Agenda item

The sub-Committee noted the receipt of the additional information as set out in the tabled addendum.

 

The sub-Committee having heard from Mr Ryde, Mr Reifer, Ward Member Councillor Dean Cohen who spoke in support of the application and a response from the applicant.

 

RESOLVED TO APPROVE the application being a Reversal of officer’s recommendation subject to the following conditions and informatives which were circulated to Members.  The Sub-Committee adjoured for 10 minutes in order to consider this:

 

 

APPENDIX 1:

 

100-102 Leeside Crescent conditions and informatives:

 

 

CONDITIONS:

 

1- Approved Plans

 

The development hereby permitted shall be carried out in accordance with the following approved plans:  Site plan; 1203.1; 1203.2; 1203.3; 1203.4; 1203.5; 1203.8; 1203.9; 1203.10, Supporting information.

Reason: For the avoidance of doubt and in the interests of proper planning.

 

2- Time Limit on Full Permission

 

This development must be begun within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

 

3- Specified Purpose

 

The ground floor and part first floor of the premises shall be used as a Synagogue and Kolel and other ancillary uses as shown on the hereby approved drawings and no other purpose (including any other purpose, including a separate school, crèche, nursery, health facility and any other type of non-orthodox Jewish facilities) in Class D1 of the Schedule to the Town and Country Planning Use Classes Order, 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order, with or without modification). 

Reason: To enable the Local Planning Authority to exercise control of the type of use within the category in order to safeguard the amenities of the area.

 

4- Materials to Match

 

The materials to be used in the external surfaces of the building shall match those used in the existing building.

Reason: To safeguard the visual amenities of the building and the surrounding area.

 

5- Rear amenity space

 

The rear yard shall be used only be the residents of the flats and not used at any time in connection with the synagogue use.

Reason: To protect the amenities of neighbouring occupiers and provide sufficient outdoor amenity space for future residents

 

6- Parking:

 

Before any construction works start on site, turning space and parking spaces shall be provided and marked out within the site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority and that area shall not thereafter be used for any purpose other than the parking and turning of vehicles.

Reason: To ensure that parking and associated works are provided in accordance with the council's standards in the interests of pedestrian and highway safety and the free flow of traffic.

 

7- Ventilation and Extraction Equipment - Details Required

 

Before any construction works start on site, details of any extraction and ventilation equipment shall be submitted to and approved in writing by the Local Planning Authority before the development hereby permitted commences on site and implemented in accordance with agreed details.

Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties.

 

8- Noise from Site use as synagogue

 

Before the development hereby permitted commences on site, a scheme of proposed mitigation measures for noise from the synagogue shall be submitted to and approved by the Local Planning Authority. The approved mitigation scheme shall be implemented in its entirety before any of the units are occupied.

Reason: To ensure that the amenities of occupiers are not prejudiced by road traffic in the immediate surroundings.

 

9- Sound Insulation

 

The development shall be constructed/adapted so as to provide sufficient  air borne and structure borne sound insulation against internally/externally generated noise and vibration. This sound insulation shall ensure that the levels of noise generated from the synagogue as measured within habitable rooms of the development shall be no higher than 35dB(A) from 7am to 11pm and 30dB(A) in bedrooms from 11pm to 7am.

Before any construction works start on site, a scheme for mitigation measures shall be submitted to and approved by the Local Planning Authority prior to development. The approved mitigation scheme shall be implemented in its entirety before any of the units are occupied.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of the residential properties.

 

10- Noise from Site Plant

 

The level of noise emitted from the ventilation and extraction plant hereby approved shall be at least 5dB(A) below the background level, as measured from any point 1 metre outside the window of any room of any neighbouring property which existed at the time of this decision notice. If the noise emitted has a distinguishable, discrete continuous note (whine, hiss, screech, hum) and/or distinct impulse (bangs, clicks, clatters, thumps), then it shall be at least 10dB(A) below the background level, as measured from any point 1 metre outside the window of any room of any existing neighbouring property at the time of this decision notice.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of neighbouring properties.

 

11- Refuse

 

Before any construction works start on site, details of enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins or other refuse storage containers where applicable, together with a satisfactory point of collection shall be submitted to and approved in writing by the Local Planning Authority and shall be provided at the site in accordance with the approved details before the development is occupied.

Reason: To ensure a satisfactory appearance for the development and satisfactory accessibility; and to protect the amenities of the area.

 

12- Maximum number of people on site

 

No more than 150 people shall be on site at any one time.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of the residential properties.

 

 

INFORMATIVES:

 

1- Reasons for approval

 

The reasons for this grant of planning permission or other planning related decision are as follows: -

 

i)  The proposed development accords with strategic planning guidance and policies as set out in The London Plan (2011) and the Adopted Barnet Unitary Development Plan (2006).

In particular the following polices are relevant:

Adopted Barnet Unitary Development Plan (2006): GBEnv1, GBEnv2, D1, D2, D3, D5, H16, H17, H18, H27, GCS1, GCS1, CS1, ENV12, M11, M14.

 

Core Strategy (Examination in Public version) 2012:

CS NPPF, CS1, CS4, CS5, CS10.

 

Development Management Policies (Examination in Public version)2012:

DM01, DM02, DM03, DM13, DM17.

 

ii)        The proposal is acceptable for the following reasons:

 

Having taken all material considerations into account, it is considered that subject to compliance with the attached conditions, the retention of the synagogue use and proposed residential flats would be in keeping with the character and appearance of the surrounding area. The proposal supports the use of a community and religious facility in the borough. It is not considered to have a detrimental impact on the residential amenities of neighbouring occupiers. The proposals are acceptable on highways grounds.

 

2- Environmental Health

 

You are advised to engage a qualified acoustic consultant to advise on the scheme, including the specifications of any materials, construction, fittings and equipment necessary to achieve satisfactory internal noise levels in this location.

 

In addition to the noise control measures and details, the scheme needs to clearly set out the target noise levels for the habitable rooms, including for bedrooms at night, and the levels that the sound insulation scheme would achieve.

 

The details of acoustic consultants can be obtained from the following contacts: a) Institute of Acoustics and b) Association of Noise Consultants.

 

The assessment and report on the noise impacts of a development should use methods of measurement, calculation, prediction and assessment of noise levels and impacts that comply with the following standards, where appropriate: 1) BS 7445 (1991) Pts 1, 2 & 3 (ISO 1996 pts 1-3) - Description and & measurement of environmental noise; 2) BS 4142:1997 - Method of rating industrial noise affecting mixed residential and industrial areas; 3) BS 8223: 1999 - Sound insulation and noise reduction for buildings: code of practice; 4) Department of transport: Calculation of road traffic noise (1988); 5) Department of transport: Calculation of railway noise (1995); 6) Department of transport : Railway Noise and insulation of dwellings.