities as shown on the plans and details hereby approved shall be implemented in full to the satisfaction of the Local Planning Authority before the use is first commenced.

 

REASON: In order to ensure that access and facilities for people with disabilities are provided in order to ensure that they may make full use of the development.

 

6.  SCT1 - Landscaping

A landscaping scheme illustrated on detailed drawings shall be submitted to and approved by the Local Planning Authority, in writing, before any work commences on site, for the planting of trees and shrubs showing species, type of stock, numbers of trees and shrubs to be included and showing areas to be grass seeded or turfed; all landscaping in accordance with the scheme, when approved, shall be carried out within a period of twelve months from the date on which the development of the site commences or shall be carried out in the first planting (and seeding) season following completion of the development, and shall be maintained to the satisfaction of the Local Planning Authority for a period of ten years, such maintenance to include the replacement of any plants that die, or are severely damaged, seriously diseased, or removed.

 

REASON: To accord with the requirements of Section 197(a) of the Town and Country Planning Act 1990 and to provide reasonable environmental standards in the interests of the appearance of the site and area. 

 

7.  SCR3 - Mobility standards

Ten-percent of all housing units proposed must be designed to mobility standards and be in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

 

REASON: In the interest in providing satisfactory and convenient housing accommodation for persons with disabilities. 

 

8.  SCS5 - Waste

Except on day(s) of collection, all refuse and waste shall be stored in sealed containers in the refuse area shown on the plans hereby approved.

 

REASON: To ensure refuse is not left in the street in the interests of visual amenity and to reduce the likelihood of infestation. 

 

9.  SCH10 - Cycle spaces

Provision for 33 cycles (28 for residential component and 5 for B1 use). The B1 spaces are to be located separate to the residential cycle parking spaces and clearly sign posted. The spaces are to be secure. Details of which are to be submitted to an approved by the Local Planning Authority, in writing, before the commencement of works on site, and subsequently installed in the building in a satisfactory manner, before the development is first occupied/use commences.

 

REASON: To ensure that a reasonable provision is made within the site for the parking of cycles/motorcycles in the interest of relieving congestion in surrounding streets and improving highway conditions in general.

 

10.  NSC - Wheel washing facilities

Wheel washing or other cleaning facilities for vehicles leaving the site during construction works shall be installed in accordance with details approved by the Local Planning Authority prior to the commencement of works on site.

 

  REASON: In the interest of highway safety.

 

11.  NSC - External ventilation

Full details of mechanical ventilation equipment from kitchen areas, bathroom areas and any air conditioning units must be submitted for approval by the Local Planning Authority, in writing, before the commencement of works on site, and subsequently installed in the building in a satisfactory manner, before the development is first occupied/use commences. Mechanical ventilation equipment from kitchen areas, bathroom areas and any air conditioning units must be so positioned, designed and acoustically insulated so as not to cause noise disturbance or affect the amenity of residents as a result of fume or odorous discharge.

 

REASON: To ensure that the use operates in a satisfactory manner and does not unduly disturb adjoining occupiers or prejudice local amenity generally.

 

12.  NSC - External Fixed Plant Items

Any external fixed plant items must be so positioned, designed and acoustically insulated so as not to cause noise disturbance or affect the amenity of residents. As such they shall be designed to operate at a cumulative noise level of LAeqTr, measured or predicted at 1 metre from the façade of the nearest noise sensitive premises and shall be a rating level of 10dB(A) below the background noise level of LAF90.

 

REASON: To ensure that the use operates in a satisfactory manner and does not unduly disturb adjoining occupiers or prejudice local amenity generally.

 

13.  NSC - Noise Levels

Upon completion of the development, internal noise levels must comply with BS 8233:1999. A validation noise report demonstrating that this has been achieved must be submitted for approval by the Local Planning Authority prior to occupation of the residential units.

 

REASON: To ensure that the amenity of the future occupants of the residential units is protected.

 

14.  NSC - Dust emissions

An environmental plan demonstrating how dust emissions from the site, traffic and plant during the construction phase will be controlled shall be submitted to and agreed by the Local Planning Authority in writing, and implemented, prior to any works commencing on site.

 

REASON: To ensure that the development is not prejudicial to the health of environment and prospective occupiers.

 

15.  NSC - Highway works

The development hereby permitted will not be implemented until/unless the owner of the site has entered into a legal agreement with the Local Planning Authority for works to Ramsgate St and/or Tyssen St pursuant to a Section 278 Highways Act 1980 and provided a copy of the same to the Local Planning Authority.

 

16.  Renewable energy

 

Full details of renewable energy provision shall be submitted and approved in writing by the Local Planning Authority before any building works commence. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON: To ensure that the development achieves the level of renewable energy provision on site as proposed.

 

17.  Layout of Commercial Units

 

Full details of the layout/fitout of the commercial floorspace within the basement and ground floor levels shall be submitted to the Local Planning Authority and approved in writing prior to the occupation of any commercial floorspace on site.

 

REASON:  To ensure the size and layout of the commercial floorspace is appropriate.

 

18.  Crossrail Condition

 

No construction work of any part of the development forming part of this permission shall begin until detailed design and method statements for all the ground floor structures, foundations, basements and other structures, including piling (both temporary and permanent), below ground level (the Foundation Works) which accommodate:

 

i)  the proposed location of the Chelsea-Hackney Line structures and tunnels;

ii)  the ground movement arising from the construction of structures and tunnels;

iii)  the effects of noise and vibration arising from the use of the running tunnels;

 

have been submitted to and approved, in writing, by the Local Planning Authority, after consultation with Cross London Rail Limited (CLRL), all such works which form part of the design and method statements shall be completed, in their entirety, before any part of the building hereby permitted is occupied.

 

19.  Streetlamps ………………………

 

20.  Rain water harvesting ……………..

 

(B) The above recommendation be subject to the applicant, the landowners and their mortgagees entering into a deed of planning obligation by means of a Section 106 Agreement of the Town and Country Planning Act 1990 (as amended), in order to secure the following matters to the satisfaction of the Corporate Director of Neighbourhoods and Regeneration and the Interim Corporate Director Legal and Democratic Services:

 

1.  Securing 64.3% of units (69% by habitable room) as affordable housing with a tenure mix of 8 units social rented and 10 units shared ownership.

2.  Contribution of £145,049.15towards education and libraries.

3.  Contribution of £2,587.10 towards open space.

4.  The signing of a Section 278 legal agreement under the Highways Act for works to the public highway and securing of £27,850.00 to fund these works.

5.  The provision of a Green Travel Plan to all residents and commercial lease holder/employees on occupation of the site.

6.  Commitment to the Council’s local labour and construction initiatives (25% on site employment).

7.  No occupation of the Open Market Dwellings until all the affordable units have been transferred to the approved RSL.

8.  10% reduction in carbon emissions through the use of renewable energy sources and use of low energy technology.

9.  Considerate Contractor Scheme – the applicant to carry out all works in keeping with the National Considerate Contractor Scheme

10.Achievement of a minimum Level 3 under the Code for Sustainable Homes with best endeavours to achieve Level 4.

11.No change of architect or changes to the design as a result of value engineering measures after planning approval has been secured.

12.B1 to shell and core prior to occupation of any residential unit.

13.Payment by the landowner/developer of all the Council’s legal and other relevant fees, disbursements and Value Added Tax in respect of the negotiations and completion of the proposed Section 106 Agreement.

14.Car free development.  No car parking permits except for those with a valid disability badge.

15.Sustainable transport contribution to the amount of £9240.00. (Calculated at £330 per residential unit).

16.All residential units are to be built to Lifetime Homes Standards.

 

REASONS FOR APPROVAL

 

The following policies contained in the Hackney Unitary Development Plan 1995 are relevant to the approved development/use and were considered by this Council in reaching the decision to grant planning permission:

 

EQ1  - Development Requirements

H03  - Other sites for housing

E12  - Office Development

E14   - Access and Facilities for People with Disabilities

E18   - Planning Standards

TR19  - Planning Standards

 

INFORMATIVES

 

  The following informatives should be added:

 

SI.1   Building Control

SI.2   Work Affecting Public Highway

SI.3   Sanitary, Ventilation and Drainage Arrangements

SI.6   Control of Pollution (Clean Air, Noise, etc.)

SI.7   Hours of Building Works

SI.8  Soundproofing

SI.19  Health, Safety and Welfare at Work

SI.24   Naming and Numbering

SI.25   Disabled Person’s Provisions

SI.27   Fire Precautions Act 1971

SI.28   Refuse Storage and Disposal Arrangements

SI.32   Consultations with TWU

 

NSI.1  The hours of construction work on site that are audible at the nearest noise sensitive premises shall be restricted to 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 Saturday and at no time on Sundays & public holidays except by written permission of the Council or where the works are approved under section 61 Control of Pollution Act 1974.

 

NSI.2  The best practice detailed within the Building Research pollution control guides Parts 1 to 5 for controlling particles, vapour and noise pollution from construction sites must be followed throughout the enabling works, demolition and construction phase of the development. 

 

NSI.3  The applicant is advised that they will be required to enter into a Section 61 agreement under the Control of Pollution Act 1974 with the Pollution Section before commencing work on site in order to control noise and vibration from the demolition/construction work.

 

NSI.4  Your attention is drawn to the need to comply with the provisions of the Regulatory Reform (Fire Safety) Order 2005 where applicable. The provision of satisfactory means of escape in the event of a fire is the concern of the London Fire and Emergency Planning Authority as fire authority, and information relating thereto may be obtained from the Fire Safety Department, 210 High Street, East Ham, E6 3RS.

 

NSI.5 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 Telephone No: 0845 850 2777 for further information.

 

NSI.6 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 Water pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

 

NSI.7  Cross London Rail Limited (CLRL) (Portland House, Bressenden Place, London SW1E 5BH) has indicated its preparedness to provide guidelines in relation to the proposed location of the Chelsea-Hackney Line structures and tunnels, ground movement arising from the construction of the running tunnels, and noise and vibration arising from the use of the running tunnels.  Applicants are encouraged to discuss the guidelines with the Chelsea-Hackney Line Engineer in the course of preparing detailed design and method statements.  Please contact the CLRL helpdesk on 0203 023 9100 for guidance on who to speak to.

 

Supporting documents: