Agenda item

(1) Resubmission of planning application 2008/2221 for demolition of existing building and erection of a new part 5, part 6 storey mixed use building (plus basement) to provide 7713sqm of Class B1 office accommodation and 345sqm of class A1/A3 retail/restaurant/café accommodation together with 5 off street car parking spaces (3 of which would be for disabled persons) and cycle parking, landscaping areas and a courtyard.

(2) Conservation area consent for demolition of existing buildings.

 

13.1  The Planning Officer introduced the report, as set out in the agenda.  He informed Members that this application, previously approved by the Sub-Committee on 3 December 2008, was being re-submitted because Recommendation C required that the s106 be completed by 24 December 2008 and in the event that it was not completed by this date the Assistant Director of Regeneration and Planning be given the authority to refuse the application.  Subsequently, the applicant failed to complete the s106 agreement by 24 December 2008 and the application was refused.

 

13.2  The Planning Officer confirmed that the present application remained unchanged from the application previously approved by committee.

 

13.3  There being no questions from Members, the Chair moved to the vote.

 

Unanimously RESOLVED that:-

 

 

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 (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.  Non standard condition

Details of the thermal labyrinth and combined heat and power (CHP) system shall be submitted to and approved in writing by the Local Planning Authority prior to installation or commencement of operations and the systems 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

 

5.  Non standard condition

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.  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.

 

 

 

7.  SCH8 – 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 1-304-100.

 

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

 

8.  SCH10- Provision for cycles

Secure, covered parking shall be provided for 52 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 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.  SCH11-Adequate visibility

Adequate visibility shall be provided to the highway within the application site above a height of one metre from footpath level for a distance of three metres on one/both side(s) of the permitted points of vehicular access, in accordance with details to be approved by the Local Planning Authority before any work on the site is commenced, and be so maintained.

 

REASON: In the interests of highway safety.

 

10.  SCH14-Closure of existing access

The existing access(es) to the site shall be closed permanently when the use of the new access(es) shown on the plans hereby approved is/are provided and in use.

 

REASON: In the interests of highway safety.

 

11.  SCH15 – Access only as approved

  Vehicular access to the site shall be only via the permitted access.

 

  REASON: In the interests of highway safety.

 

12.  Non standard condition

Adequate refuse storage shall be provided as shown on the plans hereby approved, before use of the development hereby permitted commences.

 

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

 

 

13.  SCS1 – 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 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.

 

14.  SCG1 – Restricted hours of use

The A1 use hereby permitted may only be carried out between the hours of 0800 to 2000 Mondays to Saturdays.

 

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

 

15.  SCG1 – Restricted hours of use

The A3 use hereby permitted may only be carried out between the hours of 0630 to 17:30 Mondays to Fridays.

 

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

 

16.  NSC2 – Internal Flue

Prior to the commencement of development, full details of the provision of an internal flue to serve the A3 use hereby approved, to terminate at roof level, shall be submitted to and approved in writing by the Local Planning Authority.  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 appearance of the building.

 

17.  NSC3 – 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 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

No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme for investigation which has been submitted by the applicant and approved by the Local Planning Authority. The development shall only take place in accordance with the detailed scheme pursuant to this condition. The archaeological works shall be carried out by a suitably qualified investigating body acceptable to the Local Planning Authority.

 

REASON: Important archaeological remains may exist on the site. Accordingly the planning authority wishes to secure the provision of archaeological investigation and the subsequent recording of the remains prior to development, in accordance with the guidance and model condition set out in PPG16.

 

19.  Non standard condition

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.  Parking shall only occur in the spaces shown on the plans hereby approved, and not on any other area of the site.

 

  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.

 

 

1.  Payment by the landowner/developer of a sustainable transport contribution of £3000 towards works to the public highway.

 

2.  The signing of a Section 278 legal agreement under the Highways Act to pay the Council £27782.11 for required for the following works to the highway:-

 

·  Take up and dispose of wearing course on footway (Bitmac paving)

·  Take up existing footway base course and dispose (Concrete)

·  Take up and dispose of existing granite kerbs

·  Provide and lay new granite straight kerbs and transition kerbs

·  Provide and lay new base course on footway

·  Provide and lay new PCC paving in accordance with the Streetscene urban design guide

·  Reconstruct / Renew existing vehicular crossover, in accordance with the Streetscene urban design guide and as directed

·  Removal of crossover as directed

·  Relocate/Renew existing lighting column (1No.), as directed

·  Renew/install line markings

 

Unavoidable works required to be undertaken by Statutory Services will not be included in London Borough of Hackney estimate or payment.

 

3.  Payment by the landowner/developer of a libraries contribution of £19205.37 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 £7935.71 towards the supply and quality of open space in the immediate locale.

 

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

 

6.  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.

 

7.  Achievement of a very good rating under BREEAM with best endeavours to achieve excellent.

 

8.  20% reduction in carbon emissions through the use of renewable energy sources and use of low energy technology.

 

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

 

10.  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.

 

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

 

12.  Best endeavours to provide a car club.

 

13.  Best endeavours to be made for the streetlamps to be placed on the building.

 

14.  Best endeavours to be made to provide rain water harvesting.

 

15.  Best endeavours to be made to provide a green roof.

 

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

 

 

1.  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 the provisions of Supplementary Planning Document: Planning Contributions (2006) and policy 3A.21 of the London Plan (2008).

 

2.  The proposed development, in the absence of a legal agreement for securing open space contributions, would be likely to contribute to pressure and demand on the Borough’s open space provision contrary to policies to the provisions of Supplementary Planning Document: Planning Contributions (2006) and policy 3A.21 of the London Plan (2008).

 

3.  The proposed development, in the absence of a legal agreement for securing  a sustainable transport contribution and Green Travel Plan, would be likely to contribute to pressure and demand on the Borough’s highway network provision contrary to policies to the provisions of Supplementary Planning Document: Planning Contributions (2006) and policy 3A.21 of the London Plan (2004).

 

 

1.  SCB2- Commencement

The development hereby permitted must be begun no later than the expiration   of three years beginning with the date of this consent.

 

REASON: In order to comply with the provisions of Section 18 (a) of the   Planning (ListedBuildings and Conservation Areas) Act 1990.

 

2.  NSC1 – Works of demolition

The demolition works hereby permitted shall not be carried out otherwise than as part of the completion of development for which planning permission reference 2008/0199 is granted and such demolition and development shall be   carried out without interruption and in complete accordance with the plans referred to in this consent and any subsequent approval of details. 

 

REASON: As empowered by Section 74(3) of the Planning (ListedBuildings and Conservation Areas) Act 1990 and to maintain the character and appearance of the Kingsland and Regents Canal Conservation Areas.

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, E12 – Office Development, EQ48 – Designing out Crime, 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.3 – Maximising the Potential of Sites, 3A.17 – Addressing the Needs of London’s Diverse Population, 3B.2 - Office demand and supply, 3B.3 - Mixed use development, 3B.4 - 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.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

 

Non Standard Informative: The development of this site is likely to damage archaeological remains. The applicant should therefore submit detailed proposals in the form of an archaeological project design. This design should be in accordance with the appropriate English Heritage guidelines.

 

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 Water pipes.  The developer should take account of this minimum pressure in the design of the proposed development.