Agenda item

2009/0521 - Part-demolition of existing building (with façade retention) and erection of a new part-two, part-four-storey building (plus two basement levels) to provide a two-screen cinema and associated facilities, including café, event/presentation space, office accommodation and data-storage facility (modification of planning permission ref. 2005/2637).

 

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

 

10.1  Councillors Stops and Hanson both wished to note that they recognised the architect from the labour party group but did not feel it was necessary to declare a personal interest.

 

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

 

10.3  Jasia Szerszynska and Janet Scott spoke in objection to the scheme, their comments are summarised as follows: 

 

§  Felt that consultation took place too late in the process.

§  The proposed development was too bulky and in an inappropriate location.

§  The surrounding roads will also be adversely affected by the development.

§  Loss of sunlight and privacy to surrounding properties.

§  Noise pollution with the late night cinema and 24 hour air conditioning system.

§  The development will also adversely impact people that work from home in the neighbouring properties.

§  The area is not served well by public transport.

§  Extend an invitation for Members of the Sub-Committee to attend the site before making a decision on the application.

§  Increase in height in respect of the existing building, which contributes to loss of daylight, outlook and shadowing.

§  Two previous applications on the site had been refused on the grounds of bulk/mass.

 

10.4  Charles Moran (Shoreditch Trust) and Hugh Gorban (Architect) spoke in support of the scheme, their comments are summarised as follows:

 

§  The application had previously been approved in 2006 and the revised application incorporated a number of additional facilities.

§  The bulk/scale of the proposed development was unchanged from the previously approved application, which was now marginally smaller at the rear.

§  The objections received during the consultation stage had been taken into consideration.

§  The scheme formed a key element of the Shoreditch Trust Delivery Plan.

 

10.5  The main differences between the previously approved scheme and the new application were detailed on page 255 of the report.

 

10.6  In response to questions raised regarding the perceived use of the building and parking, the applicant stated that this was a commercial venture to meet the needs of local communities and that it was a car free development, as it was viewed as a local facility.

 

10.7  Reference was made to the issue of rainwater harvesting and the Planning Officer explained that this was covered by way of a condition.  The applicant stated that they were restricted by the size of the site and that they would make best endeavours for this to be provided.

 

Unanimously RESOLVED that:-

 

 

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.  SCH10 – Secure bicycle parking

Internal lockable space shall be made available within the development for the secure parking of eight bicycles, before use of the development first commences.

 

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.

 

7.  SCN1 – Soundproofing (details to be approved)

Full particulars and details of provisions for soundproofing between all external walls and an assessment of the noise levels likely to be produced between the office accommodation and the cinema, and between the cinema and the neighbouring residential accommodation, shall be submitted to and approved 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 commenced.

 

REASON: In order to minimise the transmission of noise and vibration between and within units in the interests of providing satisfactory accommodation.

 

8.  SCL6B – Original features to be retained (general)

All existing ornamental features including chimney pieces, plasterwork, architraves, panelling, doors and staircase balustrading shall remain undisturbed in their existing position and shall be fully protected during the course of works on site, unless specifically authorised otherwise on the drawings hereby approved.

 

REASON: To ensure that those features which contribute to the special architectural and historic interest of the building are retained.

 

9.  SCG10 – Soil contamination survey/treatment

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.

 

10.  SCR8 – Obscured glazing

The large rectangular window on the south elevation at second floor level shall be permanently glazed in obscured glass and kept fixed shut.

 

REASON: To safeguard against overlooking of adjoining sites and premises.

 

11.  SCM10 – Erection of boundary fence/wall

Before the commencement of the use of the building hereby permitted, a gate shall be constructed and permanently retained at the Buttesland Street entrance to the site together with the installation of security lighting, and details of the said gate and lighting shall be submitted to approved by the local planning authority, in writing, before its construction.

 

REASON: To ensure that the site is secured.

 

12.  NSC1 – Non-standard condition

A biodiverse, substrate-based extensive greeb 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.

 

13.  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.

14.  NSC3 – Non-standard condition

Full details of dustbin enclosures showing the design, location, waste separation, recycling facilities and external appearance, shall be submitted to and approved by the local planning authority, in writing, before the development commences. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON: In the interest of sustainable waste disposal.

 

15.  NSC4 – Non-standard condition

Details of an environmental plan, shall be submitted to and approved by the local planning authority prior to development, which demonstrates how dust emissions from the site, traffic and plant during the construction phase will be controlled.

 

REASON: The site lies within the borough's air-quality management area, and in the interests of maintaining a reasonable natural environment.

 

16.  NSC5 – Non-standard condition

Doors and windows to the cinema must be kept closed whilst films are being shown and amplified music is being played, and there shall be no noise audible from amplified audio recordings at the boundary of the premises at any time.

 

REASON: In the interests of residential amenity.

 

17.  NSC6 – Non-standard condition

Full details of mechanical ventilation equipment and air conditioning units, shall be submitted to and approved by the local planning authority, showing how these units are positioned, designed and acoustically insulated so as not to cause noise disturbance or affect the amenity of neighbouring residents.

 

REASON: In the interests of residential amenity.

 

18.  NSC7 – Non-standard condition

Details of how the first-floor space is to be demarcated between the four uses indicated on the proposed first-floor plan (drawing no. 1-340.P.101), comprising event space, a private cinema, terrace café and flexible workspace, shall be submitted to the local planning authority and approved in writing before use of the development hereby approved first commences. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON: In order to establish the distribution of uses on the first floor.

 

 

 

1.  Payment by the landowner/developer of £1494.00 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).)

 

2.  Payment by the landowner/developer of £442.80 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).)

 

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

 

4.  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.

 

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

 

6.  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).

 

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; ACE1 - New Arts, Culture and Entertainment Development; ACE2 - Promoting the Development of New Arts, Culture and  Entertainment Facilities; ACE8 - Planning Standards; 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; 3C.2 - Matching development to transport capacity; 3C.17 - Tackling congestion and reducing traffic; 3C.23 - Parking strategy; 3D.4 - Development and promotion of arts and culture; 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.34   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 2009/0521, 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.