Planning Service Public Protection Division Environment and Regeneration PO Box 3333 222 Upper Street London N1 1YA
PLANNING COMMITTEE AGENDA ITEM NO: DATE: 29th July 2010 Non-Exempt
Site Address: 2, 4 & 4A, Tufnell Park Road and rear of Odeon Cinema, 419 Holloway Road, Islington, London, N7 Application number P100956 Demolition of existing buildings on the site fronting onto Tufnell Park Road and replacement with the erection of a five storey building with basement (block A) and six storey building with basement (block B) to provide 31 Proposal residential flats and 538 m² floorspace (B1/A1/A2/ specified D1) floor space together with the provision of cycle provision, refuse, servicing, parking, associated outdoor amenity space/landscaping and other associated works and alterations.
RECOMMENDATION
That the Committee resolve to GRANT planning permission as set out in Appendix 1.
INTRODUCTION
Site
1. The application site is an imperfect triangular shape, covering an area of approximately 0.14ha (1,400 sqm) located at the northern end of Tufnell Park Road in close proximity to the junction with Holloway Road (A1). The site has one street frontage, namely Tufnell Park Road to the south. For ease of reference the application site described above and shown within the Appendix ‘Site Location Plan’ shall hereafter be referred to as the ‘site’.
2. The site currently consists of three main elements, 2 buildings and a car parking area. The most prominent is the 2 storey rectangular building known as 2-4 Tufnell Park Road which was formerly used as offices being last occupied as the Area Housing Office for Homes for Islington. This building is located centrally on the site. To the west and attached to that building is number 4a Tufnell Park Road which is a single storey building last occupied as a vehicle repair shop/garage. This building currently has an independent access and crossover from Tufnell Park Road. To the east of the site and separated by a brick built wall located north to south across the site is an area of land which is currently in use as a surface parking area providing 22 car parking spaces. The buildings on the site are currently vacant, the car parking facilities are well used.
3. One prominent mature horse chestnut tree is located on the site in close proximity to the footway and crossover from Number 2-4 with Tufnell Park Road. Another is located in extremely close proximity to the site within the garden of number 6 Tufnell Park Road adjoining the western part of the site. Located on the footway in front of the site is a street tree of much smaller stature.
4. The buildings on the site are not located within a conservation area, the land which is currently used as a car park area in the western section of the site is located within the conservation area. The site is surrounded to the south and east by the Mercers Road/Tavistock Terrace Conservation Area.
5. The majority of the site is also within the Nags Head Town Centre area. The site has a Public Transport Accessibility Level (PTAL) rating of 4/5.
6. The existing building on the site are not statutory listed.
Surroundings
7. To the north of the site is a 5 storey converted warehouse building known as 433 Holloway Road, this building is currently in use as offices and flats.
8. To the east of the site is the adjacent Grade II listed Odeon Cinema building which forms prominent landmark in the area on the junction of Tufnell Park Road and Holloway Road. This Grade II listed building consists of different elements, on the Tufnell Road elevation this includes a larger tower section, rectangular in plan, on the corner of Holloway Road and faced with a faience detailing. A lower wing to the tower also faced with faience detailing on Tufnell Park Road, and finally a main auditorium brick block building adjoining the site.
9. To the south of the site on the opposite side of Tufnell Park Road is a terrace of Grade II listed properties consisting of Victorian villas and infills. These properties are predominantly 2 storeys in height. To the west of the site is a row of detached, paired properties of 3 storeys in height.
10. In the wider context the site is located in close proximity to the junction of Tufnell Park Road and Holloway Road. Holloway Road is one of London’s major arterial Roads and is a busy commercial area designated as a Town Centre within the Islington UDP 2002. To the west of the site along Tufnell Park Road are the housing blocks of Hollins House and McCall House (5 storeys) and further tot the west Margery Fry Court (5-7 storeys).
Proposal
11. The proposal is for the complete demolition of the existing buildings on the site and the erection of 2 new buildings providing 31 residential dwellings, approximately 538 square metres of flexible floorspace and underground car parking and cycle parking facilities.
12. The proposed buildings which will front onto Tufnell Park Road consists of 2 blocks referred to as Block A and Block B. Block A is a 5 storey building featuring a part set back at 4th storey level and a set back across the whole of the 5th storey level. Block B is a larger building of 6 storeys in total featuring a part set back at 4th floor level on its western section and a set back storey at 5th floor level.
13. The external elevations of the building can be divided into 3 main elements. At ground floor level within Block B is a recessed mainly glazed frontage which provides the shopfront to the commercial activities proposed at this level. Above this within Block B and from ground level within Block A are the main facades which comprise of an acrylic render and a pre oxidised copper material. The proposed set back elements towards roof level of the proposed buildings consist of a lateral arrangement of hardwood screening surrounding glazing. Included within the design is the installation of a living green wall to be located from ground to 5 storey level on part of the eastern elevation of block B facing onto the Odeon Cinema building.
14. The proposed development includes excavation works to provide a lower ground/basement level which will be located across the footprint of both block A and block B. This level will consist of car parking, flexible commercial floorspace, bike storage space and plant room.
15. The proposed buildings will create 31 residential dwellings, comprising 9x1, 17x2, and 5x3 bedroom flats. 11 of these units will be provided within block A and 20 units within block B. In total (as measured by habitable rooms) the scheme will provide for 40% affordable housing. The tenure for the affordable housing element would be split 59.5% social rented accommodation and 40.5% intermediate housing. All of the affordable housing will be located within block A of the proposal with the private housing located within block B.
16. Of the 31 residential units 3 will provide wheelchair accessible housing, a total percentage of 10.8% of the total number of habitable rooms. The scheme will include the provision of a communal garden at the rear of the proposed building, 2 small private gardens for the ground floor units within Block A and will provide external balconies of a significant amount to 17 of the residential units located above ground floor level.
17. The flexible (B1/A1/A2/ specified D1) floor space will be located at ground floor level within block B of the development and at lower ground/basement floor level. The specified operations within the D1 use class could include the following: day care centre, doctor’s surgery and health clinic.
18. At basement level 8 car parking spaces are provided. 6 of these parking spaces will be allocated for the residents of the development including 1 allocated for the wheelchair accessible unit within block B. The further 2 parking spaces will be allocated to the flexible commercial use at basement and ground floor with 1 of these allocated for persons with mobility impairments. A further 2 car parking spaces will be provided at ground floor level, these spaces will be allocated to the wheelchair associable units located at ground floor level within Block A.
19. The scheme aims to achieve level 4 Code of Sustainable Homes rating and is expected to secure a percentage CO2 reduction of 20%.
Relevant History of the Site
20. The site has been subject to the following previous planning applications;
21. LBI Reference P091833 (2, 4 & 4A, Tufnell Park Road and rear of Odeon Cinema, 419 Holloway Road, Islington, London, N7) Full planning permission refused on the 11th May 2010. Application considered at North Area Planning Sub Committee on the 27th April 2010. Description of Development;
Demolition of existing buildings on the site fronting onto Tufnell Park Road and replacement with the erection of a five storey building with basement (block A) and seven storey building with basement (block B) to provide 36 residential flats and 538 m² (GIA) floorspace (B1/A1/A2/A3/D1/D2) floor space together with the provision of cycle provision, refuse, servicing, parking, associated outdoor amenity space/landscaping and other associated works and alterations.
Reasons for Refusal
REASON 1: The proposed development would provide for a poor mix of unit types, an insufficient level of affordable housing and inappropriate tenure split within the affordable housing provision. The development in these aspects fails to meet the housing needs of the borough and the Council’s aim to secure balanced and mixed communities, contrary to policy 3A.5, 3A.9 and 3A.10 of the London Plan 2008, policies H3, H14 and H15 of the Islington Unitary Development Plan 2002, the Islington’s Local Housing Needs Assessment (2008) and the GLA’s Housing Supplementary Planning Guidance to the London Plan (2005).
REASON 2: The proposed development by reason of its scale, massing, excessive height and design would be unsympathetic, and have a harmful impact on the character and appearance of the adjoining Mercers Road and Tavistock Terrace conservation area, the setting of the adjacent grade II listed properties and the surrounding streetscene. The proposal is therefore contrary to PPS5, policies: 4B.1, 4B.8, 4B.11 and 4B.12 of the London Plan 2008, policies: D1; D4; D5 and D22 of the Islington Unitary Development Plan 2002, the Conservation Area Design Guidelines (2002) and the Islington Urban Design Guide (2006).
REASON 3 : The proposed development by reason of the over-provision of on site car parking in a location well served by public transport fails to accord with the Councils aims to reduce traffic and tackle congestion, improve the quality of the local environment and the promotion of sustainable forms of transport. The proposal is therefore contrary to policies T4, T18, T21, T22, T23, T25, T55 and T56 of the Islington Unitary Development Plan 2002 and policies 3C.1, 3C.3, 3C.17, 3C.23, and 3C.24 of the London Plan 2008.
Planning decision for application LBI ref P091833 is currently under appeal.
22. LBI Reference 850092 : (4 Tufnell Park Road) Redevelopment to provide an extension to the existing building at No.2 Tufnell Park Road and their use for office purposes. Approved with conditions 15-Apr-1985
Planning Consultation
23. The Council has undertaken its statutory consultation in accordance with relevant planning legislation. This includes letters being sent to the occupants of adjoining and nearby properties notifying them of the application and the process for reviewing the application and making comments.
24. A site notice and press advert was also displayed/advertised in relation to the application notifying persons of the application and the process for reviewing the applciation and making comments.
25. The Council has received 10 representations from members of the public and interest groups in with regard to this applciation. These responses raised a number of planning related issues in relation to the proposals
26. The following issues respectfully summarised have been consistently raised in these representations;
• Design, Scale Height and Appearance - Noted that a storey has been reduced from the height of block B compared to application reference P091833. Development is considered too large / tall and is overbearing to, and out of keeping with neighbouring buildings including listed properties and the adjacent Conservation Area; - The design, height and appearance lack sympathy with the historic character of surrounding area and would harmfully affect the streetscene, neighbouring Conservation Areas and listed buildings. - The building scale would darken and be oppressive to Tufnell Park Road;
• Neighbouring Amenity - Loss of sunlight and daylight, and overshadowing of properties to south and north of site. - Noise resulting from reflection of sound emanating from traffic using Tufnell Park Road. - Overlooking of neighbouring properties. - Noise and disturbance associated with construction of scheme. - Commercial uses proposed out of keeping with residential setting and will by their operation cause noise and disturbance to neighbouring residential properties. - Greater pressure on parking infrastructure and traffic congestion in the area.
• Land Use - Existing building and land use provided has not been advertised widely and consistently. - Commercial use proposed at ground and basement level out of keeping with residential nature of the street.
27. In addition to the above public representation summarised above, representations were also received from the following interested groups/parties/ persons – their title and comments are summarised below.
28. Thames Water Advice with regard to sewerage infrastructure we would not have any objection to the above planning application. Thames Water requests that the applicant should incorporate within their proposal, protection to the property by installing a non return valve or other suitable device to avoid the risk of backflow at a later date, on that assumption that the sewerage network may surcharge to ground level during storm conditions. No objection to the scheme is raised in relation to water infrastructure.
An informative is suggested by the consultee in relation to the minimum head pressure and flow rate to be provided by Thames Water where it leaves Thames Water pipes.
28. English Heritage, Archaeology Advisor No objection is raised to scheme subject to a condition and informative being submitted in relation to archaeological works to be carried out prior to implementation of the scheme.
Internal Consultees
30. Conservation and Design Officer The officer raises no major concerns regarding the overall proposal. The reduction in the height of block B is noted and the proposed buildings are not considered to have a harmful impact on the setting of the listed cinema building or the terrace of properties on the opposite side of the Road to the site. The reduction is considered by the officer to provide a more elegant elevation and give the impression that the building is not as heavy as the previously refused application. The officer advises that appropriate detailing and materials are ensured and that the fenestration pattern relates to the established pattern while utilising a more modern language.
The officer comments that a particular area which needs careful consideration is the ground floor treatment in relation to the residential refuse/recycling area and the entrance and gate to the underground car parking area.
31. Housing Officer The housing officer has confirmed on the basis that financial viability provides a correct and appropriate justification for the affordable housing provision and that the mix of units is acceptable and in accordance with the Islington Housing Needs Assessment requirements.
32. Sustainability Officer The sustainability officer has considered the application and supports the commitment to achieve code for sustainable homes level 4 on all residential units. Other standard sustainability conditions are proposed by the officer including a commitment to provide a percentage carbon reduction of 20% via the use of renewable technologies.
33. Housing Officer The housing officer has confirmed on the basis that financial viability provides a correct and appropriate justification for the affordable housing provision that the mix of units and tenure split in this instance is satisfactory.
34. Spatial Planning and Transportation The officer has welcomed the level of cycling provision, but is concerned about the level of car parking and would like it to be car free.
35. Public Protection Division (Noise Officer) Subject to conditions the officer raises no objections in relation to the proposals. The officer has considered the noise report submitted with the applciation which places the site within category B noise level. Conditions requested concern the hours of operation of the commercial floorspace, delivery hours, details of sound insulations concerning the commercial and residential elements of the scheme and submission of a noise report in relation to construction phase and operation phase of the development.
36. Tree Preservation Officer Information in relation to excavation works proposed and the method of construction has been provided with other relevant commitments within an arboricultural tree report. The officer in respect to this information and assessment of the planned works raises no objection to the proposal subject to appropriate conditions being attached to any permission.
37. Previous Relevant Consultee Responses
Comments were received from consultees for the previous scheme on the site application reference P091833 which are considered relevant to the consideration of this proposal and are listed below. These comments are on the basis of the previous proposal. The substantial design change to the current proposal relates to the reduction in height of Block B of the proposal by a storey which has the effect of lowering the copper parapet height below the adjacent ‘banding’ found on the listed cinema building.
38. Conservation and Design Manager commented the following the officer notes the location of this site adjacent to listed buildings and conservation officer and considers a proposal will need to relate to sensitive historic setting and address the significant changes in height, scale and use that characterise the eastern end of Tufnell Park Road. The proposed scheme has sought to address the marked changes in height along Tufnell Park Road by breaking down the mass of the proposal into two buildings, pulling back the building from the paving line, setting back the upper storeys and through architectural detailing, materials and fenestration. The officer considers that while the preference would be for a lower building in this context, measures have been taken to mitigate the impact of the proposal to the surrounding historic environment. The quality of materials is identified by the officer as being key to ensuring that the proposed scheme blends appropriately within the existing townscape.
39. Design and Review Panel Application was considered by the Islington Conservation and Design Review Panel on the 05th January 2010. The Panel consists of a panel of representatives of local amenity groups/societies, local architects, surveyors, engineers and other relevant professionals. The following comments were made in relation to the proposal. - The panel took the view that the proposed design was well considered and blends well with the surrounding area while providing a note of novelty. - Block B was regarded as being too high – this could be resolved by reducing the height of the copper clad element. - The elevation facing onto the south wall of the cinema may create uncomfortable and unusually shaped spaces and a bleak outlook. This should be given further attention.
40. Transport for London The development site is located in close proximity to the TRLN (Holloway Road) the consultee identifies that the site is located in an area of a good level of public transport accessibility therefore the number of car parking places, excluding the provision for disabled users is reduced. TfL also confirm that the scheme should provide cycle parking provision in accordance with TfL standards. Transport for London has confirmed that subject to conditions the proposal would not result in an unacceptable impact to the TRLN. Suggested conditions include the submission of a Construction Logistics Plan covering efficiency and sustainability measures during construction and the control and location of vehicles, skips and construction materials during works onsite.
RELEVANT POLICIES
41. National Guidance The following national and regional guidance is considered particularly relevant to this application: - PPS1 Delivering Sustainable Development - PPS3 Housing - PPS4 Planning for Sustainable Economic Growth - PPS 5 Planning and the Historic Environment - PPS9 Biodiversity and Geological Conservation - PPS10 Planning for Sustainable Waste Management - PPG13 Transport - PPS22 Renewable Energy - PPS23 Planning and Pollution Control - PPG24 Planning and Noise
Development Plan
42. The Development Plan is comprised of the London Plan 2008 (consolidated with amendments since 2004) and the Islington Unitary Development Plan (2002). The following policies of the Development Plan are considered relevant to this application:
London Plan 2008 - Spatial Development Strategy for Greater London (consolidated with alterations since 2004)
The Broad Development Strategy Thematic Policies 2A.1 (Sustainability Criteria) 3A.1 (Increasing London’s Supply of 2A.3 (London’s Sub-Regions) Housing) Connecting London – Improving 3A.2 (Borough’s Housing Targets) Travel in London 3A.3 (Maximising the Potential of 3C.3 (Sustainable Transport in Sites) London) 3A.5 (Housing Choice) 3C.17 (Tackling Congestion and 3A.6 (Quality of New Housing Reducing Traffic) Provision) 3C.21 (Improving Conditions for 3A.9 (Affordable Housing Targets) Walking) 3A.10 (Negotiating Affordable 3C.22 (Improving Conditions for Housing in Individual Private Cyclists) Residential and Mixed-Use Schemes) 3C.23 (Parking Strategy) 3A.11 (Affordable Housing 3C.24 (Freight Strategy) Thresholds) 3B.1 (Developing London’s Economy) Enjoying London 3B.2 (Office Supply and Demand) 3D.8 (Realising the Value of Open 3B.3 (Mixed Use Development) Space and Green Infrastructure) 3D.13 (Children and Young People’s Designs on London Play and Informal Recreation 4B.1 (Design Principles for a Strategies) Compact City) 3D.14 (Biodiversity and Nature 4B.2 (Promoting World Class Conservation) Architecture and Design) 3D.15 (Trees and Woodland) 4B.3 (Enhancing the Quality of the Public Realm) The Crosscutting Policies: 4B.5 (Creating an Inclusive 4A.1 (Tackling Climate Change) Environment) 4A.2 (Mitigating Climate Change) 4B.6 (Safety, Security and Fire 4A.3 (Sustainable Design and Prevention and Protection) Construction) 4B.8 (Respect Local Context and 4A.4 (Energy Assessment) Communities 4A.5 (Provision of Heating and 4B.11 (London’s Built Heritage) Cooling Networks) 4B.12 (Heritage Conservation) 4A.6 (Decentralised Energy: Heating, Cooling and Power) The Sub-Regions, Central Activities 4A.7 (Renewable Energy) Zone and Government Growth 4A.9 (Adaptation to Climate Areas: Change) 5A.1 (Sub-Regional Implementation 4A.10 (Overheating) Frameworks) 4A.11 (Living Roofs and Walls) 5B.1 (The Strategic Priorities for 4A.14 (Sustainable Drainage) North London) 4A.16 (Water Supplies and Resources) Implementing the London Plan: 4A.18 (Water and Sewerage 6A.4 (Priorities in Planning Infrastructure) Obligations) 4A.19 (Air Quality) 6A.5 (Planning Obligations) 4A.20 (Reducing Noise and Enhancing Soundscapes) 4A.22 (Spatial Policies for Waste Management) 4A.28 (Construction, Excavation and Demolition Waste) 4A.33 (Bringing Contaminated Land into Beneficial Use)
Islington Unitary Development Plan (2002)
Environment Policies: Housing Policies: Env1 & 2 (New Development) H3 (New Housing and Changes of Env5 & 6 (Protecting Trees) Use to Residential) Env9 & 10 (Street Furniture, Paving H7 (Standards and Guidelines) and the Streetscene) H10 (New Development) Env12 (Community Safety) H14, 15 & 17 (Dwelling Mix, Dwelling Env15 Small Children and their Need and Affordable Housing) Carers) Env16 & 17 (Protection of Amenity) Sustainable Transport Policies: Env21 (Nature Conservation T4 (Reducing the Need to Travel) Principles) T18 (Parking and Traffic Restraint) Env32 (Energy) T21 (Non-Residential Off Street Env37 & 38 (Waste and Recycling) Parking and Servicing) T23 (Car-Free Housing) Economic Regeneration Policies: T27 (Design of Car Parks) E1 & 2 (Business Development) T32 (On-Street Servicing) E3 (Mixed Use in Business T34 (Cycle Parking) Schemes) T45 (Land Use Planning) E4 (Loss of Business Use) T46 (Design Issues) E7 (General Industrial Use) T47 (Streetscape) E12 (Priority Areas) T49 (Meeting the Needs of People E13 (Protection of Premises for with Mobility Problems) Small Firms and Opportunities for T52 (Facilities for Cyclists) Business Start-Ups) T55 (New Development)
Conservation and Design Shopping and Town Centres Policies: S1 (The Nags Head Town Centre) D1 (Overall Design) S2 (Town Centre Development) D3 (Site Planning) S27 (New Retail Developments D4 (Designing in Context) Serving Local Needs) D5 (Townscape) S29 (Access to Shops) D6 & 7 (Landscape and Public S31 (A2 and A3 Uses) Facilities) D8 (Boundary Walls, Paving and Implementation Policies: Street Furniture) Imp5 (Mixed Use) D13 (Shopfronts) Imp6 (Efficient Use) D17 (Local Views) Imp13 (Community Benefits) D18 (Local Landmarks) D20 (Land Use) D22 (New Development) D24 (Materials)
Designations
43. The site has the following designations under the London Plan 2008 and Islington Unitary Development Plan (2002):
- Site within 100m of TfL Road Network (TLRN); - Nags Head Town Centre Special Policy Area - Lower Holloway Medieval Hamlet Archaeological Priority Area 6 - Mercers Road / Tavistock Terrace Conservation Area; - (adjacent) Grade II Listed building – Odeon Cinema Building - (nearby) Grade II Listed Buildings: 9-21 [consec] Tufnell Park Road
Supplementary Planning Guidance (SPG) / Document (SPD)
44. The following adopted 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 - Planning Standards Guidelines - Sustainable Design & Construction - Planning Obligations and S106 - Providing for Children and Young - Urban Design Guide Peoples Play and Informal Recreation - Nags Head Town Centre Strategy - Planning for Equality and Diversity in London
Other Relevant Documents
Core Strategy was submitted on 30 June 2010, at which point the formal examination of the plan commenced. The examination Hearings are scheduled to start on 23 November 2010.
When determining a planning application the council must determine it in accordance with the development plan unless material considerations indicate otherwise. The Core Strategy is not part of the development plan at this stage but is a material consideration. The weight to be given to policies in the Core Strategy depends on the likelihood that they will be adopted. This is linked to the level and nature of any representations that have been received. Therefore the weight to be given to any particular policy (as a material consideration only) must be determined on a case by case basis. However, although some weight may be given at this stage to all policies in the Core Strategy, little weight can be attributed to policies 9e, 10, 12g, 12i, 12j, 12k, and 13c due to the negative representations received.
Policy 3 Nag’s Head and Upper Policy 12 Meeting the Housing Holloway Challenge Policy 9 Protecting and Enhancing Policy 13 Employment Spaces Islington’s Built and Historic Policy 14 Retail and Services Environment Policy 15 Open Space and Green Policy 10 Sustainable Design Infrastructure Policy 11 Waste Policy 16 Play space Policy 17 Sports and Recreation
EVALUATION
46. Prior to an evaluation of the application please see below a list of the material differences to the proposal considered under this application to that proposed under the former planning application, LBI reference P091833.
47. The amendments have been developed to respond to the reasons for refusal attached to the determination of application LBI reference P091833. The material alterations between this proposal and application reference P091833 include;
Design
- The reduction of the height of Block B by a storey. - Reduction of main copper clad treatment of the front elevation of Block B from 5 storeys to 4 and reduction of the parapet of this copper clad element in relation to its position against the listed Odeon Cinema. - Increased height of the commercial frontage located at ground floor within Block B. - Increase in internal ceiling height but 100mm per floor to provide improved standard of accommodation. - Clarification that a potential right of way through the development site is no longer proposed. - Confirmation that the proposal includes a communal boiler to serve the residential accommodation and an air water heat pump for the commercial/community use.
Residential Housing
- Increase in affordable housing provision (as measured by habitable room) from 35% to 40%. - Scheme to provide 31 residential units comprising of 9x 1 bedroom, 17x2 bedroom units and 5x3 bedroom units.
Commercial/Community Use
- Flexible planning use of the ground and basement floorspace proposed limited to operations within the B1 (Office), A1 (Retail), A2 (Financial and Professional Services) and Specified D1 (day care centre, doctors surgery and health clinic). This removes the application for operations within the A3 and the D2 use class in addition to those listed above.
Parking - A reduction from 23 to 10 car parking spaces provided onsite at basement and ground floor level from previous application - Basement level; o 5 residential car parking spaces (1 of which would be allocated to wheelchair accessible residential unit). o 1 commercial car parking space allocated for persons with mobility impairments o 1 commercial car parking space for operation - Ground floor level o 2 residential car parking spaces allocated to wheelchair accessible residential units. - Clarification that the applicant agrees to a planning obligation to be secured via a S106 agreement removing the rights of all residents and commercial occupiers of the development to obtain on street car parking permits.
Land Use
48. As evidenced by a site visit the site is currently vacant. There were previously 2 uses on the site. The larger building was in use for operations within the B1 (offices) use class and the vehicle repair shop/garage which housed operations within the B2 (General Industrial) use class as defined by the Town and Country Use Classes Order (As amended). Homes for Islington were the most recent occupier of the office building on the site. Officers from this department have confirmed that the building was vacated on the 24th April 2007 in order to move to other facilities within the borough as part of a planned re organisation of resources. In total the floorspace of the existing B1 building is approximately 449 square metres. The building which was previously in use for operations within the B2 use class provides approximately 138 square metres across. Across the site therefore approximately 587 square metres of floorspace is provided for commercial uses.
49. The proposal sees the complete demolition of all existing buildings on the site and the erection of 2 buildings as part of a residential led mixed use development. The resulting land use which comprises the mixed use scheme are listed within the following table;
50. Land uses table
Land Use Existing GIA (sqm) Proposed GIA (sqm) / Units Class B1 449
Class B2 138
Flexible Use Class 538 sqm B1/A1/A2/Specified D1
Residential Use Class 31 Units C3
51. The application site in part falls within the Nags Head Town Centre as designated by the Islington UDP 2002. The site therefore needs to be considered in relation to the Nags Head Town Centre Strategy Supplementary Planning Document (2007) which provides a vision for the future of the town centre stating the town centre is ‘to be a thriving and sustainable town centre, which in combination with similar centres in the borough, will provide a broad range of goods and services to meet the diverse needs of the whole Islington community in the 21st century’. Policy S1 states in relation to the designation as a town centre this is to encourage new investment which enhances their quality and the range of services on offer: including retail, leisure, health facilities and other appropriate town centre uses.
52. In addition it is noted that Policy 3 of the Core Strategy Submission encourages the development of underused land within Nags Head. This is to maximise opportunities to provide new retail premises where possible, along with other employment uses.
53. This guidance and policy direction needs to be considered in the context of the location of the site, being part within the town centre boundary and moving into an area which quickly develops a predominance of residential use.
54. The proposed redevelopment of the site involves the demolition of the buildings which currently provide B1 and B2 floorspace. In consideration of this it should be noted that under the limitations of the General permitted development order (As amended) the change of use of the B2 floorspace to B1 can be carried out as permitted development, not requiring planning permission given that the floorspace is below a 235 sq metres threshold. In relation to assessing the demolition of the current buildings and the flexible uses proposed it is necessary to consider the application firstly as a replacement B1 floorspace given the potential for B1 use to operate at the site. Secondly it is also necessary given the permission is sought for a flexible use to consider the proposal as a loss of B1 and B2 floorspace to another use within the class A1/A2/ specified D1 use classes.
55. Flexibilty is sought for the ground (within Block B) and basement unit for an end use as either B1/A1/A2/Specified D1. Permitting flexible use would allow the resulting floorspace to change between the agreed uses for a period of 10 years from the date of planing permission. Once the 10 year period has lapsed the use of the floorspace at that time becomes the established use of the accomodation and there is no longer a right of flexibility. In addition it should be noted that planning permission is not required for the subdivision of premises other than dwellinghouses. As a result in the assessment of this application it should be noted that the unit as identified can be divided without requiring planning permission to a smaller number of units.
56. The proposed units would be located over the ground and basement level. The accomodation will be modern, open plan floorspace and is considered to cater for a broad range of end users. The unit will have satisfactory and appropriate access and service arrangements. The location of the unit would provide an active presence in the streetsstence and add to passive surveillance in the area.
57. It is considered that the specified D1 operations including Doctors Surgery, Health Centre and a Day Centre are of significant community value. The premises and development by reason of its design, surrounding vicinity and serving arrangements is considered to provide a sustainable location for such operations without unacceptably prejudicing neighbouring amenity.
58. In the interests of maintaining ground floor frontages which are open and welcoming, assist in activating the streetscence and offer passive surveillance a condition is attached which prevents the undue obscuring of the shopfronts by future tenants.
59. An assesment of the proposal as providing replacement B1 floorspace as part of the redevelopment proposal is considered to comply with relevant policies which seek to protect loss of business use. While it is noted that the proposal will provide a slight reduction in terms of commerical floorspace from 587 to 538 square metres the loss is considered marginal and needs to be assessed in the context of the provision of a new and high quality floorspace which can meet the full range of operations within the B1 use class.
60. Moving onto the consideration of the proposal as resulting in a loss of business floorspace without reprovision, which can occur if permission is granted for the flexible use of the commerical unit. Polices E4 and E7 of the Islington UDP require the consideration in the context assessing the loss of B1 and B2 floorspace against relevant criteria. The current buildings as identified previously have been vacant for some time. However both buildings are considered to benefit from good access including dedicated access/crossovers and certainly in the case of the 2 storey building provide premises suitable for a range of B1 uses. As a significant material consideration the land use change is assesed against the fact that the premises have been empty for some time without being leased. While the authority seeks to retain B1 floorspace as part of a strategic objective to provide a mixed and vibrant economy within the borough where it can be reasonably demonstrated that premises are not viable as a B1 use it would be counterproductive to the sustainability of the borough to restrict the provision of other uses subject to their appropriateness in other respects.
61. The borough is the 6th most deprived local authority in England and has above average levels of unemployment. Increasing opportunities for employment and reducing deprivation is an essential part of developing socially sustainable communities within Islington. The most common barriers to employment that people experience in the borough are most notably the lack of skills to meet the needs of the employment market. In response to this shortfall of skills and experience the applicant has agreed to a clause added to the S106 to facilitate the provision of 2 work placements during the construction phase of the development or pay an equivalent financial contribution of £10,000 to be spent on training placement for local residents. These initiatives are viewed as an essential part of developing socially sustainable communities, especially in the growing and intensifying community in which the development is located.
62. In addition, the development should comply with the Council’s Code of Local Procurement to ensure that the procurement of goods and services through the construction phase allows for opportunities for local businesses to tender for these, thereby supporting local businesses and regeneration opportunities.
Conservation and Design
63. The site is located adjacent to a conservation area and the surrounding and there are listed buldings nearby, including the Odeon cinema building and the terrace of properties, number 9-21 Tufnell Park Road.
64. The main alteration from the previously refused planning application is a reduction of the larger block B by one storey. This is the residential block closest to the listed cinema building. As a result of this alteration the copper treated section which formed the bulk of the front elevation of this building has been reduced from the equivalent of 5 storeys to 4.
65. Any proposal will need to be sensitive to the historic setting of the area and fulfil an important townscape role in relation to addressing the significant changes in height, scale and use that characterise this part of Tufnell Park Road, which is in close proximity to the junction with Holloway Road and that commercial centre. The most marked challenge for the proposals to address is the level change between the Odeon Building, which is of significant scale and height and the 2 and then 3 storey buildings which adjoin the site to the west.
66. The existing buildings on the site are considered to have little architectural merit and their complete demolition is not considered objectionable subject to an appropriate proposal. The redevelopment of the site is also seen as an opportunity to address the relationship and changes of height along this section of townscape, something that the existing buildings do not provide in my opinion. It is also necessary for the special interest and setting of the adjoining listed buildings in the area to be maintained.
67. Officers require the grade II listed Odeon Cinema building to continue to be the dominant building in the immediate locality. It is an important cultural and architectural landmark and enjoys a primacy in the existing townscape.
68. The proposed scheme in its bulk and massing addresses the need to provide a link between the level changes of the Odeon Cinema and the lower residential properties to the west by breaking down the mass of the proposal into 2 blocks. In addition to this, the design incorporates a setting back of the building from the building line of the existing building increasing the distance from the pavement line and listed buildings opposite on Tufnell Park Road. The proposal also includes the setting back of the whole of the upper floors of the 2 blocks and a part set back of the storey below this within each block of the building. As a result of this set back from many angles in close proximity to the site certainly block B, which is the larger block may be read visually as a 5 storey building as opposed to 6. This also assists with the matter of retaining the visual dominance of the Grade II listed Odeon Cinema. The upper storeys of the building also feature a marked material and fenestration change from the main body of the 2 blocks which further assists in breaking down the mass of the building and improving its relationship with its surroundings.
69. The adjacent listed buildings 9-21 Tufnell Park Road are considered to pre-date many of the prevalent types of architecture in the area as evidenced by the commercial properties located towards Holloway Road and the larger housing blocks located to the west along Tufnell Park Road. It is officer opinion that there is existing variation in the area in terms of heights, scales and architectural detailing of buildings in the area and as such the principle building of a larger height and of a modern appearance cannot be considered unsuitable for this location. The set back of the proposed building is recognised, as well as the separation of the building from adjacent properties across the street now in accordance with the established distance between other residential properties on Tufnell Park Road.
70. The proposal has been considered in relation to various policy documents including the Design Guidelines for the adjacent conservation area, and the objectives of PPS5 Planning and the Historic Environment.
71. Applying the advice on new buildings within the conservation area design guidelines and other relevant policy documents it is considered that the proposal respects the scale, massing, rhythm and fenestration of adjoining buildings, uses of high quality materials and displays a vertical emphasis in the elevational treatment.
72. The proposed building is considered to maintain the Odeon’s primacy and dominance in the area. Therefore, there is not considered to be significant harm caused to the setting of that building. The building will be set back from the line of the Odeon Building and this together with the further set back of the upper floors will further improve the relationship of the buildings and the visual cohesiveness of the area of townscape.
73. The proposal has been considered by the Council’s conservation officer who does not feel that the building will have an adverse impact on the setting of the listed cinema building or the houses on the opposite side of the Road. The reduction in height when compared to the previously refused scheme is noted by the officer who comments that this results in a more elegant elevation with this and the reduction in the bulk of the copper clad element reducing the weight of the building to the benefit of the surrounding area.
74. It is considered absolutely key for this building in its success in making a positive contribution to the area to consist of quality materials and treatments. In response a condition is suggested to the recommendation requiring full details of the external materials on the grounds of the extensive design related policies that are applicable to this development.
75. Affordable Housing and Financial Viability It is the Government’s key housing policy goal to ensure that everyone has the opportunity of living in a decent home, which they can afford, in a community where they want to live. In this regard Government Guidance within PPS3 seeks to deliver new housing which: is of a high quality, provides a mix of market and affordable homes to support a wide variety of households resulting in mixed and balanced communities; is of an appropriate quantity; is in suitable locations; and is a flexible and efficient use of land.
76. The London Plan, under policy 3A.9 sets a strategic London wide affordable housing target of 50% and suggests that within that target there is a London wide objective for 70% social housing 30% intermediate provision. Policy 3A.10 confirms that: boroughs should seek the maximum reasonable amount of affordable housing a site can achieve; there is a need to encourage rather than restrain residential development; and affordable housing targets should be applied flexibly – taking into account individual site costs, the availability of public subsidy and other scheme requirements. The supporting text to this policy at paragraph 3.52 states that boroughs should ‘take account of economic viability… [and] the individual circumstances of the site’. Paragraph 3.53 confirms that ‘there will be some sites that are capable of achieving more towards meeting the overall 50% London wide affordable housing target and some less’. Paragraph 3.54 goes on to state that ‘… boroughs should take a reasonable and flexible approach on a site-by-site basis…’ In order to consider what the maximum reasonable amount of affordable housing sites may achieve the London Plan 2008 and the London Plan Housing SPG both suggest the submission of viability assessments to ensure that sites justify their provision of affordable housing.
77. The Core Strategy Submission Document June 2010 identified that the Council will be seeking the maximum reasonable amount of affordable housing from schemes taking into account the overall borough wide strategic target. The target is for 50% of units to be affordable across the borough. This is subject to a financial viability assessment, the availability of public subsidy and the individual circumstances of the site. Again it should be noted that this policy is considered to carry limited weight given its current status.
78. The proposed development shall provide for a total of 31 residential units. Of the 31 units created 11 units would comprise affordable housing. Affordable housing provision is calculated with reference to the number of habitable rooms provided and in this instance the scheme shall provide for 40% affordable housing. This is an increase from the 35% proposed in the refused scheme LBI reference P091833.
79. The 11 affordable homes are comprised of 3x1; 4x2 and 4x3 bedroom dwellings. Of the 11 affordable units created 5 would comprise social rented accommodation and 6 would be intermediate accommodation. Due to the level of affordable housing being calculated on habitable rooms as opposed to units and given that the social rented units are predominantly larger that the intermediate the tenure split is to be 59.5% social rented and 40.5% intermediate housing.
80. The affordable housing residential element of the scheme will be provided within block A of the development. The social rented units will be located at ground, first and second floor level within the Intermediate units located at second floor level, third floor level and fourth floor level. The private market housing will be provided within block B of the proposed development. A clause is contained within the S106 securing the overall percentage of affordable housing and the tenure split.
81. In accordance with the national and regional policy and guidance identified above the applicant has submitted a financial viability assessment with the proposal to justify the level of affordable housing proposed as part of the proposal, which has been assessed by an independent consultant. The conclusion is that the percentage of affordable housing is an improvement on the previous refused planning application, and it is recommended that it is supported on that basis. At the present time (the independent assessment is dated 8 July 2010) the figure of 40% would not be viable. However, an improvement in the market would change this.
82. The 40% also assumes that grant funding is available. In the event of this not being the case (in the context of current public spending reviews) and the applicant seeking a lower affordable housing provision on the site this would require assessment as another planning permission. No cascade agreement is proposed within the S106 agreement as a change to lower the affordable housing provision would be considered a material alteration to the proposal given the policy framework discussed.
83. The current market has affected development proposals and it is unclear when there will be an improvement. However, the developer is effectively making a judgment that it will improve to allow for the affordable housing to be provided, and in the process the borough would end up with more affordable housing as a result. Given that there would be 3 years in which to commence the proposal this is considered reasonable. Therefore, it is considered that the proposal accords with policy 3A.9 of the London Plan.
Dwelling Mix
84. The scheme proposes a total of 31 residential dwelling. Council policy identifies within policy H14 and H15 of the Islington UDP that a variety of types of accommodation should be provided to meet single people, large and small facilities etc. Policy 12 of the Core Strategy Submission Document within point E identifies that a range of unit sizes are required to meet needs in the borough. In the implementation of these policies officers need to consider the relevant guidance provided in the Islington Housing Needs Assessment and also the GLA Overall Housing Mix targets identified in the GLA Housing Supplementary Planning Guidance 2005.
85. In relation to the housing needs assessment and housing mix officers have employed an approach in accordance with table S4 of the Islington Housing Needs Assessment which looks at future demand across the whole housing market and identifies the demand for private housing market by size requirements.
86. Also of relevance is the GLA housing requirements study which looked at the London wide net housing requirement over the next 15 years. The below table compares the mix of the scheme as proposed against this guidance.
87. Table Dwelling Mix for Combined Housing
Combined Housing Residential Unit Total units Overall Unit HNA 2008 GLA Size in Scheme Mix of Table S4 Overall Proposal Target Mix 1 Bedroom 9 29% 14% 32% 2 Bedroom 17 55% 67% 3 Bedroom 5 16% 19% 38% 4 Bedroom 0 0 0% 30% Total 31
94. Table Dwelling Mix for different tenure types.
Social Rented Intermediate Affordable Market Housing Affordable Residential Unit Size HNA HNA HNA 2008 Unit 2008 2008 Units % Table S4 s % Table S4 Units % Table S4 1 Bedroom 0 0 10% 3 50% 40% 6 30% 10% 2 Bedroom 1 20% 40% 3 50% 50% 13 65% 77% 3 Bedroom 4 80% 35% 0 0 10% 1 5% 13% 4 Bedroom 0 0 10% 0 0 0 0 0 Total 5 6 20
86. The proposed scheme provides a varied mix of units. In relation to the overall combined housing the mix can be seen to broadly respond to the Councils interpretation of the ideal housing mix based on the Housing Needs Assessment 2007. While there is some departure this is less than there is between the interpreted target mix of the Islington Housing Needs Assessment and target mix of the GLA SPG which is also a significant consideration of this matter. It is not considered justified to refuse an application where it does not exactly meet the overall targets of the borough. An appropriate mix is one that responds to the constraints of the site and design criteria of the development, for instance we would not want to provide wholly family accommodation within this development given the limitations in terms of accessible external amenity space.
87. In assessing the mix against the idealised target mix for separate tenure types that the scheme provides 3 bed affordable units suitable for family accommodation in excess of that identified within the interpreted HNA standards.
88. The Islington Housing officer has considered the mix of residential units proposed and considers this satisfactory.
89. Residential Density The London Plan requires developments to achieve the highest possible intensity of use compatible with the local context. The redevelopment scheme proposes a total of 31 residential dwellings comprised of 92 habitable rooms (hr) within a gross site area calculated in accordance with the method expressed within the Islington Planning Standards Guidelines SPG equal to approximately 1,638 sqm or 0.1638ha. 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 redevelopment scheme therefore results in a residential density of 561hrh. It is noted that the scheme forms a mixed use scheme and the above calculation relates to the residential component only.
90. The site is defined as being ‘Urban’ and within an area of the highest public transport accessibility (PTAL) by the London Plan, PTAL rating 4-6; therefore it falls within the suggested residential density range of 200- 700hrh as stipulated within policy 4A.3 of the London Plan.
91. The proposal is a residential-led mixed use scheme and is considered to achieve a good mix of uses, the density falls within the suggested range and is considered appropriate within the context of the site and the proposed mix of uses. The acceptability of the proposed density is also strengthened and highlighted by the fact that the redevelopment uses land more efficiently.
92. Quality of Resulting Residential Accommodation The scheme provides 31 residential units over ground and upper floors provided as flats. All dwellings are to be self-contained, with entrance halls and rooms accessed from general circulation areas and all rooms are considered to be of appropriate and regular shapes allowing full use and functionality. Lift and staircore access is provided to all residential accommodation within Building A and B at upper levels. The new dwellings are therefore considered to be acceptable in terms of their resulting layout and functionality.
93. The majority of the residential units provided will benefit from dual aspect, the proposal in relation to this matter is considered to provide good outlook for future residential. The design has taken into account overlooking between residential units proposed as part of the development. It is proposed that potential issues in relation to views from roof terraces/balconies of residential units within building A to residential units within building B could be addressed by the installation of screening. This matter can be dealt with by condition.
94. Private outdoor amenity space is provided to the 2 larger wheelchair accessible units at the ground floor level within building A. In addition the majority of the other residential units above ground floor level are provided with an element of external amenity space in the form of a balcony or roof terrace. The proposal also includes the provision of a communal garden at the rear which will be for the enjoyment and recreational use of occupiers. The scheme is considered to generally provide for an adequate and suitable amount of amenity space for future occupants.
95. It is necessary that the proposed commercial unit at ground level does not impinge on the amenities of above occupiers of the residential units provided. The proposal will benefit from a layout of uses, service arrangements and separate access cores which are considered to support a mixed use scheme. The proposal has been considered by the Councils Noise officer who has suggested a condition be attached in relation to a scheme for sound insulation between the different uses to protect residential amenity. In addition conditions are attached to the permission in respect to the hours of operation and service arrangements to protect the amenity of residential occupiers of the development and the wider area.
96. Neighbouring Amenity The site adjoins both residential and non residential properties. Islington Council policy seeks to safeguard the amenity of adjoining residential occupiers. No adopted polices exist that seek to safeguard the amenity of neighbouring commercial properties.
97. In relation to overlooking and privacy objections have been received from properties adjacent to the site on the southern arm of Tufnell Park Road. The arrangement of residential properties across this street is an established pattern, in addition the distance between the properties in approximately 26 metres. To the north and rear of the property is the building of 433 Holloway Road which has previously been converted to provide residential accommodation above ground floor level. The southern elevation of number 433 Holloway Road is at an acute angle to the site. It is closest to it at the north western corner of building A. At ground floor level given the retention of existing perimeter walls there is not considered to be undue conflict in terms of overlooking between properties.
98. At upper floors the distance between windows to residential properties within block A and the southern elevation of 433 Holloway Road is less than 18 metres when measured at the acute angle. The Islington Planning Standards Guidelines identifies as a general rule that no window or balcony, should overlook the window of a habitable room, except where the distance to that window is greater than 18 metres. In the assessment of this it is necessary to consider that the proposal to address this matter through the introduction of louvered screening and obscured glass screen to the balconies of upper floor units located in the north western corner of building A. With respect to this feature and the fact that the buildings will not face directly onto each other but rather at an oblique angle the proposal is considered not to materially harm the amenity of residential occupiers of 433 Holloway Road in relation to overlooking/privacy.
99. In relation to the amenities of number 6 Tufnell Park Road it is considered that the amenities of this property will not be unduly compromised in relation to overlooking subject to a condition confirming that bathroom windows on the western elevation of block A will be obscurely glazed. Screening will also be provided to the adjoining roof terrace/balcony at fourth floor level to protect the amenities of number 6 Tufnell Park Road. It is considered that full details of this and other structures as part of the scheme to address overlooking will be required to be submitted as a condition of any approval.
100. In relation to loss of views as a result of the development this concern is noted, however there is no policy to preserve a view and therefore is not considered to be an appropriate reason for refusal. Objections have identified concerns in relation to the proposed development creating an undue sense of enclosure, effect on outlook or dominance of neighbouring residential properties to the south of the site across Tufnell Park Road. The proposed development features a stepping down between the Odeon Cinema building and the detached and semi detached villas which are located adjacent to the west on the northern arm of Tufnell Park Road. Also it should be noted that the development at part 4th storey level and across the whole of the 5th storey level of block A and part 5th storey level and across the whole of the 6th storey level of block B is set back from the main building line of the property. The set back to the 5th storey level within block A is approximately 1.8 metres and the set back of the 6th storey of block B is approximately 4.1 metres from the respective front elevations of the building. In addition the building as a whole has been set back from the current building line of the existing building on the site to be demolished. The building line of block B has been set back approximately 4 metres from the current line of the existing 2 storey building. The building line of block A has been set back from the existing building line by approximately 5 metres.
101. The residential properties located on the southern arm of Tufnell Park Road are 26 metres across a highway from the proposal. To the east of the site is located the larger Odeon cinema building. The arrangement of residential properties across the highway is an established arrangement in this area. In this instance the proposed development given the factors as identified in the previous chapter is not considered to be unacceptable in relation to its impact on the outlook of neighbouring properties to the south of the site on Tufnell Park Road.
102. As part of the planning application P091833 a Daylight Sunlight Report was submitted to consider the effect of the proposal in relation to these matters on neighbouring residential properties from 9-21 Tufnell Park Road, number 6 Tufnell Park Road and 433 Holloway Road. The report is an application of the standards as set our in the British Research Establishment document ‘Site layout planning for Daylight and Sunlight: A Good Practice Guide’ (BRE Guidelines) and has been carried out by Drivas Jonas LLP. The BRE guidelines and standards are nationally recognised criteria and methodologies and are recognised by local authorities nationwide in the consideration and assessment of proposed development in relation to sunlight and daylight matters.
103. Given that the scheme proposes a reduction in height of block B from that refused under P091833 it would be common sense that the revised scheme will improve on this previous proposal.
104. The previous report has been submitted and its findings considered relevant to this application. The report concludes in respect of the residential properties 9-21 Tufnell Park Road and 6 Tufnell Park Road and the impact of the proposal:
Paragraph 9.1 All of the windows assessed meet the BRE guidelines daylight criteria, indicating that the occupants to the surrounding properties will not experience a noticeable reduction in daylight.
Paragraph 9.2 Sunlight calculations are not considered necessary due to the orientation of the affected windows and site location.
105. In relation to the second point this approach in consideration of the impact of sunlight is consistent with the BRE guidance which state that windows facing within 90 degree of north are not considered to have a reasonable expectation of sunlight. As all of the habitable windows of these properties under consideration are orientated within 90 degrees of north, sunlight impact assessment are not necessary.
106. Given the residential properties directly to the west match the building line of the proposed building it is apparent that there will be no material impact on the amenities of these properties with respect to sunlight and/or daylight. In respect of the Odeon building it is noted that there are no windows on the elevation facing the development site. Regardless it should be noted that current adopted policy does not allow us to protect commercial premises amenity with respect to sunlight and or daylight.
107. In relation to the converted residential property to the north of the site, 433 Holloway Road, the sunlight daylight report submitted identified that these residential properties would obtain the following Vertical Sky Component (VSC) and Annual Probable Sunlight Hours (APSH) as expressed in this table:
Location 433 VSC APSH APSH in Winter Holloway Road Months Second Floor Level 29% 46% 14% Third Floor Level 34% 52% 18% Fourth Floor Level 37% 54% 19%
109. 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%
110. In terms of sunlight the BRE Guidelines confirm, it is considered that there would be no real noticeable loss of sunlight where: - In 1 year the assessed window receives more than 25% of annual probable sunlight hours (APSH), including at least 5% of APSH between 21 Sept and 21 March – being winter
111. As can be seen from the above the previous proposed development under application reference P091833 was not considered to materially impact on the amenities of residential occupiers within 433 Holloway Road in respect to sunlight and daylight provision. Given that this proposal reduces Block B by a storey it is considered that the information is applicable and the established position which is considered acceptable to officers improved.
112. Objections have been raised by neighbouring residents in respect to the noise and disturbance resulting from the flexible commercial element of the proposal. The unit will be located at ground and basement floor level and within block B located at the closest point on the site to the commercial area of Holloway Road. It is considered that a commercial use within the B1, A1 and A2 use class at this location can be achieved without compromising the amenities of neighbouring amenity. The site is currently occupied by building which could operate as B1 and B2 premises for which there are no controls on the hours of operation. The proposed development has good transport links with direct access from a crossover onto Tufnell Park Road including a dedicated temporary service bay. It is considered that any approval should be conditioned in relation to the hours of operation of the premises and details and restrictions of the servicing arrangements to protect neighbouring amenity.
113. The proposal does not include a potential right of way being identified on the submitted plans. Any route through the 2 building would be 2.2 metres at its widest. This area is also part of the landscaping plan which does not show the area as being provided as a carriageway. In addition a set of gates is shown at the northern part of the site currently terminating this right of way.
114. 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.
115. Accessibility London Plan policy identifies that for residential development of this size 10% of all habitable rooms shall be designed as wheelchair accessible housing. The proposal provides 10 habitable rooms that are within residential units that are designed to achieve wheelchair accessible housing standard. This equates across this development to a 10.8% share of all the habitable rooms marginally short of the identified standards. Given the benefits arising from the scheme in relation to other planning considerations is it considered on balance that 10.8% provision is acceptable.
116. The proposal provides residential dwellings that with minor amendments would meet Lifetime Homes standards and the additional requirements of the Councils Accessible Housing SPD within their footprint. It is considered that this could be secured by condition to the approval which would not materially change the nature of the scheme.
117. The flexible commercial units at ground and basement floor are open plan currently and do not raise any significant issues in relation to accessibility in this regard. It is noted that the premises will be required to comply with part M of the building regulations in respect to providing appropriate access arrangements.
118. The proposal will also provide dedicated disabled car parking facilities as part of the proposal at basement level and at ground floor level for the wheelchair accessible units.
119. Trees The site is in close proximity to 2 mature chestnut trees. These trees benefit from Tree Preservation Orders designated in April 2010. In addition a smaller street tree is located on the footway in front of the site. The existing mature trees are not designated with a tree preservation order but are of significant amenity value and of benefit to the surrounding area. Tufnell Park Road is characterised in part by the presence of large trees adjoining the footway and these trees found near the site make a contribution to this especially when viewed from the junction of Holloway Road and Tufnell Park Road.
120. The proposed development will involve significant excavation works as part of the proposal to provide basement floorspace and also feature the erection of a taller building on the site from the existing 2 storey building. The implication of the works on the trees proposed and the mitigatory and protective measures put in place are of chief concern. The applicant has proposed the retention of the existing trees. Notable elements of the scheme which have been designed with a consideration of the trees include the set back of the building line from its existing location and the location of excavation works avoiding the theoretical Root Protection Zones (RPA) of the large mature chestnut trees.
121. The applicant has submitted an arboriculultural impact assessment report prepared by a qualified professional. The report concludes that the potential impacts of the development are all relatively low in terms of the overall RPA percentage encroachment, the full potential impacts can be largely mitigated through design and precautionary measures and the proposals are therefore considered to not have any significant impact on either of the retained trees.
122. The Islington Tree Preservation Officer has considered this report and the proposal with respect to these matters and considers that subject to conditions no objection is raised. The officer is satisfied that the long term health of the existing trees can be safeguarded in relation to the proposals.
123. Conditions include further details of demolition, construction and excavation works being provided. A cross section has been submitted of the proposed excavation works around the mature chestnut tree onsite. Further details and controls over these excavation works is to be secured by condition at the request of the tree preservation officer.
124. A condition is also attached which requires the retention of all the trees indicated as being retained on the Tree Protection Plan. Other conditions attached include controls over the tree pruning woks, submission of a tree protection plan and tree protection measures to be carried out.
125. To ensure that no undue damage occurs to the retained trees during the construction phase of the development a condition is attached which requires an inspection regime and watching brief to ensure tree protection. Furthermore, a condition is attached which ensures that all scaffolding located within 2m of the crown spread of the existing trees has debris netting and also projects no further than 1.2m from the face of the proposed buildings. In the interest of preventing further pruning works, conditions are attached to ensure that no pipes are installed to the front elevations of building
126. Landscaping and Playspace At present the site has no significant planted area other that the tree mentioned in the previous section and the majority of surfacing is ‘hard surfacing’. The proposal includes the introduction of a landscaping scheme providing a mix of soft and hard landscaping facilitating the provision of amenity space, vehicle access / parking facilities and areas for pedestrian movement. The proposed hard landscaping will look to provide sustainable urban drainage as discussed in further detail in the sustainability section of this report evaluation.
127. The proposed landscaping works will include the provision of several new trees. In addition the provision of communal and private gardens will improve the site’s habitat and biodiversity potential. In relation to hard standing it is noted that the building line as a result of the development has been drawn back from the existing site boundaries and has resulted in an enlarged area of footway adjacent to the footway. This area has been used to provide additional planting, grassed area and parking areas for the residential occupiers of the ground floor wheelchair accessible units within Block A and an area of hard standing for the flexible commercial unit to be accessed from Block B building.
128. It is noted that the landscaping details submitted are currently relatively indicative. It is considered necessary to attach a condition to the permission requiring a more detailed landscaping plan to be submitted which will require further details of the soft and hard landscaping, existing and proposed underground services, tree pits and tree species, a topographical survey and details in relation to the dimensions, types and treatments of any means of enclosure.
129. The Mayor’s Supplementary Planning Guidance ‘Providing for Children and Young People’s Play and Informal Recreation’ calls for the provision of 10 square metres of playspace for each new child between 0-15. Based on the GLA briefing on child occupancy, it is suggested that the development could provide for a total of 10.5 resident children and therefore proposed development should make a total provision for 105 square metres of playspace.
130. A total communal garden located at the rear of the site provides an area of approximately 168 square metres. In addition to this it is noted that two of the five 3 bedroom units will be provided with private gardens which would provide amenity space for potential families occupying.
131. In the interest of mitigating the development’s impact on existing open space, sports/recreational facilities within the vicinity of the site the applicant has agreed to a planning obligation to be secured within the S106 agreement which secures the provision of a contribution of £185,677 toward sport and recreation, community facilities, public open space provision and children and young peoples’ play and recreation together with investment in sustainable transport and public realm.
132. In conclusion the proposal is considered to provide satisfactory facilities and investment to meet the amenity needs of future residential occupiers including children.
Highways and Sustainable Transport
133. The site as existing benefits from an area of hard standing at its rear which provides an area for service deliveries and general vehicular circulation together with possible car parking facilities in site. The current proposal is considered to provide appropriate arrangements for the servicing needs of the commercial and residential elements of the scheme.
134. The Site has a Public Transport Accessibility Level (PTAL = 4/5), and is located within the Controlled Parking Zone (CPZ). The London Borough of Islington is the Highway Authority for Tufnell Park Road which adjoins the site to the south. Holloway Road (A1) to the east forms part of the Transport for London Strategic Road Network (SRN) and is categorised as red route. Residents in the area benefit from being able to obtain parking permits to park on Tufnell Park Road.
135. A transport statement has been submitted in support of the scheme and identifies that the scheme constitutes a highly sustainable development. The Council has policies which seek to facilitate and encourage the use of sustainable methods of transport and reduce the dependency on vehicular form of transport for the benefits of the environment and the congested transport network and parking facilities.
136. The proposal includes the provision of car parking facilities on site. The parking spaces are provided predominantly at basement level with 2 spaces allocated to the wheelchair accessible housing units located at ground floor level. The parking provision and allocation across the site is as follows:
Allocation Basement Ground/Street Total Number Level of Parking Spaces Residential 6 (1 2 (both allocated 8 allocated for for wheelchair wheelchair accessible accessible residential units) residential unit) Commercial/ 2 (1 2 Community allocated for use of persons with disabilities) Total 10
137. This provision of car parking is a reduction from the 23 car parking spaces previously proposed in the refused scheme LBI reference P091833.
138. Also the allocation of these parking spaces has changed from the previously refused proposal. The refused proposal with the exception of the 3 spaces allocated for the wheelchair accessible housing units proposed that the additional spaces would be allocated for commercial occupants of the onsite development and nearby commercial premises re-providing the existing parking provision provided on the existing site. The proposal in accordance with relevant planning policy provides parking provision for primarily the residential component of the scheme in addition to 2 spaces being provided for the onsite commercial/ community use.
139. The Council’s policy as expressed within the Islington UDP in relation to parking and restraint identifies control of on and off street parking as a part of the Councils traffic reduction strategy. The reason for this is two fold, firstly reducing reliance and use of private vehicles to the benefit of the surrounding environment and long term sustainability. Secondly, to address the existing and future demands on existing infrastructure in relation to parking facilities and congestion. The policy identifies that parking shall be allocated with an established hierarchy of need.
140. In relation to the residential parking provision current adopted Council policy and guidance within the Islington UDP and the London Plan allow for off street residential car parking provision within new development. The maximum parking standards as set out by these policies and guidance is as follows:
Policy T22 (Residential Off Street Parking)
T22 New residential development may include off-street parking provision up to a maximum of 0.5 spaces per dwelling. The Council may require provision below this maximum in the following circumstances: i) constrained backland sites; ii) city fringe locations; iii) sites where conservation issues are relevant; iv) town centres, and locations with high public transport accessibility; v) conversions of existing buildings with limited/no on site parking potential. Source: Islington UDP 2002, p193
Table A4.2 Maximum Residential Car Parking Standards - London Plan (Consolidated with alterations 2008)
Unit Size 3 bed units 1-2 bed units
Car Parking Provision 1.5-1 space per 1 to less than 1 per unit unit *
* All development in areas of good public transport accessibility and/or town centres should aim for less than 1 space per unit. The needs of disabled residents will need to be taken into account in developments with low car parking provision, so that adequate spaces, either on site or convenient dedicated on-street spaces, are identified for occupants.
Source: London Plan (Consolidated with alterations since 2004), A25
141. In relation to the residential parking provision of 8 spaces in total, 3 of these will be allocated to the residential units which provide wheelchair accessible housing. These 3 residential units are provided in accordance with policy which identifies that 10 percent of the new housing shall be designed to wheelchair accessible to accommodate persons with disabilities. One of the design criteria for wheelchair accessible housing is required to meet is that appropriate and dedicated parking provision is provided. The provision of these spaces is considered to meet the essential needs of these units and their intended occupants.
142. The scheme provides 8 residential parking spaces and proposes 31 residential units. The provision is therefore 0.26 spaces per dwelling. The identified Islington UDP policy allows for a maximum of 0.5 spaces per dwelling and the London Plan standards a higher provision than this. These standards identify that in town centres and area of high or good public transport accessibility a lower parking provision than these maximum standards should be achieved. The site as previously clarified is in part within the Nags Head Town Centre. The PTAL rating for the site is 4/5 on a scale which runs from level 1a (lowest) to 6a (highest) incorporating 7 different ratings. The level of residential parking provision in evaluation is considered to respond appropriately to the standards identified and the site context being significantly below the maximum provision identified.
143. In addition to the residential car parking proposed 2 parking spaces are to be provided for the use of operations within the flexible commercial/community use provided onsite. Of these 2 spaces parking spaces, 1 will be allocated for the use of persons with disabilities and/or mobility impairments employed within the use operating from the ground and basement floorspace. While it is understood that none of the future employees of the site may be persons with disabilities or such persons may be intermittently employed at this location it is considered appropriate that such a provision is in place at all times to ensure that barriers or obstacles to employment are removed.
144. The provision of an operational parking space for the commercial/ community use is considered broadly to be acceptable. Planning policy within the Islington UDP and London Plan identifies that off street commercial car parking can be provided. If approved the floorspace identified at ground and basement floorspace may be occupied as a Doctors Surgery or Health Centre. Parking facilities for such employees is identified as an essential need within the Islington UDP and should be provided within new development of this type.
145. In relation to off-street parking and the concerns of respondents and previous planning committee members it should be clarified that officers have requested and agreed to enter into a S106 agreement that will remove the rights of occupiers of the development to obtain on street car parking permits. This will ensure that there is no additional demand placed on existing on street parking facilities in the locality.
146. In relation to parking provision on this site, Members of the North Area Planning Committee which considered application LBI reference P091833 raised concerns in relation to avoiding a situation like that which has arose at a previously consented scheme in a different area of the borough where the restraints in relation to parking provision were agreed in 2002. Following the consideration of that application the Council has in accordance with relevant policy to reduce private vehicle use, traffic congestion and demand on parking facilities secured via S106 agreements an obligation that ensures that occupants of major developments shall not be able to obtain on-street car parking permits. To clarify in the event of occupants deciding not to occupy parking facilities on site they will not be able to park on street given their ineligibility for permits.
147. The provision and the allocation of 10 parking spaces across the site is seen as an appropriate response to the reason for refusal for application ref P091833 in relation to parking provision. It is noted that the Council’s Core Strategy Submission Document 2010 identifies that new development shall be car free, meaning no parking provision will be allowed on site and occupiers will have no ability to obtain car parking permits, except for parking needed to meet the needs of disabled people. As clarified this document carries limited weight given that it is not adopted and has not undergone independent examination by a planning inspector. In relation to this policy of the Core Strategy the consultation responses to the document have identified that this policy should allow for largely car free development but should allow provision for essential needs including operational demands.
148. The parking provision on site is considered to accord with adopted policy as identified above. It is considered that a condition should be attached to the permission requiring a management plan for the parking facilities to be formally submitted and approved by the local authority.
149. The scheme shows the provision of cycle parking at ground floor level and within the basement level to provide facilities for residential and commercial occupiers and users. This element of the proposal is welcomed and is considered to provide satisfactory facilities to meet the needs of residents and commercial employees. Changing facilities have also been provided at basement level as part of the proposal within the commercial floor space. These facilities are considered to facilitate and encourage the use of sustainable forms of transport. The detailed design of the external cycle lockers are to be approved by condition.
150. Sustainability and Energy The scheme indicates that the proposed redevelopment shall balance environmental performance with the need for a safe and healthy internal environment. A commitment has been made to meeting Code of Sustainable Homes ‘level 4’ for the residential dwellings. In relation to the commercial element of the proposal a condition is attached which requires the development to achieve BREEAM rating of ‘Very Good’ aspiring for ‘Excellent’ for the flexible commercial units.
151. Conditions are attached requiring the submission of: subsequent reports demonstrating the development meets the Code of Sustainable Homes and BREEAM levels, and details relating to the provision of biodiversity based green and brown roofs.
The development is also required to meet the Council and the mayor’s objective to provide a 20% reduction in C02 emission through the provision of onsite renewable energy sources. The applicant has submitted a sustainability energy statement in relation to this matter, and the proposed development can be seen to incorporate photovoltaic solar panels at roof level in order to part meet this reduction. This target reduction in relation to the use of renewable energy sources is conditioned as part of the officer recommendation.
152. The proposal also incorporates the inclusion of a green wall on its eastern side elevation. This feature is considered acceptable in design terms and its success would be considered to have a positive impact in terms of sustainability and biodiversity on the site and also promoting such considerations within the borough given its visibility within the public realm. A condition is recommended in relation to the provision of the green wall requiring full details to be submitted together with a method statement and management plan for its long term maintenance in order to ensure that the environmental benefits are long term as well as protecting the visual appearance of the surrounding area.
Summary
153. The proposed development for the site to provide a residential led mixed use development is considered appropriate to this location.
154. The development provides high quality residential accommodation in relation to the layout, access arrangement and amenity space provided. It is considered an appropriate mix of units to meet the identified needs of the borough. The density of the development has been established as being sustainable in this location. The proposal in the context of existing market conditions and viability implications is considered to provide the maximum reasonable level of affordable housing.
155. The provision of a commercial or community use at ground floor level towards the Holloway Road junction and basement level is considered to be appropriate in this location part within the Nags Head Town Centre.
156. The proposed development subject to conditions and S106 obligations is not considered to unacceptably harm the amenities of neighbouring properties for the reasons identified in the above report.
157. The proposal is considered to comply with relevant sustainability polices and provide to a satisfactory level inclusive and convenient access for all.
158. The development is considered to be of a good quality of design and with an appreciation of the benefits of the scheme identified above in the case officers opinion be of a height and scale that is acceptable in this location.
159. The previous planning application P091833 was assessed with consideration of various planning matters as was found unacceptable in relation to issues under the headings of housing, design and parking. The other aspects of the scheme for instance in relation to sustainability, accessibility, existing tree protection considerations and policies were assessed within the previous proposal and no objections were raised. The proposal has in relation to these issues maintained the previous form of the proposals and commitments provided.
160. In relation to the reasons for refusals attached to planning application P091833 the scheme is considered by the case officer to have responded appropriately in relation to these matters. The proposal is considered to satisfy relevant policies as discussed in the evaluation section of the report.
Conclusion
161. It is recommended that planning permission be granted for the reasons and details as set out in Appendix 1 – RECOMMENDATIONS.
Appendix 1 RECOMMENDATIONS
APPLICATION NUMBER P0100956 Proposal Demolition of existing buildings on the site fronting onto Tufnell Park Road and replacement with the erection of a five storey building with basement (block A) and six storey building with basement (block B) to provide 31 residential flats and 587 m² floorspace (B1/A1/A2/ specified D1) floor space together with the provision of cycle provision, refuse, servicing, parking, associated outdoor amenity space/landscaping and other associated works and alterations. Drawing No’s APPLICATION PLAN NUMBERS Transport Statement Dated May 2010; Letter from Matthew Craske of Drivers Jonas Deloitte, dated 29/4/10, Daylight and Sunlight Report Dated August 2009 - Drivers Jonas; Design and Access Statement Dated April 2010; Daylight/Sunlight Letter dated 16/12/09 Drivers Jonas; Heritage Impact Assessment Dated April 2010 - CgMs Consulting; Planning Statement Dated April 2010 - DP9; Environmental Noise Survey and PPG24 Assessment Report Dated 11 August 2009 - Hann Tucker Associates; Sustainable Energy Strategy Dated 11th August 2009 – Briary Energy Consultants; Arboricultural Impact Assessment Report Prepared by Adam Hollis Dated 22/12/09; TPR2/P/E/A1/01; TPR2/P/E/A1/02; TPR2/P/A1/02; TPR2/P/A1/03; TPR2/P/A1/04; TPR2/P/A1/05; TPR2/P/A1/06; TPR2/P/A1/07; TPR2/P/A1/08; TPR2/P/A2/01; TPR2/P/A2/02; TPR2/P/A2/03; TPR2/P/A2/04; TPR2/P/A2/05; TPR2/P/A2/06; TPR2/P/A2/10; TPR2/P/A3/01; TPR2/P/A3/02; TPR2/P/A3/03; TPR2/P/S/01; TPR2/P/S/02; TPR2/P/S/03; TPR2/P/A1/50; TPR2/P/B1/01; TPR2/P/B2/01; TPR2/P/C1/01; Replication of Employment Space by Shaw Corporation May 2010, Affordable Housing Economic Appraisal by Shaw Construction dated May 2010 (LBI REG : 09561) Letter from David Morris to J Wilson dated 24/05/10 (LBI REG : 09562) Letter from David Morris to J Wilson dated 07/07/10; TRP2/P/A1/01 A (LBI REG 09563) Letter from David Morris to J Wilson dated 07/07/10 including updated affordable housing toolkit information (LBI REG : 095364) Type of applicant Full Planning Application Name of applicant Hayden Bridge Ltd. Case Officer Joe Wilson Area Team North/South Heritage information Adjacent to Mercers Road/Tavistock Terrace C.A. Adjacent to Grade II Listed Building, Archaeological Area WARD North Area – St George’s Ward
Recommendation A
That planning permission be granted subject to the applicant and any mortgagees entering into a Deed of Planning Obligation by means of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) in order to secure the following matters to the satisfaction of the Head of Law and Public Services and the Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader:
1. Affordable Housing provision to be provided (40% as measured by habitable rooms) Comprised of 59.5% social rented and 40.5% intermediate accommodation.
2. A contribution of £185,677 toward sustainable transport and public realm, sport and recreation, community facilities, public open space provision and children and young peoples’ play and recreation.
3. The repair and re-instatement of the footways and highways adjoining the development (to be costed by LBI Highways) and a payment to cover the costs of any other works to the necessary alterations to the public highway e.g. new access arrangements. Conditions surveys may be required.
4. 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 to be paid to LBI (£10,000). Developer/ contractor to pay wages (must meet national minimum wage). London Borough of Islington Construction Works Team to recruit for and monitor placement.
5. Compliance with the Code of Local Procurement,
6. Compliance with the Code of Construction Practice, including a monitoring fee of £4,000. together with the a) Provision of a Construction Logistics Plan; b) Code of Construction Response document confirming what methods and approaches will be used to ensure compliance with the Code of Construction Practice.
7. Removal of occupants’ right to apply for residential or business parking permits.
8. Council's legal fees and in preparing the S106 and officer’s fees for the monitoring and implementation of the S106.
That, should the Section 106 agreement not be completed within a reasonable time from the date the application was made valid, Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader may refuse the application on the grounds that the proposed development, in the absence of a legal agreement fails to secure appropriate planning obligations. ALTERNATIVELY should this application be refused (including refusals on the direction of GOL or The Mayor) and appealed to the Secretary of State, Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader be authorised to enter into an agreement pursuant to S.106 Town and Country Planning Act 1990 to secure to the heads of terms as set out in this report to Committee.
Recommendation B
That the grant of planning permission be subject to conditions to secure the following:
1 Timeframe of Commencement 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 CONDITION: The development hereby approved shall be carried out in accordance with the following approved plans:
Transport Statement Dated May 2010; Letter from Matthew Craske of Drivers Jonas Deloitte, dated 29/4/10, Daylight and Sunlight Report Dated August 2009 - Drivers Jonas; Design and Access Statement Dated April 2010; Daylight/Sunlight Letter dated 16/12/09 Drivers Jonas; Heritage Impact Assessment Dated April 2010 - CgMs Consulting; Planning Statement Dated April 2010 - DP9; Environmental Noise Survey and PPG24 Assessment Report Dated 11 August 2009 - Hann Tucker Associates; Sustainable Energy Strategy Dated 11th August 2009 – Briary Energy Consultants; Arboricultural Impact Assessment Report Prepared by Adam Hollis Dated 22/12/09; TPR2/P/E/A1/01; TPR2/P/E/A1/02; TPR2/P/A1/02; TPR2/P/A1/03; TPR2/P/A1/04; TPR2/P/A1/05; TPR2/P/A1/06; TPR2/P/A1/07; TPR2/P/A1/08; TPR2/P/A2/01; TPR2/P/A2/02; TPR2/P/A2/03; TPR2/P/A2/04; TPR2/P/A2/05; TPR2/P/A2/06; TPR2/P/A2/10; TPR2/P/A3/01; TPR2/P/A3/02; TPR2/P/A3/03; TPR2/P/S/01; TPR2/P/S/02; TPR2/P/S/03; TPR2/P/A1/50; TPR2/P/B1/01; TPR2/P/B2/01; TPR2/P/C1/01; Replication of Employment Space by Shaw Corporation May 2010, Affordable Housing Economic Appraisal by Shaw Construction dated May 2010 (LBI REG : 09561) Letter from David Morris to J Wilson dated 24/05/10 (LBI REG : 09562) Letter from David Morris to J Wilson dated 07/07/10; TRP2/P/A1/01 A (LBI REG 09563) Letter from David Morris to J Wilson dated 07/07/10 including updated affordable housing toolkit information (LBI REG : 095364)
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 CONDITION: Details including appropriate scale drawings and/or samples of all facing materials shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure work is commenced on site. The samples and details shall include:
a) copper cladding;
b) render;
c) timber louvre/screening;
c) window treatment (including sections and reveals);
d) roofing materials;
e) externally visible structural columns;
h) balcony design and balustrading treatment (including sections) (excluding the details required under condition 5);
i) treatment to refuse enclosures;
j) underground car park entrance gate and surrounding area, and
k) any other materials to be used.
Notwithstanding the plans hereby approved, no permission is granted for the exact colour or texture of the indicative materials noted on the approve elevations. The details and samples submitted in response to this condition should include the indicative colours/textures.
The development shall be carried out strictly in accordance with the details so approved and 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 and to examine other, potentially more appropriate, options for the colour/texture of materials. In accordance with policies: 4A.3; 4B.1; 4B.2; 4A.3; 4B.8 and 4B.10 of the London Plan 2008 and policies: Env1; Env2; D1; D4 and D24 of the Islington Unitary Development Plan 2002. 5 No Down Pipes CONDITION: Notwithstanding the plans hereby approved, no plumbing, down pipes, rainwater pipes or foul pipes shall be located to the elevations of Building A and B fronting Tufnell Park Road
REASON: The Local Planning Authority considers that such plumbing and pipes would detract from the appearance of the building and also to protect the long-term health and amenity of existing trees from the requirement of drainage connections outside the building envelope. In accordance with policies: 3D.15 and 4B.1 of the London Plan 2008 and policies: Env5; Env6; D1 and D4 of the Islington Unitary Development Plan 2002. 6 Secure Entrance Systems and Post Boxes CONDITION: Security details relating to each of the communal residential entrances of the development shall be submitted to and approved in writing by the Local Planning Authority prior to any construction works commencing on the entrances. The security details shall relate to:
a) location, access and design of post-boxes; 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.
REASON: To ensure that the security details relating to the communal entrances are appropriate and adequately secure the residential component of the development in accordance with policy 4B.6 of the London Plan 2008 and policy Env12 of the Islington Unitary Development Plan 2002. 6 Lift Overrun and rooftop structures CONDITION: Details of any scheme of:
a) roof-top plant; b) ancillary enclosures/structure; and c) lift over-run
shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall include the location, height above roof level, specifications and cladding.
The development shall be carried out strictly in accordance with the details so approved and maintained as such thereafter.
REASON: In the interest of good design and also to ensure that the Authority may be satisfied that any roof-top plant, ancillary enclosure/structure or the lift over-run do not have a harmful impact on the surrounding streetscene or the character and appearance of the adjoining Conservation Areas in accordance with policies: 4A.3; 4B.1; 4B.2; 4B.8; 4B.10 and 4B.12 of the London Plan 2008 and policies: D1; D4 and D24 of the Islington Unitary Development Plan 2002. 7 CCTV and Lighting CONDITION Details of any scheme of:
a) CCTV;
b) general lighting; and/or
c) security lighting
shall be submitted to and approved in writing by the Local Planning Authority and installed prior to the first occupation of the development. The details shall include the location and full specification of: all lamps; light levels/spill; cameras (detailing view paths); lamps and support structures. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.
REASON: To ensure that the any resulting general or security lighting and CCTV cameras are appropriately located, designed do not adversely impact neighbouring residential amenity and are appropriate to the overall design of the building in accordance with policies 4B.1; 4B.2; 4B.6 and 4B.10 of the London Plan 2008 and policies: D1; D3; D4; Env12; H3 and H7 of the Islington Unitary Development Plan 2002. 8 Unobscured Shopfront Windows CONDITION: The window glass of the ground floor commercial units if in use for operations within the A1 use class shall not be painted, tinted or otherwise obscured and no furniture or fixings which may obscure visibility above a height of 1.4m above finished floor level be placed within 2.0m of the inside of the window glass.
REASON: In the interest of pedestrian security and to secure an appropriate street frontage and appearance in accordance with policies: 4A.1; 4A.2 and 4A.6 of the London Plan 2008 and policies: D1; D3; D4 and Env12 of the Islington Unitary Development Plan 2002. 9 CONDITION: Notwithstanding the plans hereby approved, no permission is granted for the opportunity for overlooking of habitable room windows between residential units provided as part of the development and residential units provided and adjacent residential properties. Amended plans shall be submitted to and approved in writing by the Local Planning Authority which show:
a) A redesign and extension of the proposed louvered screening or other acceptable screening method to the balconies located to the north of the site attached to Apartment 3 and Apartment 05 of Block A as identified on the submitted plants to prevent overlooking between these residential units and residential units within 433 Holloway Road; and
b) installation of a method of screening to the external balcony of apartment 9 of block A as identified on the submitted plans to prevent overlooking of the adjacent residential properties within the north western section of block B; and
c ) notwithstanding the approved plans the glazing of the easterly elevation of apartment 11 within the approved plans shall be obscurely glazed or another appropriate method of screening will need to be installed to address overlooking between this residential unit and apartment 16 and 17 of block B as identified on the approved plans.
d) notwithstanding the approved plans the windows serving the bathroom within apartment 03 and apartment 05 of block A as identified on the approved plans shall be obscurely glazed.
Amended plans shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the Buildings to be occupied. The agreed mitigation / treatment shall be carried out/installed prior to the first occupation of the Buildings and shall be maintained as such thereafter.
REASON: In the interest of protecting neighbouring residential amenity windows in accordance with policies D3; H3 and H7 of the Islington Unitary Development Plan 2002. 11 Inclusive Design CONDITION: The development shall be designed in accordance with the principles of Inclusive Design. To achieve this, the development shall provide the following:
a) disabled toilet facilities within the commercial unit;
b) all residential passenger lifts and commercial platform lifts shall be provided as shown on the plans hereby approved and installed and operational prior to the first occupation of the Building to which they form part;
c) step free access to all accommodation and level thresholds to private gardens/terraces; and
d) mobility scooter storage areas and ancillary charging points as shown on the plans hereby approved
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, in accordance with policy 4B.5 of the London Plan 2008. 12 Wheelchair accessible housing provision CONDITION: The 3 wheelchair / wheelchair adaptable units hereby approved shall be provided prior to the first occupation of the building to which they form part
Notwithstanding the plans hereby approved, the layout/design of the wheelchair / wheelchair adaptable units shall be redesigned in accordance with Wheelchair Accessible Housing standards and details shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall be provided in the following format:
a) plans (and if necessary elevations) to scale 1:50; and
b) a Wheelchair Accessible Units Schedule (WAUS) responding to Islington’s 17 Wheelchair Accessible Housing standards.
The development shall be constructed strictly in accordance with the details so approved.
REASON: To ensure provision of wheelchair accessible units as agreed, 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, in accordance with policy 4B.5 of the London Plan 2008 and policies H3, H7 and H10 of the Islington Unitary Development Plan 2002. 13 Sound Insulations and Noise Targets CONDITION: A scheme for sound insulation and noise control measures shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The sound insulation and noise control measures shall achieve the following internal noise targets (in line with BS 8233:1999):
Bedrooms (23.00-07.00 hrs) 30 dB L , and 45 dB L Aeq max (fast) Living Rooms (07.00-23.00 hrs) 35 dB L , Aeq Kitchens, bathrooms, WC compartments and utility rooms (07.00 –23.00 hrs) 45 dB L Aeq 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 the development hereby approved and shall be maintained as such thereafter.
REASON: To secure an appropriate internal residential environment in accordance with PPG24, policy: 4A.20 of the London Plan 2008 and policies: D3; Env17 and H3 of the Islington Unitary Development Plan 2002. 14 Sound Insulation between commercial and residential floors CONDITION: Full particulars and details of a scheme for sound insulation between the proposed commercial accommodation and above residential dwellings shall be submitted to and approved in writing by the Local Planning Authority prior to superstructure works commencing on site.
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 the development hereby approved, shall be maintained as such thereafter.
REASON: In the interest of protecting future residential amenity against undue noise and nuisance arising from non-residential uses in accordance with PPG24, policy: 4A.20 of the London Plan 2008 and policies: D3; Env17 and H3 of the Islington Unitary Development Plan 2002. 15 Noise Report CONDITION : Prior to any superstructure works commencing on site of the development, the applicant should submit a report, for approval by the Local Planning Authority, on the assessment of all the potential environmental impacts (e.g. noise, air quality including dust and odour):
i) during the construction phase of the development on nearby residents and other occupiers together with means of mitigating any identified impacts.
ii) during the operational phase of the development on the proposed occupiers of the development together with nearby residents and the relevant mitigation measures.
The report will apply the principles and requirements of the Islington Council Code of Construction Practice."
REASON: To secure an appropriate internal residential environment and In the interest of protecting residential amenity against undue noise and nuisance in accordance with PPG24, policy: 4A.20 of the London Plan 2008 and policies: D3; Env17 and H3 of the Islington Unitary Development Plan 2002.
16 Hours of Operation/Servicing – Flexible Units CONDITION: The operating hours of the commercial unit located at ground and basement floor level shall be limited to the following hours; 07.00 – 23.00
All deliveries / collections / visits from service vehicles to the (flexible use) commercial units hereby approved shall only take place between the hours of: Monday to Saturday - (08:00 - 2300) Sundays/Bank Holidays - not at all
REASON: To ensure that resulting servicing arrangements do not adversely impact on existing and future residential amenity in accordance with policies: 3C.18; 3C.23 and 3C.25 of the London Plan 2008 and policies: D3; T15; T21 and T55 of the Islington Unitary Development Plan 2002, 17 Wheelchair Accessible Housing Parking Spaces CONDITION: The 1 wheelchair accesible car-parking space marked space number 8 on drawing no. TPR2/P/A1/01 A and the 2 wheelchair accessible car parking spaces shown on drawing no on TPR2/P/A1/02 in front of apartment 1 within Block A hereby approved shall be provided prior to the first occupation of the building and the parking bay shall be appropriately line-marked and thereafter kept available for the parking of vehicles at all times.
Parking space number 8 on drawing no. TPR2/P/A1/01 A shall be provided and maintained at all times solely for the use of residential occupiers of the wheelchair accessible housing unit identified as apartment 02 within Block B.
1 of the parking spaces at ground floor in front of Block A as shown on drawing number TPR2/P/A1/02 shall be provided and maintained at all times solely for the use of residential occupiers of the wheelchair accessible housing unit identified as apartment 01 within Block A.
1 of the parking spaces at ground floor in front of Block A as shown on drawing number TPR2/P/A1/02 shall be provided and maintained at all times solely for the use of residential occupiers of the wheelchair accessible housing unit identified as apartment 02 within Block A.
The development shall be carried out strictly in accordance with the details so approved and maintained as such thereafter.
REASON: In the interest of ensuring the appropriate provision of parking in accordance with policies D3, T22, H3, H7, H10 and T23 of the Islington Unitary Development Plan 2002 and policy 4B.5 of the London Plan 2008. 18 Basement and Ground level cycle parking provision CONDITION: Details of the bicycle parking shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall relate to and include the:
a) Design and final layout of the of the bike storage lockers and new racks to be installed at street level; and
b) Details of the management, access and security arrangements for bicyle storage areas at basement and ground floor level.
The approved cycle storage shall be provided/erected prior to the first occupation of the residential dwellings and commercial unit of Building to which they form part.
The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.
REASON: To ensure adequate cycle parking is available and easily accessible on site and to promote sustainable modes of transport in accordance with policy 3C.22 of the London Plan 2008 and policies: T34 and T52 of the Islington Unitary Development Plan 2002. 19 BREEAM and Code of Sustainable Homes CONDITION: Evidence confirming that the development achieves:
a) Code of Sustainable Homes rating of no less than ‘rating 4’; and b) A BREEAM (2008) Office rating of no less than ‘Very Good’ – aspiring for ‘Excellent’
shall be submitted to and approved in writing by the Local Planning Authority. The evidence shall be provided in the following formats and at the following times:
1. a design stage assessment, supported by relevant BRE interim certificate(s), shall be submitted at pre-construction stage prior to commencement of superstructure works on site; and
2. a post-construction assessment, supported by relevant BRE accreditation certificate(s), shall be submitted following the practical completion of the development and prior to the first occupation.
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 addressing climate change and to secure sustainable development in accordance with policies: 4A.1; 4A.2; 4A.3 and 4A.9 of the London Plan 2008 and policies: Env1 and Env2 of the Islington Unitary Development Plan 2002. 20 Biodiversity Green/Brown roofs CONDITION: Details of the biodiversity (green/brown) roof shall be submitted to and approved in writing by the Local Planning Authority prior to occupation of the development. The biodiversity (green/brown) roof shall be:
a) biodiversity based with extensive substrate base (depth 50-150mm); b) laid out generally in accordance with plan 06-998 PL14 hereby approved; and c) planted/seeded with an agreed mix of species within the first planting season following the practical completion of the building works.
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 development shall be carried out strictly in accordance with the details so approved 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 in accordance with policies: 3D.14; 4A.3; 4A.9 and 4A.11 of the London Plan 2008 and policies: Env1; Env2 and Env24 of the Islington Unitary Development Plan 2002. 21 Renewable CONDITION: The renewable energy technologies, which shall provide for no less than 20% on-site C02 reduction as detailed within the 'Energy Statement' shall be installed and operational prior to the first occupation of the development. Details of the renewable energy technologies shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site.
Should, following further assessment, the approved renewable energy option be found to be no-longer suitable:
a) A revised scheme of renewable energy provision, which shall provide for no less than 20% onsite C02 reduction, shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site, 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 C02 emission reduction targets by renewable energy are met in accordance with policies: 4A.4 and 4A.7 of the London Plan 2008 and policies Env1; Env2 and Env38 of the Islington UDP 2002.
22 Design of New footways/Hard surfacing and Landscaping incl. section & relationship to trees CONDITION: Not withstanding the plans provided and section TPR2/P/B1/01 details of new and extended footways/hard surfacing and landscaping affronting the site with Tufnell Park Road shall be submitted prior to any superstructure works commencing on site. Detailed design and construction details relating to those footways/hard standing, landscaping and associated works shall be submitted to and approved in writing by the Local Planning Authority. This includes
The design and construction details of the footways, hard surfacing and landscaping shall provide confirmation of materials used, drainage proposals and the relationship/impact of the footway construction and drainage proposals to existing retained trees including current and proposed levels
The new and extended footway, hard surfacing and landscaping shall be constructed strictly in accordance with the details so approved and maintained as such thereafter.
REASON: To ensure that the new and extended footways, hard surfacing and landscaping are appropriate, do not harm existing trees and meet with the council’s design criteria. In accordance with policies: 3D.15 of the London Plan 2008 and policies: Env5; Env6 of the Islington Unitary Development Plan 2002. 23 Tree Pruning Works CONDITION: Notwithstanding any other plans or documents hereby approved, permission is hereby granted only for the tree pruning works detailed within the ‘Arboricultural Impact Assessment Report’ ref: CLA/TR/AIA/01C, dated 11th February 2010 and appendix 2 of said report Recommended Tree Works hereby approved.
Tree pruning shall be carried out strictly in accordance with the details so approved and no change shall take place without prior written approval of the Local Planning Authority.
REASON: In the interest of the protection of trees and to safeguard visual amenities in accordance with policy 3D.15 of the London Plan 2008 and policy Env6 of the Islington Unitary Development Plan 2002 24 Tree protection – Ground Protection CONDITION: Notwithstanding any other plans or documents hereby approved, a detailed tree protection plan shall be provided clearly identifying the root protection area (RPA) and tree protection measures to be submitted and approved in writing by the Local Planning Authority.
Notwithstanding the indicative tree protection details submitted, no development shall be commenced unless and until adequate protection of all trees and tree root systems on site, bordering and adjacent to the site have been submitted to and approved in writing by the Local Planning Authority and enacted (retention/protection shall be in accordance with BS 5837, 2005 'Trees in Relation to Construction'). The details shall include the location of Tree Protection Fencing (TPF), Ground Protection and Construction Exclusion Zone (CEZ), site huts and welfare facility storage and the specification of the hoarding and ground protection.
Tree protecting fencing shall consist of a rigid 2.4 metre OSB, exterior grade ply high sterling board hoarding or weld mesh. Heras fencing in concrete, rubber or similar foot plates is not acceptable as a form of tree root protection. Ground protection shall consist of a specification of material that is sufficiently substantial that it can not be moved, lifted or relocated and a method statement for it preparation and removal from site.
REASON: To protect the health and stability of trees to be retained on the site, and to ensure that a satisfactory standard of visual amenity is provided and maintained in accordance with policy 3D.15 of the London Plan 2008 and policy Env6 of the Islington UDP 2002. 25 Watching Brief – Retained Trees CONDITION: No works shall commence on site unless and until an Arboricultural Tree Protection Site Pack (ATPSP) which details an inspection regime and watching brief relating to all the retained trees on or adjacent to the site submitted and approved in writing by the Local Planning Authority.
The ATPSP shall include: a schedule of any activities that are perceived to be likely to impact or influence the health, wellbeing or amenity of the trees on or adjacent to the site – such as pruning works, excavations for foundation, removal and emplacing of surfaces, tree and ground protection installation, tree protection fencing; together with a schedule of monitoring and arboricultural supervision, method statements, report submission after regular periodic compliance inspections, brief site inspection report with photos and tool-box training.
The works shall be carried out strictly in accordance with the ATPSP so agreed and no change there from shall take place unless otherwise agreed in writing by the Local Planning Authority. Any breaches or non-compliances with the agreed ATPSP must be reported to the Local Planning Authority’s Tree Protection Team as soon as practical and confirmed in writing no later than six (6) hours of the event. Photographic evidence of any breaches or non-compliances together with remedial measures and proposed timescale for remediation shall be agreed in writing by the Local Planning Authority’s Tree Protection Team and shall be carried out as agreed and in accordance with the agreed timescale.
The ATPSP, site inspection regime and watching brief shall be undertaken by a suitably qualified arboricultural consultant or landscape architect.
REASON: To ensure that the existing, retained trees are adequately protected during the construction process in accordance with policy 3D.15 of the London Plan 2008 and policy Env6 of the Islington UDP 2002.
26 Scaffolding CONDITION: All scaffolding that is located within 2m of the crowns of established trees 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 ensure there is no further requirement for pruning beyond that detailed in the Arboricutural Implications Assessment Report, appendix 2 Recommended Tree Works, during or post construction and to protect the long term health and amenity of the trees in accordance with policy 3D.15 of the London Plan 2008 and policy Env6 of the Islington UDP 2002. 27 Underground Services CONDITION: No works shall commence on site until the details of all proposed underground services together with the treatment/removal of redundant underground services, demolition/partial removal of the boundary/perimeter wall have been submitted to and approved in writing by the Local Planning Authority. The details shall include the type, location and relationship to adjoining footpaths, trees and/or proposed tree-pits.
No underground services shall be installed within the Root Protection Area (RPA) of the trees to be retained.
Permission for excavations for statutory undertakers services or mains within the canopy spread of any tree shall only be granted in exceptional circumstances and when it has been demonstrated to the satisfaction of the Local Planning Authority that no other alternative route or method of installation can be achieved for those statutory undertakers services. Any excavations which may be agreed shall be undertaken in accordance with the guidance set out in NJUG Volume 4 ‘Guidelines for the Planning Installation and Maintenance of Utility Apparatus in Proximity to Trees’ (Issue 2).
The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.
REASON: To ensure that the development does not unduly damage existing established protected trees and does not prejudice the planting of trees in accordance with policies: 3D.15; of the London Plan 2008 and policies: Env6 of the Islington Unitary Development Plan 2002. 28 Landscaping (hard and soft) CONDITION: A detailed landscaping scheme for the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencent of superstructure works onsite. The detailed landscaping shall include the following details with particular attention to minimising the disturbance and construction activities in the RPA’s of the retained tree(s) on and adjacent to the site (including cross-section of current and proposed level and construction detail;
a) Any existing and proposed underground services and their relationship to both hard and soft landscaping; b) proposed trees: their location, species and size (which shall be no less that 18-20cm girth), maturity and provenonce; the tree pit’s location and its dimensions and depths in relation to: ground levels, underground services; hard landscaping c) soft plantings: including grass and turf areas, shrub and herbaceous areas; d) topographical survey: including earthworks, ground finishes, top soiling with both conserved and imported topsoil(s), levels, drainage and fall in drain types; e) hard landscaping: including ground surfaces, kerbs, edges, ridge and flexible pavings, unit paving, steps and if applicable synthetic surfaces; f) enclosures: including types, dimensions and treatments of walls, fences, screen walls, barriers, rails, retaining walls and hedges; and g) any other landscaping feature(s) forming part of the scheme.
All landscaping in accordance with the approved scheme shall be completed / planted during the first planting season following practical completion of the development hereby approved. The landscaping and tree planting shall have a two year maintenance / watering provision following planting and any trees or shrubs which die within five years of completion of the development shall be replaced with the same species or an approved alternative and to the satisfaction of the Local Planning Authority.
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 biodiversity, sustainability, and to ensure that a satisfactory standard of visual amenity is provided and maintained in accordance with policies: 3D.14 and 4B.5 of the London Plan 2008 and policies: Env1; Env2; D3; D6 and D8 of the Islington Unitary Development Plan 2002. 29 Land Contamination CONDITION: No development/demolition works shall be commenced unless and until the following assessment in response to PPS23 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) Any necessary remedial land contamination 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 there from shall take place without the prior written consent of the Local Planning Authority.
REASON: To safeguard the health and safety of future occupants as the site may be contaminated due to the previous use in accordance with PPS23 and policy 4A.33 of the London Plan 2008.
30 Refuse CONDITION: Details of the dedicated refuse / recycling enclosure together with a waste management strategy shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing onsite; and the approved enclosure shall be provided/erected prior to the first occupation of the buildings hereby approved.
The development shall be carried out strictly in accordance with the details and waste management strategy approved and 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 in accordance with policy: 4A.22 of the London Plan 2008 and policies: D3 and Env38 of the Islington UDP 2002. 31 Archaeology CONDITION: No development shall take place until the applicant, their agent or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme for investigation which has been submitted by the applicant and approved by the Local Planning Authority.
REASON: Important archaeological remains may exist on this site. Accordingly the planning authority wishes to secure the provision of archaeological investigation and the subsequent recording of the remains prior to development, in accordance with the guidance and model condition set out in PPG16, policy: 4B.15 of the London Plan 2008 and policies: D43; D44; D45; D46 and D47 of the Islington UDP 2002. 32 Management Plan CONDITION: A Delivery and Parking Management plan/strategy shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing onsite; Details covered within the management plans shall include:
1. Details of how the basement parking area and allocation of spaces will be managed
2. Details of the predicted activities and impact of deliveries, service management and refuge collection on transport (and the adjoining transport network). This should include managing potential conflict between refuge and delivery vehicles with pedestrians, cyclists and other road users. The number and type of vehicles expected to serve the development should be detailed.
The development shall be carried out strictly in accordance with the details and management strategy approved and maintained as such thereafter.
REASON: To ensure that responsible management practices are adhered to in the interests of public safety and neighbouring amenity. 33 Car Parking CONDITION: The car-parking spaces shown on drawing no. TPR2/P/A1/01 and TPR2/P/A1/02 hereby approved shall be provided prior to the first occupation of the building and the parking bays shall be appropriately line-marked and thereafter kept available for the parking of vehicles at all times.
Car parking spaces 1,2,3,4 and 5 as marked on drawing no. TPR2/P/A1/01 A shall be provided and maintained at all times solely for the use of residential occupiers of the development hereby approved.
Car parking space 6 drawing no. TPR2/P/A1/01 A shall be provided and maintained at all times solely for the use of employees of the commercial and/or community use hereby approved within the development.
Car parking space 7 as marked on drawing no. TPR2/P/A1/01 A shall be provided and made available at all times for the use of employed person with disabilities of the commercial and/or community use hereby approved within the development.
The development shall be carried out strictly in accordance with the details so approved and maintained as such thereafter.
REASON: In the interest of ensuring the appropriate provision of parking in accordance with policies D3, T22 and T23 of the Islington Unitary Development Plan 2002. 34 No Betting Shop CONDITION: The ground floor and basement commercial use premises identified on plan number TPR/P/A1/01 A and TRP/P/A1/02 B shall not be used as a premises occupied by a Betting Shop within the A2 use class.
REASON: In the interest of securing sustainable development and to protect neighbouring amenity and in accordance with the objectives of PPS1 Delivering Sustainable Development and policies Env1, Env17, D3, of the Islington UDP 2002.
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 ‘practical completion’. The Council considers the definition of ‘superstructure’ as meaning: 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 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. 4 Skips and Vehicles All vehicles associated with the construction and demolition of the development must only park/ stop at permitted locations and within the time periods permitted by existing on-street restrictions.
No skips or construction materials shall be kept on the footway or carriageway on the TLRN at any time. 5 In relation to the noise report condition The GLA and London Councils have produced 'Best Practice Guidance' to control dust and emissions from construction and demolition. The Guidance is intended to be used to inform the planning process within London boroughs; assisting developers in understanding the methods available to them to effectively deal with air quality issues. The guidance asks for sites to be risk assessed and dependent on that score suggestions for monitoring & site specific control measures, such as wheel washing, are proposed (document available at http://www.london.gov.uk/mayor/environment/air_quality/construction- dust.jsp)
5 Thames Water Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Water pipes. The developer should take account of this minimum pressure in the design of the proposed development.
With regard to surface water drainage it is the responsibility of the developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer prior approval from Thames Water Developer Services will be required.
6 Archaeology ARCHAEOLOGY The development of the site is likely to damage archaeological remains. The applicant should therefore submit detailed proposals in the form of an archaeological project design. The design should be in accordance with the appropriate English Heritage guidelines.
RECOMMENDATION C That if members are minded to approve this proposal officers recommend that the following summary forms the reasons for grant to be published on the decision notice:
This proposal has been approved following consideration of all the relevant policies in the Development Plan (Unitary Development Plan 2002 and the London Plan 2008), Government Planning Policy Guidance/Statements and other material considerations.
- This decision was made by the Members of the Planning Committee on the 29th July 2010.
- The proposed change of use of the site to provide for a residential led mixed-use development is considered appropriate in this location. All of the accommodation created is of a high standard of design and appropriate layout and the new flexible commercial or community accommodation would create local employment opportunities or provide services of significant community value. The development complies with policies: 3A.3; 3B.1; 3B.2; 3B.2; 3B.11; 5G.2; 5G.3 and 5G.4 of the London Plan 2008, policies: D3; E1; E2; E3; E4, E7, S1, S2, S27; S29; S31, Imp5 and Imp 6 of the Islington Unitary Development Plan 2002, and policies 3, 10, 12, 13, 14 of the Core Strategy Submission Document June 2010.
- Overall the development is considered to have an acceptable impact on the character and appearance of adjoining Conservation Area and setting and/or landmark status of nearby listed buildings. The development is in accordance with PPS5, policies: 4B.1; 4B.2; 4B.3; 4B.8; 4B.11 and 4B.12 of the London Plan 2008, and policies: D1, D3, D4, D5, D22; D24 of the Islington Unitary Development Plan 2002 and policy 9 of the Core Strategy Submission Document June 2010.
- 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. The development is in accordance with policies 4B.1 and 4A.20 of the London Plan 2008, policies Env1, Env17, D3 of the Islington UDP 2002 and policies D10 of the Core Strategy Submission Document June 2010 which seek to ensure that new developments do not have an unacceptable impact on existing/future residential amenity.
- The proposed residential density is considered to be appropriate given the Site’s location, its context and the overall quality of the proposal. The proposed dwelling mix is considered to be acceptable and would provide for housing that would go towards meeting identified need within the borough. The development complies with policies 3A.3 and 3A.5 of the London Plan, policies H14, H15 of the Islington UDP 2002 and policy 12 Core Strategy Submission Document June 2010.
- The development provides for 35% affordable housing. A financial viability assessment has been submitted and is considered to justify the provision of a level of affordable housing. The affordable housing offer is considered to be the maximum reasonable amount the Site can deliver given its constraints and the viability implications. The development is considered to be in line with policies 3A.5, 3A.9 and 3A.10 of the London Plan, policy H14 of the Council's UDP 2002 and policy 12 of the Core Strategy Submission Document 2010, which seek to secure the maximum reasonable amount of affordable housing that a site can provide.
- The resulting residential accommodation is considered to be of an appropriate standard, quality and amenity. The development is in accordance with PPG24 and policies: 3A.3; 3A.6; 3A.17 and 3D.13 of the London Plan and policies: H3; H7; H10; of the Islington UDP 2002.
- The proposal would provide for inclusive and convenient access for all within the development. The development therefore complies with policies 4B.5 and 4B.6 of the London Plan and policies Env2, Env12 and D3 of the Islington Unitary Development Plan 2002 and policy 12 of the Core Strategy Submission Document 2010, which seek to secure appropriate and inclusive designs for developments.
- The development provides for suitable habitats in the form of a green roofs, green wall and a landscaped communal area and subject to condition would retain and protect the existing trees on and adjacent to the site and provide new tree planting. The development is in accordance with policies: 3D.14; 3D.15; 4A.3; 4A.14 and 4B.1 of the London Plan 2008 and policies: Env1; Env2; Env7; Env24 and D3 of the Islington Unitary Development Plan 2002 and policy 10 of the Core Strategy Submission Document 2010, which seek to protect existing trees and improve biodiversity.
45. The development is considered to achieve a good standard of sustainability, provides for acceptable energy efficiency measures and subject to condition would provide for an acceptable scheme of on-site renewable energy provision. The development is in line with policies 4A.3, 4A.4, 4A.7, 4A.9, 4A.11 and 4A.14 of the London Plan 2008, policies Env32 and Env38 of the Council's Unitary Development Plan 2002 and policy 10 of the Core Strategy Submission Document 2010, which seek to secure sustainable developments in the interest of mitigating climate change.
46. The development would provide for appropriate servicing arrangements, cycle provision and refuse/recycling enclosures. The scheme is not considered to adversely impact on the existing surrounding street network or access to on-street parking. The development is in line with policy 3C.22 of the London Plan 2008 and policies T4, T18, T23, T34, T45, T52, T55 and T56 of the Unitary Development Plan 2002, which seek to ensure that developments are appropriately planned in terms of their highway and transportation implications.
- Consideration has been given to the objections made regarding the impact on neighbouring amenity of nearby properties (i.e. daylight and sunlight, privacy, outlook) and also regarding: the height, scale, appearance, density of the development, together with its impact on listed buildings and Conservation Areas. However, the objections are not considered to be of sufficient weight to outweigh the reasons for granting planning permission. The proposed development is subject to appropriate conditions which seek to facilitate the development and mitigate its potential impacts.
- Obligations and financial contributions have been secured towards environmental, infrastructure, services and housing required to facilitate and also mitigate potential impacts of the proposed development. The obligations and financial contributions are in line with Government Circular 05/05, policies 3B.3 and 6A.4 of the London Plan 2008, policies Imp13 and Imp14 of the Council's Unitary Development Plan 2002, and policies 13, 14, 15, 16 and 17 of the Core Strategy Submission Document 2010. Ensuring that legal agreements and contributions are: reasonable; necessary; relevant to planning; and related to the development.