Agenda item
Land bounded by Bow Common Lane, Furze Street and Devons Road, Devons Road, E3
Decision:
On a vote of 6 for and 3 against, the Committee RESOLVED that planning permission for the construction of 78 residential units comprising one, two and three bedroom apartments and three and four bedroom town houses in blocks ranging in height from 3 to 6 storeys and of 22 sq m of A1 (Shop), A2 (Financial and Professional Services), B1 (Business) or D1 (Non-residential institution) on land bounded by Bow Common Lane, Furze Street and Devons Road, Devons Road, E3 be GRANTED subject to
1. Referral to the Secretary of State pursuant to the Town and Country Planning (Development Plans and Consultation) (Departures) Directions 1999, as a departure from the Development Plan involving an alternative development on land allocated for public open space and industrial employment in the Tower Hamlets Unitary Development Plan 1998.
2. The prior completion of a legal agreement, to the satisfaction of the Chief Legal Officer to secure the following:
a) Affordable housing provision of 35% of the proposed residential units measured by floor space with an 80/20 split between rented/shared ownership;
b) A financial contribution of £345,000 for the improvement of Furze Green open space (£2,500 per saleable habitable room) and the possible treatment of Furze Street as a Closure/Home Zone.
c) A contribution of up to £30,000 towards a safety audit and mitigation works at the junction of Furze Street and Devons Road.
d) Local labour in construction
e) ‘Car Free’ arrangements to restrict the occupants of the development from applying for residents parking permits.
3. An agreement under section 278 of the Highways Act to fund highway resurfacing and repaving adjacent to the site at Bow Common Lane and Furze Street and for the removal of a redundant crossover on Devons Road.
4. That the Head of Development Decisions be delegated power to impose conditions and informatives on the planning permission to secure the following:
Conditions:
1) Permission valid for 3 years
2) Details of external materials to be submitted for the Council’s written approval prior to the commencement of the development.
3) Details of hard and soft landscaping treatment to be submitted for the Council’s written approval.
4) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season.
5) Investigation and remediation measures for land contamination
6) The submission of a Noise Survey and details of sound insulation/attenuation measures to protect future residents from noise and vibration for the Council’s approval in writing. The sound insulation/attenuation measures as approved shall be implemented and thereafter maintained unless otherwise agreed in writing.
7) Building, engineering or other operations including demolition shall be carried out only between the hours of 8.00 am and 6.00 pm Mondays to Fridays and between the hours of 9.00 am and 1.00 pm Saturdays and shall not be carried out at any time on Sundays or Public Holidays.
8) Any power/hammer driven piling/breaking out of material required during construction/demolition shall only take place between the hours of 10.00 am and 4.00 pm Monday to Friday and at no other time, except in emergencies or as otherwise agreed by the Council in writing.
9) Details of any external lighting to be submitted to the Council for written approval.
10) Any other condition(s) considered necessary by the Head of Development Decisions.
Informatives:
1) This permission is subject to a planning obligation made under Section 106 of the Town and Country Planning Act 1990.
2) With regard to Conditions 5 (Decontamination), you should contact the Council’s Environmental Health Department, Mulberry Place (AH), 4th Floor, PO Box 55739, 5 Clove Crescent, London E14 1BY
3) You are advised that any change of use of the Class A1, A2, B1 or D1 floorspace hereby permitted should accord with Schedule 2, Part 3, Class A of the Town and Council Planning (General Permitted Development Order) 1995.
4) You are advised that the Council operates a Code of Construction Practice and you should discuss this with the Council’s Environmental Health Department, Mulberry Place (AH), 4th Floor, PO Box 55739, 5 Clove Crescent, London E14 1BY.
5) You should consult the Council’s Highways Development Department, Mulberry Place (AH), 4th Floor, PO Box 55739, 5 Clove Crescent, London E14 1BY regarding any alterations to the public highway.
5. That, if by 28th February 2007 the legal agreement has not been completed to the satisfaction of the Chief Legal Officer, the Head of Development Decisions be delegated power to refuse planning permission.
Minutes:
Mr Michael Kiely, Head of Development Decisions, introduced the site and proposal for the construction of 78 residential units comprising one, two and three bedroom apartments and three and four bedroom town houses in blocks ranging in height from 3 to 6 storeys and of 22 sq m of A1 (Shop), A2 (Financial and Professional Services), B1 (Business) or D1 (Non-residential institution) on land bounded by Bow Common Lane, Furze Street and Devons Road, Devons Road, E3.
Mr Phillip Villars spoke in objection to the application on the grounds that the entire Furze Street site should be properly planned to maximise its potential and asked that the item be deferred to allow his company to achieve this.
Mr David Black addressed the Committee on behalf of the applicant and explained that the applicant had worked closely with the Council to comply with the approved Development Brief for the area.
Mr Richard Humphreys, Strategic Applications Manager, presented a detailed report to the Committee, including an update report. A development brief for the area had been approved by the Cabinet in November 2005 and that a decision had been made in principle to sell the Council owned land to the developer. The scheme involved the loss of temporary open space laid out by the Greater London Council. UDP policy allowed for a loss of temporary open space and the intention was that Furze Green would be remodelled in compensation. He outlined the objections which had been received, the issues which the Committee needed to take into consideration when making its decision and the reasons why the officers had recommended the application for approval. The Update Report included an objection on the grounds that the scheme should include more youth provision.
The Committee was shown a computer generated presentation of the proposal in its surroundings. Members asked questions relating to the adjacent lorry scrapyard and the noise and contamination which it generated, the impact on trees, the loss of open space, the approved Development Brief, the amount of affordable housing and the possibility of including youth provision.
The Committee was informed that the noise and contamination would be controlled through conditions. The development brief was supplementary planning guidance and therefore a material consideration which should be given appropriate weight in making a decision. The proposal included the improvement of Furze Green and that there was potential for a youth facility to be incorporated in the scheme.
Members raised concerns in relation to density and the impact of the recommended ‘car free agreement’ and where the addition cars would be displaced to. It was explained that whilst the scheme exceeded the LDF density matrix, it was significantly reduced from a proposal which had been dismissed by the Planning Inspectorate on appeal in 2005 following a refusal by the Development Committee on grounds of overdevelopment. The current proposal was considered to accord with the site’s context. It was also explained that it was national policy not to require a minimum level of car parking provision. The Council’s Highways department had no objections.
It was proposed that a condition be placed on the planning permission to ensure the inclusion of youth provision. Members were informed that it would be unreasonable to condition the use of any aspect of the site. On a vote, the motion was lost.
The Committee RESOLVED that planning permission for the construction of 78 residential units comprising one, two and three bedroom apartments and three and four bedroom town houses in blocks ranging in height from 3 to 6 storeys and of 22 sq m of A1 (Shop), A2 (Financial and Professional Services), B1 (Business) or D1 (Non-residential institution) on land bounded by Bow Common Lane, Furze Street and Devons Road, Devons Road, E3 be GRANTED subject to
1. Referral to the Secretary of State pursuant to the Town and Country Planning (Development Plans and Consultation) (Departures) Directions 1999, as a departure from the Development Plan involving an alternative development on land allocated for public open space and industrial employment in the Tower Hamlets Unitary Development Plan 1998.
2. The prior completion of a legal agreement, to the satisfaction of the Chief Legal Officer to secure the following:
a) Affordable housing provision of 35% of the proposed residential units measured by floor space with an 80/20 split between rented/shared ownership;
b) A financial contribution of £345,000 for the improvement of Furze Green open space (£2,500 per saleable habitable room) and the possible treatment of Furze Street as a Closure/Home Zone.
c) A contribution of up to £30,000 towards a safety audit and mitigation works at the junction of Furze Street and Devons Road.
d) Local labour in construction
e) ‘Car Free’ arrangements to restrict the occupants of the development from applying for residents parking permits.
3. That the Head of Development Decisions be delegated power to impose conditions and informatives on the planning permission to secure the following:
Conditions:
1) Permission valid for 3 years
2) Details of external materials to be submitted for the Council’s written approval prior to the commencement of the development.
3) Details of hard and soft landscaping treatment to be submitted for the Council’s written approval.
4) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season.
5) Investigation and remediation measures for land contamination
6) The submission of a Noise Survey and details of sound insulation/attenuation measures to protect future residents from noise and vibration for the Council’s approval in writing. The sound insulation/attenuation measures as approved shall be implemented and thereafter maintained unless otherwise agreed in writing.
7) Building, engineering or other operations including demolition shall be carried out only between the hours of 8.00 am and 6.00 pm Mondays to Fridays and between the hours of 9.00 am and 1.00 pm Saturdays and shall not be carried out at any time on Sundays or Public Holidays.
8) Any power/hammer driven piling/breaking out of material required during construction/demolition shall only take place between the hours of 10.00 am and 4.00 pm Monday to Friday and at no other time, except in emergencies or as otherwise agreed by the Council in writing.
9) Details of any external lighting to be submitted to the Council for written approval.
10) Any other condition(s) considered necessary by the Head of Development Decisions.
Informatives:
1) This permission is subject to a planning obligation made under Section 106 of the Town and Country Planning Act 1990.
2) With regard to Conditions 5 (Decontamination), you should contact the Council’s Environmental Health Department, Mulberry Place (AH), 4th Floor, PO Box 55739, 5 Clove Crescent, London E14 1BY
3) You are advised that any change of use of the Class A1, A2, B1 or D1 floorspace hereby permitted should accord with Schedule 2, Part 3, Class A of the Town and Council Planning (General Permitted Development Order) 1995.
4) You are advised that the Council operates a Code of Construction Practice and you should discuss this with the Council’s Environmental Health Department, Mulberry Place (AH), 4th Floor, PO Box 55739, 5 Clove Crescent, London E14 1BY.
5) You should consult the Council’s Highways Development Department, Mulberry Place (AH), 4th Floor, PO Box 55739, 5 Clove Crescent, London E14 1BY regarding any alterations to the public highway.
4. That, if by 28th February 2007 the legal agreement has not been completed to the satisfaction of the Chief Legal Officer, the Head of Development Decisions be delegated power to refuse planning permission.
The Committee adjourned for a short break at 9.35 pm and resumed at 9.47 pm.
Supporting documents: