Agenda item
11-23 Westgate Street, London, E8 3RL
Decision:
RESOLVED that:-
A) Planning permission be GRANTED, subject to conditions.
B) 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 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 Planning and Regeneration and the Interim Corporate Director of Legal and Democratic Services.
Minutes:
Erection of a five-storey building to provide twenty-two flats (ten one-bedroom units, four two-bedroom units, six three-bedroom units and two four-bedroom units), 285.9 sqm commercial; floorspace (use class B1 or B2) and disabled car parking.
11.1 The Planning Officer introduced the report, as set out in the agenda. He referred to the addendum, which set out an additional representation received on 1 December 2008 from the head of the Ann Taylor Children’s Centre and the Planning Officer’s response to this.
11.2 Jonathan Hurd spoke in objection to the scheme, his comments are summarised as follows:-
§ There is already a parking issue in the area and the new development will only add to this problem. Feels it is unrealistic to believe that the new residents will not have cars.
§ The existing site is a car park which is heavily used by surrounding businesses.
§ The development will adversely impact Broadway Market due to the lack of parking and loading facilities.
§ There is no provision for loading bays for the new commercial units.
§ Strangely shaped units being proposed.
§ Feels that it doesn’t meet the minimum living space required.
§ Issue with noise pollution with the railway line.
11.3 Nick Makasis (architect) spoke in support of the scheme, his comments are summarised as follows:-
§ This will be a car free development so residents will not be able to apply for a permit to park on the street. However, there is parking available in the surrounding area.
§ Due to the unusual shape of the site it was not possible to incorporate loading bays for the commercial units, however there is a loading facility at the triangle piece of land opposite the site.
§ The sound report submitted has dealt with the issue of noise generated by the railway line.
§ The units will be dual aspect, with all 22 of the units having balconies. 17 of the units will also have 2 rooms accessing the balcony.
11.4 In response to a question from Councillor Desmond, the architect stated that it was his understanding that the flats would be marketed for sale.
11.5 In response to a request from the Chair the architect gave a brief explanation of the Westgate Road elevation at ground floor level and explained that the previous applications had been refused due to issues surrounding parking, which had now been resolved.
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. 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.
5. 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.
6. SCH8 – Parking for people with disabilities
Before the use hereby permitted first commences, at least two car parking space shall be marked and retained permanently for use by the vehicle of a disabled badge-holder.
REASON: In order to ensure that a reasonable number of parking spaces are located conveniently for use by people with disabilities.
7. SCH10 – Secure bicycle parking
Secure, covered parking shall be provided for thirty 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.
8. NSC1 – Non-standard condition
The timber proposed for exterior use on the elevations shall be pre-treated to prevent discolouration with a suitable water-repellant wood-preserving pigmented surface coating, with details of which finish/treatment has been used, a sample and full specifications of all timbers proposed for use anywhere on the building, together with a maintenance schedule, to be submitted to the local planning authority and approved in writing before any timber cladding is applied.
REASON: In order to make best endeavours to retain the original colour of the material, thereby preserving the appearance of the development hereby approved.
9. NSC3 – Non-standard condition
The developer/landowner shall carry out a renewable energy options appraisal setting out how at least ten per cent of the proposed development’s energy requirements will be provided through on-site renewable energy, to be submitted to the local planning authority and approved in writing prior to the commencement of construction of the development hereby approved. In the event that the ten per cent on-site renewable energy requirement is met by means other than the installation of solar thermal collectors on the roof, a sedum roof (or ‘green roof’) shall be implanted in their place.
REASON: In the interests of maximising the environmental performance of the building.
10. NSC4 – Non-standard condition
Reasonable endeavours shall be undertaken to locate street lights to the highway immediately adjoining the site onto the face of the building hereby approved.
REASON: To safeguard visual amenity and assist with the provision of a less cluttered public realm.
11. NSC5 – Non-standard condition
No doors along the site frontage shall open outwards over the public footway.
REASON: In order to ensure that pedestrian safety/amenity and the access needs of pedestrians with mobility impairments are considered and maintained.
12. NSC6 – Non-standard condition
All windows on the facade facing the existing railway line should be non-openable, with acoustically-treated ventilation, and comply with the specification in the Noise Assessment report of October 2006 carried out by RPS.
REASON: In order to safeguard the amenity of future occupiers from excessive noise disturbance.
13. NSC7 – Non-standard condition
The rating level of noise emitted from external plant and equipment, where present, shall be at least 10dB below the existing background noise level. The noise levels shall be determined at the nearest noise sensitive premises. The measurements and assessments shall be made according to BS4142: 1997.
REASON: In order to safeguard the amenity of future occupiers from excessive noise disturbance.
(Rosemary – does this recommendation need to be in 2 parts?)
14. NSC8 – Non-standard condition
The proposed development shall achieve an Ecohomes 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.
REASON: In the interests of maximising the environmental performance of the building.
15. NSC9 – Non-standard condition
A rainwater harvesting system shall be installed and details thereof shall be submitted to the local planning authority and approved in writing prior to occupation of the building.
REASON: In the interests of maximising the environmental performance of the building.
B) 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 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 Planning and Regeneration and the Interim Corporate Director of Legal and Democratic Services:
1. Payment by the landowner/developer of £3438.64 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 £53,237.44 as a financial contribution towards education facilities in the borough. (This sum has been calculated in accordance with the approved formula in the Planning Contributions Supplementary Planning Document (SPD) (2006), with child yield information based on the GLA ‘DMAG Briefing Note’ 2005/25 (updated in May 2006), using Wandsworth survey data as the best available proxy for inner London.)
3. Payment by the landowner/developer of £1,019.26 as a financial contribution towards open space in the borough. (This sum has been calculated in accordance with the approved formula in the Planning Contributions Supplementary Planning Document (SPD) (2006).)
4. The developer is required to pay, under Section 278 of the Highways Act (1980), a financial contribution (of a sum to be established by the Council’s Highways department) 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.
5. 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.
6. No resident’s parking permits are to be issued to occupiers of the development other than disabled badge-holders.
7. Residential units to be built to Lifetime Homes standard and comply with Code for Sustainable Homes.
8. 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.
9. Achievement of a level 3 rating under the proposed Code for Sustainable Homes all reasonable endeavours to achieve level 4.
10. Achievement of a rating of very good with all reasonable endeavours to a rating of excellent.
11. 20% reduction in carbon emissions through the use of renewable energy sources and use of low energy technology.
12. Considerate Constructors Scheme – the applicant to carry out all works in keeping with the National Considerate Constructors Scheme.
13. A Green Travel Plan to include servicing of the sites, to be submitted to and agreed with the Council, to include the provision of a car share scheme.
14. At least 10% of units provided shall be wheelchair accessible.
15. Provision to allow the placement of street lighting on the proposed buildings where appropriate.
16. Provision by the landowners/developer of seven units as affordable housing to be given over to Islington and Shoreditch Housing Association (or an alternative RSL (Registered Social Landlord) as agreed by the local planning authority), the dwelling mix to comprise one two-bedroom unit and two three-bedroom units under shared ownership tenure, and two two-bedroom units and two four-bedroom units for social rental.
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; EQ40 - Noise Control; E18 - Planning Standards; HO3 - Other Sites for Housing;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; 3A.1 - Increasing London’s supply of housing; 3A.2 - Borough housing targets; 3A.5 - Housing choice; 3A.6 - Quality of new housing provision; 3A.7 - Large residential developments; 3A.8 - Definition of affordable housing; 3A.9 - Affordable housing targets; 3A.10 - Negotiating affordable housing in individual private residential and mixed-use schemes; 3B.1 - Developing London’s economy; 3B.2 - Office demand and supply; 3B.3 - Mixed use development; 3B.4 - Strategic Industrial Locations; 3C.1 - Integrating transport and development; 3C.2 - Matching development to transport capacity; 3C.3 - Sustainable transport in London; 3C.23 - Parking strategy; 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; 5C.1 - The strategic priorities for North London.
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 All materials submitted pursuant to the discharge of condition 3 of this approval 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 2008/0595, 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.2 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:
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