Planning Area Committee 25 June 2018 Addendum to Officers Report RESTRICTION OF PERMITTED DEVELOPMENT RIGHTS - EXTENSIONS

Transcription

1 Planning Area Committee 25 June 2018 Addendum to Officers Report 17/8150/RMA West Hendon Regeneration Area (Phase 6) Pages The conditions section shall be changed as follows: RESTRICTION OF PERMITTED DEVELOPMENT RIGHTS - EXTENSIONS 2. Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1980 (or any Order revoking and re-enacting that Order) the buildings hereby permitted shall not be extended in any manner whatsoever without express planning permission from the local planning authority first being obtained. Reason: To ensure that the development does not prejudice the character of the locality and the enjoyment by existing and/or neighbouring occupiers of their properties in accordance with policy DM01 of the Adopted Barnet Development Management Policies DPD (2012) and CS5 and CS7 of the Adopted Barnet Core Strategy DPD (2012). RESTRICTION OF ADDITIONAL W INDOWS AND DOORS 3. Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order) no additional windows or doors shall be inserted into any of the residential dwellings hereby approved, without express planning permission from the local planning authority first being obtained. Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties and to safeguard the character of the locality in accordance with policy DM01 of the Adopted Barnet Development Management Policies DPD (2012) and CS5 and CS7 of the Adopted Barnet Core Strategy DPD (2012). RESTRICTIONS OF PERMITTED DEVELOPMENT - TELECOMMUNICATION 4. Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order) no installation of any structures or apparatus for purposes relating to telecommunications shall be installed on any part the roof of the building(s) hereby approved, including any structures or development otherwise permitted under Part 24 and Part 25 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) or any equivalent Order revoking and re-enacting that Order without express planning permission from the local planning authority first being obtained. Reason: To ensure that the development does not impact adversely on the townscape and character of the area and to ensure the Local Planning Authority can control the development in the area so that it accords with policy DM01 and DM18 of the Adopted Barnet Development Management Policies DPD (2012).

2 17/6434/FUL 60 West Hendon Broadway NW9 7AE Pages Page 55 of the report should read as: The report should read as approve subject to legal agreement. RECOMMENDATION I: That the applicant and any other person having a requisite interest be invited to enter by way of an agreement into a planning obligation under Section 106 of the Town and Country Planning Act 1990 and any other legislation which is considered necessary for the purposes seeking to secure the following: 1. Paying the council s legal and professional costs of preparing the Agreement and any other enabling agreements; 2. All obligations listed below to become enforceable in accordance with a timetable to be agreed in writing with the Local Planning Authority; 3. Affordable housing - 244, A review mechanism for the proposed development to be implemented after 80% of the units have been sold if the development has not achieved the "shell and core" standard 24 months from the date of the grant of the Planning Permission and achieved Practical Completion of the Development by the date that is 30 months from the date of the grant of the Planning Permission. 5. Contributions towards a Local Employment Agreement - 97, Non-financial obligations including provision of: - Three (3) Apprenticeship during the construction phase of the Development in accordance with a programme to be agreed with the -Council's Skills and Enterprise team; and - Three (3) Place for Progression into employment (less than 6 months); - Two (2) Place for Progression into Employment (6 months or more); and - Seven (7) Work Experience placements - Thirty Nine (39) students from local school/college attending a site visit - Thirty One (31) students from local school/college participating in a construction awareness workshop delivered by the site - Use reasonable endeavours to ensure that 30% of its labour force during the construction of the Development shall be Barnet residents. 7. The residential units shall be exempt from paying ground rents in perpetuity. On transfer of deeds this exemption shall carry forward. 8. Residential Travel Plan Statement contributions of Retail Full Travel Plan contributions of 15, A total of 7950 to be set aside for the Residents Travel Plan Incentive fund Comprising 150 per unit for the following incentives; o Oyster card with 150 credit uploaded

3 o 150 towards membership of a car club with the residual amount as driving credit with the car club o 150 bike voucher 5. Monitoring of the Agreement RECOMMENDATION II: That upon completion of the agreement specified in Recommendation I, the Planning Performance and Business Development Manager/Head of Development Management approve the planning application subject to the following conditions and any changes to the wording of the conditions considered necessary by the Head of Development Management or Head of Strategic Planning: Conditions follow as per report. RECOMMENDATION III That if the above agreement has not been completed or a unilateral undertaking has not been submitted by 3rd September 2018, unless otherwise agreed in writing, the Service Director of Development Management and Building Control REFUSE the application under delegated powers for the following reason(s): The proposed development does not include a formal undertaking to meet the requirements set out in Recommendation 1. The proposal would therefore not address the impacts of the development in regards to affordable housing, transport and local employment contrary to Policy CS15 of the Local Plan Core Strategy (adopted September 2012), and the Planning Obligations SPD (adopted April 2013). Under statutory consultees the following should be added: TfL TfL have suggested the following conditions be added: A construction management plan to condition should be imposed by the LPA. A delivery and serving plan pre-commencement condition should be imposed by the LPA. 5 accessible parking spaces should be provided for the development. A Travel Plan should be secured by the LPA. TfL suggested the reduction in the number of parking spaces, however, the LPA s transport team have reviewed the parking and consider that the parking as outlined within the report is most suitable for the location and the LPA should follow their adopted Local Plan. London Fire Brigade have provided the following response: The London Fire Brigade strongly recommend the installation of a sprinkler system for the proposed development. Accordingly the following informative should be added: The agent/applicant is advised to provide a sprinkler system in the proposed building.

4 Section 4.12 of the report should read as following: Summary of Obligations and Contributions required in relation to transport and highways. London Fire Brigade have provided the following response: The London Fire Brigade strongly recommend the installation of a sprinkler system for the proposed development. Accordingly the following informative should be added: The agent/applicant is advised to provide a sprinker system in the proposed building. 17/8134/RMA West Hendon Regeneration Area (Phase 5) Pages The conditions section shall be changed as follows: RESTRICTION OF PERMITTED DEVELOPMENT RIGHTS - EXTENSIONS 5. Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1980 (or any Order revoking and re-enacting that Order) the buildings hereby permitted shall not be extended in any manner whatsoever without express planning permission from the local planning authority first being obtained. Reason: To ensure that the development does not prejudice the character of the locality and the enjoyment by existing and/or neighbouring occupiers of their properties in accordance with policy DM01 of the Adopted Barnet Development Management Policies DPD (2012) and CS5 and CS7 of the Adopted Barnet Core Strategy DPD (2012). RESTRICTION OF ADDITIONAL W INDOWS AND DOORS 6. Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order) no additional windows or doors shall be inserted into any of the residential dwellings hereby approved, without express planning permission from the local planning authority first being obtained. Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties and to safeguard the character of the locality in accordance with policy DM01 of the Adopted Barnet Development Management Policies DPD (2012) and CS5 and CS7 of the Adopted Barnet Core Strategy DPD (2012). RESTRICTIONS OF PERMITTED DEVELOPMENT - TELECOMMUNICATION 7. Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order) no installation of any structures or apparatus for purposes relating to telecommunications shall be installed on any part the roof of the building(s) hereby approved, including any structures

5 or development otherwise permitted under Part 24 and Part 25 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) or any equivalent Order revoking and re-enacting that Order without express planning permission from the local planning authority first being obtained. Reason: To ensure that the development does not impact adversely on the townscape and character of the area and to ensure the Local Planning Authority can control the development in the area so that it accords with policy DM01 and DM18 of the Adopted Barnet Development Management Policies DPD (2012). 17/5615/FUL Friern Court, Friern Barnet Lane N20 0NJ Pages Following comment from members, clarification of a number of matters is provided in this Addendum including an amended application description and additional information on car parking arrangements and building heights / dimensions. An additional consultation comment has been provided by the Council s ecologist, APPLICATION DESCRIPTION: For the purposes of clarity, the application s proposed development description shall be amended from: Demolition of 10 existing garages and erection of a three storey building plus accommodation in the roof, comprising 11 no residential units with associated car parking, access, cycle storage, refuse storage, and landscaping. To: Erection of a three storey building plus accommodation in the roofspace, to accommodate 11 no residential units with associated car parking, new access, cycle storage, refuse storage, and landscaping, following demolition of 10 existing garages. DEMOLITION OF GARAGES / PARKING MATTERS The submitted Transport Statement states: Friern Court has 10 existing garages which will be removed as part of the development proposals. Of the 10 garages 8 are occupied with one occupant being the caretaker and the remaining 7 occupants living within 200m therefore 7 spaces will be re-provided. There are also 18 existing parking spaces on site which are re-provided. The applicant is unable to advise how many of the occupied garages are in use for storage and how many for the use of parking, however have calculated the parking need on the basis of the worst case scenario, that 7 of these garages are used for parking. The 2011 Census data for car ownership rates has also been examined to understand the likelihood that new residents will own a car.

6 The average car ownership within the vicinity of the site is 0.88 vehicles per dwelling. The development proposes 11 dwellings. The census data illustrates that the proposals would generate a parking demand of circa 10 spaces. The development proposes to provide 1:1 parking for the new units. It is therefore considered that the parking demand can be accommodated by this method and that there will be no significant impact for local residents. The total requirement is 35 spaces (7 re-provided garage spaces + 18 re provided existing spaces + 10 new flat spaces) and 38 spaces are provided. Further, the parking survey illustrates significant on-street capacity on Friern Barnet Lane. CLARIFICATION OF HEIGHTS AND SET-BACKS Members have sought clarification on heights and set-backs. These as follows: Roof heights: Existing buildings: 12.85m Height to eaves - front elevation: 9.1m Height to front gable (roof ridgeline) : 12m Roof ridgeline height lower: 13.4m Roof ridgeline height maximum: 14.5m Set backs and widths: Set back at front central element: 2m Width central element: 11.3m Set back at front side wings: 4.3m (2.3m back from the central element) Width side wings: 9m Side wings distance from existing blocks: 5.2m 6.7m ECOLOGY MATTERS Following publication of the Officer committee report, comments were received from the Council s Ecologist advising: The current proposals do not contradict National Planning Policy Framework (NPPF) in aiming to achieve, sustainable development with no net loss and achieving a net gain in biodiversity and enhance biodiversity as required by the Natural Environment and Rural Communities (NERC) Act Notwithstanding this, it was advised that: No tree works should be commenced until a bat inspection of Target Note 1 Wild Cherry that has been highlighted to have moderate roosting potential has been undertaken and that any mitigation

7 or precautionary measures which may be necessary has been submitted to and approved in writing by the Local Planning Authority. Following discussions with the applicant and further correspondence from their Ecologist it was suggested that irrespective of the development, the tree is in poor condition and will likely be dead in a couple of years, in which case, removal would be likely as a matter of public safety, and an inspection of the potential roost feature would still be required prior to its removal. As such, in the current case it is suggested that an aerial inspection (by a licensed ecologist/surveyor) would be sufficient to either rule out use by bats or determine that it is used and hence the level of mitigation required. Officer s consider this to be an acceptable approach and therefore recommend an additional condition 21. This is set out at the end of this section of the Addendum. Additionally, the Council s Ecologist advised that as a minimum, the applicant would need to demonstrate that all the measures detailed in Section 6.2 of the Ecological Impact Assessment (P Dated 05 April 2018) will be implemented in full on site. This would need to include ongoing management of the proposed habitats to ensure their biodiversity is maximised. This must include avoiding and restricting artificial lighting as well as other mitigation and compensation measures for the habitats and species to be impacted i.e. habitat creation. Further consideration should be given to creating natural habitats such as woodland Accordingly, Officers recommend an additional condition requiring the applicant to undertake the development in accordance with details contained in the Ecological Impact Assessment. This is set out as condition 22 at the end of this section of the Addendum. REWORDING OF RECOMMENDED CONDITIONS Following review of the recommended planning conditions, Officers seek to amend the wording of the following conditions (deleted text is struck out and new text is underlined in the proposed amendments): APPLICATION DESCRIPTION: For the purposes of clarity, the application s proposed development description shall be amended from: Demolition of 10 existing garages and erection of a three storey building plus accommodation in the roof, comprising 11 no residential units with associated car parking, access, cycle storage, refuse storage, and landscaping. To: Erection of a three storey building plus accommodation in the roofspace, to accommodate 11 no residential units with associated car parking following demolition of 10 existing garages, new access, cycle storage, refuse storage, and landscaping. DEMOLITION OF GARAGES / PARKING MATTERS The submitted Transport Statement states: Friern Court has 10 existing garages which will be removed as part of the development proposals. Of the 10 garages 8 are occupied with one occupant being the caretaker and the remaining 7 occupants living within 200m therefore 7 spaces will be re-provided. There are also 18 existing

8 parking spaces on site which are re-provided. The applicant is unable to advise how many of the occupied garages are in use for storage and how many for the use of parking, however have calculated the parking need on the basis of the worst case scenario, that 7 of these garages are used for parking. The 2011 Census data for car ownership rates has also been examined to understand the likelihood that new residents will own a car. The average car ownership within the vicinity of the site is 0.88 vehicles per dwelling. The development proposes 11 dwellings. The census data illustrates that the proposals would generate a parking demand of circa 10 spaces. The development proposes to provide 1:1 parking for the new units. It is therefore considered that the parking demand can be accommodated by this method and that there will be no significant impact for local residents. The total requirement is 35 spaces (7 re-provided garage spaces + 18 re provided existing spaces + 10 new flat spaces) and 38 spaces are provided. Further, the parking survey illustrates significant on-street capacity on Friern Barnet Lane. CLARIFICATION OF HEIGHTS AND SET-BACKS Members have sought clarification on heights and set-backs. These as follows: Roof heights: Existing buildings: 12.85m Height to eaves - front elevation: 9.1m Height to front gable (roof ridgeline) : 12m Roof ridgeline height lower: 13.4m Roof ridgeline height maximum: 14.5m Set backs and widths: Set back at front central element: 2m Width central element: 11.3m Set back at front side wings: 4.3m (2.3m back from the central element) Width side wings: 9m Side wings distance from existing blocks: 5.2m 6.7m ECOLOGY MATTERS Following publication of the Officer committee report, comments were received from the Council s Ecologist advising: The current proposals do not contradict National Planning Policy Framework (NPPF) in aiming to achieve

9 sustainable development with no net loss and achieving a net gain in biodiversity and enhance biodiversity as required by the Natural Environment and Rural Communities (NERC) Act Notwithstanding this, it was advised that: No tree works should be commenced until a bat inspection of Target Note 1 Wild Cherry that has been highlighted to have moderate roosting potential has been undertaken and that any mitigation or precautionary measures which may be necessary has been submitted to and approved in writing by the Local Planning Authority. Following discussions with the applicant and further correspondence from their Ecologist it was suggested that irrespective of the development, the tree is in poor condition and will likely be dead in a couple of years, in which case, removal would be likely as a matter of public safety, and an inspection of the potential roost feature would still be required prior to its removal. As such, in the current case it is suggested that an aerial inspection (by a licensed ecologist/surveyor) would be sufficient to either rule out use by bats or determine that it is used and hence the level of mitigation required. Officer s consider this to be an acceptable approach and therefore recommend an additional condition 21. This is set out at the end of this section of the Addendum. Additionally, the Council s Ecologist advised that as a minimum, the applicant would need to demonstrate that all the measures detailed in Section 6.2 of the Ecological Impact Assessment (P Dated 05 April 2018) will be implemented in full on site. This would need to include ongoing management of the proposed habitats to ensure their biodiversity is maximised. This must include avoiding and restricting artificial lighting as well as other mitigation and compensation measures for the habitats and species to be impacted i.e. habitat creation. Further consideration should be given to creating natural habitats such as woodland Accordingly, Officers recommend an additional condition requiring the applicant to undertake the development in accordance with details contained in the Ecological Impact Assessment. This is set out as condition 22 at the end of this section of the Addendum. REWORDING OF RECOMMENDED CONDITIONS Following review of the recommended planning conditions, Officers seek to amend the wording of the following conditions (deleted text is struck out and new text is underlined in the proposed amendments): Condition 8: a) A scheme of hard and soft landscaping, including details of existing trees to be retained and size, species, planting heights, densities and positions of any soft landscaping, shall be submitted to and agreed in writing by the Local Planning Authority before the development hereby permitted is commenced prior to the commencement of construction works above ground level. b) All work comprised in the approved scheme of landscaping shall be carried out before the end of the first planting and seeding season following occupation of any part of the buildings or completion of the development, whichever is sooner, or commencement of the use. c) Any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of the completion of development shall be replaced with trees or shrubs of appropriate size and species in the next planting season.

10 Reason: To ensure a satisfactory appearance to the development in accordance with Policies CS5 and CS7 of the Local Plan Core Strategy DPD (adopted September 2012), Policy DM01 of the Development Management Policies DPD (adopted September 2012), the Sustainable Design and Construction SPD (adopted October 2016) and 7.21 of the London Plan Condition 12: Before the development hereby permitted is occupied the car parking spaces as shown on Drawing No D-50 Rev. D shall be provided and shall not be used for any purpose other than parking of vehicles in connection with the approved development and existing site. Reason: To ensure that adequate and satisfactory provision is made for the parking of vehicles in the interests of pedestrian and highway safety and the free flow of traffic in accordance with London Borough of Barnet's Local Plan Policy CS9 of Core Strategy (Adopted) September 2012 and Policy DM17 of Development Management Policies (Adopted) September Condition 16: Notwithstanding the details shown in the drawings submitted and otherwise hereby approved, prior to the first occupation of the new dwellinghouse(s) (Use Class C3) permitted under this consent they shall all have been constructed to meet and achieve all the relevant criteria of Part M4(2) of Schedule 1 to the Building Regulations 2010 (or the equivalent standard in such measure of accessibility and adaptability for house design which may replace that scheme in future), one unit at ground floor shall have been constructed to meet and achieve all the relevant criteria of Part M4(3) of Schedule 1 to the Building Regulations 2010 (or the equivalent standard in such measure of accessibility and adaptability for house design which may replace that scheme in future). All other units at ground floor level only shall all have been constructed to meet and achieve all the relevant criteria of Part M4(2) of Schedule 1 to the Building Regulations 201, and all other units shall be constructed in accordance with M4(1) of the Building Regulations. The development shall be maintained as such in perpetuity thereafter. Reason: To ensure the development meets the needs of its future occupiers and to comply with the requirements of Policies 3.5 and 3.8 of the March 2016 Minor Alterations to the London Plan and the 2016 Mayors Housing SPG. ADDITIONAL CONDITIONS Condition 21: Prior to the commencement of any tree works and construction, an aerial survey of Target Note 1 Wild Cherry, as identified in the Ecology Impact Assessment Report (Ref: P Dated 05 April 2018), shall be conducted by a licenced ecologist to detect presence of Bat roosts within the tree. Details of the survey s findings and recommendations (including necessary mitigation) shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that nature conservation interests and any protected species are not prejudiced by the development in accordance with Policy DM16 of the Development Management Policies DPD (adopted September 2012) and the Sustainable Design and Construction SPD (adopted October 2016). Condition 22:

11 The development hereby approved shall be commenced in accordance with the mitigation and protective measures for the wildlife species protected by law specified in the submitted Ecology Impact Assessment Report (Ref: P , Dated 05 April 2018). Reason: To ensure that any protected species present are not adversely affected by the development in accordance with Policy DM16 of the Development Management Policies DPD (adopted September 2012) and the Sustainable Design and Construction SPD (adopted October 2016). ADDITIONAL CONDITIONS Condition 21: Prior to the commencement of any tree works and construction, an aerial survey of Target Note 1 Wild Cherry, as identified in the Ecology Impact Assessment Report (Ref: P Dated 05 April 2018), shall be conducted by a licenced ecologist to detect presence of Bat roosts within the tree. Details of the survey s findings and recommendations (including necessary mitigation) shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that nature conservation interests and any protected species are not prejudiced by the development in accordance with Policy DM16 of the Development Management Policies DPD (adopted September 2012) and the Sustainable Design and Construction SPD (adopted October 2016). Condition 22: The development hereby approved shall be commenced in accordance with the mitigation and protective measures for the wildlife species protected by law specified in the submitted Ecology Impact Assessment Report (Ref: P , Dated 05 April 2018). Reason: To ensure that any protected species present are not adversely affected by the development in accordance with Policy DM16 of the Development Management Policies DPD (adopted September 2012) and the Sustainable Design and Construction SPD (adopted October 2016). 17/6051/FUL Burnt Oak Broadway Pages Additional amendment: The applicant has asked for an additional condition to be amended with regards to the timing of the submissions required by the condition. The condition is condition 6 in the report for this application, and is intended to ensure that underground services do not damage retained trees along the site boundary. This change would make the condition the same as for the equivalent condition 8 for The Croft (Item 11 in the Agenda for this meeting). The amendment adds new text which is underlined, as follows: a) No development other than demolition of the existing buildings and ancillary site clearance and no excavations shall take place until details of the location, extent and depth of all excavations for

12 services (including but not limited to electricity, gas, water, drainage, telecommunications and installation of electric vehicle charging points including electricity supply cables) in relation to trees on and adjacent to the site have been submitted to and approved in writing by the Local Planning Authority. b) The development shall thereafter be implemented in accordance with details approved under this condition. Reason: To safeguard the health of existing tree(s) which represent an important amenity feature in accordance with CS5 and CS7 of the Local Plan Core Strategy (adopted September 2012), Policy DM01 of the Development Management Policies DPD (adopted September 2012) and Policy 7.21 of the London Plan 2016).

13 Minutes for December meeting: The main report stated that the Committee minutes from the meeting of 14 th December were included in the agenda pack. However, they were omitted, so the relevant portion is copied below.

14 17/2304/FUL The Croft Pages No changes.