Agenda item

65, 71, 73, 75 Scrutton Street & 45 Curtain Road, London, EC2A 4JP

Decision:

RESOLVED that:-

 

1)  conditional planning permission GRANTED subject to S106 legal

agreement.

2) conditional conservation area GRANTED consent.

Minutes:

(1)  Redevelopment of the site to provide a part 6, part 3 storey building comprising an 81 bedroom hotel (4,444sqm) with ancillary facilities and 3,071sqm of office (B1) floorspace.

(2)  Conservation area consent for demolition of existing building.

 

6.1  The Planning Officer introduced the report, as set out within the agenda.  Reference was made to the addendum which provided information on hotel training opportunities, green roof, servicing and delivery, and disabled parking. 

 

6.2  Reference was made to paragraph 6.3.6 of the report, which provided details on the use of the bar/dining area of the hotel.  It stated that a condition was recommended that the bar/dining area be closed to non-guests after 23:30 hours, in order to safeguard the amenities of nearby residents.  It was AGREED that this be covered by condition.

 

6.3  Concern was raised regarding the increasing number of hotel spacesbeing applied for and whether this was covered by policy.  The Planning Officer explained that this development was deemed appropriate  

 

6.4  Discussion took place surrounding the parking issue, as Members raised concern that Parking Services had advised that the disabled parking bays could not be accommodated in Scrutton Street and that Traffic and Transportation had advised that site constraints would make it unfeasible to provide off street disabled parking.  They had advised that this was considered acceptable as there was sufficient kerb side capacity for drop off/pick up on the surrounding roads immediately adjacent to the site.

 

6.5  The agent stated that they would be happy to have further discussions with the highways department and the applicant in finding a solution for this problem.  It was suggested that a clause could be added within the Section 106 agreement for best endeavours to be made to negotiate a resolution to the disabled parking bay issue and that a parking management plan be implemented.  This was AGREED.

 

6.6  Members requested that the streetlamps be placed on the building.  This was AGREED.

 

  Unanimously RESOLVED that:

 

A)  Planning permission be GRANTED, subject to the following conditions:

 

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.  Materials to be approved

Full details, with samples, of the materials to be used on the external surfaces of the buildings, including glazing, 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 character and visual amenity of the area.

 

4.  NSC

Prior to the commencement of development details of the design and location of 100sqm of photovoltaic panels to be submitted to and approved by the Local Planning Authority. The development to be carried out in accordance with the approved details.

 

REASON: To secure mitigation of climate change measures.

 

5.  NSC

Prior to the occupation of the development details of a gas fired micro CHP shall be submitted to and approved by the Local Planning Authority. The approved micro CHP to be installed within the development prior to occupation.

 

REASON: To secure mitigation of climate change measures.

 

6.  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.

 

7.  SCI4 – Roof plant (Details to be approved)

Full details of all the roof plant enclosures (plans, sections, front and rear elevations, etc.) shall be submitted to and approved in writing by the Local Planning Authority before any building works commence. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

REASON: To safeguard the appearance of the property.

 

8.  NSC

No development shall commence on site until a scheme to minimise the threat of dust pollution during site clearance and construction works (including any works of demolition of existing buildings or breaking out or crushing of concrete) have been submitted to and approved in writing by the local planning authority.  The approved scheme shall include a watering regime in the event of dry weather, dust screens, etc., as appropriate, and shall be implemented in its entirety once development has commenced.

 

REASON: In order that the local planning authority may be satisfied that the demolition process is carried out in a manner which will minimise possible dust pollution to neighbouring properties.

 

9.  NSC

Where fixed plants such as air conditioning are proposed then I recommend the following:

 

(i) The rating level of the noise emitted from the fixed plants on the site shall be 10dB below the existing background level at any time. The noise levels shall be determined at the façade of any noise sensitive property. The measurements and assessments shall be made according to BS4142:1997. 

(ii) Development shall not commence until details of a scheme complying with paragraph (i) of this condition have been submitted to and approved in writing by the local planning authority.

(iii) The development shall not be occupied until the scheme approved pursuant to paragraph (ii) of this condition has been implemented in its entirety. Thereafter, the scheme shall be maintained in perpetuity.

 

REASON: To safeguard the residential amenities of nearby occupiers.

 

10.  NSC

Prior to the occupation of the development a Delivery and Servicing Management Plan for the hotel use shall be submitted to and approved in writing by the Local Planning Authority. Delivery and servicing to be carried out only in accordance with the approved Delivery and Servicing Management Plan.

 

REASON: To ensure that the development does not adversely impact upon the surrounding highway.

 

11.  NSC

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: Important archaeological remains may exist on this site. Accordingly the planning authority wishes to secure the provision of archaeological investigation and the subsequent recording of the remains prior to development, in accordance with the guidance and model condition set out in PPG16.

 

12.  SCH10 – Secure bicycle parking

 

13.  SCH14 – Closure of existing access

 

14.  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.

 

·  Windows and doors

·  Ground floor elevations and signage of the building

·  1:20 typical sections through all elevations

 

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.

 

15.  SCD1 - Level access

A level access shall be provided to all ground floor units/shops hereby approved before the use is first commenced.

 

REASON: To ensure satisfactory access to the development.

 

16.  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: To ensure satisfactory access to the development.

 

14.  Opening hours bar/dining ……………………………….

 

15.  Streetlamps on building ……………………………….

 

 

B)  The above recommendation be subject to the applicant, the landowners and their mortgagees enter into a deed of planning obligation by means of a Section 106 Agreement of the Town and Country Planning Act 1990 (as amended) in order to secure the following matters to the satisfaction of the Interim Assistant Director (Planning) and the Interim Head of Legal Services:

 

1.  The owner shall be required to enter into agreement under Section 278 of the Highways Act to pay the Council to reinstate and improve the footway adjacent to the boundary of the site, and include if required, any access to the Highway, measures for street furniture relocation, carriageway markings, access and visibility safety requirements.  Unavoidable works required to be undertaken by Statutory Services will not be included in LBH Estimate or Payment.

 

2.  The owner shall be required to enter into agreement under Section 278 of the Highways Act to pay Transport for London to reinstate and improve the footway adjacent to the boundary of the site, and include if required, any access to the Highway, measures for street furniture relocation, carriageway markings, access and visibility safety requirements. 

 

3.  The owner must provide a Travel Plan (for the hotel and employment use) to be agreed by the Council’s Transportation Officer, towards achieving sustainable travel targets, including the services of a Travel Plan Coordinator. The Travel Plan must be in place by the first year of occupancy and the developer must provide the sum of £1500 in the first year for yearly monitoring by LBH for 5 years.

 

4.  Demolition and Construction Management Plan to be submitted at least 6 weeks prior to the commencement of works on site. The Demolition and Construction Management Plan shall include the following: Demolition Method Statement; Construction Method Statement; Construction Logistics Plan; and Site Waste Management Plan. 

 

5.  Considerate Constructors Scheme.

 

6.  The payment by the landowner of a contribution of £6,474.00 towards library facilities.

 

7.  Construction Industry and Removing Barriers to Work: Appendix 1 (page 65) includes the relevant section 106 agreement clauses with regard to Local Labour in Construction while the Local Training in Construction formula can be found on page 66.

 

8.  Removing Barriers to Work: provision for the use of local labour for construction of the development in the form of 25% on-site employment, including the facilitation of apprentices and adult improvers for a defined period.

 

9.  The payment by the landowner of a contribution of £1918.80 towards open space.

 

10.  The development to be built to BREEAM standards and achieve an ‘excellent’ rating.

 

11.  The business occupier(s) should be excluded eligibility for local parking permit/ contract, by the developer enters into a S106 ‘Car Free’ agreement with TfL.

 

12.  Payment of £100,000.00 towards sustainable transport initiatives in the area on the basis that the proposal will generate an increase in non-car trips (walking and cycling) in the surrounding streets. The s.106 sustainable transport contributions will be put towards, but not restricted to, accessibility improvements schemes in the area [including footway improvements in Christina Street and Scrutton Street], street-lighting, improving links to the walking and cycle network in the area, increased cycle parking on the public highway for visitors, public realm improvements, etc.

 

13.  The developer/ operator of the proposal to submit a Delivery & Servicing Plan (DSP), as referred in the London Freight Plan, for TfL’s and LBH’s approval prior to occupation of the site; and to adhere to the Plan further to occupation.

 

14.  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.

 

15.  Disabled parking – management plan …………………………………….

 

C)  Conservation Area Consent be GRANTED, subject to the following conditions:

 

1.  SCB2- Commencement

The development hereby permitted must be begun no later than the expiration of three years beginning with the date of this consent.

 

REASON: In order to comply with the provisions of Section 18 (a) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

2.  NSC

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: Important archaeological remains may exist on this site. Accordingly the planning authority wishes to secure the provision of archaeological investigation and the subsequent recording of the remains prior to development, in accordance with the guidance and model condition set out in PPG16.

 

3.  NSC1 – Works of demolition

The demolition works hereby permitted shall not be carried out otherwise than as part of the completion of development for which planning permission reference 2009/0844 is granted and such demolition and development shall be carried out without interruption and in complete accordance with the plans referred to in this consent and any subsequent approval of details. 

 

REASON: As empowered by Section 74(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and to maintain the character and appearance of the Kingsland and Regents Canal Conservation Areas.

 

D)  That in the event of the Section 106 Agreement referred to in Recommendation B not being completed by 15 July 2009, the Interim Assistant Director (Planning) be given the authority to refuse the application for the following reasons:

 

1.  The proposed development, in the absence of a legal agreement for securing open space contributions, would be likely to contribute to pressure and demand on the Borough’s open space provision contrary to policies to the provisions of Supplementary Planning Document: Planning Contributions (2006) and policy 3A.21 of the London Plan (2008).

 

2.  The proposed development, in the absence of a legal agreement for securing a BREEAM ‘excellent’ standard building would make an inadequate contribution towards the mitigation of climate change.

 

REASON FOR APPROVAL

 

  The following policies contained in the Hackney Unitary Development Plan 1995 are relevant to the approved development/use and were considered by this Council in reaching the decision to grant planning permission:

 

  EQ1 Development Requirements, EQ40 Noise Control, EQ41 Development Close to Existing Sources of Noise, EQ42 Air Pollution, EQ48 Designing Out Crime, H03 Other Sites for Housing, E12 Office Development, E14 Access and Facilities for People with Disabilities, E15 Training, E18 Planning Standards, TR19 Parking standards, ACE7 Hotel Development, ACE8 Planning Standards, SPG1 New Residential Development, SPG6 Hotels, SPG11 Access for People with Disabilities, SPD Planning Contributions.

 

  The following policies contained 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, 2A.2 The spatial strategy for development, 2A.3 London’s Sub-Regions, 2A.4 The Central Activities Zone, 2A.5 Opportunity Areas, 2A.6 Areas for Intensification, 3A.3 Maximising the Potential of Sites, 3A.5 Housing Choice, 3A.6 Quality of New Housing Provision, 3A.8 Definition of Affordable Housing, 3A.13 Special Needs and Specialist Housing, 3A.17 Addressing the needs of London’s Diverse Population, 3A.25 Higher and Further Accommodation, 3B.1 Developing London’s Economy, 3B.2 Office demand and supply, 3B.3 Mixed use development, 3B.8 Creative Industries, 3B.11 Improving employment opportunities for Londoners, 3C.1 Integrating transport and development,  3C.2 Matching development to transport capacity, 3C.3 Sustainable Transport in London, 3C.4 Land for Transport, 3C.9 Increasing the capacity, quality and integration of public transport to meet London’s needs, 3C.11 Phasing of Transport Infrastructure Provision and Improvements, 3C.17 Tackling congestion and reducing traffic, 3C.18 Allocation of street space, 3C.19 Local transport and public realm enhancements, 3C.20 Improving Conditions for Buses, 3C.21   Improving Conditions for Walking, 3C.22 Improving Conditions for Cycling, 3C.23 Parking strategy, 3D.7 Visitor Accommodation and Facilities, 4A.1 Tackling climate change, 4A.2 Mitigating climate change, 4A.3 Sustainable design and construction, 4A.4 Energy assessment, 4A.5 Provision of Heating and Cooling Networks, 4A.6 Decentralised Energy: Heating, Cooling and Power, 4A.7 Renewable Energy, 4A.8 Hydrogen Economy, 4A.9 Adaptation to Climate Change, 4A.10 Overheating, 4A.11 Living Roofs and Walls, 4A.12 Flooding, 4A.13 Flood Risk Management, 4A.14 Sustainable Drainage, 4A.15 Rising Groundwater, 4A.16 Water Supplies and Resources, 4A.17 Water Quality, 4A.18 Water and Sewerage Infrastructure, 4A.19 Improving air quality, 4A.33 Bringing contaminated land into beneficial use, 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, 4B.5 Creating an inclusive environment, 4B.8 Respect Local Context and Communities, 4B.9 Tall Buildings – Location, 4B.10 Large scale buildings – design and impact, 4B.16 London View Management Framework, 4B.18 Assessing Development Impact on Designated Views, 5A.1 Sub-Regional Implementation Frameworks, 5C.1 The Strategic Priorities for North East London, 5C.3 Opportunity Areas in North East London, 5G.1 The Indicative CAZ Boundary, 5G.2 Strategic Priorities for the Central Activities Zone, 5G.3 Central Activities: Offices, 5G.5 Predominantly Local Activities in the Central Activities Zone, SPG Industrial Capacity, SPG View Management Framework, SPG Accessible London: achieving an inclusive environment, SPG Land for Transport Functions, SPG Sustainable Design and Construction, SPG Planning for Equality and Diversity in London, BPG Wheelchair Accessible Housing, Mayor’s Economic Development Strategy, Mayor’s Transport Strategy, Sub-Regional Development Framework – East London.

 

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.24 Naming and Numbering

SI.25 Disabled Person’s Provisions

SI.27 Fire Precautions Act

SI.28 Refuse Storage and Disposal Arrangements

SI.32 Consultation with Thames Water

SI.34 Landscaping

SI.45 The Construction (Design & Management) Regulations 1994

SI.48 Soundproofing

SI.50 S106 Agreement

NSCApproval is not granted for the disabled parking bays and servicing delivery bay as shown on the submitted drawings

 

 

Supporting documents: