Development Management Service Planning and Development Division Environment and Regeneration Department PO Box 3333 222 Upper Street London N1 1YA

PLANNING COMMITTEE AGENDA ITEM NO: Date: 05 September 2013

Application number P2013/1262 Application type Full Planning Application Ward Finsbury Park Listed building None on site. Adjacent to the Grade II Montem Primary School and Laundry Building. Conservation area None Development Plan Context Site Allocation FP7 Site Allocations Development Plan Document, Finsbury Park Key Spatial Area Islington Core Strategy Policy CS2. Seven Sisters Local Shopping Area Development Management Policies; and Employment Growth Area Development Management Policies Licensing Implications A4 use (drinking establishment) proposed for 1 ground floor unit with an application for flexible planning permission for that unit. Site Address: 107-129 Seven Sisters Road Proposal Redevelopment of the site to provide a National Grid electricity substation and associated infrastructure, and 44 residential units and 4 commercial units (flexible permission sought for planning use classes A1 retail, A2 financial and professional services, B1 office, D1 non-residential institutions and A4 (1 unit only) drinking establishments) within a separate (maximum of) five storey building. Also proposed are alterations to the access arrangements into the site and associated servicing, parking and landscaping works together with the erection of a perimeter boundary around parts of the site and other associated works.

Case Officer Mr Joe Wilson Applicant National Grid Agent Tim Linnington, Encor Consulting

1. RECOMMENDATION

The Committee is asked to resolve to GRANT planning permission:

1. subject to the conditions set out in Appendix 1;

2. conditional upon the prior completion of a Deed of Planning Obligation made under section 106 of the Town and Country Planning Act 1990 securing the heads of terms as set out in Appendix 1;

2. SITE PLAN (site outlined in red)

3. PHOTOS OF SITE/STREET

Photograph 1 : View of the site from Seven Sisters Road with Hornsey Road Baths development in background.

Photograph 2 : View looking along Heather Close with site on the left and Hornsey Road Baths development on right with Montem School Primary in the distance.

Photograph 3 : View of site from Seven Sisters Road including now demolished previous residential building.

Photograph 4 : View of site from Seven Sisters Road looking west.

Photograph 5 : Heather Close, development site on left, Hornsey Road Baths Development on right and Montem School ahead. SUMMARY

3.1 Key issues in relation to this application include whether the proposed development has complied with the objectives of the newly adopted Site Allocation policy for this site. This policy as required by the Planning Inspector makes provision for energy infrastructure alongside mixed use development providing housing and employment and retail provision.

4. SITE AND SURROUNDING

4.1 The proposed development is located towards the north of the borough within the Finsbury Park ward. The site covers an area of approximately 0.51 hectares and is rectangular in shape. The site has a boundary facing directly onto Seven Sisters Road which is a major arterial road designated as a ‘Red Route’. The site is also bounded by the highways of Heather Close and Newington Barrow Way with the other boundary of the site adjoining existing buildings to the west.

4.2 The site is currently vacant following the recent demolition of a number of previous buildings. The site is now under single ownership by the applicant, National Grid.

4.3 The previous buildings and land uses on the site included a variety of commercial and employment uses including the now demolished Red Rose Public House (A4 drinking establishment). Other uses of the site included a car wash business and Milk Depot. Also on the site was a residential building comprising of 10 units.

4.4 The site is not located within a conservation area nor contains any listed buildings. The site is located within the Finsbury Park Key Area as designated within Policy CS2 of the Islington Core Strategy. The site is also subject to a specific Site Allocation FP7 within the Site Allocations Development Plan Document. The character of the area is varied. Seven Sisters Road is a relatively busy major road and has a mixed residential and commercial character providing employment and services to the area.

4.5 The area to the north of the site is more residential in character with the large Andover Housing Estate and the recently constructed Hornsey Road Baths development being adjacent. A residential building which forms part of the Hornsey Road Baths development is directly adjacent to the site across Heather Close. The building is between 5-7 storeys in height. Council offices are also located in close proximity to the site accessed via Newington Barrow Way. The majority of Newington Barrow Way adjacent to the site is in the applicant’s ownership and is therefore not a publicly adopted highway.

4.6 Directly adjacent (to the west of) and sharing a boundary with the site is the Montem Primary School. The school is also grade II statutory listed on account of its historic and architectural interest.

5. PROPOSAL (IN DETAIL)

5.1 The proposed development is divided into two distinct elements which divide the site and are proposed to be constructed separately, as shown in the below table, and are referred to as phase 1 (darker blue) and phase 2 (lighter blue).

5.2 Figure 1 : Phasing Plan.

5.3 Phase 1 is located in the north eastern part of the site and relates to the construction of a large scale electricity substation and ancillary infrastructure comprising of the main building, the Switchgear building, the Head House services building and the Ancillary Services building. There would also be a small district Network Operator substation on this part of the site.

5.4 The Switchgear building is the largest of these buildings (in footprint) and would house the three high voltage transformers. The building would have a maximum height of 14.3 metres from the surrounding ground floor level, the roof profile slopes down in the direction of the site’s boundary with Heather Close. Part of the building’s footprint includes a basement level. At roof level three water to air coolers are proposed. Other associated equipment, plant and cabling would be located within this building.

5.5 The Head House services building surrounds the access shaft to the large power tunnel which runs directly under the site (travelling from St Johns Wood to Hackney). A planning permission has previously been granted for the erection of a Head House building in this part of the site to provide access to the Power Tunnel infrastructure. The proposed Head House building would have similar sloped profile to the Switchgear building with a maximum height of approximately 10 metres from ground level.

5.6 Both the Head House services building and the Switchgear building would be faced in a fibre cement cladding system. Both buildings would incorporate a green biodiversity roof which would be located on the slope of the building facing the Hornsey Road Baths properties across Heather Close.

5.7 The ancillary building would located on the corner of the site at the junction of Newington Barrow Way and Seven Sisters Road. This building would be 3 storeys tall and constructed in brick.

5.8 Also proposed as part of phase 1 is the erection of a 4 metre high perimeter boundary treatment along the majority of the Newington Barrow Way and Heather Close boundaries of the site. The boundary treatment would consist of a 2.4 metre high brick and sculptural concrete lower section and on top of this a 1.6 metre high aluminium perforated mesh screening. Street and feature lighting is also proposed to be incorporated into the wall as is an art/illustrative piece, providing commentary on the history of the Seven Sisters Road and Finsbury Park areas. Within the proposed perimeter wall, gates and an access point from Newington Barrow Way is proposed. The perimeter boundary wall has been proposed as being necessary to ensure a reasonable level of physical security for the proposed energy infrastructure.

5.9 Phase 1 is proposed as a response to the identified need to satisfy predicted future electricity demand for this part of London and wider area. National Grid is a statutory undertaker and has obligations under its operating licence to maintain an efficient, safe and secure electricity supply. The proposal is in response to forecast electricity demands with National Grid required to increase the capacity and robustness of its electricity infrastructure. The application has been submitted with a need case assessment for the infrastructure provision as well as a site selection assessment previously presented to the Planning Inspectorate in the recent examination of the site allocation policy for the site.

5.10 Phase 2 of the development is the proposed construction of a residential led L shaped building of a maximum of 5 storeys when facing onto Seven Sisters Road. The building provides a frontage along Seven Sisters Road and then backs into the site along its south western boundary dropping to three storeys in height where it abuts Heather Close.

5.11 The proposal would provide 44 residential units of which 22 would be provided as affordable and 22 private residential units. The private housing mix includes 16 x 2 bedroom (3 person units) and 6 x 1 bedroom (2 person units). The affordable housing mix comprises within the Social Rent tenure 7 x 1 bedroom (2 person units), 3 x 2 bedroom (3 person units) and 5 x 3 bedroom (5/6 person) units a total of 15 residential units. The intermediate/shared ownership dwelling mix comprises of 3 x 1 bedroom (2 person) units, 2 x 2 bedroom (3 person) units and 2 x 3 bedroom (5 person) units.

5.12 In percentage terms 54% of the dwellings as measured by habitable rooms (50% as measured by units) are proposed as affordable housing. Within the affordable housing provision the split is 69% Social Rent tenure and 31% Intermediate/Shared Ownership by habitable rooms.

5.13 The residential units are proposed as Islington Accessible Homes standard compliant and propose in excess of 10% of units as wheelchair accessible dwellings.

5.14 The residential dwellings are proposed as being Code for Sustainable Homes level 4 compliant.

5.15 The majority of the residential units including all of the two and three bedroom units are provided with private amenity space in the form of a balcony or winter garden. Three communal terraces are proposed as well as a shared surface at ground floor level within a courtyard.

5.16 At ground floor level along the Seven Sisters frontage four commercial units are proposed. A flexible planning permission is being sought for the use of these units. This includes planning use classes A1 retail, A2 financial and professional services, B1 office, D1 non-residential institutions and A4 (1 unit only) drinking establishments. 5.17 Cycle parking, refuse and recycling stores and onsite disabled parking facilities are also proposed as part of the proposals.

5.18 The proposals are put forward as two distinct elements to be brought forward seperately within an identified phased construction. Phase 1, the energy infrastructure is proposed first being built and operational by early 2016. The residential element of the scheme, phase 2 is then proposed to implemented within 6 months of this operation and be ready for occupation within a maximum of another 2 years from the implementation date. A S106 obligation to secure this phased delivery is proposed by the applicant.

6. RELEVANT HISTORY:

PLANNING APPLICATIONS:

6.1 February 2013 LBI reference P2013/0464/PRA - Application for Prior Notification agreed for the demolition of site buildings including 4 storey building containing residential flats and a car wash, and a 2 storey building previously occupied as a public house together with ancillary buildings at the rear.

6.2 May 2007 LBI reference P071124 – Full planning application approved for the erection of mixed use development comprising 9 residential units and student accommodation and commercial units. (Planning permission has now expired)

PRE-APPLICATION ADVICE:

6.3 National Grid’s proposals for these sites have been developed alongside detailed pre- application discussions with planning officers. In addition to this process the site has also been subject to consideration through the consultation, examination and now adoption of a site specific site allocation policy (FP7) within the Site Allocation Development Plan Document June 2013.

6.4 The major issue first discussed related to the very principle of the development of the site for large scale energy infrastructure with the applicant proposing an extremely large infrastructure building, very true to its function that gave little consideration to its surroundings. Officers raised concerns and objections to the proposals focussing on the need and justification for this site being required for this infrastructure purpose, the conflict with objectives and policies for the sites to provide/re-provide employment, commercial and residential floor space/accommodation, the potential effects on neighbouring amenities and the harm to the character and appearance of the area. Officers also highlighted the need to understand potential health impacts on any infrastructure.

6.5 It was acknowledged that there was an existing permission obtained by National Grid on a part of the site for a head house infrastructure building. The Site Allocation consultation, examination and adoption process has therefore been a key matter in relation to the principle of the use of the site for energy infrastructure. The Council’s view in its drafting of this site specific policy guidance was that the site should provide housing and employment within well designed buildings sympathetic to their surroundings. There was a necessary acknowledgement in the wording of the policy of the existing head house permission.

6.6 Representations were made by National Grid to the Council during the consultation and the Inspectorate at the examination of this policy/document. These representations identified that the wording of the policy should be amended to reflect the use of the site, or part of the site for relatively large scale energy infrastructure. The Inspector considered these representations and evidence and in response raised a concern over the soundness of the Council drafted policy and invited the Council and National Grid to discuss amendments to the policy to provide an allowance for use of part of the site for energy infrastructure alongside other parts of the site for housing and employment delivery. An agreed wording as found within the adopted Site Allocation policy FP7 was reached and accepted by the Inspector. The acceptability of the use in the wording of the policy is subject to satisfaction of other detailed considerations. This newly adopted site specific site allocation policy carries extremely strong weight in the assessment of any application coming forward and the principle of land use.

6.7 In parallel with and following the Inspector’s consideration the applicant amended plans for the site in response to officer comments and concerns. The amendments have been made in a number of stages but include principally the following:

- Division of the site to provide part for electrical energy infrastructure and part for residential, commercial and employment use.

- Residential led development ‘L’ shaped that provides frontage to Seven Sisters Road and active commercial uses at ground floor level.

- Residential development to comprise of 50% affordable housing with near 70% of these units to be social rent tenure.

- Reductions in height and changes to the materials of the surrounding perimeter boundary wall to the electrical energy infrastructure.

- Reductions and alterations in the scale, height, massing and materials of the electrical energy infrastructure buildings.

- Provision of pipework infrastructure to Montem Primary School to provide the school with a heat supply utilising waste heat from electrical energy infrastructure. Also similar heat supply arrangements to be delivered for the proposed residential led development on the site.

6.8 The pre-application discussions with the applicant have been generally constructive and amendments have been made to the scheme to address (in full or part) or as a response to officer comments and concerns. The application at pre-application stage is considered to have been developed through five main stages, the first three stages excluded from the development 129 Seven Sisters Road, the site of the Red Rose Public House which was not part of the applicant’s ownership at that point. The first four stages of the application also only proposed the development of the site for a energy infrastructure with no other residential or commercial proposed. Stage 5 forms the basis for the application submitted including a residential led development of the site. The majority of pre-application discussions took place at stage 5 once the requirement to respond to the need to provide positive development in townscape terms and delivering employment, servicing and housing was understood. Stage 5 was the design option that the Inspector was presented with by the applicant in their examination of the Site Allocations Document 2013.

6.9 The matter of the principle of the proposed uses which were originally a key issue of disagreement between officers and the applicant has been discussed, informed and clarified in the Inspector’s comments and within the adopted wording for the site specific Site Allocation policy.

6.10 A matter of consideration was the effect of the energy infrastructure use on the amenities of adjoining occupants and uses including noise, air quality, pollution and health. As determined by a scoping opinion an Environmental Statement (ES) has been submitted with the application. The Centre for Radiation, Chemical and Environmental Hazards within Public Health England have been engaged by officers and have been asked to make comments on the submitted details with regard to potential electro- magnetic fields resulting from the development proposed.

7. CONSULTATION

Public Consultation

7.1 Nearly 9000 letters were sent to occupants of properties within 500 metres of the site on 16/05/13. Site notices and press advert were displayed on 16/05/13. The statutory public consultation of the application therefore expired on 06/06/13, however it is the Council’s practice to continue to consider representations made up until the date of a decision.

7.2 The extent and forms of the consultation undertaken on this application significantly exceed both national and the Council’s own requirements and practices. This is a reflection of the scale and nature of the proposal and mirrors the extent of consultation notification carried out by the applicant prior to submission.

7.3 At the time of writing this report a total of 32 responses had been received from the public with regard to the application. The issues raised can be summarised as follows (with the paragraph that provides responses to each issue indicated within brackets):

 Objections to the principal of providing a substation and energy infrastructure in this location given population density in this area and neighbouring uses including the adjacent primary school. Proposition is that an alternative site could be found in another location without these constraints. (9.29-9.42)

 Concerns over the effect of the operation of the proposed energy infrastructure on the health of existing and future residents in the area and children and staff within the adjacent primary school. Concerns relate to the potential physical effects resulting from Electric Magnetic Fields emitted by the energy infrastructure as well as the psychological effects resulting from concern over the operations. (9.22, 9.131-9.143)

 Concern over perimeter boundary wall to Newington Barrow Way and Heather Close. Its height, design and location together with absence of natural surveillance from occupied use would create a poor environment with concern over both the visual appearance and personal safety and security in the location. (9.67-9.74)

 Proposed site should be used in its entirety to deliver affordable housing and provide employment. (9.29-9.41)

 Concern over the delay in the delivery of the residential led development which forms part of the application. (5.18, 9.227-9.228)  Concern over the absence of onsite operator/persons responsible for energy infrastructure. This is not appropriate for a use of the kind and scale which may be a potential target for sabotage. (9.229)

 Concerns regarding the consultation carried out by the applicants prior to submission of the application, process did not allow effective community engagement. (9.231-9.232)

 Effect of development on adjoining house prices and values. (9.233)

 Effect of the construction phase of the development on surrounding residents and occupiers in terms of noise, traffic, dust and disturbance from onsite works and vehicular movement. (9.12-9.14, 9.128-9.129)

 Concerns over the proposed residential developments design in terms of lack of interaction with its surroundings. Creation of a gated community which will not assist in creating a sense of community. (9.67-9.79)

 Effect of the heat discharge from the energy infrastructure on the amenities of adjoining residential occupiers. (9.25, 9.191-9.193)

 Concern over the effect of the proposed development on the amenities of adjoining occupiers in terms of privacy and day light receipt. (9.111-9.127)

 Concern that the development would negatively affect the setting, causing harm to the special historic interest of the listed Montem Primary School. (9.92-9.95)

External Consultees

7.4 English Heritage stated that the scheme should be determined in accordance with national and local policy guidance, and on the basis of the Council’s specialist conservation advice.

7.5 Metropolitan Police (Crime Prevention) have no concerns with the general design, or proposed usage of the site and therefore do not object to the scheme. Officer noted that the developers have indicated that they wish to comply with current Secure by Design, design principles and standards, with a view to achieving Secure by Design accreditation. Officers hope to be able to offer further assistance to the developer with this matter, if full planning permission has been granted.

7.6 Thames Water raised no objection to the proposals and provided some guidance on waste water and water which is included within an informative.

7.7 Transport for London comments that subject to compliance with a number of conditions would raise no objection to the proposal and the development would not have an unacceptable impact on the Transport for London Road Network (TLRN). Conditions include submission of a travel plan, submission of a delivery and servicing plan, car parking management plan and adequate tree protection measures.

7.8 Transport for London (Buses) raised no objections to the proposals.

7.9 Public Health England, Physical Dosimetry Department, Centre for Radiation, Chemical and Environmental Hazards – Having reviewed the Electromagnetic Fields (EMF) assessment submitted within the Environmental Statement confirms that the procedures and calculations are in line with Government guidelines on Electric Magnetic Fields. It is noted that the assessment demonstrates that the EMF produced by the substation and its associated equipment are well below the International Commission on Non-Ionizing Radiation Protection (ICNIRP) guidelines and therefore are unlikely to present a significant health impact. It is noted that the substation does not contain reactive equipment and is therefore deemed to be compliant with the exposure limits. The local planning authority has been advised to seek further assurance that the cables entering the substation will carry balanced loads to avoid possible high magnetic fields, this assurance has been provided by the applicant and is secured within condition number 41.

Internal Consultees

7.10 Access Officer - Considers that the applicant has gone a long way towards providing an accessible and inclusive development. Officer pleased to see the provision of electric wheelchair/scooter charging points within the cycle parking and the provision of accessible car parking bays. Officer requested some minor amendments to internal layouts of the scheme which have been undertaken.

7.11 Conservation and Design Officer - The scheme has been the subject of pre application discussions and revisions have been made in response to officer comments. The elevation of Seven Sisters Road has been carefully considered and the bay widths, vertical emphasis and fenestration pattern would provide an interesting and appropriate street frontage and make a positive contribution to the locality. To the Heather Close elevation the bulk has been reduced to protect the setting of the grade II listed school. Conditions should be attached to any positive recommendation controlling details and materials.

7.12 Energy Officer – Welcomed the provision of a shared heating network connecting the residential/commercial development and neighbouring school. Considered this provision necessary and for it to be taken in lieu of carbon offset contribution. Suggested conditions with regard to other specific energy efficiencies recommended.

7.13 Public Protection Division (Noise Team) has considered the proposals and has recommended a number of conditions be attached to protect surrounding residential amenities. The conditions include submission of a construction management plan, maximum plant noise levels, internal noise levels, delivery and servicing hours and internal sound insulation.

7.14 Public Protection Division (Land Contamination) acknowledges that the applicant has carried out a desktop survey but recommends a pre-commencement condition requiring further land contamination investigation and if shown necessary remedial works.

7.15 Spatial Planning and Transport (Transport Officer) recommends that further detail in relation to pedestrian safety and accessibility is provided particularly in relation to the internal courtyard within the residential led development. Tracking drawings are required in order to demonstrate that service vehicles to the energy infrastructure can enter and leave the site in forward gear. Development should be car free, details of what parking controls will be in place on Newington Barrow Way should be provided to ensure that this is achieved. 7.16 Street Environment Division – Requested amendments to the proposal be made by the applicant with regard to refuse arrangements to ensure collection services run efficiently. Amendments have been made to satisfy officer comments.

7.17 Sustainability Officer – Welcomes the Code for Sustainable Homes Level 4 commitments. Officer requested that the proposed commercial/retail units attain an appropriate BREEAM level. Officer welcomed the provision of extensive green roofs. Suggested conditions are attached to any approval.

Other Consultees

7.18 Members’ Pre-application Forum – 17/12/12.

8. RELEVANT POLICIES

Details of all relevant policies and guidance notes are attached in Appendix 2. This report considers the proposal against the following development plan documents.

National Guidance

8.1 The National Planning Policy Framework 2012 seeks to secure positive growth in a way that effectively balances economic, environmental and social progress for this and future generations. The NPPF is a material consideration and has been taken into account as part of the assessment of these proposals.

Development Plan

8.2 The Development Plan is comprised of the London Plan 2011, Islington Core Strategy 2011, Islington Development Management Policies 2013 and Site Allocations Document 2013. The policies of the Development Plan are considered relevant to this application are listed at Appendix 2 to this report.

Designations

8.3 The site has the following designations under the Development Plan:

- Site Allocation FP7 Site Allocations - Finsbury Park Key Spatial Area Islington Development Plan Document. Core Strategy Policy CS2. - Seven Sisters Local Shopping Area - Employment Growth Area Development Development Management Policies Management Policies

Supplementary Planning Guidance (SPG) / Document (SPD)

8.4 The SPGs and/or SPDs which are considered relevant are listed in Appendix 2.

9. ENVIRONMENTAL IMPACT ASSESSMENT

9.1 An Environmental Impact Assessment (EIA) has been prepared to assess the significant environmental effects that are likely to arise from the proposed development. The Environmental Statement (ES) comprises of a description of the proposal, a report on the likely significant effect of the proposals on the environment, and proposes where required mitigation measures to avoid or reduce any identified adverse significant environmental effects can be secured. Cumulative effects are considered as well as residual effects following the implementation of proposed mitigation.

9.2 The Environmental Statement comprises of 3 volumes. The main ES (volume 1) in section 1-4 covers the background to the ES, the need for the scheme at Seven Sisters Road and the main alternatives considered, the site and the scheme for assessment, and the approach to the EIA. Sections 5-21 of the main ES covers the environmental assessments on a topic by topic basis with section 22 summarising the consideration of cumulative effects. Volume 2 (Technical Appendices) outlines the supporting data to the ES topic assessments. Volume 3 (Non-Technical Summary) provides a summary of the main ES, written in plain non-technical language.

9.3 The application is considered to meet the EIA Regulations and provide satisfactory levels of information in order for a proper assessment to have been undertaken of the development proposals. The details in the ES are considered to be sufficiently comprehensive to provide a robust EIA and allow for a comprehensive assessment of the environmental impacts of the proposed development.

9.4 This section of the report will firstly report the findings and review the need for the proposed development and alternatives, then focus on the topic of environmental assessments and the mitigation required to ensure that any negative impacts can be controlled and the development does not affect the surrounding area in an unacceptable way. It is structured according to the layout of the ES.

9.5 The Need for the Proposed Development and Alternatives

9.6 The project forms part of the overarching London Power Tunnels project and will be one of two new grid supply point substations, the other being at Kensal Green. The key drivers for the new electrical infrastructure are load growth, existing assets nearing the end of serviceable life, quality of supply regulatory requirements and space constraints on existing sites.

9.7 A number of existing grid supply point substations are operational in North London, though development and expansion of these spaces for additional electrical infrastructure has been discounted. These sites include National Grid sites at St Johns Wood, City Road and Hackney.

9.8 Once the applicant had established a new substation would be required rather than expansion of an existing National Grid operational site, a review was undertaken of four potential sites. Option 1 was on the same site as Lough Road UK Power Networks Islington Substation, option 2 was a combination of the Lough Road UK Power Networks Islington Substation and a site at Hillmarton Road within Islington, Option 3 107/129 Seven Sisters Road (Application Site) and option 4 Eade Road outside Islington.

9.9 The applicant identified that option 1 would not be deliverable within the required project timeframe (to deliver the infrastructure to supply forecast load growth). Option 2 was considered operationally restrictive and option 4 would require significant relocation works to allow parallel construction of the energy infrastructure. Option 3 was therefore considered by the applicant to be their preferred and most viable option for the required energy infrastructure.

9.10 It is necessary to acknowledge that this matter and evaluation of the applicants need case and site selection process of which the above is a brief description was discussed and examined in the Inspectors examination of the Site Allocation (FP7) policy within the Site Allocation Document 2013. Officers presented the Inspector with a critical examination of the applicant’s propositions focussing on the extent and rational behind the site selection assessment. The Inspector findings (discussed in greater detail in the land use section of this report) considered ‘that a robust case has been made to justify allocating part of this site for electricity infrastructure’. Given this accepted position it is not a sustainable position to dispute the need case and/or site selection process and grounds for developing part of this site for energy infrastructure. However the physical form of the development and its acceptability is not established.

9.11 The relevant topics and assessment findings of the Environmental Statement are summarised as follows in turn;

9.12 Traffic and Transport

- No significant impacts have been assessed relating to traffic levels or delays due to relatively low numbers of construction vehicles accessing the site given the proximity of Seven Sisters Road and existing high levels (approximately 18,000) vehicles a day.

- All vehicular traffic during construction and operation of the proposed scheme would access the site via Seven Sisters Road.

- It is suggested that a Construction Management Plan is agreed to minimise any adverse impacts associated with construction traffic.

- Proposed residential and commercial elements would generate a very low number of vehicle trips including during AM and PM peak hours. The energy infrastructure would be unmanned and only require occasional on site personnel and vehicle movements to and from the site.

9.13 Air Quality

- Assessment considers that due to the size of the development, activities taking place during construction and their proximity to sensitive receptors (notably existing residential properties) that there is an overall high risk to local air quality from dust emitting activities at the site without mitigation measures. The risks were considered to be associated to the construction of the development phase as opposed to the operational phase of the residential development or energy infrastructure.

- Mitigation is proposed to reduce any impact to minor adverse by compliance with best practice and mitigation measures in the form of an agreed Construction Environment Management Plan.

9.14 Noise and Vibration

- The assessment identified that residential units on Heather Close (from the construction of phase 1) and residential units on Newington Barrow Way, Seven Sisters House and Argyle House on Seven Sisters Road (from the construction of phase 2) would experience without mitigation significant temporary adverse effects in relation to noise. The assessment indicated that no properties would experience significant temporary adverse effects arising from construction vibration.

- Mitigation is proposed in relation to construction in the form of compliance with construction best practices including site hoardings and use of non vibratory plant. - The operation and design of the energy infrastructure would ensure that there are no significant residual effects by ensuring adequate building envelope around the infrastructure, correct specification on building services plant and attenuators to building services plant where required.

9.15 Ground Settlement

- Assessment identified that there would be negligible impact in terms of ground settlement as a result of the development and proposed excavation works.

9.16 Surface Water

- The impact on water quality, water use and flood risk was assessed during the construction and operational phases of the proposed development when compared with the existing site. The assessment identified that no significant issues would be expected during the construction phase or operational phase of the development. It is noted that compliance with best construction practices would be required during the construction phase.

9.17 Contaminated Land

- Previous uses and activities on the site including the historic use as a garage and petrol filling station, may have resulted in contamination of the shallow ground. If the site was left unmitigated and land contamination has taken place there is a potential that contamination may be encountered during any construction and have a potentially harmful effect on the health of workers, visitors and future occupants.

- To address this potential effect mitigation is proposed in the form of pre-construction and construction investigations and specific remediation if contamination is identified.

9.18 Archaeology

- Assessment indicates that there is limited potential for archaeological deposits to be present on the site. It is proposed that a programme of archaeological investigation be undertaken to establish whether archaeological deposits are present and if present their location, nature and extent. Significant archaeological findings would be preserved.

9.19 Built Heritage

- There are no listed or locally listed buildings on the site, five grade II listed buildings are located within 250m of the site including the Montem Primary School. It is not considered that the scheme would have any permanent adverse impact on built heritage assets in the surrounding area.

9.20 Landscape and Visual

- Due to the presence of construction plant and infrastructure connected to the construction phase of the development there is potential for a moderate adverse effect on the landscape character of the site.

- The proposed development incorporates green roofs, courtyard, roof level terraces, balconies and new tree planting to visually enhance the overall landscape character of the area. The proposed building in scale, massing and materiality are in the ES assessments conclusion considered to be appropriate and sympathetic to its surroundings. The assessment concludes that the scheme, with regard to the current and previous use of the site would likely make a positive visual contribution to the area.

9.21 Ecology, Arboriculture and Nature Conservation

- The site currently has no significant intrinsic ecological value, adjacent but outside the site boundary are existing trees of amenity and ecological value.

- Construction of the proposal is not considered to have a significant effect due to the current nature of the site and subject to appropriate protection of adjacent trees.

- The provision of measures including green roofs, landscaping areas, planting and bat boxes would be beneficial in relation to this topic increasing natural habitats to support flora and fauna.

9.22 Electro Magnetic Fields (EMF)

- The proposed development, specifically the electricity development produces electric and magnetic fields (EMFs) as is the case for all equipment that generates, distributes or uses electricity.

- The government sets guidelines for safe exposure to EMFs in the UK designed to protect members of the public against EMF exposure. In addition to these guidelines there are precautionary policies providing appropriate protection against the possibility of effects of EMFs at lower levels than the guidelines. National Grid as the applicant confirm they are committed to following these pre-cautionary policies and the assessment undertaken with the EIA on EMFs was performed in line with code of practices which set out how to apply the precautionary policies that the Government adopted.

- The proposed development is located within an urban area which has existing electricity distribution wiring, in addition to housing wiring and appliances, all of which produce their own EMFs. The assessment is carried out with appreciation of ‘background field’ of these sources which will be present independently of the substation and energy infrastructure.

- The proposed infrastructure contains high-voltage equipment with electricity entering or exiting the substation via underground cables in tunnels. The underground cables and substations would be enclosed in a metal outer layer which is considered to screen electric fields therefore no external electric fields would be produced as a result of the proposed development according to the assessment.

- Magnetic field would be provided by the substation and cables, which will vary according the electricity current flowing. Calculations were taken on a worst case situation with a maximum current flow. This calculated that maximum magnetic fields at the boundary of the site were a fraction of the UK Government guidelines. The magnetic fields reduce quickly with increasing distance from the substation.

- The proposed energy infrastructure has been designed to ensure that it complies with Government exposure guidelines. An EMF unit and contact number has been set up to answer questions and address concerns the public may have.

9.23 Socioeconomics - The construction of the proposed development is expected to support a total of approximately 236 full time jobs (FTE), including 177 FTE additional jobs within London, South East and East of England. Of this 177 FTE jobs, almost 81 FTE jobs are expected to be net additional direct construction jobs and an estimated 96 FTE are expected to arise through indirect and induced effects from the net additional direct construction jobs.

- The operational phase of the development is expected to support within the retail/commercial floor space around 35 FTE additional jobs across London, of which around 17 FTE can be expected to be located within Islington.

- The scheme results in a net increase in housing provision across the site taking into account the now demolished housing previously found on the site.

9.24 Waste

- The assessment projects that 90% of the total waste arising from construction of the development would be diverted away from landfill.

- Provision within the design has been made for efficient waste management during the operation of the development.

9.25 Waste Heat Effects

- Assessment undertaken to determine any likely urban heat island effect of the proposed development. Assessment identified that in normal operating mode it is estimated that the heat output from the electricity infrastructure would be 200kW. An increase in the operating mode may see this increase to as high as 500kW in the future.

- Two modelling scenarios have been assessed, i) a still day scenario and ii) a windy day where the wind direction is to the nearest existing residential properties. The increase in air temperature would be no more than 0.5C in normal operating mode and up to 1.2C at peak heat output. This increase in heat dissipates in distance from the infrastructure. On a still day heat is considered to rise directly from the infrastructure and on a windy day be cooled by air flow diluting the effect of any heat emission on surrounding residential properties.

- Mitigation measures have been incorporated into the design of the electricity infrastructure including extensive green roofs which would store thermal heat and reduce surface heat emissions.

9.26 TV and Radio Interference

- The assessment is based on the location of the proposed development in relation to the location of the main television and radio transmitters, and the principles of electromagnetic wave propagation.

- The assessment identifies that the effect of the development on satellite TV services is likely to be negligible and effect on digital terrestrial TV broadcast slightly adverse.

ASSESSMENT

9.27 The main issues arising from this proposal relate to:  Principle/Land Use  Design  Public Health  Effect on the character and appearance and setting of surrounding area and historic assets  Effect on Neighbouring Amenities  Safety and Security  Affordable Housing and Standard of Residential Accommodation  Retail and Commercial Provision

Land-use

9.28 The site is located midway between the town centres of Finsbury Park and Nags Head on the northern side of Seven Sisters Road, a relatively busy arterial road which is characterised by a range of uses including commercial and residential. Reflecting this, the currently cleared site has previously been used and has lawful land uses for a variety of commercial (retail and employment) and residential.

9.29 The site has been subject to a site specific assessment and policy allocation within the recently adopted (2013) Site Allocation Document (Site FP7). This document and allocation was found sound by the Inspector following amendment and therefore is in line with and is now part of the wider Local Development Plan. The allocation and policy guidance provided within the site allocation carries significant weight in the assessment of a development proposal for this site.

9.30 In relation to land use the site allocation supports ‘mixed use redevelopment to provide retail, employment and conventional residential accommodation, alongside electricity infrastructure (including a substation and associated necessary infrastructure)’. The allocation also states ‘the site is on the busy Seven Sisters Road which is well served by public transport and near to a full range of amenities at the Nag’s Head and Finsbury Park Town Centres. Underutilised, it is suitable for redevelopment to assist with the regeneration of the area….’.

9.31 In relation to the energy infrastructure the site allocation states the following ‘the north- east corner of the site (part of 127 Seven Sisters Road), has permission for a National Grid head house. As part of the London Power Tunnels project the need for additional energy infrastructure has been identified by National Grid to provide a new grid supply point for UK Power Networks’.

9.32 In summation the allocation seeks a redevelopment and regeneration of the site which will deliver a mixed use development. The Inspector has accepted and required the inclusion of energy infrastructure within the allocation. The balance of the different uses and division of the site is considered to be a key matter in the overall assessment of this application.

9.33 Prior to the formal adoption of the site allocation policy, the Council’s initial position was that, with the exception of the existing headhouse permission, the site would in its entirety be required for commercial and residential uses. One of the key reasons for this related to the employment, service and housing needs of the borough and the contribution that the development of this site could make to this. In addition the Council had concerns over the appropriateness of significant energy infrastructure in this location and argued that National Grid should consider the availability of alternative and more preferable sites for energy infrastructure.

9.34 During the public examination of this Site Allocation policy by the Planning Inspectorate; National Grid presented evidence to argue that the Site Allocation policy should make provision for additional energy infrastructure. The Inspector in her preliminary conclusions of this matter identified a need for a modification to the allocation in order to ensure that it is sound. The following excerpt from the Inspector’s letter explains her rationale:

9.35 I recognise the weight that the Council gives to the need for regeneration and environmental enhancement in this area, as well as the need to deliver economic growth, housing and introduce retail frontages on Seven Sisters Road. However in the light of the evidence presented by National Grid (NG) regarding need and site selection, I consider that a robust case has been made to justify allocating part of this site for electricity infrastructure. This course of action is strongly supported by the NPPF which, as you know, requires local planning authorities to take account of the need for strategic infrastructure.

9.36 NG has made it clear that it does not require use of the whole site for electricity infrastructure and has submitted a draft scheme to demonstrate how the site could be developed for an electricity substation and mixed use development. Furthermore NG has also provided a suggested amendment to Allocation FP7 which I consider provides an appropriate basis for an amended allocation.

9.37 To take this matter forward I suggest that you work with NG to agree an amended allocation, based on the proposal in NG’s Appendix 1…’

9.38 In response to this letter the Council had potentially two options. The first would be to not follow the Inspector’s guidance and push forward with the Site Allocations Document. In this event the Inspector would either have found the document unsound or would have required that this site allocation policy is removed from the draft document.

9.39 In any event the Inspector’s letter including the extract above (allocating a part of the site for electricity infrastructure) and stating that an amended allocation should be agreed, based on the wording put forward by National Grid would have such significant weight in any decision making for the site so as to make this approach redundant.

9.40 The second option which the Council followed was to amend the wording of the allocation for the site (FP7) in line with the Inspector’s direction. Prior to making this decision the Council sought advice from Neil Cameron QC to establish whether the Inspector had exceeded her powers in this respect. It was concluded that she had not exceeded her powers and there was therefore no basis for challenging her decision.

9.41 The Council also ensured that the need for regeneration and environmental enhancement in this area, as well as the need to deliver economic growth, housing and introduce retail frontages on Seven Sisters Road are strongly emphasised and highlighted in the site allocation policy together with a requirement that neighbouring amenities are considered.

9.42 This proposal for mixed use development, notably and necessarily incorporating a significant affordable housing provision and providing electricity infrastructure at a strategic level fulfils the land use policy aims of the adopted Site Allocation (FP7) for this site. Consideration then moves to the balance of these uses on the site, the effect on neighbouring residential amenities and potential townscape considerations for example. This can be seen in the adopted Site Allocation which states:

Energy Infrastructure should:

 In both location and size be visually sensitive;  Be appropriately balanced with the regeneration and mixed use objectives for the site;  Protect the amenity of existing and future occupants with regard to noise, air quality, pollution, land contamination and health.

9.43 The Site Allocation also identified the requirement for high quality design. The satisfaction or not of these policy objectives will be discussed and evaluated in the relevant section of this report.

9.44 The above evaluation focuses in policy terms on the adopted Site Allocation (FP7) for the site which is part of the wider Development Plan. This is appropriate and necessary given that the policy is specific to this site, has been found sound by the Inspector (in accordance with the development plan and NPPF) and its very recent date of adoption.

9.45 Other relevant Development Plan policies in relation to land use considerations include the site’s position (in part) within the Finsbury Park Key Area as designated and linked to policy CS2 (Finsbury Park) of the Islington Core Strategy 2011. This policy states ‘redevelopment of low density employment sites around Finsbury Park station is supported to provide mixed-use developments of housing, employment (office, light industrial, storage and distribution) retail and leisure….’.

9.46 Policy CS12 (Meeting the housing challenge) of the Islington Core Strategy provides a clear direction of seeking new housing of a good quality to meet identified and pressing housing needs. Policy CS13 (Employment Spaces) and policy CS14 (Retail and Services) similarly (in summary) provides strong protection for existing employment space, retail and services and support in locations such as this for new and replacement employment, retail and services floor space within development proposals.

9.47 In relation to energy infrastructure the Council does, in policy CS18 (Delivery and infrastructure) of the Islington Core Strategy have a policy which states ‘the Council will work with its partners to deliver the infrastructure required to support the development growth over the plan period as detailed in the Islington Infrastructure Delivery Plan’.

9.48 Flexible Uses Flexible planning permission has been sought for four self contained ground floor units within phase 2 of the development. The flexible planning permission sought is for retail (class A1), financial and professional services (use class A2), business (use class B1) and non-residential institutions (use class D1). In the case of one of the units the flexible planning permission sought also includes drinking establishments (A4 use class) as a response to the previous operation of the Red Rose Public House on the site. Permission is not sought for places of worship within the D1 use class.

9.49 This type of permission allows the individual units to be occupied for any operations within these use classes following the grant of planning permission. 9.50 Permitted Development Rights allow (where flexible uses are specified within a permission) one change within the flexible use classes to take place without requiring planning permission within a 10 year period following the granting of planning permission. For instance in the above scenario a unit could be first occupied as retail and then be converted to business floor space without requiring planning permission within the time constraint.

9.51 Other more recent legislative changes to the permitted development rights have also been sought to provide flexibility between commercial uses for units such as this below 150 square metres. These changes remove the need for planning permission to change floor space to a variety of uses including A1, A2 and B1 proposed within this submission from a variety of existing uses including all of those proposed for a period of time lasting 2 years.

9.52 While the commercial ground floor character of the area is established the site is located midway between the town centres of Nags Head and Finsbury Park and it is considered that having as flexible permission as possible would be beneficial to provide these units with the greatest opportunity to be occupied.

9.53 Additionally though it is apparent that while unlikely there is a potential scenario where all of the units are taken up for D1 uses for instance failing to provide retail or guarantee employment as required by the Site Allocation policy (FP7). It is therefore considered necessary to attach a condition to any permission that requires that no more than two of the units shall be occupied for D1 or A4 use classes (combined) at any one time. This would ensure that two of the units would be retained for A1, A2 or B1 use at any time.

9.54 Given the cleared nature of the site it is difficult to assess the economic contributions of the proposal against the previous historic contribution of the site in terms of employment numbers and service provision to the area. No evidence is available to substantiate the proposal representing a significant loss of employment. It is also recognised that the competing requirements for space on the site of the proposed land uses place a natural constraint on the extent of retail/employment provision.

Design, Conservation and Heritage Considerations (including Archaeology)

9.55 The site faces onto Seven Sisters Road (to the south) a busy thoroughfare connecting Nags Head and Finsbury Park (Town Centres) a Transport for London ‘Red Route’. This area of Seven Sisters Road is predominately ¾ storey 19th and 20th century buildings with ground floor retail use and commercial/residential on upper floors. Newington Barrow Way marking the eastern boundary of the site is a predominantly residential street which is defined by 4 storey brick residential units on the opposite side of the street to the site. The residential units are built over the top of existing garages located at ground floor level.

9.56 Heather Close is located on the northern boundary of the site. On the opposite side of the close is a 5/7 storey residential building which was constructed as part of the residential led mixed use development of the Hornsey Road Baths site.

9.57 Notable heritage assets in the vicinity of the site include the Grade II listed Montem Primary School built in 1897. The site of the school shares a boundary with the site to the west. Generally previous buildings on the site (now demolished) have had limited architectural value and lacked cohesiveness when compared to many architecturally finer surrounding buildings, established building heights and strong frontages. The Red Rose Public House though, which was the last building to be demolished on the site was considered to have a heritage value although this is considered equally attributable to its historic use as much as its previous architectural merit.

9.58 With regard to redevelopment proposals for the site the adopted Site Allocation (FP7) identified policy guidance in terms of design considerations and constraints. The policy sets out ‘any proposals should be of a high quality design which improves the streetscene of the local area and Seven Sisters Road.’

The building layout should provide a coherent street frontage along Seven Sisters Road up to Newington Barrow Way. All buildings and energy infrastructure should be sensitively designed with regard to height, bulk and massing. Proposals for boundary treatment of energy infrastructure should be designed to address personal security concerns in line with Safer Places and Secured by Design principles.

Development should conserve and enhance the setting of the Montem Primary Grade II listed building, which adjoins the rear of the site.

9.59 The policy design guidance in its wording is more specific to the envisaged land uses on the site than other strategic level design policy contained within the Development Plan. This is considered appropriate as it reflects the fact that the land use allocation of the policy (FP7) cites energy infrastructure as an appropriate use on the site subject to satisfaction of other planning considerations and therefore establishing design considerations for such a use is both desirable and prudent.

9.60 The development of the site has been separated into two distinct elements which are to be delivered in separate phased construction. Phase 1 to be delivered first, is for the development of the energy infrastructure which would face onto the majority of Heather Close, Newington Barrow Way and a small portion of Seven Sisters Road. Phase 2 is the residential led development which would have a primary frontage onto Seven Sisters Road and then also face onto a portion of Heather Close.

9.61 Phase 1 (electricity infrastructure) had specific personal operation design requirements that come through in the development in terms of the scale and layout of buildings/infrastructure and security requirements. While these points are relevant material considerations high quality design needs to be achieved for the development to be acceptable.

9.62 At the pre-application stage the proposed development went through a number of revisions in response to officer comments. Early versions of the proposals were not acceptable in design terms (together with land use objectives). The below drawings show three of the five development stages of the scheme at pre-application stage. This progression is from a proposal which can be seen as simply an engineering approach with little regard to its surroundings to an approach that the applicant is putting forward as satisfying their infrastructure and associated security requirements as well as being acceptable in design and other planning terms.

9.63 Fig 2: Stage 1 Engineering based solution. Fig 3Stage 4/5 Energy Infrastructure.

xx A

Fig 4: Application Submission Fig 5: Application Submission

9.64 The reduction in the area of the site required for phase 1 electricity infrastructure has been enabled (according to the applicant) by many factors including:

- developments in high voltage equipment technologies providing smaller plant and transformers which require a reduced scale and footprint of buildings.

- the amendment to use water to air coolers as opposed to oil based coolers allows these structures to be placed at roof level as opposed to taking up valuable ground floor space.

- the design of the substation building includes basement excavations to minimise the height of the building above ground floor level.

9.65 Phase 1 relates to the construction of a large scale electricity substation and ancillary infrastructure comprising of three main buildings, the Switchgear building, the Head House services building and the 3 storey ancillary building on the corner of Newington Barrow Way and Seven Sisters Road. Also proposed as part of phase 1 is the erection of a 4 metre high perimeter boundary wall along the majority of the Newington Barrow Way and Heather Close boundaries of the site.

9.66 The larger switchgear building would be faced predominantly in an external wall artificial cladding system. The buildings have limited articulation in the form of fenestration/openings. Both buildings would feature green roofs which would have various environmental benefits as well as an aesthetic quality. The raking profile of these buildings has been designed to minimise the visual impact of the buildings as well as minimise amenity impacts to properties directly to the north side of Heather Close. Private views of these buildings from existing residential units on the Northern side of Heather Close would include significant amounts of green roof as a result of the roof profile proposed.

9.67 The surrounding perimeter wall has been amended through the pre-application process, reducing its overall height, improving its detailed design and length. The wall is stated as necessary by the applicant at the height proposed for the security of the infrastructure. The wall consists of a 2.4 metre high brick and sculptural concrete lower section of the wall. On top of this would sit a 1.6 metre high profiled aluminium perforated mesh screening. Feature lighting is to be installed within the wall.

9.68 Figure 6 : Detailed elevation of proposed boundary wall.

9.69 The design of the wall would incorporate etched text and illustrations relating to the history of the Seven Sisters and Finsbury Park areas. This element is put forward to provide both a visual and educational interest to this element of the proposal, and help mitigate the wall impacts.

9.70 The proposed wall fails to provide an active frontage onto Heather Close and Newington Barrow Way in the form of either a commercial/retail or residential use. The wall is proposed at four metres in height, the elevation has been broken down in design terms to provide both interest and also a more lightweight top element to minimise its dominance when viewed from street level. The wall is considerably lower than the 5 storey scale of building to the northern side of Heather Close, this though includes a typical set back incorporating pavement from the carriageway of Heather Close as opposed to the perimeter wall which sits directly on the pavement edge.

9.71 Understandable concern has been raised regarding this element of the proposal including the appearance of the wall, its effect on the character and appearance of the area and the implications for personal security and creating an environment that attracts anti social behaviour. The below 3D views show the proposed perimeter wall on Heather Close and Newington Barrow Way from an eye level height of 1.6 metres.

Figure 7 : 3D view Heather Close. Figure 8 : 3D view Newington Barrow Way.

9.72 In relation to these concerns the Metropolitan Police crime prevention officer has been engaged in the development of the proposal and raised no objection to the proposal in respect to considerations such as personal security or likelihood of attracting anti social behaviour. The residential units facing onto Heather Close (proposed within phase 2) would provide actual (and a sense of) surveillance of Heather Close. Angled/splayed windows would provide views along the section of Heather Close adjoining the perimeter wall.

9.73 In design terms and with regard to the character and appearance of the area it is considered preferable for redevelopment proposals to provide greater amounts of active frontage along Heather Close and Newington Barrow Way. Some interaction is provided to the street on Heather Close in the development of phase 2.

9.74 As demonstrated in comparing the images within figure 7 and 8, the provision of a pavement to Newington Barrow Way elevation in terms of the quality and breathing room of the public realm is positive. It is considered that the Heather Close elevation and public realm would benefit from the provision of a pavement. It is noted that the design of the energy infrastructure (in terms of the siting of buildings and access routes) has been carefully planned. However a condition is proposed requiring the perimeter wall being set back from the carriageway and a pavement provided as part of a feasibility study

9.75 The site allocation policy for the site identifies the provision of ‘a coherent street frontage along Seven Sisters Road up to Newington Barrow Way’ the policy also states that the ‘site is within the Seven Sisters Road Local Shopping Area and Employment Growth Area; active ground floor frontages along Seven Sisters Road should therefore provide retail/employment uses’. The development proposal seeks to fulfil these aims by providing an elevation which offers retail/commercial uses at ground floor level and residential uses at upper floor levels across the majority of the Seven Sisters Road frontage within Phase 2 of the development.

9.76 The exception is on the corner of Seven Sisters Road and Newington Barrow Way where a three storey ancillary building as part of phase 1 is proposed. This would adjoin and has been designed to be an effective composite of the buildings proposed in phase 2 fronting Seven Sisters Road. It is noted that there would be a period of time following the completion of Phase 1 and prior to the completion of Phase 2 where this building would be freestanding and not be part of the proposed Seven Sisters elevation frontage. On the basis of this being a temporary arrangement and its scale and individual design quality, it is not considered that this situation would cause undue harm to the surrounding area in design and townspace terms.

9.77 Figure 9 : Perspective image of Seven Sisters Road Elevation.

9.78 There was a clear requirement for the proposed development to provide a strong frontage and make a positive architectural/townscape contribution that would bring activity to this area of Seven Sisters Road that this proposal achieves. This site has previously) in comparison with its surroundings, suffered from inconsistent scale and architecturally poor buildings which lacked a defined rhythm or cohesiveness. The development of such a large site and extended frontage in design terms presents challenges. The frontage is designed with appropriate verticality (as is found in the surrounding townscape) and defined plot widths resulting in a high quality design.

9.79 The Council’s Conservation and Design officer stated that ‘the elevation of Seven Sisters Road has been carefully considered and the bay widths, vertical emphasis and fenestrations pattern would provide an interesting and appropriate street frontage and make a positive contribution to the locality.’

9.80 Looking at the width of the Seven Sisters Road frontage the building has first been broken down into 4 main blocks as shown in the below image, the fourth block being the corner (ancillary services) building proposed as part of Phase 1.

9.81 Figure 10 : Seven Sisters Road Massing (Blocks)

9.82 Within this, the elevation has been further broken down as shown in the below image through articulation, fenestration window placement and repetition, and materials providing a series of bays.

9.83 Figure 11 : Seven Sisters Road Massing (Plots)

9.84 There is a distinct variation in the architectural approach with building 1 as shown in figure 10 and the ancillary services building (to be delivered as part of the phase 1) having a different treatment, and in the case of the ancillary services building different scale, to the central part of the elevation referred to as buildings 2 and 3. This variation is welcomed providing interest to the elevation.

9.85 The banding in terms of the colours of the brickwork is used to provide definition to the plot widths and further interest to the elevations. The use of the darker brickwork on the ancillary services building at the other end of the Seven Sisters frontage and on the Heather Close elevation is considered an effective way of tying the development together in design terms.

9.86 The design of this Seven Sisters elevation has also had appropriate regard to the surrounding composition of building in providing a clear base, middle and top. The base in this case is the commercial/retail frontages at ground floor. The relatively large openings/glazing of the commercial units at ground floor level featuring defined surrounding frames are visually attractive and suitable for the overall architectural approach of the building.

9.87 The middle of the building features 3 storeys of brickwork elevation and the top of the building a more light weight upper floor which is varied in terms of the level of set back along the elevation. The variation in the set back distance is necessary in terms of the visual relationship with existing buildings to the west along Seven Sisters Road, number 105. The proposal here would step up in height from 105 Seven Sisters Road and it is considered that setting back the top level an additional relative distance from the parapet in this location assists in bridging this change in height. Similarly the step down in building height provided by the three storey ancillary services building was encouraged to bridge the relationship with the smaller scale buildings relative further east along Seven Sisters Road and is supported.

9.88 Phase 2 of the development is L shaped extending across the full depth of the site on its western portion. The scale and massing of the building in this location progressively steps down to a height of 3 storeys on the Heather Close elevation. This is a response to safeguarding existing neighbouring residential amenities as well as protecting the special interest of the adjacent listed Montem Primary School. This massing and the appearance of the Heather Close elevation is considered acceptable in design terms.

9.89 An area of concern in design terms is the treatment of the elevations of the residential led development facing onto the energy infrastructure. As discussed for security reasons the applicant has placed a constraint on the development of not including openable windows on these elevations. These elevations were amended during the pre-application process with the submission now including (for articulation) glass brick panels arranged in horizontal and vertical patterns.

9.90 The elevations would be visible to public and private views from Heather Close and Newington Barrow Way, obscured in whole or part in many locations by the building and structure constructed as part of phase 1. On balance given the constraints of the phase 1, this treatment is considered acceptable.

9.91 The quality of materials and finishes is considered to be key to the success of the proposals. Conditions are attached with regard to submission of material and samples prior to commencement to ensure that building(s) of appropriate quality would be delivered.

9.92 Effect on Heritage Assets The proposed development sits adjacent to Montem Primary School which is a Grade II listed building constructed in 1897. The principle elevation of the building faces westward onto Hornsey Road. The east facing elevation of the school faces towards and shares a boundary with the development site.

9.93 The background of views of the listed school from Hornsey Road would be of the residential-led building, to be constructed in phase 2 of the development. The massing of the development in this location gradually steps down in part to be sympathetic to the historic interest and setting of the school as well as neighbouring amenity considerations. It is not considered the development on account of its sensitive scale and massing (3 storeys)in this area and separation distance will harm the special interest or setting of the listed building. The Conservation and Design officer has considered this relationship and raised no objection.

9.94 Prior to the construction of phase 2, the background of views of the school would include the buildings, constructed as part of phase 1 of the development. Given the separation of these buildings, the proposed substation building appearance, smaller scale and the temporary nature of this relationship it is not considered that undue harm would be caused.

9.95 Currently public views exist from Seven Sisters Road of the listed Primary School which are considered positive to the character and appearance of the area. These views are untypical in the sense that they are only available due to the cleared condition of the site not featuring building of a perimeter layout and scale that would be expected in this location. The loss of these temporary views is not considered harmful.

9.96 Archaeology While the site is not within, it does lie immediately adjacent to the Tollington Settlements Archaeological Priority Area. The applicants’ Environmental Impact Assessment considered archaeology as a topic area of that study. The assessment suggests that a programme of archaeological investigations be undertaken as would be appropriate for development in Archaeological Priority Areas. A condition is attached to the recommendation securing this.

Density

9.97 The London Plan encourages developments to achieve the highest possible intensity of use compatible with the local context. The redevelopment scheme proposes a total of 44 residential dwellings comprised of 130 habitable rooms (hr).

9.98 Density is expressed as habitable rooms per hectare (hrh) and is calculated by dividing the total number of habitable rooms by the gross site area. The site covers an area of approximately 0.51 hectares divided between the energy infrastructure (phase 1) 0.33 hectares and residential led development 0.17 hectares. 9.99 The site has a public transport accessibility levels (PTAL) of 6a (excellent). In terms of the character of the area it could be argued that the site falls within and outside equally the definition of areas with an urban character or central character The London Plan for areas of the PTAL rating identifies the suggested residential density range of 650- 1100hrh if considered a central character area and 200-700 hrh if urban.

9.100 The proposed development has a residential density of 255hr/ha if you consider the whole site of 0.51 hectares. Considered against the suggested density ranges it would appear on face value that there is a strong argument to consider the development as not optimising the potential of the site. However consideration needs to be given that a significant portion of the site as a response to the Site Allocation (FP7) has not been developed as providing residential use, further assessment is necessary

9.101 The density of 767 hr/ha calculated only on the site area of the residential led development 0.17 hectares indicates phase 2 would deliver an appropriate density.

Accessibility

9.102 The development is required to achieve the standards of the Islington Accessible Housing SPG together with the requirement that 10% of residential units are wheelchair accessible units. The application provides 5 of the 44 residential units as wheelchair accessible units amounting to 12.3% as measured by habitable room. The units are provided across a range of unit sizes, 1 x 3 bed, 3 x 2 bed and 1 x 1 bed units, and tenures which is welcomed. All 44 units have also been designed to achieve the Lifetime Homes Standards in accordance with Council policy. Conditions are attached to secure this provision.

9.103 Conditions are attached securing provision of storage and charging facilities for mobility scooters. A separate condition is attached requiring the provision of disabled parking bays on site as proposed.

9.104 Comments have been raised in relation to the commercial units proposed at ground floor level. Due to the flexibility of uses proposed it is considered reasonable and feasible to condition details of accessibility arrangements to be approved prior to the occupation of each unit.

Landscaping and Trees

9.105 The site is currently a cleared open area of hard standing. No trees are located on the site. Three semi mature trees are located within the pavement adjoining the site on Seven Sisters Road. Recently planted trees are also found within tree pits along Heather Close to the north of the site.

9.106 The various buildings proposed on the site and vehicular routes through, result in (at ground floor level) minimal soft landscaping being proposed. The courtyard to the residential led development provides an opportunity to incorporate some soft landscaping and planting. A landscaping condition for this area requires submission of further detail on this aspect.

9.107 The proposal includes the provision of green roofs that would introduce a biodiversity value in addition to being pleasing visually when seen from private terraces and surrounding views. A condition is attached which prescribes a substrate depth of average 80-150mm to maximise benefits for biodiversity, sustainable drainage and cooling.

9.108 There may be opportunities surrounding the site for additional planting, particularly on the Seven Sisters pavement in front of the development. The feasibility and exact location of any such planting would be dependent on further investigations of existing and planned service routes in liaison with the relevant highways authority TfL. The S106 contributions in relation to open space and public realm agreed by the applicant could be used to deliver additional tree planting.

9.109 Council policy DM6.5 of the Development Management Policies 2013 identifies that ‘development must protect, contribute to and enhance the landscape, biodiversity value and growing conditions of the development site and surrounding area… Developments are required to maximise the provision of soft landscaping, including trees, shrubs and other vegetation’. In evaluation of this matter the redevelopment of the site replaces an existing large area of hard standing with a site covered predominantly by buildings and vehicular routes. The development though does where possible maximise areas of soft landscaping however at roof level green roofs.

Neighbouring Amenity

9.110 The Development Plan contains policies which seek to appropriately safeguard the amenities of residential occupiers when considering new development. Policy DM2.1 of the Development Management Policies Document 2013 identifies that satisfactory consideration shall be given to noise and the impact of disturbance, hours of operation, vibration, pollution, fumes between and within development as well as overshadowing, overlooking, privacy, direct sunlight and daylight reciept, over-dominance, sense of enclosure and outlook.

9.111 Overlooking / Privacy Policy identifies that ‘to protect privacy for residential developments and existing residential properties, there should be a minimum distance of 18 metres between windows of habitable rooms. This does not apply across the public highway, overlooking across a public highway does not constitute an unacceptable loss of privacy’. In the application of this policy consideration has to be given also to the nature of views between habitable rooms for instance where the views between habitable rooms are oblique as a result of angles or height difference between windows there may be no harm. Habitable rooms provide the living accommodation of the dwelling. They include living room, dining room, study, home office, conservatory, bedroom(s) and kitchen (if it provides space for dining). They exclude the bathroom, WC, utility room, storeroom and circulation space.

9.112 Given the position of the commercial uses and energy infrastructure and the nature of these uses it is considered that in relation to neighbouring residential units no concern is raised regarding overlooking or privacy.

9.113 In terms of the proposed residential uses, an area of focus is the relationship between proposed and existing residential units across Heather Close. Views in this location are provided across a highway which is cited as an exemption in the above policy typically in the interests of good design and strong street frontages. However it was felt that it would still be necessary to design windows as to limit effects on neighbouring existing properties. Splayed, louvered windows have therefore been proposed to serve the residential units proposed on the Heather Close facade to direct views along Heather Close and restrict direct views to opposite existing properties. This has the wider planning benefit of providing increased actual and a sense of surveillance of Heather Close and strikes a balance between ensuring an appropriate standard of amenity to the proposed units and protecting neighbouring amenities from undue overlooking.

9.114 Direct views would be provided between these existing and proposed properties from balconies of two of the proposed units (10 metres approximately) and from recessed windows (12 metres approximately) which provide access to these balconies and light provision internally. However consideration of any harm caused needs to have regard to the exemption identified in the relevant policy on overlooking and the typical expected hours of use of these balconies. The correct balance is considered to have been reached between policy wording and protection of amenity.

9.115 Daylight and Sunlight The Environmental Statement submitted with the application includes a comprehensive assessment in relation to the effects of the development on sunlight and daylight provision on neighbouring properties. The assessment is carried with out with reference to policy and guidance including the 2011 BRE guidelines.

9.116 For clarification, the BRE Guidelines stipulate that there should be no real noticeable loss of daylight provided that:

The Vertical Sky Component (VSC) as measured at the centre point of a window is greater than 27%; or The VSC is not reduced by greater than 20% of its original value. (Skylight)

9.117 In terms of sunlight the BRE Guidelines confirm that windows that do not enjoy an orientation within 90 degrees of due south do not warrant assessment. For those windows that do warrant assessment, it is considered that there would be no real noticeable loss of sunlight where:

In 1 year the centre point of the assessed window receives more than 1 quarter (25%) of annual probable sunlight hours (APSH), including at least 5% of Annual Winter Probable Sunlight Hours (WSPH) between 21 Sept and 21 March – being winter; and less than 0.8 of its former hours during either period.

9.118 The BRE Guidelines acknowledge that in order to secure an appropriate urban form that preserves and/or enhances the character and appearance of the surrounding streetscene reductions in sunlight and daylight beyond the suggested minimums may be necessary.

9.119 The assessment has shown that for the majority of existing residential units around the site targets and standards as expressed in the BRE guidelines for sunlight and daylight availability are met in the post development scenario. This is with the exception of 4 windows with the boundary elevation of Argyle House, 105 Seven Sisters Road and rooms located at ground floor adjacent and north to the site within the existing building located on Heather Close.

9.120 In relation to 105 Seven Sisters Road, the affected windows as identified by the sunlight and daylight study are at first and second floor level, these serve residential units. The windows fail the vertical sky component guidance of the BRE. The windows though are located on an elevation facing a boundary with another site. The windows do not sit directly on the boundary therefore will not be blocked up by the proposal. Fenestration in a terrace of buildings is sought on the front and rear elevation unless the buildings site well within its site area or adjoin a highway to not compromise the development of adjoining sites. Given this fact and due to these windows serving units which have other windows on elevations to provide amenity it is not considered reasonable to require the proposed development to be amended in scale and massing in this area. This is with appropriate consideration of the implications on other planning merits of such an amendment on the scheme, housing delivery of the scheme included.

9.121 Five residential units are affected showing failures of either VSC, APSH or WPSH as shown in the below diagram and table within the development adjacent to the site to the north of Heather Close.

9.122 Figure 12 : Sunlight/Daylight Failures

Figure 13 : Table showing BRE failures - (1)..(2) eg indicate windows serve the same unit

Window No Vertical Skylight Probable Annual Probable Annual Component (VSC) Sunlight Hours Winter Sunlight Hours (APSH) (WPSH)

Baseline Proposed Ratio Baseline Proposed Baseline Proposed Condition Develop Proposed Condition Develop Condition Develop ment Base% ment ment Target Target = Target = 0.8 25% 5%

72 (1) 10 4

5 (1) 21 10.5 0.5 46 23

6 (1) 29 18.5 0.6 13 2

7 (2) 29 19.5 0.7 15 4

8 (2) 28.5 21 0.7 9 (2) 12.5 7 0.6 26 18 9 2

10 (3)

11 (3) 26 17.5 0.7

12 (4) 33.5 25 0.7

13 (4)

14 (5) 28.5 20 0.7

15 (5) 34 25 0.7

9.123 The colour code of the three dots shown in figure 12 indicates whether a point is meeting the proposed target criteria for sunlight or daylight availability, red indicates a failure of the relevant standard.

9.124 In evaluation it is noted that windows 72, 5 and 6 serve one dual aspect living room/kitchen within unit 1 which to a degree mitigates the impact. The failures of unit 2 are considered the most significant and harmful in terms of effect on the amenity of a unit. Failures for units 3, 4 and 5 are isolated to VSC only and are marginal.

9.125 Significant amendments were made at pre-app stage to reduce the scale and massing of the building in this location adjacent to Heather Close to reduce impacts on sunlight and daylight availability to neighbouring properties. The constraints of Heather Close being untypically narrow and the affected property being in a northerly direction from the site, as well as ground floor location of residential units contribute in part to these failures and create an environment where the development of buildings of any scale in this part of the site would present additional failures. A development on the site which matched the scale and massing of the existing building on Heather Close (5/7 storeys) which may be sought in townscape terms would affect a much greater number of units in the existing building on Heather Close.

9.126 At 3 storeys in height on part of this boundary this building having regard to BRE results is considered to strike the right balance between townscape consideration, efficient use of the site and protecting residential amenity.

9.127 With regards to potential light spillage the submission confirms that the lighting of external areas and energy infrastructure would be designed in accordance with environmental zone requirements. A condition is attached regarding further details of a lighting scheme including hours of operation.

9.128 Construction Impacts In the interest of protecting neighbouring residential amenity during the construction phase of the development, (having regard to impacts such as noise and dust) the applicant has agreed to comply with the Council’s Code of Construction Practice. Compliance has been secured as part of a S106 agreement together with a payment towards the monitoring of the site to ensure its neighbourliness. This payment is considered be an acceptable level of contribution having regard to the scale of the development, the proximity of other properties, and likely duration of the construction project. This clause also requires the submission of a method statement for the construction phase and a construction logistics plan. The construction logistics plan should take into account the operation of the nearby primary school.

9.129 Noise Details have been submitted in relation to noise and vibration emanating from the infrastructure delivered in phase 1 and the potential for this to disturb neighbouring residential occupiers (including phase 2 future residents). The design has included enclosures and attenuators to address such concerns. The details have been considered by the Council Environmental Health Noise officer who has not raised an objection and suggested conditions be attached to any permission to ensure that such performance and maximum noise levels are complied with in perpetuity.

9.130 Flexible Uses Given the mixed use character of the area it is not considered that the provision of commercial/retail uses on Seven Sisters Road would be undesirable in terms of likely impacts on residential uses. A condition is attached regarding hours of operation of the flexible uses to ensure that there is appropriate regard to the proximity of residential uses is provided.

Electric Magnetic Fields

9.131 A chief and understandable concern in relation to the proposals and specifically the energy infrastructure is the potential effect of the infrastructure and electric magnetic fields (EMF) produced on the public health of surrounding occupiers and visitors to the area.

9.132 At pre-application stage it was identified that a full study would be required to consider any likely effect of EMFs associated with the operation of the energy infrastructure. The Council required that this study and its findings be commented on by Public Health England, Physical Dosimetry Department, Centre for Radiation, Chemical and Environmental Hazards who comment and provide advice to the Government on national infrastructure projects.

9.133 Electric fields depend on the operating voltage of the equipment producing them, electric fields diminish with distance from their source. In the case of this application, equipment is used within the energy infrastructure to prevent the production of external electric fields. This is through the use of underground cable and gas insulated plant enclosed in metal enclosures.

9.134 Magnetic fields are found in all areas where electricity is in use, they vary depending on the electrical currents that are flowing. They are not significantly shielded by most common building materials but do also diminish with distance from the source.

9.135 As highlighted previously in this report the study submitted (in summary) concludes that the proposed Highbury substation and associated cables circuits will be fully compliant with the current public exposure guidelines on EMFs.

9.136 These exposure levels are set by the Government. In 2004, the Government adopted guidelines published in 1998 by the International Commission on Non-Ionizing Radiation Protection (ICNIRP) in response to EU recommendations. This policy was re-affirmed in 2009 and provides policies on EMF exposure limits that should be applied to all electrical transmission infrastructures in the Department of Energy and Climate Changes (DECC) National Policy Statement EN-5. A Code of Practice ‘Power Lines : Demonstrating Compliance with ENF public exposure – a voluntary Code of Practice’ has been published by DECC providing guidance on the application of EMF policies within the National Policy Statement EN-5.

9.137 Having reviewed the EMF assessment submitted within the Environmental Statement Public Health England confirmed that the procedures and calculations are in line with Government guidelines on EMF. It is noted that the assessment demonstrates that the EMF produced by the substation and associated equipment are below the ICNIRP guidelines and therefore are unlikely to present a significant health impact. It is noted that the substation does not contain reactive equipment and is therefore deemed to be compliant with the exposure limits. The local planning authority has been advised to seek further assurance that the cables entering the substation will carry balanced loads to avoid possible high magnetic fields, this assurance has been provided by the applicant.

9.138 Comments received have highlighted that a site which is not in proximity to residential accommodation and adjacent to a primary school would be more appropriate for energy infrastructure of this scale. This reflects concerns over the effect on health and the psychological effect that the infrastructure and the fear of it can create in the community. The point is understood and it is possible that an alternative site may not have such constraints.

9.139 It is agreed by the applicant that exposure to magnetic fields can potentially have both direct effects on the body and possible indirect effects. When a person is exposed to magnetic fields, a current is induced in the body. Compliance with the exposure limits identified above is to ensure that no such direct effects from magnetic fields occur. For magnetic fields exposure below exposure limits there has been considerable research to establish whether or not this might be a cause of ill health in humans with review from the Health Protection Agency and World Health Organization. The applicant acknowledges that there is some evidence to suggest that high magnetic fields may be associated with an increased risk of one particular disease childhood leukaemia, however the weight of scientific evidence is against electric magnetic fields causing ill health in humans at levels below the identified exposure limits has been confirmed by Public Health England.

9.140 A 2009 planning appeal decision references APP/T5720/A/09/2099306 and APP/T5720/A/09/2098386 for developments that included the repositioning of a substation in the London Borough of Merton considered the effect of health of the development and EMFs. The Inspector found in this case that in addition to an adverse effect on health, fear of an adverse effect is also capable of being a material planning consideration, even if there is no objective evidence to support such as fear. In this case the Inspector dismissed the appeals as the proposals would lead to a significant fear of harmful effects on health from low frequency EMFs. Site specific issues in this case included the fact as identified by the Inspector that the repositioned substation would be in close proximity to an objector’s daughter bedroom. This was identified as a special concern to them because of a previous occurrence of a rare form of cancer. The Inspector identified in reaching this decision that the evidence presented suggests that there are no practicable means of restricting or limiting EMFs emitted by a substation and it was not obvious that there was a need to relocate the substation in order to redevelop the site.

9.141 In evaluation it is necessary to acknowledge that this application has been submitted with a full ES report that includes an assessment of projected EMF levels and confirms compliance with Government exposure limits as verified by independent consultee Public Health England. A condition is attached to the recommendation requiring compliance with these guidelines.

9.142 In terms of the level of fear around the effect on public health this is difficult to quantify, of the 32 representations received 28 raised the issue of effect on public health, real or psychological as a concern. This needs be considered in the context of the fact that over 9000 letters were sent notifying persons of the application. It is also to be considered that not all persons with a concern may respond to consultation notifications and also that consultation carried out by the local planning authority on the Site Allocation policy for the site and by the applicant may have had a positive or negative effect on the number of responses to this application consultation.

9.143 The fear of, and evidenced public health impacts are material planning considerations. The submission of evidence relating to the stimulant of this fear (EMF) is though also a material consideration when assessing the application. It is considered appropriate that the planning weight (in decision making) that can be attached to public health concerns and the fear of an effect, in relation to EMF is affected to a degree by the existence or not of information on EMFs produced. An assessment has been submitted with this application to show compliance with Government Guidelines.

Quality of Resulting Residential Accommodation

9.144 Islington Core Strategy policy CS12 identifies that to help achieve a good quality of life the residential space and design standards will be significantly increased from their current levels. Islington’s Development Management Policies will set out these in detail. The Islington Development Management Policies DM3.4 sets out the detail of these housing standards.

9.145 Unit Sizes All of the proposed residential units comply with and in many cases comfortably exceed the minimum unit sizes as expressed within this policy. The submitted sections of the unit show attainment of the minimum floor to ceiling height of 2.6 metres.

9.146 Aspect/Daylight Provision In terms of aspect of the 44 units only 6 can be considered to be truly dual aspect; these units though are all 3 bedroom units which would be suitable for family accommodation.

9.147 The substantive reason why so few of the units are dual aspect relates to a design constraint placed on the development of the site by the applicant for the need for security between the two uses/phases.

9.148 Policy DM3.4 part D sets out that ‘new residential units are required to provide dual aspect accommodation, unless exceptional circumstances can be demonstrated’. The policy then goes onto state that ‘for sites where dual aspect dwellings are demonstrated to be impossible or unfavourable, the design must demonstrate how a good level of natural ventilation and daylight will be provided for each habitable room’.

9.149 While many of the units fail to provide true dual aspect accommodation all of these units are provided with a second elevation facing onto the energy infrastructure site featuring glass blocks arranged in horizontal and vertical pattern across these two facades. These will provide some natural light into the interiors of the dwellings. Fourteen of the units are also provided with a recessed winter garden which sits within the footprint of the units. 9.150 The exceptional circumstances being put forward by the applicant in this case to justify this arrangement relate to the security requirements of the proposed energy infrastructure which can be seen in other elements of the design including the perimeter boundary wall. In relation to opening the applicant for security reasons has restricted the size of openings to 300mm2 which is the maximum size prescribed to prevent personnel access. This requirement is considered by the applicant to preclude the use of opening windows or the use of larger non-opening glazing units.

9.151 One additional factor in considering this matter is that for the 38 units that fail to be dual aspect, the primary elevation for 29 of these units faces due south. The solar path of the sun will mean that having a south facing elevation maximises the potential natural sunlight to these units.

9.152 The sunlight/daylight study submitted with the application assesses the provision to residential units and communal areas within the development itself. It shows that daylight and sunlight availability are satisfactory with most units being significantly above BRE targets. The areas that fall below the recommendations are in the central courtyard and a small percentage of rooms where the average daylight factor is not met.

9.153 Amenity Space Policy DM3.5 of the Development Management Policies Document 2013 within part A identifies that ‘all new residential development will be required to provide good quality private outdoor space in the form of gardens, balconies, roof terraces and/or glazed ventilated winter gardens’. The policy in part C then goes on to state that the minimum requirement for private outdoor space is 5sqm on upper floors for 1-2 person dwellings. For each additional occupant, an extra 1m2 is required on upper floors. A minimum amount of 30sqm is required for family housing which is three bedroom residential units and above.

Provided with private Not provided with private amenity space (Number amenity space of units)

1 Bedroom Units 2 14

2 Bedroom Units 21 0

3 Bedroom Units 7 0

Total 30* 14

* 6 of these units private amenity space to be secured by condition requiring shared terrace to be provided as private amenity space. (1x1 bed, 5x2 bed and 1x3 bedroom)

9.154 The amenity space where provided is either as balconies or winter gardens. In addition to the private amenity spaces a 63 sqm shared terrace is provided at third floor level which is accessible to the core of shared ownership/intermediate units including 2 of the 1 bedroom units which are not provided with amenity space. At third floor level within each of the private residential cores two external terraces are proposed. These would be affected in their size by condition which would convert part of these areas to private amenity space for adjoining unit. The remaining terraces would be accessible to units from the private cores, including six of the 1 bedroom units that are not provided with their own private amenity space. In summation six 1 bedroom units would not be provided with their own dedicated private amenity space or access to a communal terrace on upper floors.

9.155 The internal courtyard has also been designed as having an amenity function including the provision of play areas in close proximity to where the majority of the family units are proposed. This space would be accessible to a large number of units including the six 1 bedroom units identified above as not having access to communal amenity space on upper floors. A S106 clause and contribution has been agreed to invest in openspace in the surrounding area to mitigate impacts of users of the future development.

9.156 Overlooking/Privacy The layout of residential units and window placement effectively ensures that their would not be undue overlooking between proposed residential units. Residential units facing onto the internal courtyard considered to be the area which required closest attention in this regard. A distance of over 18 metres is though provided for direct views between windows and in other cases views are sufficiently oblique as to not raise a concern.

9.157 It is noted that views between residential units would be provided from balconies in this internal courtyard which would be direct and at distance closer than 18 metres. However it has not been considered that a condition for screening on these balconies is necessary given the negative design affect and the fact that the balconies would have some natural limitation in terms of the hours of likely use.

9.158 Refuse dedicated refuse and recycling facilities/chamber are provided for the residential uses. The location and capacity, and management of these facilities have been developed in consultation with the Council Street Environment department and is considered acceptable.

Dwelling Mix

9.159 The scheme proposes a total of 44 residential units with an overall mix comprised of:

Dwelling Social Policy Intermedi Policy DM Private Policy Type Rent (No. DM 9 ate (No. / 9 Target (No. / %) DM 9 / % HR) Target %) Mix Target Mix Mix

One 7 / 46.6% 0% 3 / 43% 65% 6 / 27% 10% Bedroom

Two 3 / 20.0% 20% 2 / 28.5% 35% 16 / 73% 75% Bedroom

Three 5 / 33.3% 30% 2 / 28.5% 20% 0 / 0% 15% Bedroom

Four 0 / 0% 50% 0 / 0% 0% 0 / 0% 0% Bedroom

TOTAL 15 7 22

9.160 Part E of policy CS12 of the Islington Core Strategy requires a range of unit sizes within each housing proposal to meet the needs in the borough, including maximising the proportion of family accommodation in both affordable and market housing. In the consideration of housing mix, regard has to be given to the constraints and locality of the site and the characteristics of the development.

9.161 The dwelling mix proposed does put forward a number of units which would be suitable for family accommodation. Officers in first review would be looking for a greater proportion of family sized housing within a residential development particularly the affordable housing tenure. This is however a site where relatively high density development is encouraged which due to the resulting characteristics of the development and site location lend itself less to family housing and more smaller unit sizes.

9.162 Also as acknowledged by Housing Officers the provision of smaller units, 1 and 2 bedroom within the affordable housing sector assists in providing housing and addressing affordability issues for those existing tenants within the borough affected by recent Government Welfare reforms. Supporting text policy DM9 within Development Management Policies DPD relates to this objective. ‘There may be proposals for affordable housing schemes that are being developed to address short term changes in need/demand as a result of specific interventions (for example, efforts to reduce under- occupation). In these situations deviation from the required policy housing size mix may be acceptable. In such cases registered providers will need to satisfy the council that the proposed housing size mix will address a specific affordable housing need/demand and result in an overall improvement in the utilisation of affordable housing units in Islington’.

9.163 Prior to the submission of the application the applicant amended the proposal to reduce the number of 1 bedroom units and increase the number of 2 bedroom units within the social rent tenure in response to officer comments. The further conversion of 1 bed room units into larger units was also investigated but was considered that this would be inappropriate given the lesser amenity that these units would have in terms of external space amenity space, limited aspect and outlook of the units and internal daylight provision across the units (at courtyard level).

9.164 It is also noted that a lower density of development or division of the site could result in a greater proportion of family housing in percentage terms however in real numbers it is questionable whether this will see a greater number of family units achieved on the site.

Affordable Housing and Financial Viability

9.165 The London Plan, under policy 3.11 identifies that boroughs within their LDF preparation should set an overall target for the amount of affordable housing provision needed over the plan period in their area and separate targets for social rented and intermediate housing and reflect the strategic priority for the provision of affordable family housing. Point f of this policy identifies that in setting affordable housing targets boroughs should take account of the viability of future development taking into account future resources as far as possible.

9.166 Policy CS12 of the Islington Core Strategy sets out the policy approach to affordable housing. Policy CS12G establishes that 50% of additional housing to be built in the borough over the plan period should be affordable and that provision of affordable housing will be sought through sources such as 100% affordable housing schemes by Registered Social Landlords and building affordable housing on Council’s own land. With an understanding of the financial matters that in part underpin development the policy states that the Council will seek the maximum reasonable amount of affordable housing, especially social rented housing, taking into account the overall borough wide strategic target. It is expected that many sites will deliver at least 50% of units as affordable subject to a financial viability assessment the availability of public subsidy and individual circumstances on the site.

9.167 Policy CS12 confirms that affordable housing tenure split of 70% social housing and 30% intermediate housing should be provided.

9.168 The Affordable Housing Offer The proposed development shall provide for a total of 44 residential units (both for private sale and affordable housing). Of the 44 units (130 hr) created, 22 units (70 hr) would comprise affordable housing. Affordable housing provision is typically calculated with reference to the number of habitable rooms provided and in this instance the scheme would deliver 54% affordable housing. The scheme provides 50% affordable housing if measured by units.

9.169 The affordable housing offer on this site in terms of the quantity and quality is considered to make a particularly positive contribution towards the housing needs of the borough.

9.170 In accordance with policy requirements a financial assessment has been submitted with the application to justify the provision of affordable housing. In order to thoroughly assess the financial viability assessment, the documents were passed to an independent assessor to scrutinise and review.

9.171 The applicant’s Viability Assessment identified that the housing led development proposed is unviable in a purely commercial sense having a relatively large shortfall (negative value) when comparing the development values to be achieved against the development costs.

9.172 The independent assessor has considered the information submitted and has agreed with the applicants overall findings that the scheme in a commercial viability sense would be unviable but to a significantly lesser degree, varies depending on assumptions around build costs.

9.173 It should be noted that these assessments are based on the applicant’s inclusion of a notional land value of £1. The incorporation of a higher land value which the site would reasonably have would immediately have a negative impact on the viability of the scheme.

9.174 Conclusion on Affordable Housing

9.175 In conclusion it is apparent that in a typical commercial sense the proposed scheme and level of affordable housing is unviable. It is noted though that this is based only on the development of a defined part of the site rather than the whole or greater portion of the site.

9.176 The applicant has come forward with this affordable housing offer from the perspective that a 50% provision would be necessary to ensure that the scheme holistically balances and delivers necessary regeneration, housing and infrastructure objectives for the site. 9.177 Officers would not consider that the balance between these objectives would have been achieved if the housing provision coming forward did not deliver this significant affordable housing provision (54% by habitable room) to address existing and future identified housing needs.

9.178 The applicant National Grid has confirmed that they are willing for the reasons of finding this appropriate balance, to accept a financial loss on the residential led scheme. If this view had not been taken officers would object to the principle and balance of the proposals and also suggest that an alternative division of the site (in land terms) between the residential led development and the energy infrastructure to secure a more viable housing scheme.

9.179 Considerable weight should be given to the 50% Affordable Housing offer put forward which would make a significant contribution towards to CS12 policy requirement for 50% of new housing built over the plan period being affordable.

Sustainability

9.180 The Islington Core Strategy (2011) policy CS10B requires all development to achieve the highest feasible level of a nationally recognised sustainable building standard. The scheme would reach Code for Sustainable Homes level 4 (residential) in line with policy.

9.181 The applicant has provided limited detail on the sustainable design and construction of the commercial/retail component of the scheme proposed under phase 2. It is considered that in line with policy these units shall attain BREEAM excellent standard and that this can be done for shell and core development of this type.

9.182 It is noted that phase 1 during operation (being largely self operational and unmanned) raises more limited sustainability considerations in that water and heating demands will be minimal.

9.183 London Plan policy 5.9 requires proposals to reduce potential for overheating to occur and reduce reliance on air conditioning. The design of the scheme includes deep window reveals and green roofs. Concern has been raised with regard to the absence of natural cross ventilation of the majority of the units which is a result of minimal number of dual aspect units. The applicant has identified that a whole house mechanical ventilation system which is a less preferable option in sustainability terms than a mixed mode system of mechanical and natural ventilation. Given the particular constraints the is considered to be acceptable in this particular instance.

9.184 London Plan 2011 policies 5.10 and 5.11 promote urban greening. The scheme provides for a green roof across an area of 782sq metres which is considered to make a strong contribution to these aims.

9.185 London Plan 2011 policy 5.13 considers development should utilise Sustainable Urban Drainage Systems (SUDS) unless practical reasons prevent this, and should aim for Greenfield runoff rates. Landscaping plans submitted show a commitment to permeable surfaces in external areas a condition is attached requiring further detail of this provision. 9.186 The application commitment to divert 90% of demolition and construction waste away from landfill is welcomed and exceeds current policy. Similarly the commitment to use A+ materials from the BRE Green Guide where feasible is supported.

9.187 Policy CS10D requires existing site ecology to be protected and developments to enhance biodiversity. The site in its current use has limited biodiversity value. The proposals are considered to acceptable in biodiversity terms and with consideration of Policy CS10G.

9.188 Conditions are recommended to:

 residential units to be constructed to achieve Code for Sustainable Homes Level 4;  Commercial/Retail Units to comply with relevant BREEAM excellent standard;  green / biodiverse roof;  water use target;  bird and bat boxes to be built into elevation of the building;  landscaping plan for details of external space including incorporation of soft landscaping, planting details, sustainable urban drainage and details on the schemes run off rate;  Compliance with Site Waste Management Plan.

Energy Efficiency and Renewable Energy

9.189 All development is required to demonstrate that it has minimised onsite carbon dioxide emissions by maximising energy efficiency, supplying energy efficiently and using onsite renewable energy generation (CS10). Developments to achieve a total (regulated and unregulated) CO2 emissions reduction of at least 30% relative to total emissions from a building which complies with Building Regulations 2010. Typically all remaining CO2 emissions to be offset through a financial contribution towards measures which reduce CO2 emissions from the existing building stock (CS10).

9.190 The scheme achieves a 27% reduction in total CO2 emissions versus an equivalent 2010 part L building regulations compliant scheme. The application has been designed and developed to offset the remaining carbon in what is seen as an innovative and extremely positive way. The substation in operation would produce spare heat and therefore it was identified the development could provide a heating system which adjoining and future development could benefit from.

9.191 The applicant would provide for an insulated pipe network and associated necessary infrastructure to provide heating to the residential led development to be constructed in phase 2 of the development and also the neighboring Montem Primary School. The heating provision to the Montem Primary school is secured by S106 clauses which includes a period of the heat being provided for free and then followed by a reduction from an equivalent market price. This is welcomed and necessary to incentivize the school taking up this heat supply option and the energy efficiencies and environmental benefits being delivered.

9.192 The Sustainable Design and Construction Statement feasibility study identifies that the heath supply could be expanded to meet other demands in the locality including potentially the Sobell Leisure Centre. It is considered necessary and reasonable that the development deliver a pipe network which could later be utilised to provide a wider heating system in the area to the sites boundary on Newington Barrow Way. The pipe infrastructure would obviously need to be capped off in this location for potential future connection.

9.193 This site is not located within an existing or planned district heating network. Policy DM3.7 of the Development Management Policies document identifies in part D that major development should develop to a Shared Heating Network linking neighbouring development and existing buildings, unless it can be demonstrated that this is not reasonably possible. The scheme fulfils the objectives of this policy. The supporting text to this policy recognises that in these instances where a Shared Heating Network is created reduction in CO2 shall be recognised in calculating the developments overall performance.

Highways and Transportation

9.194 The Site has an ‘Excellent’ Public Transport Accessibility Level (PTAL = 6a), and is located within a Controlled Parking Zone (CPZ). Transport for London is the Highways Authority for Seven Sisters Road which is a classified ‘Red Route’. Heather Close is according to record privately owned with traffic restrictions enforced by LBI. The section of Newington Barrow Way adjacent to the development site is owned by National Grid according to record

9.195 Bus stops are located directly outside the site on Seven Sisters Road.

9.196 Public Transport Implications. The site is considered suitable for residential and commercial development, being highly accessible. These locational and infrastructure qualities will naturally encourage the use of public transport modes of transport as opposed to encouraging the use of private less sustainable forms of transport.

9.197 The development would give rise to additional demands on transport infrastructure in terms of occupants, employees and visitors. It is considered given the development’s size and location it is fair and reasonable that it make a contribution towards transport infrastructure.

9.198 Servicing/Access The energy infrastructure site would be accessed in the long term (following the erection of phase 2) from a defined access from Newington Barrow Way. The site would not usually be staffed with the exception of maintenance once every two weeks with staff arriving by van. Infrastructure installed in the development on phase 1 would be able to enter the site directly from Seven Sisters Road given the absence of the development erected under phase 2. The transformers which would be of a considerable size and delivery vehicle would also access the site from this location. If a transformer is required to be removed or replaced in the future when phase 2 is under construction or completed access is required from Newington Barrow Way. Swept path analysis has been submitted to show that this is possible and the design and layout of buildings has been proposed to accommodate such an event.

9.199 Servicing of the residential and commercial development (phase 2 of the development) it proposed to utilise existing servicing/loading bays that exist in Seven Sisters Road adjacent to the site within the designated bus lane. The use of these bays is limited to 20 minutes but is not available for use (due to restrictions) between 7am-10am and 4pm and 7pm Monday to Saturday. These restrictions exist to ensure that the bus lane traffic flow is not impeded during these peak hours. While these servicing arrangements are considered to be beneficial for the commercial and residential development due to restriction it is considered additional servicing provision is required.

9.200 The applicant and Council engaged TfL as the highways authority in relation to the provision of a servicing bay within the pavement on Seven Sisters Road outside the development. This was considered feasible by officers on account of the width of the pavement and would not be subject to such time restrictions. TfL after careful consideration have not agreed to such a physical provision.

9.201 A condition is proposed to secure the provision of a loading/servicing bay on Newington Barrow Way which is under the applicant’s ownership. An extended footway is proposed in the location on the western side of the carriageway. A servicing bay which steps into this paved area would benefit the residential accommodation proposed in proximity to this location as well as the commercial ground floor uses. It is also considered that this bay could be used as a designated drop off area for persons with mobility impairments visiting the development in addition and outside the hours that the designated bays of Seven Sisters Road can provide this amenity. It is acknowledged that Newington Barrow Way may be required at very intermittent times for the removal of large infrastructure to and from the site and that the size of vehicle envisaged would need the carriageway to be clear and servicing bay parking to be temporary restricted.

9.202 The applicant has also identified that parking spaces in the internal courtyard would by prior arrangement be made available for use for serving and loading activities. Due to this being residential in character, having a dual amenity use and to avoid undue disturbance it is considered that this should only be for residential occupiers and not for the commercial uses. In addition it is considered that these spaces should only be available for use if the residential disabled parking spaces are not required and to a maximum of 1 space to avoid unduly compromising the amenity function of the space.

9.203 Overall and subject to compliance with conditions the servicing and loading arrangements are suitable.

9.204 Vehicle Parking Residential occupiers and persons connected with the commercial/retail operations and energy infrastructure would not be eligible to attain onstreet car parking spaces. The exceptions to this would be were accordance with the Council parking policy statement persons occupying the residential development are living in Council owned properties prior to moving in and have previously held a permit for a period of 12 months consecutive to the date of occupation of the new unit. In this case in the interests of reasonableness and not to deter movement within the borough of existing residents they will be able to transfer and attain a permit.

9.205 The development includes the provision of 5 disabled car parking spaces within the internal courtyard to be associated to the 5 wheelchair accessible units. A condition is attached to the recommendation prescribing this use and removing the ability to use this parking for general non essential accessibility needs. In line with comments of transport officers on the proposal there is a requirement that one of the bays is provided with an electric charging point to support more sustainable forms of private vehicle transport.

9.206 Cycle Parking The scheme shows the provision of a of 89 site cycle spaces at ground level across four separate enclosures. Nine of these spaces are provided for the commercial uses. The cycle parking is divided into 4 separate secure enclosures in close proximity to the 4 individual access cores. The provision accords with the cycling parking requirement of the Development Management Policies Submission Document.

9.207 Waste/Refuse The proposal includes the provision of individual refuse enclosures directly in front of each individual residential unit proposed. This arrangement of having individual refuse stores to each core is considered positive in terms of the residential amenity it provides. The Council Street Environment department have been consulted on the proposal and are satisfied that the refuse storage subject to compliance with agreed details would be acceptable and integrate with existing vehicle collection strategies in this area. A condition is attached which requires the facilities to be provided prior to the first occupation of the development.

9.208 No detail has been provided on the commercial floor space refuse arrangements. It is considered therefore that a condition is necessary which requires details to be submitted prior to the occupation of individual units.

9.209 Highways Safety Newington Barrow Way is not a publicly adopted highway being under the applicant’s ownership in the section outside the development. As identified above it is necessary for the carriageway, pavement and marked restrictions to be laid out to provide a loading bay. In addition and to not undermine borough wide parking policies it has been agreed by the applicant that traffic controls restricting any private parking on the carriageway would be laid out. The details of this are to be secured by condition (condition)

9.210 Further details are required of traffic calming measures to the internal courtyard to ensure appropriate safety in is place for the dual use of the internal courtyard as an amenity space and disabled parking facility.

Contaminated Land

9.211 The applicant has undertaken a desktop study in relation to contaminated land. The site given its previous use including a petrol station and other uses is considered to present a potential risk in relation to contaminated land which could affect (if unmitigated) workers at construction phase and occupiers of any future development.

9.212 The Council Environmental Health officer has reviewed the proposal and requested that a condition requiring a land contamination investigation is attached. This would require further onsite sampling and ground gas monitoring which would inform or trigger any necessary mitigation strategy/works.

Planning Obligations ,Community Infrastructure Levy and local finance considerations

9.213 The Community Infrastructure Levy (CIL) Regulations 2010, part 11 introduced the requirement that planning obligations under section 106 must meet three statutory tests, i.e. that they (i) necessary to make the development acceptable in planning terms, (ii) directly related to the development, and (iii) fairly and reasonably related in scale and kind to the development.

9.214 The proposed development generates a requirement for s106 contributions towards transport and public realm, sport and recreation, community facilities and public open space. 9.215 Further to the above, the applicant has agreed to other heads of terms including:

 Affordable Housing provision.  Obligation to secure delivery of phased development in its entirety.  Repair and re-instatement of footways and highways (subject to conditions surveys);  Delivery of 2 work placements during the construction phase of the development, lasting a minimum of 13 weeks;  Delivery of Shared Heating Network including provision to Montem Primary School.  Compliance with the Code of Local Procurement;  Compliance with the Code of Construction Practice, plus monitoring fee (£4,929);  Removal of Car Parking Permits  Green Performance Plan  Council’s legal fees in preparing the S106 and officer’s fees for the monitoring and implementation of the S106.

9.216 The obligation to secure delivery of a phased development is considered necessary in order to ensure that the scheme can be considered as a whole and is a deliverable development. Without such an obligation and security of delivery, the scheme could not be considered to deliver the aims of relevant policy including the Site Allocation policy (FP7).

9.217 Officer preference would be for the developments to be built together. An obligation framework has therefore been put together which requires the implementation and delivery of phase 2 of the development within 6 months of the operational date (following testing) of phase 1 infrastructure and its completion and be ready for occupation within a further 24 months from implementation of phase 2.

9.218 Another specific obligation relates to the provision of the Shared Heating Network utilising spare heat from the proposed energy infrastructure. The connection of this to the residential/commercial development on the same site would be secured by condition. There is also a requirement for pipe network infrastructure to be installed to the boundary of the site on Newington Barrow Way to enable future connection from other developments in the area to the heating network. This is also secured by condition.

9.219 A S106 obligation is required for the connection to the Montem Primary School adjacent to the site (to the west). This obligation ensures the provision of the necessary pipe network infrastructure to enable heat supply to the school and agreed principles in terms of pricing for a future heat supply agreement.

9.220 Under the terms of the Planning Act 2008 (as amended) and Community Infrastructure Levy Regulations 2010 (as amended), the Mayor of London's Community Infrastructure Levy (CIL) will be chargeable on this application on grant of planning permission. This will be calculated in accordance with the Mayor's adopted Community Infrastructure Levy Charging Schedule, 2012. CIL will be payable to the London Borough of Islington after the planning consent has been implemented and will be used by the Mayor of London to pay for Crossrail in accordance with CIL Regulations 2010 (as amended).

9.221 Affordable housing is subject to relief for CIL liability. It is for the developer/affordable housing provider to claim for “social housing relief” after the council has confirmed the chargeable amount in the Liability Notice. National Planning Policy Framework

9.222 The proposed development is considered to be a case where there are many competing aspects of the scheme with considerations that require balancing to arrive at a conclusion on the overall acceptability of the scheme.

9.223 Many but not all of the site constraints can be considered to relate to the provision of energy infrastructure on the site. However given the wording of the Site Allocation allocating the site as suitable for energy infrastructure and the planning merits of the scheme it is not considered reasonable to require removal of this constraint (energy infrastructure) from the proposals. Equally in assessing the merits of the scheme weight also has to be given to the various qualities and positive aspects as cited in the report.

9.224 In terms of areas highlighted as problematic in the report this includes the effect of the development on sunlight/daylight provision to 5 adjoining units and the effect of the perimeter boundary on Heather Close and Newington Barrow Way. These elements have all been subject to amendment to mitigate/reduce any impact.

9.225 In terms of the particularly positive aspects of the scheme this includes the delivery of a very strong and architecturally solid frontage to Seven Sisters Road which will help enliven in its appearance and provide active ground floor uses to this mixed use area. In addition the scheme delivers good quality and a mix of housing in terms of units, inclusivity and affordability to address pressing and indentified need. The delivery of a shared heating network is also considered particularly positive to provide efficient and affordable heating to the development itself and adjoining properties.

9.226 The scheme is considered to accord with the aims of the NPPF and to promote sustainable growth that balances the priorities of economic, social and environmental growth. The NPPF requires local planning authorities to boost significantly the supply of housing. The NPPF requires, in respect to infrastructure that account is taken by local planning authorities of the need for strategic infrastructure including nationally significant infrastructure within their areas. The guidance within the Site Allocation can be seen as a reflection of this requirement.

Other Matters

9.227 Concerns have been raised in relation to the phased nature of the development. An agreed S106 obligation has been included within the recommendation to ensure the delivery of phase 2. It is considered that the scheme would have benefited from being delivered together as opposed to being phased. This is in terms of the disturbance that neighbouring properties may experience from construction as well as the earlier provision of housing/employment and the bringing forward of the townscape benefits that phase 2 is considered to deliver for Seven Sisters Road.

9.228 This timing has been a matter of considerable discussion between officers and the applicant at pre-application stage. The applicant has put forward a justification as to why practically the site needs to be delivered in a phased approach. In evaluation given the agreement to the identified S106 obligation clause ensuring flexibility and the inherent flexibility that a developer has in any event when developing a site that this while regrettable is not a reason to justify refusal of the application,

9.229 Concerns have also been raised in relation to the absence of onsite operators/persons responsible for the energy infrastructure on the site on a day to day basis to satisfy security concerns. As confirmed in the application the substation will be unmanned for the majority of its life apart from occasional maintenance visits.

9.230 The design of the scheme as highlighted within this report includes design elements that reflect the security needs of the infrastructure. This includes the perimeter wall and the absence of open access points to the infrastructure from the residential and commercial elements of the scheme delivered in phase 2. Only authorised electricity company employees and their contractors would be permitted to enter substations.

9.231 Concerns were also raised in relation to the consultation carried out by the applicant prior to the submission of the application. The Council encourages applicants to engage with local communities prior to the submission of planning applications. This is a separate process to the statutory process of consultation carried out on the planning application by the Council. The form and extent of the pre-application consultation carried out by the applicant is not a material planning consideration in assessing the acceptability of the application.

9.232 The application has been submitted with a statement of community involvement identifying the consultation undertaken. From experience and in comparison to other schemes the work undertaken is significant. In terms of amending the scheme to respond to the comments raised by residents this is a decision for any applicant when submitting development proposals.

9.233 Concern has also been raised in responses received over the potential effect of the development on house prices in the area. This is not a material planning consideration on which the acceptability of a planning application can be assessed against.

10. SUMMARY AND CONCLUSION

Summary

10.1 There is freshly adopted site specific policy guidance and it is necessary to consider whether the proposed development complies with the objectives. It is considered that the development has, in terms of land uses delivered a quality mixed use development which provides, retail, employment and conventional residential accommodation, alongside electricity infrastructure in line with the objectives of the Site Allocation policy.

10.2 The energy infrastructure has on balance shown to be in both location and size, visually sensitive and be appropriately balanced against the regeneration and mixed used objectives for the site. The provision and delivery of 50% affordable housing is a key factor in achieving these objectives.

10.3 It is also considered that the application has demonstrated that the energy infrastructure would appropriately protect the amenity of existing and future occupants with regard to noise, air quality, pollution, land contamination and health as identified in the site allocation policy.

10.4 The proposal would deliver inclusive, market and a considerable amount of affordable housing to meet identified needs within the borough.

10.5 The proposed residential density is considered to be appropriate given the sites location, its context and the merits of the proposal. The dwelling mix which includes housing suitable for families is welcomed. 10.6 The development is considered to be of appropriate design quality. The buildings are considered to generally fit in well with their context in terms of their layout and building lines. The scale and massing and the overall design approach of the development is considered to have an acceptable impact on the character and appearance of adjoining areas and setting and/or landmark status of nearby listed buildings.

10.7 Subject to conditions and S106 agreement the resulting development is not considered to have an unacceptable impact on neighbouring residential amenity in terms of: noise and nuisance; loss of sunlight; daylight; privacy; or outlook.

10.8 The development provides for suitable habitats in the form of green roofs, landscaped communal central courtyard and subject to condition would protect existing adjacent trees. The development is considered to achieve a good standard of sustainability, provides for acceptable and extremely positive energy efficiency measures including the shared heating network.

10.9 Careful consideration has been given to the objections made regarding the development. However, the objections are not considered to outweigh the reasons for granting planning permission. The proposed development is subject to appropriate conditions and S106 clauses which seek to facilitate the development and mitigate its potential impacts.

Conclusion

10.10 It is recommended that planning permission be granted subject to conditions and s106 legal agreement heads of terms for the reasons and details as set out in Appendix 1 - RECOMMENDATIONS.

APPENDIX 1 – RECOMMENDATIONS

RECOMMENDATION A

That the Committee resolve to GRANT planning permission subject to any direction by The Secretary of State (SoS) to call in the application for determination by the SoS. Therefore, following the Council’s determination of the application, the application shall be referred to the Secretary of State (SoS) under the Town and Country Planning (Consultation) England Direction 2009. Pursuant to Section 77 of the Town and Country Planning Act 1990 the SoS can decide, within 21 days, whether to call in the application to determine it himself.

RECOMMENDATION B

That planning permission be granted subject to the prior completion of a Deed of Planning Obligation made under section 106 of the Town and Country Planning Act 1990 between the Council and all persons with an interest in the land (including mortgagees) in order to secure the following planning obligations to the satisfaction of the Head of Law and Public Services and the Service Director, Planning and Development / Head of Service – Development Management or in their absence the Deputy Head of Service:

1. Provision of 50% affordable housing, to be comprised of 70% social rented housing and 30% intermediate housing 2. Phasing agreement to secure delivery of scheme as a holistic development necessary for phased development. 3. A contribution of £96,459 towards transport and public realm improvement works within the vicinity of the site. 4. A contribution of £82,352 towards public open space improvement works within the vicinity of the site. 5. A contribution of £42,128 towards community facility improvement works within the vicinity of the site. 6. A contribution of £24,100 towards sport and recreation improvement works within the vicinity of the site. 7. A contribution of £5,390 towards end use employment and training at the development or for employment and training initiatives in the London Borough of Islington. 8. Delivery of Heat Network Infrastructure to Montem School in line with detailed obligation found below. 9. The repair and re-instatement of the footways and highways adjoining the development. The cost is to be confirmed by LBI Highways, paid for by the applicant and the work carried out by LBI Highways. Condition surveys may be required. 10. Compliance with the Code of Employment and Training. Facilitation of 2 work placements during the construction phase of the development, lasting a minimum of 13 weeks, or equivalent fee (£5,000 per placement) to be paid to LBI. Applicant to pay for trainee’s wages which should be at least the national minimum wage. LBI Construction Works Team to recruit for and monitor placements. 11. Compliance with the Code of Local Procurement. 12. Compliance with the Code of Construction Practice, including a monitoring fee (£4,929). 13. Removal of Rights to attain onstreet car parking permits subject to identified exceptions. 14. Submission of Green Performance Plan

That, should the Section 106 Deed of Planning Obligation not be completed within 16 weeks (for EIA development) from the date when the application was made valid, the Service Director Planning and Development / Head of Service – Development Management or in their absence the Deputy Head of Service may refuse the application on the grounds that the proposed development, in the absence of a Deed of Planning Obligation is not acceptable in planning terms.

ALTERNATIVELY should this application be refused (including refusals on the direction of The Secretary of State or The Mayor) and appealed to the Secretary of State, the Service Director Planning and Development / Head of Service – Development Management or in their absence the Deputy Head of Service be authorised to enter into a Deed of Planning Obligation under section 106 of the Town and Country Planning Act 1990 to secure to the heads of terms as set out in this report to Committee.

RECOMMENDATION C

That the grant of planning permission be subject to conditions to secure the following:

List of Conditions:

1 Commencement (Compliance) CONDITION: The development hereby permitted shall be begun not later than the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004 (Chapter 5). 2 Approved plans list (Compliance) CONDITION: The development hereby approved shall be carried out in accordance with the following approved plans:

13_NG_0450 Rev B; 13_NG_0451 Rev A; 13_NG_0452 Rev A; 13_NG_0453 Rev A; 13_NG_0454 Rev A; 13_NG_0455 Rev A; 13_NG_0460 Rev A; 13_NG_0461 Rev A; 13_NG_0462 Rev A; 13_NG_0401; 13_NG_0402; 13_NG_0403; 13_NG_0411; 13_NG_0412; 13_NG_0413; 13_NG_0414; 13_NG_0421; 13_NG_0422; 13_NG_0423; 13_NG_0424; 13_NG_0431; 13_NG_0432; 13_NG_0441; 13_NG_0446; 13_NG_0447; 13_NG_0449; (For Clarity NG Drawings Number as shown on approved drawings used).

Planning Statement; Statement of Community Involvement; Health Impact Assessment; Site Waste Management Plan; Transport Assessment; Sustainable Design and Construction Statement; Design And Access Statement, Financial Viability Assessment (Confidential); Environmental Statement Volume 1 Main Text; Environmental Statement Volume 2 Technical Appendices Part 1; Environmental Statement Volume 2 Technical Appendices Part 2; Environmental Statement Volume 3 Non-Technical Summary; Letter subject 107-129 Seven Sisters Road P2013/1262/FUL dated 21/06/13 from John Swanson, National Grid to Joe Wilson, LBI Planning Officer.

REASON: To comply with Section 70(1)(a) of the Town and Country Act 1990 as amended and the Reason for Grant and also for the avoidance of doubt and in the interest of proper planning. 3 Materials and Samples Phase 1 (Details) CONDITION: Details including drawings at a 1:5 scale and samples of all facing materials used in phase 1 of the development shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure work commencing on phase 1 of the development. The details and samples shall include but not be limited to the following:

a) Facing Cladding; b) Aluminium louvres and doors c) Aluminium framed windows d) demonstrate 10% materials to be used are derived from re-used or recycled content; and e) any other materials to be used.

The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

REASON: In the interest of securing sustainable development and to ensure that the resulting appearance and construction of the development is of a high standard.

4 Materials and Samples Phase 2 (Details) CONDITION: Details and samples of all facing materials used in phase 2 of the development shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure work commencing on phase 2 of the development. The details and samples shall include:

a) Aluminum window and door treatment (including sections and reveals, minimum reveal depth of 125mm to be provided); b) roofing materials; c) balcony/winter garden design and balustrading treatment (including sections) d) roof level structures and materials; e) glass blocks including sections and reveal depths; f) Shopfront surrounds. e) Demonstrate 10% materials to be used are derived from re-used or recycled content; and e) any other materials to be used.

The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

REASON: In the interest of securing sustainable development and to ensure that the resulting appearance and construction of the development is of a high standard.

5 Boundary Treatment Phase 1 (Details) CONDITION: Details including scale 1:5 drawings and samples of boundary treatment(s) in relation to phase 1 of the development site shall be submitted to the and approved in writing by the Local Planning Authority within 3 months of implementation of phase 1 of the development. The details shall include all walls, gates, footings, their design, appearance and materials and shall follow the principles in terms of appearance of the development outlined in the approved documents. The details and samples shall include:

a) London stock brickwork showing the colour, texture, facebond and pointing (Unless otherwise approved by the Local Planning Authority full London Stock bricks shall be used, bricks shall be laid in flemish bond and pointing shall be flush or slightly recessed.) b) Gates and railings; c) Etched Concrete Panels including details of Artistic Illustration: d) Perforated Aluminum and associated support structures e) any other materials to be used.

The boundary treatments shall be carried out strictly in accordance with the details so approved, installed/erected/operational prior to the operation of phase 1 of the development and shall be maintained as such thereafter.

REASON: To ensure that the resulting boundary treatment(s) is functional, attractive and secure and to protect the standard of residential accomodation.

6 Brickwork Sample Panel – Phase 2 (Details) CONDITION: Sample panels of proposed London stock brickwork to be used in phase 2 of the development showing the colour, texture, facebond and pointing shall be provided on site and approved in writing by the Local Planning Authority prior to any superstructure work commencing on phase 2 of the development.

The approved sample panels shall be retained on site until the works have been completed.

Unless otherwise approved by the Local Planning Authority full London Stock bricks shall be used, bricks shall be laid in flemish bond and pointing shall be flush or slightly recessed.

REASON: To ensure that the Authority may be satisfied with the external appearance of the buildings and protect surrounding heritage assets.

7 No Plumbing or Pipes (Compliance/Details) CONDITION: Notwithstanding the plans hereby approved, no plumbing, down pipes, rainwater pipes or foul pipes other than those shown on the approved plans shall be located to the external elevations of buildings hereby approved without obtaining express planning consent unless submitted to and approved in writing by the local planning authority as part of discharging this condition.

REASON: The Local Planning Authority considers that such plumbing and pipes would potentially detract from the appearance of the building and undermine the current assessment of the application.

8 Lighting - Phase 1 (Details) CONDTION Details of general/security lighting measures as part of phase 1 of the development shall be submitted to and approved in writing by the Local Planning Authority within 3 months of the implementation of phase 1 of the approved development. The details shall relate to: A) features built within the perimeter wall: and B) freestanding lights and structures; and C) other lighting fixtures within phase 1 of the development.

The details shall include the location and full specification of: all lamps; light levels/spill lamps and support structures where appropriate and hours of operation. The general lighting and security measures shall be carried out strictly in accordance with the details so approved, shall be installed prior to operation of phase 1 of the development and shall be maintained as such thereafter.

REASON: To ensure that the any resulting general or security lighting is appropriately located, designed to not adversely impact neighbouring residential amenity and is appropriate to the overall design of the building.

9 Lighting - Phase 2 (Details) CONDTION Details of general/security lighting measures as part of phase 2 of the development shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of phase 2 of the approved development.

The details shall include the location and full specification of: all lamps; light levels/spill lamps and support structures where appropriate and hours of operation. The general lighting and security measures shall be carried out strictly in accordance with the details so approved, shall be installed prior to occupation of phase 2 of the development and shall be maintained as such thereafter.

REASON: To ensure that the any resulting general or security lighting is appropriately located, designed do not adversely impact neighbouring residential amenity and are appropriate to the overall design of the building.

10 Code for Sustainable Homes Phase 2 (Compliance) CONDITION: The residential units hereby approved as part of phase 2 of the development shall achieve a Code of Sustainable Homes rating of no less than ‘Level 4’.

REASON: In the interest of addressing climate change and to secure sustainable development.

11 Green/Brown Biodiversity Roofs (Compliance) CONDITION: The biodiversity (green/brown) roof(s) shown across the development on plan numbers 13-NG-0455 Rev A; 13_NG_0431 and 13_NG_0421 shall be: a) biodiversity based with extensive substrate base (depth 80-150mm); b) laid out in accordance with plan SK(PL)04 hereby approved; and c) planted/seeded with a mix of species within the first planting season following the practical completion of the building works (the seed mix shall be focused on wildflower planting, and shall contain no more than a maximum of 25% sedum).

The biodiversity (green/brown) roof shall not be used as an amenity or sitting out space of any kind whatsoever and shall only be used in the case of essential maintenance or repair, or escape in case of emergency.

The biodiversity roof(s) shall be carried out strictly in accordance with the details specified, shall be laid out within 3 months of next available appropriate planting season after the construction of the building it is located on and shall be maintained as such thereafter.

REASON: To ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity.

12 Landscaping/Playspace/Disabled Parking/Traffic Calming Scheme - Phase 2 (Details) CONDITION: A scheme providing details for the communal courtyard of phase 2 of the development shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on phase 2 of the development. The scheme shall follow the principles of the detail hereby approved providing additional detail on the following aspects:

Landscaping details a) a biodiversity statement detailing how the landscaping scheme maximises biodiversity; b) proposed trees: their location, species and size; c) soft plantings: including grass and turf areas, shrub and herbaceous areas; d) proposed finished levels and countours. e) enclosures: including types, dimensions and treatments of walls, fences, screen walls, barriers, rails, retaining walls and hedges; f) hard landscaping: including ground surfaces, kerbs, edges, ridge and flexible pavings, unit paving, furniture, steps and if applicable synthetic surfaces; and g) any other landscaping feature(s) forming part of the scheme. h) demonstrate how the use of Sustainable Urban Drainage Systems have been incorporated to reduce surface water flows to a maximum of 50litres/second/hectare (calculated based on 1 in 100 year flood plus 30% allowance for climate change for the worst storm duration). i) how the design follows the SUDS ‘management train’, maximises source control, provides the relevant number of ‘treatment stages’ and identifies how the ‘first flush’ will be dealt with; j) provide a management and maintenance plan

Playspace k) Provision of playspace suitable and safe for use by children and taking into account in its design the proximity of residential occupiers. l) Details of management of the playspace.

Traffic Calming Measures m) Traffic Calming structures and management to ensure that vehicles entering and leaving the courtyard do not make this an unsafe location for playspace.

Disabled Parking n) Laying out of 5 disabled parking spaces.

The approved scheme hereby approved shall be completed prior to the occupation of phase 2 of the development .

The landscaping and tree planting shall have a two year maintenance / watering provision following planting and any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of completion of the development shall be replaced with the same species or an approved alternative to the satisfaction of the Local Planning Authority within the next planting season.

The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

REASON: In the interest of personal safety, residential amenity, inclusivity, biodiversity, sustainability, and to ensure that a satisfactory standard of visual amenity.

13 Tree Protection – Scaffolding - Phase 2 (Details) CONDITION: All scaffolding that is located within 2m of the crowns of established trees on Seven Sisters Road shall have a maximum working width / project no further than 1.2m from the buildings facia or elevation and the reduced width scaffolding shall be maintained for the period of the construction of the development.

The outer face of the scaffolding shall be covered in debris protective netting for the duration of the construction works.

Any glass, insulation, finishing, trims, cladding, facia panels etc that are not able to be positioned or affixed due to the reduced scaffolding width shall be craned / placed into position or affixed to the building at a later stage of construction or by other means not requiring and further pruning of the trees.

REASON: To protect the long term health and amenity of the trees of amenity and environmental value.

14 Refuse/Recycling Provided - Phase 2 (Compliance) CONDITION: The dedicated refuse / recycling enclosure(s) shown as part of phase 2 of the development on approved plans shall be provided prior to the first occupation of phase 2 of the development hereby approved and shall be maintained as such thereafter.

The refuse and recycling enclosures and waste shall be managed and carried out at all times in accordance with the details of the approved ‘waste management plan’.

REASON: To secure the necessary physical waste enclosures to support the development and to ensure that responsible waste management practices are adhered to.

15 Refuse/Recycling Commercial Units - Phase 2 (Detail) CONDITION: Prior to the occupation of each of the flexible commercial units approved within phase 2 of the development details of the facilities and management of waste including refuse / recycling for that unit shall be submitted to the Local Planning Authority and approved in writing and shall be maintained as such thereafter.

REASON: To secure the necessary physical waste enclosures to support the development and to ensure that responsible waste management practices are adhered to.

16 Land Contamination (Details) CONDITION: Prior to the commencement of development the following assessment in response to the NPPF and in accordance with CLR11 and BS10175:2011 shall be submitted to and approved in writing by the Local Planning Authority

a) A land contamination investigation.

Following the agreement to details relating to point a); details of the following works shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site:

b) A programme of any necessary remedial land contamination remediation works arising from the land contamination investigation.

The development shall be carried out strictly in accordance with the investigation and any scheme of remedial works so approved and no change therefrom shall take place without the prior written approval of the Local Planning Authority.

c)Following completion of measures identified in the approved remediation scheme a verification report, that demonstrates the effectiveness of the remediation carried out, must be produced which is subject to the approval in writing of the Local Planning Authority in accordance with part b).

REASON: To protect workers, occupiers and the environment from contamination risk.

17 Newington Barrow Way Footway (Details) CONDITION: Notwithstanding the approved drawings prior to the operation of phase 1 of the development the applicant shall submit details to the local planning authority and have these approved in writing in relation to the following:

a) Pavement/Carriageway Design to provide a designated loading/servicing/drop off (for disabled persons) bay for use by occupiers of phase 2 of the development. b) Details of parking restrictions to be laid out on the highway and to control the use of the loading/servicing bay and restrict parking on the carriageway. c) Management plan for enforcement of point a and b above.

Such works shall be carried out prior to the occupation of phase 2 of the development and shall be constructed and operated strictly in accordance with the details so approved, shall be maintained as such thereafter and no change therefrom shall take place without the prior written consent of the Local Planning Authority.

REASON: In the interests of inclusivity and residential amenity. To ensure that the resulting servicing arrangements are satisfactory in terms of their impact on highway safety and the free-flow of traffic. To address traffic congestion and promote the use of more sustainable forms of transport.

18 Cycle Parking Phase 2 (Compliance) CONDITION: The bicycle storage area(s) hereby approved, which shall be covered, secure and provide for no less than 89 bicycle spaces shall be provided prior to the first occupation of phase 2 of the development hereby approved and maintained as such thereafter.

REASON: To ensure adequate cycle parking is available and easily accessible on site and to promote sustainable modes of transport.

19 Footways / Perimeter Wall Set back - Phase 1 (Details) CONDITION: Notwithstanding the approved drawings a feasibility study and revised plans for the repositioning of the perimeter wall fronting on Heather Close and details of new and extended footways on Heather Close and Newington Barrow Way shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure work in relation to phase 1 of the development commencing on site.

The feasibility study shall look at amendments to the arrangement of structures and buildings within phase 1 of the development to allow the relocation of the boundary wall from its current position on Heather Close to a maximised appropriate distance to the south this would be to a similar linear arrangement to facilitate the provision of a pavement on the southern side of the Heather Close carriageway. The minimum distance of the set back of the boundary wall from its proposed location to be verified by the feasibility study.

The design and construction details of the footways shall be in accordance with the Islington Streetbook (2012), shall provide confirmation of materials used, drainage proposals and the relationship/impact of the footway construction and drainage proposals to existing retained trees.

The details hereby approved shall be carried out prior to the operation of phase 1 of the development and shall be maintained as such thereafter.

REASON: In the interests of personal safety, the character and appearance of the area, protecting residential amenities, to ensure that the new and extended footways are appropriate and meet the council’s design criteria.

20 Disabled Parking Bays - Phase 2 (Details) CONDITION: The five disabled parking bays hereby approved shall be constructed and available for use prior to the first occupation of the development and shall be appropriately line-marked and thereafter kept available for their intended use at all times. First preference in their occupation is required to be given to occupants of the hereby approved wheelchair accessible units within the overall restriction of only being for the use of eligible blue badge holders.

The bays shall not at any time be used for general parking purposes. In the absence of demand for a disabled parking bay the space may be utilised for amenity space connected to the courtyard playspace up until a need for disabled parking provision from occupiers of the development arises subject to at least 2 disabled parking bays being provided prior to occupation of the development and maintained at all times thereafter for that purpose.

At least 1 of the disabled parking bay shall be provided with an electric charging point provided prior to occupation.

In the absence of demand for a disabled parking bay the space may be utilized as a loading and servicing bay for the residential use or drop off bay for persons with mobility impairments living or visiting the residential element of the development up until a need for disabled parking provision from occupiers of the development arises.

REASON: To ensure that the design and construction of the five disabled parking bays are appropriate and meet with the council’s design criteria, furthermore that the new bays are designed to a suitable standard. In the interests of inclusivity.

21 TV reception Mitigation (Compliance) CONDITION : In accordance with the details hereby approved if during the construction and/or following the completion of the development there is a deterioration in TV reception (Satellite/Terrestrial) experienced by neighbouring residential properties reasonably attributable to the development the applicant is to implement mitigation measures as outlined within the submitted application or others as necessary to remediate deterioration to a reasonable level.

Mitigation measures if necessary shall be undertaken in a reasonable timeframe no longer than 3 months from deterioration being reported.

REASON: To ensure that the development does not adversely effect the amenities of surrounding occupiers.

22 Wheelchair Accessible Units Phase 2 (Compliance) CONDITION: The five (5) wheelchair accessible dwellings within phase 2 of the development as identified in the approved documents, shall be provided and fitted out prior to the first occupation of the development.

REASON: To secure provision of the appropriate number of wheelchair accessible units in a timely fashion and to: address the backlog of and current unmet accommodation needs; produce a sustainable mix of accommodation; and provide appropriate choices and housing opportunities for wheelchair users and their families.

23 Accessible Homes Standard - Phase 2 (Compliance) CONDITION: The residential dwellings hereby approved within phase 2 of the development, shall be constructed to the standards for flexible homes in Islington (‘Accessible Housing in Islington’ SPD) and incorporating all Lifetime Homes Standards.

REASON: To secure the provision of flexible, visitable and adaptable homes appropriate to diverse and changing needs.

24 Inclusive Design - Phase 2 (Compliance) CONDITION: The development shall be designed in accordance with the principles of Inclusive Design. To achieve this, the development shall provide the following in accordance with approved drawing 12075 PL_100 Rev B:

- For each access core the passenger lift serving the dwellings shall be installed and operational prior to the first occupation of residential dwellings accessible from that access core. - step free access to all accommodation and level thresholds to private gardens/terraces; and - mobility scooter storage areas and ancillary charging points within the development.

The development shall be constructed carried out strictly in accordance with the details so approved, shall be maintained as such thereafter.

REASON: In order to facilitate and promote inclusive and sustainable communities.

25 Fourth Floor Terraces - Phase 2 (Details) CONDITION: Notwithstanding the approved drawings revised details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of phase 2 of the development.

- Amended floor plans showing the re-division of the shared terraces as shown on approved drawing number 13_NG_0454 Rev A with each space to be divided into 3 spaces to provide private amenity space for the adjoining 2 bedroom units and retain a central shared terrace. Detail of means of partition and creation of direct access from the adjoining 2 bedroom units to the private terraces to be provided.

The approved details shall be carried out prior to the first occupation of residential units within the relevant access core to these terraces and shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

REASON: In the interests of providing a good standard of residential accommodation and protecting the visual amenity of the development and to prevent undue overlooking.

26 Sustainable Urban Drainage - Phase 1 (Details) CONDITION: Details of surface drainage works in the area of phase 1 of the development shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site in relation to phase 1 of the development. The details shall be based on an assessment of the potential for disposing of surface water by means of sustainable drainage system in accordance with the principles as set out in Development Management Policy DM 6.6. The submitted details shall:  demonstrate how the use of Sustainable Urban Drainage Systems have been incorporated to reduce surface water flows to a maximum of 50litres/second/hectare (calculated based on 1 in 100 year flood plus 30% allowance for climate change for the worst storm duration).  how the design follows the SUDS ‘management train’, maximises source control, provides the relevant number of ‘treatment stages’ and identifies how the ‘first flush’ will be dealt with;  provide information about how the measures taken maximise amenity and biodiversity benefits  provide a management and maintenance plan The sustainable urban drainage system shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

REASON: To ensure that sustainable management of water.

27 Bird Boxes - Phase 2 (Compliance) CONDITION: At least 8 nesting boxes / bricks shall be provided within phase 2 of the development, installed prior to the first occupation of the building to which they form part or the first use of the space in which they are contained and shall be maintained as such thereafter.

REASON: To ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity.

28 Privacy - Phase 2 (Details) CONDITION: Details of the means of privacy (visual screens/other design measures) for the splayed windows and roof level communal terrace within Phase 2 of the development shall be submitted to and approved in writing by the local planning authority prior to the commencement of phase 2 of the approved development.

Such details should as shown on the approved plans protect privacy and seek to minimise overlooking.

The screens hereby approved shall be installed prior to the first occupation of phase 2 of the development hereby approved and shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

REASON: To prevent undue overlooking of habitable room windows.

29 Secure entrance systems and post boxes Phase 2 (Details) CONDITION: Details of security features relating to each of the communal residential entrance(s) forming part of phase 2 of the development shall be submitted to and approved in writing by the Local Planning Authority prior to works commencing on phase 2 of the development. The security details shall relate to:

a) location, access and design of post-boxes, which should be external (unless otherwise agreed with the Local Planning Authority); and b) design, location and details of entry systems

The development shall be carried out strictly in accordance with the details so approved and maintained as such thereafter. The agreed security features shall be installed prior to the first occupation of the residential component of the development.

REASON: To ensure that the security details relating to the residential communal entrances are appropriate and adequately secure of phase 2 of the development.

30 Energy Strategy - Phase 2 (Compliance or Details) CONDITION: The energy measures (energy efficient fabric, CHP (including heat connection and provision from energy infrastructure to residential led developmetn built in phase 2) and solar PV) to the which shall together provide for no less than a 27% on-site total C02 reduction in comparison with total emissions from a building which complies with Building Regulations 2010 as detailed within the Sustainable Design and Construction Statement shall be installed and operational prior to the first occupation of the development.

Should, following further assessment, the approved energy measures be found to be no-longer suitable:

a) A revised Energy Strategy, which shall provide for no less than a 30% on-site total C02 reduction in comparison with total emissions from a building which complies with Building Regulations 2010, shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. This shall include details of how phase 1 heat waste will be connected to and utilised for heating of phase 2 of the development.

The final agreed scheme shall be installed and operation prior to the first occupation of the development.

The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

REASON: In the interest of sustainable development and to ensure that the Local Planning Authority may be satisfied that the C02 emission reduction targets are met.

31 Future Connection Phase 1 (Compliance) CONDITION: Details of how the substation and associated infrastructure shall be designed to allow for the future connection to any neighbouring heating and cooling network (in addition to neighbouring school connection secured by S106 agreement) and incorporating a capped off pipe network and infrastructure onto Newington Barrow Way or other agreed location shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site phase 1 of the development.

The agreed scheme shall be installed prior to the operation of phase 1 of the development hereby approved. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

REASON: To ensure the facility is provided appropriately and so that it is designed in a manner which allows for the future connection to a district system.

32 BREEAM Flexible Commercial Units - Phase 2 (Compliance) CONDITION: The four approved commercial units at ground floor level within phase 2 of the development shall achieve a relevant BREEAM (2001) rating to the implemented use of no less than ‘Excellent’.

REASON: In the interest of addressing climate change and to secure sustainable development.

33 Construction Environmental Management Plan (CEMP) (Details) CONDITION: A Construction Environmental Management Plan (CEMP) assessing the environmental impacts for each phase of the development (including (but not limited to) noise, air quality including dust, smoke and odour, vibration and TV reception) during the construction of the development shall be submitted to and approved in writing by the Local Planning Authority prior to any works commencing on the relevant phase of the development:

a) Phase 1 b) Phase 2

The CEMP shall assess impacts during the construction phase of the development on nearby residents and other occupiers together with means of mitigating any identified impacts.

Construction hours shall comply with LBI standards of 08:00-18:00 weekdays and 08:00 until 13:00 on Saturdays

The development shall be carried out strictly in accordance with the details so approved and no change therefrom shall take place without the prior written consent of the Local Planning Authority.

REASON: To protect the residential amenity of surrounding occupiers.

34 Plant Noise Levels - Phase 1 (Compliance) CONDITION : The design and installation of new items of fixed plant shall be such that when operating the cumulative noise level LAeq Tr arising from the proposed plant, measured or predicted at 1m from the facade of the nearest noise sensitive premises, shall be a rating level of at least 5dB(A) below the background noise level LAF90 Tbg. The measurement and/or prediction of the noise should be carried out in accordance with the methodology contained within BS 4142: 1997

REASON: To protect neighbouring residential amenity.

35 Emergency Plant and Equipment - Phase 1 (Details) CONDITION: Prior to the operation of phase 1 a written code for the management of noise from emergency plant and equipment shall be submitted to and approved in writing by the Local Planning Authority.

The code hereby approved shall be fully implemented and operated at all times in accordance with the approved details. The management code shall identify measures to reduce the impact of the noise on the community.

The Management code shall include measures to address the following matters: 1. The testing of equipment not to take place between the hours of 1800 and 0800 on any day, and not at any time on Sundays, Bank Holidays or after 1300 on a Saturday. 2. The duration of the testing to be commensurate with the test requirements and not to exceed one hour. 3. A list of potential residential receptors to be drawn up and those receptors to be given advance written notification of the time and date of the test. 4. The acoustic design and control of the fixed plant and equipment to meet a criterion of a rating level, measured or calculated at 1m from the façade of the nearest noise sensitive premises, of not more than 5dB(A) above the existing background noise level (LA90). The rating level to be determined as per the guidance provided in BS4142:1997. 5. A report to be commissioned by the applicant, using an appropriately experienced & competent person, to assess the noise from the plant and machinery. The report is to be submitted to, and approved in writing by the Local Planning Authority, and any noise mitigation measures shall be installed before the commencement of the use hereby permitted and permanently retained thereafter."

REASON : To protect neighbouring residential amenity.

36 Noise Levels - Phase 2 (Details) CONDITION : A noise assessment and a scheme for sound insulation and noise control measures shall be submitted to and approved in writing by; and implemented to the satisfaction of the Local Planning Authority prior to the occupation of residential units within phase 2 of the development hereby approved. The sound insulation and noise control measures shall achieve the following internal noise targets:

Bedrooms (23.00-07.00 hrs) 30 dB LAeq, and 45 dB Lmax (fast) Living Rooms (07.00-23.00 hrs) 35 dB LAeq, Kitchens, bathrooms, WC compartments and utility rooms (07.00 –23.00 hrs) 45 dB LAeq

The sound insulation and noise control measures shall be carried out strictly in accordance with the details so approved, shall be maintained as such thereafter.

REASON : To ensure that an appropriate standard of residential accommodation is provided.

37 Sound Insulation Between Uses - Phase 2 (Details) CONDITION : Full particulars and details of a scheme for sound insulation between the proposed commercial and residential use of the building shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of units within phase 2 of the approved development.

The sound insulation and noise control measures shall be carried out strictly in accordance with the details so approved, shall be implemented prior to the first occupation of phase 2 of the development hereby approved, shall be maintained as such thereafter and no change therefrom shall take place without the prior written consent of the Local Planning Authority.

REASON : To ensure an appropriate standard of residential accommodation is provided.

38 Flexible Uses Hours of Operation - Phase 2 (Details) CONDITION: Prior to the occupation of any of the 4 flexible commercial units hereby approved at ground floor level within phase 2 of the development details of proposed hours of operation for the particularly unit shall be submitted to and approved by the Local Planning Authority.

Details hereby approved shall be accorded with at all times thereafter.

REASON : To protect neighbouring residential amenities.

39 Flexible Uses no more than 2 or 4 units occupied for D1 or A4 use - Phase 2 (Compliance) CONDITION : Notwithstanding the approved plans following the commencement of development at any one time no more than two of the four approved units shall be occupied for class D1 or A4 operations with the constraint that A4 operations can only occur in the identified single unit for which permission is granted as identified within the approved drawings.

This shall ensure that at least two of the four units are provided for operations within the class B1, A1 and A2 use classes in accordance with the employment and retail objectives for the site but retains flexibility with regard to the arrangement of uses in the commercial units.

REASON : To ensure that the scheme is policy compliant and deliver retail and employment objectives.

40 Flexible Uses Plant – Phase 2 (Compliance) CONDITION: Should the flexible commercial units on occupation seek additional flues/extraction/plant, details of proposed flues / extraction systems for the units shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the unit to which they relate.

The plant is required to comply with condition 37 of this planning permission in relation to noise levels.

The filter systems of the approved flue / extraction units shall be regularly maintained and cleaned; and any filters and parts requiring cleaning or replacement shall be easily accessible.

The flues/extraction systems shall be carried out strictly in accordance with the details so approved, installed and operational prior to the first occupation of the commercial units to which they relate and maintained as such thereafter.

REASON: In the interest of protecting future residential amenity and the appearance of the resulting building(s).

41 Compliance with EMF Guidelines – Phase 1 (Compliance) CONDITION : In accordance with the details submitted the any electric and magnetic fields produced from the energy infrastructure hereby approved shall at all times cumulatively not exceed and be within the public exposure limits identified within the National Policy Statement EN-5, Code of Practice ‘Power Lines: Demonstrating compliance with EMF public exposure guidelines – a voluntary code of practice’ and Code of Practice ‘Optimum Phasing of high voltage double-circuit Power Lines’.

Compliance is required with the details submitted in relation to the design, specifications, technical design, etc of energy infrastructure equipment and Electric Magnetic Fields specified within the following approved documents;

‘Environmental Statement Volume 1 Main Text; Environmental Statement Volume 2 Technical Appendices Part 1; Environmental Statement Volume 2 Technical Appendices Part 2; Environmental Statement Volume 3 Non-Technical Summary; Letter subject 107-129 Seven Sisters Road P2013/1262/FUL dated 21/06/13 from John Swanson, National Grid to Joe Wilson, LBI Planning Officer.’

REASON : In the interests of public health and to ensure that the development is delivered in accordance with the details submitted for assessment.

42 Archaeology – (Details) CONDITION: No development shall take place on site unless and until the applicant has secured the implementation of a programme of archaeological mitigation in accordance with a Written Scheme of Investigation which has been submitted by the applicant and approved by the Local Planning Authority.

No development or demolition shall take place other than in accordance with the Written Scheme of Investigation approved. The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the approved Written Scheme of Investigation, and the provision made for analysis, publication and dissemination of the results and archive deposition has been secured.

REASON: Heritage assets of archaeological interest may survive on the site. The planning authority wishes to secure the provision of archaeological investigation and the subsequent recording of the remains prior to development.

43 Construction site appearance details (Details) CONDITION: Details of boundary treatments including hoardings for phase 1 of the development and phase 2 of the development shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of each respective phase.

Works shall be carried out in accordance with details hereby approved and shall be maintained at all times thereafter.

REASON : To protect the visual amenity and ensure the safety of the surrounding area.

44 No Place of Worship – Phase 2 (Compliance) CONDITION: The D1 (non-residential institutions) floorspace shall be strictly limited to uses within Use Class D1(a - g). No planning permission is hereby granted for purposes within Use Class D1(h) – place of worship – of the Schedule to the Town and Country Planning (Use Class) Order 1987 as amended 2005 (or the equivalent use within any amended/updated subsequent Order).

REASON: It is considered that the operation of an unfettered place of worship in this location may have impacts, which should be subject of public consultation and a full planning application

45 No amalgamation / subdivision – Phase 2 (Compliance) CONDITION: The 4 ground floor commercial units hereby approved within phase 2 of the development shall be laid out / divided as shown on the approved drawings and shall not be amalgamated or further subdivided.

REASON: The consideration of the acceptability of the units was based on the proposed size of units as shown on the approved plans; the amalgamation or further subdivision of the units is likely to have operational, transportation, security and amenity implications, which should be the subject of consultation and a full planning application.

List of Informatives:

1 S106 SECTION 106 AGREEMENT You are advised that this permission has been granted subject to a legal agreement under Section 106 of the Town and Country Planning Act 1990.

2 Superstructure DEFINITION OF ‘SUPERSTRUCTURE’ AND ‘PRACTICAL COMPLETION’ A number of conditions attached to this permission have the time restrictions ‘prior to superstructure works commencing on site’ and/or ‘following practical completion’. The council considers the definition of ‘superstructure’ as having its normal or dictionary meaning, which is: the part of a building above its foundations. The council considers the definition of ‘practical completion’ to be: when the work reaches a state of readiness for use or occupation even though there may be outstanding works/matters to be carried out.

3 Community Infrastructure Levy (CIL) (Granting Consent) INFORMATIVE: Under the terms of the Planning Act 2008 (as amended) and Community Infrastructure Levy Regulations 2010 (as amended), this development is liable to pay the Mayor of London's Community Infrastructure Levy (CIL). This will be calculated in accordance with the Mayor of London's CIL Charging Schedule 2012. One of the development parties must now assume liability to pay CIL by submitting an Assumption of Liability Notice to the Council at [email protected]. The Council will then issue a Liability Notice setting out the amount of CIL that is payable.

Failure to submit a valid Assumption of Liability Notice and Commencement Notice prior to commencement of the development may result in surcharges being imposed. The above forms can be found on the planning portal at: www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil

Pre-Commencement Conditions: These conditions are identified with an ‘asterix’ * in front of the short description. These conditions are important from a CIL liability perspective as a scheme will not become CIL liable until all of these indentified pre-commencement conditions have been discharged.

4 Phase Definition The areas of Phase 1 and Phase 2 of the development are shown on approved drawing number 13_NG_0449 titled Phasing Diagram.

Phase 1 provides a National Grid electricity substation and associated infrastructure incouding switchgear building, headhouse services building, ancillary services building, perimter boundary and other associated works.

Phase 2 provides 44 residential units and 4 commercial units (flexible permission sought for planning use classes A1 retail, A2 financial and professional services, B1 office, D1 non-residential institutions and A4 (1 unit only) drinking establishments) within a separate (maximum of) five storey building as well as other assoicated works.

5 Roller Shutters ROLLER SHUTTERS The scheme hereby approved does not suggest the installation of external rollershutters to any entrances or ground floor glazed shopfronts. The applicant is advised that the council would consider the installation of external rollershutters to be a material alteration to the scheme and therefore constitute development. Should external rollershutters be proposed a new planning application must be submitted for the council’s formal consideration.

APPENDIX 2 : RELEVANT POLICIES

This appendices list all relevant development plan polices and guidance notes pertinent to the determination of this planning application.

1 National Guidance

The National Planning Policy Framework 2012 seeks to secure positive growth in a way that effectively balances economic, environmental and social progress for this and future generations. The NPPF is a material consideration and has been taken into account as part of the assessment of these proposals.

2. Development Plan

The Development Plan in respect to this application is comprised of the London Plan 2011, Islington Core Strategy 2011, Development Management Policies Document 2013 and Site Allocation Document 2013. The following policies of the Development Plan are considered relevant to this application:

A) The London Plan 2011 - Spatial Development Strategy for Greater London

1 Context and strategy 5 London’s response to climate change Policy 1.1 Delivering the strategic vision Policy 5.1 Climate change mitigation and objectives for London Policy 5.2 Minimising carbon dioxide emissions 2 London’s places Policy 5.3 Sustainable design and Policy 2.1 London in its global, European construction and United Kingdom context Policy 5.5 Decentralised energy networks Policy 2.2 London and the wider Policy 5.6 Decentralised energy in metropolitan area development proposals Policy 2.14 Areas for regeneration Policy 5.7 Renewable energy Policy 2.15 Town centres Policy 5.8 Innovative energy technologies Policy 5.9 Overheating and cooling 3 London’s people Policy 5.10 Urban greening Policy 3.1 Ensuring equal life chances Policy 5.11 Green roofs and development for all site environs Policy 3.2 Improving health and Policy 5.12 Flood risk management addressing health inequalities Policy 5.13 Sustainable drainage Policy 3.3 Increasing housing supply Policy 5.14 Water quality and wastewater Policy 3.4 Optimising housing potential infrastructure Policy 3.5 Quality and design of housing Policy 5.15 Water use and supplies developments Policy 5.16 Waste self-sufficiency Policy 3.6 Children and young people’s Policy 5.17 Waste capacity play and informal recreation facilities Policy 5.18 Construction, excavation and Policy 3.7 Large residential demolition waste developments Policy 5.19 Hazardous waste Policy 3.8 Housing choice Policy 5.20 Aggregates Policy 3.9 Mixed and balanced Policy 5.21 Contaminated land communities Policy 5.22 Hazardous substances and Policy 3.10 Definition of affordable installations housing 6 London’s transport Policy 3.11 Affordable housing targets Policy 6.1 Strategic approach Policy 3.12 Negotiating affordable Policy 6.2 Providing public transport housing on individual private residential capacity and safeguarding land for and mixed use schemes transport Policy 3.13 Affordable housing Policy 6.3 Assessing effects of thresholds development on transport capacity Policy 3.15 Coordination of housing Policy 6.4 Enhancing London’s transport development and investment connectivity Policy 3.16 Protection and enhancement Policy 6.5 Funding Crossrail and other of social infrastructure strategically important transport Policy 3.17 Health and social care infrastructure facilities Policy 6.6 Aviation Policy 3.18 Education facilities Policy 6.7 Better streets and surface Policy 3.19 Sports facilities transport Policy 6.8 Coaches 4 London’s economy Policy 6.9 Cycling Policy 4.1 Developing London’s Policy 6.10 Walking economy Policy 6.11 Smoothing traffic flow and Policy 4.2 Offices tackling congestion Policy 4.3 Mixed use development and Policy 6.12 Road network capacity offices Policy 6.13 Parking Policy 4.4 Managing industrial land and premises 7 London’s living places and spaces Policy 4.6 Support for and enhancement Policy 7.1 Building London’s of arts, culture, sport and entertainment neighbourhoods and communities provision Policy 7.2 An inclusive environment Policy 4.7 Retail and town centre Policy 7.3 Designing out crime development Policy 7.4 Local character Policy 4.8 Supporting a successful and Policy 7.5 Public realm diverse retail sector Policy 7.6 Architecture Policy 4.9 Small shops Policy 7.7 Location and design of tall and Policy 4.10 New and emerging economic large buildings sectors Policy 7.8 Heritage assets and Policy 4.11 Encouraging a connected archaeology economy Policy 7.13 Safety, security and resilience Policy 4.12 Improving opportunities for to emergency all Policy 7.14 Improving air quality Policy 7.15 Reducing noise and enhancing soundscapes Policy 7.16 Green Belt Policy 7.18 Protecting local open space and addressing local deficiency Policy 7.19 Biodiversity and access to nature Policy 7.21 Trees and woodlands Policy 7.22 Land for food

8 Implementation, monitoring and review Policy 8.1 Implementation Policy 8.2 Planning obligations Policy 8.3 Community infrastructure levy Policy 8.4 Monitoring and review for London

B) Islington Core Strategy 2011

Spatial Strategy Policy CS14 (Retail and Services) Policy CS2 (Finsbury Park) Policy CS15 (Open Space and Green Policy CS8 (Enhancing Islington’s Infrastructure) Character) Policy CS16 (Play Space) Policy CS17 (Sports and Recreation Strategic Policies Provision) Policy CS9 (Protecting and Enhancing Islington’s Built and Historic Environment) Infrastructure and Implementation Policy CS10 (Sustainable Design) Policy CS18 (Delivery and Infrastructure) Policy CS11 (Waste) Policy CS19 (Health Impact Policy CS12 (Meeting the Housing Assessments) Challenge) Policy CS20 (Partnership Working) Policy CS13 (Employment Spaces)

C) Development Management Policies Document (2013)

Design and Heritage Health and open space DM2.1 Design DM6.1 Healthy development DM2.2 Inclusive Design DM6.2 New and improved public open DM2.3 Heritage space DM6.3 Protecting open space Housing DM6.4 Sport and recreation DM3.1 Mix of housing sizes DM6.5 Landscaping, trees and DM3.4 Housing standards biodiversity DM3.5 Private outdoor space DM6.6 Flood prevention DM3.6 Play space DM3.7 Noise and vibration (residential Energy and Environmental Standards uses) DM7.1 Sustainable design and construction statements Shops, culture and services DM7.2 Energy efficiency and carbon DM4.1 Maintaining and promoting reduction in minor schemes small and independent shops DM7.3 Decentralised energy networks DM4.2 Entertainment and the night- DM7.4 Sustainable design standards time economy DM7.5 Heating and cooling DM4.3Location and concentration of uses Transport DM4.4 Promoting Islington’s Town DM8.1 Movement hierarchy Centres DM8.2 Managing transport impacts DM4.6 Local shopping Areas DM8.3 Public transport DM4.8 Shopfronts DM8.4 Walking and cycling DM4.9 Markets and specialist shopping DM8.5 Vehicle parking areas DM8.6 Delivery and servicing for new DM4.10 Public houses developments DM4.12 Social and strategic infrastructure and cultural facilities Infrastructure DM9.1 Infrastructure Employment DM9.2 Planning obligations DM5.1 New business floorspace DM9.3 Implementation DM5.2 Loss of existing business floorspace

D) Site Allocations Document (2013)

Site FP7 : 107 – 129 Seven Sisters Road

5 Designations

The site has the following designations under the London Plan 2011 and Islington Unitary Development Plan (2002):

- Site Allocation FP7 Site Allocations - Finsbury Park Key Spatial Area Islington Development Plan Document. Core Strategy Policy CS2. - Seven Sisters Local Shopping Area - Employment Growth Area Development Development Management Policies Management Policies

7. Supplementary Planning Guidance (SPG) / Document (SPD)

The following SPG’s and/or SPD’s are relevant:

Islington UDP London Plan - Accessible Housing in Islington - Accessible London: Achieving and - Car Free Housing Inclusive Environment - Green Construction - Housing - Inclusive Landscape Design - Sustainable Design & Construction - Planning Standards Guidelines - Providing for Children and Young - Planning Obligations and S106 Peoples Play and Informal Recreation - Urban Design Guide - Planning for Equality and Diversity in London