Agenda item

10 Shacklewell Road, London, N16 7TA

Decision:

RESOLVED that:-

 

A)  Permission be GRANTED, subject to conditions.

 

B)  That the above recommendation be subject to the applicant, the landowners and their mortgagees entering 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.

 

 

 

Minutes:

Demolition of existing buildings and erection of a six-storey building and a part-two-, part-three-, part-four-, part-five-storey building, containing a total of twenty-seven residential units (nine one-bedroom units, eleven two-bedroom units, two three-bedroom units and five four-bedroom units), together with associated access and landscaping works.

 

POST-SUBMISSION REVISIONS: Rear block set back further to the west to allow wider external corridor; revisions to room sizes; increase in carbon-dioxide-emissions reduction from ten per cent to twenty per cent.

 

13.1  The Planning Officer introduced the report, as set out in the agenda. It was explained that this proposal had been approved by the Sub-Committee on 6 May 2009.  However, although the report referred to the development as being car-free, a Section 106 head of terms to that effect had been mistakenly omitted from both Recommendation B and the addendum.  Accordingly, the car-free head of terms was now listed within the report and the proposed development was unchanged from the application previously approved in May 2009.

 

13.2  There being no questions from Members, the Chair moved to the vote.

 

  (Councillor Desmond abstained from the vote).

 

RESOLVED that:-

 

A)  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, except  units B_6 (drawing PL_202 rev. P2) and B_8 (drawing PL_203 rev. P2), 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.  SCM6 – Materials to be approved

Details, including samples, of all materials to be used on the external surfaces of the building, boundary walls, gates and ground surfaces (including drainage arrangements) shall be submitted to and approved by the local planning authority, in writing, before work on the external surfaces, boundary walls, gates and ground surfaces 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.  SCM9 – 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.

 

5.  SCI3 – No roof plant

No plant (including all external enclosures, machinery and other installations; excluding solar water-heating and/or photovoltaic cells) shall be placed upon or attached to the roof or other external surfaces 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.  SCH10 – Secure bicycle parking

Lockable space shall be made available within the site for the secure parking of thirty-two bicycles, before the first occupation of the development.

 

REASON: To ensure that a reasonable provision is made within the site for the parking of bicycles in the interest of relieving congestion in surrounding streets and improving highway conditions in general.

 

7.  SCH14 – Closure of existing access

The existing access to the site shall be closed permanently when the use of the new access shown on the plans hereby approved is/are provided and in use.

 

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

 

8.  CLS1 – Main contaminated land condition

With reference to paragraphs (1)-(5) below, work shall be completed and reporting produced by a competent person/company in line with CLR11 (published by the Environment Agency) and other current best practice guidance. All reporting must be provided in both a paper and electronic format. Both the Pollution Section and local planning authority must receive verbal and written notification at least five days before investigation, remediation and development works commence.

 

(1) Before any remediation work, enabling works or development commences at the site a desk study report including full details of Site reconnaissance, and a report containing full details of site investigation and risk assessment work shall be produced to the satisfaction of and approved in writing by the Pollution Section.

(2) Before any remediation work, enabling works or development commences at the site a remediation-strategy report shall be produced to the satisfaction of and approved in writing by the Pollution Section. The remediation-strategy report shall incorporate an options appraisal, implementation and verification plans and include comprehensive details of groundworks and development works to be completed at the site. The remediation-strategy report shall clearly distinguish between remediation to be completed before development commences and remediation to be completed during and/or after development.

(3) Before any development commences a verification report for remedial works that shall take place pre-development shall be produced to the satisfaction of and approved in writing by the Pollution Section. The verification report must also include full details of a watching brief kept by the developer and their on-site agents including documented observations and photographs of the remediation.

(4) Before occupation/use commences a final verification report for remedial works that will take place during enabling works and development shall be produced to the satisfaction of and approved in writing by the Pollution Section. The verification report must also include full details of a watching brief kept by the developer and their on-site agents including documented observations and photographs of the remediation and groundworks phases of the enabling works and development.

(5) Any post-remedial monitoring reports shall be produced as specified within the remediation report, or as otherwise required by the Pollution Section.

 

Any additional, or unforeseen contamination encountered shall be immediately notified to the Pollution Section and local planning authority, and dealt with as agreed with the Pollution Section. Occupation/use of the development shall not commence until this condition has been discharged in writing by the local planning authority following the satisfactory supply of information in line with stages (1)-(5) and upon completion of any other works required by the Pollution Section and/or local planning authority. Subject to written approval by the Pollution Section and/or local planning authority, the condition may be varied, or discharged in agreed phases.

 

REASON: To protect the end users of the development, any adjacent land user(s) and the environment from contamination in line with Planning Policy Statement 23 (published by the Office of the Deputy Prime Minister).

 

9.  NSC1 – Non-standard condition

A biodiverse, substrate-based extensive green roof (100mm minimum depth) is to 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.

 

10.  NSC2 – 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.

 

11.  NSC3 – Non-standard condition

Reasonable endeavours shall be undertaken to locate street lights to the highway immediately adjoining the site onto the face of the building hereby approved.

 

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

 

12.  NSC4 – Non-standard condition

Provision is to be made within the site for seven 1100-litre Euro bins (five for residual waste and two for co-mingled recycling), with details of the interior (configuration of receptacles) and exterior (detailed design and facing material) of the bin store to be submitted to the local planning authority and approved in writing prior to first occupation of the site.

 

REASON: In the interest of encouraging recycling provision and upholding the Council’s sustainability objectives.

 

13.  NSC5 – Non-standard condition

Details of the internal reconfiguration of units B_6 (drawing PL_202 rev. P2) and B_8 (drawing PL_203 rev. P2) showing single bedrooms of a minimum width of 2.13 metres, with all other habitable rooms remaining compliant with the minimum standards set out in SPG1: New Residential Development, shall be submitted to the local planning authority and approved in writing before construction of the development hereby approved commences.

 

REASON: In the interests of providing an acceptable standard of living accommodation within these units.

 

B)  That the above recommendation be subject to the applicant, the landowners and their mortgagees entering 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.  Provision of forty-eight per cent affordable housing (on a per-unit basis), comprising one one-bedroom flat, one two-bedroom flat and one four-bedroom flat as intermediate units, and three one-bedroom flats, three two-bedroom flats, one three-bedroom flat and three four-bedroom flats for social rental.

 

2.  Payment by the landowner/developer of £4288.20 as a financial contribution towards Council library facilities. (This sum has been calculated in accordance with the approved formula in the Planning Contributions Supplementary Planning Document (SPD) (2006).

 

3.  Payment by the landowner/developer of £74,779.36 as a financial contribution towards education facilities in the borough. (This sum has been calculated in accordance with the approved formula in the Planning Contributions Supplementary Planning Document (SPD) (2006), with child yield information based on the GLA ‘DMAG Briefing Note’ 2005/25 (updated in May 2006), using Wandsworth survey data as the best available proxy for inner London.)

 

4.  Payment by the landowner/developer of £1,300.73 as a financial contribution towards open space in the borough. (This sum has been calculated in accordance with the approved formula in the Planning Contributions Supplementary Planning Document (SPD) (2006).)

 

5.  The developer is required to pay, under Section 278 of the Highways Act (1980), £54,041.00 to reinstate and improve the highway and footway adjacent to the boundary of the site.

 

6.  Provision by the landowner/developer for the use of local labour on site during the construction phase.

 

7.  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.

 

8.  Twenty-six of the twenty-seven residential units to be built to Lifetime Homes standard and to achieve Code for Sustainable Homes level 3, with all reasonable endeavours to achieve level 4.

 

9.  Achievement of a twenty per-cent reduction minimum in carbon emissions through the use of renewable energy sources and use of low-energy technology.

 

10.  The applicant is to carry out all works in accordance with the National Considerate Constructors Scheme.

 

11.  Provision for all units to be adaptable for wheelchair-users.

 

12.  For all contracts with a value in excess of £5 million, payment by the landowner/developer of £3750.00 towards the cost of NVQ training (to secure more skilled employment for the construction industry sector).

 

13.  The developer is required to arrange with London Borough of Hackney Parking Service the provision of and payment for two on-street disabled parking spaces.

 

14.  The developer is required to pay a contribution of an amount to be agreed with the Council’s Traffic and Transport team towards sustainable transport initiatives in the area, to be put towards, but not restricted to, accessibility improvements schemes in the area (including footway improvements in Shacklewell Road), street-lighting, improving links to the walking and cycle network in the area, public realm improvements, etc.

 

15.  Provision for the right of future residents of this development to store bicycles within their flats to be safeguarded, and prevention of any future management company from prohibiting bicycles being brought into the building.

 

16.  No entitlement (unless the holder of a disabled person’s badge) to a resident’s parking permit.

 

REASONS FOR APPROVAL

 

1.  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; HO3 - Other Sites for Housing; CS3 - Retention and Provision of Community Facilities; TR19 - Planning Standards.

 

2.  The following policies 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; 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.9 - Affordable housing targets; 3A.10 - Negotiating affordable housing in individual private residential and mixed-use schemes; 3A.11 - Affordable housing thresholds; 3C.2 - Matching development to transport capacity; 3C.17 - Tackling congestion and reducing traffic; 3C.23 - Parking strategy; 4A.1 - Tackling climate change; 4A.3 - Sustainable design and construction; 4A.4 - Energy assessment; 4A.6 - Decentralised energy: heating, cooling and power; 4A.7 - Renewable energy; 4A.11 - Living roofs and walls; 4A.14 - Sustainable drainage; 4A.16 - Water supplies and resources; 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.

 

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.25   Disabled Person’s Provisions

SI.27   Regulatory Reform (Fire Safety) Order 2005

SI.28   Refuse Storage and Disposal Arrangements

SI.33   Landscaping

 

NSI.1  All materials submitted pursuant to the discharge of condition 3 of this approval should be supplied and delivered at the same time in a container clearly marked with the address of the application site, reference to the application number 2008/2628, and accompanied by coloured copies of relevant elevational drawings, to which each material sample should be clearly referenced and labelled accordingly. Full specifications detailing each material's manufacturer and colour (as per manufacturer's description/name thereof) should also be submitted at the same time.

 

NSI.2  This decision notice is accompanied by a Section 106 legal agreement. It shall be implemented in full accordance with the details of that agreement.

 

 

Supporting documents: