RECOMMENDATION: In accordance with Regulation 4 of the Town and Country Planning General Regulations 1992,
planning permission be deemed to be GRANTED subject to conditions.
WARD: Edmonton Green
1. The introduction by Sharon Davidson, Planning Decisions Manager, clarifying the proposals and revised conditions.
2. Since the completion of the report there have been a number of small technical changes made to the content of the application, in addition comments have been received from the Lee Valley Regional Park Authority. An update note was circulated, setting out their comments, the changes proposed, and the response received from the relevant consultees to these changes.
3. Some further technical modifications have been made today. These include:
a. The proposal to use clay as the capping material remains but, in the event, that there is insufficient material available at the source site, the applicant has requested the flexibility to use either Clay or Class A1 fill. One site for the source of the Clay has already been agreed with the Environment Agency and therefore does not require the sampling obligation set out in condition 3 of this report. A modification to this condition to reflect this is proposed and this has been agreed by the EA.
b. Amendment to the construction access arrangements. Originally it was proposed to access the site via the Orbital Business Park and exit via Leeside Road to the south. Due to the adhoc parking that takes place on this road and therefore the limited carriageway width remaining, this is not considered appropriate or the best solution. It is now therefore proposed to both access and exit the site via the Orbital Business Park. Traffic and Transportation have confirmed this is acceptable and that there is no longer a need for condition 7 as recommended in the report as this survey related to Leeside Road only.
c. Members attention is also drawn to the fact that access track around the site has been reduced from 8m to 5m in width. This has been the subject of consultation with the Environment Agency and no objections are raised. An amendment to condition 11 is required to reflect this.
4. The combination of the technical changes proposed has resulted in a number of changes to conditions. For clarity I will set these out in full, picking up on those the subject of yesterday’s update note and the further small changes reflecting matters that have been modified today:
a. Condition 1 – Unchanged
b. Condition 2 – Updated to reflect updated documents reflecting the changes already set out.
c. Condition 3 - Unless the material is sourced from 73-75 Avenue Road, London NW8 6JD, development hereby permitted may not commence until a scheme to sample any imported materials from other sites has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved.
d. Condition 4 - Prior to the commencement of any uses on any part of the permitted development, a verification report demonstrating the completion of works set out in the approved sampling scheme shall be submitted to, and approved in writing, by the Local Planning Authority. The report shall include results of sampling and demonstrate that the site import criteria as defined in the submitted IKEA Clear, Meanwhile Use Import Criteria report (produced by SLR, dated 15 February 2019) have been met.
e. Condition 5 – Unchanged
f. Condition 6 – Unchanged
g. Condition 7 – No longer required as construction access arrangements amended.
h. Condition 8 – Unchanged
i. Condition 9 – Unchanged
j. Condition 10 - All areas of trees, scrub or other vegetation where birds may nest, or reptiles may be present which are to be removed as part of the development are to be cleared outside the following periods:
i) Bird nesting season March – August inclusive
ii) Reptile season – April to October inclusive
If clearance within these periods cannot reasonably be avoided, a suitably qualified ecologist will check the areas to be removed immediately prior to clearance and advise whether nesting birds or reptiles are present. If active nests or reptiles are recorded, no vegetation clearance or other works that may disturb active nests or reptiles shall proceed until all young have fledged the nest or and agreed mitigation strategy to deal with reptiles has been agreed with the qualified ecologist
k. Condition 11- No vegetation clearance or capping is to occur within 5m of the River Lea or in the Flood Area ……
L. Condition 12 - Unchanged.
5. Members’ debate and questions responded to by officers, including details about the intended clay cap for the meanwhile use of Meridian Water land.
6. The support of the majority of the Committee for the officers’ recommendation: 8 votes for and 1 abstention.
AGREED that in accordance with Regulation 4 of the Town and Country Planning General Regulations 1992, planning permission be granted subject to revised conditions and additional condition (EA) below:
No drainage systems for the infiltration of surface water to the ground are permitted other than with the written consent of the Local Planning Authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters. The development shall be carried out in accordance with the approved details.
Reason: In addition to any drainage during the works there is now a proposal for a drainage system for the development culminating in the flood relief area. Contaminants have been identified and the concentration of drainage infiltration in this area may cause increased mobilisation of contaminants.