Agenda item

The Committee considered the report and without debate, RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Deed of Variation under Section 106A of the Town and Country Planning Act 1990 (as amended) to vary the legal agreement completed on 29 March 2011, and subsequently varied by Deed of Variation dated 23 February 2012 in respect of planning permission P0086.11 by varying the definition of Planning Permission which shall mean either planning permission P0086.11 as originally granted or planning permission P0086.11, as altered by planning permission under reference P0112.12.

 

Save for the variation set out above and necessary consequential amendments the Section 106 agreement dated 29 March 2011, as previously varied by Deed of Variation dated 23 February 2012 and all recitals, terms, covenants and obligations in the said Section 106 agreement dated 29^th March 2011 will remain unchanged.

 

That upon the expiry of the statutory consultation period (9 March 2012), subject to no new material representations being received, in which case the application will be referred back to Regulatory Services Committee, Staff be authorised to enter into a Deed of Variation to secure the above and upon completion of that agreement, grant planning permission subject to the conditions set out below.

 

1.               Time limit - The development to which this permission relates must be commenced not later than three years from the date of this permission.

 

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

2.               Accordance with plans - The development hereby permitted shall not be carried out otherwise than in complete accordance with the approved plans, particulars and specifications.

 

Reason: The Local Planning Authority consider it essential that the whole of the development is carried out and that no departure whatsoever is made from the details approved, since the development would not necessarily be acceptable if partly carried out or carried out differently in any degree from the details submitted.  Also, in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.

 

3.               Car parking - Before the buildings hereby permitted are first occupied, the areas set aside for car parking shall be laid out and surfaced to the satisfaction of the Local Planning Authority. The parking areas shall be retained permanently thereafter for the accommodation of vehicles visiting the site and shall not be used for any other purpose.

 

            Reason: To ensure that car parking accommodation is made permanently available to the standards adopted by the Local Planning Authority in the interest of highway safety and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC33.

 

4.           Materials – The development hereby approved shall be constructed using the external materials previously submitted and agreed under condition discharge request application Q0145.11 unless otherwise agreed in writing  by the Local Planning Authority.

Reason: To ensure that the appearance of the proposed development will harmonise with the character of the surrounding area and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.

 

5.               Landscaping - The hard and soft landscaping shall be completed in accordance with the details previously submitted and approved under condition discharge request application reference Q0320.11.  All planting, seeding or turfing comprised within the scheme shall be carried out in the first planting season following completion of the development and any trees or plants which within a period of 5 years from completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local Planning Authority.

 

Reason: In accordance with Section 197 of the Town and Country Planning Act 1990 and to enhance the visual amenities of the development, and that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.

 

6.        Refuse and recycling - Prior to the first occupation of the development hereby permitted, provision shall be made for the storage of refuse and recycling awaiting collection according to details which shall previously have been agreed in writing by the Local Planning Authority.

Reason: In the interests of amenity of occupiers of the development and also the visual amenity of the development and the locality generally, and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.

 

7.         Cycle storage - Prior to completion of the works hereby permitted, cycle storage of a type and in a location previously submitted to and agreed in writing by the Local Planning Authority shall be provided and permanently retained thereafter..

 

Reason: In the interests of providing a wide range of facilities for non-motor car residents, in the interests of sustainability and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC36.

 

8.                                                                                                            Boundary treatment – The boundary treatment of the development shall be carried out in accordance with drawing number PL-04 revision A, as previously submitted and approved under application P0086.11, unless otherwise agreed in writing by the Local Planning Authority in conjunction with the Havering Crime Prevention Design Advisor.  The boundary treatment shall thereafter be retained in accordance with this drawing unless agreed in writing.

 

Reason: In the interests of privacy and amenity and to accord with Policies DC61 and DC63 of the LDF Development Control Policies Development Plan Document.

 

9.         Secure by Design – The development shall not be occupied until a full and detailed application for the Secured by Design award scheme has been submitted to the Local Planning Authority, setting out how the principles and practices of the Secured by Design Scheme are to be incorporated, approved in writing by the Local Planning Authority in consultation with the Havering Crime Prevention Design Advisor and implemented on site in accordance with the agreed details

 

Reason: In the interest of creating safer, sustainable communities and to reflect guidance in PPS1 and Policies CP17 and DC63 of the LDF Core Strategy and Development Control Policies Development Plan Document.

 

10.       CCTV – The development shall not be occupied until a scheme showing the details of a CCTV system to be installed for the safety of users and the prevent of crime throughout, has been submitted to and approved in writing by the Local Planning Authority in consultation with the Crime Prevention Design Advisor and implemented on site in accordance with the agreed details.

 

Reason: In the interest of creating safe sustainable communities and to reflect guidance in PPS1 and Policies CP17 and DC63 of the LDF Core Strategy and Development Control Policies Development Plan Document.

 

11.       External lighting – The development shall not be occupied until a scheme for the lighting of external areas of the development including the access road has been submitted to and approved in writing by the local planning authority. The scheme of lighting shall include details of the extent of illumination together with precise details of the height, location and design of the lights.  The approved scheme shall then be implemented in strict accordance with the agreed details prior to the first occupation of the development and retained thereafter to the satisfaction of the Local Planning Authority.

 

Reason: In the interests of highway safety and amenity. Also in order that the development accords with Policies DC32 and DC61 of the LDF Development Control Policies Development Plan Document.

 

12             Biodiversity – The development shall be carried out in accordance with the approved biodiversity method statement submitted under condition discharge request application reference Q0145.11 (ELMAW Assessment Ecology Report dated June 2010, received 18.7.11) unless otherwise submitted to and approved in writing by the Local Planning Authority.

 

Reason: In order to ensure that the proposed development has an acceptable impact on biodiversity and in order that the development accords with the LDF Development Control Policies Development Plan Document Policies DC58 and DC59.

 

13.       Hours of construction - No construction works or construction related deliveries into the site shall take place other than between the hours of 08.00 to 18.00 on Monday to Friday and 08.00 to 13.00 hours on Saturdays unless agreed in writing with the local planning authority.  No construction works or construction related deliveries shall take place on Sundays, Bank or Public Holidays unless otherwise agreed in writing by the local planning authority.

 

Reason: To protect residential amenity and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.

 

14.       Wheel washing – The development shall be carried out in accordance with the wheel scrubbing/wash down proposals submitted and approved under condition discharge application reference Q0145.11.  The approved facilities shall be permanently retained and used at relevant entrances to the site throughout the course of construction works.

 

Reason: In order to prevent materials from the site being deposited on the adjoining public highway, in the interests of highway safety and the amenity of the surrounding area.

 

15.       Construction methodology - The development shall be carried out in accordance with the Construction Method Statement submitted and approved under condition discharge application reference Q0145.11.

 

Reason:  To protect residential amenity and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.

 

16.      Land contamination - The development shall be carried out in accordance with the reports for contaminated land pursuant to the Environmental Protection Act 1990 Part IIA (Geo –Environmental Ground Investigation Report and Geotechnical Report received 18.7.11) submitted and approved under condition discharge application reference Q0145.11.

 

Reason: To protect those engaged in construction and occupation of the development from potential contamination. Also in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC53.

 

17.    Sustainability Statement - No occupation of the development shall take place until the developer has provided a copy of the Interim Code Certificate confirming that the development design achieves a minimum Code for Sustainable Homes ‘Level 3’ rating.  The development shall be carried out in full accordance with the agreed Sustainability Statement. Before the proposed development is occupied the Final Code Certificate of Compliance shall be provided to the Local Planning Authority in order to ensure that the required minimum rating has been achieved.

 

            Reason:In the interests of energy efficiency and sustainability in accordance with DC49 Sustainable Design and Construction and Policies 5.2 and 5.3 of the London Plan.

 

18.      Energy Statement - The renewable energy system shall be installed in strict accordance with the details submitted and agreed under condition discharge application reference Q0320.11 unless otherwise submitted to and agreed by the Local Planning Authority.

 

            Reason:In the interests of energy efficiency and sustainability in accordance with DC50 Renewable Energy and Policies 5.1, 5.3 and 5.3 of the London Plan.

 

19.    Sound attenuation - The buildings hereby permitted shall be so constructed as to provide sound insulation of 45 DnT,w + Ctr dB (minimum value) against airborne noise and the flats shall be so constructed as to provide sound insulation of 45 DnT,w + Ctr dB (minimum value) against airborne noise and 62 L’nT,w dB (maximum values) against impact noise to the satisfaction of the Local Planning Authority.

 

Reason: To prevent noise nuisance to adjoining properties in accordance with the recommendations of Planning Policy Guidance Note 24 ‘Planning and Noise’.

 

20.Noise of plant and machinery – The development shall be carried out in accordance with the scheme for noise levels of new plant and machinery submitted and approved under condition discharge application reference Q0145.11 (AIRO report dated 30 June 2011) unless otherwise submitted to and agreed in writing by the Local Planning Authority.

 

Reason: To prevent noise nuisance to adjoining properties in accordance with the recommendations of Planning Policy Guidance Note 24 ‘Planning and Noise’.

 

21.  Ventilation System – Before the development is first occupied suitable equipment to remove and/or disperse odours and odorous material shall be fitted to the extract ventilation system in accordance with details to be previously submitted to and agreed in writing by the Local Planning Authority.  Thereafter the equipment shall be properly maintained and operated at all times.

 

       Reason: To protect the amenity of occupiers of nearby properties.

 

22.  Flood Risk - The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) dated January 2011, project number 10996 compiled by Brand Leonard Limited.

 

- New buildings with a proposed finished floor level 300mm above the 1 in 1000 year flood level and emergency access routes to roads in Zone 1 with secure routes for emergency vehicles all above the 1000 year flood level (Executive Summary, section 1.5, page 3).

 - Paved areas will all be constructed using permeable infiltration paving, subject to detail site investigation (Executive Summary, section 1.6, page 3).

                        - Remainder of roof areas, not used for rainwater harvesting to have living roofs (Executive Summary, section 1.6, page 3).

                        - Discharge to the Ravensbourne restricted to approximately 6 litres per second for 100 year storm plus an allowance for climate change with an 80m3 attenuation tank (Executive Summary, section 1.6, page 3).

 

Reason:  To reduce the risk and impact of flooding to the proposed development, future occupants and third parties.

 

23.  Works to watercourse- The works to the watercourse shall be carried out in accordance with details submitted and approved under condition discharge application reference Q0320.11 unless otherwise submitted to and approved in writing by the Local Planning Authority.

 

       Reason: To reduce the risk and impact of flooding to the proposed development, future occupants and third parties. To ensure the structural integrity of the existing and proposed river channel, thereby reducing the risk of flooding or damage to the watercourse. To ensure that the alterations are developed in a way that contributes to the nature conservation value of the site in accordance with national planning policy by providing suitable habitats for wildlife.

 

24.             External brick- The external brickwork for the development hereby approved shall be:

 

Lindfield Yellow Multi Facings – Extra Care building

First Quality Multi Facing – Sheltered Housing building.

 

The buildings shall be constructed externally in the approved brick unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure that the appearance of the proposed development will harmonise with the character of the surrounding area and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.  

 

25.       Emergency Flood Gate- Prior to the first occupation of the development hereby approved a management strategy for the use of the proposed emergency flood gate for the purposes of fire appliance access shall be submitted to and approved in writing by the Local Planning Authority. The management strategy shall make provision for the car parking spaces in front of this gate to be utilised by staff only and give details of how these spaces would be vacated in the event of a fire. The management strategy shall thereafter be implemented and retained thereafter in accordance with the agreed details.

 

Reason: In the interests of amenity and in order to ensure that the development provides adequate access arrangements.

 

INFORMATIVES

 

1. The applicant is advised that planning approval does not constitute approval for changes to the public highway. Highway approval will only be given after suitable details have been submitted, considered and agreed. Any proposals which involve building over the public highway as managed by the London Borough of Havering will require a licence and the applicant must contact the StreetCare Service (Traffic and Engineering section) to commence the submission/licence approval process.

 

2.   The developer is advised that this does not discharge the requirements under the New Roads and Street Works Act 1991 and the Traffic Management Act 2004.  formal notifications and approval will be needed for any highway works (including temporary works) required during the construction of the development.

 

3.   Thames Water advise that with regard to surface water drainage it is the responsibility of the developer to make proper provision for drainage to ground, water course or a suitable sewer.  Where the developer proposes discharge to a public sewer prior approval from Thames Water Developer Services will be required.  Furthermore, there are public sewers crossing or close to this development.  The applicant is advised to contact Thames Water in respect of both surface water drainage and works affecting public sewers on 0845 850 2777.

 

4.  Under the Water Resources Act 1991 and the Thames Region Land Drainage Byelaws 1981, the prior written consent of the Environment Agency is required for certain works or structures in, over, under or within 8m of the top of the bank of the River Ravensbourne, designated a ‘main river’. This is irrespective of any planning permission granted.

 

5.   Reason for Approval:

 

The proposal is considered to be in accordance with Policies CP1, CP2, CP8, CP9, CP10, CP15, CP16, CP17, DC2, DC3, DC5, DC6, DC7, DC26, DC32, DC33, DC34, DC35, DC36, DC48, DC49, DC50, DC51, DC53, DC56, DC58, DC59, DC61, DC62, DC63 and DC72 of the Local Development Framework Core Strategy and Development Control Policies Development Plan Document as well as the provisions of Policies 3.3, 3.5, 3.7 3.8, 3.9, 3.11, 5.1, 5.2, 5.3, 5.12, 5.13, 5.21, 6.3, 6.9, 6.10, 6.12, 6.13, 7.1, 7.3 , 7.4, 7.6, 7.19 and 7.21 of the London Plan.

 

Planning Obligations

 

The planning obligations recommended in this report have been subject to the statutory tests set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010 and the obligations are considered to have satisfied the following criteria:-

 

·        Necessary to make the development acceptable in planning terms;

·        Directly related to the development; and

·        Fairly and reasonably related in scale and kind to the development.