Agenda item

Erection of a part 4 and part 5 storey plus basement mixed use development to provide 650 sq m Class B1 floorspace on the ground floor and basement and 34 residential units comprising 5x1 bed, 17x2 bed, 8x3 bed, 3x4 bed and 1x5 bed flats with balconies, together with the provision of bin stores and cycle spaces and landscaping.

 

Resubmission of previously approved application 2006/2342 involving the following changes:

 

1.  Removal of basement car park, increase in B1 floorspace by 36 m² and

2.  Elevational alterations involving a) the realignment of the eastern wall at ground floor level, b) minor realignments of windows, c) the location of exits from the car lift.

3.  Variation of planning condition 6 "provision of residential parking facilities"

4.  Removal of condition no’s 5 "forward vehicle ingress/ egress only", 8 "adequate visibility to entrance", 9 "adequate visibility along frontage", 12 "no extraneous pipework", 18 "provision of mechanical ventilation equipment from car park".

 

7.1  The Planning Officer introduced the report as set out in the report.

 

7.2  There being no questions from Members, the Chair moved to the vote.

 

Unanimously RESOLVED that:

 

 

1.  (SCB1N) ‘The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this permission.

 

REASON: In order to comply with the provisions of the Town and Country Planning Act 990 as amended.’

 

2.  (SCD1) ‘A level access shall be provided to all ground floor units/shops hereby approved before the use is first commenced.

 

REASON: In order to ensure that people with disabilities are able to gain proper access to the development.’

 

3.  (SCD2) ‘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 that they make full use of the development.’

 

4.  (SCH4) ‘All vehicles shall enter and leave the site only in a forward direction.

 

REASON: In the interests of road safety generally and avoidance of obstruction of the highway.’

 

5.  (SCH6) ‘The whole of the car parking accommodation hereby approved shall be provided before the occupation of any of the approved units, and retained permanently for the accommodation of vehicles for purposes incidental to the enjoyment of the residential accommodation.

 

REASON: To ensure that the proposed development does not prejudice the free flow of traffic or public safety along the adjoining highway, to ensure the permanent retention of the car parking accommodation and to safeguard the environment of the area.’

 

6.  (SCH10) ‘Space shall be made available for the secure parking of 38 cycles and within the site/development/building before the use is first commenced.

 

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

 

7.  (SCM2) ‘Full details, with samples, of the materials to be used on the external surfaces of the buildings, including glazing, shall be submitted to and approved by the Local Planning Authority in writing before any work on the site is commenced. 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.’

 

8.  (SCM6) ‘Details, including samples, of materials to be used on the building, boundary walls and ground surfaces 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.’

 

9.  (SCM9) ‘No soil stacks, soil vent pipes, flues, ductwork or any other pipework shall be fixed to the elevations of the building other than as shown on the drawings hereby approved, unless otherwise agreed in writing by the Local Planning Authority.

 

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.’

 

10.  (SCR2) ‘Details of dustbin enclosures showing the design, location and external appearance, shall be submitted to and approved by the Local Planning Authority, in writing, before the use/development commences.  The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON: In order to provide for adequate bin enclosures in the interest of the appearance of the site and area.’

 

11.  (SCR8) ‘The windows in the north east wall of the building shall be permanently glazed in obscured glass and kept fixed shut.

 

REASON: To safeguard against overlooking of adjoining sites and premises.’

 

12.  (SCT2) ‘The landscaping scheme hereby approved as part of the development shall be carried out within a period of twelve months from the date at 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 in the interests of the appearance of the site and of the area generally.’

 

13.  (NSC) ‘Details of proposed screening to the north west corner roof terrace, the third floor roof balcony to the of the converted warehouse building. The proposed balconies on the south east elevation of the proposed new build structure.

 

REASON: In order to safeguard the amenities of neighbouring residential occupiers.’

 

·  To secure the provision of 100% of units as affordable housing. The dwellings to comprise one 1 bed, one 2 bed, six 3 bed, three 4 bed and one 5 bed affordable rented units and five x1 bed, seventeen x2 bed and two x 3 bed intermediate units.

·  Contribution of £73,040.43 towards education.

·  Contribution of £5267.23 towards library facilities within the borough.

·  The signing of a Section 278 legal agreement under the Highways Act to pay the Council to reinstate and improve the footway adjacent to the boundary of the site, provide a servicing lay-by on Shacklewell Lane and include if required, any access to the Highway, measures for street furniture relocation, carriageway markings, access and visibility safety requirements.  Unavoidable works required to be undertaken by Statutory Services will not be included in London Borough of Hackney estimate or payment.

·  The Owner should contribute to alteration of the access from the highway to increase safe access to the site for pedestrians, to be secured as a S106 measure.

·  On occupation, the owner should provide the residents with a handbook detailing local public transport services and walking routes to schools in the area, to help achieve sustainable development.

·  The parking for residents should be for family –sized dwellings / and should be distributed across the tenures. 

·  No Residents’ Parking Permits.

·  Best endeavours to provide local labour on site.

 

·  B1 to be fitted to occupational standard (Full schedule of Works to be included in S106.

 

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

 

 

 

(i)  The proposed development, in the absence of a legal agreement for securing  affordable housing, would be to the detriment of housing needs in the Borough and fails to promote a mixed and inclusive community and as such  would be contrary to policy HO3 of the Hackney Unitary Development Plan 1995, policies 3A.8, 3A.9 and 3A.10 of the London Plan 2008 and advice contained in PPS1 and PPG3.

 

(ii)  The proposed development, in the absence of a legal agreement for securing educational contributions, would be likely to contribute to pressure and demand on the Borough’s education provision contrary to policies EQ1 and CS2 of the Hackney Unitary Development Plan 1995 and policy 3A.24 of the London Plan 2004.

 

(iii)  The proposed development, in the absence of a legal agreement securing no residential parking permits for future occupiers of the development, may contribute to the creation of an unsafe and poor quality environment contrary to policies EQ1 and TR19 of the Hackney Unitary Development Plan 1995.

 

(iv)  The proposed development, in the absence of a legal agreement for a Section 278 of the Highways Act Agreement, would lead to the creation of an unsafe and poor quality environment contrary to policy TR19 of the Hackney Unitary Development Plan 1995.

 

(v)  The proposed development, in the absence of a legal agreement for securing B1 to be fitted out to occupational standard prior to the occupation of the residential component, would be likely to harm the employment opportunities and provision of employment floorspace in the Borough contrary to policies 3B1 and 3B3 of the London Plan 2008.

 

INFORMATIVES:

 

(i)  SI1 Building Control

(ii)  SI2 Works Affecting Public Highway

(iii)  SI3 Sanitary, Ventilation and Drainage Arrangements

(iv)  SI7 Hours of Building Works

(v)  SI8 Soundproofing

(vi)  SI19 Health, Safety and Welfare at Work

(vii)  SI24 Naming and Numbering

(viii)  SI27 Fire Precautions Act

(ix)  SI28 Refuse Storage and Disposal Arrangements

(x)  SI33 Removal of Asbestos

(xiv) The applicant is reminded that due to the sensitive nature of the site the Council wish to see the general quality of the design maintained and the highest quality materials should be used throughout the scheme.

 

  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, E3 Development outside Defined Employment Areas, E6 Retention of Employment sites and Premises outside Defined  Employment Areas, HO3 Other sites for Housing, TR19 Planning Standards Other relevant policies which were considered include Hackney Supplementary Planning Guidance Note 1 New Residential Development. London Plan Policies 3A.1: Increasing London’s Supply of Housing, 3A.2: Borough Housing Targets, 3A.5: Housing Choice, 3A.8: Negotiating affordable housing in individual private residential and mixed-use schemes, 3A.8 Definition of Affordable Housing, 3A.9: Affordable housing targets, 3A.10: Negotiating Affordable Housing, 3A.11 Affordable Housing Thresholds, 3A.24: Education facilities, 3B.1: Developing London's economy, 3B.2: Office Demand and Supply, 3B.3: Mixed Use Development, 3C.23 Parking Strategy, 4B.1: Design Principles for a Compact City, 4B.3 Enhancing the quality of the public realm were also taken into account in the determination of this planning application as were national policy guidance contained within PPS1 – Delivering Sustainable Development, PPG3 – Housing, PPG4 – Industrial and Commercial and Small Firms, PPG13 – Transport.