Planning Service Public Protection Division Environment and Regeneration Department PO Box 3333 222 Upper Street London N1 1YA

PLANNING COMMITTEE AGENDA ITEM NO: Date: 7th April 2011 Application number P100478 Application type Full Planning Site Address: 174-178 Courtauld Road, LONDON N19 Proposal Change of use and alteration of existing warehouse building

together with erection of a part 3, part 4-storey building providing for 31 dwellings.

RECOMMENDATION That the Committee resolve to GRANT planning permission as set out in Appendix 1.

INTRODUCTION Site and Surroundings

1. The site is of an rectangular shape, covers an area approximately equal to 1,000sqm

(0.1 hectares) and is bounded by: Courtauld Road (to the north); an existing private access road running north/south connecting Fairbridge Road and Courtauld Road (to the east) beyond which are both an operational MOT garage and residential properties fronting Courtauld Road; residential Estate buildings c.1960 (to the west); and the approved redevelopment of 169-191 Fairbridge Road (to the south and east) – the application site described above and shown on the site location plan shall hereafter be referred to as ‘the Site’.

2. The Site presently contains a 3-storey (with steep pitched roof) former Victorian

warehouse building to its southern half and a large single storey building attached to the northern elevation of the warehouse building – the remainder of the site (northern portion) is used for informal parking by the adjoining MOT garage and is surrounded by an open chainlink fence. Both the Victorian building and the single storey building have been vacant for approximately eight years and are in a severe state of disrepair.

3. The Site, if operational, would be serviced from the private accessway. At present there

are no publicly accessible vehicle or pedestrian routes through the Site. 4. There are no existing trees or substantial vegetation on the Site. 5. The Site does not fall within a designated conservation area nor does it adjoin a

conservation area. None of the existing buildings on the Site form statutory listed buildings; or are noted on the council’s register of locally listed buildings. The site does not adjoin any statutorily or locally listed buildings.

Proposal (in Detail)

6. The proposal is for the change of use and conversion of the existing Victorian

warehouse building to provide for 14 dwellings (6x1, 4x2, 2x3 and 2x4 bedroom flats), together with the erection of a new building providing for 17 dwellings (3x1, 11x2 and 3x3 bedroom flats). In total the scheme provides for 31 residential units.

7. The scheme would deliver a total of 13 dwellings (2x1, 8x2 and 3x3 bedroom dwellings)

as affordable housing. As measured by habitable rooms the development would comprise 43% affordable housing – 72.5% social rented accommodation 27.5% intermediate accommodation.

8. Private garden space is provided for all dwellings at ground floor level and private

balcony and terrace spaces are provided to many of the upper floor dwellings. 9. At ground floor level the scheme would accommodate three cycle parking enclosures for

31 bicycles and three refuse/recycle enclosures. 10. The scheme suggests the provision of a CHP engine.

Issues 11. The main issues arising from this proposal relate to the:

- Acknowledgement of the approval of residential development at 169-191 Fairbridge Road;

- Change of use of the site away from the current vacant employment use to a provided a wholly residential development;

- Implications of the new road created as part of the redevelopment of the immediately adjoining site at 169-191 Fairbridge Road;

- provision of affordable housing and housing mix; - the height, scale, design and appearance of all resulting buildings and their impact

on the surrounding townscape and streetscenes; - neighbouring residential amenity and future residential amenity; - accessibility and accessible homes; - quality of private amenity areas, including play-space provision, hard and soft

landscaping; - Sustainability, energy efficiency, renewable energy and biodiversity; and - highways and transportation implications, refuse and recycling. Relevant History

12. The site has not been the subject of an extensive planning history. The only previous approval which could be found is: - Planning application LBI ref: 881152 for the ‘Elevational alterations involving new

roofs and loading bays and use for Class B1 purposes’ was GRANTED on 07/02/1989.

Relevant Planning History to Neighbouring Properties

13. There are a number of planning applications to neighbouring properties which are

considered to be relevant to the consideration of the current proposal. These application are summarised below:

a) 169-191 Fairbridge Road planning application LBI ref: P092517 for the ‘Erection of

two buildings comprising a part 2, 3 and 5-storey building and a 5-storey building providing for 80 dwellings at part ground and wholly to upper levels and two ground floor units for flexible use: A1 (shop) / A2 (financial/professional services) / B1 (business) / D1 (non-residential institutions) / D2 (assembly and leisure), together with the formation of a new road, disabled car-parking and erection of an electrical sub-station’ was GRANTED on 25/06/2010.

For the ease of reference this application shall be referred to as the ‘Fairbridge Scheme’ (see Appendix 3)

The original buildings on this site have already been demolished and site preparatory works for the erection of the approved buildings are underway.

b) 174-178 (Unit A) Courtauld Road certificate of lawfulness application LBI ref: P04-

0177 for the ‘Certificate of Lawfulness (existing) in connection with ground floor auto servicing garage and repairs/maintenance and MOT, (B2 use)’ was APPROVED on the 15/03/2004. A planning application LBI ref: P04-2635 for the ‘Use of upper floor as a residential hostel (ten bedsit rooms)’ was REFUSED on 27/04/2005. For the

ease of reference the above site shall hereafter been referred to as ‘the MOT Garage’;

c) 180 Courtauld Road planning application LBI ref: P061647 for the ‘Conversion of

single dwelling house to provide 4 x self-contained flats (2 x 2 bed and 2 x 1 bed). Erection of roof extension to create new third floor accommodation and erection of part-width two storey rear extension to replace existing 3 storey rear extension’ was GRANTED on 06/11/2006. It appears that this permission has been implemented.

CONSULTATION

Public Consultation 14. Letters were sent to the occupants of 68 adjoining and nearby properties at Courtauld

Road, Nyton Close, Beechcroft Way, Byworth Walk and Fairbridge Road on 09/08/2010. A site notice and press advert were displayed on 12/08/2010. The public consultation of the application therefore expired on 02/09/2010, however it is the Council’s practice to continue to consider representations made up until the date of a decision.

15. At the time of the writing of this report a total of two (2) responses had been received

from the public with regard to the application. The issues raised can be summarised as follows: - Overly dense development and inadequate amenity space. Density is higher than

450hrh (UDP) and 450-600 (London Plan) - Adverse cumulative impact when considered in context with the 80 new dwellings

approved for 169-191 Fairbridge Road - Flat layouts are cramped - Potential impact on bats

External Consultees

16. Fire and Emergency Planning Authority raised no objection to the proposal. 17. Metropolitan Police (Crime Prevention) raised no objection to the proposal. 18. Thames Water raised no objection to the proposal in terms of water or sewerage

infrastructure and requested that an informative be attached to any permission relating to surface water drainage.

Internal Consultees

19. Access Officer raised initial concerns about the development, which were subsequently

addressed by amended plans and shall be further addressed by condition. 20. Design Officer raised no objection to the design or appearance of the proposed

development subject to necessary conditions regarding design. 21. Ecology Officer raised no objection subject to a condition requiring an ecology watching

brief for bats during the construction phase of the development. Furthermore, it was recommended that either bat boxes or access to soffits be provided to facilitate bat roosts in the resulting development.

22. Energy Officer raised no objection to the proposal, welcomed the 34% reduction of C02 emissions. It was recommended that the scheme should explore the provision of photovoltaic panels to improve C02 reductions towards achieving the 40% reductions of the Core Strategy.

23. Housing Officer welcomed the provision of the 13 affordable dwellings. The Housing

Officer confirmed that there is no longer HCA grant funding available and the scheme should be considered in light of this.

24. Landscape Officer raised no objection to the proposal subject to conditions securing the

adequate protection of neighbouring trees in the Nyton Close playground and details of landscaping

25. Policy Officer raised concerned about the change of use of the site away from an

employment site. 26. Public Protection Division (Noise Team) raised no objection to the proposal subject to

the imposition of a condition relating to sound insulation together with the submission of a Code of Construction response report as part of the S106.

27. Public Protection Division (Land Contamination) raised no objection to the proposal

subject to the imposition of a contaminated land condition. 28. Spatial Planning and Transport (Transport Officer) Raised no objection to the proposal

and suggested securing cycle parking provision by condition. 29. Street Environment Division we consulted but did not provide a response to the scheme. 30. Sustainability Officer was concerned about the quality of information provided, however,

suggested conditions to secure appropriate sustainable features. RELEVANT POLICIES National Guidance 31. The following national and regional guidance is considered particularly relevant to this

application: PPS1 Delivering Sustainable Development

PPS3 Housing PPS10 Planning for Sustainable Waste Management PPS13 Transport PPS22 Renewable Energy PPS23 Planning and Pollution Control PPG24 Noise Development Plan

32. The Development Plan is comprised of the London Plan 2008 (consolidated with amendments since 2004), the Islington Core Strategy 2011 and the Islington Unitary Development Plan (2002). The following policies of the Development Plan are considered relevant to this application:

London Plan 2008 - Spatial Development Strategy for Greater London (consolidated with alterations since 2004)

The Broad Development Strategy 2A.1 (Sustainability Criteria) Thematic Policies 3A.1 (Increasing London’s Supply of Housing) 3A.2 (Borough’s Housing Targets) 3A.3 (Maximising the Potential of Sites) 3A.5 (Housing Choice) 3A.6 (Quality of New Housing Provision) 3A.7 (Large Residential Developments) 3A.8 (Definition of Affordable Housing) 3A.10 (Negotiating Affordable Housing in Individual Private Residential and Mixed Use Schemes) 3A.11 (Affordable Housing Thresholds) 3A.17 (Addressing the Needs of London’s Diverse Population) Connecting London – Improving Travel in London 3C.1 (Integrating Transport and Development) 3C.2 (Matching Development to Transport Strategy) 3C.3 (Sustainable Transport in London) 3C.17 (Tackling Congestion and Reducing traffic) 3C.19 (Local Transport and Public Realm Enhancements) 3C.21 (Improving Conditions for Walking) 3C.22 (Improving Conditions for Cycling) Enjoying London 3D.8 (Realising the Value of Open Space and Green Infrastructure) 3D.13 (Children and Young People’s Play and Informal Recreation Strategies) 3D.14 (Biodiversity and Nature Conservation)

The Crosscutting Policies: 4A.1 (Tackling Climate Change) 4A.2 (Mitigating Climate Change) 4A.3 (Sustainable Design and Construction) 4A.4 (Energy Assessment) 4A.5 (Provision of Heating and Cooling Networks) 4A.6 (Decentralised Energy: Heating, Cooling and Power) 4A.7 (Renewable Energy) 4A.9 (Adaptation to Climate Change) 4A.10 (Overheating) 4A.11 (Living Roofs and Walls) 4A.14 (Sustainable Drainage) 4A.16 (Water Supplies and Resources) 4A.17 (Water Quality) 4A.20 (Reducing Noise and Enhancing Soundscapes) 4A.22 (Spatial Policies for Waste Management) 4A.33 (Bringing Contaminated Land into Beneficial Use) 4B.1 (Design Principles for a Compact City) 4B.2 (Promoting World Class Architecture and Design) 4B.3 (Enhancing the Quality of the Public Realm) 4B.5 (Creating an Inclusive Environment) 4B.6 (Safety, Security and Fire Prevention and Protection) 4B.8 (Respect Local Context and Communities) Implementing the London Plan: 6A.5 (Planning Obligations)

Islington Core Strategy 2011

Spatial Strategy Policy CS8 (Enhancing Islington’s Character) Strategic Policies Policy CS9 (Protecting and Enhancing

Policy CS15 (Open Space and Green Infrastructure) Policy CS16 (Play Space) Infrastructure and Implementation Policy CS18 (Delivery and

Islington’s Built and Historic Environment) Policy CS10 (Sustainable Design) Policy CS11 (Waste) Policy CS12 (Meeting the Housing Challenge)

Infrastructure) Policy CS19 (Health Impact Assessments)

Islington Unitary Development Plan (2002)

Environment Policies: Env5 & 6 (Protecting Trees) Env12 (Community Safety) Env15 Small Children and their Carers) Env16 & 17 (Protection of Amenity) Env24 (New Wildlife Habitats) Conservation and Design Policies: D3 (Site Planning) D4 (Designing in Context) D5 (Townscape) D6 & 7 (Landscape and Public Facilities) D8 (Boundary Walls, Paving and Street Furniture) Implementation Policies: Imp5 (Mixed Use) Imp6 (Efficient Use) Imp13 (Community Benefits)

Housing Policies: H3 (New Housing and Changes of Use to Residential) H7 (Standards and Guidelines) H10 (New Development) Sustainable Transport Policies: T19 (Hierarchy) T34 (Cycle Parking) T45 (Land Use Planning) T46 (Design Issues) T47 (Streetscape) T49 (Meeting the Needs of People with Mobility Problems) T52 (Facilities for Cyclists) T55 (New Development)

Designations

33. The site has the following designations under the London Plan 2008 and Islington Unitary Development Plan (2002): - none

Supplementary Planning Guidance (SPG) / Document (SPD)

34. The following SPG’s and/or SPD’s are relevant:

Islington UDP London Plan - Accessible Housing in Islington - Conservation Area Design Guidelines - Inclusive Landscape Design - Planning Standards Guidelines - Planning Obligations and S106 - Urban Design Guide

- Accessible London: Achieving and Inclusive Environment

- Housing - Sustainable Design & Construction - Providing for Children and Young

Peoples Play and Informal Recreation - Planning for Equality and Diversity in

London EVALUATION

Land-use

35. The existing Site has a historic use as light-industrial and the buildings on site provide for approximately 1,263sqm floorspace. The existing buildings are currently vacant, have been vacant for approximately 8 years and are in a severe state of disrepair.

36. Change of Use to Residential The redevelopment proposal would result in a change of

the use away from the established, although not active, use of this site for light-industrial purposes. It is the council’s policy to protect employment accommodation unless: it is vacant and has been proven that there is no demand for the space or the site is not considered best suited to ongoing employment use. The application has not been accompanied by a dedicated marketing campaign proving the lack of demand for the site, however, given that the site is in such a state of disrepair, has been vacant for almost a decade, and is poorly served by road access this is not considered strictly necessary in this instance. Furthermore, the recent grant of planning permission for the change of use of the neighbouring site at 169-191 Fairbridge Road (the Fairbridge Scheme), which hugs the southern and eastern boundary of the Site, from a timber-merchant’s yard to residential will significantly change the nature of the immediate surrounding area, so much so that residential accommodation on the Site would not be out of keeping. It is therefore considered that the circumstances of this site are such that the change of use to residential is considered acceptable. It is acknowledged that the redevelopment of this site would remove a significant derelict site from a predominantly residential area and that this is likely to have a significantly beneficial impact in terms of visual amenity, which in turn is hoped to assist with the regeneration of the surrounding area.

37. Creation of Residential Use Adjacent to an Operational MOT Garage No. 174-178, Unit

A, Courtauld Road (the MOT Garage) fronts the eastern boundary of the existing private accessway. A certificate of lawfulness was issued in March 2004 which confirmed the use of this site as a MOT Garage, and officer’s site inspection has confirmed that the premises is still in operation for that use.

38. As explored as part of the assessment and approval of the Fairbridge Scheme; the

operation of the MOT Garage includes vehicles: being MOT tested; undergoing general mechanical servicing; sanding down of bodywork/panels; paint spraying. Testing, servicing and sanding constitute sources of air emissions, however, these are considered to be small and infrequent and in the case of sanding activities dust suppression equipment is fitted to the sanders so dust is extracted into a bag-filter system. The existing spray booth, in which paint spraying activities are undertaken, is on average used for an hour a day Monday to Friday. The Environment consultant of the Fairbridge Scheme confirmed that the booth is used for spraying car components rather than whole vehicle re-sprays. The paints used within the spray booth are all water based with a low Volatile Organic Compound (VOC) content and are VOC compliant. Site visit has confirmed that paints are mixed in a separate mixing booth, which is sealed when mixing is taking place and that an extraction system removes fumes. The operators of the MOT Garage confirmed that the filters for the extraction units are changes regularly and maintained as necessary. The booth benefits from an extraction system and is vented above roof height through a flue located in the north eastern corner of the building.

39. The committee report of the approved Fairbridge Scheme concludes that:

as the MOT Garage already adjoins a significant number of residential properties to the north and east and has not been the subject of any noise or emission complaints; and as the existing spray booth extraction flue is

much closer to existing dwellings than the proposed dwellings within the Site (the predominant wind direction is from south to north) that the development is unlikely to have a detrimental impact on the resulting residential amenity. In light of the above the location of residential use to the south of the MOT Garage is considered acceptable in this instance.

40. The current application is located to the opposite side of the road to the MOT Garage

(the Fairbridge Scheme adjoined its southern boundary) and the assessment and conclusions of the Fairbridge Scheme are considered equally relevant to the current proposal. The creation of residential use in this location is therefore considered acceptable.

Design

41. The scheme includes the refurbishment of an existing Victorian light industrial building

(for the ease of reference: the ‘Victorian Warehouse’), demolition of a single storey building and erection of a part 3, part 4-storey building wholly for residential use.

42. Layout The plans suggest the creation of new flats within the converted Victorian

Warehouse using the existing floor levels and creating a new level within the large pitched roof of the building. There is no alteration to the established building line of the Victorian Warehouse other than to demolish the small single storey rear lean-to which runs the length of the rear façade to provide for garden space. The new building, which would be attached to the northern elevation of the converted building would cover the majority of the remainder of the site. The new building is slightly set-back from the building line of the converted Victorian Warehouse, where it fronts Courtauld Road it would form an intermediary step between the front Courtauld Road building line of the Nyton Close building to the west and 180 Courtauld Road to the east.

43. Separated private garden space is provided to the rear of both buildings for the

exclusive use of the ground floor dwellings together with a small forecourt landscaped area located between the northern elevation of the new building and Courtauld Road. A condition is attached (condition 30), which ensures that the garden fences are provided prior to the first occupation of the development.

44. Height and Scale There is no proposed increase in the scale or bulk of the Victorian

Warehouse as the resulting dwellings it would contain are accommodated within its existing envelope. The flats within the roof of the converted Victorian Warehouse have been accommodated by the cutting of new windows to both sides of the roofscape and balconies into the eastern face of the roofscape to light the dwellings located at this level. One of the benefits of the scheme, in design terms, is the removal of the two very large and ungainly brick structures which rise above the existing roofline and that are affixed to the northern elevation the converted building. The new building has a stepped roofline, being 4-storeys where it adjoins the converted building and dropping to 3-storeys towards Courtauld Road. Due to the set-back and height of the 4-storey element, where it adjoins the Victorian Warehouse, the parapet of the new building would not rise above the slope of the roofscape of the converted building and therefore would not disturb its roofline. The 3-storey height of the new building where it fronts Courtauld Road reflects the established heights along Courtauld Road.

45. The proposed height and scale of the development is considered to be well considered

and appropriate given the surrounding context. The resulting development is considered to relate well to the height and scale of the surrounding area and the

approved new buildings of the Fairbridge Scheme. A condition is attached (condition 9) requiring the submission of details relating to any lift overrun or roof-top enclosures as this may affect streetviews.

46. Appearance The retention and refurbishment of the existing Victorian Warehouse is

welcome as, although not statutorily or locally listed, it is interesting and has the potential to be a handsome building if repaired. The resulting design of the converted Victorian Warehouse follows a sympathetic warehouse-conversion approach, the brickwork would be cleaned, a new central feature created and modern replacement warehouse-styled windows provided. The window and integral balcony interventions within the roof level would not be very noticeable from a pedestrian street perspective given the slope of the roof, and in any event such interventions are not uncommon within warehouse conversion schemes. The new building is of a simple rectilinear design with grouped, punched windows embedded within a brick frame. Corten feature cladding is proposed to residential entrances, within the inset panel fronting Courtauld Road and also to the rear Nyton Close elevation.

47. The surrounding area is not characterised by a predominant architectural style,

notwithstanding this, the proposed development has been designed in a manner which responds sympathetically, both to the retained building and to the buildings within its immediate context. In this light the proposal shows the creation of a contemporary buildings whose elevations are correctly residential in appearance and have been broken down by the creation of framed and grouped window arrangements. The development is considered to knit well into the established townscape (and resulting townscape created by the Fairbridge Scheme) and urban fabric. The appearance of the development, although of a contemporary design, is considered to be aesthetically pleasing and subject to the conditions suggested below is expected to have a positive impact on existing streetscenes.

48. The palette of materials is shown as being principally of brick, corten, glazing, spandrel

panels and balconies. A condition is attached (condition 4) which requires details of all facing materials and details of roofing, windows, and balconies. The materials condition also confirms that all windows within the development shall be recessed by no less than 150mm and the Corten recessed panel fronting Courtauld Road shall be recessed no less than 100mm in from the surrounding brickwork. It will be necessary to clean the brickwork of the converted building, it will also be necessary to infill redundant doorways and windows to the southern elevation, a condition is attached (condition 5), which requires any new bricks to match the existing and that any brick cleaning is done sensitively.

49. In the interest of security and good design, and as the elevations provided do not

provide explicit details of ground floor entrances, a condition is attached (condition 7), which requires the submission of details of the ground floor residential entrances

Neighbouring Amenity

50. The Development Plan contains adopted policy that seeks to safeguard the amenity

(habitable rooms only) of adjoining residential properties; no adopted policies exist that seek to safeguard the amenity of neighbouring commercial properties. Consequently this section examines the impact of the proposed development on existing (and approved proposed) habitable rooms of neighbouring residential properties. The following surrounding properties are known to be in residential use: 180 Courtauld Road, 1-2 Nyton Close and the Fairbridge Scheme an assessment of the impact of the development on each of these properties is provided within the following paragraphs.

51. Properties at 5-9 Byworth Walk and 3-4 Nyton Close are of a distance and orientation

whereby it is not considered that they would experience any significantly noticeable impacts on amenity.

52. Prior to examining the impact on the adjoining residential properties it is necessary, in

the interest of providing clarity and to prevent repetition, that the policy stance that is taken on matters relating to: overlooking; and daylight and sunlight is made clear.

53. Methodology - Daylight and Sunlight An independent sunlight and daylight report has

been submitted which assesses the impact of the proposed development on existing lighting levels to neighbouring residential properties. The technical analysis has been carried out in accordance with the BRE Guidance ‘Site Layout Planning for Daylight and Sunlight’ (hereafter BRE Guidelines) and assesses the resulting impact on each of the adjoining residential properties individually.

54. For clarification and when examining daylight, the BRE Guidelines suggest a three

stepped approach to measuring whether there might be a real and noticeable loss of daylight to neighbouring properties: - Step 1: Produce and examine a simple 2D cross-section that is taken through the

existing and proposed buildings, an angle of 250 is drawn from the mid point of the windows (the horizontal emanating at right angles from the mid-point of the affected window). If it is shown that the proposed new building would not obstruct the 250 angle and/or would not obstruct the angle greater than existing then no further assessment is needed. If obstruction occurs then step 2 should be employed;

- Step 2: produce a model of the existing and proposed building/structures on the site and the existing surrounding buildings. Calculate the Vertical Sky Component (VSC) using a 2D Skylight Indicator (appendix A of BRE Guidelines) or by modelling software. o If the VSC for a window is less than 27% and less than 0.8 times its former value,

then there may be a noticeable loss of daylight o If the VSC for a window is less than 27% but more than 0.8 times its former value

then daylighing levels may be adequate and then step 3 should be employed. - Step 3: consideration of the Daylight Distribution (DD) within an affected room by

plotting the ‘no-sky’ contour line at the working plane. This is the contour within a room, behind which no sky is visible from the room’s window (or windows) at the working plan. The BRE Guidelines state that ideally this should be 0.8 times or more the former working are prior to the development. There is no absolute minimum area given by the BRE Guidelines. To calculate DD, information is needed regarding the internal layout and arrangement of the effected rooms. In the absence of such information sensible assumptions need to be made as to the layout.

55. For clarification and when examining sunlight, the BRE Guidelines notes that (in the

northern hemisphere) the sun path from east to west take a southerly transit. Therefore neighbouring windows which do not face within 900 of due south do not warrant assessment in terms of infringement of sunlight. When measuring the impact on sunlighting levels, the BRE Guidelines suggest that sunlight availability to windows is unlikely to be adversely effected if one of following three parameters is satisfied: - The proposal obstructs an angle less than 250; or - The assessed window receives more than 0.8 times its former annual probable

sunlight hours and winter values for sunlight; or - The assessed window receives more than a quarter of the APSH (including at least

5% APSH during winter: 21 Sept to 21 March).

56. The BRE Guidelines makes reference to another different technical test for measuring

daylighting levels, which is often employed to measure daylighting to rooms within new developments – referred to as Average Daylight Factor (ADF). The ADF is derived through relatively complicated mathematical calculation of the distribution and quality of light within rooms including consideration of room and window sizes, surface finishes, glazing quality and room use. The BRE Guidelines suggest ADF values for dwellings of: 1% for bedrooms, 1.5% for living rooms and 2% for kitchens.

57. The BRE Guidelines acknowledges that in order to secure an appropriate urban form

that preserves and/or enhances the character and appearance of surrounding streetscenes reductions in sunlight and daylight beyond the suggested minimums may be necessary.

58. Methodology - Privacy and Overlooking Across Public Highway The council’s adopted

SPG ‘Planning Standards Guidelines’ recommends that when considering new development a minimum of 18m window to habitable room window separation distance should be provided in order to prevent an undue loss of privacy (this requirement can be waived in the instances where acceptable design solutions are employed to prevent overlooking).

59. It is noted that 180 Courtauld Road and the Fairbridge Scheme are located to the

opposite side of the new road to the Site. It is acknowledged that the proposed development would cause some degree of overlooking of windows across existing public highways. However, the mutual overlooking of habitable rooms windows across a public highway is not uncommon occurrence within London; and Islington is no exception to this. Refusal of the application on the basis of overlooking across a public highway could not therefore be sustained.

60. 1-2 Nyton Close comprises a 3-storey 1960’s buildings solely in residential use. The

buildings adjoin the western boundary of the Site and have narrow east facing windows – located approximately 8m away from the western flank wall of the proposed new building. At present the Nyton Close windows overlook the hard-standing currently used for ad-hoc informal car parking.

61. The proposed new building has windows within its west elevation which would face the

windows of Nyton Close. The proposed new windows in this location are all proposed to be bay windows with the pane facing Nyton Close to be obscure coloured glazed. The proposal would therefore not result in overlooking of the neighbouring 1-2 Nyton Close. In the interest of ensuring the protection of the residential amenity of Nyton Close, a condition is attached (condition 8), which requires that all treated windows are provided prior to the first occupation of the development.

62. It is acknowledged that the erection of the new building would alter the outlook of the 1-2

Nyton Close, however, the resulting distances between buildings is not considered particularly harmful.

63. The daylight and sunlight report indicates that the majority (7 of the 9 habitable room

windows) are dual aspect and therefore the eastern elevation of 1-2 Nyton Close is not their only access to light. The report confirms that the two bedroom windows which are not dual aspect and which are located within the eastern elevation at second floor level although experiencing VSC reductions, these achieve 0.84 and 0.82 of their former value respectively (Step 2) and both experience no change in Daylight Distribution. The

proposed development is therefore considered to meet the suggested parameters of the BRE Guidelines. As the eastern elevation of 1-2 Nyton Close is not 900 of due south, the guidance does not suggest assessment of the impact on sunlight levels is warranted.

64. Fairbridge Scheme The northern arm of Block B of the Fairbridge Scheme is located

opposite the converted building of the current proposal. 65. The proposal suggests no change to the bulk or height of the converted building or to its

established building line. Therefore it is considered that the proposal would not alter the daylight/sunlight levels reaching the Fairbridge Scheme. Given the refurbishment of the converted building it is considered that the resulting outlook of the Faribridge Scheme would be improved.

66. 180 Courtauld Road comprises a 3-storey converted terrace house solely in residential

use. The building is located to the opposite side of the new road and fronts Courtauld Road. There are no windows within its western elevation, windows exist within its rear facing southern elevation.

67. The daylight and sunlight report submitted in support of the application has confirmed,

due to the location of windows within the elevations, that there would not be a noticeable change in daylight or sunlight to neighbouring habitable room windows to 180 Courtauld Road. Given the orientation of the rear south facing windows, it is unlikely that outlook from these rooms would be altered.

68. Noise In the interest of maintaining a suitable residential environment a condition is

attached (condition 16) which limits the noise emissions from any future fixed plant which may be installed.

69. Construction Impacts In the interest or protecting neighbouring residential amenity

during the construction phase of the development, (having regard to impacts such as noise and dust) the applicant has agreed to comply with the Council’s Code of Construction Practice, and also to provide a Construction Logistics Plan and a Construction Response document. These obligations have been secured within the S106, together with a payment of £3,100 towards the monitoring of the site to ensure its neighbourliness (clause 11). This payment is considered be an acceptable level of contribution having regard to the scale of the development, the proximity of other properties, and likely duration of the construction project.

70. Community Improvements In the interest of mitigating the impact of the development on

existing community facilities, the applicant has agreed to the inclusion of a clause within the S106 (clause 6), which secures a contribution of £30,744 towards the improvement of community facilities within the vicinity of the Site.

Dwelling Mix

71. The scheme proposes 31 new dwellings comprised of:

Dwelling Type No. of units Percentage One bedroom 9 29.0% Two bedroom 15 48.4% Three bedroom 5 16.1% Four bedroom 2 6.5%

TOTAL 31 100% 72. All dwellings, both within the converted and new building, would be comprised of flats. 73. The proposed mix of dwelling sizes generally follows the aspirational mix outlined within

the Islington Housing Needs Study 2008 (HNS), which would see schemes provide for a higher proportion of two, three and four bedrooms dwellings and less one bedroom dwellings.

74. The proposed development is considered to meet an identified housing need. The

development is considered therefore to accord with the requirements of London Plan policy 3A.5 and Core Strategy policy CS12 which seek to secure balanced and mixed communities and variety in housing to suit the widely differing social and economic needs of the borough’s population.

Density

75. The London Plan requires developments to achieve the highest possible intensity of use

compatible with the local context. The redevelopment scheme proposes a total of 31 residential dwellings comprised of 93 habitable rooms (hr) within a site which is equal to 1,000sqm or 0.1ha. Density is expressed as habitable rooms per hectare (hrh) and is calculated by dividing the total number of habitable rooms by the gross site area. The redevelopment scheme therefore results in a residential density of 930hrh.

76. The Islington Core Strategy (CS12d) states that development should not exceed the

density range of the London Plan. The Site falls within a density range of 200-450hrh as stipulated within policy 3A.3 of the London Plan. It is noted that the Council’s policy on density, H12 – which took a criteria based approach to assessing density rather than stipulating a numerical range – was not saved following the Secretary of State’s review of UDP policies. In considering density the London Plan does acknowledge that all developments should take into account the location to or provision of social infrastructure. It is noted that policy 3A.4 confirms that the London Plan density matrix sets a strategic framework for London. It is therefore for the Local Authorities to consider local implications, as each application must be determined on its own merits.

77. The proposed residential density sits above the suggested density range of the London

Plan. The resulting density is not considered objectionable in this instance as the redevelopment uses land more efficiently; is unlikely to affect neighbouring residential amenities in an unacceptable manner; secures a high standard of design and sustainable construction; greatly improves townscape; and is conveniently located to shops, facilities and services. The resulting density is therefore considered appropriate and compatible with the local context.

78. The creation of an additional 31 dwellings, when considered cumulatively with the 80

approved by the Fairbridge Scheme is not considered to result in significant undue pressure on existing amenities, particularly given the S106 mitigation and contributions secured by both the current application and the neighbouring Fairbridge Scheme.

Quality of Resulting Residential Accommodation

79. The scheme proposes the change of use, conversion and extension of an

existing building providing for a total of 31 residential dwellings. It is policy to

ensure that new accommodation is functional, well designed and appropriate for its use.

80. All flats would meet and in most cases exceed the council’s minimum floor area and

minimum room size space standards. All dwellings are to be self-contained, with entrance halls and rooms accessed from general circulation areas and all rooms are considered to be of appropriate and regular shapes allowing full use and functionality. A suitable amount of space is available for storage areas. The new dwellings are therefore considered to be acceptable in terms of their resulting layout and functionality.

81. Aspect The scheme has been designed so that the majority (26 units - 84%) of

the proposed dwellings enjoy a dual aspect. The five resulting single aspect dwellings would be south-west facing and overlook Nyton Close, they are considered to have an adequate outlook and orientation. In general the proposed development is considered to provide for good solar access, it is acknowledged that the retention of the existing building imposes restrictions on the potential for further improvements in this regard.

82. Overlooking Given the rectangular shape of the site and resulting buildings there

is no opportunity for overlooking between the new flats created. Potential for overlooking of neighbouring properties is addressed separately under the section of this report titled ‘Neighbouring Amenity’

83. Amenity Space All 10 dwellings at ground floor level have been provided with

small garden areas and 10 of the dwellings at upper levels would be provided with balconies. Due to the retention of the existing building, coupled with location of existing and proposed habitable room windows the scheme has been unable to provide more balconies or private amenity space than as shown. The potential of the use of the new flat roof was considered, however, a roof terrace is likely to result in undue overlooking of Nyton Close properties, would disrupt the crisp parapet line of the roof and would necessitate the removal of the green roof. Although it would be desirable for more amenity space to be secured, it is considered the scheme would deliver the best the site can achieve given its constraints.

84. In order to assist in providing acceptable amenity standards the applicant has

agreed to provide a financial contribution of £53,501 towards open space improvements, £24,192 towards sport and recreation improvements and £32,190 towards children’s playspace improvements all of which are secured via clauses within the S106 (clauses 3 and 4).

85. The biodiversity roof condition (condition 18) is worded to ensure that those

roofs are not used as amenity spaces. 86. Security The Crime Prevention Officer raised no objection to the proposal. In

the interest of providing a secure development a conditions are attached (conditions 13 and 14) requiring further details of any proposed external and security lighting, details of the provision of external post-boxes and secure entry systems.

87. Noise Conditions are attached (condition 15) which require the resulting

buildings to achieve internal noise targets in compliance with the current British Standards.

Accessibility

88. In general the overall design is logical and relatively simple in layout. The spaces

created are often generous in size and of appropriate proportions for their function, which makes the integration of accessibility into the scheme viable and sustainable. Amendments have been made to the proposed development, which substantially improve the accessibility of the scheme and bring it closer to meeting the principles of inclusive design.

89. Residential Accommodation In general the dwellings are considered to be sensibly

planned with logical layouts. The plans have provided indicative furniture layouts which adequately demonstrates the functionality and usability of the dwellings and their spaces. The residential layouts indicate that the dwellings would, or with minor amendments, could meet the council’s accessible housing standards (which include Lifetime Homes) within their footprint. A condition is attached (condition 10) requiring that the dwellings are indeed designed to the council’s Accessible Housing standards and that details are submitted for approval.

90. The scheme proposes the creation of three (10hr) dwellings designed to wheelchair

accessible housing (WAH) standards – the dwellings comprise 1x3 and 2x2 bedroom flats. The provision of WAH, like affordable housing, is calculated on the basis of habitable rooms. The suggested provision would equate to 10.7% of the total number of habitable rooms created and therefore slightly above the 10% policy requirement. There are some matters to resolve in terms of the detailed design of the WAH, however, the dwellings are considered to be of a size which can adequately accommodate the changes without materially changing the nature of the scheme. Consequently a condition is attached (condition 11) securing the number of dwellings designed to WAH standard and also the submission of details of those dwellings.

91. A condition is attached (condition 12), which secures the provision of all lifts within the

development prior to first occupation, step free access and level thresholds, and space for mobility scooters. The applicant has agreed to a clause within the S106 (clause 10), which secures £6,000 towards the provision of disabled parking bays or alternative sustainable transport measures.

Financial Viability and Affordable Housing

92. It is the Government’s key housing policy goal to ensure that everyone has the

opportunity of living in a decent home, which they can afford, in a community where they want to live. In this regard Government Guidance within PPS3 seeks to deliver new housing which: is of a high quality, provides a mix of market and affordable homes to support a wide variety of households resulting in mixed and balanced communities; is of an appropriate quantity; is in suitable locations; and is a flexible and efficient use of land. With regard to affordable housing targets, PPS3 states at paragraph 29 that targets ‘should also reflect an assessment of the likely economic viability of the land for housing… taking into account risk to delivery and drawing on informed assessments of the likely levels of finance available for affordable housing…’

93. The London Plan (policy 3A.9) and the Islington Core Strategy (Policy CS10g)

sets a strategic London-wide and Islington borough-wide affordable housing target of 50% and suggests that within that target there is an objective for 70% social housing 30% intermediate provision. The supporting text at paragraph

3.48 of the London Plan policy confirms that ‘Affordable housing targets should be sensitive to the economic and social circumstances of London’. Policy 3A.10 confirms that: boroughs should seek the maximum reasonable amount of affordable housing a site can achieve; there is a need to encourage rather than restrain residential development; and affordable housing targets should be applied flexibly – taking into account individual site costs, the availability of public subsidy and other scheme requirements. The supporting text to this policy at paragraph 3.52 states that boroughs should ‘take account of economic viability… [and] the individual circumstances of the site’. Paragraph 3.53 confirms that ‘there will be some sites that are capable of achieving more towards meeting the overall 50% Londonwide affordable housing target and some less’. Paragraph 3.54 goes on to state that ‘… boroughs should take a reasonable and flexible approach on a site-by-site basis…’ In order to consider what the maximum reasonable amount of affordable housing sites may achieve the London Plan 2008, Islington Core Strategy 2011 and the London Plan Housing SPG all suggest the submission of viability assessments to ensure that sites justify their provision of affordable housing.

94. The Affordable Housing Offer The proposed development shall provide for a total of 31

residential units comprised of 93 habitable rooms (both for private sale and affordable housing). Of the 31 dwellings (93 hr) created 13 dwellings (40 hr) shall comprise affordable housing. Affordable housing provision is calculated with reference to the number of habitable rooms provided and in this instance the scheme shall provide for 43% affordable housing.

95. The 13 affordable dwellings are comprised of 2x1, 8x2 and 3x3 bedroom flats. Of the 13

affordable units created 9 (29hr) would comprise social rented accommodation and 4 (11 hr) would be intermediate / shared ownership accommodation. Therefore tenure split is to be 72.5% social rented and 27.5% intermediate / shared ownership housing

96. The proposed dwelling mix of the 179 affordable dwellings, separated into tenure, is

summarised below:

Schedule of Affordable Accommodation

Unit size (Social)

Number of Units

% Unit size (Intermediate)

Number of Units

%

One bed 0 0% One bed 2 50% Two bed 7 78% Two bed 1 25% Three bed 2 22% Three bed 1 25% TOTAL 9 100% TOTAL 4 100%

97. The affordable housing shall be provided within the new building at ground, first

and in part at second floor level. It is noted that the affordable housing has been designed to be tenure blind i.e. the appearance of the affordable housing elements are in keeping with that of the market housing.

98. The council’s Housing Officer has considered and welcomes the proposed tenure

and mix of affordable dwellings – no objection was raised to the overall percentage of affordable housing given the findings of the financial viability assessment.

99. The applicant has agreed to a clause within the S106 (clause 1), which appropriately secures the affordable housing provision.

100. Financial Viability Assessment In accordance with Government and Regional

policy/guidance a financial viability assessment was submitted with the application to justify the provision of affordable housing, which at 43% is below the London-wide and Islington borough-wide strategic target of 50%. Both the London Plan and the Islington Core Strategy seek the maximum reasonable amount of affordable housing sites can provided.

101. In order to properly and thoroughly assess the financial viability assessment, its

approach and findings (which applied the GLA Development Control toolkit) it was necessary for council officers to pass the documents on to an independent financial assessor for scrutiny and review. In this regard the District Valuer Service (DVS) – part of Valuation Office Agency were instructed. DVS produced a report in response to the financial viability appraisal submitted and that report shall hereafter be referred to as the ‘DVS Report’ (Appendix 2)

102. The applicant’s financial viability assessment (hereafter the ‘Viability

Assessment’) confirms that the current poor economic conditions and prevailing property market has had a significantly negative impact upon the residential sector. Although it is hoped that the outlook for the local economy and financial markets will improve uncertainty persists for now.

103. The Viability Assessment originally proposed 31% affordable housing, which

following detailed negotiations with the DVS was raised to 40%. The Viability Assessment suggested that an increase in affordable housing provision or the S106 financial contributions would result in an unviable development.

104. The council’s independent assessor has considered the Viability Assessment

and the DVS Report confirms that adequate information has been provided to allow an assessment of viability.

105. The council’s Housing Department has confirmed that grant under the HCA

2011-14 funding regime is only for new ‘affordable rents’, which are not considered to meet affordable housing requirements in Islington, as set out in the Core Strategy. In terms of housing provision the need in Islington is for social rented and intermediate / shared ownership housing. As funding is no longer available for these types of units, all planning applications going forward should assume a nil grant in their financial appraisals. The DVS Report has therefore assumed a nil grant.

106. The DVS Report in considering case stated that::

‘The applicant has demonstrated through their assessment that the scheme can support no more than 40% affordable housing… [however] the ‘other’ costs relied on by the applicant… have not be sufficiently evidenced by way of breakdown/schedule or works under each cost heading.’

107. The DVS Report confirms that if the ‘other’ costs cannot be evidenced and are therefore excluded from the assessment then the change in the Viability Assessment is such that an additional social rented unit could be provided. The report suggested the conversion of unit 26 from private accommodation to social

rented accommodation – in doing so the maximum affordable housing offer which could be secured would be 43%.

108. Following further consideration and negotiation, the applicant has agreed to the

amendment to the affordable housing offer. The scheme now proposes 43% affordable housing.

109. Conclusion on Affordable Housing In accordance with adopted national and

regional policy and guidance, boroughs are required to take into account economic viability together with the individual circumstances of sites when considering planning applications. It is also logical that developers seek to obtain planning permission capable of implementation as there is little reason to obtain a permission that can never be acted upon. In accordance with policy, the applicant has submitted a Viability Assessment to justify the affordable housing offer which is below the 50% London-wide and Islington borough-wide strategic target.

110. The Viability Assessment was scrutinised by an independent assessor, the DVS,

which were appointed by Islington Planning Service. DVS concluded, assuming nil grant, that the scheme could viably provide a maximum of 43% affordable housing. An increase in the percentage provision of affordable housing above 43% or an increase in S106 contributions would adversely affect the viability and deliverability of the scheme.

111. Officers consider therefore that the provision of 43% affordable housing is the maximum

reasonable amount of affordable housing that the Site can achieve at this point in time.

Sustainability 112. The scheme indicates that the proposed redevelopment shall balance environmental

performance with the need for a safe and healthy internal environment. The applicant has given a commitment to Code of Sustainable Homes stating the development could reach ‘Code level 4’ standard. A condition is attached (condition 17), which requires the scheme to achieve Code Level 4.

113. The proposal shall deliver a scheme which applies low energy, low maintenance and an

environmentally responsible response to the re-development. In that context is to provide for: - Reuse of an under-used ‘brownfields’ site; - good solar orientation; - 34% reduction of (regulated/unregulated) carbon emissions; - Use of low-water fixtures and fittings; - environmentally appropriate materials (green procurement) to be secured by

condition (condition 6); - on-site renewable energy provision to secured by condition (condition 24); - provision of recycling alongside refuse containers; - re-use of demolition materials in construction; and - energy efficient indoor and outdoor lighting systems.

114. Water and Biodiversity In the interest of reducing water use the London Plan policy

4A.16 applies a maximum water use target of 105 l/p/day for residential developments and the Core Strategy policy CS10c suggests 95 l/p/day. No details have been submitted of the resulting expected water conservation aspects of the scheme.

Consequently a condition is attached (condition 19) requiring the development to meet water use and conservation measures between 95 – 105 l/p/day.

115. The scheme provides extensive flat roof areas and at present does not propose a green

or accessible roof. In the interest of sustainability, water conservation and biodiversity the London Plan and the Core Strategy requires the provision of living roofs and walls within major developments wherever feasible. The benefits of a green/brown roof particularly in reducing water run-off and therefore reducing pressure on existing water infrastructure is significant; and a condition is attached (condition 18) which requires the installation of a biodiversity based green/brown roofs with substrate base of between 50-150mm.

116. Bats The applicant has submitted a bat-survey in response to a representation received

from a member of the public. The survey concluded that there was no evidence of bat use was found within the interior of the existing warehouse building or within its exterior. There was no signs that bats were using the single storey building or other additions. As the bat-survey was not carried out at the most appropriate time of the year for such a survey to be undertaken, the council’s Ecology Officer has recommended that an ecological watching brief be carried out during the construction phase of the development to ensure that no accidental harm or disturbance to any bats occurs (condition 20). The nearby Nature Conservation Area at Elthorpe Park offers a foraging opportunity for bats and consequently a condition is also attached (condition 21) to secure habitat provision within the site - either the accessibility of soffits within the converted Victorian Warehouse for bats or alternatively the installation of bat-boxes.

Energy Efficiency and Renewable Energy

117. It is the Mayor’s objective when considering major developments that the energy

hierarchy be followed when considering major applications. The hierarchy expects: - significant and measurable improvement in energy efficiency and reduction in C02

emissions; - supplying energy efficiently by prioritising a decentralised energy solution such as

Combined Heat and Power (CHP) / Combined Cooling Heat and Power (CCHP); - at least a 20% reduction of C02 emissions by the provision of on-site renewable

energy sources. 118. The Council’s Core Strategy policy CS10 seeks to ensure that all development

demonstrates that it minimises on-site carbon dioxide emissions using the London Plan energy hierarchy. This development should seek to secure a total on-site reduction in C02 emissions of 40% when compared to Building Regulations 2006 compliant building. (where the scheme forms a major development and it is not sited in a location where a connection to a decentralised energy network is possible at this time).

119. In relation to Core strategy policy CS10, the scheme would reduce C02 emissions by

approximately 34% from 2006 Building regulations. This is short of the 40% target, however this is likely to be increased to 40% by on-site renewable energy provision discussed in the following paragraphs.

120. Policy CS10A requires the remaining C02 emissions (66%) to be off-set to secure zero

carbon emission developments. In this instance, the tariff for defining the price (per tonne of C02) has not yet been established and given the funding constraints on this proposal, it is not considered reasonable to secure the payment of a C02 emission contribution in this instance.

121. The scheme proposes the installation of a small CHP engine on site. In accordance

with current policy a condition is attached (condition 23) which requires details of how the facility can be connected to a future district heating system. A separate condition is also attached (condition 22), which ensures that the energy centre / plant room is provided an operational prior to the first occupation of the development.

122. The energy statement submitted in support of the scheme although exploring potential

renewable energy options does not suggest the installation of any and seeks to rely on the provision of a CHP engine alone. Although the CHP is welcome, it does not form a ‘renewable energy’ under the Mayor’s Energy Hierarchy. Consequently, a condition is attached (condition 24), which requires the submission of renewable energy options which could improve the overall C02 reductions and also contribute towards meeting the 20% reduction in carbon emissions by dedicated renewable energy provision.

Highways and Transportation

123. The Site has an ‘average’ Public Transport Accessibility Level (PTAL = 2-3) and is

located within the ‘Zone Z’ Controlled Parking Zone (CPZ). Archway underground station is located approximately 700m west of the Site and Crouch Hill overground station is located approximately 600m east of the Site. Three (3) bus services pass nearby the site at Hornsey Road and Hazelville Road. The London Borough of Islington is the Highway Authority for Courtauld Roads and this road is not classified as a red-route.

124. A transport statement has been submitted in support of the scheme and concludes that

the scheme constitutes a highly sustainable development, which with its limited trip generation will have little relative impact on the local public transport network and the capacity of the vehicular / pedestrian facilities. The existing premises, a light-industrial premises, presently could generate a high number of vehicle trips relating to the sale and movement of good from the site, which would be likely to include the use of larger vehicle trips. The proposed change of use of the site from its current light-industrial use to a residential use would remove the vast majority of potential vehicle trips and therefore, going forward, has a overall beneficial impact on the likely free-flow of traffic to surrounding streets.

Car and Cycle Parking The scheme proposes no on or off-street car parking bays for any of the residential dwellings created and therefore constitutes a car-free development. Car-free developments can be defined as development with no car-parking facilities for residential or visitors other than as needed to meet the needs of disabled people. The lack of car-parking meets with Core Strategy policy CS10h which requires all developments to be car-free. The applicant has agreed to a clause within the S106 (clause 10), which secures £6,000 towards the conversion of on-street parking bays to provide for disabled parking bays or alternative sustainable transport measures.

125. An informative is attached which confirms, in accordance with policy CS10h, that future

residents will not have access to car parking permits. A condition is attached confirming that no car parking is permitted on site.

126. As the scheme proposes only 31 dwellings it is not considered to be of a size that a

travel plan would be expected.

127. The scheme shows the provision of three separate, secure residential bicycle enclosures; one within the converted Victorian Warehouse and two within the new building. In total space is provided for 31 cycles, which meets the requirements of 1:1 provision stipulated within TfL cycle parking guidance. The provision of residential cycle parking is welcome and a condition is attached (condition 26) requiring the provision of the secure cycle parking facilities prior to the first occupation.

128. Waste Management The scheme includes the provision of three separate, secure

refuse and recycling enclosures; one adjacent to the entrance to the converted Victorian Warehouse and two adjacent to the entrances within the new building. No objection has been received from the council’s Street Environment Service regarding the provision. A condition is attached (condition 27) which requires the provision of further details of the waste management strategy for the Site together with full details of the refuse/recycling enclosures.

129. Footways, Highways and Public Realm The applicant has agreed to a clause

within the S106 (clause 7) to ensure the standard of the footpaths and roads adjoining the site; and that those used for construction access are maintained / reinstated following the completion of construction work. Furthermore, the applicant has agreed to a clause (clause 2), which secures a contribution of £54,747 towards transport and public realm improvements in the immediate vicinity of the Site. The New Road Created by the Fairbridge Scheme

130. The site boundary of the Fairbridge Scheme encapsulates the former Merchant’s Yard together with its private accessway, which connects Courtauld Road with Fairbridge Road – this private road is sited outside the long eastern frontage of the application site and the application site relies on this road for principal access (see Appendix 3). Both the neighbouring MOT Garage and application site have access rights over this private accesway allowing them to reach their properties.

131. At present the private accessway comprises a poorly sealed and generally uneven

hardstanding used both as an informal vehicle parking area and through-route. Security gates exist at the Courtauld Road (northern end) and also at the Fairbridge Road (southern end). An EDF sub-station is located within the existing private accessway. The approval of the Fairbridge Scheme allows for the creation of a new, adopted public highway to replace the private road.

132. The road would be provided with footpaths to both sides, together with some tree

planting and 5 on-street disabled parking bays. At Courtauld and Fairbridge Roads bell-mouth entrances have been provided to ensure clear sight-lines and ease of manoeuvring in and out of the new road. To allow sufficient space for the proposed new road the existing EDF sub-station would be incorporated into the Fairbridge Scheme.

133. The provision of a new road was considered to be one of the significant benefits of the

Fairbridge Scheme. It was also considered that without the provision of that road the resulting environment would be such that it would not be suitable for residential use.

134. Footway Provision The private accessway, at the northern end where it meets Coutauld

Road, due to the location of site boundaries was not wide enough to fully accommodate a vehicle carriageway together with two footpaths. Consequently, due to the restricted width, the Fairbridge Scheme suggested the creation of a new road with one complete

footway to the eastern side of the road and a majority complete footway to the west – omitting a small section at the northern tip where the land ownership changed. It was the intention for the small element of footway omitted to be provided as part of any redevelopment proposal for the application site. To facilitate the creation of the footway, the forecourt area fronting Courtauld Road will need to be slightly reduced and the boundary line amended, the applicant has agreed to these changes, which shall be secured by the S106 (clause 8), a clause is also added to ensure that the footway is kept clear of obstruction and un-gated (clause 9).

135. Grampian Condition Regarding New Road Provision The Fairbridge Scheme has not

yet been constructed/finished (planning permission expires 25/06/2013), and therefore the new road has not been provided. The current scheme would rely wholly on the private accessway / new road to allow access to both the converted and new building and, as was the case with the Fairbridge Scheme, it is considered that in the absence of the new road the private accessway is considered of a nature and state not suitable for residential development. It is therefore necessary, in the interest of future residential amenity, to impose a condition (condition 2), which would prevent any works commencing on the current proposal until works have substantially commenced on the provision of the new road, furthermore, none of the new dwellings created within the current scheme shall be occupied until the new road, in its entirety, is practically complete. Landscaping and Trees

136. The ground floor plan suggests the provision of rear ground floor garden areas and also

a forecourt area fronting Coultauld Road. The application was not accompanied by a specified landscaping proposal and it is therefore necessary to impose a condition requiring the submission of further details to be considered by the council’s landscape officer and approved in writing (condition 29). The forecourt area fronting Courtauld Road, due to its width and depth, offers an opportunity for the provision of a / some larger trees which could contribute to improving visual amenities and the greening of the area.

137. A mature trees exist within the neighbouring Estate grounds at Nyton Close. The

council’s Tree Preservation Officer has recommended that a condition be attached (condition 28), in the interest of protecting existing trees within the neighbouring land during the construction phase.

138. The site-plan indicates the provision of a low level brick front boundary wall enclosing

the forecourt fronting Courtauld Road. There is some concern that this wall presents an unduly urban appearance and a revised approach may be more appropriate. Consequently, a condition is attached (condition 31) requiring the submission of details of the front boundary treatments. This condition would also address the ground floor front boundaries of the flats within the new building fronting the new road.

139. Due to the constrained nature of the site it has not been possible to secure on-

site provision of children’s playspace. However, as previously mentioned a the applicant has agreed a £32,190 contribution in lieu of the on-site provision of children’s playspace, which is expecte to be focused on Elthorn Park. The contribution is secured via a clause within the S106 (clause 5).

Other Matters

140. Water Infrastructure Given that the proposed development is a major development it was necessary to consult Thames Water with regard to the potential impact on water infrastructure. Thames Water considered the proposal and raised no objection to the likely impacts on sewerage infrastructure, water provision and surface water drainage – an informative was suggested relating to drainage.

141. Fire and Emergency Planning Authority (F&EPA) Given that the proposed development

is a major development it was necessary to consult with the F&EPA. The F&EPA raised no objection to the proposal.

142. Contaminated Land Land cannot always be assumed to be free from pollution and it is

the council’s and the Government’s policy that developers of polluted land will be required to prepare an investigation of their sites and if necessary undertake remedial work to the satisfaction of the Local Planning Authority. Given the site’s historic use for light industrial purposes it is considered prudent to attach a condition requiring a soil investigation to be carried out along with any necessary remedial works (condition 32)

143. Placement and Local Procurement In response to this shortfall of skills and experience

to meet employment, the applicant has agreed to a clause within the S106 (clause 13), which secures two (2) onsite work placement during the construction phase of the development. These initiatives are viewed as an essential part of developing socially sustainable communities, especially in the growing and intensifying community in which the development is located.

144. In addition, the applicant has agreed to a clause (clause 12), which ensures the

development comply with the council’s Code of Local Procurement to ensure that the procurement of goods and services through the construction phase allows for opportunities for local businesses to tender for these, thereby supporting local businesses and regeneration opportunities.

SUMMARY AND CONCLUSION

Summary 145. The proposed change of use of the site from a vacant employment use to provide for a

residential accommodation is considered acceptable in this particular instance given the length of time the site has been vacant, the poor state of existing buildings, the redevelopment of the surrounding site and the beneficial visual impact of the development. The creation of residential use in this location adjacent to an MOT garage is acceptable in this particular instance.

146. The proposed layout, height and scale of the buildings are considered acceptable and

the development would knit appropriately within its urban context. On the whole the appearance of the development is considered to be appropriately thought out.

147. Subject to conditions and S106 agreement the resulting development is not considered

to have an unacceptable impact on neighbouring residential amenity in terms of: access; sunlight; daylight; privacy; outlook or noise and nuisance.

148. The proposed residential density is considered to be appropriate given the Site’s

location, its context and the overall quality of the proposal. The proposed dwelling mix is considered to be acceptable and would provide for housing that would go towards meeting identified need within the borough.

149. The resulting residential dwelling are considered to provide a suitable standard of

residential accommodation, being well designed and appropriate for its use. The proposal would provide for inclusive and convenient access for all within the development.

150. The development provides for 43% affordable housing. A financial viability assessment

has been submitted and is considered to justify the provision of a level of affordable housing. The affordable housing offer is considered to be the maximum reasonable amount the Site can deliver given its constraints and the viability implications.

151. The development is considered to achieve a good standard of sustainability, provides for

acceptable energy efficiency measures and subject to condition is likely to provide for an acceptable scheme of on-site renewable energy provision.

152. The development would form a car-free development, provide for appropriate cycle

parking provision and refuse/recycling enclosures. The imposition of a Grampian condition to prevent the start of works until the immediately adjoining new road is substantial underway is considered reasonable given that in the absence of the that road the site would not be considered suitable for residential use. The scheme would appropriately ensure the completion of the new footway to the western side of the new road.

153. The development, subject to condition, would provide for suitable habitats in the form of

a green roof, landscaped areas and the protection of existing neighbouring trees. 154. Consideration has been given to the objections made regarding the impact on

neighbouring amenity of nearby properties (i.e. density, cumulative impact, flat layouts and impact on bats) and also regarding: the height, scale, appearance of the development. However, the objections are not considered to be of sufficient weight to outweigh the reasons for granting planning permission. The proposed development is subject to appropriate conditions which seek to facilitate the development and mitigate its potential impacts.

155. Obligations and financial contributions have been secured towards environmental,

infrastructure, services and housing required to facilitate and also mitigate potential impacts of the proposed development.

Conclusion

156. It is recommended that planning permission be granted for the reasons and details as

set out in Appendix 1 - RECOMMENDATIONS.

APPENDIX 1 – RECOMMENDATIONS

SCHEDULE OF APPLICATION DETAILS Application reference P100478 Proposal Change of use and alteration of existing warehouse building

together with erection of a part 3, part 4-storey building providing for 31 dwellings.

Drawing numbers Design and Access Statement – dated March 2011; Energy Statement and Code Compliance Guide – dated July 2010; Daylight and Sunlight Report – dated July 2010; Transport Statement – dated 7 July 2010; Schedule of Accommodation Rev K – dated 21 Mar 2011; PL-100 Rev C; PL-101 Rev F; PL-102 Rev F; PL-103 Rev B; PL-200 Rev D; C28FE-07; BA13350709/01 of 01; BA13350709/02 of 02; BA12560908/01 of 01; three un-numbered computer generated images (perspectives) and one un-numbered colour elevation.

Type of application Full Planning Application received 05/03/2010 Application completed 02/08/2010 Name of applicant Fitzkriston IIP Name of agent Landmark Consultancy Case officer Matthew Rosel Area Team Major Applications Heritage information Not in a conservation area

Not listed building Library (holding copy of application)

Central Library, Fieldway Crescent, N5

Ward Hillrise PS2 code description Dwellings Major 91st day 01/11/2011 RECOMMENDATION A That planning permission be granted subject to the applicant and any mortgagees entering into a Deed of Planning Obligation by means of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) in order to secure the following matters to the satisfaction of the Head of Law and Public Services and the Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader: 1. Provision of affordable housing – 40 of the 93 habitable rooms (43%), comprising a total

of 13 dwellings, split 72.5% social rented accommodation and 27.5% intermediate / shared ownership accommodation.

2. A contribution of £54,747 towards transport and public realm improvements within the

vicinity of the site. This amount is to be index-linked from the date of committee and is due upon implementation of the planning permission.

3. A contribution of £53,501 towards open space facilities within the vicinity of the site. This amount is to be index-linked from the date of committee and is due upon implementation of the planning permission.

4. A contribution of £24,192 towards sports and recreation within the vicinity of the site.

This amount is to be index-linked from the date of committee and is due upon implementation of the planning permission.

5. A contribution of £32,190 towards play facilities within the vicinity of the site.This

amount is to be index-linked from the date of committee and is due upon implementation of the planning permission.

6. A contribution of £30,744 towards community facilities within the vicinity of the site.This

amount is to be index-linked from the date of committee and is due upon implementation of the planning permission.

7. Payment of the Council's reasonable costs incurred in repair and reinstatement of the

footways and highways adjoining the development where necessary. Footways and highways conditions surveys to be carried out by the applicant and provided to and agreed by the council prior to implementation of the development and post completion to inform the level of works required.

8. Owner to meet the costs of the delivery of the remaining portion of footway not provided

by the redevelopment of 169-191 Fairbridge Road (to be located on the Site, to the western side of the new road and at the northern – Courtauld Road - end of the new road) All works to be carried out by the LBI Public Realm. Owner to enter into a S38 agreement to allow for adoption of the footpath by the LBI and to ensure future public maintenance;

9. The footways surrounding the Site shall be kept free of obstruction and open for public

use. The footways will not be gated or fenced off (unless for essential maintenance or repair);

10. A contribution of £6,000 for the provision of accessible transport bays or alternative

accessible transport measures. 11. Compliance with the Code of Construction Practice, including a £3,100 monitoring fee.

Together with:

a) Provision of a Construction Logistics Plan; b) Code of Construction Response document confirming what methods and

approaches will be used to ensure compliance with the Code of Construction Practice.

12. Compliance with the Code of Local Procurement. 13. The developer to facilitate 2 work placements for local unemployed residents registered

with 'Islington Working' the LBI regeneration employment project during the construction process, lasting a minimum of 13 weeks. The owner to pay wages (must meet national minimum wage) and provide bi-monthly reports and updates as required, setting out delivery of the placements. Should the placements not be facilitated the owner will pay to the Council the equivalent fee (£5,000 per placement not delivered).

14. Council’s legal fees in preparing the S106 and officer’s fees for the monitoring and implementation of the S106.

15. All payments to the Council to be index linked from the Committee date.

That, should the Section 106 agreement not be completed within 13 weeks from the date when the application was made valid, Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader may refuse the application on the grounds that the proposed development, in the absence of a legal agreement fails to secure appropriate planning obligations. ALTERNATIVELY should this application be refused (including refusals on the direction of GOL or The Mayor) and appealed to the Secretary of State, Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader be authorised to enter into an agreement pursuant to S.106 Town and Country Planning Act 1990 to secure to the heads of terms as set out in this report to Committee. RECOMMENDATION B That the grant of planning permission be subject to conditions to secure the following:

List of Conditions:

1 3 Year Consent CONDITION: The development hereby permitted shall be begun not later than the

expiration of three years from the date of this permission. REASON: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004 (Chapter 5).

2 Grampian Condition – New Road Provision CONDITION: The development shall not be commenced unless and until the new

road at 169-191 Fairbridge Road (linking Fairbridge Road with Courtauld Road) has been constructed to binder course. None of the residential dwellings hereby approved shall be occupied unless and until the new road, as approved and in its entirety, has reached a stage of practical completion. REASON: To ensure that the new road, without which the scheme would be considered unacceptable, is commenced prior to works commencing on the application site and provided to first occupation – ensuring an appropriate residential environment, in accordance with policies:

3 Drawing And Document Numbers CONDITION: The development hereby approved shall be carried out in accordance

with the following approved plans: Design and Access Statement – dated March 2011; Energy Statement and Code Compliance Guide – dated July 2010; Daylight and Sunlight Report – dated July 2010; Transport Statement – dated 7 July 2010; Schedule of Accommodation Rev K

– dated 21 Mar 2011; PL-100 Rev C; PL-101 Rev F; PL-102 Rev F; PL-103 Rev B; PL-200 Rev D; C28FE-07; BA13350709/01 of 01; BA13350709/02 of 02; BA12560908/01 of 01; three un-numbered computer generated images (perspectives) and one un-numbered colour elevation. REASON: To comply with Section 70(1)(a) of the Town and Country Act 1990 as amended and the Reason for Grant and also for the avoidance of doubt and in the interest of proper planning.

4 Materials – Further Details Required CONDITION: Details and samples of all facing materials shall be submitted to and

approved in writing by the Local Planning Authority prior to any superstructure work commencing on site. The details and samples shall include: a) Corten cladding (including colour, texture and method of application); b) window treatment of the new building (including spandrel separation panels,

sections and reveals); c) window treatment of the converted building (including sections and reveals); d) roofing materials; e) balcony and balustrading treatment (including sections); and f) any other materials to be used. All windows within the development shall be recessed by no less than 150mm and the Corten recessed panel fronting Courtauld Road shall be recessed no less than 100mm in from the surrounding brickwork. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interest of securing sustainable development and to ensure that the resulting appearance and construction of the development is of a high standard in accordance with policies: 4A.3; 4B.1; 4B.2; 4A.3; and 4B.8 of the London Plan 2008, policies: D4 and D11 of the Islington Unitary Development Plan 2002 and policies: CS9A, B and G and CS10F of the Islington Core Strategy 2011.

5 Brick Cleaning and Brickwork to Match CONDITION: Any necessary cleaning or brickwork of the converted building shall

be carried out in a sympathetic manner so not to unduly damage or scar the brickwork. Any necessary brick infill areas or replacement bricks to the converted building shall match the existing brickwork of the relevant elevation to which they form part in terms of colour, texture, face bond and pointing and shall be maintained as such thereafter. REASON: To ensure that the appearance of the building is acceptable in accordance with policies: 4A.3; 4B.1; 4B.2; 4A.3; and 4B.8 of the London Plan 2008, policies: D4 and D11 of the Islington Unitary Development Plan 2002 and policies: CS9A, B and G and CS10F of the Islington Core Strategy 2011.

6 Green Procurement CONDITION: No development shall take place unless and until a Green

Procurement Plan has been submitted to and approved in writing by the Local Planning Authority. The Green Procurement Plan shall demonstrate how the

procurement of materials for the development will promote sustainability: use of low impact, sustainably sourced, reused and recycled materials, including reuse of demolition waste. The development shall be constructed strictly in accordance with the Green Procurement Plan so approved. REASON: To ensure sustainable procurement of materials which minimises the negative environmental impacts of construction in accordance with policies: 4A.1; 4A.2; 4A.3; 4A.4; 4A.5 and 4A.6 of the London Plan 2008 and Policy CS10F of the Islington Core Strategy 2011.

7 Details of Ground floor Elevations CONDITION: Full details of the design and treatment of ground floor elevations

shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall include: doors, sections, elevational and threshold treatments, all to be shown in context and to a scale of 1:50. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: To ensure that the Authority may be satisfied with the access arrangements and the street level external appearance / interface of the buildings in accordance with policies: 4B.1; 4B.2 and 4B.5 of the London Plan 2008, policies: D3; Env12; S29; T45; T49; T55; and H3 of the Islington Unitary Development Plan 2002 and policy CS9A, D and G of the Islington Core Strategy 2011.

8 Windows Obscured and Fixed Shut / Angled as Shown on Plans CONDITION: All windows shown on the plans hereby approved as being angled or

obscurely glazed shall be provided as such prior to the first occupation of the development All obscurely glazed windows shall be fixed shut, unless revised plans are submitted to and approved in writing by the Local Planning Authority which confirm that those windows could open to a degree, which would not result in undue overlooking of neighbouring habitable room windows. The development shall be carried out strictly in accordance with the details so approved and maintained as such thereafter. REASON: In the interest of protecting neighbouring residential amenity in accordance with policies: D3, H3 and H7 of the Islington Unitary Development Plan 2002.

9 Roof-Top Structures & Lift Overrun CONDITION: Details of any roof-top structures/enclosures shall be submitted to

and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall include the location, height above roof level, specifications and cladding and shall relate to: a) enclosures/structure; and b) lift overrun

The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interest of good design and also to ensure that the Authority may be satisfied that any roof-top plant, ancillary enclosure/structure and/or the lift overruns do not have a harmful impact on the surrounding streetscene in accordance with policies: 4A.3; 4B.1; 4B.2; 4B.8 and 4B.10 of the London Plan 2008, policy: D4 of the Islington Unitary Development Plan 2002 and policies: CS9A, B and G and CS12F of the Islington Core Strategy 2011.

10 NWS: Dwellings Constructed to Accessible Homes Standards CONDITION: Notwithstanding the plans hereby approved, the residential units shall

be constructed to the standards for flexible homes in Islington (‘Accessible Housing in Islington’ SPD) and incorporating all Lifetime Homes Standards. Amended plans / details confirming that these standards have been met shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall include: a) Plans (and if necessary elevations) to scale 1:50; and b) An accommodation schedule documenting, in relation to each dwelling, how

Islington’s standards for flexible homes criteria and lifetime homes standards have been met.

The development shall be constructed strictly in accordance with the details so approved. REASON: To ensure flexible, visitable and adaptable homes appropriate to diverse and changing needs, in accordance with policy 4B.5 of the London Plan 2008, policies: H3; H7 and H10 of the Islington Unitary Development Plan 2002, policy CS12H of the Islington Core Strategy 2011 and the Accessible Housing in Islington Supplementary Planning Document 2008.

11 NWS: Dwellings Constructed to Wheelchair Accessible Housing Standards CONDITION: The three (10hr) wheelchair / wheelchair adaptable units hereby

approved (units 15, 16 and 17) shall be provided prior to the first occupation of the development. Notwithstanding the plans hereby approved, the layout/design of the wheelchair / wheelchair adaptable units shall be redesigned in accordance with Wheelchair Accessible Housing standards and details shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall be provided in the following format: a) Plans (and if necessary elevations) to scale 1:50; and b) An accommodation schedule responding to Islington’s 17 Wheelchair

Accessible Housing standards. The development shall be constructed strictly in accordance with the details so approved. REASON: To ensure provision of wheelchair accessible units as agreed, in a timely fashion and to: address the backlog of and current unmet accommodation needs;

produce a sustainable mix of accommodation; and provide appropriate choices and housing opportunities for wheelchair users and their families, in accordance with policy 4B.5 of the London Plan 2008 and policies: H3; H7 and H10 of the Islington Unitary Development Plan 2002, policy CS12H of the Islington Core Strategy 2011 and the Accessible Housing in Islington Supplementary Planning Document 2008.

12 Inclusive Design CONDITION: The development shall be designed in accordance with the principles

of Inclusive Design. To achieve this the development shall incorporate/install: a) all residential lifts shall be provided as shown on the plans hereby approved and

installed and operational prior to the first occupation of the building to which they form part;

b) step free access to all accommodation and level thresholds to private gardens/terraces

c) space shall be reserved within the bicycle enclosures for a mobility scooter together with an ancillary and a conveniently located charging point

The development shall be carried out strictly in accordance with the details so approved, shall be maintained as such thereafter and no change there from shall take place without the prior written consent of the Local Planning Authority REASON: In order to facilitate and promote inclusive and sustainable communities, in accordance with policy 4B.5 of the London Plan 2008, policy CS12H of the Islington Core Strategy 2011.

13 Lighting and Security Lighting CONDTION Details of site-wide general security measures shall be submitted to

and approved in writing by the Local Planning Authority prior to the first occupation of the development. The details shall relate to:

a) general lighting; and/or b) security lighting The details shall include the location and full specification of: all lamps; light levels/spill; and support structures. The general security measures shall be carried out strictly in accordance with the details so approved, shall be installed prior to the first occupation of the development hereby approved and shall be maintained as such thereafter. . REASON: To ensure that the any resulting general or security lighting and CCTV cameras are appropriately located, designed do not adversely impact neighbouring residential amenity and are appropriate to the overall design of the building in accordance with policies: 4B.1; 4B.2; and 4B.6 of the London Plan 2008 and policies: D3; D4; Env12; H3 and H7 of the Islington Unitary Development Plan 2002.

14 Secure entrance systems and post boxes CONDITION: Details of security features relating to each of the communal

residential entrance(s) of the development shall be submitted to and approved in writing by the Local Planning Authority prior to any works commencing on those entrances. The security details shall relate to:

a) location, access and design of post-boxes, which should external (unless otherwise agreed with the Local Planning Authority); and

b) design, location and details of entry systems The development shall be carried out strictly in accordance with the details so approved and maintained as such thereafter. The agreed security features shall be installed prior to the first occupation of the residential component of the development. REASON: To ensure that the security details relating to the residential communal entrances are appropriate and adequately secure of the development in accordance with policies: 4B.5 and 4B.6 of the London Plan 2008 and policies: Env12; D3 and D4 of the Islington Unitary Development Plan 2002.

15 Sound Insulation CONDITION: A scheme for sound insulation and noise control measures shall be

submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The sound insulation and noise control measures shall achieve the following internal noise targets (in line with BS 8233:1999):

Bedrooms (23.00-07.00 hrs) 30 dB LAeq, and 45 dB Lmax (fast) Living Rooms (07.00-23.00 hrs) 30 dB LAeq, Kitchens, bathrooms, WC compartments and utility rooms (07.00 –23.00 hrs) 45 dB LAeq

The sound insulation and noise control measures shall be carried out strictly in accordance with the details so approved, shall be implemented prior to the first occupation of the development hereby approved and shall be maintained as such thereafter. REASON: To secure an appropriate internal residential environment in accordance with PPG24, policy 4A.20 of the London Plan 2008, policies: D3; Env17 and H3 of the Islington Unitary Development Plan 2002 and policy CS12F of the Islington Core Strategy 2011.

16 Fixed Plant CONDITION: The design and installation of new items of fixed plant shall be such

that when operating the cumulative noise level LAeq Tr arising from the proposed plant, measured or predicted at 1m from the facade of the nearest noise sensitive premises, shall be a rating level of 5dB(A) below the background noise level LAF90 Tbg. The measurement and/or prediction of the noise should be carried out in accordance with the methodology contained within BS 4142: 1997. REASON: To ensure that the operation of fixed plant does not impact on residential amenity in accordance with policy 4A.20 of the London Plan 2008, policies: D3; Env17 and H3 of the Islington Unitary Development Plan 2002 and policy CS12F of the Islington Core Strategy 2011.

17 BREEAM and Code of Sustainable Homes CONDITION: Evidence confirming that the development achieves Code of

Sustainable Homes rating of no less than ‘Level 4’ shall be submitted to and approved in writing by the Local Planning Authority. The evidence shall be provided

in the following formats and at the following times: a) a design stage assessment, supported by relevant BRE interim certificate(s),

shall be submitted at pre-construction stage prior to commencement of superstructure works on site; and

b) a post-construction assessment, supported by relevant BRE accreditation certificate(s), shall be submitted following the practical completion of the development and prior to the first occupation.

The development shall be carried out strictly in accordance with the details so approved and achieve the agreed rating(s). The development shall be maintained as such thereafter. REASON: In the interest of addressing climate change and to secure sustainable development in accordance with policies: 4A.1; 4A.2; 4A.3 and 4A.9 of the London Plan 2008 and policy CS10B of the Islington Core Strategy 2011.

18 NWS - Green/Brown Biodiversity Roofs CONDITION: Notwithstanding the plans hereby approved, details of a biodiversity

(green/brown) roof to be installed above the new building shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The biodiversity (green/brown) roof(s) shall be: a) biodiversity based with extensive substrate base (depth 80-150mm); b) planted/seeded with an agreed mix of species within the first planting season

following the practical completion of the building works (the seed mix shall be focused on wildflower planting, and shall contain no more than a maximum of 25% sedum).

The biodiversity (green/brown) roof shall not be used as an amenity or sitting out space of any kind whatsoever and shall only be used in the case of essential maintenance or repair, or escape in case of emergency. The biodiversity roof(s) shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

REASON: To ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity in accordance with policies: 3D.14; 4A.3; 4A.9 and 4A.11 of the London Plan 2008, policy Env24 of the Islington Unitary Development Plan 2002 and policy CS10E and G and CS15F and G of the Islington Core Strategy 2011.

19 Water Conservation CONDITION: The development shall achieve a water efficiency target of 95 – 105

litres/person/day. REASON: To ensure appropriate water conservation measures in accordance with policy 4A16 of the London Plan 2008 and policy CS10c of the Islington Core Strategy 2011.

20 Ecological Watching Brief CONDITION: An ecological watching brief shall be carried out for the duration of the

construction phase of the development to ensure that no accidental harm of disturbance occurs to any bats which may be roosting or using the site.

REASON: The bat-survey supporting the scheme was not carried out during the most appropriate time of the year for such a survey to be undertaken, a watching brief is therefore necessary to ensure no harm occurs to bats. The adherence to a watching brief would ensure compliance with policy 3D.14 of the London Plan 2008, policy CS10D of the Islington Core Strategy 2011, and policy Env24 of the Islington UDP 2002.

21 Details of Bat Nesting Boxes CONDITION: Details of habitat provision for bats shall be submitted to and

approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The habitat provision shall consist of the provision of accessible soffits within the converted building or alternatively bat nesting boxes / bricks. The details shall include the exact location, specification and design of the habitats. The habitat provision shall be provided strictly in accordance with the details so approved, installed prior to the first occupation of the building to which they form part or the first use of the space in which they are contained and shall be maintained as such thereafter. REASON: To ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity in accordance with policies: 3D.14; and 4A.3; of the London Plan 2008, policy: Env24 of the Islington Unitary Development Plan 2002 and policy CS15D and F of the Islington Core Strategy 2011.

22 Energy Centre Provision CONDITION: The energy centre / plant room located at ground floor level within the

new building shall be installed and operational prior to the first occupation of the development hereby approved and shall serve the entire development thereafter. REASON: In the interest of securing the centralised energy centre for the site and its sustainable connection to the various uses within the development in accordance with policies: 4A.1; 4A.2; 4A.3; 4A.4 and 4A.5 of the London Plan 2008 and policy CS10A, B and G of the Islington Core Strategy 2011.

23 Combined Heat and Power and Associated Infrastructure CONDITION: Details of the Combined Heat and Power facility and infrastructure

together with the reductions in regulated and unregulated carbon emissions, which overall shall provide for no less than 34% total C02 reduction shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall include:

a) location, specification, flue arrangement, operation/management strategy;

and b) the method of how the facility and infrastructure shall be designed to allow for

the future connection to any neighbouring heating and cooling network The Combined Heat and Power facility and infrastructure shall be carried out strictly in accordance with the details so approved, installed and operational prior to the first occupation of the development and shall be maintained as such thereafter.

REASON: To ensure the Combined Heat and Power facility and infrastructure is provided and so that it is designed in a manner which allows for the future connection to a district system in accordance with policies: 4A.1; 4A.2; 4A.3; 4A.4; 4A.5 and 4A.6 of the London Plan 2008 and policy CS10A, B and G of the Islington Core Strategy 2011.

24 NWS - Renewable Energy (up to 20% Carbon Reduction) CONDITION: Notwithstanding the plans hereby approved no development shall be

commenced, unless and until a feasibility study has been submitted to and approved in writing by the Local Planning Authority, which: a) analysing the potential for the installation of on-site renewable energy

technology Should the study(s) demonstrate that on-site renewable energy technology is possible/feasible then the relevant facility shall be constructed, installed and operation prior to the first occupation of the development hereby approved. The renewable energy technology(s) shall provide up to 20% on-site total C02 reduction. Details of the renewable energy technology(s) shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall include: b) an energy assessment confirming the reduction in carbon emissions resulting

from the renewable energy scheme c) the resulting scheme, together with any flue/stack details,

machinery/apparatus location, specification and operational details; d) a management plan and maintenance strategy/schedule for the operation of

the technologies; e) (if applicable) a servicing plan including times, location, frequency, method

(and any other details the Local Planning Authority deems necessary); f) (if applicable) a noise assessment and air-quality assessment regarding the

operation of the technology; and g) (if applicable) confirmation that ground source heat pumps and ground

source cooling system shall be a 'closed loop' system and shall not tap or utilise ground water / aquifer.

The renewable energy technology(s) shall be provided/carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interest of sustainable development and to ensure that the Local Planning Authority may be satisfied that C02 emission reduction targets by renewable energy are met in accordance with policies: 4A.4 and 4A.7 of the London Plan 2008 and policy CS10A, B and G of the Islington Core Strategy 2011.

25 No Car Parking On-Site CONDITION: No vehicle car parking shall be provided on-site.

REASON: To secure a car free development in accordance with policy CS10 of the Islington Core Strategy 2011.

26 Cycle Parking Provided as Shown CONDITION: The bicycle storage area(s) hereby approved, which shall be

covered, secure and provide for no less than 31 bicycle spaces shall be provided prior to the first occupation of the development hereby approved and maintained as such thereafter. REASON: To ensure adequate cycle parking is available and easily accessible on site and to promote sustainable modes of transport in accordance with policy 3C.22 of the London Plan 2008, policies: T34 and T52 of the Islington Unitary Development Plan 2002 and policy CS10H of the Islington Core Strategy 2011.

27 Waste Management Strategy CONDITION: Details of the site-wide waste strategy for the development shall be

submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing onsite. The details shall include: a) the layout, design and appearance (shown in context) of the dedicated refuse

/ recycling enclosure(s); b) a waste management plan The development shall be carried out and operated strictly in accordance with the details and waste management strategy so approved. The physical enclosures shall be provided/erected prior to the first occupation of the development and shall be maintained as such thereafter. REASON: To secure the necessary physical waste enclosures to support the development and to ensure that responsible waste management practices are adhered to in accordance with policy 4A.22 of the London Plan 2008, policy: D3 of the Islington Unitary Development Plan 2002 and policy CS11B of the Islington Core Strategy 2011.

28 Tree Protection CONDITION: No development shall be commenced unless and until adequate

protection has been installed to trees and tree root systems bordering and adjacent to the site. The protection shall include Root Protection Area (RPA) and Construction Exclusion Zone (CEZ) and the erection of protective hoarding. Tree protecting fencing shall consist of a rigid 2.4 metre OSB, exterior grade ply high sterling board hoarding or weld mesh. Protection/retention shall be in accordance with BS 5837, 2005 'Trees in Relation to Construction'. Heras fencing in concrete, rubber or similar foot plates is not acceptable as a form of tree root protection. The tree protection shall be installed/carried out prior to works commencing on site, and shall be maintained for the duration of the works. REASON: To protect the health and stability of trees to be retained on the site and to neighbouring sites, and to ensure that a satisfactory standard of visual amenity is provided and maintained in accordance with policy 3D.15 of the London Plan 2008, policy Env6 of the Islington Unitary Development Plan 2002 and policy CS15A, B and F of the Islington Core Strategy 2011.

29 Landscaping CONDITION: A landscaping scheme shall be submitted to and approved in writing

by the Local Planning Authority prior to any superstructure works commencing on site. The landscaping scheme shall include the following details:

a) a biodiversity statement detailing how the landscaping scheme maximises

biodiversity; b) existing and proposed underground services and their relationship to both

hard and soft landscaping; c) proposed trees: their location, species and size; d) soft plantings: including grass and turf areas, shrub and herbaceous areas; e) topographical survey: including earthworks, ground finishes, top soiling with

both conserved and imported topsoil(s), levels, drainage and fall in drain types;

f) enclosures: including types, dimensions and treatments of walls, fences, screen walls, barriers, rails, retaining walls and hedges;

g) hard landscaping: including ground surfaces, kerbs, edges, ridge and flexible pavings, unit paving, furniture, steps and if applicable synthetic surfaces; and

h) any other landscaping feature(s) forming part of the scheme. All landscaping in accordance with the approved scheme shall be completed / planted during the first planting season following practical completion of the development hereby approved. The landscaping and tree planting shall have a two year maintenance / watering provision following planting and 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 completion of the development shall be replaced with the same species or an approved alternative to the satisfaction of the Local Planning Authority within the next planting season. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interest of biodiversity, sustainability, and to ensure that a satisfactory standard of visual amenity is provided and maintained in accordance with policies: 3D.14 and 4B.5 of the London Plan 2008, policies: D3; D6 and D8 of the Islington Unitary Development Plan 2002 and policy CS15B and C of the Islington Core Strategy 2011.

30 Garden Fences CONDITION: The boundary fences that separate the rear gardens at ground floor

level hereby approved shall be installed prior to the first occupation of the development. REASON: To ensure the adequate separation of private garden space and to secure appropriate residential amenity in accordance with policy D3 of the Islington Unitary Development Plan 2002.

31 NWS - Boundary Treatment CONDITION: Notwithstanding the plans hereby approved no permission is hereby

granted for the erection of a solid brick boundary wall to the forecourt fronting Courtauld Road. Amended plans indicating a revised approach to the boundary treatment shall be submitted to and approved in writing by the Local Planning Authority prior to the practical completion of the development. Details shall also be provided of the front boundary treatment for the 4 flats fronting the new road. The boundary treatments shall be carried out strictly in accordance with the details

so approved, installed/erected/operational prior to the first occupation of the development and shall be maintained as such thereafter. REASON: To ensure that the resulting boundary treatment(s) is functional, attractive and secure in accordance with policies: 4B.1 and 4B.2 of the London Plan 2008 and policy D8 of the Islington Unitary Development Plan 2002.

32 Land Contamination CONDITION: No development/demolition works shall be commenced unless and

until the following assessment in response to PPS23 has been submitted to and approved in writing by the Local Planning Authority: a) A land contamination investigation. Following the agreement to details relating to point a); details of the following works shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site: b) Any necessary remedial land contamination works arising from the land

contamination investigation. The development shall be carried out strictly in accordance with the land contamination investigation and any resulting scheme of remedial land contamination works so approved, any necessary remediation shall be carried out prior to the first occupation of the development, and shall be maintained as such thereafter. REASON: Given the history of the site the land may be contaminated, investigation and potential remediation is necessary to safeguard the health and safety of future occupants in accordance with PPS23 and policy 4A.33 of the London Plan 2008.

List of Informatives:

1 S106 SECTION 106 AGREEMENT

You are advised that this permission has been granted subject to a legal agreement under Section 106 of the Town and Country Planning Act 1990.

2 Superstructure DEFINITION OF ‘SUPERSTRUCTURE’ AND ‘PRACTICAL COMPLETION’

A number of conditions attached to this permission have the time restrictions ‘prior to superstructure works commencing on site’ and/or ‘following practical completion’. The council considers the definition of ‘superstructure’ as having its normal or dictionary meaning, which is: the part of a building above its foundations. The council considers the definition of ‘practical completion’ to be: when the work reaches a state of readiness for use or occupation even though there may be outstanding works/matters to be carried out.

3 Car-Free Development CAR-FREE DEVELOPMENT

All new developments are car free in accordance with Policy CS10 of the Islington Core Strategy 2011. This means that no parking provision will be allowed on site

and occupiers will have no ability to obtain car parking permits, except for parking needed to meet the needs of disabled people.

4 Thames Water THAMES WATER

With regard to surface water drainage it is the responsibility of the developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer prior approval from Thames Water Developer Services will be required.

5 Materials MATERIALS

Materials procured for the development should be selected to be sustainably sourced and otherwise minimise their environmental impact, including through maximisation of recycled content, use of local suppliers and by reference to the BRE’s Green Guide Specification.

6 Roller Shutters ROLLER SHUTTERS

The scheme hereby approved does not suggest the installation of external rollershutters to any entrances or ground floor glazed shopfronts. The applicant is advised that the council would consider the installation of external rollershutters to be a material alteration to the scheme and therefore constitute development. Should external rollershutters be proposed a new planning application must be submitted for the council’s formal consideration.

RECOMMENDATION C That if members are minded to approve this proposal officers recommend that the following summary forms the reasons for grant to be published on the decision notice:

This proposal has been approved following consideration of all the relevant policies in the Development Plan (Unitary Development Plan 2002 and the London Plan 2008), Government Planning Policy Guidance/Statements and other material considerations. - This decision was made by the Members of the Planning Committee on the

7th April 2011. - The proposed change of use of the site from a vacant employment use to

provide for a residential accommodation is considered acceptable in this particular instance given the length of time the site has been vacant, the poor state of existing buildings, the redevelopment of the surrounding site and the beneficial visual impact of the development. The creation of residential use in this location adjacent to an MOT garage is acceptable in this particular

instance. The development complies with policies: 3A.1; 3A.3; 3A.5; 3A.7; 3B.3; 4B.5; and 4B.6 of the London Plan 2008, policies: Env12; Env16; Env17; D3; H3; H10; Imp5; and Imp6 of the Islington Unitary Development Plan 2002, and policies: CS9 and CS12 of the Islington Core Strategy 2011, which seek to protect employment sites in appropriate locations, secure residential use on suitable sites and generally maximise the development potential of sites.

- The proposed layout, height and scale of the buildings are considered

acceptable and the development would knit appropriately within its urban context. On the whole the appearance of the development is considered to be appropriately thought out. The development complies with policies: 4B.1, 4B.2, 4B.3 and 4B.8 of the London Plan 2008, policies: D3; D4 and D5 of the Islington Unitary Development Plan 2002, and policies: CS8 and CS9 of the Islington Core Strategy 2011, which seek to secure the appropriate overall design of buildings.

- Subject to conditions and S106 agreement the resulting development is not considered to have an unacceptable impact on neighbouring residential amenity in terms of: access; sunlight; daylight; privacy; outlook or noise and nuisance. The development complies with policies: Env16; Env17 and D3 of the Islington Unitary Development Plan 2002, which seek to ensure that developments do not cause significant undue harm to neighbouring residential amenity.

- The proposed residential density is considered to be appropriate given the Site’s location, its context and the overall quality of the proposal. The proposed dwelling mix is considered to be acceptable and would provide for housing that would go towards meeting identified need within the borough. The development complies with policy 3A.3 of the London Plan 2008 and policy CS12 of the Islington Core Strategy 2011, which seek to secure the appropriate density of developments.

- The resulting residential dwellings are considered to provide a suitable standard of residential accommodation, being well designed and appropriate for its use. The proposal would provide for inclusive and convenient access for all within the development. the development complies with policies 3A.3; 3A.6; and 3A.17 of the London Plan 2008, policies: H7 and H10 of the Islington Unitary Development Plan 2002 and policy CS12 of the Islington Core Strategy 2011, which seek to secure a high standard of new residential accommodation and residential amenity.

- The development provides for 43% affordable housing. A financial viability assessment has been submitted and is considered to justify the provision of a level of affordable housing. The affordable housing offer is considered to be the maximum reasonable amount the Site can deliver given its constraints and the viability implications. The development complies with policies: 3A.5; 3A.9 and 3A.10 of the London Plan 2008 and policy CS12 of the Islington Core Strategy 2011, which seek to secure the maximum reasonable amount of affordable housing that a site can provide.

- The development is considered to achieve a good standard of sustainability, provides for acceptable energy efficiency measures and subject to condition is likely to provide for an acceptable scheme of on-site renewable energy provision. The development is in line with policies: 4A.3; 4A.4; 4A.7; 4A.9; 4A.11; 4A.14 and 4A.16 of the London Plan 2008 and policy CS10 of the Islington Core Strategy 2011, which seek to secure sustainable developments in the interest of mitigating climate change.

- The development would form a car-free development, provide for appropriate cycle parking provision and refuse/recycling enclosures. The imposition of a Grampian condition to prevent the start of works until the immediately adjoining new road is substantial underway is considered reasonable given that in the absence of the that road the site would not be considered suitable for residential use. The scheme would appropriately ensure the completion of the new footway to the western side of the new road. The development complies with policy 3C.22 of the London Plan 2008, policies: T34; T45; T52 and T55 of the Islington Unitary Development Plan 2002 and policy CS10 of the Islington Core Strategy 2011, which seek to ensure that developments are appropriately planned in terms of their highway and transportation implications.

- The development, subject to condition, would provide for suitable habitats in the form of a green roof, landscaped areas and the protection of existing neighbouring trees. The development complies with policies: 3D.14; 4A.3; 4A.14 and 4B.1 of the London Plan 2008, policies: Env5; Env6; Env24 and D3 of the Islington Unitary Development Plan 2002 and policy CS10 of the Islington Core Strategy 2011, which seek to protect existing trees and improve biodiversity.

- Consideration has been given to the objections made regarding the impact on neighbouring amenity of nearby properties (i.e. density, cumulative impact, flat layouts and impact on bats) and also regarding: the height, scale, appearance of the development. However, the objections are not considered to be of sufficient weight to outweigh the reasons for granting planning permission. The proposed development is subject to appropriate conditions which seek to facilitate the development and mitigate its potential impacts. As such, the development complies with policy 4B.1 and 4A.20 of the London Plan 2008 and policies: Env16; Env17 and D3 of the Islington Unitary Development Plan 2002, which seek to ensure that new developments do not have an unacceptable impact on existing/future residential amenity.

- Obligations and financial contributions have been secured towards environmental, infrastructure, services and housing required to facilitate and also mitigate potential impacts of the proposed development. The obligations and financial contributions are in line with the CIL, policies: 3B.3 and 6A.4 of the London Plan 2008, policies: Imp13 and Imp14 of the Islington Unitary Development Plan 2002 and policy CS18 of the Islington Core Strategy 2011, which seek to ensure that legal agreements and contributions are: reasonable; necessary; relevant to planning; and related to the development.

APPENDIX 2 – DVS REPORT

APPENDIX 3 – FAIRBRIDGE SCHEME, THE NEW ROAD

NOTE: Not to Scale – refer to planning file for scalable plan.