Agenda item

Section 73 application for minor amendments; revision to elevation and internal layouts, connected to approved planning permission ref: 2006/0721 (for erection of a 6 storey plus basement building to provide 45 residential units (10 x 1 bed, 20 x 2 bed, 7 x 3 bed and 8 x 4 bed) and 2350 sqm of class B1 (office) floorspace.

 

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

 

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

 

7.2  The Chair asked whether the provision of trees on the roof was included within the proposal.  The Planning Officer stated that the application covered the same area as the previous application and that this could be incorporated into the landscaping condition, to be approved.

 

7.3  The Chair also asked that a parking condition be added to ensure that on site parking was restricted to the four disabled parking spaces proposed.  This was AGREED.

 

Unanimously RESOLVED that:-

 

 

1.  B1 – 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 the Town and Country Planning Act 1990 as amended.

 

2.  NCC – Control of building hours

The building works required to carry out the development allowed by this permission  shall only be carried out within the following times:

 

0800 to 1800 Hours Monday to Friday

0800 to 1300 Saturday

 

No building works shall be carried out on Sundays and Bank Holidays.

 

Noisy operations shall not take place outside these hours unless the Council has agreed that there are exceptional circumstances, for example to meet police traffic restrictions, in an emergency or in the interests of public safety.

 

REASON: To safeguard the amenity of adjacent residents and the area generally in accordance with Council policy.

 

3.  R3 – Residential units to Mobility Standards 

The housing units proposed must be designed to mobility standards and be in accordance with details to be submitted to and approved by the Local Planning Authority.

 

4.  M4 - Ground surface treatment to be approved

Full details of all ground surface treatment to the site shall be submitted to and approved, in writing, by the Local Planning Authority, in writing, before any work on the site is commenced.  The development shall not be carried out otherwise than in accordance with the details thus approved.

 

5.  M5 – Boundary walls to be approved

Full details, including materials, of all boundary walls and enclosures 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.

 

6.  M9 – 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.

 

7.  D1 – Level access

A level access shall be provided to all ground floor units/shops hereby approved before the use is first commenced.

 

8.  T1 – Provision of landscaping as 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 to include the replacement of any plants that die, or are severly damaged, seriously diseased, or removed.  

 

9.  S5 – Storage of refuse within the premises

Except on day(s) of collection, all refuse and waste shall be stored in sealed containers in the refuse area shown on the plans hereby approved.

 

 

 

10.  I3 – No roof plant

No roof plant, including all external enclosures, machinery and other installations shall be placed upon or attached to the roof or other external surfaces of the building.

 

11.  H8 – Parking for persons with disabilities

Before the use hereby permitted first commences, 3 car parking spaces for the residential units and 1 car parking space for the commercial use shall be marked and retained permanently for use by the vehicles of persons with disabilities at locations close to the entrances to the building(s).

 

12.  M2 – Materials to be approved

Full details, with samples, of the materials to be used on the external surfaces of the buildings, including glazing, shall be submitted to and approved by the Local Planning Authority in writing before any work on the site is commenced.  The development shall not be carried out otherwise than in accordance with the details thus approved.

 

13.  M3 – Facing bricks to be approved

Full details of the facing brick(s) to be used for the external surfaces of the building(s) shall be submitted to and approved by the Local Planning Authority, in writing, before any work on the site is commenced. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

14.  H9 – Marking for parking

Before any part of the development hereby permitted is occupied, appropriate markings shall be used to delineate all car parking spaces and service areas within the site/development as shown on the permitted plans, such marking to be maintained permanently.

 

15.  H4 - Forward vehicle ingress/egress only

All vehicles shall enter and leave the site only in a forward direction.

 

16.  SCB0 – Development only in accordance with the submitted 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.

 

 

·  To secure the provision of 36% of units as affordable housing with a tenure mix of 69% social rented and 31% intermediate. 

·  No Residents’ Parking Permits.

·  Service management plan

·  Best endeavours to provide local labour on site.

·  The signing of a Section 278 legal agreement under the Highways Act to pay the Council to reinstate and improve the footway adjacent to the boundary of thse site, and include if required, any access to the Highway, measures for street furniture relocation, carriageway markings, access and visibility safety requirements.  Unavoidable works required to be undertaken by Statutory Services will not be included in London Borough of Hackney estimate or payment.

·  The applicant shall provide written evidence to this Council’s Planning Monitoring Officer that all occupants and prospective buyers of the residential units hereby approved have formally been notified that the site lies within a Defined Employment Area where the Council’s planning policies encourage the retention and re-use of adjoining sites and premises for employment generating uses, which might include the full range of B-Class uses. These may include general and light industrial buildings, warehouses and offices, etc. which could be potentially disturbing to future residents of the units hereby approved. The Council will not seek to restrict any existing or future employment generating use of adjoining sites on the basis of the residential content of the residential accommodation hereby approved.

·  That all employment units hereby approved shall be completed to shell and core condition and ready for occupation prior to the first occupation of the residential units hereby approved. The owner / developer shall inform the Council’s Monitoring Officer of such a completion date in advance.

·  Prior to the commencement of works on site the applicant shall submit to the Council a noise abatement/attenuation scheme for approval and that such an agreed scheme shall be implemented to the satisfaction of the Council prior to the occupation of the first residential unit hereby approved

·  Contribution of £105,274.00 towards education.

·  Payment by the landowner/developer of £12,857.00 towards the improvement of local community facilities/Open space(s) in the locality.

·  Payment by the landowner/ developer of £58,864.00 towards the improvement of play facilities appropriate for children aged 0-16 in the locality.

·  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 fails to promote a mixed and inclusive community and as such  would be contrary to Policies HO1, and HO3 of the Hackney Unitary Development Plan 1995, 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 securing no residential parking permits for future occupiers of the development, may contribute to the creation of an unsafe and poor quality environment contrary to policies EQ1, TR16 and TR19 of the Hackney Unitary Development Plan 1995.

 

3.  The proposed development, in the absence of a legal agreement for a Section 278 of the Highways Act Agreement, would lead to the creation of an unsafe and poor quality environment contrary to policies EQ1, TR16 and TR19 of the Hackney Unitary Development Plan 1995.

 

4.  The proposed development, in the absence of a legal agreement for securing B1 use details prior to the occupation of the residential component, would be likely to harm the employment opportunities and provision of employment floor space in the Borough contrary to policies E2, E5 and E13 of ……………………..?

 

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:

 

(i)  Reason for Approval (NSI1)

(ii)  SI2 Works Affecting Public Highway

(iii)  SI3 Sanitary, Ventilation and Drainage Arrangements

(iv)  SI8 Soundproofing

(v)  SI19 Health, Safety and Welfare at Work

(vi)  SI24 Naming and Numbering

(vii)  SI27 Fire Precautions Act