Agenda item

2007/2330 – Erection of a part 3, part 4, part 5 storey building to provide 545.5sqm of Class B1 (Office/Light Industry) and 34 residential units, comprising 9 x 1 bed, 12 x 2 bed, 9 x 3 bed and 4 x 4 bed units together with 7 car parking spaces and associated landscaping.

 

NB:  Members are requested to note that this scheme was previously resolved for approval at Committee on the 16 April 2008 subject to the signing of a s106 agreement.  This report seeks to make amendments to the wording within recommendation B resolved at that time.

 

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

 

15.2  There being no questions from Members, the Chair moved to the vote.

 

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 (entire site)

Details, including samples, of all 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.  SCM3 - Brickwork to be approved

Full details of the facing bricks to be used for the external surfaces of the buildings shall be submitted to and approved by the Local Planning Authority, in writing, before any work on the site is commenced. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

5.  SCM5 – Boundary walls to be approved

  Full details, including materials, of all boundary walls and enclosures 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 – (SRM5).

 

6.  SCM7 – Reserved matters to be approved

  Detailed drawings/full particulars of the proposed development showing the matters set out below must be submitted to and approved by the Local Planning Authority, in writing, before any work is commenced. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

a.  Further detailing of the entrance gates and railings;

b.  Entrance doors to flats and commercial unit;

c.  Fenestration and balcony sizes.

 

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.  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.

 

8.  SCI3 – No roof plant

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: To ensure that the external appearance of the building is satisfactory and does not detract from the character and visual amenity of the area.

 

9.  SCN1 – Soundproofing

  Full particulars and details of provisions for soundproofing between the B1 use and residential units shall be submitted to an 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 commences.

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

 

10.  SCD1 - Level access

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

 

11.  SCD2 - 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.

 

12.  SCT1 - Landscaping

  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. 

 

13.  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. 

 

 

14.  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. 

 

15.  SCH2 - Delivery of goods

  No loading or unloading of goods, including fuel, by vehicles arriving at or departing from the premises shall take place otherwise than within the curtilage of the building/within the building.

 

  REASON: To assist in ensuring that the Public Highway is available for the safe and convenient passage of vehicles and pedestrians. 

 

16.  SCH4 - Forward vehicle ingress/egress only

All vehicles shall enter and leave the site only in a forward direction.

 

REASON: In the interests of road safety generally and avoidance of obstruction of the highway.

 

17.  SCH3 - Parking

  No parking of vehicles arriving at or departing from the premises shall take place otherwise than within the curtilage of the premises.

REASON: To assist in ensuring that the Public Highway is available for the safe and convenient passage of vehicles and pedestrians. 

 

18.  SCH5 - Car parking, turning and loading/unloading

  No part of the development hereby approved shall be occupied until the accommodation for car parking, turning and loading/unloading has been provided in accordance with the approved plans, and such accommodation shall be retained permanently for use by the occupiers and/or users of, and/or persons calling at, the premises only and shall not be used for any other purposes.

 

  REASON: To ensure that the proposed development does not prejudice the free flow of traffic or public safety along the neighbouring highway(s) and to ensure the permanent retention of the accommodation for parking/loading and unloading purposes. 

 

19.  SCH8 - Parking for people with disabilities

Before the use hereby permitted first commences, at least 4 car parking spaces shall be marked and retained permanently for use by the vehicles of people with disabilities at locations close to the entrances to the building(s).

 

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

 

20.  SCH9 - Marking parking areas

Before the use hereby permitted first commences, appropriate markings shall be used to delineate all car parking spaces and service areas within the site/development as shown on the permitted plans, and such marking is to be retained permanently.

 

REASON: In the interests of orderly and satisfactory parking provisions being made on the site to ensure that the proposed development does not prejudice the free flow of traffic or public safety along the adjoining highway.

 

21.  SCH10 - Cycle spaces

  Provision for 24 cycles (23 for residential component and 1 for commercial). The commercial space is to be located separate to the residential cycle parking spaces). The spaces are to be secure and to be provided as shown on the plans hereby approved before the first occupation of the development.

 

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.

 

22.  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.

 

23.  NSC - Ground contamination

  Prior to the commencement of works, details of site contamination and the appropriate of remedial measures shall be submitted to and agreed by the Local Planning Authority in writing and implemented.

 

REASON: To ensure that the development is not prejudicial to the health of the environment, surrounding and prospective occupiers.

 

24.  NSC - Contamination Desk Top Study

  Should the phase 1 Desk Top Study indicate that there is a potential for contamination, a detailed conceptual site model, which conforms to BS 10175:2001: Investigation of potentially contaminated land - Code of practice, must be submitted to the Local Planning Authority for consideration prior to implementation.

 

REASON: To ensure that the development is not prejudicial to the health of the environment, surrounding and prospective occupiers.

 

25.  NSC - Hours of Delivery

  Deliveries and dispatches to the site may only occur between the hours of 08:00 and 18:00 on weekdays and not at all on weekends or public holidays.

 

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

 

26.  NSC - Hours of Operation

  The B1 use hereby approved shall only operate between the hours of 07:00 and 20:00 on weekdays, 08:00 and 18:00 on Saturdays and not at all on Sundays or public holidays.

 

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

 

27.  NSC - External ventilation

  Full details of mechanical ventilation equipment from the kitchen area and 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 the kitchen area 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.

 

28.  NSC - External Extract Ducts

  Any air conditioning units or extract fans must be so positioned, designed and acoustically insulated so as not to cause noise disturbance or affect the amenity of residents. As such they shall be designed to operate at a level of 10dB(A) below the background noise level to render them inaudible whilst they are operating.

 

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

 

29.  NSC - Noise Levels

  Upon completion of the development, internal noise levels must comply with BS 8233:1999. A validation noise report demonstrating that this has been achieved must be submitted for approval by the Local Planning Authority prior to occupation of the residential units.

 

  REASON: To ensure that the amenity of the future occupants of the residential units is protected.

 

30.  NSC - Screening

  Full details of obscure screening, a minimum of 1.7 metres from ground level, to the first floor communal garden area shall be submitted to and approved by the Local Planning Authority, in writing, before the development commences. Screening mechanisms to be screened to be agreed with the Local Planning Authority.

 

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

 

31.  NSC - Dust emissions

  An environmental plan demonstrating how dust emissions from the site, traffic and plant during the construction phase will be controlled shall be submitted to and agreed by the Local Planning Authority in writing, and implemented, prior to any works commencing on site.

 

  REASON: To ensure that the development is not prejudicial to the health of environment and prospective occupiers.

 

32.  NSC - Energy

Before the development hereby permitted commences at the site, a scheme shall be submitted to and approved in writing by the Local Planning Authority describing the energy strategy for this development, embracing energy demand, as well as the feasibility and implementation wherever possible of energy efficient and renewable energy technologies. The development shall be carried out and completed in accordance with this scheme.

 

REASON: In order to ensure that the development is efficient in its resource use.

 

33.  NSC - Highway works

  The development hereby permitted will not be implemented until/unless the owner of the site has entered into a legal agreement with TfL for works to Wick Road pursuant to a Section 278 Highways Act 1980 and provided a copy of the same to the Local Planning Authority.

 

 

1.  To secure the provision of 100% of units as affordable housing, with a split of 65:35 socially rented/intermediate housing.

2.  Payment of an education contribution of £10,380 through s106 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.

3.  Payment of the landowner/developer of £30,000 towards environmental improvements or community facilities, including the improved links between the site and nearby open spaces.

4.  The applicant is advised that they will be required to enter into a highways Section 278 legal agreement with TfL.

5.  The submission of a Green Travel Plan covering both residential and business use, including servicing of the site. The contents to be included to be agreed with the Council.

6.  B1 to shell and core prior to occupation of residential units.

7.  All residential units to be built to lifetime home standards (except parking requirement).

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

9.  Parking spaces to be prioritised for the 4 bedroom accessible units.

10.  Submission of a legal agreement between the developer and the Registered Social Landlord agreeing that the development will be car free for the non-family units. The agreement must contain the number of family units that will not be entitled to a residents’ permit as some of the proposed onsite parking relates to the family units.

11.  A contribution of £1000 towards monitoring the level of on-street parking in the adjacent roads, subsequent to the commencement of the use of the building.

12.  Best endeavours to use local labour on site.

13.  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.

14.  Achievement of a level 4 Very Good rating under the proposed Code for Sustainable Homes.

15.  10% reduction in carbon emissions through the use of renewable energy sources and use of low energy technology.

 

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, EQ7 – External works and landscape, EQ40 - Noise Control, EQ46 – Recycling Facilities, EQ48 - Designing Out Crime, HO3- Sites for Housing, E3 – Development outside Defined Employment Areas, E14 – Access and facilities for people with disabilities, E18 – Planning Standards,  TR19 – Planning Standards, CS2 – Provision of Community Facilities as part of Development Schemes

 

 

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

SI.33   Landscaping

 

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.