Agenda item

Demolition of existing building and construction of a part six, part seven storey building to provide 90sqm of commercial (A1, A2, B1 and D1) floorspace on the ground floor and 16 residential flats (5 x 1 bed, 8 x 2 bed, 3 x 3 bed) above, with a disabled car parking space, 16 cycle parking spaces and associated facilities.

 

POST SUBMISSION REVISIONS:  A minor revision to the external appearance of the scheme was sought and agreed by the applicant.  This included:

 

§  Metal balustrades being added to the windows to the east and south elevation to increase visual interest.

§  Widening of the residential entrance way and hall (from 1.2m to 2.3m) to improve its relationship to the street.

 

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

 

9.1  The Planning Officer introduced the report, as set out in the agenda.  He referred to the addendum which stated that on a review of pertinent case law, there was no record found that suggested that ‘Water Supply’ should be considered as a material planning consideration.  In addition, Thames Water had not objected to the proposed development connecting to the mains water supply, and it was considered that water supply was an issue normally resolved between Thames Water and the developer.

 

9.2  Steven Smeeth and Les Sullivan spoke in objection to the scheme, their comments are summarised as follows:-

 

§  They had submitted a letter of objection and an annotated photograph to the Planning Officer, for consideration.

§  Loss of daylight.

§  Already an issue of overcrowding in the surrounding area.

§  The sewerage and water system was already not fit for purpose, especially at Caliban Towers.

§  There had already been two instances of flooding at the previously agreed 168 Pitfield Street.

§  Concerned that a crane and materials would be stored in the car park of Caliban Towers.

§  Correspondence received from the planning service had not been sent to all local residents.

 

9.3  Tim Gaskell (Agent) spoke in support of the scheme, his comments are summarised as follows:-

 

§  Undertaken detailed discussions with the Council and details of the scheme had changed as a result.

§  The scheme will be run by One Housing, which was one of the Council’s preferred RSLs.

§  The scheme provides good sized, quality units, with private amenity space to a number of them.

§  There are already a number of 5,6 and 7 storey buildings in the vicinity.

§  The scheme is located within a CPZ and they will restrict the number of residents applying for permits. 

§  There will be no loss of light to Caliban Towers.

§  There will also be no issue of overlooking to Caliban Towers, as all of the windows to the main living areas will face the main road and any facing Caliban Towers, eg bathrooms, will have obscured windows.

§  The development will be an improvement to the streetscape of the area.

 

9.4  Reference was made to the issue surrounding water supply and, as stated within the addendum, it was confirmed that this was not a material planning concern and that Thames Water was a statutory consultee.

 

9.5  In response to the concerns raised by the objectors regarding loss of light, the Planning Officer referred Members to page 153 of the agenda which stated that the applicant had submitted a BRE daylight/sunlight report; the scope of which was considered acceptable given the site context.

 

9.6  In response to the concern raised regarding the crane and materials being left in the car park, the applicant stated that the lift would be located within the lift core of the building during construction and that the construction plan needed to be agreed with contractors and also with the housing association.

 

9.7  Reference was made to the attenuation water tank, as detailed within the addendum, and the applicant had confirmed that rainwater harvesting would be possible as part of the attenuation that was required.  The Chair requested that a sophisticated attenuation and water recycling system be added as an additional condition.  This was AGREED.

 

9.8  A question was raised regarding the first floor terraces and whether these would be screened.  The Planning Officer stated that screens were identified on the plans but that this could be conditioned.  This was AGREED.

 

  (Councillor Sharer abstained from the vote).

 

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.

 

3.  Materials to be approved

  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.  Details to be approved

  Further details of the design and treatment of the doors to the proposed disabled parking bay and biomass boiler room shall beshall 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.

 

5.  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.

 

6.  No roof plant

No machinery or any plant (air condensing units etc) shall be fixed to the roof of the building unless otherwise agreed in writing by the Local Planning Authority before any building works commence.

 

  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.  Parking for persons with disabilities

  Before the use hereby permitted first commences the 1 disabled car parking spaces shall be provide for use by the vehicles of persons with disabilities as located on drawing number 2 (12) 00 Rev A.

 

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

 

8.  Provision for cycles

  Secure, covered parking shall be provided for at least 16 bicycles, 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.  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.

 

10.  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.

 

11.  Level Access

  A level access shall be provided to all ground floor unit 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.

 

12.  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.

 

13.  Perforated roller shutters

  Details of any proposed open grille roller shutter on drawings to a scale of 1:20 shall be submitted to and approved by the Local Planning Authority, in writing, and no shutters shall be installed otherwise than in accordance with the details thus agreed.  No roller shutters other than of the open grille type shall be installed, unless otherwise agreed with the Local Planning Authority in writing.

 

  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.

 

14.  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.

 

 

15.  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 52% of units (by habitable rooms) as intermediate affordable housing by RSL One Housing Group or another RSL approved by the Council

 

2.  That the provision of the affordable housing be secured by an RSL approved by the Council.

 

3.  That the development be ‘car-free’ and that no resident be entitled to a resident or visitors car-parking permit (with the exception of disabled residents or eclectically powered vehicles)

 

4.  Payment by the landowner/developer of an education and libraries contribution of £89,936.00 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.

 

5.  Payment by the landowner/developer of an open space contribution of £669.12 towards the supply and quality of open space in the immediate locale.

 

6.  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.

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.  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.