Agenda item

Modifications to planning permission reference 2007/1841 to provide a mixed use scheme comprising 490 residential units (Class C3), 730 sqm for a community hall and related facilities Class D1), 1240 sq m retail, restaurant, business and other uses (Class A1, A2, A3, A4, B1, D1, D2), round and basement car parking (169 spaces). The development comprises seven blocks of four to twenty seven storeys in height, a new access road running between Woodberry Grove and Towncourt Path, a re-aligned junction at Woodberry Grove/Woodberry Down, a new linear public open space and new Doorstep Playable Space.

 

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

 

7.1  The Planning Officer introduced the report, as set out within the agenda.  He explained that there had been some slight alterations and that the height of the tower had now been increased by 1.8m.

 

7.2  Reference was made to the addendum, which listed the revised drawings.

 

7.3  Councillor Middleton spoke in objection to the scheme, on behalf of residents, her comments are summarised as follows:-

 

§  Felt that the report was unclear.

§  The height of the tower had now been increased from 21 to 25 storeys and requested clarification.

§  Clarification sought on the size of the intermediate units and whether leaseholders would be given the same size accommodation.

§  Happy that the community centre would now be located on the ground floor.

§  There was a need for proper air conditioning in the community centre.

§  Wished to clarify whether the libraries and education money would be ring fenced for Woodberry Down.

§  Requested that like for like businesses be replaced, so that the existing businesses do not lose their livelihoods.

 

7.3  Peter Naughton spoke in support of the scheme, his comments are summarised as follows:-

 

§  He expressed appreciation, on behalf of residents, for the work undertaken by Berkeley Homes in improving the layout of the majority of the units.

§  The issue surrounding new parking bays needed to be resolved.

§  The community facility in Block A, had now been moved to Block G.  

§  Supported the request that like for like businesses be replaced, so that the existing businesses do not lose their livelihoods.

7.4  Shaun Tickle (Agent) spoke in support of the scheme, his comments are summarised as follows:-

 

§  The changes being made were as a result of the current economic climate, in order to provide a range of tenures to meet demand.

§  The community facility was now being located in Block G on the ground floor.

§  Berkeley Homes have required 12 Towncourt Path and its demolition which will allow for the opportunity to extend Block G further westwards, increasing the number of overall units that the scheme can provide.

 

7.5  The Chair wished to clarify why the increased height of the tower was deemed acceptable and the Sustainability & Design Manager explained that in terms of overall height this was not an issue, in principle.  He added that the development retained a slight curve to the balconies, although this was not as pronounced as previously hoped and that the materials to be used could be looked at.

 

7.6  The agent informed Members that the additional storeys in the tower had been accommodated within the same envelope, as the retail units had been changed to residential units and the floor to ceiling height had been slightly reduced.  He added that he would be happy to discuss the materials with the Sustainability & Design Manager.

 

7.7  Discussion took place regarding parking and the issue surrounding the controlled parking zones and it was explained that the car parking strategy would be renewed in due course and would form part of a future application.

 

7.8  Ring-fenced money …………………………….

 

RESOLVED that:-

 

 

1.  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.

 

2.  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.

 

  External Appearance:

3.  SCM7 – Details to be approved

   Detailed drawings of the proposed development showing the reserved and other matters, as 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)  Details of the maintenance regime for the public open space and other non-curtilage open areas of the site, including the area up to the near bank of New River, detailing location and any boundary treatment proposed 

b)  The means of enclosure on all site boundaries, indicating clearly which are existing and which are proposed, and including full details of height, materials and construction

c)  The facilities to be provided for the storage and removal of waste materials for each building or area

d)  The provisions to be made within the development to ensure that people with disabilities are able to gain full access to the accommodation to be provided.

 

  REASON: To ensure the satisfactory design, layout and external appearance of the development and to ensure that the proposed development does not prejudice the open setting and conservation value of the Metropolitan Open Land adjoining and including the New River.

 

4.  SCM6 – Materials to be approved (entire site)

  Details, including samples, of materials to be used on the external surfaces of all buildings and boundary walls 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

 

5.  SCT1 - Landscaping scheme to be approved

  The landscaping of the site shall be carried out in accordance with the detailed scheme shown on the submitted drawings for the development. All landscaping in accordance with the scheme 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 is 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.

 

6.  SCM4 – Ground Surface Treatment

  Full details of all ground surface treatment to the site 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.

 

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

 

  Highways/TfL

7.  (NSC)

  Details of the following matters are reserved for further approval, to 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)  The layout of the site to a scale of not less than 1:500 and incorporating:

  1.   Detailed layout and proposals for management and security of all car parking and servicing areas (including the basement) and details of car parking provisions and facilities for Use Classes A1-4 and D uses;

  2.   Details of any proposed Controlled Parking Zones;

  3.  Details of cycle parking provisions including numbers, covered and secure provisions to accord with London Plan standards;

  4.  Details of all emergency access arrangements suitable for police, fire and ambulance service use.

 

  (b) Any public rights of way shall be preserved to allow a maximum accessibility and all footways shall be of a minimum of 2m wide footpaths with safe even surfaces and road crossings suitable for wheelchair users;

 

(c) Full details of highway/ access areas land ownership and adoption for the site

 

REASON: To ensure the satisfactory design, layout and external appearance of the development and to ensure that the proposed development does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway.

 

 

8.  SCH8 – Parking for people with disabilities

  Before the use hereby permitted first commences, at least 10% of the car parking spaces shall be marked and retained permanently for use by the vehicles of people with disabilities, including 19 spaces at basement level at locations close to the entrances to the buildings.

 

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

 

9.  SCH11 - Adequate visibility

  Adequate visibility shall be provided to the highway within the application site above a height of one metre from footpath level for a distance of three metres on one/both side(s) of the permitted points of vehicular access, in accordance with details to be approved by the Local Planning Authority before any work on the site is commenced, and be so maintained.

 

  REASON: To provide a suitable standard of visibility to and from the highway and to ensure that the use of the access does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway.

 

10.  (NSC)

  Details of the new road access shall be approved prior to commencement of any development

 

  REASON: To ensure the satisfactory design, layout and external appearance of the development and to ensure that the proposed development does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway. 

 

11.  SCH5 – Provision of parking, turning and unloading space

  No part of the development hereby approved shall be occupied until 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.

 

12.  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.

 

13.  (NSC)

  Prior to first occupation of any of the proposed new residential development, a Travel Plan shall have been submitted to and approved by the Local Planning Authority detailing means olf conveying information for new occupiers and other techniques for advising residents of sustainable travel options. The Travel Plan shall then be implemented as dwellings are occupied until completion of the development. 

 

  REASON: To enable residential occupiers to consider sustainable transport options, as part of the measures to limit any net increase in travel movements (Policy TR6 of the UDP).

 

14.  (NSC)

  Prior to first occupation of the proposed Priority Community Facility, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The Travel Plan shall then be implemented prior to the use commencing and shall be so maintained for the duration of the use, unless prior written approval of the Local Planning Authority is obtained in writing.

 

  REASON: To ensure that the travel arrangements to the business/training centre are appropriate and to limit the effects of the increase in travel movements (Policy TR6 of the UDP).

 

15.  (NSC)

  Prior to first occupation of the proposed retail and other commercial units, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The Travel Plan shall then be implemented prior to the use commencing and shall be so maintained for the duration of the use, unless prior written approval of the Local Planning Authority is obtained in writing.

 

  REASON: To ensure that the travel arrangements to the health centres are appropriate and to limit the effects of the increase in travel movements (Policy TR6 of the UDP).

 

16.  (NSC)

  Details of continuing implementation of the Travel Plans as required by these planning conditions shall be submitted to enable monitoring by the Local Planning Authority for a period of 2 years from first occupation of these uses.

 

  REASON: To ensure that the travel arrangements are appropriate, and to limit the effects of the increase in travel movements (Policy TR6 of the UDP).

 

17.  (NSC)

  Within two months of completion of each phase of the proposed development, as identified on the application drawings, all redundant accesses located within the area of development of that phase and not incorporated in the development shall be permanently closed with the kerbs, footway and verge reinstated in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

 

  REASON: To limit the number of access points along the site boundary for the safety and convenience of highway users in accordance with Policy TR9 and TR10 of the UDP.

 

  Environment Agency:

 

18.  (NSC)

  Before development commences, a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas (except privately owned domestic gardens), shall be submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as approved and any subsequent variations shall be agreed in writing by the Local Planning Authority. The scheme shall include the following elements:

a)  detail of the extent and type of new planting (native species only)

b)  details of maintenance regimes

c)  details of any new habitat created on site

d)  details of treatment of site boundaries and/ or buffers around water bodies

e)  details of the green roofs proposed

 

  REASON: To ensure the protection of wildlife and supporting habitat and secure opportunities for the enhancement of nature conservation value of the site in line with the policies set out in PPS9, London Plan and Hackney UDP. Natural networks of linked wildlife corridors can also help wildlife adapt to climate change.

 

  Environmental Health – Pollution:

19.  (NSC)

  Noise and vibration that may be foreseen prior to, or that which occurs during, construction, demolition, excavation, concrete crushing, foundation work and super-structure work shall be managed in accordance with details to be approved prior to commencement of relevant parts of the development, based on the recommendations in the applicants’ Environmental Statement Appendices on Noise and Vibration

 

  REASON: to mitigate the potential of noise and vibration nuisance to occupiers of neighbouring premises.

 

20.  (NSC)

  Full particulars and details of the scheme for sound insulation between the proposed commercial, community and residential uses of the buildings shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be installed before commencement of the use hereby permitted and permanently retained thereafter.

 

  REASON: to mitigate the potential of noise and vibration nuisance to occupiers of neighbouring premises

 

21.  (NSC)

  No construction (including demolition) which  may be audible at the site boundary or in any occupied dwelling shall be carried out except between the hours of 08:00 to 18:00 hours  (Monday to Friday), 08:00 to 13:00 hours (Saturdays), with no construction activity whatsoever on Sundays or Public Holidays.

  REASON: to mitigate the potential of noise and vibration nuisance to occupiers of neighbouring premises

 

22.  (NSC)

  Mechanical ventilation equipment and air conditioning units shall be designed, located and acoustically insulated to prevent noise disturbance. The design of equipment and units should provide an operating level of 10dB(A) below background noise level in order to achieve inaudibility and avoid adversely affecting the amenity of occupiers of dwellings in close proximity by reason of noise.

 

  REASON: to mitigate the potential of noise and vibration nuisance to occupiers of neighbouring premises

 

23.  (NSC)

  The Community Facility, Restaurants and Take-Away Establishments shall each provide a kitchen extract system to suppress and disperse odour, smoke and fume produced by cooking and food preparation without causing a nuisance to neighbours.  Details of the equipment shall be submitted to, and approved by this Council’s Planning Authority and Pollution Control with the equipment installed and in full working order prior to commencement of use. Details of these measures should be submitted to the Pollution Unit, Development Control and Building Control for consideration. The sound insulation measures will have to be in place before the premises are first brought into use and shall be maintained in an effective manner thereafter.

 

  REASON: to mitigate the potential for nuisance from cooking odours and other smells to occupiers of neighbouring premises

 

24.  (NSC)

  Details of Street Cleansing arrangements for each Quarter shall be submitted prior to commencement of construction, and

 

  REASON: To ensure the implementation of the Council’s street cleansing and public realm policies.

 

  Renewable Energy:

25.  (NSC)

  Before any relevant part of the development commences, details of all renewable energy and energy efficiency facilities and measures outlined in the Energy Strategy for the Old School site and compatible with the aims of maximising renewable energy across the whole Woodberry Down development shall be submitted to and approved in writing by the Local Planning Authority.  The submitted details shall include an assessment of how the inclusion of renewable energy technologies will contribute towards the reduction of carbon emissions from the development.  The development shall be carried out in accordance with the approved details.

 

  REASON: To ensure the proposed development contributes towards the objectives of the Mayor’s Energy Strategy in accordance with Policies 4A.7 and 4A.9 of the London Plan.

 

  Environmental Health –Contamination:

26.  (NSC)

  No development shall take place until a detailed assessment of the likely presence and extent of any contamination of the land on the site has been submitted to the Council’s Pollution Control Group.  The assessment should be carried out having regard to the technical documents relevant to the assessment of human health risks arising from contaminants in soil from Department for Environment, Food and Rural Affairs and the Environment Agency:- Assessment of Risks to Human Health from Land Contamination: An Overview of the Development of Soil Guideline Values and Related Research and Contaminants in Soil: Collation of Toxicological Data and Intake Values for Humans and Soil Guideline Values;2002, and the British Standards Institution: Investigation of potentially contaminated sites - Code of practice, BS 10175:2001.  Should the site be regarded as contaminated, then no development shall take place until proposals for decontamination works have been completed and approved by the Council’s Pollution Control Group.

 

 

  REASON: To establish whether there are any land decontamination measures required to prepare the site for development.

 

  Trees/ Landscape:

27.  SCT4 – Tree Survey/Retention Plan

  A detailed Tree Survey/Retention Plan (plan and schedule) indicating precise location, species, height and condition of each tree accurately plotted and showing which trees are to be retained and which are proposed for felling shall be approved by the Local Planning Authority before any work commences on site.

 

  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.

 

28.  SCT3 - Protection of trees on-site during site works

No demolition, site clearance or building operations shall commence until chestnut paling fencing of a height not less than 1.2 metres shall have been erected around each tree or tree group to be retained on the site, at a radius from the trunk of not less than 4.5 metres.  Such fencing is to be maintained during the course of development to the satisfaction of the Local Planning Authority.

 

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

 

  Lighting:

29.  (NSC)

   Prior to the commencement of the development, details of a lighting strategy for the development site shall be submitted, setting out the general distribution and design guidelines for all installations in the development and its public realm areas in accordance with the Council's adopted Public Realm Design Guide.

 

  REASON: To ensure that the principles of location and design of external lighting are acceptable in terms of adopted design principles, including the Woodberry Down Design Code, and enhance public safety and crime prevention.

 

30.  (NSC)

  Prior to the development commencing, details of lighting of all buildings and public areas shall be submitted. The approved lighting shall be installed before any use in the relevant part of the development commences and maintained thereafter.

 

  REASON: To ensure that the detailed location and design of external lighting are acceptable in terms of adopted design principles, including the Woodberry Down Design Code, and enhance public safety and crime prevention.

 

  Building Heights:

31.  (NSC)

  The 27 storey residential tower within Block A of the development hereby submitted shall not exceed a height to parapet of the uppermost floor of 113.4m from ground level of the building.

 

  REASON: To ensure that this tall building as finally constructed does not exceed the height shown in the application, in the interests of design, townscape and visual amenity.

 

  Technical Reports

32.  (NSC)

  Prior to the occupation of any of the development, a TV reception survey shall be submitted (carried out pre and post development) to ensure that no loss of reception occurs, with mitigation details of any loss of TV reception.

 

  REASON: To minimise any loss of amenity for existing occupiers.

 

(Wasn’t sure of the 4^th condition to be deleted from the recommendation (cond. 21), as detailed within addendum? …………..)

 

 

1.  Housing

  A contribution to the provision of 192 affordable housing units – to include 117 social rented units and 75 intermediate units, broken down as follows: Social rented: 31 one bed, 45 two bed, 36 three bed and 5 four bed flats; Intermediate: 27 one bed, 30 two bed,16 three bed flats and 2 four bed flats. All social rented units to meet Parker Morris + 10%.

 

  100% of the approved housing shall be constructed to ‘Lifetime Homes’ standards, in accordance with the London Plan, and 10% of these shall be wheelchair accessible

 

2.  Priority Community Facility

  Lease at peppercorn rent of £1 to Hackney Council of ground and first floor of Block A for use as a Community Facility with retail uses at ground floor cross-subsidising first floor community use. Details should be provided of the locally based management organisation that will be responsible for its  management and maintenance

 

  Transport

  Transport and Highways Contributions

3.  Contribution of £29,800 towards improvements in bus capacity on the area, in particular towards improvements to the No. 253 (TfL Request): contribution to be made when requested by TfL or within 24 months of implementation whichever is the sooner.

 

4.  Contribution towards improvements in Bus Stands within the Woodberry Down Area (TfL Request): contribution to be made when requested by TfL or within 24 months of implementation whichever is the sooner.

 

5.  Works to Seven Sisters Road – contribution of £424,970 to include:

·  Reduction of Seven Sisters Road from 6 lanes to 4 (10%

  Contribution)

·  New signalised crossroads at Seven Sisters Road/Amhurst Park 

  Junction

·  Upgrade to existing crossroads at Seven Sisters Road and 

    Woodberry Grove

·  new signalised pedestrian crossing

·  new uncontrolled pedestrian crossing

 

  Contribution to be made when requested by TfL or within 24 months of implementation whichever is the sooner. It is recommended that TfL be a Party to the Agreement.

 

6.  Section 38 Agreement to be signed contemporaneously between Berkeley Homes and LB Hackney which will require either Berkeley Homes to undertake the following highway works or for LB Hackney to undertake the following works:

 

·  New junction works to Woodberry Grove;

·  New pavement works to Woodberry Grove;

·  Provision of new parking bays to Woodberry Grove;

·  New pavement works to Woodberry Down;

·  New junction to Towncourt Path;

·  Revised highway layout to Towncourt Path;

·  New Pavements to Towncourt Path.

 

  Works to be undertaken within 36 months of the implementation date.

 

7.  Section 278 agreement to undertake new access road: LB Hackney noted that agreement may combine S106 and S278.

  Details should be provided of the locally based management organisation that will be responsible for the management and maintenance of internal roads and car parks.

 

8.  Contribution of £2,200 towards provision of a Controlled Parking Zone: Residents would not be restricted from obtaining residents’ parking permits though spaces would limit their actual utility. The CPZ contribution to be made prior to any occupation of residential/commercial units occurring.

 

9.  Travel Plan monitoring, including appointment of Coordinator: £3,860 contributionwhich comprises 10% of the Masterplan intended figure of £38,600. Details of the Travel Plan to be submitted and approved prior to any occupation of residential/commercial units occurring.Contribution towards establishment of a City Car Club with an operation capable of being expanded across the whole Woodberry Down development.

 

10.  Provision of improved cycle and pedestrian facilities within the scheme. These facilities include new public routes along linear park and a new pedestrian route from Woodberry Down to the river.  Details of proposed routes to be provided prior to any work being undertaken on the relevant parts of the scheme.

 

  Educational, Skills Training, Construction Training and Library Contributions

11.  A contribution totalling £1,269,000 towards primary and secondary education, education and skills training, construction training and library provision is payable in this case.

 

12.  Commitment to use of a local construction based training programme

 

13.  Library contributions totalling £88,026 in accordance with Planning Obligations SPD, for both residential and non-residential elements of the scheme. The educational, training and library contributions to be made prior to any occupation of the residential or commercial units.

 

  Sustainable Design and Development

14.  Code for Sustainable Homes: The approved housing shall be constructed to a minimum Code for Sustainable Homes Level 3, as agreed for the original Old School Berkeley scheme, with an aspiration to achieve Level 4.  Details of the independent code assessors report to be submitted prior to any work occurring on the relevant part of the development. Details of the Code Assessment to be submitted and approved prior to any occupation on site.

 

15.  The following would be submitted and approved by virtue of the S106 prior to any work occurring on the relevant part of the development.

 

·  No more than 3 community heating networks serving KSS1-4;

·  No more than 3 energy centres to serve KSS1-4;

·  Heat mains to the edge of each of the separate development areas within KSS1 (so that it easily can be linked to adjacent development sites later);

·  Decommissioning the 3 energy centres if the preferred site wide

    strategy is adopted.

·  Reasonable endeavours used to sign up with an ESCO;

·  Monitoring of the sourcing of any Biofuels used to ensure that it

    comes from sustainable sources.

 

16.  Other on-site works, Strategies and Restrictions:

·  Drainage Strategy, to including assuring the attenuation of 

  surface 

·  water run off, SUDS

·  Sustainable waste management

·  Sustainable design and construction

·  Construction Environmental Management Strategy – including

·  construction traffic routing

·  Considerate contractors scheme

·  Water pollution management

·  Control of noise pollution

·  Designing out crime – to ensure Secured by Design or

  equivalent

·  standards achieved throughout development

 

  Public Art

17.  Based on the provision for the overall Masterplan, a contribution of £11,037 as a pro rata calculation towards a total Masterplan contribution of £100,000. Contribution to be made within 24 months of the implementation.

 

  Open Space and Landscape

§  Landscape Strategy, including public parks, play space, public 

    realm, private open space, landscaping of the riverside and

    reservoirs

§  Nature conservation strategy

§  Play Strategy

 

  Section 278 – Highways Act

18.  The owner will be required to enter into agreement under Section 278 of the Highways Act, including payment to the Council costs to reinstate and improve the public highway including footways adjacent to the boundary of the site and include any measures for the relocation of street furniture and carriageway markings. 

 

 

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 (2004 as amended), the adopted Planning Contributions SPD (2006), and advice contained in PPS1 and PPG3.

 

2.  The proposed development, in the absence of a legal agreement for securing community facilities contributions, would be to the detriment of community provision in the borough and would fail to promote a mixed and inclusive community, and as such would be contrary to policy CS2 of the Hackney UDP (1995), policy 3A.15 of the London Plan, the adopted Planning Contributions SPD (2006), and advice on balanced and sustainable development contained in PPS1.

 

3.  The proposed development, in the absence of a legal agreement for securing transport and highway improvement contributions, would be contrary to policy TR19 of the Hackney UDP (1995), policies 3C.1, 3C2, 3C.9, 3C.16, 3C.19 and 3C.20 of the London Plan, the adopted Planning Contributions SPD (2006) and advice in PPG13.

 

4.  The proposed development, in the absence of a legal agreement for securing educational and library contributions, would be likely to contribute to pressure and demand on the borough’s education provision, contrary to policy CS2 of the Hackney UDP (1995), policies 3A.15 and 3A.21 of the London Plan, the adopted Planning Contributions SPD (2006) and advice on balanced and sustainable development contained in PPS1.

 

5.  The proposed development, in the absence of a legal agreement for securing training and skills development contributions, would fail to make appropriate provision towards such needs amongst residents in the new development, contrary to policy E15 of the Hackney UDP (1995), policy 3B.12 of the London Plan, the adopted Planning Contributions SPD (2006) and, and advice on balanced and sustainable development contained in PPS1.

 

6.  The proposed development, in the absence of a legal agreement for securing suitable Obligations to ensure sustainable design and development, would be contrary to policies of the Council and Mayor of London seeking progressive improvements in energy efficiency, use of renewable energy, water conservation and other sustainability aims, contrary to policies EQ44 and EQ46 of the Hackney UDP (1995), policy 3A.21 of the London Plan, the adopted Planning Contributions SPD (2006) and advice on achieving sustainable development contained in PPS1.

 

7.  The proposed development, in the absence of a legal agreement for securing contributions to public art, would fail to add to a sense of place and identity that such provision can bring to new development, contrary to policy ACE5 of the Hackney UDP (1995), the adopted Planning Contributions SPD (2006) and advice on balanced and sustainable development contained in PPS1.

 

8.  The proposed development, in the absence of a legal agreement for securing open space, landscape and nature conservation Obligations and contributions, would be fail to preserve and enhance these critical aspects of the site’s relationship with the surrounding development, New River, Metropolitan Open Land and areas of nature conservation importance, contrary to policies OS1, OS5, OS9,, OS16 of the Hackney UDP (1995), policies 3D.9, 3D10 and 3D.12 of the London Plan, the adopted Planning Contributions SPD (2006) and advice on balanced and sustainable development contained in PPS9 and PPS17.

 

  INFORMATIVES

 

i)  (SI.1) Building Control

ii)  (SI.2) Work Affecting Public Highway

iii)  (SI.3) Sanitary, Ventilation and Drainage Arrangements

iv)  (SI.7) Hours of Building Works

v)  (SI.24) Naming and Numbering

vi)  (Environment Agency) Conservation

vii)  (EA) Soil Remediation

viii)  (EA) Discharge

ix)  (EA) Potential Contamination

x)  (EA) Abstraction Licence

xi)  (EA) Geothermal systems

 

xii)  The contractor should ensure that the best practicable means as defined by Section 72 of the Control of Pollution Act 1974 are employed and have regard to the provisions of BS 5228: 1997 Noise and Vibration Control and Open Sites to ensure the construction work, including the use of plant, proceeds in a way considerate to the local community and to mitigate noise to neighbours.

 

xiii)  The use of individual retail/ commercial units as take away hot food outlets will be considered on their individual merits, without prejudice to the final decision of the Council in any case, and with any permission that may be granted likely to include conditions imposed to safeguard local residential amenity.

 

xiv)  (NSI): The London Plan and also 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, EQ16, EQ18, EQ46, EQ48, HO3, HO5, E14, E18, R4, R8, TR19, OS1-6, OS9, OS13, OS14, CS2,3,4,6, ACE 6, ACE8.  The detailed application of these policies is also summarised at paragraph 9.2 of this report.

 

xv)  (NSI): In deciding to grant planning permission the Council has also had regard to the relevant Policies of the Woodberry Down Area Action Plan – Supplementary Planning Guidance, August 2004, as well as relevant national and regional guidance.