Agenda item

Application to vary Condition 3 (Approved Drawings) and 52 (Number of Dwellings) of planning permission ref: P2022/1898/FUL, dated 23/03/2023 for:

“Hybrid planning application for the phased redevelopment of the site comprising:

Phased demolition of all existing buildings and structures, site preparation and enabling works (including excavation), phased construction of buildings (including basements) comprising residential units (Use Class C3); Hard and soft landscaping works including public open space access and highway alterations, car and cycle parking provision, and; All other associated ancillary works (No Matters Reserved for future approval (the “detailed element”)); and

Site preparation and enabling works (including excavation), phased construction of buildings (including basements) comprising residential units (Use Class C3) and flexible commercial, business and service floorspace (Use Class E) and local community floorspace (Use Class F2); Hard and soft landscaping works including public open space, access and highway alterations, car and cycle parking provision, and; All other associated ancillary works (All Matters Reserved for future approval (the “outline element”))”

The applicant seeks to vary Conditions 3 and 52 to allow for amendments to Phase 1A of the development. Revisions to the massing and layouts of buildings A3, B1 and B2 are proposed to accommodate second staircases and to accommodate an increased number of homes, brought forward to the first phase of the development (the total number of homes provided across the development would remain as consented). Amendments to the elevational design are also proposed.

(EIA Application)

(Departure from the development plan)

(Planning application number: P2024/2412/S73)

In the discussion the following points were made:

·Since the publication of the agenda, meeting was advised of an additional representation however did not raise no new considerations. It was also noted that HSE have provided further comments regarding the new design information provided by the applicant stating that concerns raised have been suitably addressed.

·Meeting was advised that planning permission was granted in 2022, that the application seeks a minor material amendment (under section 73) to the extant planning permission.

·Members were reminded that since planning permission was granted, the Building Safety Act 2022(BSA) has come into effect, a new legislation which identifies residential buildings over 18m in height as high risk building and are now subject to stricter regulatory standards. There is now a requirement for residential building over 18m to be provided with a second means of escape.

·It was noted that presently the consented scheme would have access to only one stair core so proposal would bring the development into compliance with the Building Safety Act. Applicant has begun the process of a comprehensive redesign to ensure that all relevant homes would have access to the two stair cores.

·Application proposes amendments to Phase 1 A of the approved development to provide second means of escape to all homes within Blocks A3, B1 and B2 and to increase the overall number of homes provided across Phase 1A by 32, to a total of 134. In addition amendments to the elevational design are also proposed.

·Planning Officer reiterated that whilst the application proposes an additional 32 homes within Phase 1A, no change is proposed to the total number of homes and housing mix across the wider master plan, that a total of 914 homes would still be provided with 32 fewer homes being delivered in the outline element of the development.

·Meeting was advised that applicant seeks to vary condition 3 and 52 to allow for amendments to Phase 1A and that revisions to the massing and layouts of buildings A3, B1 and B2 are proposed to accommodate a second staircase and to accommodate an increased number of homes, brought forward to the first phase of the development, noting that the total number of homes provided across that development would remain as consented.

·Key planning considerations include land use; design and appearance, trees, quality of residential accommodation, neighbouring amenity, fire safety and planning balance.

·In terms of the land use, Planning Officer stated that notwithstanding the amendments to the dwelling mix and housing delivery timescales, the application is broadly consistent with the approved scheme. Also the amendments would not affect the previously approved retail, nursery, and community spaces and the overall number of homes provided so considered in accordance with the London Plan and the local development plan.

·With regard to the design and appearance considerations, meeting was a advised that although the proposed design amendments would result in an increase in height and massing, it is considered that this would not detract from the principles of the consented masterplan nor the architectural quality. Meeting was advised that the proposed changes have been carefully designed to accommodate the new fire safety measures.

·As consented, the development would result in the loss of 150 trees, with 52 existing trees retained and the planting of 202 replacement trees an uplift of 52 new trees on the site. Meeting was advised that applicant has submitted adequate information to demonstrate that the proposed replacement planting would re-provide the canopy cover loss within 11years, an improvement on the consented tree planning scheme which stated 15years.

·On the quality of accommodation, the proposed amendments within the application will result in revised layouts to all homes to be delivered in Phase 1A, that of the 134 homes proposed in Phase 1A all would exceed the GLA’s minimum space standards and 26% would meet the best practice space standards.

·Planning Officer acknowledged the increased number of single aspect within Phase 1A, and poor daylight levels as regrettable, however in accordance with Local PolicH4, no single aspect units be north facing or facing onto key roads or significant sources of noise or pollution. It was also stated that given that the proposal would result in the delivery of a second means of escape in an emergency in line with the Building Safety Act, and given the overall planning balance the increase in single aspect units is acceptable.

·Planning Officer acknowledged that although the increased massing would result in buildings A3 and B1 extending northwards and closer to the existing buildings on the northern side of Copenhagen street, any overlooking from these changes would be across public highway and therefore considered acceptable. 

·The Planning Officer acknowledged that the proposed layouts and changes to scale and massing has resulted regrettably in a considerable number of rooms not meeting the BRE guidelines for daylight levels within Phase 1A, albeit with some instances of improvements noting that this is due to amendments to the building layouts and massing which have been made to address the Building Safety Act (BSA).

·In terms of loss of sunlight and its impact, meeting was advised that 68% of rooms would fail to receive at least 1.5hrs of sunlight more than the 58% rooms in the consented scheme. As stated above with daylight loss this is due to changes to the layout, the increase of the single aspect units and the need to comply with BSA.

·The proposed changes would have a lower level of less than substantial harm on neighbouring listed buildings and conservation area. The proposed changes is not considered to be increased level of harm compared to consented.

·On the quality of residential accommodation, meeting was advised that all units meet or exceed GLA’s minimum space standards, 26% of the units meeting GLA’s best practice space standards. In addition all units continue to be provided with good quality amenity space. The proposed amendments are not considered to give rise to additional overlooking concerns subject to conditions securing details of overlooking mitigation.

·Meeting was advised that the applicant has sufficiently considered fire safety for the current stage of design, that condition 33 has been secured requesting for an updated fire strategy which will ensure that all fire safety matters are addressed prior to the commencement of superstructure works.

·Meeting was reminded that all proposed amendments relates to Phase 1A only, that any further changes applicant would be required to apply for a new permission.  

·No changes to car parking from the consented scheme and additional spaces have been provided to respond to additional homes.

·In summary the planning officer in reiterating the impacts of the development such as the less that substantial harm to heritage assets , loss of 5 additional trees , the increase in number of single aspect units and increased daylight and sunlight impacts, he highlighted the benefits of the amendments as it‘s compliance with Building Safety Act, the expedited delivery of replacement affordable homes , more efficient decant strategy which will minimise disruption for residents and replacement of lost tree canopy cover being brought forward 4 years earlier.
 

Councillor Klute proposed a motion to grant planning permission. This was seconded by Councillor North and carried.

RESOLVED:

That following consideration of the case officer’s report (the assessment and recommendations therein), the presentation to Committee, submitted representations and objections provided verbally at this meeting, planning permission be granted subject to the conditions and informatives set out in Appendix 1 of the officer report and subject to the prior completion of a Deed of Planning Obligation made under Section 106 of the Town and Country Planning Act 1990 securing the heads of terms as set out in Appendix 1 of the officer report.