Agenda item

Former Brownswood Library, Brownswood Road, London, N4 2ST

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 deed of planning obligation by means of a Section 106 Agreement of the Town and Country Planning Act 1990 (as amended), 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 14 April 2009, the Head of Development Management be given the authority to refuse the application

 

 

Minutes:

Demolition of existing building and erection of a five storey building containing seventeen residential units (four one bedroom flats, six two bedroom flats, five three bedroom flats and two four bedroom flats) and one disabled parking space, together with associated outdoor amenity space and landscaping.

 

10.1  The Planning Officer introduced the report, as set out in the agenda.  He referred to the addendum which stated that there had been one post submission revision, with the inclusion of opaque glazed screens to the sides of the balconies on the south-west elevation.

 

10.2  He also informed Members that the drawings on the front page of the report referred to a drawing D03 rev. A.  The correct drawing was in fact D03 rev. B, which was included in Members’ A3 sized print outs.  Drawing D03 rev. A showed opaque glazing to habitable room windows on the south-west elevation of the proposed development; on drawing D03 rev. B, these windows revert to clear glazing.  In the event that planning permission was granted, the decision notice would refer to D03 rev. B and not D03 rev. A.

 

10.3  The Planning Officer also stated that an additional condition would be added for the scheme to be a car free development, within the Section 106 agreement.  This was AGREED.

 

10.4  Angela Brady spoke in objection to the scheme, her comments are summarised as follows:-

 

§  The proposed development is out of character with the surrounding area and also too bulky.

§  Fails to integrate with the existing streetscene.

§  It is one floor too high and 22% of the units are single aspect and face the car park.

§  It was previously agreed under a Section 106 agreement that the communal amenity space would remain, which had now been dropped from the current application.

§  Issue of overlooking.

§  Feels that the application is invalid as the site notice was not placed outside the site.

§  Pleased that the scheme is now be car free.

§  Feels that the number of units should be reduced to 10, with dual aspect.

 

10.5  Ben Thomas (Savills), Andy Heath (BBTW Architects) and Same Ohene (Genesis Housing Group) spoke in support of the scheme, their comments are summarised as follows:-

 

§  They had been involved in numorous pre-application meetings with the planning service within the last 4 years, during which time they had responded to a number of concerns.

§  The scheme had also been considered by the Design Panel and it had benefited from the suggestions made.

§  Providing 100% affordable housing.

§  The scheme will include a brown roof and rain water harvesting.

§  Reduced carbon emissions by 80%.

§  Car free development.

§  There had previously been no interest in the communal amenity space, which was now not included within the application.

§  The amount of amenity space provided with balconies and private gardens is deemed acceptable.

§  The issue of density was not a stand alone consideration.

§  Meets the need for affordable housing and will regenerate and enhance a derelict site.

§  The windows will be the full width of the unit, therefore maximising the amount of daylight.

 

10.6  Discussion took place regarding the issue of site notices and whether the correct procedure had taken place.  The Head of Development Management stated that in accordance with their procedures the planning service had to position a site notice on or near the site and she believed that they had fulfilled their obligation. 

 

10.7  Reference was made to the communal amenity space which had been included in previous applications and Members wished to know why it had now been removed from the application. 

 

10.8  In response, the applicant explained that there had previously been no interest in this space and no potential use identified, therefore they had asked the planning service to waive the requirement and provide 100% affordable housing.

 

10.9  The Chair asked Ray Rogers to clarify the response given by the Design Panel and he stated that they had believed that the architects were trying to do too much and that, following discussions, a better relationship between the development and the streetscene had been achieved.  He added that this was the most successful of the three schemes previously submitted.

 

10.10  The proposed materials, including the London Stock type bricks, were circulated at the meeting.  Members raised concern about the mixed palette of materials and felt that the proposed bricks should be closer to a London Stock type of brick.  The architect stated that they would be willing to look at another type of brick.  The Chair requested that the materials be conditioned for the architect to look at another type of brick and to be brought back to committee for approval.  This was AGREED.

 

10.11  In response to a question asking whether it would be viable to provide 10 units instead of the 17 proposed, the applicant confirmed that this would not be financially viable and they would be unable to provide 100% affordable housing.

 

  (Councillor Stauber voted against the recommendation).

 

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.  SCM6 – Materials to be approved

Details, including samples, of all materials to be used on the external surfaces of the building, boundary walls, railings and ground surfaces shall be submitted to and approved by the local planning authority, in writing, before work on the external surfaces, boundary walls and ground surfaces 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.  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.

 

5.  SCI3 – No roof plant

No plant (including all external enclosures, machinery and other installations; excluding solar water-heating and/or photovoltaic cells) shall be placed upon or attached to the roof or other external surfaces 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.

 

6.  SCH8 – Parking for people with disabilities

Before the use hereby permitted first commences, at least one parking space shall be marked and retained permanently for use by the vehicle of a person with disabilities, as shown on the drawings hereby approved.

 

REASON: In order to ensure that a reasonable minimum of parking spaces are located conveniently for use by people with disabilities.

 

7.  SCH10 – Secure bicycle parking

Internal lockable space shall be made available within the building for the secure parking of seventeen bicycles, before the first occupation of the development.

 

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

 

8.  NSC1 – Non-standard condition

A biodiverse, substrate-based extensive brown roof (100mm minimum depth) is to be established on the roof of the proposal. Full details thereof shall be submitted and approved in writing by the local planning authority, prior to occupation. 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 and the river corridor, to provide undisturbed refuges for wildlife, to promote sustainable urban drainage and to enhance the performance and efficiency of the proposed building.

 

9.  NSC2 – Non-standard condition

A rainwater harvesting system shall be installed and details thereof shall be submitted to the local planning authority and approved in writing before occupation of the development hereby approved first commences.

 

REASON: In the interests of maximising the environmental performance of the building.

 

10.  NSC3 – Non-standard condition

Reasonable endeavours shall be undertaken to locate street lights to the highway immediately adjoining the site onto the face of the building hereby approved.

REASON: To safeguard visual amenity and assist with the provision of a less cluttered public realm.

 

11.  NSC4 – Non-standard condition

The external door to the bin store shall be inward-opening only.

 

REASON: In the interest of keeping the wheelchair access from the adjacent ramp to the ground-floor wheelchair-accessible flat unobstructed by an outward-opening door left open.

 

12.  NSC5 – Non-standard condition

Provision is to be made within the bin store for a 1100-litre Eurobin for the purposes of co-mingled recycling.

 

REASON: In the interest of encouraging recycling provision and upholding the Council’s sustainability objectives.

 

B)   That the above recommendation be subject to the applicant, the landowners and their mortgagees entering into a deed of planning obligation by means of a Section 106 Agreement of the Town and Country Planning Act 1990 (as amended), 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.  Provision of one-hundred per cent affordable housing, comprising four one-bedroom flats, six two-bedroom flats, five three-bedroom flats and two four-bedroom flats, all for social rental.

 

2.  Payment by the landowner/developer of £2516.04 as a financial contribution towards Council library facilities. (This sum has been calculated in accordance with the approved formula in the Planning Contributions Supplementary Planning Document (SPD) (2006).)

 

3.  Payment by the landowner/developer of £46,451.91 as a financial contribution towards education facilities in the borough. (This sum has been calculated in accordance with the approved formula in the Planning Contributions Supplementary Planning Document (SPD) (2006), with child yield information based on the GLA ‘DMAG Briefing Note’ 2005/25 (updated in May 2006), using Wandsworth survey data as the best available proxy for inner London.)

 

4.  Payment by the landowner/developer of £745.79 as a financial contribution towards open space in the borough. (This sum has been calculated in accordance with the approved formula in the Planning Contributions Supplementary Planning Document (SPD) (2006).)

 

5.  The developer is required to pay, under Section 278 of the Highways Act (1980), £19,200.00 to reinstate and improve the highway and footway adjacent to the boundary of the site.

6.  Provision by the landowner/developer for the use of local labour on site during the construction phase.

 

7.  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.

 

8.  Residential units to be built to Lifetime Homes standard and to achieve Code for Sustainable Homes level 3, with all reasonable endeavours to achieve level 4.

 

9.  Achievement of an eighteen per-cent reduction minimum in carbon emissions through the use of renewable energy sources and use of low-energy technology, with best endeavours to achieve a London Plan policy-compliant level of twenty per cent.

 

10.  The applicant is to carry out all works in accordance with the National Considerate Constructors Scheme.

 

11.  Provision for at least two units to be wheelchair accessible.

 

12.  For all contracts with a value in excess of £5 million, payment by the landowner/developer of £3750.00 towards the cost of NVQ training (to secure more skilled employment for the construction industry sector).

 

C)   That in the event of the Section 106 agreement referred to in Recommendation B not being completed by 14 April 2009, the Head of Development Management 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 policy HO3 of the Hackney UDP (1995), policies 3A.7 and 3A.8 of the London Plan (Consolidated with Alterations since 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 (Consolidated with Alterations since 2004).

 

 

 

 

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; HO3 - Other Sites for Housing; CS3 - Retention and Provision of Community Facilities; 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.5  - Housing choice; 3A.6 - Quality of new housing provision; 3A.9 - Affordable housing targets; 3A.10 - Negotiating affordable housing in individual private residential and mixed-use schemes; 3A.11 - Affordable housing thresholds; 3C.2 - Matching development to transport capacity; 3C.17 - Tackling congestion and reducing traffic; 3C.23 - Parking strategy; 4A.1 - Tackling climate change; 4A.3 - Sustainable design and construction; 4A.4 - Energy assessment; 4A.6 - Decentralised energy: heating, cooling and power; 4A.7 - Renewable energy; 4A.11 - Living roofs and walls; 4A.14 - Sustainable drainage; 4A.16 - Water supplies and resources; 4B.1 - Design principles for a compact city; 4B.2 - Promoting world-class architecture and design; 4B.3 - Enhancing the quality of the public realm.

 

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.25   Disabled Person’s Provisions

   SI.27   Regulatory Reform (Fire Safety) Order 2005

SI.28   Refuse Storage and Disposal Arrangements

SI.33   Landscaping

 

NSI.1  All materials submitted pursuant to the discharge of condition 3 of this approval should be supplied and delivered at the same time in a container clearly marked with the address of the application site, reference to the application number 2008/8185, and accompanied by coloured copies of relevant elevational drawings, to which each material sample should be clearly referenced and labelled accordingly. Full specifications detailing each material's manufacturer and colour (as per manufacturer's description/name thereof) should also be submitted at the same time.

 

NSI.2  This decision notice is accompanied by a Section 106 legal agreement. It shall be implemented in full accordance with the details of that agreement.

 

Supporting documents: