Agenda item

357-359 Kingsland Road

Decision:

 

RESOLVED that:-

 

A)  Planning Permission be GRANTED, subject to conditions.

 

B)  Conservation area consent be GRANTED, subject to conditions.

 

C)  That the above recommendation be subject to the applicant, the landowners and their mortgagees entering into a deed of planning obligation by means of a Section 206 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 Planning and Regeneration and the Interim Corporate Director of Legal and Democratic Services

 

 

Minutes:

Redevelopment of site to comprise the erection of a part six, part seven storey building containing a 290-room hotel (including restaurant, bar and conference space), with a car park for thirteen vehicles and theatre workshop space (use class D1) on the lower ground floor.

 

NB: Increase in size of theatre workshop space from 188 square metres to 211 square metres; increase in height of theatre workshop space to five metres; reduction in number of car parking spaces from thirty-six to thirteen; increase in number of cycle parking spaces from twenty to fifty six.

 

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

 

12.2  Anja Beinroth spoke in objection to the scheme, her comments are summarised as follows:

 

§  Representing a number of residents from the Georgian Terrace opposite the site.

§  In accordance with English Heritage, the height of the development should be no more than four storeys.

§  The previous application was deemed too high.

§  The proposed development would completely overshadow the Georgian Terrace.

§  Felt that the Planning Officer had not identified the loss of sunlight to the properties along Kingsland Road.

§  This section of the conservation area was predominantly residential and very few commercial properties. 

§  Felt there was not a need for a hotel in the area.

§  Lack of response from Thames Water, as the properties surrounding the site had suffered from flooding previously.

 

12.3  Mandip Sahota (Nicholas Taylor & Associates) was in attendance to answer any questions that arose.

 

12.4  Councillor Sharer raised concern over the height of the building and the Planning Officer stated that the Urban Design and Conservation Team had looked at the application and also referred Members’ attention to page 200 of the report which stated that the height of the proposed building was considered sensitive to adjacent buildings and well articulated.

 

12.5  Councillor Desmond referred to the level of parking being provided and asked the agent whether he felt the reduced number of parking spaces would lead to congestion in the area.

 

12.6  The agent stated that they had consulted with TfL in order to find more sustainable forms of transport.  This had resulted in more cycle spaces and a coach drop of point being incorporated into the proposal.

 

12.7  Councillor Webb made reference to the Quicksilver Theatre and asked whether they were aware that this application was going to committee, as she was unsure why they were not in attendance.

 

12.8  The Planning Officer confirmed that the Quicksilver Theatre had been sent notification of the application and the Sub-Committee and that a number of amendments had now been made to the proposal including a disabled access being provided, and the internal ceiling height as requested.

 

12.9  In response to a query about why the colour red had been chosen, the agent stated that this had been chosen to mirror the red brick of the Metropolitan Business Centre.

 

12.10  The Chair also asked whether the Kingsland Conservation Area Advisory Committee had been consulted and the Planning Officer confirmed that they had been sent all of the material and done their up most to keep them fully consulted on the application.

 

12.11  Councillor Sharer asked whether the S106 agreement had been taken on board, following a previous hotel application on Old Street.  The Planning Officer stated that the S106 agreement was included within Recommendation B and added that he had not pursued money for pavements as the pavements had already recently been repaved.  He had however negotiated a 15% discount on rent for the theatre space for five years.

 

12.12  The Chair referred to the streetlamps and whether these could be placed on the proposed building, in order to help de-clutter the area.  The applicant welcomed this proposal, in principle.  The Chair requested that this be added as an additional condition.  This was AGREED.

 

12.13  The Chair also asked whether rain water harvesting was being provided and the agent welcomed this proposal.  The Chair requested that best endeavours for rain water harvesting to be provided be added as an additional condition.  This was AGREED.

 

Unanimously 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 the expiration of three years beginning with 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.  SCM6 – Materials to be approved

Details, including samples, of all 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 work on the external surfaces, boundary walls and ground surfaces 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.  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, glazing bar profiles and architraves

·  Doors, profiles and architraves

·  All clear and obscure glazing

·  Design and appearance of railings and parapets

·  Details at a scale of 1:20 of all cladding elements and any structure beneath

·  Detailed section through first floor cantilever (structure, undercroft treatment and junction with brick)

·  Ground-floor elevations, external lighting and signage of the building

·  Ground-floor entrances (porches, canopies, etc.).

 

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.  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.    SCT1 – Submission of landscaping scheme

   Further details of hard and soft landscaping shall be submitted to and approved by the Local Planning Authority, in writing, before any landscaping work commences on site, to show (as applicable) species of tree, type of stock and level of maturity, numbers of shrubs to be included, and 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 to include the replacement of any plants that die, or are severely damaged, seriously diseased, or removed (including any existing trees or plants that die or are damaged during, or as a result of, construction work).

 

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.

 

7.  SCI3 – No roof plant

No plant (including all external enclosures, machinery and other installations) other than any shown on the drawings hereby approved shall be placed upon or attached to the roof.

 

REASON: To ensure that the external appearance of the building is satisfactory and does not detract from the character and visual amenity of the area.

 

8.  SCH2 – Loading and unloading

No loading or unloading of goods shall take place other than on-site in the proposed loading bay.

 

REASON: In the interests of ensuring that the proposed development does not prejudice the free flow of traffic or public safety along the adjoining highway.

 

9.  SCH8 – Parking for people with disabilities

  Before the use hereby permitted first commences, at least three car parking spaces shall be marked and retained permanently for use by the vehicles of people with disabilities.

 

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

 

10.  SCH9 – Marking parking areas

Before the use hereby permitted first commences, appropriate markings shall be used to delineate all car parking spaces and service areas within the site/development as shown on the permitted plans, and such marking is to be retained permanently.

 

  REASON: In the interests of orderly and satisfactory parking provisions being made on the site to ensure that the proposed development does not prejudice the free flow of traffic or public safety along the adjoining highway.

 

11.  SCH10 – Secure bicycle parking

Secure, covered parking shall be provided for fifty-six 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.

 

12.  SCH15 – Access only as approved

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

 

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

 

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.  NSC1 – Non-standard condition

No development shall take place until details of the pre-treatment of timber on the external surfaces of the development and its subsequent fitting, treatment and maintenance schedule has been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details and schedule.

 

REASON: In order to make best endeavours to retain the original colour of the material, thereby preserving the appearance of the development hereby approved.

 

15.    NSC2 – Non-standard condition

  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 to 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.

 

  REASON: To safeguard the amenities of the adjoining premises and the area generally.

 

16.  NSC3 – Non-standard condition

  The developer/landowner shall install and utilise solar thermal collectors on the roof to produce at least ten per cent of the proposed development’s energy requirements, and the proposed development shall achieve a BREEAM rating of no less than ‘very good’, with certification to that effect to be submitted to the local planning authority and acknowledged in writing prior to occupation of the building. A rainwater harvesting system shall be installed and details thereof shall be submitted to the local planning authority and approved in writing before occupation of the development hereby approved first commences.

 

  REASON: In the interests of maximising the environmental performance of the building.

 

17.    NSC4 – Non-standard condition

  A minimum of nine 1100-litre Euro bins, plus provision for recycling, shall be provided, and a waste strategy plan submitted to the local planning authority and approved in writing before use of the hotel hereby approved first commences.

 

  REASON: In the interests of providing satisfactory refuse storage.

 

B)   Conservation area consent be GRANTED, subject to the following conditions:

 

1.  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 (Listed Buildings and Conservation Areas) Act 1990 as amended.

 

2.  The demolition works hereby permitted shall not be carried out otherwise than as part of the completion of development for which planning permission reference 2008/0622 is granted and such demolition and development shall be carried out without interruption and in complete accordance with the plans referred to in this consent and any subsequent approval of details.

 

REASON:  As empowered by Section 74(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and to maintain the character and appearance of the Kingsland Conservation Area.

 

C)  That the above recommendation be subject to the applicant, the landowners and their mortgagees entering into a deed of planning obligation by means of a Section 206 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 Planning and Regeneration and the Interim Corporate Director of Legal and Democratic Services:

 

1.  Payment by the landowner/developer of £10,028.20 as a financial contribution towards Council library facilities. (This sum has been calculated in accordance with the approved formula in the Planning Contributions Supplementary Planning Document (SPD) (2006).)

 

2.  Payment by the landowner/developer of £2140.20 as a financial contribution towards green spaces, children’s play areas, and recreation facilities in the borough. (This sum calculated in accordance with the approved formula in the Planning Contributions Supplementary Planning Document (SPD) (2006).)

 

3.  Payment by the landowner/developer of £30,000.00 as a financial contribution towards sustainable travel initiatives. (This sum calculated and provided by the Council’s Traffic & Transport team.)

 

4.  Provision for the employment within the hotel, once it has commenced operations, of persons within a defined and ongoing training scheme to be carried out in perpetuity and reserved for residents of the borough, to number no fewer than five new starters annually.

 

5.  Provision for not-for-profit groups, charities, Hackney Council and local authorities that share a boundary with the London Borough of Hackney to be permitted use of the hotel’s conference facilities free of charge a maximum of three days a year (in total, not per organisation), with in-house catering to be provided at a twenty per cent discount on the price charged for the equivalent service to all other users of the hotel conference facilities.

 

6.  Provision by the landowner/developer for the use of local labour for construction in the form of twenty-five per cent on-site employment, including the facilitation of an apprentice for a defined period.

 

7.  That the proposed space within use class D1 (marked on the plans as theatre workshop space) be a) reserved for arts, cultural and entertainment uses within class D1 and should not be used for medical or health services, a creche or other day care, non-arts related education, or in connection with public worship or religious instruction, and b) should be let at market rates for those uses so reserved within use class D1, as established by a RICS-accredited chartered surveyor, with a fifteen per cent discount applied for the first five years after completion.

 

REASONS FOR APPROVAL

 

1.  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; EQ12 -  Protection of Conservation Areas; EQ13 - Demolition in Conservation Areas; ACE3 - Retention of Arts, Culture and Entertainment Buildings; ACE7 - Hotel Development; ACE8 - Planning Standards; TR19 - Planning Standards.

 

2.  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; 3B.1 - Developing London’s economy; 3C.2 - Matching development to transport capacity; 3D.7 - Visitor accommodation and facilities; 4A.1 -Tackling climate change; 4A.6  - Decentralised energy: Heating, cooling and power; 4A.7 - Renewable Energy; 4B.1 - Design principles for a compact city; 4B.2  - Promoting world-class architecture and design.

 

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.25   Disabled Person’s Provisions

   SI.27   Regulatory Reform (Fire Safety) Order 2005

SI.28   Refuse Storage and Disposal Arrangements

SI.33   Landscaping

 

NSI.1  The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by this Authority, lies with the owner/developer of the site. The applicant/developer is requested to contact the Council’s Pollution Section (tel. 020 8356 4827) as soon as is practicable should contamination be encountered during the development of the site. Contamination will often be evident either visually or due to odours. Visual evidence of contamination may include staining by oil/fuel, coloured liquids/soils uncharacteristic of soil or groundwater, or debris (e.g. asbestos) being present. Odours will usually be obvious and smell of fuels/solvents, be pleasant or unpleasant, or otherwise be uncharacteristic of soil or groundwater.

 

NSI.2  The developer is required to enter into an agreement under Section 278 of the Highways Act (1980) with Transport for London (TfL) (for Kingsland Road) and the Council’s Highways department (Streetscene) (for Enfield Road) to reinstate and improve the highway adjacent to the boundary of the site, to include access to the highway, measures for street furniture relocation, carriageway markings, access and visibility safety requirements. Unavoidable works required to be undertaken by statutory services will not be included in estimates provided by TfL or the Council’s Highways department.

 

NSI.3  All materials submitted pursuant to the discharge of condition 3 of this approval ('materials to be approved', as per paragraph 8.1.3 of this report) should be supplied and delivered at the same time in a container clearly marked with the address of the application site, reference to the application number 2008/0622, and accompanied by coloured copies of relevant elevational drawings, to which each material sample should be clearly referenced and labelled accordingly. Full specifications detailing each material's manufacturer and colour (as per manufacturer's description/name thereof) should also be submitted at the same time.

 

NSI.4  This decision notice is accompanied by a Section 106 legal agreement. It shall be implemented in full accordance with the details of that agreement.

 

 

Supporting documents: