Agenda item
Cutty Sark House, Undine Road, London
Decision:
Update report Tabled.
On a vote of 3 for 1 against and 1 abstention, the Committee RESOLVED
1. That the planning permission for the demolition of existing building and erection of two buildings (1 x 4-storey and 1 x 5-storey) to provide 26 residential units and associated landscaping be GRANTED subject to:-
A. The prior completion of a legal agreement to secure the following planning obligations:
a) Twenty-six units (100% of the development) is secured as affordable housing, with a tenure spilt of 63% social rent to 37% intermediate in terms of habitable rooms.
b) A contribution of £148,300 towards mitigating the demand for local primary school places.
c) A contribution of £ 6,136 towards library facilities in the borough.
d) A contribution of £27,622 towards leisure facilities in the borough.
e) A contribution of £47,342 towards mitigating the demand for local open space.
f) 100% of development to be car free.
g) Any other planning obligation(s) considered necessary by the Corporate Director of Development & Renewal.
2 That the Corporate Director Development & Renewal is delegated power to negotiate the legal agreement indicated above and that, if within 6-weeks of the date of this committee (22nd December 2010) the legal agreement has not been completed, the Corporate Director Development & Renewal is delegated power to refuse planning permission.
3 That the Corporate Director Development & Renewal is delegated power to impose conditions and informatives on the planning permission to secure the following matters:
4 Conditions
1. Three year time limit
2. Consent granted in accordance with Schedule of Drawings
3. Samples / pallet board of all external facing materials (including reveals and timber cladding) and typical details to be approved prior to commencement of works
4. Obscure glazing to all windows proposed within east flank elevation of western block.
5. Detail of landscaping scheme to include hard and soft landscaping, child play space, any gates, walls, fences and a Landscape Maintenance and Management Plan to be submitted, approved and implemented prior to occupation
6. Green and brown roofs to be implemented in accordance with plans
7. Details of cycle parking.
8. Construction Management Plan to be submitted, approved by the LPA and implemented prior to commencement
9. All residential accommodation to be completed to lifetimes homes standards plus at least 10% wheelchair accessible
10. Disabled parking bay to be designed and constructed in accordance with the standards described in the Department for Transport 'Inclusive Mobility' guidance.
11. All units shall have heat and domestic hot water supplied by Air Source Pumps.
12. Renewables shall be implemented in line with the Sustainability Report
13. Development shall achieve level 4 of the Code for Sustainable Homes
14. Development to be completed in accordance with submitted Flood Risk Assessment
15. Site investigation shall be carried out prior to commencement of development
16. If contamination is encountered at the site, development must cease and the contamination dealt with
17. Piling or other penetrative foundation designs must be approved by the LPA prior to commencement of development
18. Bat survey to be carried out prior to commencement of development and any re-siting of bat nest to take prior to commencement?
19. Hours of construction (08.00 until 17.00 Monday to Friday; 09.00 until 13:00 Saturday. No work on Sundays or Bank Holidays)
20. Schedule of Highway Works to be completed prior to occupation
21. Details of noise transmission/attenuation measures prior to commencement
22. Any other planning condition(s) considered necessary by the Corporate Director Development & Renewal
5 |
Informatives |
1. Section 106 required
2. Section 278 required
3. Wheel cleaning facilities during construction
4. Any other informative(s) considered necessary be the Corporate Director Development & Renewal
Note: Councillor Peter Golds voted against the recommendations.
Minutes:
Update report Tabled.
Mr Owen Whalley, (Service Head Planning and Building Control Development and Renewal), presented the proposal regarding the Cutty Sark House, Undine Road, London.
The Chair invited statements from persons who had previously registered to address the Committee.
Mr David Merson address the Committee in objection. He commented that he was speaking on behalf of the Clippers Quay company who were objecting to the proposal. He expressed concern at the accuracy of the Officers report including the Section 106 Agreement. He requested that the application be deferred pending receipt of a proper report addressing the issues.
Mr Merson considered that there had been a failure to consult and that those most affected had not been listened to. There had been no representations in support. He considered that the quality of the scheme was questionable. That it would result in overcrowding and was out of keeping with the area. That it would have a serious detrimental affect on the conservation area, and that it was visually intrusive and would lead to a loss of privacy.
It would also have an unacceptable affect on local amenity including the children play area, which was much valued given the number of family units in the area.
There would be small cramped gardens, inadequate private amenity space. The ecology and environmental issues had not been properly addressed. The traffic and parking issues had not been addressed. The Car Free agreement would be unenforceable.
Councillor David Snowdon addressed the Committee in objection. He commented that he was speaking on behalf of the local residents. He considered that they were not opposed to development on this site in principle just this particular scheme. The residents had tried to engage with the developer to make the scheme more sympathetic. They had also carried out a lot of work with community groups to secure the best possible development for this site.
Councillor Snowdon also expressed concern at the quality of the build. He felt that the flat roofs would be out of keeping with the area, that the position of the balcony would create overlooking to the Mudchute Farm area. He commented on the concerns from the farm regarding litter and noise.
Councillor Snowdon also expressed concern at the impact on the adjacent open space (which the government had indicated should be designated open land). The Section 106 agreement was also inadequate.
Peter Exton addressed the Committee in support of the application. He addressed the concerns about the impact on the adjacent land. The Applicant had carried out a lot of work to address the issues. The scheme would not impinge on open space. If refused, the project may be re submitted as private development and that this may result in a loss of affordable housing.
Ms Ila Robertson (Applications Manager Development and Renewal) presented the detailed report. She comprehensively explained the proposal, the site and surrounding, the planning history, the material objections received in response to the consultation. The key issues concerning land use, design, density, amenity and highways impacts.
Ms Robertson considered that the level of affordable housing in the scheme would not have an adverse impact. The transport, sustainability, design and density issues were considered acceptable and accorded with policy. She also clarified the reasons why the unlawful wall could not be considered as permitted development.
In response to the presentation, Members discussed the following issues:
- Practicalities of enforcing the Car Free agreement given the number of family sized units.
- Adequacy of the financial contributions to mitigate impact on schools, libraries etc.
- Ecology issues.
- Loss of open space.
- Impact on Mudchute Farm and the surrounding open space.
- That the issues around the unauthorised wall be clarified.
In reply to the questions, Officers reported the following points:
- Clarified the S106 calculation/formula process designed to ensure the contributions were relevant to the scheme and mitigated impacts. The contributions must meet the statutory tests and guidance in government circulars.
- That the Car Free agreement would be robustly monitored. There was a known sound system in place for monitoring these agreements.
- That the land around the site is a development site and is not designated as open space by the development plan.
- That Mudchute Farm was some 80 meters away and was separated by roads and three DLR lines.
- That the issue of the unauthorised wall was being investigated by the Council’s Enforcement Team.
Consequently on a vote of 3 for 1 against and 1 abstention, the Committee
RESOLVED
1. That the planning permission for the demolition of existing building and erection of two buildings (1 x 4-storey and 1 x 5-storey) to provide 26 residential units and associated landscaping be GRANTED subject to:-
A. The prior completion of a legal agreement to secure the following planning obligations:
a) Twenty-six units (100% of the development) is secured as affordable housing, with a tenure spilt of 63% social rent to 37% intermediate in terms of habitable rooms.
b) A contribution of £148,300 towards mitigating the demand for local primary school places.
c) A contribution of £ 6,136 towards library facilities in the borough.
d) A contribution of £27,622 towards leisure facilities in the borough.
e) A contribution of £47,342 towards mitigating the demand for local open space.
f) 100% of development to be car free.
g) Any other planning obligation(s) considered necessary by the Corporate Director of Development & Renewal.
2 That the Corporate Director Development & Renewal is delegated power to negotiate the legal agreement indicated above and that, if within 6-weeks of the date of this committee (22nd December 2010) the legal agreement has not been completed, the Corporate Director Development & Renewal is delegated power to refuse planning permission.
3 That the Corporate Director Development & Renewal is delegated power to impose conditions and informatives on the planning permission to secure the following matters:
4 Conditions
1. Three year time limit
2. Consent granted in accordance with Schedule of Drawings
3. Samples / pallet board of all external facing materials (including reveals and timber cladding) and typical details to be approved prior to commencement of works
4. Obscure glazing to all windows proposed within east flank elevation of western block.
5. Detail of landscaping scheme to include hard and soft landscaping, child play space, any gates, walls, fences and a Landscape Maintenance and Management Plan to be submitted, approved and implemented prior to occupation
6. Green and brown roofs to be implemented in accordance with plans
7. Details of cycle parking.
8. Construction Management Plan to be submitted, approved by the LPA and implemented prior to commencement
9. All residential accommodation to be completed to lifetimes homes standards plus at least 10% wheelchair accessible
10. Disabled parking bay to be designed and constructed in accordance with the standards described in the Department for Transport 'Inclusive Mobility' guidance.
11. All units shall have heat and domestic hot water supplied by Air Source Pumps.
12. Renewables shall be implemented in line with the Sustainability Report
13. Development shall achieve level 4 of the Code for Sustainable Homes
14. Development to be completed in accordance with submitted Flood Risk Assessment
15. Site investigation shall be carried out prior to commencement of development
16. If contamination is encountered at the site, development must cease and the contamination dealt with
17. Piling or other penetrative foundation designs must be approved by the LPA prior to commencement of development
18. Bat survey to be carried out prior to commencement of development and any re-siting of bat nest to take prior to commencement
19. Hours of construction (08.00 until 17.00 Monday to Friday; 09.00 until 13:00 Saturday. No work on Sundays or Bank Holidays)
20. Schedule of Highway Works to be completed prior to occupation
21. Details of noise transmission/attenuation measures prior to commencement
22. Any other planning condition(s) considered necessary by the Corporate Director Development & Renewal
5 |
Informatives |
1. Section 106 required
2. Section 278 required
3. Wheel cleaning facilities during construction
4. Any other informative(s) considered necessary be the Corporate Director Development & Renewal
Note: Councillor Peter Golds voted against the recommendations.
Supporting documents: