Agenda item

Section 73 variation to Condition 2 (drawing and document numbers) of planning application P2016/2420/S73. The original application was for the erection of a fourth floor rear extension and fifth floor roof extension to provide an increase in office floor space together with associated works and external alterations.

The proposed variation to Condition 2 relates to external design changes to the building such as adjustment to doors, windows, roof fascia, the omission of brise soleil, and addition of functional building elements including access ladder, flues and rainwater goods.

(Planning application number: P2017/4021/S73)

In the discussion the following points were made:

·         Members were advised that the S73 application seeks to amend condition 2 of planning permission P2016/2420/S73 in order to authorise external design changes to the building. Committee were informed that a number of minor changes to the front and rear elevation such as an enlarged roof fascia, the introduction of flues and rainwater piping; the pattern of the crittal entrance doors on the ground floor being regularised; a roof access ladder being added and existing window openings on levels 1-4 to be changed to new double glazed units with painted timber frame with architrave above.

·         The Planning Officer informed Members that since the publication of the agenda, 3 additional issues had been raised by objectors and includes issues around light pollution spillage, the extent of screening to protect privacy and concerns about the impact of the Bi-fold doors on neighbouring amenity.

·         With regards to land use concerns, Members were advised that the S73 application was not proposing a change of the use of the building and therefore any impacts associated with the use of the building for B1(Office) or A1 (retail) purposes are not considered relevant to this application because the building use had already been lawfully established and no increase to the floor area  in either use is proposed.

·         On concerns about hours of operation, Members were informed that with regard to the ground floor A1 unit, there were no proposed changes to the hours of operation as per condition 15, 8.00am to 6.00pm ( Mondays to Sundays) and in the case of the use of the roof terraces, condition 13 would be retained,9:00am to 6.00pm (Monday to Friday).

·         With regards to the design and appearance of the scheme, the Planning Officer advised Members that changes were relatively modest and would not harm the architectural merit of the building or its contribution to the character of the conservation area. In addition, changes on the building’s inner courtyard elevation would not result in it being visible from the public realm.

·         With regards to concerns that the Bi-fold doors would result in additional noise spilling out on to the pavement thereby affecting pedestrians, the Planning Officer advised Members that there had been no change to the previously agreed consent and that the proposed bi-fold doors were considered appropriate and not pose a threat to the safe passage of pedestrians.

·         An objector from the Friends of the Bunhill Residents Association was concerned with the use of the ground floor as a café, the use of bi-fold doors, on the unit and the proposed opening hours as it was in line with a neighbouring school She suggested that if bi-doors are agreed, that doors should not be opened onto the pavement.

·         With regards to overlooking and privacy concerns especially from the roof terraces, Members were advised that changes to the wording as set out in the agenda documents for condition 17 will be required to reflect the use of obscure glazing to be installed. During the discussion, the Planning Officer identified the location of existing privacy screens (1.7m in height) already installed. For this reason, the obscure glazing was only required to be positioned on faces of the terraces that would directly look towards the inner courtyard or directly to the rear of the site. 

·         On the issue of light spillage, Planning Officer advised an additional condition was recommended to mitigate the light pollution concerns. The condition would request that the management plan state light mitigation measure to address light pollution, in consultation with residents and the school.

·         Members agreed that the wording to the additional condition regarding light spillage be delegated to the Planning Officer and to be agreed by the Chair.

·         Councillor Nicholls proposed a motion to grant subject to amending condition 17 and including an additional condition regarding light mitigation measures. This was seconded by Councillor Kay and carried.

RESOLVED:

That planning permission be granted subject to the conditions and amendment to condition 17 in Appendix 1 and the additional condition outlined above to address the privacy concerns.

CONDITION 17:

MATERIALS (DETAILS): Notwithstanding the plans hereby approved, the following hereby approved roof terraces shall have obscured glazing screening:

(a) the roof terraces facing the site's inner courtyard at 4th and 5th floor level

(b) the north facing roof terrace at the rear of the building at 5th floor level.

Details, location, exact finish and extent of opaque glazed screening including photographs of the obscure glazed screening/balustrades shall be submitted and approved in writing by the Local Planning Authority within 2 months of the granting of consent hereby permitted and shall be maintained as such thereafter into perpetuity.

REASON:  To mitigate undue overlooking of neighbouring properties.

CONDITION 18: Light Pollution Controls

LIGHT POLLUTION (DETAILS): Details of measures to adequately mitigate light pollution affecting neighbouring residential properties and an accompanying Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The details and management plan shall be submitted to the Local Planning Authority within 2 months of the granting of consent hereby permitted. The light mitigation measures shall include:

(a) Automated roller blinds;

(b) Lighting strategies that reduce the output of luminaires closer to the façades;

(c) Light fittings controlled through the use of sensors.

The Management Plan shall address the implementation of measures to mitigate light pollution through tenant arrangements and leases.

The building shall thereafter be operated strictly in accordance with the approved measures to mitigate light pollution and the approved Management Plan unless otherwise agreed in writing by the Local Planning Authority.   

REASON: In the interests of the residential amenities of the occupants of adjacent residential dwellings

Zoe / Ola – these conditions were agreed by the Chair, Councillor Picknell. I can’t remove the highlighting off the text I am afraid.