Agenda item

Land adjacent to 81/83 & 85 Mount Pleasant Lane, E5 9EW

Decision:

 

RESOLVED that:

 

A)  Planning permission be GRANTED, subject to conditions.

 

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

 

 

Minutes:

Erection of a four-storey building with balconies to provide nine residential units (comprising 1 x 4 bed flat, 2 x 3 bed flats, 1 x 2 bed flat and 5 x 1 bed flats), together with the creation of new access drive with gated entrance off Mount Pleasant Lane, provision of one disabled car parking space, provision of nine cycle spaces and provision of refuse/recycling store facilities.

 

9.1  The Planning Officer introduced the report as set out in the agenda.  Reference was made to the addendum which stated that a petition signed by 29 local residents had been received by email on 13 October.  The main objections and responses to these were detailed within the addendum.

 

9.2  Brian Eley and Constanze Schmidt, spoke in objection to the scheme, their comments are summarised as follows:

 

  • Speaking on behalf of 28 residents who had submitted a petition and they felt their concerns had not been addressed.
  • Concern over the proposed access to the properties, as the driveway was only 2.4m wide.
  • No turning circle provided and only 1 disabled parking space.  Emergency services vehicles will not be able to access the site.
  • Concerned over the waste storage being provided
  • Loss of tree at the junction to the site.
  • Too dense for the backland site.
  • There were already too many vehicles in the local area, this development would only add to this problem.

 

9.3  Councillor Buitekant wished to clarify whether the fire service was able to access the site and the Planning Officer explained that they would not be able to access the properties through the driveway, however a fire hydrant was usually provided in such cases.  She added that this issue would be dealt with at the building regulations stage.

9.4  In response to a query over the density of the proposed development, it was stated that the size of the development did comply with the density figures stated within in the London Plan.

 

9.5  Discussion took place on the issue of access and the Committee was asked to refer to paragraph 4.7.4 of the report which detailed how the access to the site had been improved in subsequent proposals.

 

9.6  The Highways Officer added that 3.7m was the minimum width for access for a site, however in some cases this had to be reduced, depending upon the number of car parking spaces being provided.  In this case only one disabled parking space was being provided and although they were not happy with the proposal they were prepared to accept the level of access.

 

9.7  Discussion took place on the refuse storage as it was identified that refuse vehicles would not be able to access the site.  It was requested that a condition be added for the landscaping to be looked at, to include the location of the refuse storage.  This was AGREED.

 

9.8  The Interim Head of Regulatory Services stated that a way of addressing the access issue could be for the development to be car free.  The applicant indicated that he would be happy with this proposal.  This was AGREED.

 

9.9  The Committee also requested that the number of cycle spaces be increased from nine to twelve.  This was AGREED.

 

Councillor Buitekant voted against the recommendation.

 

Councillor Desmond abstained from the vote.

 

RESOLVED that:

 

A) Planning permission be GRANTED, subject to the following conditions:

 

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.  SCM2 – Materials to be Approved

  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.

 

4.  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.

·  windows and doors including sections.

·  cycle store

 

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.  SCR2 – Dustbin Enclosures

Details of refuse and recycling storage enclosures showing the design 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 adequate refuse and recycling store enclosures in the interests of the appearance of the site and area.

 

6.  SCH10 – Provision for Cycles

Space shall be made available for the secure parking of nine cycles within the site/development/building before the use is first commenced.

 

REASON: In order to ensure the satisfactory development of the site.

 

7.  SCR4 – Wheelchair Accessible Homes

The housing units proposed to be located on the ground floor must be designed to wheelchair standards and be in accordance with details to be submitted to and approved by the Local Planning Authority.

 

REASON: In the interests of providing satisfactory and convenient housing accommodation for persons with disabilities.

 

8.  SCH8 – Parking for persons with disabilities

Before the use hereby permitted first commences, the permitted car parking space shall be marked and retained permanently for use by the vehicles of persons with disabilities.

 

REASON: In order to ensure that a functional parking space is retained and available for the use of persons with disabilities.

 

9.  SCH11 – Adequate visibility at entrance

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.

 

10.  SCL10 Archaeological Investigation

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 which has been submitted by the applicant and approved by the Council, as 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 Council. 

 

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

 

11.  NSC – Noise

The building shall be constructed so as to provide insulation against external noise to achieve levels not exceeding 35dB LAeq (night) and 45 dB LAmax (measured with F time weighting) for bedrooms, 40dB LAeq (day) for other habitable rooms with windows shut and other means of ventilation provided.  Details of the alternative ventilation scheme must also be provided to the Local Planning Authority prior to installation.  A test shall be carried out prior to the discharge of this condition to show that the required standard of sound insulation shall be met and the results shall be submitted to the Local Planning Authority for approval.

 

REASON:  In the interest of the residential amenity of the future occupiers of the hereby permitted development.

 

12.  NSC – Sedum Green Roof
Full details of a bio-diverse, 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 create or enhance the site's biodiversity and to contribute to a sustainable urban drainage system as required by the London Plan.

 

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

1.  Contribution of £27,006.00 towards education based on calculation within the Supplementary Planning Document.

 

INFORMATIVES

 

The following Informatives should be added:

 

SI  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), EQ41 (Development Close to existing sources of noise), HO3 (Other sites for housing) and TR19 (Parking Standards)

 

The following policies contained in the London Plan 2008 are relevant to the approved development and were considered by this Council in reaching the decision to grant planning permission: 3A.1(Increasing London’s supply of housing), 3A.2 (Borough housing targets), 3A.3 (Maximising the potential of sites), 3A.5 (Housing Choice), 3C.23 (Parking strategy),  4A.3 (Sustainable design and construction), 4B.1 (Design principles for a compact city), 4B.3 (Maximising the potential of sites), and 4B.5 (Creating an inclusive environment).

 

SI.1   Building Control

  SI.2   Work Affecting Public Highway

  SI.3   Sanitary, Ventilation and Drainage Arrangement

    SI.7   Hours of Building Works

  SI.8  Soundproofing Between Flats

  SI.24   Naming and Numbering

   SI.25   Disabled Person’s Provisions

   SI.27   Fire Precautions Act 1971

SI.28   Refuse Storage and Disposal Arrangements

SI.29  Potential Archaeological Interest

SI.33   Landscaping

 

 

Supporting documents: