Agenda item

19/03108/FUL - 106A Fox Lane N13 4AX

RECOMMENDATION:  That subject to the conditions as set out in the report, the Head of Development Management / the Planning Decisions Manager be authorised to GRANT planning permission subject to conditions.

 

WARD:  Southgate Green

Minutes:

NOTED

 

1.    The introduction by Claire Williams, Planning Decisions Manager, clarifying the proposals and highlighting the key issues.

2.    This application seeks planning permission for the redevelopment of the site and erection of a two-storey building with accommodation in the roof to provide 4 flats including one 3 bed unit.

3.    The previous application that was dismissed at appeal was refused for four reasons relating to:

 

·         The effect of the proposals on living conditions of future occupiers of Flat 3 in respect of access to, and level of, external space;

·         The effect of the proposals on the supply of family housing in the Borough, and

·         The effect of the proposals on the living conditions of neighbouring occupiers, where it relates to noise, disturbance and overlooking.

 

4.    The principle of the redevelopment of the site with flats is supported and has been supported by the council under previous applications and by the planning inspector of the dismissed appeal. The dismissed appeal decision is a material consideration in assessing this application and the scheme has been amended to fully address the previous reasons for refusal.

5.    As the development is not a conversion of a dwelling into flats policy DMD5 of the Development Management Document that requires no more than 20% of self-contained residential dwellings along a road to be converted into self-contained flats and HMOs is not applicable.

6.    In terms of parking and highway safety, a parking survey was submitted with the application which identified a maximum parking stress of 76% which indicates that adequate on street parking would remain to accommodate the development. As set out in paragraph 10.48 of the report the Planning Inspector concluded in the dismissed appeal that the proposal would not be detrimental to highway safety arising from an increase in car parking demand or traffic movements in the area.

7.    No objections have been raised by Traffic and Transportation with regard to the parking proposed however the removal of the redundant dropped kerb would provide additional on street parking and this can be dealt with through condition.

8.    8 cycle parking spaces are provided, and Officers note that the site has the capability to deliver site parking in a more suitable location. A condition is suggested for further details on the type and location of the cycle parking.

9.    The balconies will be enclosed as can be seen on pages 112, 114 and 121. The design of the enclosed balconies (set 2m back from the external wall of the building) would result in any greater overlooking than could be achieved through the presence of windows at those levels.

10.The inspector concluded in the dismissed appeal that given the mix of dwellings proposed, it seems unlikely that significant noise and disturbance would result from the development overall. Whilst it is likely that there would be a higher level of occupation within the flats, the creation of internal balconies, private terrace areas and external private garden spaces would not, in my view, automatically lead to materially greater noise levels, above those already generated by a family occupying the existing 4 bedroom house. These comments remain relevant to this application.

11.The following conditions will need to be attached to any permission – energy statement, biodiversity enhancements (Update of condition 12 so that it refers to biodiversity enhancements, condition requiring details of the management of the communal amenity area and removal of the redundant dropped kerb.

          Confirmation of CiL contributions:

 

            Enfield CIL - £8458.69

            Mayor of London CIL - £3480.00

12. The deputation of Andy Barker, neighbouring resident, speaking against the officers’ recommendation.

13. The deputation of Bridget Miller, speaking in support.

14. Members debate and questions responded to by officers.

15.During discussion on planning application, reference made to weight, that must be attached to previous appeal decision. Cllr Bond requested replacement trees to be specifically referred to within the soft landscaping condition.

Deputee Andy Barker highlighted presence of two young tree on highway outside site – although we can’t condition the protection of these trees because they lie outside of the planning application site, a directive will be added to the decision notice.

16. The support of the Committee for the officers’ recommendation: 4 votes for, 4 votes against, 2 abstentions and the Chair’s casting vote to approve the application.

 

AGREED that subject to the conditions, the Head of Development Management/the Planning Decisions Manager be authorised to grant planning permission subject to conditions and subject to amendment to landscaping condition.

 

Supporting documents: