Agenda item

Variation of Condition 2 of planning permission dated 2 November 2003 (RN: 02/06302/FULL) for the demolition of existing buildings and erection of residential building of 6-8 storeys comprising 66 apartments including 17 affordable units and provision of 64 parking spaces in two basements from RN 02/06302/FULL. NAMELY, to vary the hours of construction works that can be heard at the boundary of the site to allow works around the railway cutting to take place between 01.00 and 05.00 hours for a non-consecutive period of approximately 67 nights during the overall construction programme.

An additional representation was received from Archie Avery on behalf of 12-22 Finchley Road Developments Ltd (05.07.2017).

The presenting officer tabled the following revised description of the application and amended condition 2:

Revised Description:-

Variation of Condition 2 of planning permission dated 2 November 2003 (RN: 02/06302/FULL) for the demolition of existing buildings and erection of residential building of 6-8 storeys comprising 66 apartments including 17 affordable units and provision of 64 parking spaces in two basements from RN 02/06302/FULL. NAMELY, to vary the hours of construction works that can be heard at the boundary of the site to allow works around the railway cutting to take place between 01.00 and 05.00 hours for a non-consecutive

period of up to a maximum of 72 nights during the overall construction programme.

Revised Condition 2

(A) You must carry out any building work which can be heard at the boundary of the site only:

{\tab *} between 08.00 and 18.00 Monday to Friday (except where night working is permitted by part (B));

{\tab *} between 08.00 and 13.00 on Saturday; and

{\tab *} not at all on Sundays, bank holidays and public holidays.

(B) Building work that endanger the safe operation of the London Underground railway line around the open cutting or alongside the tunnel, that must take place during the Engineering Hours, may occur between 01.00 and 05.00 Monday to Friday, and may only be undertaken following the implementation of the relevant mitigation measures, as set out in the Ramboll Night Time Noise Assessment dated 3 February 2017, to ensure the noise levels experienced during the Engineering Hours construction period do not exceed the levels as set out in the same report. If alternative mitigation measures are proposed these shall be submitted in writing to us in the form of a Construction Design and Noise Mitigation Assessment and you must not implement the alternative mitigation measures until we approve what you send us.

(C) Any other works must not take place outside the hours set out in (A) and (B) unless we have agreed that there are very special circumstances (for example to meet police traffic restrictions, in an emergency or in the interests of public safety.

D) The building work undertaken in respect of B) above shall take place a maximum of 72  non-consecutive nights during the overall construction programme and no more than 10 nights of working shall be carried out over any 15 day period.

RESOLVED:

1.            That conditional permission be granted, subject to an amended condition 2 as set out above and completion of a deed of variation to the original legal agreement dated 6 November 2003 to secure the following additional planning obligations:

i.              Agreement to fund and install secondary glazing to rear windows of neighbouring properties in Pembroke Terrace, Bartonway and Balmoral Court and the front windows of properties in Queens Grove Court and Aspley House, for those flats that request it, so as to reduce noise disturbance during the course of the night time works. The night time works shall not commence until all secondary glazing to the flats where it is requested has been installed.

ii.            ii. Agreement to fund the provision of temporary air conditioning during the period of the night time works (if any of the night time working occurs between 1 April and 31 September) for those properties in Pembroke Terrace, Bartonway and Balmoral Court with rear facing windows and those properties in Queens Grove Court and Aspley House with front facing windows, where the occupiers of those flats request it. The temporary air conditioning shall be provided within 3 working days of a written request from a neighbouring resident.

iii.        Cost of monitoring the additional heads of terms (£500).

2.            That if the deed of variation has not been completed by 25 July 2017  then:

a) The Director of Planning shall consider whether it would be possible and appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not;

b) The Director of Planning shall consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits which would have been secured; if so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.