Agenda item

Mixed use development to provide 207 residential units (70 x 1 bed, 69 x 2 bed, 45 x 3 bed and 23 x 4 bed including 65 affordable units) 5130sqm B1 floor space, 704sqm D1 (health centre)/B1 floor space, 271sqm A1 (retail) floor space, 86sqm A3 (restaurant) floor space, 336sqm B8 floor space plus associated landscaping, refuse and cycle storage together with 53 car parking spaces.  This application is accompanied by associated Conservation Area Consent and Listed Building Consent applications.

 

POST REVISION SUMMARY:

The following details have been provided following the consultation period and have sought to respond to points raised by LBH officers and the GLA:

 

Play Space and Sunlight Plan – PL312 April 2009

Wheelchair Adaptable units – PL305

Typical Lifetime Home unit – PL306, 307, 308, 309, 310,

PBA – Technical notes (Bus Stop Audit Notes) - 02/04/2009, Bus stop map, Bus stop audit

Hoare Lea – Response to GLA’s comments, April 2009

Amendments to Delva Patman Associates Daylight and Sunlight Study (KingsWharf )20^th April 2009.

 

(Councillor Desmond arrived during the discussion of this item and so did not take part in the vote).  

 

8.1  The Planning Officer introduced the report, as set out in the agenda.  A model was displayed at the meeting for Members’ information.

 

8.2  The Planning Officer referred to the addendum and informed the Sub-Committee that since the report was written, a further ten objection letters had been received.  It was explained that the grounds of objection predominately reiterate comments previously made and as set out in the report.  One further point referred to the lack of cross section and elevation drawings to the East Basin side of the application, which were submitted by the applicant.

 

8.3  Tiago Correia spoke in objection to the scheme, his comments are summarised as follows:-

 

§  Representing Kingsland Wharf residents.

§  Loss of daylight/sunlight.  Units had been incorrectly clarified, as a result 5 units failed to comply.

§  Phasing and completion – the B1 office space should be completed before the rest of the development.

§  Feel that artists are being pushed out of the borough.

§  Barbican Arts Group Trust charity had been operating in the area for 35 years, providing affordable space for artists.  They were not included within the development.

 

8.4  Michael Doyle (Agent) spoke in support of the scheme, his comments are summarised as follows:-

 

§  They are an RSL that operate on a not-for-profit basis.  Therefore all profits made on the development would be recycled.

§  The daylight/sunlight report showed that 100% of the units were compliant with guidelines.

§  Read out a letter from the Barbican Arts Group Trust stating that they were happy with the proposed scheme and plans. 

§  They were happy to come to some agreement regarding the relocation of the Barbican Arts Group Trust.

 

8.5  Discussion took place surrounding the daylight/sunlight issue and the Planning Officer explained that there were 3 different measures used.  The tests concluded that under the average daylight factor, it was found that they all conformed with guidance.  Although 2 rooms were found to have insufficient light, it was not deemed significant enough as it did not affect the whole unit.

 

8.6  In response to a question regarding kitchens and lounges, it was stated that 3 out of 4 of the affordable units would have separate kitchens and lounges, and that the private units would have large, open plan living areas with a kitchen included. 

 

8.7  Discussion took place regarding access to the basin and timings, as Members stressed that they did not want to lose access to the pontoon.  The intention was for the basin to be opened during daylight hours.  It was explained that this would be covered by an accessibility plan, which needed to be submitted for approval.  This was AGREED.

 

8.8  Reference was made to the ecology zone and whether the overhanging trees and existing vegetation would be retained and protected.  The  agent explained that two ecology zones were included within the proposal.

 

8.9  In response to concerns raised by the objector regarding the Barbican Arts Group Trust, it was requested that the Barbican Arts Group Trust form part of the development, with equivalent affordable workspace and that the condition would need to come back to committee if this was not achieved.  This was AGREED.

 

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.  SMC6 – Materials to be approved

Details, including samples, of materials to be used on the external surfaces of the building, roof, boundary walls and ground surfaces shall be submitted (accompanied by the design and access report submitted under the approval and a copy of the Officers Committee Report) 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.

 

3.  SCM7 – Details 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. Windows, glazing bar profiles, and architraves;

  b. Balconies and balustrade

  c. screening to Roof terrace at Commercial Wharf

 

REASON: To ensure that the external appearance of the building is   satisfactory, the existing natural habitat is not detrimentally impacted 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 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.  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.

 

6.  SCH14 – Closure of existing access

The existing accesses to the site shall be closed permanently when the use of   the new accesses shown on the plans hereby approve are provided and in use.

 

REASON: To confine access to the permitted points in order to ensure that the development does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway.

 

7.  SH5 – Provision of parking, turning, unloading facilities

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.

 

8.  SCT1 –Landscaping scheme to be approved.

A hard and soft landscape scheme illustrated on detailed drawings together with full samples accompanied by the Design and Access statement hereby approved,  shall be submitted to and approved by the Local Planning Authority, in writing, before any work commences on site, to include the planting of tree and shrubs showing species, type of stock, and numbers  to be   included and showing areas to be grass seeded or turfed, ephemeral reflection pool to the Stable Yard, Regent Canal stream map, benches, interpretation boards, lighting, topographical ground levels and ; 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 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.

 

9.  SCT3 – Protection of Trees 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 operations and site works.

 

10.  SH10 – Provision for cycles

Internal lockable space shall be made available for the secure parking of cycles as shown on the plans hereby approved prior to the first occupation or use of the development in accordance with the phasing plan.

 

REASON: To ensure that 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.

 

11.  SCH11 – Adequate visibility to entrance

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 the sides 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.

 

12.  NSC - noise

The development hereby approved shall be built out in accordance with the Peter Brett Planning and Noise Assessment November 2008 except where details showing the following modifications to the scheme shall be submitted to and approved by the Local Planning Authority, in writing, before any work is commenced on site:

 

a. Details of a sound insulation scheme where the front elevation facing Kingsland Road shall be constructed so as to provide sound insulation against external noise, to achieve levels not exceeding 30dB LAeq and 45dB LAmax (night) for bedrooms, 35dB LAeq (day) for other habitable rooms, with windows shut and other means of ventilation provided;

b. Full written details, including relevant drawings and specifications, of the proposed works of sound insulation against airborne noise to meet D'_nT,w + C_tr dB of not less than 55 between the ground floor and first floor, where residential parties non domestic use, shall be submitted to and approved in writing by the local planning authority. 

c. Details of noise emission from fixed plan’, the rating level of the noise emitted from the fixed equipment (to include A/C units, air handling units etc) on site shall be 5dB below the existing background level at any time.  The noise levels shall be determined at the facade of any noise sensitive property.  The measurements and assessments shall be made according to BS4142:1997;

d. Detailed plans and a specification of the appearance of and the equipment comprising a ventilation system for the A3 use hereby approved, which shall include measures to alleviate noise, vibration, fumes and odours (and incorporating active carbon filters, silencer(s), and anti-vibration mountings where necessary).  After the system has been approved in writing by the authority, it shall be installed in accordance with the approved plans and specification before the development hereby approved first commences.

e. Details of a noise assessment and mitigation to the use of the basement car park.

The sound insulation and mitigation measures shall be retained permanently in accordance with the approved details.

 

REASON: To safeguard the amenities of the occupiers of proposed dwellings, amenity of adjoining premises and the area generally.

 

13.  NSC – Non- standard condition

A bio diverse, substrate-based extensive green roof (75mm minimum depth) 

should 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.

 

14.  EA Condition

  The development permitted by this planning permission shall only be carried out   in accordance with the approved Flood Risk Assessment (FRA) carried out by   Peter Brett Associates LPP project Ref: 17007/103 dated October 2008 and the   following mitigation measures detailed within it:

 

REASON: To reduce the risk of flooding to the proposed development and future occupants.

 

15.  EA Condition

  Prior to the commencement of development approved by this planning   permission (or such other date or stage in development as may be agreed in   writing with the Local Planning Authority), the following components of a   scheme to deal with the risk associated with contamination of the site shall   each be submitted to and approved, in writing, by the Local Planning Authority:

 

  i.  all previous uses;

  ii.  potential contaminants associated with those uses;

  iii.  a conceptual model of the site indicating sources, pathways and receptors;

  iv.  potential unacceptable risks arising from contamination at the site.

 

Any changes to these components require the express consent of the Local Planning Authority.  The scheme shall be implemented as approved.

REASON: Although (c.) and (d.) have been fulfilled, additional site investigation is required to allow for a full characterisation of the sit with respect to controlled waters.  This should include an assessment of the risks to the quality of controlled waters.

 

16.  EA Condition

  If, during development, contamination not previously identified is found to be   present at the site then no further development (unless otherwise agreed in   writing with the Local Planning Authority) shall be carried out until the developer   has submitted, and obtained written approval from the Local Planning Authority   for, an amendment to the remediation strategy detailing how this unsuspected   contamination shall be dealt with.

  REASON: This is to prevent pollution to controlled waters.

 

17.  EA Condition

  No infiltration of surface water drainage into the ground is permitted other than   with the express written consent of the Local Planning Authority, which may be   given for those parts of the site where it has been demonstrated that there is no   resultant unacceptable risk to controlled waters.

  REASON: This is to prevent pollution to controlled waters.

 

18.  EA Condition

  Piling or any other foundation designs using penetrative methods shall not be   permitted other than with the express written consent of the Local Planning   Authority, which may be given for those parts of the site where it has been   demonstrated that there is no resultant unacceptable risk to groundwater.  The   development shall be carried out in accordance with the approved details. 

  REASON: To avoid further exposing controlled waters to pollution.

 

19.  EA Condition

  Prior to commencement of development a landscape management plan,   including long term design objectives, management responsibilities and   maintenance schedules for all landscaped areas including green roofs (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.

  REASON: This condition is necessary to protect the natural features and   character of the area and identify opportunities for enhancement of biodiversity   in line with national policy in PPS9.

 

20.  EA Condition

  All planting on green roofs and within five metres of the Kingsland Basin shall   be of locally native plant species only, of UK genetic origin. 

  REASON: The use of locally native plants in landscaping is essential to benefit   local wildlife and to help maintain the region’s natural balance of flora.  Native   insects, birds and other animals cannot survive without the food and shelter that   these plants provide.  Introduced plants usually offer little to our native wildlife.    Local plants are the essence of regional identify and preserve the character of   the British landscape.  Local plants are adapted to local soils and climate, so   have low maintenance requirements.  In addition, planting locally native plants   helps to prevent the spread of invasive plants in the region.

 

21.  EA Condition

  There shall be no light spill from external artificial lighting into the watercourse   or adjacent river corridor habitat.  To achieve this specifications, location   and direction of external artificial lights should be such that the lighting levels   within five metres of the top bank of the watercourse are maintained at   background levels (Lux Level of 0-2).

  REASON: To minimise light spill from the new development into the   watercourse or adjacent river corridor habitat.  Artificial lighting disrupts the   natural diurnal rhythms of a range of wildlife using and inhabiting the river and   its corridor habitat, and in particular is inhibitive to bats utilising the river   corridor.

 

22.  EH Condition

  No works shall take place until the applicant has secured the implementation of a programme of recording and historic analysis, which considers building   structure, architectural detail and archaeological evidence.  This shall be   undertake in accordance with a written scheme of investigation submitted by the   applicant and approved by the Local Planning Authority (following consultation   with English Heritage).

  REASON: Important structural remains are present on the site.  Accordingly the planning authority wishes to secure the provision of historic building recording prior to development, in accordance with the guidance and model condition set   out in PPG15.

 

23.  EH Condition

  No development shall take place until the applicant has secured the   implementation of a programme of archaeological work in accordance with a   written scheme for investigation which has been submitted by the applicant and   approved by the Local Planning Authority.  The development shall only take   place in accordance with the detailed scheme pursuant to this condition.  The   archaeological works shall be carried out by a suitably qualified investigating   body acceptable to the Local Planning Authority.

  REASON: Significant archaeological remains may survive on the site.  The   planning authority wishes to secure the provision of historic building recording prior to development, in accordance with the guidance and model condition set   out in PPG16.

 

24.  BW Condition

  Prior to the commencement of the development hereby permitted, full details of a proposed lighting scheme including individual courtyard areas, street   and Basin lighting shall be submitted to and approved in writing by the Local   Planning Authority in consultation with British Waterways.  The   approved   lighting should be implemented prior to first occupation of the development and   in accordance with the phasing plan required by agreement.

  REASON: In the interest of crime prevention, ecology, visual amenity and the   canal setting.

 

25.  BW Condition

  Prior to the commencement of development a Risk Assessment and Method   Statement outlining all works to be carried out adjacent to the water must be   submitted and approved in writing by the Local Planning Authority in   consultation with British Waterways.  The risk assessment shall also include details of the proposed safety equipment along the canal frontage which shall   be installed prior to first occupation of the development hereby permitted.

  REASON: In the interest of protecting the adjacent watercourse.

 

26.  NSC– 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.

 

27.  NSC – Non-standard Condition

  A construction delivery feasibility strategy shall be submitted to and approved in   writing by the Local Planning Authority prior to the commencement of the   development.  The recommendations of the strategy shall be implemented as   from the start of the development.

  REASON: In the interest of sustainability and the safeguarding of nuisance to   the surrounding area.

 

28.  NSC – Non-standard Condition

All materials from the demolition of the buildings, and hard surfaces, together with installations and equipment from the buildings shall, apart from any which can be reasonably re-used in the construction of the development hereby approved, be removed from the site in accordance with a clearance scheme to be agreed in writing with the local planning authority before the commencement of development.

REASON: In the interests of sustainability and to ensure appropriate use of the Blue Ribbon Network.

 

29.  NSC – Non-standard Condition

During and after works of demolition the site shall be made secure by the erection of a suitable boundary enclosure, such as a hoarding, details of which shall be submitted to and approved in writing by the Local Planning Authority before the commencement of any works. 

Reason: To ensure the site is kept in a secure and tidy condition so as to safeguard environmental and visual amenity in the Kingsland Conservation Area.

 

30.  NSC – Non-standard Condition

Before the following uses commence provision of facilities for the disposal of litter and refuse by members of the public within the site shall be made in accordance with details to be submitted to and approved by the Local Planning Authority.

a.  A3 (café)

b.  D1 (Health centre)

Reason: In order to assist the proper disposal of waste and to protect the appearance of the area generally.

 

31.  NSC – Non-standard Condition

Notwithstanding the details hereby approved, 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

 

32.  NSC – Non-standard Condition

No development shall take place on the site until details of the proposed bird boxes, the number to be agreed with the Local Planning Authority, are submitted for approval in writing, by the Local Planning Authority.

  Reason: To protect the amenity value and structural integrity of the canal and to prevent pollution of this watercourse.

 

33.  NSC – Non-standard Condition

No doors or gates shall be erected in a way that enables them to be opened   over or across the adjoining footways, carriageways and rights of way.

Reason: In the interests of public safety and to prevent obstruction of the public highway.

 

34.  NSC – Non-standard Condition

The retail unit(s) hereby approved shall be provided at all times with a window display.

  Reason: to ensure that the external appearance of the building is satisfactory   and that it contributes to the character and appearance of the Kingsland   Conservation Area.

 

35.  NSC – Non-standard Condition

Individual housing blocks shall not be occupied until refuse stores and recycling facilities have been provided for that block in accordance with Dwg no 0668 (PL)100 and these facilities shall be permanently maintained for use by the occupiers of the building.

  Reason: In order to assist the proper disposal of waste and to protect the   appearance of the area generally.

 

36.  GLA Condition

  Full details of Energy Efficient Design measures for the proposed development,   or any part of the site development, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the   development.  These details shall include building regulations – compliant   modelling work demonstrating that 2006 Building Regulations requirements in   relation to energy efficiency are exceeded by 10% with the use of demand   reduction and/or energy efficiency measures.  This applies to both domestic and non-domestic elements of the Hertford Road development.  These measures exclude the carbon dioxide savings achieved with the use of combined heat and   power and/or renewable.

  REASON: To ensure energy efficiency for   prospective occupiers.

 

37.  NSC – Non-standard Condition

  Prior to the commencement of works, a detailed feasibility scheme for the   provision of Photovoltaic panels across the site shall be submitted to and   approved in writing by the Local Planning Authority.

  REASON: To ensure energy efficiency for   prospective occupiers.

 

38.  Hours of opening

  The A3 use hereby permitted may only be carried out between 0800 to 2230   hours Mondays to Saturdays and 0830 to 2200 hours Sundays and 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.

 

39.  NSC – Non Standard Condition

  All existing ornamental features, including tether rings, metal work, warehouse   winches and the like, shall be retained in situ in accordance with details to be   submitted to and approved in writing by the Local Planning Authority

  REASON: To ensure the heritage of the existing buildings is retained in situ in   the interests of the character and appearance of this part of the Kingsland Road   and Regents Canal Conservation Area.

 

40.  NSC – Non-standard Condition

  Sample panels of brickwork, demonstrating the colour, texture, face bond and   pointing are to be constructed on site and approved by the Council as Local   Planning Authority before the relevant parts of the work are commenced. 

  Reason: To ensure that the appearance of the buildings are acceptable and in   the interests of the Character and appearance of the Kingsland and Regents   Canal Conservation Are and the setting of the Listed Buildings.

 

41.  NSC – Non-standard condition

Site clearance should be undertaken outside of the bird nesting season (generally accepted as being between March and July).  If this is not possible, all the trees, scrub and buildings should be searched for the presence of nesting birds. If any are found the nests should be protected until such time as the young have fledged and left the nest in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interest of ecology and the canal setting.

 

42.  NSC – Non-standard condition

  Reasonable endeavours shall be undertaken to locate street lights to the   Kingsland Road frontage of the Commercial Wharf block hereby approved.

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

 

43.  NSC – Non-standard Condition

  Prior to the commencement of works, a detailed accessibility strategy, to   include hours, routes, and boundary treatments demarcating the realm between

  public and private areas. 

  REASON: To ensure that the public access provision across the site is   appropriate provided to safeguard the amenity of future occupiers whilst   providing access for the benefit of the Borough as a whole.

 

44.  Barbican Arts Group Trust …………………………………..