Agenda item

Section 73 application for the variation of the wording of conditions 3 (ground surface treatment), 4 (boundary walls), 5 (details to be approved), 6 (lighting & balcony details), 7 (soft and hard landscaping  public realm design details), 10 (highway boundary details), 19 (details of public realm hard and soft landscaping), 20 (detail of non public realm hard and soft landscaping), 21 (landscape management plan), 24 (cycle storage), 29 (artefact details), 30 (safe by design), 37 (phasing plan), 39 (contaminated land study) of planning permission 2007/1803 dated 27/02/2008: Section 73 application for the variation of condition 3 (ground surface treatment), 4 (boundary walls), 5 (details to be approved), 6(modifications), 7 (signage), 12 (roof plant enclosures), 17 (shop fronts), 18 (landscaping public realm), 19 (landscaping excluding public realm), 20 (landscape management plan), 21 (waste, recycling enclosures), 23 (cycle stands), 28 (artefact details), 29 (certificate of compliance to safe by design) and 35 (restricted delivery hours) of planning permission dated 9/11/2006 (ref: 2006/0886 for Town and  Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999 No.293): Environmental Statement accompanying a planning application for the redevelopment of the site through the erection of two blocks being part 8, part 10 and part 19 storey buildings for the purposes of a mixed use development comprising a total of 244 residential units (81x1bed, 82 x 2 bed, 59 x 3 bed, 16 x 4 bed and 6 x 6 bed); 1711sqm of class A1 (Retail), A2 (Financial and Professional services), A3 (Restaurant/Café), A4 (Drinking Establishments) floor space; 424sqm of B1/D1 floor space (workshop, studio, community); 3168sqm of D1 floor space (Library and Archive); 4900sqm public open space; 65 car parking spaces, 62 cycle spaces for public use; new site access points, relocation to taxi stands from Roseberry Place to Dalston Lane; The proposal includes the demolition of all existing building on the subject site (amended description).

 

NOTE TO MEMBERS:The application was granted conditional planning permission subject to the signing of a S106 Legal Agreement at Planning Sub-Committee in August 2008.

 

This resolution followed the prior approval of application reference 2007/1803 to vary application 2006/0886 for which the discharge of a number of conditions had been sort, as reported to Members in August.  The Council having the freehold of the site, are required to seek Cabinet consent to enter the Section 106; this was considered by Cabinet towards the end of October.  In the meantime, conditions to the 2007 application have been discharged.  The purpose of this note is to update members in relation to the progress of the development in consideration of the details that have been dealt with under condition and that consequently no longer require submission for discharge but rather to be included within the schedule of approved drawings and documents attached to a new consent.

 

8.1  The Planning Officer introduced the report, as set out in the agenda. The Planning Officer ran through each of the conditions in-turn, detailed on pages 146-149 of the agenda.

 

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 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.

 

2.  SCM2 – Materials to be approved

Full details, including samples, of the materials to be used on the external surfaces of the building, including glazing, shall be submitted to the Local Planning Authority, in writing, prior to implementation.  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.  SCM4 – Ground Surface Treatment

Full details of all ground surface treatments to the site shall be submitted to the Local Planning Authority within one month of the date of this permission and approved in writing by the Local Planning Authority prior to the commencement of the works associated with the ground surface treatments.  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.

 

4.  SCM5 – Boundary Walls

Full details including materials of all boundary walls, screening and enclosures shall be submitted to the Local Planning Authority within one month of the date of this permission and approved in writing by the Local Planning Authority prior to the commencement of the works associated with boundary walls, screening and enclosures.  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.

 

5.  SM7 – Details to be approved 1

Detailed drawings (at least at 1:50 scale) including modifications to the following matters must be submitted to the Local Planning Authority within one month of the date of this permission and approved in writing by the Local Planning Authority prior to the commencement of the works associated with these items. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

a.  Glazing;

b.  winter gardens and balconies

 

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

 

6.  SCM7 – Details to be approved 2

Detailed drawings (at least at 1:50 scale) of the proposed development showing the matters set out below must be submitted to the Local Planning Authority within one month of the date of this permission and approved by the Local Planning Authority, in writing, prior to the commencement of the works associated with these items. The development shall not be carried out otherwise than in accordance with the details thus approved:

 

a. All proposed louvers;

b. Part elevation drawings;

c. External doors

 

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.

 

7.  SCM7 – Details to be approved 3

Detailed drawings (at least at 1:50 scale) of the proposed development showing the matters set out below must be submitted to the Local Planning Authority within one month of the date of this permission and approved in writing by the Local Planning Authority prior to the commencement of the works associated with the external lighting scheme.  The development shall not be carried out otherwise than in accordance with the details thus approved.

 

a). External lighting;

 

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.  SCM11 - Modifications

Detailed drawings showing further design and consideration of soft and hard landscaping, layout, street furniture and useable area of the public realm shall be submitted to the Local Planning Authority within one month of the date of this permission and approved in writing by the Local Planning Authority, following consultation with the GLA’s Architecture and Urbanism Unit, prior to the commencement of the works associated with the soft and hard landscaping, layout, street furniture and useable area of the public realm.  This part of the development shall be completed in accordance with the modification(s) thus approved.

 

REASON: The proposed landscaping requires further, detailed consideration to ensure an acceptable form of development.

 

9.  NSC1 - Signage

Prior to occupation of the first phase of development full details of the signage, including site signs and signs on buildings must be submitted to and approved by the Local Planning Authority before any work associated with signage is commenced.  The development should not be carried out otherwise than in accordance with the details thus approved.

 

REASON: To assist in directing members of the public around the site and ensure a consistency in design.

 

10.  NSC2 – Car Parking details

Detailed drawings 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:

 

b. details of new access routes/routes

 

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

 

11.  NSC3  - Site boundary

A detailed drawing to show a clear demarcation must be provided to distinguish the boundary of the site from the Public Highway within one month of the date of this permission.

 

REASON: To ensure that the amenity of the public highways is protected and that the development does not encroach upon it.

12.  SCM9 – No extraneous pipe work

No soil stacks, soil vent pipes, flues, ductwork or any other pipe work 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.

 

13.  SCD1 – Level Access (units and shops)

A level access shall be provided to all ground floor units hereby approved before the use is first commenced of that unit.

 

REASON: In order to ensure that people with disabilities are able to gain proper access to the development.

 

14.  SCI4 – Roof plant enclosures

Full details of all roof plant enclosures (as shown on the approved drawings) shall be submitted to and approved in writing by the Local Planning

 

REASON: To safeguard the appearance of the property.

 

15.  SCH3 – Parking within site

No parking of vehicles arriving at or departing from the premises shall take place otherwise than within the cartilage of the premises.

 

REASON: To assist in ensuring that the public highway is available for the safe and convenient passage of vehicles and pedestrians.

 

16.  SCH5 – Provision of parking, turning and unloading facilities

No individual phase of the development herby approved shall be occupied until the accommodation for car parking, turning and loading/unloading associated with that phase has been provided in accordance with the approved plans and phasing strategy, and such accommodation shall be retained permanently for use by the occupiers and/or persons.

 

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 car parking for residents, users and/or persons calling at the premises.

 

17.  SCH9 – Marking of parking/ service areas

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

 

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

 

18.  SCS1 – Details of Shopfront

Details of the proposed shop fronts on drawings of a suitable scale, together with materials used shall be submitted to and approved by the Local Planning Authority, in writing, before any work is commenced on that part of the development.  The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON: To ensure that the design of the shop front is not detrimental to the appearance of the building.

 

19.  NSC4 – Landscaping of public realm

  Full details of both hard and soft landscaping works associated with the public realm within the scheme shall be submitted in writing to the Local Planning Authority within one month of the date of this permission and approved in writing prior to the commencement of the works associated with the details thus approved following consultation with the GLA’s Architecture and Urbanism Unit.  Soft landscape works shall include: a planting plan; a schedule of plants noting species, type of stock, numbers of trees and shrubs to be included; and details of areas to be grass seeded or turfed.  Hard landscape works shall include details of ramps, steps, railings, lighting, vehicular and pedestrian circulation areas, street furniture, the water feature, proposed drainage system and details of the location of a tree with associated plaque dedicated to the victims of the New Cross fire tragedy.  All hard and soft landscaping works associated with the public open space shall be carried out in accordance with the approved details.  The works shall be implemented in accordance with the approved phasing plan and shall be carried out within a period of twelve months from the date on which the development commences or the first planting season following completion of the relevant phase.

 

REASON: To accord with the requirements of Section 197(a) of the Town and Country Planning Act 1990 and to provide a reasonable environmental standard in the interests of the appearance of the site and area.

 

20.  NSC5 – Landscaping excluding Public Realm

  Full details of both the hard and soft landscaping works associated with the scheme excluding the public realm, balconies and winter gardens shall be submitted to the Local Planning Authority within one month of the date of this permission and approved in writing by the Local Planning Authority prior to the commencement of the works associated with the details thus approved following consultation with the GLA’s Architecture and Urbanism Unit.  These details shall include: surface materials, steps, railings, balustrades, bat boxes and or bricks, green and brown roofs, ramps and planting plans including a schedule of plants noting species and type of stock.  All hard and soft landscaping works associated with the residential terraces shall be carried out in accordance with the approved details.  The works shall be carried out in the first planting season following completion of the relevant phase of development as set out in the approved phasing plan.

 

  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.

 

21.  NSC6 – Landscape management plan

A landscape management plan (including long term design objectives, management responsibilities and maintenance schedules) for all landscaped areas, shall be submitted to the Local Planning Authority within one month of the date of this permission or as otherwise agreed in writing and approved in writing by the Local Planning Authority prior to the first occupation of the development.  All works specified in the approved Landscape Management Plan shall be carried out within a period of twelve months from the date on which the development of the site commences or the first planting 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 of removed.

 

22.  NSC9 – Cycle Stands

  Full details of the on site provision for all cycle stands to have secure storage shall be submitted to the Local Planning Authority within one month of the date of this permission and approved by the Local Planning Authority in writing prior to the commencement of works for the details thus approved or the first occupation of the development, whichever is earlier.  The approved details shall be implemented before first occupation and the development shall not be carried out otherwise than in accordance with the details thus approved. 

 

REASON: In order to ensure that a safe and secure provision for cycle storage is located conveniently for use by cyclists.

 

23.  NSC10 – Environment Agency

  Details of surface water drainage and source control measures shall be submitted to and approved in writing by the Local Planning Authority before development commences, after consultation with the Environment Agency.

 

REASON: To prevent an increased risk of flooding, to improve water quality and to provide improved amenity and wildlife habitat.

 

 

24.  NSC13 – English Heritage

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 PPG15.

 

25.  NSC14 – Artefact details

Details of the type of any artefacts from the original buildings which have been identified by the Museum of London in accordance with a condition attached to the planning permission for the demolition of the existing buildings at this site and details of their future display within the site shall be submitted to the Local Planning Authority within one month of the date of this permission or as otherwise agreed in writing and approved in writing by the Local Planning Authority prior to commencement of those works.

 

REASON:  In the interests of preserving a link with the social and cultural history of the site.

 

26.  NSC15 – Certificate of Compliance to Secured by Design

The development shall achieve a Certificate of Compliance to Secure by Design or alternatively achieve Secure by Design standards to the satisfaction of the Metropolitan Police, details of which, to include consultation with the police during the construction period, shall be provided in writing to the Local Planning Authority within one month of the completion date.

 

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

 

27.  NSC16 – Residential space standards

The internal layout of all residential units shall comply with unit size standards outlined in Supplementary Planning Guidance No.1 and Policy H09 (4 bed units).

 

REASON: To ensure a reasonable standard of internal amenity for future occupiers.

 

 

 

28.  NSC18 – Communal Heating System

Details of the communal heating system shall be submitted to and approved by the Local Planning Authority. The details shall demonstrate that all users within the development will be connected to the communal heating system.  The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON: In the interests of sustainable design and energy saving.

 

29.  NSC19 – Code of Construction practice

No development shall commence until a code of construction practice has been submitted and approved by the Local Planning Authority.  The code of construction practise shall provide a control framework that the developer, contractors and sub-contractors will employ: to control on site working conditions; in relation to site fencing/site security; to minimise construction noise impact on surrounding properties likely to be adversely affected by construction activities; to provide details of traffic routes to be used by construction vehicles.  The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON: To avoid serious harm upon members of the public.

 

30.  NSC20 – Renewable Energy

Details of the scheme to achieve no less than 10% reliance on renewable energy sources shall be submitted to and approved by the Local Planning Authority prior to commencement of development.  The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON:To ensure that the development provides an acceptable amount of onsite renewable energy.

 

31.  NSC21 – Restricted delivery hours

Confine delivery access to the service locations, excluding the basement car park, between the following hours: 

5am to 7am  and 9.30am to 5.30pm Monday to Friday

9.30am to 1.30pm Saturday

No deliveries shall be made on Sundays or Public Holidays

 

REASON: To ensure that the use operates in a satisfactory manner and does not unduly disturb adjoining occupiers or prejudice local amenity generally.

 

32.  NSC22 – Phasing Plan

A phasing plan showing details of the phased delivery of the scheme hereby approved shall be submitted to the Local Planning Authority within one month of the date of this permission and approved in writing by the Local Planning Authority prior to the commencement of works on the public realm works.  The development shall not be carried out otherwise than in accordance with the Phasing Plan.

 

REASON: To ensure that the development is implemented to the satisfaction of the Local Planning Authority.

 

33.  NSC23 – Site clearance and nesting season

Site clearance should be undertaken outside of the bird nesting season (generally accepted as being between March and July).  If this is not possible, all the trees, scrub and buildings should be searched for the presence of nesting birds. If any are found the nests should be protected until such time as the young have fledged and left the nest.  These details should be submitted to and approved in writing by the Local Planning Authority prior to the implementation of the development.

 

REASON: In the interest of preserving ecology on the development site.

 

34.  NSC24 – Contaminated Land

Development of the site shall not begin until a contaminated land study has been submitted to the Local Planning Authority for written approval.  The study will identify the extent of the contamination and the measures to be taken to avoid risk to the pubic and local environment when the site is developed.  Details of this study should include:

 

a.  A desk study report documenting the history of the site;

b. A site investigation report to investigate and identify contamination;

c. A risk assessment of the site;

d. Proposals for any necessary remedial works to contain, treat or remove any contamination.

 

Occupation of the site and development shall not commence until the measures approved in the study have been implemented. 

REASON: The development proposed for this site should not expose future users or occupiers of the site, any buildings and services, or the wider environment to risks associated with the contaminants present.  This condition should ensure that the contaminated land is properly treated and made safe before development to protect public health and to meet the requirements of Council policy EQ43.

 

 

1.  That  the landowner/developer/mortgagee shall contribute £579,325.00 for the purpose of providing education and/or training facilities for the residents of the London Borough of Hackney;

2.  The signing of a Section 278 legal agreement under the Highways Act to pay the Council £508,676.00 to reinstate and improve the footway adjacent to the boundary of the site, and include if required, any 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 London Borough of Hackney estimate or payment;

3.  Footway reinstatement works;

4.  That the landowner/developer/mortgagee shall provide temporary and permanent public open space plus associated Bond(s) for the open space works;

5.  That the landowner/developer/mortgagee shall provide a plan for the provision of a programme of public art to require the expenditure of at least £20,000.00 but no more than £25,000.00 inclusive of design and consultation costs;

6.  That the landowner/developer/mortgagee shall provide a plan setting out a package of security measures to be adopted by the developer which shall include the provision of CCTV and lighting;

7.  To secure the provision of Affordable Housing comprising 8 x 2 bedroom units, 18 x 3 bedroom units and 6 x 4 bedroom units as affordable intermediate housing to be created and used exclusively as Intermediate Housing and 8 x 2 bedroom units, 11 x 3 bedroom units, 6 x 4 bedroom units and 6 x 6 bedroom units as affordable rented being the units to be created and used exclusively as Social Rented Housing;

8.  A travel plan shall be provided towards assisting occupiers (both residential and commercial) to achieve sustainable travel targets with the services of a Travel Plan co-ordinator;

9.  The development shall be limited to 65 car parking spaces.  The developer shall notify the occupants of the residential units that they shall not be able to obtain any residential parking permit, with the exception of blue badge holders;

10.  That the landowner/developer/mortgagee shall endeavor to secure at least twelve per cent of the workforce for construction of the development shall be Local Labour;

11.  That the landowner/developer/mortgagee shall convene a community working group monthly during the construction phase and provide a code of construction practice;

12.  That the landowner/developer/mortgagee shall provide a Housing Standards Plan in accordance with Lifetime Home Standards

13.  That the landowner/developer/mortgagee shall provide a Sustainable Development Plan securing the incorporation of sustainable measures in the carrying out of the development;

14.  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

 

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, EQ30-Areas of Special Landscape Character, EQ32-Shop fronts, EQ40-Noise Control,   EQ46-Recycling Facilities, EQ48-Designing out crime, H03-Other Sites for   Housing, H016-Housing for People with Disabilities, E3-Development outside Defined Employment Areas, E18-Planning Standards, TR19-Planning Standards, R1-Town Centre, R3-Development within shopping frontages, CS2-  Provision of Community Facilities, AE6-Arts and Open Space, AE8-Planning Standards, 3A.1-Increasing London’s Supply of Housing, 3A.2-Borough   Housing Targets, 3A.4-Housing Choice, 3A.7-Affordable Housing Targets, 3A.10-Special Needs and Specialist Housing, 4B.1-Design Principles for a Compact City, 4B.2-Promoting World Class Architecture and Design, 4B.4-Enhancing the Quality of the Public Realm, 4B.7-Respect Local Context and   Communities, 4B.8-Tall Buildings- Location, 4B.9-Large-scale buildings design and impact, 4B.10-London’s Built Heritage, 4B.11-Heritage Conservation, PPS1-Delivering Sustainable Development, PPS3-Housing, PPS6-Planning for Town Centers: Guidance on Design and Implementation, PPG13-Transport, PPG15-Planning and the Historic Environment, Guidance on Tall Buildings 2003 (CABE/English Heritage).

 

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.28   Refuse Storage and Disposal Arrangements

SI.33   Landscaping

NSI   Relevant Fire Legislation

NSI  Reliance upon Renewable Energy Sources shall not be less than 10% for the site and where efficiencies are possible with the above ground development on Dalston Junction, a 25% reliance upon renewable energy is recommended. 

NSI  The stair riser from Roseberry Place will be required at 150mm.

NSI  The development of this site is likely to damage archaeological remnants.  The applicant should therefore submit detailed proposals in the form of an archaeological project design.  The design should be in accordance with the appropriate English Heritage Guidelines.

NSI  Thames Water will aim to provide customers with a minimum pressure of 10m head (approximately one bar) and a flow rate of 9 liters/minute at the point where it leaves Thames Water pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

NSI  Please note that the Architecture and Urbanism Unit of the Greater London Authority will be consulted on all Landscaping plans submitted pursuant to this permission.

NSI  This decision notice follows earlier consents: reference 2006/0886   and 2007/1083.  Conditions in relation to layout and dimension of the  new basement car park; visibility; waste, recycling and dustbin   enclosures; waste management plan; design and method statement;   Crossrail and foundations; and 25 disabled car parking spaces were   originally attached to these previous consents.  However, these   details were considered and subsequently discharged, the details of   which are covered by the drawings/documents attached and hereby   approved under this consent.