Agenda item

(Councillor Smith left the Chamber during the discussion of this item).

 

Demolition of existing buildings and the construction of a new part 3, part 8 storey building to provide 36 residential units (6 x 1 bed, 18 x 2 bed, 8 x 3 bed, 4 x 4 bed) along with 4 disabled car parking spaces and associated landscaping.

 

NB: The application was reported to members of the Planning Sub-Committee on 3 December 2008. At this meeting, members DEFERRED the application to allow them to carry out a visit to the site and similar schemes built by the developer.  The site visit was carried out on 19 December 2008.

 

6.1  The Planning Officer introduced the report, as set out in the agenda.  The applicants circulated samples of the proposed materials, for Members’ information.

 

6.2  The Planning Officer referred to the addendum and informed the Sub-Committee that following the previous meeting, where an addendum had outlined changes to the mix of affordable housing to reduce the intermediate units from 24 units to 9 units, the applicant had submitted, that for ease of management, 10 intermediate units would provide the optimal arrangement.  This was an increase from the 9 that had been considered the minimum number of intermediate units, and as such, the Council’s Housing Officer considered this to be acceptable.

 

6.3  Councillor Akehurst spoke in objection to the scheme, on behalf of residents, his comments are summarised as follows:

 

§  Received many representations from local residents expressing their strong opinions of objection to this application. This was only the second time in his seven years as a Councillor he had attended a Planning Sub-Committee meeting to speak in objection to a scheme.

§  The local residents were not in objection to additional housing in the area but were purely in objection to the 8 storey tower.

§  Felt that the meaningfulness of the consultation seemed to have been lost and wanted to ensure that the concerns raised throughout the consultation period were considered.

§  Felt that the Council should look at ways for section 106 money to be used locally, as a result of loss of amenity for residents.

§  A good relationship between the neighbours and developers was needed.

 

6.4  Martin Sugarman spoke in objection to the scheme, his comments are summarised as follows:

 

§  Fully aware that the 8 storey tower was in-line with guidance, however it did not promote quality of life for residents.

§  Felt that the views of residents were being ignored and expressed his objection to the 8 storey tower and residents were especially disappointed as they were a housing association.

§  The tower will create lack of privacy and overshadowing.

§  Lack of communication between the housing association and residents.

§  ISHA should come back with an alternative plan with the tower reduced.

 

6.5  Justin Kelly and Colin Archer spoke in support of the scheme, their comments are summarised as follows:

 

§  This was not just a re-submission of the previous scheme, as the number of dwellings had been reduced from 42 to 36 following consultation, however the proposal of reducing the 8 storey tower was not justified.

§  Happy to continue dialogue with local residents and community groups/resident associations.

§  Trying to replace 29 sub-standard units with 36 units, which will be aimed at families.

§  The new scheme will make the area of Lyme Grove safer.

 

6.6  Councillor Hanson made reference to a similar site built by Islington and Shoreditch Housing Association and asked whether this scheme would be of the same standard of design. 

 

6.7  The applicant stated that some of the details of the design of the scheme referred to that were unfortunate and that the scheme would be monitored by the planning department.  He recognised that they did not get it entirely right last time and had learnt from their mistakes.

 

6.8  The Chair asked whether the section 106 money could be allocated to the locality and the Principal Solicitor stated that any s106 money should benefit the ward as far as possible.  The Assistant Director added that the Council now had project banks which looked at allocating funding locally.

 

6.9  The Chair requested that the following two conditions be added to the recommendation:-

 

§  Section 106 monies be prioritised for the immediate area.  This was AGREED.

§  The developer to liaise closely with local residents throughout the construction of the development.  This was AGREED.

 

Unanimously RESOLVED that:-

 

 

1.  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.  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.  Materials to be approved (entire site)

Details, including samples, of 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.

 

4.  Modifications to be Approved

Detailed drawings showing the following modification(s) to the scheme shall be submitted to and approved by the Local Planning Authority, in writing, before any work is commenced on site:

 

·  The bin store and the service space entrances should be grouped together with darker coloured (and more low profile) doors to avoid the dominance of the bin store and service space entrance. 

·  A canopy or similar should be provided to address the main entrance.

 

This part of the development shall be completed only in accordance with the modification(s) thus approved.

 

REASON: The details are considered unsatisfactory in the form shown on the drawings submitted to date and these aspects of the scheme should be modified to ensure an acceptable form of development.

 

5.  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.

 

6.  Parking

No part of the development hereby approved shall be occupied until accommodation for car parking, turning and loading/unloading has been provided in accordance with the approved plans, and such accommodation shall be retained permanently for use by the occupiers and/or users of, and/or persons calling at, the premises only, and shall not be used for any other purposes.

 

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 accommodation for parking/loading and unloading purposes.

 

7.  Parking for persons with disabilities

Before the use hereby permitted first commences the 4 accessible car parking spaces shall be provide for use by the vehicles of persons with disabilities as located on drawing number J06.262/D(00)102.

 

REASON: In order to ensure that a reasonable minimum of parking spaces are located for persons with disabilities prior to occupation.

 

8.  Provision for cycles

Secure, covered parking shall be provided for 54 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.

 

9.  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.

 

 

 

10.  Protection of trees on-site during site works

No demolition, site clearance or building operations shall commence until chestnut paling fencing of a height not less than 1.2 metres shall have been erected around each tree or tree group to be retained on the site, at a radius from the trunk of not less than 4.5 metres.  Such fencing is to be maintained during the course of development to the satisfaction of the Local Planning Authority.

 

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

 

11.  No roof plant

No roof plant (including all external enclosures, machinery and other installations, except for photovoltaic and solar hot water heating panels) shall be placed upon or attached to the roof or other external surfaces of the building.

 

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.

 

12.  Refuse Disposal

Adequate refuse storage shall be provided as shown on the plans hereby approved, prior to the occupation of the development hereby permitted.

 

REASON: In order to assist in the proper disposal of waste and to protect the appearance of the area.

 

13.  Waste Storage

Except on days of collection, all refuse and waste shall be stored in sealed containers in the refuse areas shown on the plans hereby approved.

 

REASON: In the interests of the appearance of the street and the amenity of adjoining occupiers.

 

14.  Level Access

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.

 

15.  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.

 

16.  Ecological (Green) Roof

Full details of a bio-diverse, substrate based (75mm minimum depth) extensive brown/green roof shall be submitted to and approved by the Local Planning Authority, in writing, before construction commences. 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.

 

17.  Secured by Design

The development shall achieve a Certificate for 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.

 

18.  Construction Method Statement

Full details of a work method statement including measures to control and minimise noise 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.

 

19.  Dust Control

No development shall commence on site until a scheme to minimise the threat of dust pollution during site clearance and construction works (including any works of demolition of existing buildings or breaking out or crushing of concrete) have been submitted to and approved in writing by the local planning authority.  The approved scheme shall include a watering regime in the event of dry weather, dust screens, etc., as appropriate, and shall be implemented in its entirety once development has commenced.

 

REASON: In order that the local planning authority may be satisfied that the demolition process is carried out in a manner which will minimise possible dust pollution to neighbouring properties.

 

§  Section 106 monies be prioritised for the immediate area. 

§  The developer to liaise closely with local residents throughout the construction of the development.

 

 

1.  To secure the provision of 100% of units as affordable housing, with a split of 72%:28% socially rented/intermediate.

 

2.  That the provision of 100% (36 units) affordable housing be secured by Islington & Shoreditch Housing Association providing 26 social rented units and 10 intermediate units.

 

3.  Payment by the landowner/developer of an education and libraries contribution of £92,862.62 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.

 

4.  Payment by the landowner/developer of an open space contribution of £1,697.40 towards the supply and quality of open space in the immediate locale.

 

5.  Payment by the landowner/developer of a sustainable transport contribution of £11,880.00 towards works to the public highway.

 

6.  The signing of a Section 278 legal agreement under the Highways Act to pay the Council £97,500 for required works to the highway.  Unavoidable works required to be undertaken by Statutory Services will not be included in London Borough of Hackney estimate or payment.

 

7.  The landowner/developer covenants to use all reasonable endeavours to ensure that the residential development is retained as car free with the exception of those who are medically certified disabled.

 

8.  All residential units to be built to Lifetime Home standards.

 

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

 

10.  Achievement of a level 3 rating, with all reasonable endeavours to achieve level 4, under the proposed Code for Sustainable Homes.

 

11.  20% reduction in carbon emissions over the whole site 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.  At least 10% of units provided shall be wheelchair accessible.

 

14.  A Green Travel Plan to include servicing of the site, to be submitted to and agreed with the Council, to include the provision of a car share scheme. 

 

15.  Provision to allow the placement of street lighting on the proposed buildings where appropriate.

 

16.  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; EQ48 – Designing out Crime; HO3 – Other sites for Housing; TR19 – Planning Standards; SPG1 New Residential Development; 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.8 – Definition of Affordable Housing; 3A.9 – Affordable Housing Targets; 3A.10 – Negotiating Affordable Housing; 3A.11 – Affordable Housing Thresholds; 3A.17 – Addressing the Needs of London’s Diverse Population; 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.3 – Sustainable Design and Construction; 4A.7 – Renewable Energy; 4A.22 – Spatial Policies for Waste Management; 4B.1 – Design Principles for a Compact City; 4B.3 – Enhancing the Quality of the Public Realm; 4B.5 – Creating an Inclusive Environment; 4B.6 – Safety, Security and Fire Prevention and Protection; 4B.8 – Respect Local Context and Communities; Housing SPD 2005.

 

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   Regulatory Reform (Fire Safety) Order 2005

SI.28   Refuse Storage and Disposal Arrangements

  SI.33   Landscaping

 

NSI  There is a Thames Water main crossing the development site which may need to be diverted at the developer’s cost, or necessitate amendments to the proposed development design so that the main can be retained.  Unrestricted access must be available at all times for maintenance and repair.  Contact Thames Water, Ph. 0845 850 2777, for further information.

 

NSI  With regard to surface water drainage, it is the responsibility of the developer to make proper provision for drainage.  Contact Thames Water, Ph. 0845 850 2777, for further information.

 

NSI  It is recommended the developer to obtain Section 61 consent from this department under the Control of Pollution Act 1974 prior to commencing demolition/construction on site.