Agenda item

Hackney Hospital Site, Kenworthy Road, London, E9 5TD

Decision:

 

RESOLVED that:-

 

A)  Planning Permission be GRANTED, subject to conditions.

 

B)  That the above recommendation be subject to the applicant, the landowners and their mortgagees entering into a section 106 agreement in order to secure the following matters to the satisfaction of the Assistant Director of Regeneration and Planning and the Interim Head of Legal Services.

 

C)  That in the event of the Section 106 agreement referred to in Recommendation B not being completed by 1 May 2009, the Assistant Director of Regeneration and Planning be given the authority to refuse the application.

 

Minutes:

Redevelopment of southern site at Hackney hospital to provide a primary care resource centre located in a part 2, 3 and 4 storey building to contain 2 GP practices, a community dental facility and primary care function (2239 sqm), plus residential accommodation providing 37 flats (5x1 bed/19 x 2 bed/12 x 3bed/1 x 4 bed) in a 5 storey building with penthouse level together with parking provision for 18 cars and 80 cycle spaces.

 

(Councillor Desmond arrived during the discussion of this item and so did not take part in the vote).

 

12.1  The Planning Officer introduced the report, as set out in the agenda.  He explained that planning application 2008/2014, which related to the same site, had been presented to the Sub-Committee on 3 December 2008 where it was deferred by Members to allow the applicant to go back and look at the mix of units.  The application was subsequently withdrawn to allow the residential element of the proposal to be revised.

 

12.2  The Planning Officer referred to the addendum which detailed a further objection from a resident, following the closure of the consultation period on 3 March 2009 and his response.  He added that a set of revised conditions for Recommendation A were detailed within the addendum, which dealt with the phasing issue.  The applicants confirmed that they were happy with the phasing plans suggested.

 

12.3  Steve Gilvin (Primary Care Trust), Jo McCafferty (Architects) and Paul Brand (Agent) spoke in support of the scheme, their comments are summarised as follows:-

 

§  Consultation was undertaken in 2007.

§  The centre will provide expert diagnostic services, with approximately 300-350 being dealt with a week.  The new centre will cover a wider catchment area, with public transport routes available for people living in these areas. People that normally use an ambulance service will still be offered this service.

§  The main change from the previous application is the family units now have more amenity space, with the provision of large terraces and balconies.

 

12.4  Councillor Webb raised the issue of street lamps and whether these could be placed on the building and it was confirmed that this was included with the Section 106 agreement.

 

12.5  In response to a question from the Chair regarding staff, the applicant confirmed that there would be approximately 40-50 staff based permanently on-site.

 

12.6  Discussion took place on the issue surrounding the ambulance parking bay and the Chair wished to clarify whether this affected the residual footway width.  The applicant stated that it was a TfL road and that the bay was within the curtailage of the site.  He added that it was a complex site within a red route and that the location was chosen as it provided a drop off point at the entrance of the building, with level access.  There was also limited parking within the yard.  The Chair requested that best endeavours be made for an alternative location to be found for the ambulance bay and drop off point, within the site.  This was AGREED.  

 

12.7  The Chair also referred to the travel plan and asked that this be produced in line with the TfL best practice.  This was AGREED.

 

Unanimously 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 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.  SMC6 – Materials to be approved

Details, including samples, of materials to be used on the external surfaces of the building, boundary walls and ground surfaces forming the primary care resource centre shall be submitted to and approved by the Local Planning Authority, in writing, before any work commences on the primary care resource centre. 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.  SMC6 – Materials to be approved

Details, including samples, of materials to be used on the external surfaces of the building, boundary walls and ground surfaces excluding the primary care resource centre shall be submitted to and approved by the Local Planning Authority, in writing, before any work excluding the primary care resource centre commences on the 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.

 

5.  Non standard condition

Details of a rainwater harvesting system for the primary care resource centre hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development and the system shall be installed in accordance with such approved details.

 

REASON: To ensure that the development makes a contribution to the energy and resource efficiency priorities and other sustainability objectives which are embodied in the London Plan, Hackney UDP and emerging Core Strategy.

 

6.  Non standard condition

A landscaping scheme for the primary care resource centre, 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.

 

7.  Non standard condition

A landscaping scheme excluding the primary care resource centre, including details of green walls and roofs, illustrated on detailed drawings shall be submitted to and approved by the Local Planning Authority, in writing, before any work excluding the primary care resource centre commences on the 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.

 

8.  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 or otherwise agreed in writing by the Local Planning Authority.

 

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.  SCH8 – Parking for persons with disabilities

Before the use of the primary care resource centre hereby approved first commences 3 disabled car parking spaces shall be provide for use by the vehicles of persons with disabilities as located on drawing number 2732_D_004 P1.

 

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

 

10.  SCH8 – Parking for persons with disabilities

Before the use of the residential accommodation hereby approved first commences a total of 7 disabled car parking spaces shall be provide for use by the vehicles of persons with disabilities as located on drawing number 2732_D_004 P1.

 

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

 

11.  SCH10- Provision for cycles

Secure, covered parking shall be provided for 14 bicycles in the form of Sheffield stands (or an alternative approved in writing by the Local Planning Authority), as shown on the plans hereby approved, before use of the primary care resource centre 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.

12.  SCH10- Provision for cycles

Secure, covered parking shall be provided for 63 bicycles in the form of Sheffield stands (or an alternative approved in writing by the Local Planning Authority), as shown on the plans hereby approved, before occupation of the residential accommodation 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.

 

13.  Non standard condition

No loading and unloading of goods by vehicles arriving at or departing from the premises shall take place otherwise than within the cartilage of the building.

 

REASON: To ensure that the proposed development does not prejudice the free flow of traffic or public safety along the neighboring highway and to ensure the permanent retention of the accommodation for parking/ loading and unloading purposes.

 

14.  Non standard condition

The primary care resource centre hereby approved shall not be occupied until the accommodation for car parking, turning and loading/unloading, excluding the 4 disabled car parking bays for use by the occupants of the residential accommodation, has been provided in accordance with the approved plans, and such accommodation shall be retained permanently for use by the occupiers of the premises only.  

REASON: To ensure that the proposed development does not prejudice the free flow of traffic or public safety along the neighboring highway and to ensure that permanent retention of adequate parking provision and servicing arrangement is retained in accordance to approved plans.  

 

15.  SCG1 – Restricted hours of use

The use of the health care facilities hereby permitted may only be carried out between the hours of 0700 to 2200 Mondays to Sundays and including Bank Holidays.

 

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

 

16.  Non standard condition

  Details of a scheme for sound insulation and noise control measures should be submitted to and improved in writing by the Local Planning Authority, implemented in accordance with the approved details and permanently retained thereafter to achieve the following internal noise targets:

·  Bedrooms (23:00 – 07:00 hours) 35dB L Aeq and 5dB L max (fast)

·  Living rooms (07:00 – 23:00 hours) 40dB L Aeq.

 

REASON: To ensure a satisfactory standard of residential accommodation.

 

17.  NSC3 – No roof plant

No roof plant (including all external enclosures, machinery and other installations, except for photovoltaic, solar hot water heating panels and rainwater harvesting) shall be placed upon or attached to the roof or other external surfaces of the building unless otherwise agreed in writing by the Local Planning Authority.

 

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.

 

18.  Non standard condition 

Details of hoardings to be erected during the construction of the development to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of works on site. Hoardings to be erected and maintained in accordance with the approved details until the completion of development unless otherwise agreed in writing by the Local Planning Authority.

 

B)   That the above recommendation be subject to the applicant, the landowners and their mortgagees entering into a section 106 agreement in order to secure the following matters to the satisfaction of the Assistant Director of Regeneration and Planning and the Interim Head of Legal Services.

 

1.  To secure the provision of 19 residential units as affordable housing. The provision of affordable housing to consist of 13 socially rented units (3 x 1 bed/ 4 x 2bed/ 5 x 3 bed/ 1 x 4 bed) and 6 intermediate units (4 x 2 bed/ 2 x 3 bed).

 

2.  No open market units shall be occupied or used until all of the affordable units have been transferred or contract for transfer to an RSL has been signed.  None of the residential units shall be occupied until/unless the South East Resource Centre has been built to core and shell level

 

3.  Payment by the landowner/developer of a sustainable transport contribution of £5179.00 towards works to the public highway.

 

4.  Payment by the landowner/developer of an education and libraries contribution of £43251.32 with respect to anticipated child yield from the additional residential housing units being provided in accordance with the Department for Education and Skills cost of providing a school place.

 

5.  Payment by the landowner/developer of an open space contribution of £3188.16 towards the supply and quality of open space in the immediate locale.

 

6.  Residential units to be built to Lifetime Homes standard and comply with Code for Sustainable Homes.

 

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

 

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.  15.4% 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.  The developer is required to submit two detailed travel plans that must meet the objectives outlined in the framework travel plan including the list of measures and outline specific modal targets prior to occupation.

 

14.  Upon approval of the travel plans the developer is obligated to carry out the proposed measure so as to ensure that the Travel Plan Objectives/Targets are met.

 

15.  The developer shall submit annual monitoring reports to the Council which demonstrate how the travel plans have been operated during the previous 12 months for a minimum period of 2 years.

 

16.  Within 9 (nine) months of the Implementation Date the Developer to submit and thereafter resubmit to the Council the Travel Plans until such time as the same is approved in writing by the Council.

17.  The developer shall pay the council £4000.00 in respect of its cost of reviewing and monitoring the travel plans.

 

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

19.  The applicant is advised that they will be required to enter into a highways Section 278 legal agreement with TfL and are not to occupy or use any residential units until/unless the s278 agreement has been signed with TfL

 

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

 

21.  The development to be implemented in accordance with a phasing plan to be approved in writing by the Council.

 

22.  Not to Occupy, suffer or permit Occupation of any of the South East Resource Centre unless and until a building contract has been entered into for the erection of the residential portion of the development.

 

C)   That in the event of the Section 106 agreement referred to in Recommendation B not being completed by 1 May 2009, the Assistant Director of Regeneration and Planning be given the authority to refuse the application for the following reasons:

 

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 policies ST1, H01 and H03 of the Hackney Unitary Development Plan, policies 3A.7 and 3A.8 of the London Plan 2004 and advice contained in PPS1 and PPG3.

 

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 policies EQ1, H03, CS2 and S10 of the Hackney Unitary Development Plan and policy 3A.21 of the London Plan 2004.

 

3.  The proposed development, in the absence of a legal agreement for securing the comprehensive redevelopment of the application site would fail to make the most efficient and effective use of the land in the interests of sustainable development and result in an unsatisfactory form of development to the detriment of the environmental quality of the surrounding area.  The proposal would therefore be contrary to Planning Policy Statement 1; Policy 2A.1 of the London Plan 2004 (consolidated with alterations); The London Plan Supplementary Planning Guidance – Sustainable Design and Construction (2006); and Policy EQ1 of the Hackney Unitary Development Plan (1995).

 

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, EQ48 – Designing out Crime, TR19 – Planning Standards, CS4 - Provision of Healthcare Facilities.

 

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.3 – Maximising the Potential of Sites, 3A.17 – Addressing the Needs of London’s Diverse Population, 3A.18 - Protection and enhancement of social infrastructure and community facilities, 3A.20 - Health objectives, 3A.21  - Locations for health care, 3A.22  - Medical excellence, 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.

 

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.33   Landscaping

NSI  It is recommended that the developer applies for a s61 consent for this development under the Control of Pollution Act 1974 before commencing construction on site.

 

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 at the point where it leaves Thames Waters pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

Supporting documents: