Agenda item

Clearance of the site and the construction of a part 5, part 14 storey building for a mixed use development to provide 83 square metres of A1, B1 and/or D1 use and 97 affordable residential units (Social Rented - 11 x 1-bed, 5 x 2-bed, 23 x 3-bed, and 14 x 4-bed. Intermediate – 23 x 1-bed, 11 x 2-bed and 10 x 3-bed) with associated car parking, refuse and landscaping.

 

POST SUBMISSION REVISIONS:

·  Disabled car-park numbers on Berger Road reduced from 5 to 3 to reduce vehicle crossovers and improve courtyard space.

·  Glazing of shopfront increased to angled wall.

 

10.1  The Planning Officer introduced the report, as set out in the agenda.

 

10.2  The Chair made reference to the parking arrangements and requested that a car share scheme be included in the scheme.  The applicant confirmed that a car share scheme was provided within the proposal.

 

10.3  The Chair also raised concern about the size of the windows after looking at the plans.  The applicant explained that they had worked with a daylight/sunlight consultant in designing the building and confirmed that they always provided large windows and that the size of the windows included in the scheme were above average.

 

 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.

 

Design & Appearance

 

3.  Materials to be approved (entire site)

  Details, including samples, of materials to be used on the external surfaces of the building, boundary walls, gates 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.  Further details of be Submitted and Approved

  Detailed drawings/full particulars showing the following matters set out below must be submitted to and approved by the Council before any work is commenced on site. This part of the development shall be completed only in accordance with the modifications thus approved:-

a)  Details of adequate screening to the child playspace area

b)  Details of the lighting facilities, canopies, and entrance/waiting spaces to the residential entrance.

 

  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 and, to ensure that the playspace area is a safe environment to use.

 

5.  Landscaping Scheme to be approved

  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 is 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.  Provision of landscaping as approved

  The landscaping hereby approved as part of the development 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 is 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.

 

7.  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.  Details of any additional pipework required 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 ensure that the external appearance of the building is satisfactory and does not detract from the character and visual amenity of the area.

 

8.  Details of roof plant

Full details of all the roof plant enclosures (plans/sections and elevations) 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 ensure that the external appearance of the building is satisfactory and does not detract from the character and visual amenity of the area.

 

Transport

 

9.  Parking for persons with disabilities

  Before the use hereby permitted first commences the 3 disabled car parking spaces shall be provide for use by the vehicles of persons with disabilities as located on drawing number 0735 (PL) 101C.

 

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

 

10.  Provision for cycles

  Secure, covered parking shall be provided for at least 125 bicycles in the form of Sheffield Stands or a suitable alternative, 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.

 

11.  Marking parking areas

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

 

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

 

12.  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.

 

13.  Parking

  Parking of vehicles shall only be carried out on the areas identified for parking on the plans hereby approved, and not on any other area of the site.

 

  REASON: In the interests of orderly and satisfactory parking provisions being made on the site to ensure that the proposed development does not prejudice the visual amenity of the scheme.

 

General Conditions

 

14.  Noise

  (i) The building shall be constructed so as to provide sound insulation against external noise, to achieve levels not exceeding 30dB LAeq (23:00 to 07:00 ) and 45dB LAmax (measured with F time-weighting) for bedrooms between 23:00 to 07:00, 35dB LAeq (07:00 to 23:00) for other habitable rooms, with windows shut and other means of ventilation provided.

 

  (ii) The development shall not commence until details of a sound insulation scheme complying with paragraph (i) of this condition have been submitted to and approved in writing by the local planning authority.

 

  (iii) The development shall not be occupied until the sound insulation scheme approved pursuant to paragraph (ii) of this condition has been implemented in its entirety. Thereafter, the sound insulation scheme shall be maintained in perpetuity.

 

  REASON: To ensure a pleasant residential environment is provided for potential occupiers.

 

15.  Construction Method Statement

  Full details of a work method statement for demolition and construction, including control measures to minimise noise and dust emissions, hours of work, wheel washing facilities, and details for the disposal of materials from the site shall be submitted to, and approved by, the Local Planning Authority prior to commencement of any construction/clearance work 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: To safeguard the amenities of neighbouring properties and the area generally during construction.

 

16.  Details of refuse storage enclosure

  Details of dustbin enclosures (including mandatory recycling facilities), showing the design, external appearance and location thereof, 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 ensure there is adequate provision for dustbin and recycling facilities for the development in the interests of the appearance and amenity of the area.

 

17.  Ecological roofs

  Full details of the proposed bio-diverse, substrate based (75mm minimum depth) extensive green roofs and walls, to include a detailed maintenance plan, 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.

 

18.  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.

 

19.  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.

 

20.  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.

 

21.  Shopfront details to be approved

Details of the proposed shopfront on drawings on a scale of 1:50, together with materials used in construction, shall be submitted to and approved by the Local Planning Authority, in writing, before any work is commenced on this part of the development.  The shopfront shall include additional glazing on the angled wall facing Berger Road.  The development shall not be carried out otherwise than in accordance with the details thus approved.

 

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

 

22.  Sustainable Urban Drainage

 

No development shall take place until details of the implementation, maintenance and management of the sustainable urban drainage scheme have been submitted to and approved by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details.  Those details shall include:

 

i. a timetable for its implementation, and

ii. a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable urban drainage scheme throughout its lifetime

 

23.  Restriction of Use

The ground floor commercial premises hereby approved shall be only used for:

 

Use Class A1 (Retail);

Use Class A2 ((a) financial services, or (b) professional services);

Use Class D1 ((a) for the provision of any medical or health services, (b) as a crêche, day nursery or day centre, (c) for the provision of education, (d) for the display of works of art (otherwise than for sale or hire), (e) as a museum, (f) as a public library or public reading room);

Use Class B1 (Business).

 

and for no other purposes including any other purposes in Classes A1, A2, D1, or B1 of the Schedule to the Town and Country Planning (uses Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order.

 

REASON: In the interest of general residential amenity

 

 

1.  To secure the provision of 100% of units as affordable housing, with a split of 55%:45% socially rented/intermediate.

 

2.  That the provision of 100% (97 units) affordable housing be secured by Network Housing Association or another RSL approved by the Council, providing 53 social rented units and 44 intermediate units.

 

3.  Payment by the landowner/developer of an education and libraries contribution of £290,659.79 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/child playspace contribution of £4,454.24 towards the supply and quality of open space in the immediate locale.

 

5.  A contribution of £129,544 towards public realm and highways works in the vicinity of the site. This will comprise of:

 

o  The signing of a Section 278 legal agreement under the Highways Act to pay the Council 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 (£79,544).

o  A contribution directed towards the improvements in the public realm within the vicinity of the site to improve the public realm in the local area to encourage walking and cycling (£50,000).

 

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

 

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

 

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

 

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

 

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

 

11.  At least 10% of units provided shall be wheelchair accessible.

 

12.  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 and a provision for annual review. 

 

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

 

14.  Best endeavours to provide a car club parking space.

 

15.  Parking shall only take place on the parking spaces shown on the approved drawings, and not on any other area of the site.

 

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.

 

 

1.  The proposed development, in the absence of a legal agreement for securing affordable housing, would be to the detriment of housing needs in the Borough and would fail to promote a mixed and inclusive community and as such would be contrary to Policy H03 of the Hackney Unitary Development Plan, Affordable Housing SPD (2005), Policies 3A.1, 3A.2, 3A.3, 3A.5, 3A.6, 3A.8 and 3A.9 of the London Plan, and advice contained in PPS1 and PPS3.

 

2.  The proposed development, in the absence of a legal agreement for securing educational contributions, would be likely to contribute to pressure and demand on the Borough’s education provision contrary to Policy EQ1 of the Hackney Unitary Development Plan, Planning Contributions SPD (2006), and Policy 3A.24 of the London Plan.

 

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   Fire Precautions Act 1971

  SI.28   Refuse Storage and Disposal Arrangements

  SI.34   Landscaping

  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  Thames Water will aim to provide customers with a minimum pressure of 10m head (approx. 1 bar) and a flow rate of 9 litres/minute and the point where it leaves Thames Water’s pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

  NSI  Surface water management should utilise sustainable drainage techniques (SUDS), in accordance with the SUDS management train (Ciria C909).  Please contact the Environment Agency for further details.

  NSI  Care should be taken to ensure that no debris or other materials can fall onto Network Rails land.  Approval must be obtained from Network Rails Outside Parties Engineer.

  NSI   Any scaffold which is to be constructed adjacent to the railway must be erected in such a manner that at no time will any poles or cranes over-sail or fall onto the railway.  All plant and scaffolding must be positioned, that in the event of failure will not fall on Network Rail land.

  NSI   Consultation required on any alterations to ground levels.  Should be noted that Network Rail concerned about excavations within 10 metres of the boundary with the operational railway and will need to be assured that the construction of the foundations and footings will not impact on the stability of the railway.  A full method statement must be supplied and agreed with Network Rail’s Outside Party Engineer.

  NSI   NR not aware whether any PPG24 noise and vibration assessment has been carried out for this location.  Amenity will need to be addressed.

  NSI   Additional flows of surface water must not be discharged onto NR land nor into NR culverts or drains.  Soak ways should not be constructed within 10metres of the boundary with the operational railway.

  NSI  1.8 metre high fence should be constructed to avoid trespass and vandalism and provide acoustic insulation for the residential units.

  NSI  To ensure residential units built without encroachment onto operational railway line all buildings and structures should be set back at least 2 metres from boundary with operational railway or at least 5 metres for overhead power lines. Landscape details along railway corridor to be submitted.