Agenda item

Demolition of the existing 2 residential buildings for medical staff, comprising 358 studio flats and 360 sqm nursery and the erection of a part two, part four & part 6 storey building to provide 119 residential flats (30 x 1 bed, 54 x 2, 25 x 3 bed, 8 x 4 bed and 2 x 5 bed) and 423 sqm nursery.

 

(NB: This application was granted conditional planning permission subject to the signing of a S106 Legal Agreement by Members at Planning Sub-Committee on 16^th April 2008.

 

On 4^th August 2008 members authorised the inclusion of an additional Section 106 head of term and three additional conditions on the basis that TfL had considered that the proposal would not have an unacceptable impact upon the Transport for London Road Network provided that certain conditions were met.

 

When the application was originally presented to Members at Planning Sub-Committee on 16^th April 2008 it was reported that the proposed mix of residential accommodation comprised of 32x1 bed, 50x2 bed, 27x3 bed, 8x4 bed and 2x5 bed as set out in the applicant’s planning application form.

 

The application is being brought back to Members to correct the residential mix of accommodation that was considered by Officers as a result of resubmitted drawings. The residential mix of accommodation should be 30x1 bed, 54x2 bed, 25x3 bed, 8x4 bed and 2x5 bed.

 

The correction does not alter the number of overall residential units (119) that are being provided by the scheme. Furthermore, the assessment of Officers with regard to residential mix in the Report to Members on 16^th April 2008 (paragraphs 7.16 ~ 7.18) was based on the corrected residential mix.

 

Moreover, the corrected residential mix does not alter the levels of affordable housing or tenure mix as per the drawings submitted with the application and described in paragraph 7.16 of the Officer’s Report to Members on 16^th April, which is 7x1 bed, 24x2 bed, 18x3bed, 8x4-bed and 2x5 bed flats. 

 

Members are requested to correct residential mix of accommodation subject to the conditions and s106 Agreement previously approved.

 

8.1  The Planning Officer introduced the report, as set out in the agenda.  He added that the previous report was attached to the addendum, circulated to Members at the meeting, and not to the report, as stated.

 

8.2  There being no questions from Members the Chair moved to the vote.

 

Unanimously RESOLVED that:-

 

 

  1.  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.

 

  2.  SCM6 - Materials to be approved (entire site)

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 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.

 

  3.  SCD1 - Level access

A level access shall be provided to 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.

 

4.  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.

 

5.  SCH4 - Forward vehicle ingress/egress only

    All vehicles shall enter and leave the site only in a forward direction.

 

REASON: In the interests of road safety generally and avoidance of obstruction of the highway.

 

6.  SCH6 – Provision of parking

The whole of the car parking accommodation hereby approved shall be provided before the occupation of any of the approved residential units takes place, and shall be retained permanently for the accommodation of vehicles associated with the occupation of these residential units.

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.

 

7.  SCH8 - Parking for people with disabilities

Before the use hereby permitted first commences, at least 12 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.

 

8.  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.

 

9.  SCN1 – Soundproofing

  Full particulars and details of provisions for soundproofing measures for all residential residential units shall be submitted to an approved by the Local Planning Authority, in writing, before the commencement of works on site, and subsequently installed in the building in a satisfactory manner, before the development is first occupied/use commences.

 

  REASON: In order to safeguard the amenities of future occupiers of the site.

 

10.  NSC1 - Secure bicycle parking

Lockable space shall be made available on the site for the secure parking of 119 bicycles, as shown on the plans hereby approved, before the first occupation of the development.

 

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

 

11.  NSC2 - Landscaping scheme to be approved

    A landscaping scheme illustrated on detailed drawings shall be submitted to and approved by the Local Planning Authority, in writing, 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 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.

 

12.  NSC3 – Tree Protection Measures

Detailed drawings/full particulars of the proposed development showing the matters set out below must be submitted to an 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.

 

·  Protection measures for two Plane trees on Kenworthy Road footpath adjacent to the site.

 

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

 

13.  NSC4 – Construction Methods Statement

  Full details of a work method statement including measures to control and minimise noise and dust emissions and details of measures for the disposal of materials from the site, during demolition and construction, shall be submitted to, and approved by, the Local Planning Authority prior to any work commencing on the site.  The development, including disposal of materials from the site, shall in all respects be carried out in accordance with the approved details.

 

  REASON: In order to safeguard the amenities of neighbouring properties and the area generally.

 

14.  NSC5 – Level Access

A level access shall be provided to 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.

 

  15.  NSC6 – Archaeological works

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

REASON: Significant archaeological remains may survive on the site. The planning authority wishes to secure the provision of archaeological investigation and the subsequent recording of the remains prior to development, in accordance with the guidance and model condition set out in PPG 16.

 

16.  NSC7 – Certificate of Compliance to Secure by Design

The development shall achieve a Certificate of Compliance to Safe by Design or alternatively achieve safe by Design standards to the satisfaction of the Metropolitan Police, details of which shall be provided in writing to the Local Planning Authority prior to the commencement or any works on site.

 

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

 

17.  NSC8 – (Ecological roofs)

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 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.

 

18.  NCS9 – Nurseries

The nursery shall only be used between the hours of 0700 and 1830 Monday to Friday, excluding bank holidays. Moreover, no more than 48 children shall be accommodated at the premises at any one time.

 

REASON: To ensure that the use does not prejudice the amenity of adjoining and nearby residential properties.

 

19.  NSC10 – Dustbin Enclosures and Recycling facilities

Details of dustbin enclosures and recycling frames showing the design, location 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 assist the proper disposal of waste and to protect the appearance of the area generally.

 

20.  M7 – Details to be Approved (General)

Detailed drawings/full particulars of the proposed development showing the matters set out below must be submitted to an 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.

 

·  Recessed roof glass colour and joinery details

·  Coloured panels

·  Brick colour details

·  Render details

 

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

 

21.  NSC11 - Renewable Energy

Full details of 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.

 

22.  NSC12 – Traffic Management Plan

  Full details of a Traffic Management Plan including signage measures to direct traffic entering and exiting the site following shall be submitted to, and approved by, the Local Planning Authority prior to any work commencing on the site. The development, shall in all respects be carried out in accordance with the approved details.

 

REASON: In the interests of road safety generally and avoidance of obstruction of the highway.

 

 

·  Securing 50% of units (58% by habitable room) as affordable housing with a tenure mix of 53% social rented and 47% intermediate housing.

 

·  Contribution of £500,195 towards education and libraries.

 

·  Contribution of £30,270 towards sustainable transport initiatives.

 

·  The signing of a Section 278 legal agreement under the Highways Act for works to the public highway.

 

·  The provision of a Travel Plan to all residents on occupation of the site.

 

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

 

·  Achievement of a minimum Level 3 under the Code for Sustainable Homes.

 

·  No occupation of the Open Market Dwellings until all the affordable units have been transferred to the approved RSL.

 

·  10% reduction in carbon emissions through the use of renewable energy sources and use of low energy technology.

 

·  Considerate Contractor Scheme – the applicant to carry out all works in keeping  with the National Considerate Contractor Scheme.

 

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

 

 

(i)  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 policy HO3 of the Hackney UDP (1995), policies 3A.7 and 3A.8 of the London Plan (2004), the LDF Planning Contributions SPD (2006), and advice contained in PPS1 and PPG3.

 

(ii)  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, HO3 and CS2 of the Hackney UDP (1995), the LDF Planning Contributions SPD (2006) and policy 3A.21 of the London Plan (2004).

 

(iii)  The proposed development, in the absence of a legal agreement for securing sustainable transport contributions, would be contrary to policy 4C.1 of the London Plan (2004) and the LDF Planning Contributions SPD (2006).

 

  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, EQ29 Archaeological Heritage, EQ31 Trees, EQ41 Development Close to Existing Sources of Noise, EQ48 Designing out Crime, HO1 Provision of Additional Housing, HO3 Other Sites for Housing, HO8 Loss of Housing, TR19 Planning Standards, CS3 Retention and Provision of Community Facilities, SPG1 New Residential Development, SPG11 Access for People with Disabilities, SPD Affordable Housing, SPD Planning Contributions.

 

  The following policies contained in the London Plan 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.9 Affordable Housing Targets, 3A.10 Negotiating Affordable Housing, 3A.15 Loss of Housing and Affordable Housing, 3A.16 Loss of Hostels, Staff Accommodation and Shared Accommodation, 3A.18 Protection and Enhancement of Social Infrastructure and Community Facilities, 3C.2 Matching Development to Transport Capacity, 3C.17 Tackling Congestion in London Streets, 3C.23 Parking Strategy, 4A.3 Sustainable Design and Construction, 4A.7 Renewable Energy, 4A.11 Living Roofs and Walls, 4A.14 Sustainable Drainage, 4A.20 Reducing Noise and Enhancing Soundscapes, 4B.1 Design Principles for a Compact City, 4B.5 Creating an Inclusive Environment.

 

  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.32   Consultations with TWU

SI.33   Landscaping