Home
Agenda item

Agenda item

33-35 Hoxton Square, London, N1 6NN

Meeting of Planning Sub-Committee, Wednesday 3 December 2008 6.30 pm (Item 6.)

Decision:

RESOLVED that:-

A) Planning Permission be GRANTED, subject to conditions.

B) Conservation Area Consent be GRANTED, subject to conditions

C) That the above recommendations be subject to the applicant, the landowners and their mortgagees enter 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 Corporate Director of Legal and Democratic Services.

D) That in the event of the Section 106 agreement referred to in Recommendation B not being completed by 18 December 2008, the Interim Head of Regulatory Services be given the authority to refuse the application.

Minutes:

Erection of a part 4 storey, part 5 storey building plus basement to provide Class B1 and/or Class A1 (retail gallery on the basement and ground floor), Class B1 on part of the first and second floors and 8 residential units on the remainder of the upper floors.

6.1 The Planning Officer introduced the report, as set out in the agenda. A model of the scheme was displayed at the meeting for Members’ information and the Planning Officer explained that the application had been slightly altered since the model had been reduced, details of which were identified within the presentation.

6.2 The Planning Officer referred to the addendum which identified that South Shoreditch Conservation Area Advisory Committee had since made representations against the proposal, as they felt that by nature of its scale and mass, the proposed building would have a detrimental impact on the setting and character of the conservation area. The addendum also detailed additional comments received on behalf of a neighbouring resident in Hoxton Square, with comments by the Planning Officer.

6.3 The Planning Officer also referred to the addendum, in which the following should be added to Section 5.2 of the report:

1. PPS1 – Sustainable Development and Climate Change;

2. PPS3 – Housing;

3. PPG4 – Industrial/Commercial;

4. PPS10 – Waste Management;

5. PPS12 – Local Spatial Planning;

6. PPG13 – Transport;

7. PPG15 – Historic Environment;

8. PPG16 – Archaeology;

9. PPS22 – Renewable Energy; and

10. PPG24 – Noise.

6.4 Steve Rankin and Dillon Lin spoke in support of the scheme, their comments are summarised as follows:

§ The design has slightly changed from the original scheme submitted.

§ Building designed in consultation with Planning Officers.

§ The building is designed as a prism to ensure the required daylight/sunlight for the neighbouring properties and also been in contact with the Planning Officer regarding this issue.

§ Fresh approach which adheres to planning guidelines.

§ Disappointed with the comments made by English Heritage, as they have recognised the varied nature of the buildings located in Hoxton Square.

6.5 The Chair asked for the view of the Urban Design and Conservation Manager, his comments are summarised as follows:

§ Respect the views of English Heritage and he would not disagree if he was considering Shoreditch as a whole, however due to the nature of Hoxton Square and the buildings located there he took a different view.

§ Each side of Hoxton Square is unique due to the varying nature of the buildings located there.

§ Of the opinion that the proposed scheme follows the nature of the existing buildings and that Hoxton Square is the only place where this type of development could be built.

§ The building responds well at street level and it is an opportunity to make a positive contribution to the area.

6.5 Kevin Moore stated that he felt people would have different views on this development, however he was of the opinion that if you were building next to a listed building you should build the best development possible and he was firmly in support of this scheme.

6.6 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 agreed, in principle, for best endeavours to be made for the streetlamps to be placed on the building. The Chair requested that this be added as part of the section 106 agreement. This was AGREED.

6.7 The Chair also asked whether rain water harvesting was being provided and the architect stated that they had submitted a sustainability report and that this could be explored. The Chair requested that this be added as an additional condition. This was AGREED.

(Councillors Desmond did not take part in the vote, as he arrived during the discussion of the item).

RESOLVED that:-

A) Planning Permission 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 permission.

REASON: In order to comply with the provisions of Section 91(1) of the Town and Country Planning Act 1990 as amended.

2. 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.

3. Details including samples, of all materials to be used on the external surfaces of the building shall be submitted to and approved by the Local Planning Authority, in writing, before work on the external 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. No roof planes facing southwards or south of the highest part of the roof shall be clad in reflective materials. The details, including samples submitted for approval under condition (3) above shall incorporate all necessary information to demonstrate that no undue reflection of sunlight is likely to occur.

REASON: To ensure that no dazzle or concentrated sunlight is focussed on the enclosed courtyard and surrounding windows of the properties to the rear of the site in Hoxton Street.

5. Detailed drawings showing the following shall be submitted to and approved by the council before any work is commenced on site and the development shall be completed only in accordance with the details thus approved:

a) Details and representative cross-sections of windows, doors and balconies and glazing to all elevations;

b) Detailed design and materials of the open front basement area and railings at pavement level;

c) Signage planned for the building;

d) External landscaping of any part of the development;

e) Details of the location and capacity of storage facilities for refuse and waste stored for recycling from the premises.

REASON: To ensure that the external appearance of the development building is satisfactory and does not detract from the character and visual amenity of the area, and enables waste materials to be stored satisfactorily.

6. Three of the residential units hereby approved shall be constructed to conform to the Lifetime Homes standards as specified in ‘Meeting Part M and designing Lifetime Homes’ (published in 1999), in accordance with the submitted information, unless otherwise agreed by the Local Planning Authority.’

REASON: As proposed in the scheme, in order to ensure that a significant proportion of the dwellings are capable of use or adaptation for a wide range of future household needs, including people with disabilities.

7. A level access shall be provided to all ground floor 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

8. No soil stacks, soil vent pipes, flues, ductwork or any other pipework shall be fixed to either of the street frontage elevations of the building or roof planes.

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.

9. Level access shall be provided to all ground floor units or accommodation hereby approved before the use is first commenced.

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

10. No construction shall commence until such time as the Applicant has entered into a legal Agreement with the Council pursuant to S278 Highways Act 1980 substantially in the format appended at Second Schedule to cover the following works to the public highway:

· Take up existing bitmac paving and replace with new PCC (Pre-cast Concrete).

· Take up and dispose of granite kerbs and replace with new.

· Mesh reinforced slabs 75mm thick to be used across two cross over areas

· Install tactile paving where required.

· Upgrade/installation of road markings

· Adjustments to stats covers where acceptable

11. 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 for each Quarter, which has been submitted and resubmitted until such time as approved in writing by the 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 Local Planning Authority.

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

12. Prior to occupying any residential dwelling forming part of the Development each new resident of the Development shall be informed by the relevant Owner of the Council's policy that they shall not be entitled (unless they are the holder of a disabled persons badge issued pursuant to Section 21 of the Chronically Sick and Disabled Persons Act 1970) to be granted a Residents Parking Permit to park a vehicle in a Residents Parking Bay and will not be able to buy a contract to park within any car park owned, controlled or licensed by the Council.

REASON: To ensure that the development advances the principles of sustainable transport embodied in the London Plan

The approved mixed use housing and commercial building shall be constructed to take account of the best practice sustainable development principles embodied in the Building Research Establishment Code for Sustainable Homes and BRREAM assessment methods. Details of an independent code assessor’s report (based on a submission aiming for the highest practicable level based on the submitted scheme and incorporating all relevant and readily available environmental management measures) and utilising either separate assessments or a bespoke overall assessment shall be submitted prior to any work commencing on the development. Details of the final Code Assessment for dwellings or groups of dwellings shall be submitted and approved in writing as soon as they have been carried out, prior to first occupation of any relevant part of the development.

REASON: To ensure that the development makes a contribution to the Council's energy and resource efficiency priorities and other sustainable planning objectives, by reference to the government’s Code for Sustainable Homes and/or the BREEAM accreditation scheme, as appropriate.

14. Before development commences, details of the following shall be submitted to and approved in writing by the Local Planning Authority and the approved measures implemented:

· soundproofing of premises;

· insulation of premises (including ventilation);

· extraction of fumes (for any Class A3, A4 and A5 uses);

· Details of insulation of plant/machinery before use on the non-residential parts of the building

REASON: To ensure no undue loss of amenity for nearby occupiers or prospective occupiers or prospective occupiers of the development

15. The A1/B1 Gallery use hereby permitted may only be carried out between 08:00 hours and 23:00 hours on any day, and 09.00 hours and 20.00 hours on Sundays and Bank Holidays.

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

16. Except on day(s) of collection, all refuse and waste shall be stored in sealed containers in the refuse area shown on the details required by condition (4) above, as subsequently approved.

REASON: To ensure refuse is not left in the street in the interests of visual amenity and to reduce the likelihood of infestation.

17. No roof plant enclosures, machinery or other installations shall be placed upon or attached to the roof or other external surfaces of the building unless otherwise approved by the Local Planning Authority.

REASON: To safeguard the appearance of the property.

18. Internal lockable storage space shall be made available for the secure parking of 8 cycles within the building 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 cycles in the interest of relieving congestion in surrounding streets and improving highway conditions in general.

19. The use of the basement, ground floor and non-residential part of the first floor shall be within Use Classes B1 and A1 only.

REASON: To ensure that the proposal gives the opportunity to maximise and maintain both employment and commercial floorspace within this Defined Employment Area in the Hackney USP (Saved designation).

20. The entrance doors in the Hoxton Street elevation shall open inwards clear of the public footway.

REASON: To avoid any obstruction of the public highway, in the interests of pedestrians and other highway users.

21. The eastward-facing windows of the western bedroom in flats 2 and 5 (First and Second Floor respectively), and the eastern-facing edge of the external terrace of flat 7 (Third Floor), all as annotated in red on submitted plan Nos A-SK110, 120 and 130, shall be glazed in obscured glass and so maintained thereafter.

REASON: To ensure that no direct or perceived overlooking of nearby residential accommodation takes place.

22. Streetlamps ……………………..

23. Rain water harvesting ………………….

B) Conservation Area Consent be GRANTED, subject to the following conditions:

1. The development hereby permitted must be begun no 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.

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 2006/3381 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.

1. Payment by the landowner/developer of an education contribution of money 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. - total contribution of £24,440.

2. Contributions to library facilities, amounting to £553.

3. Agreement and compliance with an implementation plan under the Considerate Contractor scheme.

4. Achievement of a car-free scheme by no entitlement to residents’ parking permits in CPZ.

5. Highway re-instatement works (S278)- mainly footways and carriageway markings – total estimated cost of £38,200.

6. Measures to recruit local employment both in construction and within the completed development.

7. Training opportunities for 2 local employees during construction.

8. Completion of employment & retail uses prior to occupation of new residential.

· The proposed development, in the absence of a legal agreement for securing educational and library facilities contributions, would be likely to contribute to pressure and demand on the Borough’s education provision contrary to policies EQ1, H03, CS2, and CS10 of the Hackney Unitary Development Plan and policy 3A.21 of the London Plan 2004.

· The proposed development, in the absence of a legal agreement for securing a commitment towards local employment and training initiatives sustainable travel initiatives/ walking and cycling/ and public transport in the area, would be contrary to policy E15 of the Hackney Unitary Development Plan and policy 3B.11 of the London Plan 2007.

· The proposed development, in the absence of a legal agreement for securing highway reinstatement contributions and a commitment towards achievement of a car-free housing element through restriction of parking permit applications would fail to contribute to sustainable travel in an area of excellent public transport availability, contrary to policies TR6 and TR19of the Hackney Unitary Development Plan and policy 3C.23 of the revised London Plan 2007.

REASONS FOR APPROVAL

1. The following policies contained in the Hackney Unitary Development Plan (1995) are relevant to the approved development and uses and were considered by this Council in reaching the decision to grant planning permission:

Hackney Unitary Development Plan 1995:

EQ1 Development Requirements

EQ12 Protection of Conservation Areas

EQ13 Demolition in Conservation Areas

EQ14 Alterations & Extensions of Buildings in Conservation Areas

EQ16 Protection of Listed Buildings

EQ18 Setting of Listed Buildings

EQ20 Buildings of Local Significance

EQ29 Archaeological Heritage

HO3 Other Sites for Housing

TR19 Planning Standards

Proposals Map: Within the South Shoreditch Defined Employment Area (Saved designation)

South Shoreditch SPD:

Policy 1.2 Mixed uses

Policy 2.3 Retail

London Plan Policies:

3A.1 Increasing London’s Supply of Housing

3A.5 Housing Choice (Inc Lifetime Homes)

3A.6 Quality of New Housing Provision

3C.2 Matching Development to Transport Capacity

3C.23 Parking Strategy

4A.3 Sustainable Design and Construction

4B.1 Design Principles for a Compact City

4B.2 Promoting World-Class Architecture

4B.5 Creating an Inclusive Environment

4B.11 London’s Built 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.27 Fire Precautions Act 2005

SI.28 Refuse Storage and Disposal Arrangements

SI.32 Consultations with TWU

SI.33 Landscaping

The applicants are reminded about the provisions of the Building Regulations in relation to fire precautions and access to buildings.

Supporting documents: