Agenda item

To demolish all existing buildings on the Woodberry Down Estate, with the exception of St.Olave’s Church, the BeisChinuchLebonosGirls School, Reservoir Centre, Primary School and Health Centre.  Redevelop the site with 4,684 homes (including 41% affordable), comprising 1-bed, 2-bed, 3-bed, 4-bed flats, and 5-bed flats, 5-bed and 6-bed houses with associated car parking at an overall site provision rate of 50%; approximately 38,500m2 of non-residential buildings and associated car parking, including 5,194m2 of retail buildings within classes A1-A5, 3144m2 of class B1 Business use, 30,000m2 of class C1, D1 and D2 use including education, health centre, children’s centre, community centres, youth centre; provision of new civic space, public parks, open space, landscaping of the edges of the New River and the East and West Reservoirs, construction of bridges across the New river; reduce width of Seven Sisters Road from 6 to 4 lanes and related improvements to the public realm; formation of new access points to the new Woodberry Down Neighbourhood , the creation of new and improvement of existing cycle and pedestrian routes to and within the estate (Outline Application matters for determination siting, design and means of access).  Revisions include increase in education floor space; repositioning of cycle/pedestrian bridge between west reservoir and Haringey; re configuration of Woodberry Circus’; relocation of two bridges over New River; increase in footprints and heights of various buildings; provision of a new Health Centre and increase in residential units from 4644 to 4664.

 

(Councillor Desmond arrived during the discussion of this item and so did not take part in the vote.)

 

5.1  The Planning Officer introduced the report as set out in the agenda and reported that the number of units had now increased from 4,644 to 4,664. 

 

5.2  The Chair informed the Committee that the Hackney Homes had been discussed at a previous meeting and that this application purely dealt with planning issues.  He added that anybody wishing to address Hackney Homes issues could contact their ward Councillor.

 

5.3  Councillor Middleton spoke in objection to the scheme, her comments are summarised as follows:

 

§  There was no tower block included on the plan, although it was previously included.

§  No where for residents to go whilst the work was being done.

§  Again, the request for a meeting to be held on-site to discuss this item had been refused.

§  Seven Sisters Roadwas already congested and a reduction in the number of lanes would only add to this problem.  This would also cause a problem for emergency vehicles accessing the site.

§  The narrowing of Seven Sisters Road would also have a knock on effect for traders along Woodberry Grove as car parking spaces would be lost.

 

5.4  Peter Naughton, Chair of Woodberry Down EDC, spoke in support of the scheme with objections, his comments are summarised as follows:

 

§  The scope of the scheme did not reflect the fact that Vivian and Dovedale Houses had now been demolished. 

§  Precise statement of freeholders’ interests had not been produced.

§  The education figures detailed on page 199 of the report did not reflect the fact that there was to be an academy on-site.

§  The parking provision was currently zero, this should be looked as it was not appropriate for the size of the development.  There was also not sufficient provision for commercial parking.

§  Would like to see a priority allocation system for parking and would welcome discussions on this matter.

 

5.5  Robin Smith (Hackney Homes) and Alan Hedge (Architect), spoke in support of the scheme, their comments are summarised as follows:

 

§  This was one of the largest regeneration projects in the UK.

§  The wording for parking provision, detailed in condition t, page 161, should be clarified.

§  Condition e, page 166 – aware that the Government was currently reviewing the Code Levels for Sustainable Homes.  They feel the wording should be consistent with the Old School site and all subsequent reports should be in line with Government guidelines.

 

5.7  With regard to the issue raised by Peter Naughton regarding Vivian and Dovedale Houses had now been demolished, it was requested that an Informative to added to reflect this.  This was AGREED.

 

5.8Discussion took place on the issue of parking, which had not yet been agreed.  The Committee wished to know what was proposed for the 2,000 car parking spaces previously agreed.

 

5.9The Architect informed the Committee that the Council had previously agreed to 50%, with one car parking space being provided for every two flats.  It was proposed that approximately 1,350 spaces would be allocated to private/intermediate properties located underground and approximately 800 spaces allocated for social housing, located on the street.  The parking was proposed to be allocated on a first come, first served basis, with priority to existing residents.

 

5.10  The Chair wished to clarify how the car parking would be managed and the Architect explained that this would form part of a future detailed application to Committee.  The reference to electric vehicles was also to be removed from the condition.

 

5.11  Detailed discussion took place on the Code Level for Sustainable Housing as Robin Smith felt that they should go along with Government legislation and take out the aspiration of Code Level 6 and replace with Code Level 4, as it may already need to be altered if the Government decides that Code Level 6 is unobtainable.  He added that there was also a cost implication of achieving Code 6, which equated to approximately £34,000 per unit.

 

5.12  The Interim Head of Regulatory Services stated that the Code Level for Sustainable Housing was currently 3 and suggested that the condition could be altered to state that the approved housing be constructed to s minimum Code Level 3, with an aspiration for Code Level 4.

 

5.13  The Principal Solicitor also suggested that the aspiration for Code Level 6 be kept in the condition, as part of the twenty year plan, as there was the opportunity for this to be relaxed throughout the life of the scheme, however the Committee could not recommend to enforce up to Code Level 6 in the future.  The Assistant Director of Regeneration and Planning added that contractors were currently calculating measures to achieve Code Level 6 on current technology and this could be reduce throughout the life of the scheme.

 

5.14  The Chair felt that the aspiration for Code Level 6 should remain in condition e, page 166 of the report.  This was AGREED.

 

5.15  The Chair clarified the following conditions to be added to the proposal:

 

1.  Priority for parking be given to existing residents and future family units.  This was AGREED.

2.  Strategy for parking to come back to a future meeting of the Committee.  This was AGREED.

3.  50% for parking should be the maximum, as there was an aspiration for an eco-town in Hackney.  This was AGREED.

 

RESOLVED that:-

 

 

(i)  SCB3 Time limit:

The development to which the permission relates must be begun not later than whichever is the later of the following dates:-

 

a)  The expiry of three years from the date of permission, or

b)  The expiry of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

 

REASON: As required by Section 92(2) of the Town and Country Planning Act 1990.

 

(ii)   Phasing:

The development shall be implemented in accordance with the phasing plan provided in drawing 05111/022/C, titled, “Construction Phases”, unless otherwise agreed in writing by the Local Planning Authority. 

 

REASON: In order that the Local Planning Authority can be satisfied that the phasing of the development will be satisfactory.

 

(iii)   Construction:

  The applicant shall submit and resubmit until such time as approved in writing by the Local Planning Authority and so implemented, the following:

 

a)  Completion of a Construction Environmental Management Programme prior to the commencement of the development

b)  Construction Method Statement prior to commencement of each Phase or Quarter of development

c)  Considerate Contractors Agreement to be agreed by each developer for the relevant Phase or Quarter prior to commencement of each relevant Phase or Quarter.

d)  Provision of parking/loading/visitors for construction of each phases

e)  Provisions shall be made within the site to ensure that all vehicles associated with the demolition and construction of the development hereby approved are properly cleaned. 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: To ensure that the development causes the minimum disruption, environmental effect and harm to local amenity, including the passage of mud and dirt onto the adjoining highway in the interest of highway safety.

 

(iv)   ES Conditions:

a)  The development hereby permitted shall strictly comply with the approved Masterplan drawings unless otherwise approved in writing by the Local Planning Authority.

 

REASON: To ensure that the development is completed in accordance with the Environmental Assessment in compliance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

 

b)  The development hereby permitted shall be carried out in substantial accordance with the illustrative drawings listed in the Schedule at the head of this decision notice unless otherwise approved in writing by the Local Planning Authority.

 

REASON: To ensure that the development is completed in accordance with the Environmental Assessment in compliance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

 

c)  The land uses shall only be located substantially in accordance with the masterplan, titled, “Woodberry Down Outline Planning Application Masterplan” unless otherwise approved in writing from the Local Planning Authority.

 

REASON: To ensure that the development is completed in accordance with the Environmental Assessment in compliance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

 

d)  The siting of buildings shall be substantially in accordance with the masterplan, titled, “Woodberry Down Outline Planning Application Masterplan” unless otherwise approved in writing from the Local Planning Authority.

 

REASON: To ensure that the development is completed in accordance with the Environmental Assessment in compliance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

 

e)  The height and massing of buildings shall be no greater than indicated in the masterplan, titled, “Woodberry Down Outline Planning Application Masterplan” unless otherwise approved in writing from the Local Planning Authority.

 

REASON: To ensure that the development is completed in accordance with the Environmental Assessment in compliance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

 

(v)   Reserved Matters:

This is an outline planning permission and the following matters are reserved for further approval: Design; External Appearance; and Landscaping.  Detailed drawings of the proposed development showing the reserved and other matters, as set out below, must be submitted and resubmitted until such time as approved in writing by the Local Planning Authority and so implemented, before any work is commenced. The application for approval of the reserved matters must be made not later than the expiry of three years, beginning with the date of this permission. The development shall not be carried out otherwise than in accordance with the reserved matters thus approved:

 

a)  The layout of the site to a scale of not less than 1:500 and incorporating:

i)   The siting of all buildings and ancillary structures of each Quarter

ii)  The means of access to and from the site for each Quarter

 

b)  Full plans and elevations of all buildings and other structures showing the design and external appearance of the buildings and structures, and including details of all materials to be used for external surfaces for relevant Phase or Quarter.

c)  The internal layout of the accommodation on each floor, including the size and purpose of the rooms and the position of the fittings and facilities within each unit for the relevant Phase or Quarter.

d)  Details of residential uses of each Phase or Quarter, including size, number, tenure and habitable rooms.

e)  Residential amenity space details for each Phase or Quarter prior to commencement of works to that Phase or Quarter.

f)  The extent and position within the building(s) of the floorspace to be devoted to each use hereby permitted for the relevant Phase or Quarter.

g)  Details of public open space for each Phase or Quarter, detailing: location; boundaries; rights of ownership and maintenance details.

h)  The means of enclosure on all site boundaries, indicating clearly which are existing and which are proposed, and including full details of height, materials and construction for the relevant Phase or Quarter.

i)  The facilities to be provided for the storage and removal of waste materials for the relevant Phase or Quarter.

j)  The provisions to be made within the development to ensure that people with disabilities are able to gain full access to – and make adequate use of – the accommodation to be provided.

 

REASON: To ensure the satisfactory design, layout and external appearance of the development and to ensure that the proposed development does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway.

 

(vi)   Uses:

a)   The development shall provide at least 1936 affordable housing units (41% of the accommodation), with the social housing in each Phase or Quarter to be capable of accommodating all existing residents of social housing accommodation wishing to relocate in that Phase or Quarter in accordance with the overall tenure and accommodation mix. 

 

REASON: To ensure that the development accords throughout all its implementation Phases or Quarter with the Council's and London Plan affordable housing and housing mix planning policy objectives.

 

b)   All social rented units shall be designed to meet ‘Parker Morris + 10%’ accommodation standards as a minimum total floorspace in the relevant dwellings of the development.

 

REASON: To ensure that the development accommodates all residents seeking to return after completion, and to further the Council's and London Plan affordable housing and housing mix policy objectives.

 

c)   The affordable housing in the development shall consist of below market cost housing available to tenants wishing to return after vacating their property as a direct consequence of this development, and other people nominated by the Council and other Local Authorities through its Housing Allocation Scheme and the East London Sub-Region Nominations Protocol whose incomes are insufficient to enable them to afford to meet their housing needs locally within the Borough of Hackney on the open market, and where the rent or price for such housing is reduced directly or indirectly by means of subsidy from the public private or voluntary sector and being either Social Rented Units or Intermediate Housing Units.

 

REASON: To ensure that implementation of the development accords with the Council's and London Plan affordable housing and housing mix policy objectives.

 

d)   Each transfer to a new landlord of an Affordable Dwelling shall:

i)   be with full title guarantee of a leasehold estate for a maximum of 125 years;

ii)  provide, without additional cost to the Approved Registered Social Landlord, vehicular access and foul and surface water sewers and water, gas, electricity and telecommunications service systems for the dwelling linking in each case to the estate roads and service systems to be constructed and laid as part of the remainder of the Development and connected ultimately to highways and sewers maintainable at the public expense;

iii) contain a covenant by the Approved Registered Social Landlord not to amalgamate or sub-divide the Affordable Dwelling so that the Affordable Housing Mix will be maintained by the Approved Registered Social Landlord;

iv) be constructed to the prevailing design and performance requirements and standards set by the Housing Corporation;

v) in respect of a Social Rented Unit contain a covenant  that the Unit is only used and to be used, occupied and retained in perpetuity and for no purpose other than for the provision of Social Rented Housing for occupation by tenants at rental levels being in accordance with the prevailing Housing Corporation rental structure;

vi) in respect of an Intermediate Housing Unit contain a covenant that the Unit is only used and to be used, occupied and retained in perpetuity and for no purpose other than for the provision of Intermediate Housing for occupation by purchasers in accordance with the Intermediate Housing Scheme.

REASON: To ensure that implementation of the development accords with the Council's and London Plan affordable housing and housing mix policy objectives.

 

e)   Intermediate Housing, being affordable housing available on a shared ownership basis (in accordance with the (London??) Intermediate Housing Scheme) shall be occupied by persons who at the commencement of their occupancy are in need of intermediate housing in terms set out in Paragraph 3.37 of the London Plan 2008 and the Mayor of London’s Strategic Housing Strategy published September 2007 as revised from time to time.

 

REASON: To ensure that implementation of the development accords with the Council's and London Plan affordable housing and housing mix policy objectives.

 

f)   Not to Occupy, suffer or permit Occupation and/or use suffer or permit the use of any of the Open Market Dwellings unless or until:

 

(i).   the Affordable Dwellings have been transferred or agreed to be transferred to an Approved Social Registered Landlord in accordance with the Affordable Housing Terms;

(ii).   the works of construction, conversion and fitting out of the Affordable Dwellings have been fully completed; and

(iii)   the Planning Obligations Monitoring Officer has confirmed in writing to the Owner that the Affordable Dwellings have been constructed and are ready for Occupation in accordance with the covenants contained in this Agreement PROVIDED THAT this sub-clause shall be deemed to have been complied with if no written communication has been received from the Planning Obligations Monitoring Officer within 28 working days of the date on which the Affordable Dwellings were inspected;

 

REASON: To ensure that implementation of the development accords with the Council's and London Plan affordable housing and housing mix policy objectives.

 

a)  The development shall ensure that there are suitable arrangements to ensure implementation and management thereafter of all the new health and community facilities, primary and secondary education so as to serve the identified needs of additional residents in the completed development, in accordance with details to be approved and put into effect prior to occupation of any of the development. 

 

REASON: To ensure that provision is made for health and educational needs arising from the development, in accordance with Policy CS2 of the Hackney UDP.

 

b)  Details of a suitable (site-specific or area-based) construction training and local labour recruitment programmes aimed at enhancing access to employment and acquisition of construction and allied skills shall be approved in writing and implemented or utilised as an integral part of the demolition and construction programme for the development. 

 

REASON: To ensure that provision is made for educational needs arising from the development, in accordance with Policy CS2 of the Hackney UDP.

 

c)  All new health, educational and other community facilities located in buildings which also contain new dwellings shall be constructed and fitted out and details of a suitable management body approved prior to occupation of any of the dwellings within that part of the development. 

 

REASON: To ensure that provision is made for community groups and activities to serve residents within the development, in accordance with Policy CS2 of the Hackney UDP.

 

(xix)  Open Space and Play Spaces

 

a)   Details of management arrangements to secure the maintenance of internal roads, play and public open spaces and landscape shall be approved prior to commencement of any new development.

 

REASON: To ensure that open areas of the site do not deteriorate visually, in the interests of visual amenity across this substantial area. 

 

a)  The playspaces shown in the Play Strategy shall be laid out ready for use prior to occupation of any dwellings in the adjoining blocks served by the play space.

 

REASON: To ensure that these play spaces are available to serve the development, in accordance with the play provision policies in the Hackney UDP and London Plan.

 

e)   Before development commences, details of all publicly accessible open space shall be submitted and resubmitted until such time as approved in writing by the Local Planning Authority.  Development shall be in accordance with the approved details.

 

REASON: In order that the Local Planning Authority may be satisfied as to the details of the proposals in relation to policy OS2 of the Adopted UDP.

 

f)   A level access shall be provided to all ground floor units 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.

 

g)   Prior to the commencement of each Phase or Quarter, a statement of viability shall be submitted in support of the housing mix proposed, and bringing forward running totals and estimates of achievement of the quantum and tenure of housing in the Woodberry Down.

 

h)   In the event of no transfer to a registered social landlord proposals for setting up a local management board or acceptable organisation shall be submitted and resubmitted until approved in writing by the Local Planning Authority for approval prior to first occupation of any of the proposed affordable housing.

 

  REASON: To ensure that the delivery and retention of affordable housing is facilitated, in accordance with UDP and London Plan policies. 

 

(vii)   External Appearance:

 

a)  Full details, including samples, of the materials to be used on the external surfaces of the building, including glazing, for each relevant Phase or Quarter shall be submitted and resubmitted until such time as approved in writing by the Local Planning Authority before any work commences on site and so implemented. 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.

 

b)  A landscaping scheme illustrated on detailed drawings for each Phase or Quarter shall be submitted to and approved by the Local Planning Authority, in writing and so implemented, 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 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.

 

c)  Full details of all ground surface treatment to the site shall be submitted and resubmitted until such time as approved in writing by the Local Planning Authority and so implemented, 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 visual amenity of the area.

 

(viii)   Highways/TfL:

  This is an outline planning permission and the following matters are reserved for further approval: Design; External Appearance; and Landscaping. Detailed drawings of the proposed development showing the reserved and other matters, as set out below, must be submitted and resubmitted until such time as approved in writing by the Local Planning Authority and so implemented, before any work is commenced within the relevant Phase or Quarter. The application for approval of the reserved matters must be made not later than the expiry of three years, beginning with the date of this permission. The development for each relevant Phase or Quarter shall not be carried out otherwise than in accordance with the reserved matters thus approved:

 

a)  The layout of the site to a scale of not less than 1:500 and incorporating:

  1.   Car parking details at a maximum provision of 50% per unit and further limited parking at locations where development is well serviced by public transport;

  Details of car parking provisions and facilities for Use Classes A1-3 and D uses for each relevant Phase or Quarters;

  2.  Details of proposed Controlled Parking Zones to the relevant Phase or Quarters;

  3.  Details of cycle parking provisions including numbers, covered and secure provisions for each Phase or Quarter;

  4.  Details of a quiet route through the site for cyclists;

  5.  Details of all bus stands/stops to be approved by TfL and LPA;

  6.  Details of alterations to Seven Sisters Road, including the proposed Circus

  7.  Details of any proposes works to FinsburyPark entrance

  8.  Details of all emergency access arrangements suitable for police, fire and ambulance service use.

 

b)  Details of car and cycle clubs for each relevant Phase or Quarters;

b.  All public rights of way to be preserved to allow a maximum accessibility and include a provision of a minimum of 2m wide footpaths with safe even surfaces and road crossings suitable for wheelchair users;

c.Full details of land ownership and adoption for each Phase or Quarter

d.  Details of highway improvements around Manor House station prior to commencement of works to the station

 

REASON: To ensure the satisfactory design, layout and external appearance of the development and to ensure that the proposed development does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway.

 

c)  Before the use hereby permitted first commences, at least 10% of the units (provision for 2 or more bed units) car parking spaces shall be marked and retained permanently for use by the vehicles of people 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 conveniently for use by people with disabilities.

 

d)  Safety Audit Stages 1 and 2 – Safety in Design

 

e)  Secure by Design – The layout shall be tested for safety along with building security.

 

f)  Adequate visibility shall be provided to the highway within the application site above a height of one metre from footpath level for a distance of three metres on one/both side(s) of the permitted points of vehicular access, in accordance with details to be approved by the Local Planning Authority before any work on the site is commenced, and be so maintained.

 

REASON: To provide a suitable standard of visibility to and from the highway and to ensure that the use of the access does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway.

 

g)  Details of other new roads prior to commencement of each Phase or Quarter of development

 

h)  The layout of the site to a scale of not less than 1:500; incorporating full details of Junctions 1 to 18.

 

REASON: To ensure the satisfactory design, layout and external appearance of the development and to ensure that the proposed development does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway. 

 

j)  The layout of the site to a scale of not less than 1:500; incorporating full details of modified roads for each Phase or Quarter.

 

REASON: To ensure the satisfactory design, layout and external appearance of the development and to ensure that the proposed development does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway. 

 

k)  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.

 

l)  Vehicular access to the site shall be only via the permitted access.

 

REASON: In order to confine access to the permitted point(s) to ensure that the development does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway.

 

m)  Prior to first occupation of respective Phases or Quarters of the proposed new residential development, a Travel Plan (including information on sustainable transport) shall be submitted and resubmitted until such time as approved in writing by the Local Planning Authority. The Travel Plan shall then be implemented prior to occupation of the relevant housing areas, and shall be so maintained for the duration of the use, unless prior written approval of the Local Planning Authority is obtained in writing.

 

REASON: To ensure that the travel arrangements to the school are appropriate and to limit the effects of the increase in travel movements.

 

n)  Prior to first occupation of the proposed retail/ commercial, schools, business/training centre health and community centres and all other non-residential uses, Travel Plans for the respective uses and/or Phases or Quarters shall have been submitted to and approved by the Local Planning Authority. The Travel Plan shall then be implemented prior to the use commencing and shall be so maintained for the duration of the use, unless prior written approval of the Local Planning Authority is obtained in writing.

 

REASON: To ensure that the travel arrangements to all of the non-residential uses and facilities are appropriate and to limit the effects of the increase in travel movements.

 

o)  Details of continuing implementation and monitoring of the Travel Plans as required in Conditions (m) and (n) shall be submitted and resubmitted until such time as approved in writing by the Local Planning Authority to enable monitoring for a period of 2 years from first occupation of these uses.

 

REASON: To ensure that the travel arrangements are appropriate, and to limit the effects of the increase in travel movements.

 

p)  No commencement of construction on Junctions 1 – 18 shall take place until the Local Highway authority has signified full approval of the works proposed through a suitable formal Agreement.

 

q)  Within two months of completion of each Phase or Quarter of the proposed development, as identified on the application drawings, all redundant accesses located within the area of development of that Phase or Quarter and not incorporated in the development shall be permanently closed with the kerbs, footway and verge reinstated in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

 

REASON: To limit the number of access points along the site boundary for the safety and convenience of highway users in accordance with Policy TR19 of the UDP.

 

r)  No construction shall commence until such time as the Applicant has entered into a legal Agreement with the Council pursuant to S278 Highways Act 1980 substantially in the format appended at Second Schedule to cover all works to the public highway, including such matters as highway layout and junction alterations, new parking bays and pavement works.

 

  REASON: To ensure that details of construction and implementation are acceptable in highway terms.

 

s)  No construction shall commence until such time as the Applicant has entered into a legal Agreement with the Council pursuant to S38 Highways Act 1980 substantially in the format appended at the Fourth Schedule to cover the adoption of all new sections of the public highway, including such matters as highway layout and junctions, new parking bays and pavements/ cycle routes.

 

  REASON: To ensure that details of construction and implementation are acceptable in highway terms.

 

t)  Prior to occupying any residential dwelling forming part of the Development each new resident of the Development shall be informed by the relevant Owner of the Council's policy that they shall not be entitled (unless they are the holder of a disabled persons badge issued pursuant to Section 21 of the Chronically Sick and Disabled Persons Act 1970) to be granted a Residents Parking Permit to park a vehicle in a Residents Parking Bay and will not be able to buy a contract to park within any car park owned, controlled or licensed by the Council.

u)   This permission shall not include details of the siting of the two foot/cycle bridges shown across the New River (northern section) or their linkages on to Eade Road, Haringey and areas beyond, which shall be the subject of separate applications to Hackney and Haringey Councils as the Local Planning Authorities for each side of this part of New River.

 

REASON (NSC) To enable the detailed routing, design and related amenity issues arising on both sides of New River to be considered when detailed proposals for the bridges are ready to be brought forward at the appropriate Phase of the Woodberry Down redevelopment. 

 

(ix)   Environment Agency:

 

a)  A buffer zone a minimum of 5 metres wide, measured from the bank top, alongside the New River for the full extent of the site shall be established in accordance with details which shall be submitted to and resubmitted as necessary until approved in writing by the Local Planning Authority before the development commences, and so implemented. Bank top is defined as the point at which the bank meets the level of the surrounding land. The width of this buffer zone may have to be increased beyond 5 metres if any buildings bordering the buffer zone are greater than two storeys in height. The buffer zone should be planted and free from all hardstanding, fences or formal/ornamental gardens. 

 

REASON: To maintain the character of the watercourses and provide undisturbed refuges for wildlife using the river corridor.

 

b)  All planting within the 5m buffer zone to the New River shall be only of locally native plant species, of UK genetic origin.

 

REASON: Use of locally native plants in landscaping is essential to benefit local wildlife and to help maintain the regions natural balance of flora. Native insects, birds and other animals cannot survive without the food and shelter that native plants provide - introduced plants usually offer little to our native wildlife. Local plants are the essence of regional identity and preserve the character of the British landscape. Local plants are adapted to local soils and climate, so have low maintenance requirements. In addition, planting locally native plants helps to prevent the spread of invasive plants in the region.

 

c)  A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas including the buffer zone, other than small, privately owned, domestic gardens shall be submitted and resubmitted until approved in writing by the Local Planning Authority before the development commences, and so implemented. The landscape management plan shall be carried out as approved. 

 

REASON: To protect/conserve/enhance the natural features and character of the area.

 

d)  All water crossings shall be by clear spanning structures (from banktop to banktop) that will not impede the river corridor and allow the migration of both channel and bank species. Bridges should be designed to have a minimum impact upon the watercourse, with the abutments set back from the watercourse on both banks to provide a strip of natural bank top beneath the bridge. They should, preferably, be as high and as small as practical. Footbridges should be constructed with open board treads to allow light through to the bank and channel below. 

 

REASON: Clear-spanning bridges will maintain a continuous buffer zone and provide a corridor for the passage of wildlife and reduce the risk of pollution from run-off.

 

e)  There shall be no hard engineered bank protection works or re-profiling of the bank beneath or around any bridge over the New River.  

 

REASON: This condition is necessary to maintain the continuity of the wildlife corridor along the New River. 

 

REASON: To ensure this continuity is retained, it is important that the area beneath the bridge is not lost to concrete or other such hard material used for bank protection.

 

f)  Any artificial lighting within the development shall be of a focused and directional nature to ensure that there is no light spill into the buffer zone. 

 

REASON: Artificial light can harm the ecology of an area through disruption of the natural diurnal rhythms of wildlife. The river channel with its wider corridor should be considered Intrinsically Dark Areas and treated as recommended under the Institute of Lighting Engineers "Guidance Notes for the Reduction of Light Pollution".

 

g)  There shall be no storage of materials within the 5 metre buffer zone to the New River. This must be suitably marked and protected during development and there shall be no access within this area during development. There shall be no fires, dumping or tracking of machinery within this area.

 

REASON: To prevent solid materials from entering the watercourses and causing pollution. To reduce the impact of the proposed development on the existing buffer zone and the movement of wildlife along the river corridor.

 

h)  No development approved by this permission shall be commenced until details of the use, handling or storage of any hazardous substance included in the Schedule to the Planning (Hazardous Substances) Regulations 1992 has been submitted and resubmitted until approved by the Local Planning Authority, and so implemented. 

 

REASON: To prevent pollution of the water environment, by the use, handling or storage of hazardous substances in lesser quantities than prescribed in the regulations.

 

i)  The construction of the planned drainage system shall be carried out in accordance with details submitted and resubmitted until approved in writing by the Planning Authority before the development commences, and so implemented. 

 

REASON: To prevent pollution of the water environment.

 

j)  No development approved by this permission shall be commenced until the Local Planning Authority is satisfied that adequate sewerage infrastructure will be in place to receive foul water discharges from the site. No buildings (or uses) hereby permitted shall be occupied (or commenced) until such infrastructure is in place.

 

REASON: To prevent pollution of the water environment.

 

k)  No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. 

 

REASON: to prevent pollution of controlled waters.

 

l)  Surface water source control measures shall be carried out in accordance with details which shall be submitted and resubmitted until approved in writing by the Local Planning Authority before development commences, and so implemented.  In order to discharge this condition, we require that the following information be provided:

 

1.   A clearly labelled drainage layout plan showing pipe networks and any attenuation ponds, soakaways and drainage storage tanks. This plan should show any pipe 'node numbers' that have been referred to in network calculations and it should also show invert and cover levels of manholes.

2.  Confirmation of the critical storm duration.

3.  Where infiltration forms part of the proposed stormwater system such as infiltration trenches and soakaways, soakage test results and test locations are to be submitted in accordance with BRE digest 365.

4.  Where on site attenuation is achieve through attenuation ponds or tanks, calculations showing the volume of these are also required.

5.  Where an outfall discharge control device is to be used such as a hydrobrake or twin orifice, this should be shown on the plan with the rate of discharge stated.

6.  Calculations should demonstrate how the system operates during a 1 in 100 year critical duration storm event. If overland flooding occurs in this event, a plan should also be submitted detailing the location of overland flow paths.

 

REASON:  To prevent the increased risk of flooding and to improve water quality. The above information should reflect the drainage strategy submitted as part of the outline planning application.

 

(x)   Environmental Health:

 

b)  Details of Street Cleansing arrangements for each Quarter to be submitted and resubmitted until such time as approved in writing by the Local Planning Authority prior to commencement of construction, and

 

REASON: To ensure the implementation of the Council’s street cleansing policies.

 

c)  Details of a Waste Management and Recycling Plan to be submitted and resubmitted until such time as approved in writing by the Local Planning Authority prior to the occupation of each Quarter or Phase. 

 

REASON: To ensure the implementation of the Council’s waste management and recycling policies. 

 

(xi)   Renewable Energy & Other Sustainability Issues:

 

a)  Before development commences for each Quarter, details for compliance with the Woodberry Down Energy Strategy with an Energy Demand Assessment and detailing renewable energy technologies and energy efficiency measures in the development shall be submitted and resubmitted until such time as approved in writing by the Local Planning Authority, and so implemented.  The submitted details shall include an assessment of how the inclusion of renewable energy technologies will contribute towards the reduction of carbon emissions from the development.  The development shall be carried out in accordance with the approved details.

 

REASON: To ensure the proposed development contributes towards the objectives of the Mayor’s Energy Strategy in accordance with Policies 4A.7 and 4A.9 of the London Plan.

 

b)  Prior to commencement of development full details of the locations of the proposed biomass facilities, including all associated storage, and a strategy for managing deliveries to these facilities are to be submitted and resubmitted until such time as approved in writing by the Local Planning Authority and the development shall be constructed and operate thereafter fully in accordance with the approved details.

 

REASON: In the interests of maintaining free-flow of traffic and preventing adverse impact on highway safety in accordance with the principles set out in the Hackney UDP.

 

c)  Prior to commencement of development full details of the locations of the proposed wind turbine facilities are to be submitted and resubmitted until such time as approved in writing by the Local Planning Authority and the development shall be constructed and operate thereafter fully in accordance with the approved details.

 

REASON: To ensure the satisfactory design, layout and external appearance of the development and to ensure that the proposed development does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway.

 

d)  Before development commences for each Quarter, full details and locations of the proposed Energy Centre locations for each Quarter or Phase detailing renewable energy technologies and energy efficiency measures in the development shall be submitted and resubmitted until such time as approved in writing by the Local Planning Authority.  The submitted details shall include an assessment of how the inclusion of renewable energy technologies will contribute towards the reduction of carbon emissions from the development.  The development shall be carried out in accordance with the approved details.

 

REASON: To ensure the proposed development contributes towards the objectives of the Mayor’s Energy Strategy in accordance with the London Plan.

 

e)  The approved housing shall be constructed to a minimum Code for Sustainable Homes Level 4 standard in the case of Phase 1, to reach Level 6 by later Phases or Quarters of the development at a rate to be agreed through submission of Reserved Matters for each subsequent Phase or Quarter. Details of the independent code assessor’s report shall be submitted prior to any work occurring on the relevant part of the development. Details of the final Code Assessment for dwellings or groups of dwellings shall be submitted and approved in writing as soon as they have been carried out, prior to first occupation of those dwellings.

 

  REASON: To ensure that the development makes a contribution to the energy and resource efficiency priorities and other sustainability objectives which are embodied in the government’s Code for Sustainable Homes accreditation scheme.

 

f)  Full details of a biodiverse, substrate-based (75mm minimum depth) extensive 'brown/green’ roof 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 enhance the character and ecology of the development and the river corridor, to provide undisturbed refuges for wildlife, to promote sustainable urban drainage and to enhance the performance and efficiency of the proposed building.

 

h)  Before development commences in each Phase or Quarter, details of how the following measures are being utilised shall be submitted to and approved in writing by the Local Planning Authority:

 

·  Water recycling measures

·  Sustainable Urban Drainage Systems

·  Recharging points for electric vehicles

 

  REASON: To minimise cumulative flood risk promote, sustainable urban drainage and to maximise opportunities for new forms of more sustainable transport.

 

(xii)  Contamination:

  Prior to the commencement of works, a detailed site investigation for each Phase or Quarter shall be carried out to establish if the site is contaminated, to assess the degree and nature of the contamination present, and to determine its potential for the pollution of the water environment. A soil contamination report shall be submitted to – and appropriate remedial measures agreed with – the Local Planning Authority, in writing, and implemented prior to the commencement of any work on site.

 

  REASON: To establish whether there are any land decontamination measures required to prepare the site for development.

 

(xiii)   Archaeology:

  No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation for each Phase or Quarter, which has been submitted and resubmitted until such time as approved in writing by the Local Planning Authority. The development shall only take place in accordance with the detailed scheme approved pursuant to this condition. The archaeological works shall be carried out by a suitably qualified investigating body acceptable to the Local Planning Authority.

 

  REASON: To safeguard the archaeological interest of the site, which is within an Area of Archaeological Priority.

 

(xiv)   Trees & Landscape, Play Areas:

a)  Before development commences in each Phase or Quarter, 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 submit and resubmitted until such time as approved in writing 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.

 

b)   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.

 

d)  A detailed landscape and open space Strategy for the whole Woodberry Down site shall be submitted and resubmitted until approved in writing by the Local Planning Authority, and so implemented throughout each Phase or Quarter.

 

REASON: To accord with UDP and London Plan policies for maintenance and enhancement of the open environment and landscape. 

 

d)  A detailed Play Strategy shall be submitted and resubmitted until approved in writing by the Local Planning Authority for each Phase or Quarter of the development, to be consistent with the aims and content of the Masterplan. 

 

REASON: To accord with UDP and London Plan policies for creation and maintenance of safe and convenient play facilities both near to housing and on a larger scale to serve the development and area. 

 

e)  The site-wide sustainable drainage system shall be provided in accordance with the submitted flood risk assessment document under the master plan application dated March 2008.

 

REASON: To accord with London Plan and UDP flooding and water conservation policies.

 

(xv)   Lighting:

a)   Prior to the commencement of the development, details of a lighting strategy for the development site shall be submitted and resubmitted until such time as approved in writing by the Local Planning Authority, setting out the general distribution and design guidelines for all installations in the development and its public realm areas in accordance with the Council's adopted Public Realm Design Guide, and so implemented.

 

  REASON: To ensure that the principles of location and design of external lighting are acceptable in terms of adopted design principles, including the Woodberry Down Design Code, and enhance public safety and crime prevention.

 

b)   Prior to the development commencing in the relevant Phase or Quarter, details of lighting of all public areas shall be submitted and resubmitted until such time as approved in writing by the Local Planning Authority. The approved lighting shall be installed before any use in the relevant Phase or Quarter commences and maintained thereafter.

 

  Prior to the commencement in the relevant Phase or Quarter, full details of the lighting of all buildings shall be submitted.  The approved lighting shall be installed before the relevant use and maintained thereafter.

 

  REASON: To ensure that the detailed location and design of external lighting are acceptable in terms of adopted design principles, including the Woodberry Down Design Code, and enhance public safety and crime prevention.

 

(xvi)   Noise/Extraction

 

1. Before development commences in each Phase or Quarter, a scheme for sound insulation and noise control measures should be submitted and resubmitted until such time as approved in writing by the Local Planning Authority, and permanently retained thereafter to achieve the following internal noise targets:

 

Bedrooms (23.00-07.00 hrs) 35 dB L_Aeq,  and 45 dB L_{max (fast)}

 Living Rooms (07.00-23.00 hrs) 40 dB L_Aeq

 

 2. The rating level of the noise emitted from fixed plant on the site shall be 10dB below the existing background level at any time. The noise levels shall be determined at the façade of any noise sensitive property. The measurements and assessments shall be made according to BS4142:1997.

 

3. No development shall commence on site until detailed plans and a specification of the appearance of and the equipment comprising a ventilation system which shall include measures to alleviate noise, vibration, fumes and odours (and incorporating active carbon filters, silencer(s), and anti?vibration mountings where necessary) have been submitted and resubmitted until such time as approved in writing by the Local Planning Authority.  After the system has been approved in writing by the authority, it shall be installed in accordance with the approved plans and specification before the development hereby approved first commences, and shall thereafter be permanently maintained in accordance with the approved specification.

 

4. With reference to 2 above, details of CHP plants and in particular the acoustic data to be forwarded to this department for approval prior to planning approval.

 

5. No development shall commence on site (including site clearance) until such time as an Environmental Management Plan has been submitted and resubmitted until such time as approved in writing by the Local Planning Authority, which shall be required to cover the following items:

 

a)   Dust mitigation measures

b) The location of plant and wheel washing facilities and  operation of such facilities

c)  Details of measures to be employed to mitigate against nose and vibration arising out of the construction process demonstrating best practical means

d)  Construction traffic details (volume of vehicle movement likely to be generated during the construction phase including routes and times)

e)  Security Management (to minimise risks to unauthorised personnel)

f) Training of Site Operatives to follow the Environmental Management Plan requirements

 

6. Full written details, including relevant drawings and specifications, of the proposed works of sound insulation against airborne noise to meet D'_nT,w + C_tr dB of not less than 55 between the ground floor and first floor, where residential parties non domestic use, shall be submitted and resubmitted until such time as approved in writing by the Local Planning Authority. The use hereby permitted shall not commence until the sound insulation works have been implemented in accordance with the approved details. The sound insulation shall be retained permanently with the approved details.

 

(xvii)   Nature Conservation

 

a)   A nature conservation strategy shall be submitted both for the overall Woodberry Down development and for each Phase or Quarter, consistent with the Masterplan proposals to show how baseline conditions for species and habitats are maintained and where possible enhanced. Further details and consideration of the following shall be incorporated: 

 

·   Impacts of disturbance on gadwall and other water birds which commute between the site and the Lea Valley Special Protection Area.

·   Assessment of impacts (positive and negative) on ecology and access to nature along the New River in respect to detailed access and landscaping.

·   More detailed consideration and, if necessary, mitigation of impacts on the common toad, now a UK Biodiversity Action Plan priority species.

·   Conditions to minimise impacts of lighting on bats and waterfowl.

·   Opportunities for further mitigation and enhancement of the river and reservoirs

 

(xviii)   Technical Reports

 

a)   Prior to the occupation of each Phase or Quarter of development, a TV reception survey shall be submitted and resubmitted until such time as approved in writing by the Local Planning Authority (carried out pre and post development) to ensure that no loss of reception occurs, with mitigation details of any loss of TV reception.

 

  REASON: To minimise any loss of amenity for existing occupiers.

 

(xix)   Permitted Development Rights – Dwelling-Houses and other Buildings

 

a)   No buildings, extensions or alterations permitted under Classes A,B,C,D and E shall be carried out without prior written approval from the Local Planning Authority.

 

REASON: To enable the Local Planning Authority to consider the acceptability of extensions or alterations in relation to their impact on garden size, neighbours and external appearance of the building(s).

 

b)   No plumbing or pipes, other than rainwater pipes shall be fixed to the external faces of the buildings

 

  REASON: To ensure that the elevations as approved at detailed stage are not cluttered with pipework which may detract from their external appearance.

 

(xx)  Section 106 Agreement

 

(a)  No part of the development or any related operations shall commence until such time as a legal Agreement with the Council pursuant to Section 106 of the Town & Country Planning Act 1990 substantially in the format appended at the Third Schedule has been entered into to secure contributions to achieve the following infrastructure and mitigation measures necessary to acceptable development of the site:

 

Transport 

i)  Highway works to upgrade Seven Sisters Road and create a landscaped boulevard linking the two parts of Woodberry Down (£4.7m) and internal road layout works

ii)  Transport impact mitigation, including improvements to bus capacity (£270,000) and new pedestrian and cycle routes

iii)  Requirement to carry out and monitor the Travel Plans for the site (£25,000)

iv)  Study to extend or create a new Controlled Parking Zone (CPZ)(£20,000) – in the event of introduction of a CPZ, new residents within subsequent Phases or Quarters of the development that, at the time the CPZ comes into being, have reserved matters relating to that Phase yet to be approved, shall not to be eligible for on-street parking permits

v)  Introduction and running of Car Club to cover the site (£100,000)

 

Community 

vi)  Contribution to Library facilities (£263,000)

vii)  Provision of Public Art (£100,000)

viii)Provision of Youth Centres and facilities (£400,000)

ix)  Provision of Three satellite community facilities (£1m)

x)  Laying out and maintenance of strategic and communal open spaces (Costs to be confirmed)

 

Community Safety

xi)  Provision of Site-wide CCTV system (£150,000)

 

Education

xii)  Contributions to layout and boundary relationship with City Academy(£700,000)

xiii)WoodberryDown Primary School improvements (£6.5m)

xiv)New Children’s Centre (£700,000)

xv)  New Adult Learning Centre (£2m)

 

Energy & Sustainability

xvi)Provision of Community Heat & Power & other technologies to advance site-wide use of renewable energy (estimated. C. £10m)

xvii)  Achievement of highest possible Assessment levels across the site under Code for Sustainable Homes

 

  REASON: (NSC) To ensure that this major urban redevelopment is founded on the physical and other infrastructure necessary to achieve an environmentally and socially sustainable community. 

 

 

Priority for parking be given to existing residents and future family units.  This was AGREED.

2.  Strategy for parking to come back to a future meeting of the Committee.  This was AGREED.

3.  50% for parking should be the maximum, as there was an aspiration for an eco-town in Hackney.  This was AGREED.  

 

  INFORMATIVES

  (SI.1) Building Control

(SI.2) Work Affecting Public Highway

(SI.3) Sanitary, Ventilation and Drainage Arrangements

(SI.7) Hours of Building Works

(SI.24) Naming and Numbering

(as Environment Agency letter of 2.10.08) Conservation

(as Environment Agency letter of 2.10.08) Soil Remediation

(as Environment Agency letter of 2.10.08) Discharge

(as Environment Agency letter of 2.10.08) Potential Contamination

(as Environment Agency letter of 2.10.08) Abstraction Licence

(EA) Geothermal systems

It is recommended that the principal contractor applies for Section 61 consent under Control of Pollution Act 1974 for prior consent for demolition/construction phases.

(NSI): The London Plan (policies 3A.1: 3A.2: 3A.5: 3A.10: 3A.13: 3A.18: 3A.20: 3A.21: 3B.1: 3B.11: 3C.1: 3C.2: 3C.3:  3C.20:  3C.21: 3C.23: 3D.10: 3D.14: 4A.3: 4A.4: 4A.7:  4A.19: 4A.20: 4B.1: 4B.2: 4B.3: 4B.4: 4B.5: 4B.8: 4B.9: 4B.11 & 5C.1) and also 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, EQ16, EQ18, EQ46, EQ48, HO3, E14, E18, R4, R8, TR19, ACE6 and ACE8. The detailed application of these policies is also summarised at paragraph 9.2 of this report.

In deciding to grant planning permission the Council has also had regard to the relevant Policies of the Woodberry Down Area Action Plan – Supplementary Planning Guidance, August 2004, as well as relevant national and regional guidance.