Agenda item

Demolition of existing building and the erection of a 6 storey building to comprise of 22 residential units with associated car parking (2 disabled spaces) and landscaping.

 

(NB:  Members are requested to note a previously refused application (Council reference 2007/2732) was subsequently appealed.  Though the appeal was dismissed, there were specific aspects of the previous proposal that the inspector found to be acceptable and thus will form the basis of this planning analysis.  The appeal matters have been discussed below under ‘Part 3 History’ of this report).

 

5.1  The Planning Officer introduced the report, as set out in the agenda.  She added that the previous application did not include the provision of affordable housing and that the new scheme had been designed in-line with conservation design officers.

 

5.2  Councillor Sharer referred to the S106 agreement and the contribution of £13,250 towards healthcare and the Planning Officer explained that this figure was supported by the PCT and that this type of contribution would be seen more regularly in the future.

 

5.3  Nick Makasis (architect) was in attendance to answer any questions that arose.

 

5.4  Members wished to clarify the materials to be used and the architect confirmed that the scheme would comprise pigment render, blue zinc panelling at the central unit, with timber panels at ground floor level.

 

5.5  In response to a question from the Chair regarding the perceived effectiveness of the sonar panels, it was explained that there would be 14 panels which were tremendously efficient and an alternative to a bio-mass boiler system.

 

5.6  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 welcomed this proposal, in principle.  The Chair requested that this be added as an additional condition.  This was AGREED.

 

(Councillors Hanson and Smith did not take part in the vote, as they arrived during the discussion of the item).

 

RESOLVED that:-

 

 

 

 

 

1.  SCBO – 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.  SCB1N - 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.  SCM2 - Materials to be approved

Details, including samples, of all materials to be used on the external surfaces of the building and boundary walls 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.  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.  SCT1 - Landscaping

  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. 

 

6.  SCR3 - Mobility standards

  Ten-percent of all housing units proposed must be designed to mobility standards and be in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

 

  REASON: In the interest in providing satisfactory and convenient housing accommodation for persons with disabilities. 

 

7.  SCS5 - Waste

  Except on day(s) of collection, all refuse and waste shall be stored in sealed containers in the refuse area shown on the plans hereby approved.

 

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

 

8.  SCH10 - Cycle spaces

  Provision for at least 50 cycles spaces are to be provided securely on site.  Details of which are to 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: To ensure that a reasonable provision is made within the site for the parking of cycles/motorcycles in the interest of relieving congestion in surrounding streets and improving highway conditions in general.

 

9.  NSC - Wheel washing facilities

  Wheel washing or other cleaning facilities for vehicles leaving the site during construction works shall be installed in accordance with details approved by the Local Planning Authority prior to the commencement of works on site.

 

  REASON: In the interest of highway safety.

 

10.  NSC - External ventilation

  Full details of mechanical ventilation equipment from kitchen areas, bathroom areas and any air conditioning units must be submitted for approval 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. Mechanical ventilation equipment from kitchen areas, bathroom areas and any air conditioning units must be so positioned, designed and acoustically insulated so as not to cause noise disturbance or affect the amenity of residents as a result of fume or odorous discharge.

 

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

 

11.  NSC - External Fixed Plant Items

  Any external fixed plant items must be so positioned, designed and acoustically insulated so as not to cause noise disturbance or affect the amenity of residents. As such they shall be designed to operate at a cumulative noise level of LAeq Tr, measured or predicted at 1 metre from the façade of the nearest noise sensitive premises and shall be a rating level of 10dB(A) below the background noise level of LAF90.

 

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

 

12.  NSC - Dust emissions

  An environmental plan demonstrating how dust emissions from the site, traffic and plant during the construction phase will be controlled shall be submitted to and agreed by the Local Planning Authority in writing, and implemented, prior to any works commencing on site.

 

  REASON: To ensure that the development is not prejudicial to the health of environment and prospective occupiers.

 

13.  NSC - Ecological roofs

Full details of a biodiverse, substrate-based (75mm minimum depth) extensive ‘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, to provide undisturbed refuges for wildlife, to promote sustainable urban drainage and to enhance the performance and efficiency of the proposed building.

 

14.  CLS1 - Contaminated Land Condition

Before any remediation work, enabling works or development commences at the site a Desk Study report including full details of Site Reconnaissance, and a report containing full details of Site Investigation and Risk Assessment works completed for the site shall be produced to the satisfaction of and approved in writing by the Pollution Section.

 

 

 

15.  NSC - Car Parking and Private Amenity Space

Full details of the screening to the car parking and amenity areas of ground floor Unit 3 and Unit 4 of the hereby approved scheme 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 the on-site amenity areas provided for the two ground floor units (U3 and U4) are maintained as outdoor amenity space and not used as additional car parking.

 

 

1.  Securing 12 units (54.5% of the proposed 22 units and 58.5% by habitable room) as affordable housing to include 8 social rented units with remaining affordable units to be either social rented or intermediate housing.

2.  Contribution of £47,683.80 towards education.

3.  Contribution of £3103.90 towards libraries.

4.  Contribution of £920.04 towards open space.

5.  The signing of a Section 278 legal agreement under the Highways Act for works to the public highway and securing of £29,600.00 to fund these works.

6.  The provision of a Green Travel Plan to all residents and commercial lease holder/employees on occupation of the site.

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

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

9.  20% reduction in carbon emissions through the use of renewable energy sources and use of low energy technology.

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

11.  Achievement of a minimum Level 3 under the Code for Sustainable Homes and to use all reasonable endeavours to achieve Level 4.

12.  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.

13.  Car free development.  No car parking permits for residents.

14.  Sustainable transport contribution to the amount of £7260.00. (Calculated at £330 per residential unit).

15.  All residential units are to be built to Lifetime Homes Standards.

16.  Contribution of £13,250.00 towards Healthcare.

 

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

H03  - Other sites for housing

TR19  - Planning Standards

 

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.8  Soundproofing

SI.19  Health, Safety and Welfare at Work

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

 

NSI.1  The hours of construction work on site that are audible at the nearest noise sensitive premises shall be restricted to 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 Saturday and at no time on Sundays & public holidays except by written permission of the Council or where the works are approved under section 61 Control of Pollution Act 1974.

 

NSI.2  The best practice detailed within the Building Research pollution control guides Parts 1 to 5 for controlling particles, vapour and noise pollution from construction sites must be followed throughout the enabling works, demolition and construction phase of the development. 

 

NSI.3  The applicant is advised that they will be required to enter into a Section 61 agreement under the Control of Pollution Act 1974 with the Pollution Section before commencing work on site in order to control noise and vibration from the demolition/construction work.

 

NSI.4  Your attention is drawn to the need to comply with the provisions of the Regulatory Reform (Fire Safety) Order 2005 where applicable. The provision of satisfactory means of escape in the event of a fire is the concern of the London Fire and Emergency Planning Authority as fire authority, and information relating thereto may be obtained from the Fire Safety Department, 210 High Street, East Ham, E6 3RS.