Agenda item

Erection of a part five, part six storey building to provide 76 residential units (27 one-bedroom units; 23 two-bedroom units, 19 three-bedroom units and 7 four-bedroom units) and 1312 sqm commercial floorspace (use class B1 or B2), including 22 car parking spaces.

 

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

 

15.2  The Planning Officer referred to the addendum which included further details on the balconies.  He stated that originally the units facing the railway were provided with balconies, however, at pre-application stage the Council requested that these be removed due to potential noise disturbance from the rail lines.  Two revised drawings were attached to the addendum, which detailed alternative locations for the balconies. 

 

15.3  The Chair made reference to the ventilation of the basement and the Planning Officer referred to the addendum and stated that condition 4 of Recommendation B safeguarded against visual appearance of the buildings from stacks, vent pipes, flues and ductwork.

 

15.4  In response to a query from Councillor Desmond regarding what materials were proposed, it was explained that the majority of the building would be zinc cladded, which weathers well.

 

15.5  The Chair made reference to the piece of land known as the ‘Triangle’ and asked whether any of the Section 106 money could be allocated for amenity space to be provided at this site. It was AGREED that condition 8 within Recommendation B be allocated to the ‘Triangle’ and for the Architect to design it.

 

Unanimously 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.  SMC6 – 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.

 

4.  Non Standard Condition

  Detailed drawings/full particulars of the proposed development showing additional balconies 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.

REASON: To ensure an acceptable level of residential amenity for future occupiers of the development.

 

5.  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.

 

6.  SCH8 – Parking for people with disabilities

  Before the use hereby permitted first commences, at least one car parking space shall be marked and retained permanently for use by the vehicle of a disabled badge-holder.

 

  REASON: In order to ensure that a reasonable number of parking spaces are located conveniently for use by people with disabilities.

 

7.  SCD2 – Provision of access and facilities

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

 

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

 

8.  SCH10- Provision for cycles

Secure, covered parking shall be provided for 76 bicycles in the form of Sheffield stands (or an alternative approved in writing by the Local Planning Authority), 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.

 

9.  SCH11 – Adequate visibility to 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: In the interests of highway safety.

 

10.  SCH14 – Closure of existing accesses

  The existing access(es) to the site shall be closed permanently when the use of the new access(es) shown on the plans hereby approved is/are provided and in use.

 

  REASON: In the interests of highway safety.

 

11.  SCH15 – Access only as approved

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

 

  REASON: In the interests of highway safety.

 

12.  Non standard condition

Details of the construction traffic route and a construction traffic management plan shall be submitted to LBH Traffic and Transportation prior to the commencement of construction works on site.

 

REASON: In order to minimise disruption to the highway resulting from construction

 

13.  NSC1 – Noise Control

  The plant and any associated equipment hereby approved shall be operated to a level of 10db below the lowest measured background noise (LA90, 15 minutes) as measured one metre from the nearest affected window of the nearest affected residential property.  The assessment of the background noise shall be made in the absence of all operating plant that services the premises  that is the subject of this planning application.  In addition the plant shall not create an audible tonal noise nor cause perceptible vibration to be transmitted through the structure of the building.

 

REASON: To safeguard the amenity of the occupiers of the residential element of the development and the area generally by preventing noise and vibration nuisance in accordance with Council policy EQ1 of the Unitary Development Plan.

 

14.  NSC3 – No roof plant

No roof plant (including all external enclosures, machinery and other installations, except for photovoltaic and solar hot water heating panels) shall be placed upon or attached to the roof or other external surfaces of the building.

 

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.

 

15.  Non standard condition

(i)  The rating level of noise emitted from fixed plant on the site shall be 10dB below the existing background noise 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.

(ii)  Development shall not commence until details of a scheme complying with paragraph (i) of this condition have been submitted to and approved in writing by the local planning authority.

(iii)  The development shall not be occupied until the scheme approved pursuant to paragraph (ii) of this condition has been implemented in its entirety.  Thereafter, the scheme shall be maintained in perpetuity.

 

REASON: To safeguard the amenity of the occupiers of the residential element of the development and the area generally by preventing noise and vibration nuisance in accordance with Council policy EQ1 of the Unitary Development Plan.

 

16.  Non standard condition

Full written details, including relevant drawings and specifications, of:-

 

a)  The construction of the ceilings and walls separating the offices and residential on the upper floors of the premises and the adjacent properties:

b)  The proposed works of soundproofing against airborne and impact sound;

 

Shall be submitted to and approved in writing by the local planning authority. The use hereby permitted shall not commence until the soundproofing works have been implemented in accordance with the approved details. The soundproofing shall be the approved details.

 

REASON: To safeguard the amenity of the occupiers of the residential element of the development and the area generally by preventing noise and vibration nuisance in accordance with Council policy EQ1 of the Unitary Development Plan.

 

17.  Non standard condition

Details of the type of glazing and ventilation system to be installed shall be submitted to and approved in writing by the local planning authority. The glazing and ventilations shall be installed in accordance with the approved details.

 

REASON: To safeguard the amenity of the occupiers of the residential element of the development and the visual appearance of the development.

 

17.  Renewable energy

Full details of 10% renewable energy provision shall be submitted and approved in writing by the Local Planning Authority before any building works commence. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

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

 

18.  Sustainable drainage

Full details of a rainwater harvesting system 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: In the interests of reducing surface water run-off.

 

19.  Full details of a grey water recycling system 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: In the interests of protecting and conserving water resources surface water run-off.

 

 

1.  To secure the provision of 41.4% of habitable rooms, with a split of 70%: 30% socially rented /intermediate.

 

2.  Not to occupy or cause or permit the occupation of more than 60% of the Open Market Dwellings on each Development Site prior to all the site relatedaffordable units being completed and available for occupation and transferred to the approved RSL.

 

3.  Payment by the landowner/developer of a sustainable transport contribution of £25,080 towards works to the public highway.

 

4.  The signing of a Section 278 legal agreement under the Highways Act to pay the Council £35,000 for required works to the highway.  Unavoidable works required to be undertaken by Statutory Services will not be included in London Borough of Hackney estimate or payment.

 

5.  Payment by the landowner/developer of an education and libraries contribution of £184,656.35 with respect to anticipated child yield from the additional residential housing units being provided in accordance with the DFES cost of providing a school place.

 

6.  Payment by the landowner/developer of an open space contribution of £4539.52 towards the supply and quality of open space in the immediate locale, which could include 'The Triangle' on the junction of Mare Street and Westgate Street.

 

7.  No car parking permits to be issued for new residential units, unless for the holder fo a Disabled Person’s Badge or for an electrically powered vehicle.

 

8.  Residential units to be built to Lifetime Homes standard and comply with Code for Sustainable Homes.

 

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

 

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

 

11.  Achievement of a level 3 rating under the proposed Code for Sustainable Homes with best endeavours to achieve level 4.

 

12.  20% reduction in carbon emissions through the use of renewable energy sources and use of low energy technology

 

13.  Considerate Constructors Scheme – the applicant to carry out all works in keeping with the National Considerate Constructors Scheme.

 

14.  A Green Travel Plan to include servicing of the sites, to be submitted to and agreed with the Council, to include the provision of a car share scheme.

 

15.  At least 10% of units provided shall be wheelchair accessible.

 

16.  The applicant is advised that they will be required to enter into a highways Section 278 legal agreement with TfL.

 

17.  Provision to allow the placement of street lighting on the proposed buildings where appropriate.

 

18.  Best endeavours to provide a car club.

 

19.  Detailed drawings/full particulars of the proposed development showing additional balconies 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.

 

REASON:  To ensure an acceptable level of residential amenity for future occupiers of the development.

 

 

1.  The proposed development, in the absence of a legal agreement for securing affordable housing, would be to the detriment of housing needs in the Borough and would fail to promote a mixed and inclusive community and as such would be contrary to policies ST1, H01 and H03 of the Hackney Unitary Development Plan, policies 3A.7 and 3A.8 of the London Plan 2004 and advice contained in PPS1 and PPG3.

 

2.  The proposed development, in the absence of a legal agreement for securing educational contributions, would be likely to contribute to pressure and demand on the Borough’s education provision contrary to policies EQ1, H03, CS2 and S10 of the Hackney Unitary Development Plan and policy 3A.21 of the London Plan 2004.

 

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, EQ48 – Designing out Crime, HO3 – Other sites for Housing, TR19 – Planning Standards.

 

  The following policies in the London Plan (Consolidated with Alterations since 2004) are relevant to the approved development/use and were considered by this Council in reaching the decision to grant planning permission: 2A.1 – Sustainability Criteria,   3A.1 – Increasing London’s Supply of Housing, 3A.2 – Borough Housing Targets, 3A.3 – Maximising the Potential of Sites, 3A.5 – Housing Choice, 3A.6 – Quality of New Housing Provision, 3A.8 – Definition of Affordable Housing, 3A.9 – Affordable Housing Targets, 3A.10 – Negotiating Affordable Housing, 3A.11 – Affordable Housing Thresholds, 3A.13 – Special Needs and Specialist Housing, 3A.17 – Addressing the Needs of London’s Diverse Population, 3C.1 – Integrating Transport and Development, 3C.2 – Matching Development to Transport Capacity, 3C.3 – Sustainable Transport in London, 3C.23 – Parking Strategy, 4A.1 – Tackling Climate Change, 4A.3 – Sustainable Design and Construction, 4A.7 – Renewable Energy, 4A.22 – Spatial Policies for Waste Management, 4B.1 – Design Principles for a Compact City, 4B.3 – Enhancing the Quality of the Public Realm, 4B.5 – Creating an Inclusive Environment, 4B.6 – Safety, Security and Fire Prevention and Protection, 4B.8 – Respect Local Context and Communities.

 

INFORMATIVES

 

  The following Informatives should be added:

 

SI.1   Building Control

  SI.2   Work Affecting Public Highway

  SI.3   Sanitary, Ventilation and Drainage Arrangements

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

    SI.7   Hours of Building Works

  SI.24   Naming and Numbering

   SI.25   Disabled Person’s Provisions

   SI.27   Fire Precautions Act 1971

SI.28   Refuse Storage and Disposal Arrangements

  SI.33   Landscaping

NSI  Thames Water