Agenda item

2009/0469 - Section 73 application to vary condition 14 (alterations to roof finish) and vary condition 17 (to allow railings to be positioned at a distance of not less than 0.6 Metre from edge of building) of planning permission 2006/3061 dated 20/03/2007 for:- Construction of part 5 storey L- shaped Block containing 22 affordable residential units (4x 1 beds, 12 x 2 beds, and 1x3 beds 5 x 4 bed) and 320 square metres of B1 floor space on the ground floor together with the demolition of existing light industrial (B1) building.

 

NB: Members are requested to note that the matters under consideration are modifications to a previously approved planning application ref: 2006/3061, consisting of the following;

 

-  Removal from the proposal of a 260sqm extensive ‘Accessible Green Roof’ and its substitution with a 86sq.m ‘Sedum Roof’ and an area of ‘timber decking of 102sq.m which would be accessible ‘roof terrace amenity area’ for residents. This is contrary to the requirements of condition 14 which requested construction details of the extensive green roof.

-  Re-positioning of the railing which surrounds the accessible roof so it is between 0.6m and 1.3m from the edge of the building. This is contrary to the requirements of condition 17 which required all railings to be at least 2.0m from the edge of the building.

 

POST REVISION SUBMISSIONS:

Additional information has been requested and received as part of the application process to include:

 

·  Additional justification and clarification for the reason of the application (email dated 14 April 2009)

·  Improvements and details of the ‘roof terrace amenity area’ (timber decking) to include provision of permanent planters and seating incorporated into the design

·  Full design details of the railings, and cross-sections to aid analysis of the relationship with adjoining properties

 

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

 

9.2  Reference was made to the modifications made to the previous application, in particular the removal of the 260sqm extensive ‘Accessible Green Roof’ and its substitution with a 86sq.m ‘Sedum Roof’.  It was explained that this had been removed as the Housing Association were not aware at the time that the building could not support a fully accessible green roof. 

 

9.3  A question was also raised regarding the balconies and why galvanized steel was being proposed and whether glass could be used which would be less obtrusive.  The applicant explained that this had been previous considered however due to structural system issues, galvanized steel had been chosen as glass would have been too heavy.  The Chair requested that best endeavours be made for glass to be used on the balconies.  This was AGREED.

 

Unanimously RESOLVED that:-

 

 

1.  (SCB1N) ‘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.  (SCD2) ‘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 that they make full use of the development.’

 

3.  (SCI3) ‘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.

 

  REASON: In the interests of maintaining an acceptable appearance of the building.’

 

4.  (SCH10) ‘Space shall be made available for the secure parking of 22 cycles and within the site/development/building before the use is first commenced.

 

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

 

5.  (SCM6) ‘Details, including samples, of materials to be used on 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.’

 

6.  (SCM9) ‘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.  (SCM11) ‘Detailed drawings showing the following modification(s) to the scheme shall be submitted to and approved by the Council before any work is commenced on site:

 

  Revised details of the design and external appearance of the Arcola Street elevation, to reflect a better relationship between the corner articulation, the residential fenestration, the balance and composition of the façade, and any related alterations to floor plans;

 

  Improvements to the composition and design of the ground floor elevations to create a stronger relationship with the upper storeys and a stronger corner presence;

 

  Alternative cladding materials

 

  This part of the development shall be completed only in accordance with the modification(s) thus approved.

 

  REASON: The application is considered unsatisfactory in the form shown on the drawings submitted to date and this aspect of the scheme should be modified to ensure an acceptable form of development.’

 

8.  (SCR2) ‘Details of dustbin enclosures showing the design, location and external appearance, shall be submitted to and approved by the Local Planning Authority, in writing, before the use/development commences.  The development shall not be carried out otherwise than in accordance with the details thus approved.

 

  REASON: In order to provide for adequate bin enclosures in the interest of the appearance of the site and area.’

 

9.  (SCS1) ‘Details of the proposed shopfront on drawings of a suitable scale, 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.’

10.  (SCS2) ‘No roller shutters other than of the perforated grille type shall be installed on the premises.  Details of any proposed perforated grille shutter on drawings of a suitable scale shall be submitted to and approved by the Local Planning Authority in writing; and no shutter shall be installed otherwise than in accordance with the details thus approved.

   

  REASON: To ensure that the premises maintain an appropriate contribution to the streetscene, in order to safeguard visual interest, an attractive shopping environment, and on-street amenity generally.’

 

11.  (SCT1) ‘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.

 

12.  (SCT2) ‘The landscaping scheme hereby approved as part of the development shall be carried out within a period of twelve months from the date at 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 in the interests of the appearance of the site and of the area generally.’

 

13.  (SCG10) ‘No development shall take place until details and results of a soil contamination survey of the site and details of remedial measures proposed to treat/eradicate any contamination found have been submitted by the applicant and approved by the Local Planning Authority in writing.  The survey shall be carried out by a suitably qualified person or body to be agreed by the Council.  The development shall not take place otherwise than in accordance with the details so approved.

 

  REASON: To ensure that the condition of the site is suitable for the development proposed and to ensure a reasonable quality of natural environment, in order to safeguard future occupiers and users of the site.’

 

14.  (SCT3) ‘No development will take place on site until full details of tree protection have been submitted to, and approved in writing by, the Council and until such approved protection has been erected on site.

   

  Tree protection will be in accordance with BS5837:2005 (Trees in relation to construction - Recommendations) and will protect the root protection area calculated as described in Table 2 of that British Standard.

 

  The protective fencing will be 2.4m high and conform to Figure 2 of BS5837:2005 i.e. a scaffold framework comprising a vertical and horizontal framework, well braced to resist impacts, with vertical tubes spaced at a maximum interval of 3m.  On to this weldmesh panels should be securely fixed with wire or scaffold clamps.

 

  REASON: In order to protect the existing trees during building operation and site works.’

 

15.  (NSC) The development shall not be occupied, until the sedum roof and accessible roof (‘timber decking’) as shown on the plans hereby approved have been provided, and the sedum roof and accessible roof shall be maintained as such unless otherwise agreed in writing with the Local Planning Authority.

 

  REASON: To enhance the character and ecology of the development, to provide undisturbed refuges for wildlife, to promote sustainable urban drainage, to enhance the performance and efficiency of the proposed building and to enhance the amenity of residents of the development.

 

16.  (NSC) ‘Full details of renewable energy provision as proposed 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 development achieves the level of renewable energy provision on site as proposed.

 

17.  (NSC) ‘The B1 floorspace forming part of this development shall be used for B1 use only and for no other purpose.

 

  REASON: To ensure that a sufficient level of B1 floorspace is provided and maintained in this development.’

 

18.  (NSC) ‘The development shall not be occupied, until the roof terrace balustrade as shown on the plans hereby approved have been provided, and the balustrade should be maintained as such unless otherwise agreed in writing with the Local Planning Authority.

 

  REASON: To ensure the external appearance of the building is satisfactory and does not detract from the character and visual amenity of the area and to ensure that the positioning of the roof terrace balustrade does not facilitate overlooking of adjoining sites and premises’.

 

 

1.  To secure the provision of 100% of habitable rooms as affordable housing with a tenure mix of 27% socially rented and 73% intermediate. The dwellings to comprise shared ownership; 4 x 1 bedroom, 12 x 2 bedroom and Socially Rented; 1 x 3 bedroom and 5 x 4 bedroom.

 

2.  Contribution of £47,507.00 towards education.

 

3.  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 the 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.

 

4.  On occupation, the owner should provide the residents with a handbook detailing local public transport services and walking routes to schools in the area, to help achieve sustainable development.

 

5.  No Residents’ Parking Permits.

 

6.  Best endeavours to provide local labour on site.

 

7.  B1 to be fitted out to shell and  prior to the occupation of the residential units.

 

8.  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.

 

  Reason 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; TR19 – Planning Standards.

 

  The following policies contained in the London Plan 2008 (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; 4A.1 – Tackling Climate Change; 4A.3 – Sustainable Design and Construction; 4A.11 - Living Roofs and Walls; 4A.14 - Sustainable Drainage; 4B.1 – Design Principles for a Compact City.

 

Informatives

 

  The following Informative should be added:

 

(i)  SI1 Building Control

(ii)  SI2 Works Affecting Public Highway

(iii)  SI3 Sanitary, Ventilation and Drainage Arrangements

(iv)  SI7 Hours of Building Works

(v)  SI8 Soundproofing

(vi)  SI19 Health, Safety and Welfare at Work

(vii)  SI24 Naming and Numbering

(viii)  SI27 Fire Precautions Act

(ix)  SI28 Refuse Storage and Disposal Arrangements

(x)  SI33 Removal of Asbestos

(xiv)  The applicant is reminded that due to the sensitive nature of the site the Council wish to see the general quality of the design maintained and the highest quality materials should be used throughout the scheme