Agenda item

2008/1954 – Erection of six three storey four bed dwelling houses.  Also erection of single storey Conservatory to existing Care Home and new landscaping.

 

2007/3003 – Listed Building Consent pursuant to planning application 2008/1954 for the erection of 6 dwelling houses attached to rear of Grade II Listed Building at 35 Stoke Newington Green.

 

l.1  The Planning Officer introduced the report as set out in the report. 

 

l.2  Mathew Evans spoke in objection of the scheme, on behalf of Star Images and the Mildmay Club, his comments are summarised as follows:

 

§  Major issue of the access points for both the Mildmay Club and Star Images.

§  Density of the scheme, with an issue of overlooking and small gardens.

§  All of the properties were to be sold privately, therefore not addressing the need for social housing.

§  Concern raised the established Mildmay Club will be subject to noise complaints from the residents of the new development.

 

l.3  Karelia Scott-Daniels also spoke in objection of the scheme, her comments are summarised as follows:

 

§  2 Albion Road would back onto the development site.

§  Concerned about the roof terraces and the noise they would generate.  Inappropriate for the size and density of the scheme.

§  Pleased that area was dedicated to private housing.

 

l.4  The applicants responded to the concerns raised, their comments are summarised as follows:

 

§  Consulted widely, including tenants of Thirlmere House, Mildmay Club and Star Images.

§  Presented the scheme to the AGM of the Newington Green Action Group.

§  Presented to the AGM of the Mildmay Club.

§  Proposed a number of measures to reduce the security concerns in the area, including the provision of better lighting.

§  Issue of noise – the properties would be built to building guidelines and they would look to achieve Code 4 which would include sufficient insulation.

 

l.5  In response to a query from Councillor Smith, the applicants confirmed that the development was to be gated.

 

l.6    Councillor Desmond wished to clarify the materials to be used and it was explained that brick would be used on the lower levels, with copper cladding on the upper levels.

 

l.7    The Chair raised the issue of soundproofing and asked whether any assistance would be provided for the soundproofing of the Mildmay Club.   The Planning Officer stated that there was a cost implication and that it was not unusual for residential and industrial units to be located in close proximity of each other.  The applicants added that the issue of soundproofing had been discussed at the consultation stage with the Mildmay Club and they did not feel this was an issue as the new development would have double glazing.  It was requested that a scoping study be undertaken, as the Sub-Committee was minded that noise insulation be provided for the Mildmay Club.  This was AGREED.

 

l.8    The Chair referred to the major issue of access for the both the Mildmay Club and Star Images.  It was stated that Star Images did not require a fire escape at the rear of property as it currently had less than 6 employees.  However, it was explained that this would restrict the future growth of the company.

 

l.9    The Planning Officer confirmed the existing fire escape for the property, which had been there for 20 years, opened onto the car park.  The applicant added that they were currently in positive negotiations with Star Images regarding this issue.

 

l.10    With regard to the Mildmay Club, it was explained that it had a capacity of 300 people and it was conditioned that they had a fire exit to the rear of the property.  This had been a long standing right of access for approximately 120 years.

 

I.11  The Principal Solicitor clarified that the issue of access was a legal issue between the applicants and the owners of the properties in question and was not a reason for refusal on planning grounds.  The applicant resolved to find means of access for both the Mildmay Club and Star Images and that this issue would be delegated to the Planning Officers.  This was AGREED.

 

I.12  Councillor Smith raised concern regarding the roof terraces and the issue of overlooking.  The applicant stated that the terraces were located on the first floor of the property and not at roof level and that they had consulted widely, with no objections received.  The Planning Officer added that a condition could be added for appropriate screening of the terraces.  This was AGREED.

 

I.13  Councillor Smith also raised concern about all of the Hanover in Hackney applications being considered together.  The Interim Head of Regulatory Services stated that each of the applications were being evaluated on their own merits and that the Section 106 agreement was the only element being decided on collectively due to the social housing contribution. It was reiterated that Members should not feel pressurised into making a decision.  

 

I.14  A request was made by Councillor Smith for the gates at the entrances of the development to be removed.  This was AGREED.

 

  Councillors Buitekant, Desmond and Smith voted against the recommendation and Councillors Stops, Hanson and Webb voted in favour of the recommendation.  The Chair cast his casting vote of approval and it was therefore:-

 

RESOLVED that:

 

 

   1.  SCB0 – Development 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.  SCB1 – 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.  SCG6 – Restrictions of Permitted Development Rights

Notwithstanding the provisions of the Town and Country Planning General Development Order 1995 (or any order revoking or re-enacting that Order), planning permission shall be required for the erection of any extensions, outbuildings, or any other external alterations.

 

  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.  SCM6 – Materials to be approved (entire site)

  Details, including samples, of materials to be used on the external surfaces of 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.

 

 

  5.  SCM7 – Details to be approved

Detailed drawings/full particulars of the proposed development showing the matters set out below must be submitted to and approved by the Local Planning Authority, in writing, before any work is commenced. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

·  Staffordshire blue engineering facing brickwork details

·  Standing seam oxidized copper sheeting details 

·  Double glazed doors and windows details

·  Double glazed curtain walling details

·  Copper framing details 

·  Paving details

·  Fencing details

 

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.

 

  6.  SCM9 – No extraneous pipework

No soil stacks, soil vent pipes, flues, ductwork or any other pipework shall be fixed to the (street) elevations of the building other than as shown on the drawings hereby 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.

 

  7.  SCT2 – Provision of landscaping as approved

The landscaping hereby approved as part of the development 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 is 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.

 

  8.  SCT3 – Protection of trees on-site during site works

No demolition, site clearance or building operations shall commence until chestnut paling fencing of a height not less than 1.2 metres shall have been erected around each tree or tree group to be retained on the site, at a radius from the trunk of not less than 4.5 metres.  Such fencing is to be maintained during the course of development to the satisfaction of the Local Planning Authority.

 

REASON: In order to protect the existing trees during building operation and site works.

 

  9.  SCT4 – Tree Survey/Retention Plan

A detailed Tree Survey/Retention Plan (plan and schedule) indicating precise location, species, height and condition of each tree accurately plotted and showing which trees are to be retained and which are proposed for felling shall be approved by the Local Planning Authority before any work commences on site.

 

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.

 

  10.  SCH5 – Provision of parking, turning and unloading space

No part of the development hereby approved shall be occupied until accommodation for car parking, turning and loading/unloading has been provided in accordance with the approved plans, and such accommodation shall be retained permanently for use by the occupiers and/or users of, and/or persons calling at, the premises only, and shall not be used for any other purposes.

 

REASON: To ensure that the proposed development does not prejudice the free flow of traffic or public safety along the neighbouring highway(s) and to ensure the permanent retention of the accommodation for parking/ loading and unloading purposes.

 

  11.  SCH8 – Parking for persons with disabilities

  Before the use hereby permitted first commences, at least two car parking spaces shall be marked and retained permanently for use by the vehicles of persons with disabilities at locations close to the entrances to the building(s).

  REASON: In order to ensure that a reasonable minimum of parking spaces are located for persons with disabilities prior to occupation.

 

  12.  SCH10 – Provision for cycles

Secure, covered parking shall be provided for 12 bicycles, as shown on the plans hereby approved, before use of the development hereby permitted commences.

 

REASON: To ensure that a reasonable provision is made within the site for the parking of bicycles in the interests of discouraging car use, relieving congestion in surrounding streets and improving highway conditions in general.

 

  13.  SCR2 – Details of refuse storage enclosure

Details of dustbin enclosures (including mandatory recycling facilities), showing the design, external appearance and location thereof, shall be submitted to and approved by the Local Planning Authority, in writing, before construction commences. The development shall not be carried out otherwise than in accordance with the details thus approved. 

 

REASON: To ensure there is adequate provision for dustbin and recycling facilities for the development in the interests of the appearance and amenity of the area.

 

  14.  NSC – Ecological roofs

Full details of a bio-diverse, substrate based (75mm minimum depth) extensive brown/green roof shall be submitted to and approved by the Local Planning Authority, in writing, before construction commences. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON: To enhance the character and ecology of the development, to provide undisturbed refuges for wildlife, to promote sustainable urban drainage, and to enhance the performance and efficiency of the proposed building.

 

  15.  NSC – Secured by Design

The development shall achieve a Certificate for Compliance to Secure by Design or alternatively achieve Secure by Design standards to the satisfaction of the Metropolitan Police, details of which, to include consultation with the police during the construction period, shall be provided in writing to the Local Planning Authority within one month of the completion date.

 

REASON:  To provide a safer environment for future residents and visitors to the site and reduce the fear of crime.

 

16.  Scoping study ………………………

 

17.  Screening ……………………………

 

18.  Removal of gating …………………..

 

19.  Access for Mildmay Club and Star Images ………………..

 

INFORMATIVES (ref. 2008/1954)

 

  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.24   Naming and Numbering

   SI.25   Disabled Person’s Provisions

   SI.27   Regulatory Reform (Fire Safety) Order 2005

SI.28   Refuse Storage and Disposal Arrangements

  SI.33   Landscaping

NSI  With regard to surface water drainage, it is the responsibility of the developer to make proper provision for drainage.  Contact Thames Water, Ph. 0845 850 2777, for further information.

 

 

 

  1.  SCB0 – Development 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.  SCB2 – Commencement within three years (ListedBuilding Consent)

The Development hereby permitted must be begun not later than the expiration of three years beginning with the date of this consent.

 

REASON: In order to comply with the provisions of Section 18(a) of the Planning (ListedBuildings and Conservation Areas) Act 1990 as amended.

 

  3.  SCG6 – Restrictions of Permitted Development Rights

Notwithstanding the provisions of the Town and Country Planning General Development Order 1995 (or any order revoking or re-enacting that Order), planning permission shall be required for the erection of any extensions, outbuildings, or any other external alterations.

    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.  SCM6 – Materials to be approved (entire site)

    Details, including samples, of materials to be used on the external surfaces of 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.

 

  5.  SCM7 – Details to be approved

Detailed drawings/full particulars of the proposed development showing the matters set out below must be submitted to and approved by the Local Planning Authority, in writing, before any work is commenced. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

·  Staffordshire blue engineering facing brickwork details

·  Standing seam oxidized copper sheeting details 

·  Double glazed doors and windows details

·  Double glazed curtain walling details

·  Copper framing details 

·  Paving details

·  Fencing details

 

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.

 

  6.  SCM9 – No extraneous pipework

No soil stacks, soil vent pipes, flues, ductwork or any other pipework shall be fixed to the (street) elevations of the building other than as shown on the drawings hereby 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.

 

  7.  SCT2 – Provision of landscaping as approved

The landscaping hereby approved as part of the development 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 is 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.

 

  8.  SCT3 - Protection of trees on-site during site works

No demolition, site clearance or building operations shall commence until chestnut paling fencing of a height not less than 1.2 metres shall have been erected around each tree or tree group to be retained on the site, at a radius from the trunk of not less than 4.5 metres.  Such fencing is to be maintained during the course of development to the satisfaction of the Local Planning Authority.

 

REASON: In order to protect the existing trees during building operation and site works.

 

    9.  SCT4 – Tree Survey/Retention Plan

A detailed Tree Survey/Retention Plan (plan and schedule) indicating precise location, species, height and condition of each tree accurately plotted and showing which trees are to be retained and which are proposed for felling shall be approved by the Local Planning Authority before any work commences on site.

 

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.

 

  10.  SCH5 – Provision of parking, turning and unloading space

No part of the development hereby approved shall be occupied until accommodation for car parking, turning and loading/unloading has been provided in accordance with the approved plans, and such accommodation shall be retained permanently for use by the occupiers and/or users of, and/or persons calling at, the premises only, and shall not be used for any other purposes.

 

REASON: To ensure that the proposed development does not prejudice the free flow of traffic or public safety along the neighbouring highway(s) and to ensure the permanent retention of the accommodation for parking/ loading and unloading purposes.

 

  11.  SCH8 – Parking for persons with disabilities

    Before the use hereby permitted first commences, at least two car parking spaces shall be marked and retained permanently for use by the vehicles of persons with disabilities at locations close to the entrances to the building(s).

 

    REASON: In order to ensure that a reasonable minimum of parking spaces are located for persons with disabilities prior to occupation.

 

  12.  SCH10 – Provision for cycles

Secure, covered parking shall be provided for 12 bicycles, as shown on the plans hereby approved, before use of the development hereby permitted commences.

 

REASON: To ensure that a reasonable provision is made within the site for the parking of bicycles in the interests of discouraging car use, relieving congestion in surrounding streets and improving highway conditions in general.

 

  13.  SCR2 – Details of refuse storage enclosure

Details of dustbin enclosures (including mandatory recycling facilities), showing the design, external appearance and location thereof, shall be submitted to and approved by the Local Planning Authority, in writing, before construction commences. The development shall not be carried out otherwise than in accordance with the details thus approved. 

 

REASON: To ensure there is adequate provision for dustbin and recycling facilities for the development in the interests of the appearance and amenity of the area.

 

  14.  NSC – Ecological roofs

Full details of a bio-diverse, substrate based (75mm minimum depth) extensive brown/green roof shall be submitted to and approved by the Local Planning Authority, in writing, before construction commences. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON: To enhance the character and ecology of the development, to provide undisturbed refuges for wildlife, to promote sustainable urban drainage, and to enhance the performance and efficiency of the proposed building.

 

  15.  NSC – Secured by Design

The development shall achieve a Certificate for Compliance to Secure by Design or alternatively achieve Secure by Design standards to the satisfaction of the Metropolitan Police, details of which, to include consultation with the police during the construction period, shall be provided in writing to the Local Planning Authority within one month of the completion date.

 

REASON:  To provide a safer environment for future residents and visitors to the site and reduce the fear of crime.

 

INFORMATIVES (ref. 2007/3003)

 

    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.24   Naming and Numbering

     SI.25   Disabled Person’s Provisions

     SI.27   Regulatory Reform (Fire Safety) Order 2005

SI.28   Refuse Storage and Disposal Arrangements

    SI.33   Landscaping

NSI  With regard to surface water drainage, it is the responsibility of the developer to make proper provision for drainage.  Contact Thames Water, Ph. 0845 850 2777, for further information.

 

 

 

Councillor Sharer left the meeting after the discussion of this item.