Agenda item

87-95 Curtain Road, London, EC2A 3BS

Decision:

RESOLVED that:-

 

conditional planning permission be GRANTED subject to a S106 legal agreement.

Minutes:

Demolition of 87-95 Curtain Road and erection of an 8-storey building plus basement to provide 720sqm of A1 (Retail) and/or A3 (Restaurant), 2204sqm of B1(a) (office) and 8 residential units (1x1-bed, 5x2-bed and 2x4-bed).

 

POST SUBMISSION AMENDMENTS:

 

-  Minor revision to the lower floors of the Curtain Road elevation to address design with regards to the location and prominence of service doors and building entrances;

-  Revision to the ground floor plan to include commercial waste store, and;

-  Revision to the upper floor family size units (4-beds) to provide separate kitchen from living rooms.

 

11.1  The Planning Officer introduced the report, as set out within the agenda.

 

11.2  Reference was made to the addendum, which outlined an additional letter of objection received from an occupier of a live/work unit to the 2nd floor of 47-49 Curtain Road and the Planning Officer’s response to this.

 

11.3  A verbal objection had also been received, objecting to paragraph 6.2.7 of the report, which states that there were no night time economy uses at adjacent or opposite buildings at this part of Curtain Road, which was incorrect as the adjacent property was in use as a drinking establishment.

 

11.4  Additional comments had also been received from South Shoreditch CAAC objecting to the proposal, as detailed within the addendum, and the response from the Planning Officer.

 

11.5  The Planning Officer informed the Sub-Committee that the applicant had submitted a revised Energy Statement and Sustainability Statement, which looked to address the errors and concerns outlined in the Sustainability and Climate Officer’s comments, as detailed in pages 224-225 of the report.  This had been reviewed and was acceptable.

 

11.6  Yuli Toh (architect) spoke in support of the scheme, her comments are summarised as follows:-

 

§  High quality development proposed.

§  Gave an overview of the vision which drove the design of the building and how the use of materials and daylight/sunlight had driven the vision.

§  Worked closely with the structural engineer in the design of the building.

§  The daylight/sunlight studies had found no adverse impacts on neighbouring properties.

§  The development offered natural ventilation.

§  Sustainable and car-free development.

§  Air/heat pump systems proposed, with renewable energy generated on-site.  20% reduction in co2.

 

11.7  In response to a request for rain water harvesting, the architect explained that it was not viable for this particular scheme as it would only be a micro-scheme.

 

  Unanimously RESOLVED that:-

 

A)  Planning permission be GRANTED for Conservation Area Consent (ref 2009/0917), subject to the following conditions:

 

1.   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 (ListedBuildings and Conservation Areas) Act 1990.

 

2.   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 2009/0914 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 (ListedBuildings and Conservation Areas) Act 1990 and to maintain the character and appearance of the Kingsland and Regents Canal Conservation Areas.

 

3.   Highways:

The footway and carriageway on the Curtain Road must not be blocked during the demolition of the buildings.  Temporary obstruction during the construction must be kept to a minimum and should not encroach on the clear space needed to provide safe passage for pedestrian, or obstruct the flow of traffic on Curtain Road.

 

REASON: To ensure the proposal does not result in an unacceptable impact to the Transport for London Road Network (TLRN).

 

B)  Permission be GRANTED for Full Planning Permission (ref 2009/0914), subject to the following conditions:

 

 

 

 

1.   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.   Commencement:

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.   All materials to be approved:

Full details, including samples, of the materials to be used on the external surfaces of the building, including glazing, and ground surfaces (to the space to the front of the site) 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.   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

·   The design and materials (including sample) of the privacy screen to the east of the sixth and seventh floor terrace

 

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, and to ensure that the proposal does not detrimentally impact on the amenities of adjacent residents.

 

5.   No extraneous pipework:

No soil stacks, soil vent pipes, flues, ductwork or any other pipework shall be fixed to the (street) elevations of the building other than as shown on the drawings hereby approved.

 

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

 

6.   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.

 

7.   Soundproofing:

Full written details, including relevant drawings and specifications of the proposed works of sound insulation against airborne noise to meet D’nT,w + Ctr dB of not less than 55 between commercial and residential units shall be submitted to and approved in writing by the local planning authority.

 

REASON: In order to safeguard the amenities of future occupiers of the site.

 

8.   Ventilation for A3 uses:

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) have been submitted to the local planning authority.  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, and shall thereafter be permanently maintained in accordance with the approved specification.

 

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

 

9.   Dust Mitigation:

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.

 

10.   Secured by Design:

The development shall achieve a Certificate for Compliance to Secure by Design or alternatively achieve Secure by Design standards to the satisfaction of the Metropolitan Police, details of which, to include consultation with the police during the construction period, shall be provided in writing to the Local Planning Authority within one month of the completion date.

 

REASON:  To provide a safer environment for future residents and visitors to the site and reduce the fear of crime.

 

11.   No roof plant:

Other than the area of roof indicated for plant on drawing 301_PL_747 Rev A hereby approved, no plant, 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.

 

12.  Construction Methods Statement:

Full details of a work method statement including measures to control and minimise noise and dust emissions, and details of measures for the disposal of materials from the site, during demolition and construction, shall be submitted to, and approved by, the Local Planning Authority prior to any work commencing on the site.  The development, including disposal of materials from the site, shall in all respects be carried out in accordance with the approved details.

 

REASON: In order to safeguard the amenities of neighbouring properties and the area generally.

 

13.   Transport Construction Plans:

Full details of a Construction Management Plan and Construction Logistics Plan, shall be submitted to and approved by the Local Planning Authority, in consultation with TfL.  The Plans should provide details on the proposed temporary highway and traffic management measures required during the course of demolition, construction, routing of construction vehicles, types of vehicles expected and their frequencies and expected times of arrivals & departures.  In addition, a programme of the work should also be submitted to enable TfL to assess the likely highway and traffic to the TLRN resulting from the construction of the proposal.

 

REASON: To ensure the proposal does not result in an unacceptable impact to the Transport for London Road Network (TLRN).

14.   Transport Delivery Plan:

Full details of a Delivery & Servicing Plan (DSP) shall be submitted to and approved by the Local Planning Authority, in consultation with TfL. The Plan should provide details of rationalised servicing activities for the site; including, where possible, that servicing activities should be planned to be undertaken outside the peak periods in accordance with the existing on-street restrictions. 

 

REASON: To ensure the proposal does not result in an unacceptable impact to the Transport for London Road Network (TLRN).

 

15.   Footways:

All doors opening onto the public highway footway on Curtain Road must be designed to open inward and must not encroach upon the footway, unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: To ensure the proposal does not result in an unacceptable impact to the Transport for London Road Network (TLRN).

 

16.   Waste storage within the premises:

Except on days of collection, all refuse and waste shall be stored in sealed containers in the refuse areas shown on the plans hereby approved.

 

REASON: In the interests of the appearance of the street and the amenity of adjoining occupiers.

 

17.   Archaeological investigation:

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

 

REASON: To safeguard the archaeological interest of the site, which is within an Area of Archaeological Priority.

 

18.   Hours of Operation:

The A3 use hereby approved to the ground and basement floor may only be carried out between 0900 hours and 2300 hours on any day.

 

REASON: In the interest of adjoining residential amenity.

 

 

 

 

19.   No subdivision of Retail/Restaurant unit:

The ground and basement Retail/Restaurant unit hereby approved must not be sub-divided unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: In the interest of adjoining residential amenity and to allow the full impact of this development to be assessed by the Local Planning Authority.

 

20.   No signage to the frontage:

Notwithstanding the plans hereby approved no shop signs or signage shall be attached to the outside of the building without he prior written consent of the Local Planning Authority.

 

REASON: In the interest of the visual amenity of the area and architectural quality of the development.

 

21.   Cycle Parking:

Details shall be submitted to and approved by the Local Planning Authority of the provision of secure cycle parking to accord with Transport for London’s Cycle Parking Standards for the residential, office and retail/restaurant uses. No part of the development shall be occupied until the cycle parking as agreed has been provided, and at no time shall the cycle parking be removed, unless otherwise agreed in writing.

 

REASON: To provide appropriate facilities for cyclist and therefore to encourage sustainable form of transport to the development.

 

C)  That the above recommendation (B) be subject to the applicant, the landowners and their mortgagees entering into a section 106 agreement in order to secure the following matters to the satisfaction of the Interim Assistant Director (Planning) and the Interim Head of Legal Services:

 

·  Payment by the landowner/developer of an education and libraries contribution of £42,210.94 with respect to anticipated child yield from the additional residential housing units being provided in accordance with the DFES cost of providing a school place.

 

·  Payment by the landowner/developer of an open space contribution of £2,448.52 towards the supply and quality of open space in the immediate locale.

 

·  The landowner/developer covenants to ensure that the residential development is retained as car free with the exception of those who are certified disabled.

 

·  All residential units to be built to Lifetime Home standards.

 

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

 

·  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.

 

·  Achievement of a Level 3, and best endeavours to achieve Level 4, rating under the proposed Code for Sustainable Homes and achievement of a BREEAM ‘Very Good’ rating for the office element.

 

·  20% reduction in carbon emissions across the whole site through the use of renewable energy sources and use of low energy technology.

 

·  Considerate Constructors Scheme – the applicant to carry out all works in keeping with the National Considerate Constructors Scheme.

 

·  At least 10% of units provided shall be wheelchair accessible.

 

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

 

·  Submission and agreement of a Travel Plan for the office and retail/restaurant.

 

·  Provision to allow the placement of street lighting on the proposed buildings where appropriate.

 

D)  That in the event of the Section 106 agreement referred to in Recommendation C not being completed by 21st 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 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 Unitary Development Plan, Planning Contributions SPD (2006), and Policy 3A.24 of the London Plan.

 

REASONS FOR APPROVAL

 

 For Conservation Area Consent (ref: 2009/0914):

 

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: EQ12 – Protection of Conservation Areas; South Shoreditch SPD.

 

For Full Planning Permission (ref: 2009/0917):

 

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; EQ12 – Protection of Conservation Areas; EQ13– Demolition in Conservation Areas; EQ48 - Designing out Crime; HO3 – Other sites for Housing; ho16 – Housing for People with Disabilities; TR19 – Planning Standards; SPG1 New Residential Development; SPD Affordable Housing; SPD Planning Contributions; South Shoreditch SPD.

 

The following policies contained in the London Plan 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; 3A.1 – Increasing London’s Supply of Housing; 3A.2 – Borough Housing Targets; 3A.3 – Maximising the Potential of Sites; 3A.5 – Housing Choice; 3A.6 – Quality of New Housing Provision; 3A.11 – Affordable Housing Thresholds; 3B1 – Developing London’s Economy; 3C.1 – Integrating Transport and Development; 3C.2 – Matching Development to Transport Capacity; 3C.3 – Sustainable Transport in London; 3C.23 – Parking Strategy; 4A.1 – Tackling Climate Change; 4A.3 – Sustainable Design and Construction; 4A.7 – Renewable Energy; 4A.20 – Reducing Noise and Enhancing Soundscapes; 4A.22 – Spatial Policies for Waste Management; 4B.1 – Design Principles for a Compact City; 4B.3 – Enhancing the Quality of the Public Realm; 4B.5 – Creating an Inclusive Environment; 4B.6 – Safety, Security and Fire Prevention and Protection; 4B.8 – Respect Local Context and Communities.

 

INFORMATIVES

 

  The following Informatives should be added to Conservation Area Consent (ref 2009/0917):

 

SI.1   Building Control

  SI.2   Work Affecting Public Highway

SI.6   Control of Pollution (Clean Air, Noise, etc.)

    SI.7   Hours of Building Works

  SI.27   Fire Precautions Act 2005

NSC – It must noted that Transport for London will not permit construction vehicles to access/egress the site by undertaking reverse movement to/from the public highway on Curtain Road.

NSC – It must be noted that Transport for London has advised that no refuse containers or construction materials shall be kept on the footway or carriageway of Curtain Road at all times.  The footway and carriageway on the Curtain Road must not be blocked during the construction and maintenance of the proposal.  Temporary obstruction during the construction must be kept to a minimum and should not encroach on the clear space needed to provide safe passage for pedestrian, or obstruct the flow of traffic on Curtain Road.

 

  The following Informatives should be added to Full Planning Permission (ref 2009/0914):

 

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 2005

SI.28   Refuse Storage and Disposal Arrangements

  SI.32   Consultations with Thames Water

NSC – Thames Water will aim to provide customers with a minimum pressure at head of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Water pipes. The developer should take account of this minimum pressure in the design of the proposed development.

NSC – Servicing for the proposal should be undertaken in accordance with existing on-street restrictions.

NSC – It must noted that Transport for London will not permit construction vehicles to access/egress the site by undertaking reverse movement to/from the public highway on Curtain Road.

NSC – It must be noted that Transport for London has advised that no refuse containers or construction materials shall be kept on the footway or carriageway of Curtain Road at all times.  The footway and carriageway on the Curtain Road must not be blocked during the construction and maintenance of the proposal.  Temporary obstruction during the construction must be kept to a minimum and should not encroach on the clear space needed to provide safe passage for pedestrian, or obstruct the flow of traffic on Curtain Road.

NSC – The development of the site is likely to damage archaeological remains. The applicant should therefore submit proposals in the form of an archaeological project design. This design should be in accordance with the appropriate English Heritage guidelines.

 

 

Supporting documents: