Agenda item

Construction of blocks 5 and 10 Latham’s Yard.  Block 5 to be part three, part four storey and consist of 1604 sqm of light industrial and office floor space (B1) and ten residential units (4 x 1 bed and 6 x 2 bed).  Block 10 to be three storey and consist of eleven residential units (3 x 1 bed, 2 x 2 bed and 6 x 4 bed).  Both blocks are proposed in place of 2 x blocks of live work units (up to 69 units) approved by planning permission 2001/1894.

 

8.1  The Planning Officer introduced the report, as set out in the agenda.  He also made reference to the addendum which detailed further comments received from the Pollution Team, who raised no objection to the proposal but recommended a number of conditions to be added to the Recommendation A.

 

8.2  Caroline Hummel (Savills) spoke in support of the scheme, her comments are summarised as follows:

 

§  The scheme provides 52% affordable housing.

§  Six, four bed family units are being provided with significant amenity space.

§  20% renewables. 

§  The scheme will be secured by design.

§  S106 monies will be provided for a number of purposes including education and a library.

 

8.3  Discussion took place surrounding the revenue stream for the project and the change in the S106 agreement for no more than 50% of the open market dwellings may be occupied prior to the affordable units having been transferred to an approved RSL, and whether there was any possibility that the scheme may not get completed.

 

8.4  Caroline Hummel explained that they were trying to be flexible and that they were proposing a mixed use development, with the private sales helping to fund the other development.

 

8.5  The Head of Development Management added that they were considering each case on an individual basis and that the Council could serve a completion notice if the development was not completed.

 

8.6  In response to questions regarding the trees on the plan not in place yet and also whether the balconies were cantilevered, it was confirmed that highway tree works was one of the last items to be completed and that the balconies were to be cantilevered.

 

8.7  The Chair requested that a parking condition be added to ensure that cars cannot park on the land surrounding the development.  This was AGREED.

 

 

 

Unanimously RESOLVED that:-

 

 

1.  SCBO – 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.  SCB1N - 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.  SCM2 - Materials to be approved

Details, including samples, of all materials to be used on the external surfaces of the building and boundary walls 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.  SCT1 - Landscaping

All landscaping depicted on the approved drawings 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. 

 

5.  SCR3 - Mobility standards

  Ten-percent of all housing units proposed must be designed to mobility standards and be in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

  REASON: In the interest in providing satisfactory and convenient housing accommodation for persons with disabilities. 

 

6.  SCS5 - Waste

  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.

 

  REASON: To ensure refuse is not left in the street in the interests of visual amenity and to reduce the likelihood of infestation. 

 

7.  SCH10 - Cycle spaces

  Provision for 32 cycles (26 for the residential component and 6 for the B1 use). The spaces are to be secure. Details of which are to be submitted to an approved by the Local Planning Authority, in writing, before the commencement of works on site, and subsequently installed on-site/in the building in a satisfactory manner, before the development is first occupied/use commences.

 

REASON: To ensure that a reasonable provision is made within the site for the parking of cycles/motorcycles in the interest of relieving congestion in surrounding streets and improving highway conditions in general.

 

8.  NSC - Wheel washing facilities

  Wheel washing or other cleaning facilities for vehicles leaving the site during construction works shall be installed in accordance with details approved by the Local Planning Authority prior to the commencement of works on site.

 

  REASON: In the interest of highway safety.

 

9.  NSC - External ventilation

  Full details of mechanical ventilation equipment from kitchen areas, bathroom areas and/or any air conditioning units must be submitted for approval by the Local Planning Authority, in writing, before the commencement of works on site, and subsequently installed in the building in a satisfactory manner, before the development is first occupied/use commences. Mechanical ventilation equipment from kitchen areas, bathroom areas and any air conditioning units must be so positioned, designed and acoustically insulated so as not to cause noise disturbance or affect the amenity of residents as a result of fume or odorous discharge.

 

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

 

 

 

10.  NSC – Pollution Control

Prior to the commencement of the hereby approved development (or such other date or stage in development as may be agreed in writing by the Local Planning Authority), a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved, in writing, by the Local Planning Authority.  That scheme shall include all of the following elements unless specifically excluded, in writing, by the Local Planning Authority:

 

a)  A desk study identifying:

-  all previous uses;

-  potential contaminants associated with those uses;

-  a conceptual model of the site indicating sources, pathways and receptors;

-  potentially unacceptable risks arising from contamination at the site.

b)  A site investigation scheme, based on a) to provide information for an assessment of the risk to all receptors that may be affected, including those off site.

c)  The results of the site investigation and risk assessment b) and a method statement based on those results giving full details of the remediation measures required and how they are to be undertaken.

d)  A verification report on completion of the works set out in c) confirming the remediation measures that have been undertaken in accordance with the method statement and setting out measures for maintenance, further monitoring and reporting.

 

Any changes to these agreed elements require the express consent of the Local Planning Authority.

 

REASON:  The site may be contaminated from previous land use.  Site is located in a SPZ1.

 

11.  NSC – Pollution Control

No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters.

 

REASON:  The site may contaminated as a result of previous land use.

 

12.  NSC – Pollution Control

Details of site drainage shall be submitted to and approved by the Local Planning Authority.

 

REASON:  To protect the quality of groundwater.

 

13.  No works (including maintenance) audible at the site boundary of the nearest noise sensitive premises shall be undertaken outside the hours of Monday to Friday 08.00 to 18.00 and 08.00 to 13.00 Saturday or on Bank or Public holidays unless otherwise approved by the Pollution Team or where the works are approved under section 61 of the Control of Pollution Act 1974.

 

14.  Deliveries of construction and demolition materials to and from the site by road shall take place between 08.00 to 18.00 Monday to Friday and 08.00 to 13.00 Saturday and at no other time except with the prior approval of the Pollution Team.

 

 

1.  Securing 52% of units as affordable housing with a tenure mix of 6 units social rented (6 x 4 bed) and 5 units intermediate housing (3 x 1 bed and 2 x 2 bed).

2.  Contribution of £65,762.00 towards education.

3.  Contribution of £2,010.44 towards open space.

4.  Contribution of £6,782.82 towards libraries.

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

6.  No more than “50% of the open market dwellings may be occupied prior to the affordable units having been transferred to an approved RSL”.

7.  20% reduction in carbon emissions through the use of renewable energy sources and use of low energy technology.

8.  Considerate Contractor Scheme – the applicant to carry out all works in keeping with the National Considerate Contractor Scheme.

9.  Payment by the landowner/developer of all the Council’s legal and other relevant fees, disbursements and Value Added Tax in respect of the negotiations and completion of the proposed Section 106 Agreement.

10.  Achievement of a minimum Level 3 under the Code for Sustainable Homes with best endeavours to achieve Level 4.

11.  All residential units to be built to Lifetime Homes Standards.

12.  B1 to shell and core prior to occupation of any residential unit.

13.  All commercial units meet the BREEAM 'Excellent' standard.

 

 

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 HO3 of the Hackney UDP (1995), policies 3A.7 and 3A.8 of the London Plan (2004), the LDF Planning Contributions SPD (2006), 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 and CS2 of the Hackney UDP (1995), the LDF Planning Contributions SPD (2006) and policy 3A.21 of the London Plan (2004).

 

3.  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 existing open spaces, contrary to policies EQ1 and OS5 of the Hackney UDP (1995), the LDF Planning Contributions SPD (2006) and policy 3D.8 of the London Plan (2004).

 

4.  The proposed development, in the absence of a legal agreement for securing best endeavours to use local labour on-site, would be likely to harm the employment opportunities in the Borough contrary to policies ST3, EQ1, E15 and E18 of the Hackney Unitary Development Plan.

 

REASONS FOR APPROVAL

 

The following policies contained in the Hackney Unitary Development Plan 1995 and London Plan are relevant to the approved development/use and were considered by this Council in reaching the decision to grant planning permission:

 

  Hackney UDP 1995

EQ1 – Development Requirements

EQ46 – Recycling Facilities

EQ48 – Designing out Crime

E2 – Development within Defined Employment Areas

E18 – Planning Standards

HO3 – Other sites for Housing

TR19 – Planning Standards

 

London Plan (2008 - consolidated with alterations since 2004)

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.8  Soundproofing

  SI.19  Health, Safety and Welfare at Work

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.32   Consultations with TWU

 

  NSI.1  The hours of construction work on site that are audible at the nearest noise sensitive premises shall be restricted to 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 Saturday and at no time on Sundays & public holidays except by written permission of the Council or where the works are approved under section 61 Control of Pollution Act 1974.

 

NSI.2  The best practice detailed within the Building Research pollution control guides Parts 1 to 5 for controlling particles, vapour and noise pollution from construction sites must be followed throughout the enabling works, demolition and construction phase of the development. 

 

  NSI.3  The applicant is advised that they will be required to enter into a Section 61 agreement under the Control of Pollution Act 1974 with the Pollution Section before commencing work on site in order to control noise and vibration from the demolition/construction work.

 

  NSI.4  Your attention is drawn to the need to comply with the provisions of the Regulatory Reform (Fire Safety) Order 2005 where applicable. The provision of satisfactory means of escape in the event of a fire is the concern of the London Fire and Emergency Planning Authority as fire authority, and information relating thereto may be obtained from the Fire Safety Department, 210 High Street, East Ham, E6 3RS.

 

NSI.5  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.