Agenda item

Erection of four and five storey buildings to facilitate a mixed use development of 27 residential units (3 x 1 bed, 14 x 2 bed, 6 x 3 bed, and 4 x 4 bed) and 595 sqm of commercial floorspace (Class B1) and associated landscaping, cycle parking, and refuse/recycling storage.

 

AMENDMENTS:

§  Letter dates 26^th May 2009 changing the use class of the commercial floor space.  On the application form it stated A1 and B1 flexible.  The applicant requested this be changed to B1 only.

§  Letter dated 4^th June 2009 providing amended plans (stated above under ‘drawing numbers’) amending some façade and materials treatments, in line with comments received by the Council’s Sustainability and Design Team.

 

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

 

9.1  The Planning Officer introduced the report, as set out within the agenda.  It was explained that this application had come back to committee as the applicant had now changed the use class of the commercial floor space from A1 and B1 flexible to B1 only.  The development would also be 100% affordable.

 

9.2  Tim Gaskell, agent, was in attendance to answer any questions that arose.

 

9.3  The Chair raised concern about the loss of employment space and questioned whether the £75,000 being offered by the applicant towards an employment scheme, affordable workspace and/or business support project was appropriate for the amount of employment space being lost in a key employment area.  He also wished to clarify whether the protection of mixed use developments were covered within the London Plan.

 

9.4  The Planning Officer explained that the development was still a mixed use scheme and that the London Plan did not cover loss of employment space and therefore the scheme was in accordance with policy. 

 

9.5  The Interim Assistant Director (Planning) also acknowledged that there was limited policy that covered the loss of employment space and that the Council were currently awaiting the adoption of the Core Strategy.  His understanding was that the Core Strategy would focus on the quality of employment space being offered, as opposed to the quantity being provided.

 

9.6  The Chair accepted that there would be an improvement in the quality of workspace provided, but felt that there would be a significant loss of employment space in the heart of Hackney’s only major town centre.

9.7  The Agent explained that in order to make the scheme financially viable in the current economic climate, they had now taken out the basement and made the development 100% affordable, with split tenures.  He added that they had the contractor and funds in place. 

 

9.8  In response to a query regarding how the figure of £75,000 was reached, it was explained that there was a formula that was used and that the Council had to take into consideration that it was Housing Corporation money and also the current economic climate.

 

9.9  Reference was also made to the estimated highways contribution detailed within the Section 106 agreement, as Members wished to know who would pay any extra money.  The Principal Solicitor explained that this would be subject to negotiations with the developer.

 

9.10  In response to a request for clarification regarding the quality of commercial floor space being provided, it was explained that the current scheme provided a higher quality of floor space than before, incorporating glazed frontages, lightwells, floor level units and a flexible space.

 

  (Councillor Stops abstained from the vote).

 

  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

Details, including samples, of all materials to be used on the external surfaces of the building 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.

 

4.  SCN1 – Soundproofing

  Full particulars and details of provisions for soundproofing between the B1/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 between and within units in the interests of providing satisfactory accommodation. 

 

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.  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 including the overall layout of the proposed communal roof terrace; 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. 

 

7.  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. 

 

8.  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. 

 

9.  SCH10 - Cycle spaces

  Provision for 29 cycles.  Both residential and commercial cycle spaces should be separated and clearly signposted.  The spaces are to be secure. Details of which are to 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: 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.

 

10.  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.

 

11.  NSC - External ventilation

  Full details of mechanical ventilation equipment from kitchen areas, bathroom areas 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 kitchen areas, bathroom areas 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.

 

 

12.  NSC - External Fixed Plant Items

  Any external fixed plant items 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 cumulative noise level of LAeq Tr, measured or predicted at 1 metre from the façade of the nearest noise sensitive premises and shall be a rating level of 10dB(A) below the background noise level of LAF90.

 

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

 

13.  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.

 

14.  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.

 

15.  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 the Local Planning Authority for works to Ramsgate St and/or Tyssen St pursuant to a Section 278 Highways Act 1980 and provided a copy of the same to the Local Planning Authority.

 

16.  Renewable energy

Full details of renewable energy provision shall be submitted 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 ensure that the development achieves the level of renewable energy provision on site as proposed.

 

17.  Layout of Commercial Units

Full details of the layout/fitout of the commercial floorspace within the ground floor levels fronting Tyssen Street shall be submitted to the Local Planning Authority and approved in writing prior to the occupation of any commercial floorspace on site.

 

REASON:  To ensure the size and layout of the commercial floorspace is appropriate.

 

18.  Crossrail Condition

No construction work of any part of the development forming part of this permission shal begin until detailed design and method statements for all the ground floor structures, foundations, basements and/or other structures, including piling (both temporary and permanent), below ground level (the Foundation Works) which accommodate:

 

i)  the proposed location of the Chelsea-Hackney Line structures and tunnels;

ii)  the ground movement arising from the construction of structures, and tunnels;

iii)  the effects of noise and vibration arising from the use of the running tunnels;

 

have been submitted to and approved, in writing, by the Local Planning Authority; after consultation with Crossrail Limited; all such works which form part of the design and method statements shall be completed, in their entirety, nefor any part of the building hereby permitted is occupied.

 

 

1.  Securing 100% of the residential units as affordable housing with a tenure mix of 16 units social rented and 11 units intermediate housing.

2.  Contribution of £83,469.83towards education and libraries.

3.  Contribution of £1,697.40 towards open space.

4.  Contribution of £75,000.00 towards an employment scheme, affordable workspace and/or business support project.

5.  The signing of a Section 278 legal agreement under the Highways Act for works to the public highway and securing £37,270.00 to fund these works.

6.  Contribution of £9,240 towards sustainable transport initiatives.

7.  The provision of a Green Travel Plan to all residents and commercial lease holder/employees on occupation of the site.

8.  The development is to be car free.

9.  Commitment to the Council’s local labour and construction initiatives (25% on site employment).

10.  20% reduction in carbon emissions through the use of renewable energy sources and use of low energy technology.

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

12.  Achievement of a minimum Level 3 under the Code for Sustainable Homes with best endeavours to achieve Level 4.

13.  B1 to shell and core prior to occupation of any residential unit.

14.  B1 office space to be rated BREEAM ‘excellent’.

15.  Payment by the landowner/developer of all the Council’s legal and other relevant fees, disbursements and Value Added Tax in respect of the negotiations and completion of the proposed Section 106 Agreement.

 

 

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), the LDF Planning Contributions SPD (2006), and advice contained in PPS1 and PPG3.

 

2.  The proposed development, in the absence of a legal agreement for securing educational contributions, would be likely to contribute to pressure and demand on the borough’s education provision, contrary to policies EQ1 and CS2 of the Hackney UDP (1995), the LDF Planning Contributions SPD (2006) and policy 3A.21 of the London Plan (2004).

 

3.  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 existing open spaces, contrary to policies EQ1 and OS5 of the Hackney UDP (1995), the LDF Planning Contributions SPD (2006) and policy 3D.8 of the London Plan (2004).

 

4.  The proposed development, in the absence of a legal agreement for a Green Travel Plan, would be likely to lead to an adverse impact on local traffic and pedestrian flow and the unsustainable use of transport contrary to policies ST3, ST31, ST32, ST33, TR6 and TR19 of the Hackney Unitary Development Plan and policies 3C.16 of the London Plan 2004.

 

5.  The proposed development, in the absence of a legal agreement for securing best endeavours to use local labour on-site, would be likely to harm the employment opportunities in the Borough contrary to policies ST3, EQ1, E15 and E18 of the Hackney Unitary Development Plan.

 

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

H03  - Other sites for housing

E12  - Office Development

E14   - Access and Facilities for People with Disabilities

E18   - Planning Standards

TR19  - Planning Standards

 

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

 

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.

 

NSI.5 There is a Thames Water main crossing the development site which may need to be diverted at the developer’s cost, or necessitate amendments to the proposed development design so that the aforementioned main can be retained.  Unrestricted access must be available at all times for maintenance and repair.  Please contact Thames Water Developer Services, Contact Centre on Telephone No: 0845 850 2777 for further information.

 

NSI.6  Crossrail Limited (25 Canada Square, Canary Wharf, London E14 5LQ) has indicated its preparedness to provide guidelines in relation to the proposed location of the Chelsea-Hackney Line structures and tunnels, ground movement arising from the construction of the running tunnels, and the noise and vibration arising from the use of the running tunnels.  Applicants are encouraged to discuss the guidelines with the Chelsea-Hackney Line Engineer in the course of preparing detailed design and method statements.  Please contact the Crossrail switchboard on 020 3023 9100 for guidance.