cd3/1bailey.persona-pi.com/public-inquiries/seven-sisters/...2004 and td prevent the accumulation of...

56
~i~r~r~i~ag ~~ici ~ge~r~ra#~~e~ ~ 3~ ~lgh Road, 7ot#~rrhai~~ Lpndon IV17 88D T ~F: C32p 8469 5508 m vwe~r.h~~in~~y.~ov.~k ., l ~ n8 ~lr~Gt~r ~I~vstalet~ anti PYegen~r~tlon Marc borfman ~]~1'~l1gE'~ ~:OuflCil M~tre~p~,lis Plann{ng artd D~slgn L~f~ Can b~hBtF of 3 0 Underwood Street ~rafnger (~ev$n 5ister~} Ltd L ondt~n c/p Age~it ~ +~~ _ ~e~~ _ s II' ~•i ' ~ ~ ~ c ~ f ii r .. ~~ ~ ~~ "- ~ " ~ ± iR •' ~ ~ •~• M: • • ~; ;• s ~ .t •: sa c .s ~ •- ~ ~ - I n pursuance of #heir powers under the above Act, the London borough of Haringey ~s L~c~l Planning A uthority hereby PERMfT #h~ above deveinpment in accordance with the application dated 06/d2/2pd8 and d rawing numbers: P (DO) ap, P (OQ} p7 C, P (00) 0~, P (p0) d3, P (OD} Oq, P (00) 05, P (d0) Q6, P (OD) 07A, P { 00) SBA, P (00} 09, P {00) 10, P (OCR) 20, P (tJ0) 21, P (00) ~ OQB, P (fl0) 701A, P (00) 102A, P (00} 't03A, P (Oil) 110A, P (00) 111A. D esign ar►d Access Statement: Wards Comer seven Sisters Design and Access statement and a ccompanying statements Pollard Themes Edwards Architects January 2008. S EE SCHEDULE OF CONDITIgNS P aul Smith N eed of Development Control South P lanning Pall+cy and Develo~xnerrrt 24/'12/20[F8 N OTE: 1. Attention is particularly drawn to the schedule AP1 attached t~ the notice which sets o ut the rights of Applicants who are aggrieved by the decfslans of the Local Planning A uthority. 2 . This decision does not purport to convey any approval or consent which may be r ~qulred under the ~u~►ding Regulations 1891, any byelaws or any enactment other t hin the Town and Country Planning Act 'f 990. D irector of Urban Environment 9alger 8006 -?U06 Garuna Cfosarro Communing; ~'' s } ~,~t- & 1VYti1'1'tUt I\ 1'IEDP[.ti CD3/1

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Page 1: CD3/1bailey.persona-pi.com/Public-Inquiries/seven-sisters/...2004 and td prevent the accumulation of unimplemented pl~nnfng permissions. PurCh~se Apt 2. The development hereby authorised

~i~r~r~i~ag ~~ici ~ge~r~ra#~~e~~3~ ~lgh Road, 7ot#~rrhai~~ Lpndon IV17 88D

T~F: C32p 8469 5508mvwe~r.h~~in~~y.~ov.~k

.,

l~ n8 ~lr~Gt~r ~I~vstalet~ anti PYegen~r~tlon Marc borfman ~]~1'~l1gE'~ ~:OuflCilM~tre~p~,lis Plann{ng artd D~slgn L~f~ Can b~hBtF of30 Underwood Street ~rafnger (~ev$n 5ister~} LtdLondt~n c/p Age~it

~ +~~ _ • ~e~~ _ s II' ~•i '

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~ f ii r .. ~~ ~ • ~~ "- ~ " ~ ± • iR

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~ •~• M: • • • • • • ~; ;• ❑ s ~ .t •: sa c .s ~ •-

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In pursuance of #heir powers under the above Act, the London borough of Haringey ~s L~c~l PlanningAuthority hereby PERMfT #h~ above deveinpment in accordance with the application dated 06/d2/2pd8 anddrawing numbers: P (DO) ap, P (OQ} p7 C, P (00) 0~, P (p0) d3, P (OD} Oq, P (00) 05, P (d0) Q6, P (OD) 07A, P{00) SBA, P (00} 09, P {00) 10, P (OCR) 20, P (tJ0) 21, P (00) ~ OQB, P (fl0) 701A, P (00) 102A, P (00} 't03A, P (Oil)110A, P (00) 111A.

Design ar►d Access Statement: Wards Comer seven Sisters Design and Access statement andaccompanying statements Pollard Themes Edwards Architects January 2008.

SEE SCHEDULE OF CONDITIgNS

Paul SmithNeed of Development Control SouthPlanning Pall+cy and Develo~xnerrrt

24/'12/20[F8

NOTE: 1. Attention is particularly drawn to the schedule AP1 attached t~ the notice which setsout the rights of Applicants who are aggrieved by the decfslans of the Local PlanningAuthority.2. This decision does not purport to convey any approval or consent which may ber~qulred under the ~u~►ding Regulations 1891, any byelaws or any enactment otherthin the Town and Country Planning Act 'f 990.

Director of Urban Environment 9alger

8006-?U06Garuna Cfosarro Communing;

~''s}~,~t-&

1VYti1'1'tUt I\ 1'IEDP[.ti

CD3/1

Page 2: CD3/1bailey.persona-pi.com/Public-Inquiries/seven-sisters/...2004 and td prevent the accumulation of unimplemented pl~nnfng permissions. PurCh~se Apt 2. The development hereby authorised

~€~n~ir~g ~nc~ ~c~~r~c~r~ti~t~P33 #-high R~atf; Tat~enhatn, LCrndon t~17 86~

Tel: 02b 8489 5508~+a'wrw.harlrt~ey.ga~ u&c

~m~9atrn# ~iraetar ~lanntgp end ~e~,an~t~tloes Marc DOrfm~n Ha!'~t1~lQy (;puClCll

i 1.,l:

7ha Yolir~winc~ cand3tir~ns hive b~~~ ap~liQd to tf~ls conset~f and 4hese GOt~ditlons rnUst becompiled with:

y. Thy deveipprrien# hereby ~utharisad rr,ust be begun n,~t ta2er than the expira~ian ~~ S years tram the dateof this permission, filing whloh the p~rmisslon shall be of no e#fe~t.Raa~bn: This conditfpn is imposed by virtue of the provisions of the Planning & ~pmpulsory PurCh~se Apt2004 and td prevent the accumulation of unimplemented pl~nnfng permissions.

2. The development hereby authorised shall be carried out !n complete accordance with the plans andspecificatigns submitted to, end approved in writing by the Locat Planning Authority.Reason: in order to ensure the development fs carried out !n accordance with the approved details and Inthe interests of amenity.

3. Notwithstanding the description of the materials in the ~piloatfor, no development ref 4he relevant parkshaA be commenced until precise details of the materials t~ be used in connection with the developmenthereby ~ermMtted have bean submitted to, approved in witting Cry and implemented in ~Gaordance wlit therequirements of the Local Planning Authority.Reason: In ortfer to retain control over the external appear~nca of the development in the Interest of thevisual amenity of the area

4. Samp►es of ail materials to be used for the external surfaces of the development shall be submitted to,and approved in writing by, the LdCal Pl~nning Authority t~for'e eny of the relevant past of the d4velopttlentis commenced. Samples should include sample panels ar~briGk types arrd a roofing material samplecombined with a schedule of the exact product references:Reason: In order for the focal Planning Authority to ra#ain control over the exact materials to ba used farthe proposed development and to assess the sult~billty of the samples submitted in the interests of visualamenity.

5. Thr~ consiructiQn works of the development hereby granted sh~l1 not be carried out before OB00 or after180 hours Monday to Friday or before X800 car after 1~q0 hours on Saturday and not at all on Sundays orBank t-loildeys.Reason: In order to ensure that the proposal does net prejudice the enjoyment of neighbouring occupiers oftheir properties.

6. That a detailed schemQ for the provision of refuse, waste storage and recycling within the site shall basubmitted to and approved in writing by tho coca! Pl~nrling Authority prior to the commencement pf theworks. Such a schema as approved shall be implemented and perrn~nently retained thereafter to thesatisfaction of the Local Planning Authority.Reason: In order to prateet the amenities of the locality.

7. In order to ensure that the shops are accessible to people with disabilities and people pushing doublebuggies, the oommercial and communal doors must have ~ minimum width of 900mm, and a maxlmurrfthreshold of 25mm.Reason: In order to ensure that the shop unit is aoaesslble to all those people who can be expected to use(t in accorti~nce with Policy RIM 2.1 'Access For All' of the ~F-laringey tJnit~ry pevelopment Plan,

~)r

Director of Urban Environmarrt t~tt Boiprr

zo0a-2aoe~ ~ieMnvwose~roCanmu~ucws iV~'1?STOR 1\ PEUPLLi

Page 3: CD3/1bailey.persona-pi.com/Public-Inquiries/seven-sisters/...2004 and td prevent the accumulation of unimplemented pl~nnfng permissions. PurCh~se Apt 2. The development hereby authorised

i~r~ir~g ~r~c~ ~~aa~rr~to~~a~3~ ~irgtt Read, Tott~nh~Pn, t,prldcrn 9417 SAD

'Tod: Q20 8489 6508

wvvw. 4~ a ri ng ~y. ~ o v. u k,As~1~9tnnt ~Iraot~r ~;0nnf~g ae4~ Regeneratl~prro Marc Dpr4man Har11~g~~r Cpuncil

$. ~~t~iled p1an~ ofi the design and ~xiernai a~p~arance of each individual shopfront to be installed,+ncluding details of the fascias, sh~ii be subrrtitted 4o and approved fn writing} by 4he Local Manning,4uthorlty before any shopfront is inst&lied.l~~ason: !n tha interest of visual ~menfty of the araa.

9. Thy d~veiopment hereby authoriser! sh~l) comply with BS 8220 (19 6) Part 1, 'Sscurfty C)f t~esldentla!~uUd(ngs' and comply with the aims and gbjectiv~s of thePolice requiremen# of 'secured 8y Design' and 'Designing Out Crirt~e' princip~es,Raison: In order to ensure that the proposed development achieves the required crfm~ pr~ven4ion elements&s det~ile~1 by Glrcul&r S19~ 'l~IanNng Qut Crime'.

1 d. i'hat a scheme for the accommodation far car parking ~nd/ar load(ng and unloading facilities !n rela4ionto e~oh building within the development be specifically submitted tt~, approved In writing by andImplemented in accordance with the requirements of the Local Planning Authority before the occupation ofithe building and commencement of the use; #hat accommt,dation to be permanantry retained fpr the~ccommo~ation of vehicles of the occupiers, users of, or persons calling at the premises and shall not beused fvr any other purposes.Reason: In order to ensure that the proposed development cio~s not prejudice the free flow of traffic a~ theconditfotrs of general safety along the neighbouring highway.

11. That details of an on site parking managameni plan shelf be sut~mltted to and approved by the la~alplanning authority pr(or tc~ the commencement of the use of the basement car parking area. Such agreedplan t~ be Implemented and permanently m~intalned fn operation to the satisfaction of the Local PlanningAuthority,Reason: In order to ensure that the proposed development does npt preJudlce the free flow of traffic ar fheconditions Qf general safety along the neighbouring highway.

12. Notwfthstenciing the provisions of Article Q (1) and P$tt 25 of Schedule 2 of the General PermittedDeve{gpment order 1995, no satellite antenna shall be erected or installed on any building herebyapproved. The prgposed develppment shall have a central dish !oriel system for receiving all broadcastsfdr the residential units cr~ated~ details of such a scheme shat) be submitted to and approved by the LocalPlanning Authority prior to the occupailQn of the property, and tho apptaved scheme shell be fmplemertedand permanently retained ti~er~after.Reason: In order to prevent the proliferation of satellite dishes ran the development.

13. That dgt~lls of e mgnagemertt plan for the m~rta~ement and maintenance of the first floor gardens playspace and roof gardens shall be submitted to and approved by the local Planning Authority prior to theoccupy#Ion of the residential ~nits such agreed detglls t4 be Implemented and m~sintained thereafter to thesatisfaction of the focal Planning Authority.Reason: In order tQ insure the# a satisfactory standard of amenity space arrd play facj~ities is maintainedfor the future occupiers of the proposed development.

14, That details of a site specific Environmental Management Plan as referred to fn the Air 4ual~tyAssessment shall be submitted to and approved by the Local Planning Authority prior to thecomma cement of the works. Such agreed plan shall be Implemented to the satisfaatlon of the Localplanning Authority during the period ~f construction.Reason' In order to ensure that the off4cts of the construotion upon air quality Is minimised.

15. That all the residential units with the proposed development with the exception of those referred #odirectly in the Design and Ac~gss Statement as not being able to be compliant shall be designed to LifetimeHomes Standard.Reason: T'p ensure that th pro sed development eats the Councils Standards In relation to theprpv(sion of Lifetime Home .

v -*rO~rector of Urban EnWrpnmertt NW) BOf~r

~'i,

2oo6-Zade(3ernngCloserroComrnururror I\'1'DSTQR (\ pl:OI'LC

Page 4: CD3/1bailey.persona-pi.com/Public-Inquiries/seven-sisters/...2004 and td prevent the accumulation of unimplemented pl~nnfng permissions. PurCh~se Apt 2. The development hereby authorised

~i~r~r~~rag ~~r~9 ~~n~rattf+~r~6~9 6~i~h Ary~~t, Tott~nha+~, i.rsndc~n f~~f 7 8~Ct

Tef: 020 8489 5508

.haringey.gnv.uk

~:

~~~

~.~si~+t~va~ ~Irecgoe~ Plaaanlrtg and 1R~g~pyer~tBan Marc Dorfm~rt H~tring+~y Coun~ii~6. ~1"l~at at 1e~st 20 flag within the proposed development shall be wh~ef~hair accessible Qr easilyedap#able for +~vhoeichafr use.Reason: To ~rtsure thy# the ptapos~d development# meets the Ct~uncil's ~#~ndards for 4he provf5ion ofwh~elcl~~ir ~cc~3s3fb(~ t~wellings.

17. "itrat d~taiis of the specification of the giazfnt~ to be used In connection with the proposed developmentin relation tb reducing noise I~vels within the residential units sh~li ~js submitted tp end approv~r~ ay theLoCai PlanMng Atrtharity prior td the oomm~nCement of th9 t'eisvant park of the works, Such agreed~peC'rficatian to t~ lmpiemented and maintained to the sa#isfaction ~f the Local Planning Authority,Reason: In order ifl protect ~h~ amenities of occupiers of the resider~tVal units

18. That the service road ventNatfon plant noise emissions shall be in accgrdanca with the fimlting soundpressure level referred to in the Noise and V~bratlon Assessment.~leasdn: In order to protect the am~n{ty of the occupiers of the proposed development.

79. That the proposed development shelf provide service covered storage for 197 Cycle racks far there~identlal units and 38 cycle racks for the commerc(al units, a to#al of 235 cycle racks to be provid&t~.Reason: In order tc~ prarnote a sustaln~bl~ mode of travel and improve cand~tions far cyclists at thislocatipn,

20. That the commercial uses shau not be operational before 0700 or after 0y 00 hours do any day.Reason: in order to protect the amenity of adjoining residential occupiers.

21. That the applicant shill submit 2 travel pans, one for the residential one for the commercial use, thedetails of which shall be agreed in wrltinr~ by the Local Flannin~ Authority prior to the occupation of theproposed dev~lapment. Such agreed details shall be implemented and permanently maintained to thesatisfaction of the Local Planning Authority.Reason: fn order to ensure sustainable travel and minlmi~e the impact of the proposed dav~lopment in theadjoining road network.

22. Tt~~t details of the routeing of the associated construction traffic and networks of delivering of goods tpthe retafVcomm~rcial uses of the proposed development be submitted to and approved by the L~c~iPlanning Authority prior td the commencement of the works. Such agreed deta(Is shall be implemented andwhere appropriate permanently maintained to the satiafactlon of the local Planning AuthorityReason: 1n order to ensure that the proposed development does not disrupt the movement of vehicles andpedestrians doing the adjoining roads and footways.

23. Prior to the commencement of development, the applicant shat! provide details to be agreed in writingby tha Loci Planning Authority of measures to reduce CO2 emissions from renewable energy technologiesby 1Q.5`3~.Reason: To bs con~i~tent with London Plan Pplici~s 4A,i end 4A.7 and UDP Policy tlb2 SustainableDes(gn and Construction.

24. Prior to the commencement of development, the applicant shall pravld~ full details, to be agreed inwriting by the Local Rlanning Authority, of the blofue~ boiler type, air qualify impact, fuel supply and carbonintensity.Reason: To be consistent with London Plan Policies 4A.1 and 4A.7 and Ut~P Polley UDC Sustaina~,leDesign and Construction.

25. The $ppl(p~nt shall implement no more than ono energy centre and hest neiwQrk, connecting a►I usesand Incorporating a CHP as the lead bo~Ier sized to minimise carbon dioxide emissions and a biofuel-onlyboner as the primary top-up boiler.Reason: To be consistent wit den Plan Policies A.1 and 4A.7 and UDP Pot}cy UD2 Sustainabletaeslgn and Construction.

~----~Director of Urban Envlrpnmertt Nlell Bdp~ ~ ~i

• • • yr.'ti3CC6•~'PU6GaRmAClasarroCommunlhos ~\1~1'S1'UN f\ 1ti0PLli

Page 5: CD3/1bailey.persona-pi.com/Public-Inquiries/seven-sisters/...2004 and td prevent the accumulation of unimplemented pl~nnfng permissions. PurCh~se Apt 2. The development hereby authorised

f~~~in9g ~nc9 ~~~r#icsro63~ HI~h ~doad, Trtt~nd~a:n, London N~ 7 88[3

'TAI: p2p 9489 5508w~+w.haringey.gay.uk

~a~bataret ~lraceor p~9annrng and i#~genorexl~n Marc Dbrirhan H~$~ri1~+9Sf GOl1f~Cil2~. 7'~e applicant Khali le7tplement energy efficiency measures for the resid~ntiai units to reduce CO2emissions by at least $% beygnd the Target ~missions R&te (rt line uJfth the fulcrum Consu~tln~ energystrategy dated 04/0912008.Reason: To be oor~slstent with i,t~r~dc~n Pfar~ i~~ffcies 4A.'1 and 4A,7 and (JDP Policy UD2 Sus#aln~bl~[a~sf~n and ~n~truction.

27. Notwithstanding the in#ormatian shown on the approved drawings the detailed design end materials ofthe following elements shall be submit#ed to end approved in writing by the Lacai Piar~ning Authority prig totMe commenc~menf of thafi part of the development:Repl~c~ment bus stop

m Alterations to seven Sisters undergrqund station en#rances (above groundFacrtway alterations end improvements to High Rc~~d, West Green Road, $ufflefd Road and Seven SistersRoad and Seven 5ister~ Road.Reasan: To ensure that the proposed developr'rrent results In Improvements to the safety and safe accessof pedestrians an the public highway and users of public transport.

28. That 15 months from the practical c~mpietion of the devalopm~nt, the applicant shall submit to theLocal Planning Authority a statement confirming the amount of biofu~l used by the development in thepreceding year. Such a statement shall ba aubmftted annually until the expiration pf 5 years.Reason: To be oonslstent with ~.ondon PIBn Policies 4A.1 er~d 4A.7 end UDP Policy IJp2 Sustainabi~Design end Construction.

29. Energy models for the commercial units based on NCM compliant methods shall be submitted to theLocal Planning Authority and approved prior to commencement of works to thgse units,Reason: Tv b~ consistent with London Plan Policies 4A.1 and 4A.7 and UDP Poilcy UD2 S~stainabieDesign and Construction.

30. The cnr~$tructian of the foul end surface drainage system shall be carried out in accordance with detailssubmitted to and approved in writing by the Laoa1 Planning Authority before the development commences_Reason: To prevent pollution of the water environment.

31. Before the development is carnmenced a detailed site investlgat~on shall be c~rrled out to establish Ifthe site Is contaminated, to assess the degree and nature of the contamination presert, and to dstermineIts potential for the pol~utlon of the water environment. The msihod and extent of this site Investlgatlan shallbe agreed with the Local Planning Authority prior to the commencement of the work. Details of appropriatemeasurQs to prevent pallutlon of groundwater and surface water, Including provisions for monitoring, shallthen be submitted to and approved in writing by the Local Planning Authority before developmentcommences. The development shall then proceed in strict a000rdange with the measures approved.Reason: To prevent pollution of the water envirpnment.

32. The construction of s#vrage facilities for oils, fuels ar chemicals shall be carried out In accordance withdetails submitted td and approved ~n writing by the Local Planning Rufhorlty before development iscommenced.Reason: Ta pr~evsnt pollut)on of the water snvironment.

33. The applicant should submit ~ scheme far approval by the Local Planning Autho►fty detailing waterefficiency me~sure~ slang wJth rainwater harvesting and greywater reuse. Where measures are not bungused reasons should be provided.Reason: There is a high demand for Hmlted watsr resources In this area: therefore we need to manage waterwisely to meet the needs of society end the environment.

Director of U~'ben Environment N~Ii 8olp~r ~~ '~

.~, a• ~ BOOS 20DIf +,~ • GenmgC~n~rroGom~nuM~les IVYIiSTpR f\ Pl'st)I'Lli

Page 6: CD3/1bailey.persona-pi.com/Public-Inquiries/seven-sisters/...2004 and td prevent the accumulation of unimplemented pl~nnfng permissions. PurCh~se Apt 2. The development hereby authorised

~~~r~roi~rg ~t~~ R~g~~~~a#~rsrt639 ~(~h€ F~aar~~ Toft~nhatr, London Pdi7 8BD

T'~1: Q20 8489 X508wvvw.haringey.gov.uk

~lratmrrt DIr~c4or P~iannlrsy end Ragdn~ratlan M~rC Dortmdn M~aringey Council34. Pr{or ~o the ~ommen~~ment of the develdpmen# the applicant should supply de#aUs of how theypropose to meet the maximum weer use target of ~ 05 litres of w~4er per day target fpr rssitlen~ialdeve►opm~nt ~e4 out jn Lnndc~n Pian policy hA.16. 6 months after the occupation of the development theapplicant should supply details of water use within the rt3sidentiai d~velopm~nt over that ~9riod_~ds~san: to protect ~nc~ conserve water suppN~s and water resoure~s In t~rder to secure R.ondon's needs ire~ sustainable manner and to campfy with London Pion policy 4A,16.35. Bsfare the develapmeni hereby perml##ed commences at the site a d~t~iled constru~tlon strategy shallbe submitted to the Lac~i Planning Authority for approval in consultation with Landon UndergroundLimited. 1'he con8tru~Rion stra~agy shill provide details of all works within the vicErllty of Saven Sisters~lndergroun~i Station.Aeesan: In order to sa#eguard the station assets and !n order 4o comply with London Piart poticy 3C.4.36. That datail~ of the design, construction, instailatlon snd programme of works to provide canopies overstation entrances shall be submitted to and approved by the i.acal Planning Authori#y prior to thecommencement of this part of the works. Such scheme as agreed shall be implemented to the satisfactionof the Local Planning Authority.Reasrrn; In order to safeguard the station assets and in order to Campiy with London Plan policy 3C.4.37. That details of the design and position of any kiosks shall be suk~mitted to and approved by the LocalPlanning Authority prior to the commsnc~m~nt of this pert of the works. Such scheme as agreed shall ~eimplemented tQ the satisfaction of the Local Planning Authority.Reason: In order to safeguard the station assets and In order to Comply with London Plan policy 3C.4.

INFpRMATIVE: The new development will require naming/numbering. The applicant should corrtact theTransportation Group at least six weeks before the development Is occupl~d (tel. 020 8489 5573) to arrangefor the allocation of a suitable address.

INFORMATIVE: The carbon Intensity df the biofuol should be confirmed ag~tlnst the Go~emm@nt'sRenewable Transport Fuel Obligation carbon and sustainability methodology for biofuels.

INFORMATIVE: In accordance wfth S~otlon 34 of the ~nvlronment~l Protectfan Act and the Duty of, Gare,any waste generated from construction /excavation vn site is to ba stored in a safe and secure manner fnorder tQ prevent Its escapB or its handling nu unauthorised persons. Waste mint be removed by aregistered carrier and disposed of at an appropriate waste management licensed facility following the wastetransfer or consignment note system, whichever fs appropriate.

INFORMATIVE: LU can confirm that the stairwells and passageway underneath the A70 are within thet~oundaries of LU property. If the developer wishes to modernise these facilities through the powers ~fsection 278 of the Highways Aet, LU will support this work. However, such work must be undertaken inaccordance with LU and their prescribed standards for statlr~n assets. Furthermore, the appropriate assetengineers will need to be consul o guarantee that following the works, they will maintain these areas,

REASONS FOR AP~~iaVAL

The proposal is considered to comply with Government pollCy p2rticularly PPS B (~'lanning for TownCentres} the adopted UDP and the London Plan which together form the development plan.director pf Ur4an Ernironment Mme! BalQer i ~~~ r

~1~ ~~~ ~~ ...~.

CtrttaryClourroCnmm~rnrpee f`ICRSTOR (\ Plit11'I.H

Page 7: CD3/1bailey.persona-pi.com/Public-Inquiries/seven-sisters/...2004 and td prevent the accumulation of unimplemented pl~nnfng permissions. PurCh~se Apt 2. The development hereby authorised

PIa1'~ri~~i~ ~rr~l ~~~~~r°~tic~n633 Pilgh ~tcv~d, Tottenham, l.nndon Nt 7' 8BD

Tel: 020 8489 5546wdww. h i r i n g ey, gtty. u h

,4~ol~R~nt Dtrect~r P~i~#nntrog arod iipg~lt~r8tlon Marc bpr}m$n N~ringey CouncilThe ~ppiicatian ret~tes #o the s(te specffle pro{~osai number 21 of Schedule 1 of the tlnitary Developmentplan which refers to the Planning Brief adopted in January X044 for ~ prr~posed cc+mprehensive mixed usedevelopment of Wards Carn~r and Apex House. Paragraph 4.9 of the UDP on page 76 (end table 4.1}tttake5 clear that tha housing ~lement~ in the adopted planning brief of the combined sites wi#h an3ndicati~~ number ofi dwellings of 2~0 dwellings were considered as part of the 2004 H~using ~apacltyStudy which informed the UC7P and the Lyndon Plan. The appllcatir~n site is within the care town centre pfSeven Sis4ers idenfrfied in Policy AC3 'Tottenham H(gh Road Regeneration Corridor' as the focus for newintensive d9velopmer~t to catalyse prime regeneration of the ToCtenham Wigh Road Regener~tlOn Corridor.The site is also within the boundaries of the ~r'idge New peal for Communiti9s defined area 8nd highlightedIn Pcr(Icy AC4 The Bridge -New Dee! for Communities' of the UDP as an Im~aortanY development site. 7h~policy seeks to Improve the qualJCy of life for residents and tc~ change 4h~ area so that it becomes a betterplace to live.

The propo$al was considered to t~ In general accordance with the relevant policies in the Qevelc~pmsntP(~n which by ~ectfan 39(x) Planning and Compulsory Purchase Act 2Q04 Is both the Mayor's London Planand Haringey's IJb~. The relevant Planning policies and Supplementary Guidance which ware taken into~sacount are as follows:

'T'he Mayor's London plan Congc~lkalated with t~lter~#ken aln~ce 2004 dated ~ebrusry 2008

Policy 2A.1 Sustainabiilty CriteriaPolicy 2A.7 Areas for Ftegeneratit~nPoAcy 2A.8 Town nentresPQiicy 2A.9 The Suburbs: Supporting Sustainable CommunitiesPolicy 3A.1 Increasing Londan Supply of housingPolicy 3A.2 Borough Housing TargetsPolicy 3A.3 Maximising the Potential of SitesPolicy 3A.5 Housing ~hofcePailcy 3A.7 t,arge Residential C~evslopmentsPolicy 3A.8 Definition of Affordable HousingPolicy 3A.9 Affordable Housing TargetsPolipy ~A.10 Negotiating Affordable Housing in Individual Private Residential end Mixed Use SchemePolicy 3A.17 Addressing the needs of London's diverse populationPolicy 3x.18 Protection and enhancement of social Infrastructure and communfty i~cllltlespolicy 3A.24 Education faclittlesPolicy 3A.28 Social and Econpml~ Impact AssessmentPolicy 3B.3 Mixed Use Developmentf~olicy 38 1 Developing London's Economyf~olicy 3B 11 improving Empiayment OpportunitiesPolicy 38.11 Improving Employment Ctpportunities for LondonersPolicy 3C.1 Integrating Transport and DevelopmentRolicy 3C.3 Sustainable Yransport for LandonPolicy 30.21 Improving Condltl~ns for WalkingPolicy 3C.22 Improving Conditions for CyclingPa!(cy 3C.23 Parking StrategyPolicy 3C.24 Parking in Town CentresPo►Icy 3D.1 Supporting town centresPolicy 3D.2 Town centre developmentPolicy 3D.3 Maintaining and lmprov(ng retell facll{tiesPolicy 4A .1 l'ack~~ng Climate ChangePolley 4A .2 Mltl~~ting Climate ChangePolicy 4A .3 Sustainable Design and construction ~Po1►cy 4A.4 energy assessmentPolicy 4A5 Provislot~ of heating and cooling networksPolicy 4A6 Decentralised Energy; heating, Cooli►1g end PowerPolicy 4A.7 R~new~tble energyPolicy 4A.9 Adaptlon to Climate changeDlreGtor of Urban EnvlrOnr~lsrrt t~~N 9olper ~~

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~~~n~~~ ~~, ~ ~~~~t~~~~3S ~8igh i~aaci.'Tott~nMam, London N57 $~C7

7a#p 020 6489 55b8vr~nnr. h a r~~+g~y.~ ov. u k

Aasi9~nt 1~~ gor Pia~snd~g ~n~l Fiegen~ratie►h M~rC porfman H~1'~ft~~,/ CC?Uf1GfId~vflcy 4A.1~ Ov~rh$atingPolicy 4A.1 B Water and sewerage infraseructurePolicy 4~t.19 Irr~proving Alr QualityPolfcy 4A.2q Reducing Weis$ qnd enhancing Sounds ~a~e3'o(icy 4A .2i Waste Strategic Policy anc# TargetsPolicy ~R.33 Bringing Contaminated lard into ben~filcl~l usePalicy 4B.1 L7esign Principles for a Compact GttyPolicy 45.3 Enhancing the quality of the p~ablfC realmPolicy 48.5 Creating an inclusiv8 environmentPolicy 4~.6 Safety, Seaur(ty and Fire Prevsn#(on and Pro~ectlonF~o►I~y 48.8 Respect local oontsxt and communitiesPol►cy X8.9 Tali ~ulldings - LacatlonsPt~licy 4B.1Q Large -Scale Buildings ~ Design and fmp2ct~oiicy 48.17 Londrn's Built HeritagePolicy 4B, 15 ArchaeologyPoNcy 5A. 1dub-Regional FrameworksPolicy 58.1 The Strategic priorities for North LandonPolicy 56.2 Opparkuntty Areas in Narth LondonPolicy 6A.4 Priorities In Planning QbllgatlansPaficY 6A.5 Planning CJbligatfons

The M~ycrr'a tither Str~tegles

'rhe Mayar's Alr Quaifty Strategy: Cleaning London's Air {20D2)The Mayor's Biodiversity Strategy. Connecting with London's N~tura (~d02)The Mayar's Culture Strategy: Realising the potential of a world cias~ city (200~t)Tlie Meyor's London Economio C7evelopment Strategy Success through dlversi#y (2001)The Mayor's Amblant Noise Strategy {2D04)Thy Mayor's Energy Strategy {Feb 2004)'fhe Mayor's Transport Strategy (2004)The Mayor's Municipal Waste management Strategy (2003)The Mayor's EnErgy Strategy (2Q04)The Mayor's Planning for Equality and Diversity in Meeting the spatial needs cif London's dlver5~oommunitles 5PGThe MayoP's Dr~ifi Industrial Capa~fty SPG (~QO~}The Mayor's Land for Transport Functions SPG (March 200r~The Mayor's Suatalnable Design $, Construction SPG (~Q08)The Maygr's F~roviding for Children end Young Pepple's Play and Informal Recreation SPG (March 20Q~)The Mayor's Housing SPC7 (November 2Q05)The Mayor's Industrial rapacity SPGThe Mayor's Accessible London: Achieving and inclusive envfronm~nt SPGThe Mayor's Wheelc~tair Accessible Housing Best Practice Guide (BI G)The Mayor and London Councils' Best Practice Guide on The Con#rol of Dust and Emissions poringConstruction

North London Sub - Fieglonal Development ~rsmewark (SRDF}(Msy 2t)p67NaNn~ey'~ Cammunify Strategy {2003- 200Adopted Unitary Devebpme►tt Plan, 20U8Policy G1 EnvironmentPolicy G2 p~velopment end Urban QesignPolicy G3 Npusing SupplyPolicy G4 Employment ~Director of Urban Ernironmerrt Nlst► @oFper ~;

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~I~~~~rr~ a~~ ~~~~+~r~~6e~t~839 Sigh I~o~d, Tottenham, London A717 $~l7

Tel: 0~0 8489 SBbB+ v~.h~ring'~ey.gow.uk

~+A#+8~8a~t ~i+~G3~P ~lei~ittaalgg err~l f4~og~~aP~fion hA~rc Doetman $'~gtiflgey (%OUt~C~!

Policy G6 1"tiwn Centre Filer~rphyPolicy G12 Priprity AreaPa!(cy AC3: Tottenham Fdlgh Road Regeneration CorridorPolicy AC4: The fridge — Naw Ck~a1 for Commurtr~ie5~'blicy Ut?2 S~us4~ir~~Yale D~slgrt ~r~d CanstructionPolicy UD3 Gener~i Principles~'~licy UD4 Quality DeslgnPalfcy U~7 Waste StoragePr~licy ~JDB Planning ObligationsFallcy UC79 Locatlong for 7a1~ ~u~~dingsPol9cy ENV3 Water ConservationPolicy ENV6 Noise PollutionPolicy ENV7 Air, Water anti Light PollutionPoUcy ENV9 Mitigating Clima#e Charge: Energy EfficiencyPolicy ENV1~ Mitig~t~ng Climate Change. Renewable energyPolley ENV11 Contaminatec~ LanaPolicy ENV13 Sustainable Waste ManagementPolicy HSG.7 New Housing DevelopmentsPolicy NSG.3 Protection of Exist(ng HousingPolicy HSG.4 Affordable HqusingPolicy H~G.9 Den$ity StandardsPoifcy HSG.10 Dwelling MixPolicy TGR1 Devalapment In Tawn and Locat Shopping CentresPolicy TCR3 Protection of Shops in Town CentresRolicy TCf~4 Protection of IgGal shppsPolicy Tf~R5 A3 Restaurants and cafesPolicy M2 Pubic Transport NetworkPolicy M3 New Qevelopment Location and Aocess(bltityPolicy M4 Pedestrian and CyclistsPolicy MS Protection, Improvement and Creation of P~destrfan and Cycle RoutesPolicy M9 Car free developmentsPolicy M1 p Parking for pevelopmentPol(cy CW1 New CommunitylHe~tth FacilitiesPailcy CSVB Archaeology

Supplementary Pl~nning t~ulda~+ce

~PG1 a Design Guidance and Design Staternent~SP~2 Conservation and ArchaeologySPG3a Density, [?welling Mfx etcSPG3b Privacy/Overipoking, gspect/Outlook and Daylight/S~nlightSPG4 Access for All - MoDlltty StandardsSPG5 Safety by DesignSP~6 G Restaurant, hot premises-use A3 etcSPG7a Vehicle and Pedestrian MovementSPG7b Travel PlanSPG7c Transport AssessmentSPGBa W2ste and Recycling (adopted 2005)SPGSb MaterialsSPGBd BiodiversPty Landscaping, TreesSPG8c Env~ronmanta► Performance ~ _SPGSe Light PollutignSPGBf hand ContaminatlonSPG8i Air QualitySPG9 Sustaln~blllty Statement GuidancESPG10a The Negatiat~on, Management and Mpnttoring of Planning obligations (Adopted 20Q6)SPG 1Db affordable Housing (Adopted 20afi)D~rectw of Urban Enwrprtment NIi1► BWpeu ~i~

7gqC-x'006(3e1bt1p Cf0.yB/!0 Gbrbmundres

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~~r~r~a~i~ t~t~ ~~g~~e~°~ti~a~~i39 ~iigh i~crr~d, Tc~ttenh~m, ~,canderr N17 88G

Tai: 020 6489 5808

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A~n~U~trsrrt DIr~c4ar ~i~~rtkrg end i~ierq~~nrr.tlun Marc dr~riman ~~1'~tt~~y GOUfiCI~

~PG10~ Educe~ianal needs generated by new pausingSPG10d Planning Oblig~itlons end open gpaCeSWG10e fmprav~ments to public tran~pe~rt fnfeastru~ture and servicesSPG11b Buildings sui#~blo for community usaSpC~~t 9 c Town Centre and Re4ali Thr~sho9ds

Loce1 ~gv~lopm~nt Framewark - Strategy

Thy ~i~ringey llnftary DevelApment Flan (UC}P) remains the st~tuRory plan until at !q&st July 20Q9 anti~lanning applications will be determined on the beefs of its planning policf~s at least until that time. thecurrQn# appifcations era thgrgfore being determined In this basis. Hgwever In ~cCordance with Governmentinstruc#ion the Caunci! has started, work on the Loca) Dsvelopment Framework. Future planning policieswill be based on the Gounclis Core strategy which !s currently at the "Issues and options" stage havingrecently been out to consultation in draft form. ~Tl~e care strategy must conform to the vision in the councilsCommunity Strategy (2(107-2017).The core strategy is currently timet$bled to be adopted In December 20x9. In the meantime due to thQearly nature of its development it has ►ittie weight In relation to current decision making. s

• ~ . .:

Planning for Town Centres: guidance an Design an~i Implem~ntatlon 7'aois8y Design -Better Places to Live (DTLFt, CABE September 2001)GABS Design and Access StatementsSecures! by DesignTowargs an Urban Rena~ssancs Urban Task Farce, X999)Sustainable Communities: Homes for All (OpPM, January 2005)Housing Corporation Design and QuaIICy Standards April 2007Diversity and Equality in Planning: A Gr~od Prsc#lee Guide (ODPM)Planning and Access for disabled people: A Good Prac#ice Guide (ODPM)Code for Sustainable Homes (December 2005) DCLGDemolition Protocol Developed by London Remade

The proposal entails the demolition of some buildings In the Page Green Canservatlon Area. UDP PolicyCSV 7 'Demolition in Conservation Areas' supports the retention of these buildings which form a minority ofthe site_ None of the buildings are listed. The communlry and economic benefits of the proposal includingthe scheme far ark works Qn the facade and public art are considered tb outweigh the benefit of retention ofthsse bull~iings and mitigate their loss. The bbJe~tions did net f ustlfy fefus~l of the applic~tlon.Note: The peputy Mayor Community Relations acting under delegated autharl#y pursuant to the Mayor ofLondon prder 2~0~ confirmed on 3 D~cemba~ 2008 that he was content to allow the Council to determinethe Application,

Note: A direction was Issued by the Secretary of State for Communities and Local Government an the 8December 2p06 under ArticlQ 14 Town end Country Planning (General Development Procedures Order i 995prohibiting the grant of planning permission. After considering all the matters raised in the ~pplicatian endother relevant planning ►ssues raised by thg proposals together with aU represent3tl~ns received and Inparticut~r the policies in PPS7 Delivering Sustainable Communities; PPS3 Housing; PPS 6 Planning forTown Centres; PPG13 Transpo+t; PPG 15 Plartr~ing and the H/storlc Env/ronm~nt and the relevantprovisions of Haringey's adopted Unitary Development Plan (2006) and o€the Landon Plan, the Secretary ofState was satisfied that the Council had considered the Issues and have addressed and taken account ofthe relevant policies in reaching their conclusion to grant planning permission for the proposal. TheSeorstary of State decided that she should leave the decision on whether or not to grant planningpermission to the Lon orough of Haringey and withdrew the Direction letter of 8 December on 16December 2008Director of Urban Envlronm rtt NI811 ~ ~+,

~~d~~~ 7A06~2000

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Ia~a~ir~ ~~~# ~+~~~r~r°~ti~~e639 High Road, TotCenh~m, LoC~dbn N97 $0D

4et: 020 X499 5508

w wr.h aring~y.gov, UicA~a~ater~t airacs~r i~i~„a~~►,g trnd ~agoner$x~urt Marc Qarfrrta~ Har➢tlgl~y Council

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~~ ~~A"~ ~ ! ~sr=e~y ~¢r°~ this to be ~~~ t f~ ~~t~e spy ~t #ate origi~~ak• {r ~~.~

~1

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orr~er ~ to i gad c~ X23~~e ister Road 1 ~ -1 ~ t~Vest peen loadLand -- 3+0 infield o~d} London 1 by ~h~~ -de~oiition of exi~tir~g buildings and erec~iQn of

mixed. use development comprising Class C3~~ r~si~ential and ~~ass Al /A2/A3/A4~ with access

harking end ~ssoc~ated parking end publicrealm improvements

~~Y/2~081a343

Dated : ~ + 2008

THE MAYOR &BURGESSES OF THE LONDQN BOROUGH OF HARfNGEY (1)

GRAiNGER SEVEN SISTERS LIMITED (2)

NORTHUMBERLAND &DURHAM PROPERTY TRUST LIMITED {3)

8335S30A7

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TABLE OF CONTENTS

-2-Ref: 12 BIA0.7lPCP:1 II5353.2/haaa

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DATE ~~` 2008

PARTIES

(1) ~'HE iYIAYOR AND BURGESSES OF THE LONDON BOR~ttG2~ OF HARINGEY of Civic CentreWood Green Condon N22 4LE ("Council".}

(2) GRAINGEFt SEVEN SaS'fERS L1Mti'~D {Company registration no. 0611'9428) of Citygate St.James Boulevard Newcastle upon Tyne NE1 4JE ("Developer")(3) NDR7HUiN8ERLAt~D S~ DURHAM ~'ROPE#2TY Tf2US7' LlMfTEt3 {Company registrationno.00'l827B3) of Citygate St James Boulevard Newcastle upon Tyne ("Guarantor')

IIVTRODUCTiON _,

1 The Council is the local planning authority for the purposes of the Act for the area in which the Siteis situated and is also the Accountable Body of the Bridge New Deal for Comrnuni#ies and the localhousing au#hority and the local education authority and the local highway authori#y far the Suf#~eldRoad and West Green Road highways abutting the Site.

2 The Developer has the benefit of an agreement with the Council for the acquisition of the Site partof which is owned by the Guarantor who jams in this Deed as a Covenan#ing Party in respect of itsinterests in the Site.

3 Tfl.. is the owner of part of the Site including the existing market ha!! at 227-229 Mgh F2oad and hasagreed to support the scheme in its capacity ~s fandawner, highway aufhority and operator of theSeven Sisters Underground Sta#ion beneath and adjoining the Site4 The Developer has submi#ted the Application to the Council and the par#ies have agreed to enterinto this Deed in order to secure the planning obligations contained in this Deed.5 The Council resolved an the 17th day of November 2008 to (1} grant the Panning Permissionsubject to the prior completion of this Decd and the concurrence of the Greater London Authorityand (2) grant the Conservation Area Consent subject to the prior completion ofi this Deed.6 The Deputy Mayor Governmen# Relations acting under delegated authority pursuan# to the Mayorof London Order 2000 confirmed, on 3 December 2008, that he was ca+~tent to allow the Council todetermine the Application.

NOW TMlS DEED WITNESSES AS FELLOWS:

OPERATlV~ PART

1 t?EFfNiTlONS

For Ehe purposes of this deed the following expressions shall have the following meanings:"Act" the Town and Country Planning Act 1990"1980 Act" the Highways Act 198(}

"Administration and the sum of £9,Q00 {nine thousand pounds)Monitoring Contribution"

3

1

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"Application" the application for full planning permission dated4 February 2008 submitted to the Cou+~cii by t(~e Developerfor the Development and allocated reference numberHGY/2008/0303

"Car-free Development" a residential development tha occupiers of which are noteligible to apply for a Residents' Parking Perini# under the7ra#~ic Management Order

"Closure Dats'° the date set out in the Closure Notice as being ~h~ dots onwhich the Market is to close in order that Commencemer~4of Development may occur

"Closure fVo2ice" a notice served by the Developer on the Traders confirmingthat tt~e iVlarket will ba closed on a date specified in suchnotice, being nat less than 6 (six) months after service ofsuch notice

"Commencement of Devefopmen#" the date on which any material operation (as defined inSec#ion 56(4} of the Act} forming part of the Developmentbegins. to 6e carried out other than {for the purposes of thisDeed and for no other purpose} operations consisting ofsite clearance, demolition work {including demolitionpursuant fo the Conservation Area Consent),archaeolagica! investigations, investigations for the purposeof assessing ground conditions, remedial work in respect ofany cantaminatEan or other adverse ground conditions,diversion and laying of services, any underground works,the laying out of accesses (whether temporary arpermanent), erection of any temporary means of enclosure,the temporary display of site notices or advertisements andany other preparatory works as may be agreed with theCouncil and "Commence Development" shall beconstrued accordingly.

"Conservation Area Consent" the conse►vation area consent to be granted by the Councilto the Developer pursuant to applica#ion referenceHGY12Q~8/0322 t'or "demolition of existing buildings anderection of mixed use development comprising C3residen#ial and class A1IA2/A3(A4 with access parking andassociated landscaping and public realm improvements" inrelation to the Site a draft of which is set out in the SecondSchedule.

"the Considerate Contractor's Scheme" the scheme at the Sixth Schedule incorporating a code ofpractice iden#ifying that construction on the Site will be asfollows:

Considerate

Environmentally Aware

a Clean

• Neighbourly

Respectful

2

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Safe

a Responsible

Accountable

"Construction Web Network" the partnership between Enfield, Waltham Farest andHaringey Councils, the Learning and Skills Council, UrbanFutures, Job Genfre Plus, the Construction lndusiryTraining Board and the College of North East London (orsuch other body established to promote Qpportunit~es inem}~loymen#, training, Lvorkforce development -and businessdevelopment in the construction industry for people in NorthLandon)

"Cons#ruction Web l"argetRecrui#went and Training Initiative° the ini#iative co-ordinated by the Construction Web Network

to promo#e opportunities in employsrient, training, workforce4

development and business development in the construction+ndustry for people in North London

"the Covenanting Parties" the Developer and the Guaran#or and successors in title ofthe Developer and the Guarantor

"Director" the Director of Planning Environmental Policy andPerformance or such other proper officer of the Councilresponsibfefor planning and highways functions.

"Development" the devefopmenf of the Site pursuant to the ConservationArea Consent and the Planning Permission with thedemolition of existing buildings and erec#ion of mixed usedevelopment comprising Class C3 residential and ClassA7/A2/A31A4 with access parking and associated on-siteparking and public realm improvements as se# out in theApplication

"Dwelling' a dwelling (including a house flat or maisonette) to beconstrtacted pursuant to the Panning Permission

"Education Contribution" the sum of £200, 00 {two hundred thousand pounds) tQprovide additional educational facilities within the BridgeNDC area of the London Borough of Haringey required as aconsequence of the Development

"~i~ancial Test" in relation to a prospective Market Operator, #ha# suchprospective PAarket Operator is able to show:

(a) after tax neE profits in excess of 3 (three) times theanticipated rent ~ncfer the proposed Market Lase; and

(b) unencumbered net assets after deduction of aN dabtsdue to third par#ies in excess of 7 (seven) times theanticipated rent under the proposed IUiarket Lease

Far each of the immediately preceding 3 (three) financialyears and by reference to audited accounts

3

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i

"Heads of Terms" the outline Heads of Terms for fhe MarkeE Lease annsxeciat Appendix 2, as varied or amended by agreerrtentbe#ween the Developer and the Market Operator

"Index" A!I Items Index of Retail Prices issued by the Office forNafiona! Statistics

"interest" interest at 4% (tour per cent) above the base landing rate ofthe Co-opera#ive Bank Plc frorrr time to time

"Management S#rategy" a stra4egy set#ing taut the way in which the Developer will' provide for and ensure the ongoing management of fhevarious elements of the Development referred to inparagraph 15 of the Third Schedule

"Market" Seven Sistsrs Indoor Market currently occupied by the-• l'raders #railing at 231-243 High Road and located within

the Site

"Market Conditions" the following conditions:

(a) receipt by the De~eJoper of the Markst Lease Notice' accompanied by copies of the relevant expressions ofinterest; and

(b} receipt by the Developer of an offer from a MarketOperator to enter into the Market Lease or a bindingand unconditional agreement far fhe same no later fhantwelve (12) months before Practical Completion of theDevelopment;

"Marke# Lease" a lease of the New Market Area to be enfered into betweenthe Developer and the Markek Operator such lease to be in<< a form incorporating the t-3eads o€ Terms and otherwise asproposed icy the Developer and approved by the MarketOperator (both acting reasonably)

"Market Lease Notice" a written notice served by the Market Opera#or on thaDeveloper (and Then copied by the Developer to fheCouncil) to the efifect that the Market Operator has receivedwritten expressions of interest from 60°/a (sixty per cent) ~rmore (by rateable value) of the Traders that such Traders~~ill take an exclusive and non assignable licence of anequivalent staff in the New Market Area. on reas~nabieClass AZ open market terms

"Markel Operator" an experienced indoor market operator able to demonstratsa sufficient lave! of track record in the suecessfufmanagement of indoor markets and who satisfies the

4

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Financial Tes# a~ the material time and who is approved bythe Developer, acfing reasonably

"New Market Area" the area cross-hatched an fhe plan annexed at Appendix 2being units 2-6 on the ground floor of the t7avefopmentintended to comprise a net internal area of 9,434 (ninethousand four hundred and thirty four) sq ft or fhereal~outs

"Occupy", "Occupy#ion" and occupation for the purposes permitted by tha Planning"Occupied" Permission bu# not including occupy#ion by p~rsannel

engaged in construction, fitting out or decoration oroccupafian for marketing or display or occupation in rely#ionto security operations

' "open Space" _.

"Payment Conditions"

the roof space, {first floor gardens and play space fo be Paidaut within the Site as part of the Qevelopme~t

the following:

(a} the service of the Closure Notice;

fib) the relevant Trader vacating the Market; and

(c} the relevant Trader signing and delivering to fheCouncil the Release

"f'fan 1' the plan at#ached to this Deed at Schedule 1 showing fheextent of the Site edged black

"Plan 2" the plan a#tacked #o the Deed at Schedule ~ showing thein#erests within fhe Sife bound by this Deed in which theQeveloper or the. Guarantor has a freehold or Leaseholdinterest (as the case maybe)

Planning Permission" the fu11 planning permission subject to conditions #o begranted by the Gouncii pursuant to the Application a draft ofwhich is set out in the Second Schedule

"Practical Completion" the date an which the Developer's architect (or similarqualified professional) certifies the Development as beingsubstan#ialiy complete

"Public Art" a work or works of public art to tie located on the frontageof the Site adjoining the High Road and including thedesign of frieze on fha proposed corner building worked upby reference to the design brief submitted with fheApplicat+on to be installed as part of the Development to avalue of the Public Art Sum

'Public Art Sum" £1QO,000 (one Ytundred #housand pounds) ar fhereabou#s"Release" a document to be signed by each Trader as par# of the

Payment Conditions (in such reasonable form as theDeveloper and the Council agrae} confirming That the

~7

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Trader has vacated the Market and has na ongoing righf tooccupy it

"F2efease Sum" far each Trader, that sum being twice fhe rateable value asat the date of this Deed of the sfail occupied by such Traderin the Market

"Residents` Parking Permit" a permit issued under the Traffic Management order whichpermits the holder to park in accordance with the TrafficManagement Order

"Site" fhe land shown edged black on the Pian comprising 227-269 High Road, 709 fo 723 Seven Sisters Road, 4 a-11West Green Raad and 8-30 Su~eid Road the freehold andfeasehoid (as the case may be} interests in which are held

' by the Developer or the Guarantor lshown on Pfau 2 andlisted in Schedule 1) and which are bound by the terms of

l' this Deed and against which the terrrcs of this Deed shall beenforceable

"Suffield Road Unifs" means the 12 (fwelve) units fo be constructed on SuffieldRoad as shown edged red on fhe plan annexed hereto inAppendix 3

"TfL" Transport for London of Windsor House, 42-50 VictoriaStreet, London SW1 OTL.

"the Traders" the current occupiers of the Market as at the da#e of PhisDeed as shown on the list at Appendix 1 being theratepayers far the sta!!s listed with the respective rateablevales of the existing market stalls and "Trader" shall beconstrued accordingly

"Traders' financial Assistance Sum" the sum of £98,650 (nine#y six thousand six hundred andfifity pounds) being the tofal of twice the aggrega#e rateablevalue of the Market occu}~ied by the Traders as at the dateof this Deed

"the TrafFic Management Order" the relevant order for the time being in force and madeunder the Road Traffic Regulation Act 7 984 whichestablishes a Controlled Parking Zone in which the Site issituated

"7ra~c Management OrderAmendment Contribution" means the sum a€ £i,000 (one thousand pounds) tv be

paid towards the cosEs associated with amending theTraffic Management Order so as to remove theDevelopment from fhose premises where residents mayapply fQr a Residents' Parking Permit

"Working Days"

"Work Placement Coordinator

any day though not including any Saturday ar Sunday orany bank or public holiday

a person employed to source, provide and monitor trainingopportunities to fhe unemployed and provide appropriate

8

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skills to suitabEe candidates within the London Borough ofHaringey

' 2 CONSTRUC7lON OF TFifS DEED

2.1 Where in this Deed reference is made to any clause, paragraph or schedule or recital suchreference (unless the c~nkext otherwise requires) is a reference to a clause, paragraph or scheduleor recital in this Deed.

2.2 Words importing the singular ra~eaning where the context so admits include the plural meaning andvice versa.

2.3 Words of fhe masculine gender include the feminine and neuter genders and words denotingactual persons include companies, corporations and fiirms and all such words shad be construedinterchangeable in the# manner.

2.4 Wherever there is more Phan one person named as a party and v✓here more than one partyundertakes an obligation a!I their obligations can be en€orced against ail of #hem join#!y and againsteach individually unless there is an express provision otherwise.

2.5 Any reference fa an Act of Pariiarnent shall include any modiftcatian, extension or re-enactment ofthat Act for the time being in force and shall include a~! instruments, orders, plans regulations,permissions and directions for the time being made, issued or given under that Act or derivingvalidi#y from it.

2.6 References to any par#y to #his Deed shall include the successors in title to that party and to anyderiving Title through or under That party and in the case of the Council the successors to itsstatutory functions.

2.7 Headings fo cfauses of and schedules to #his Qeed do not affect the interpretation or cons#ructionof this Deed.

3 LEGAL BASlS

3.T This Deed is made pursuant to Se~tian X06 of the Act, Section 111 of the Luca! Government Act1972 and Section 96 of the Greater Landon Caunci! (General Powers} Act 1974.

3.2 The covenants, restrictions and requirements imposed upon the Developer under this Qeed createplanning obiigatians pursuant to Section 106 of the Act and are enforceable by the Council as localplanning authority against the Developer.

~# CQNDITlONALITY

Ti~is Qeed is condi#iona! upon:

(i) the grant of the Conservation Area Consent and the Planning Permission; and

(ii) the Commencement of Development

save for the provisions of Clauses 7, 1Q, Z1, 14, i5 and 46 which shall come into effectimmediately upon completion of this Deed.

5 THE DEVELOPER'S C{~VENAf~tTS

5.1 The Developer covenants with the Council as set out in the Third Schedule and the Guarantorcovenan#s that the Guarantor's interests are bound by this Deed to the same extent.

6 THE COUNCIL'S COVENANTS

6.1 The Council covenants with the Developer as set out in the ~ourEh Schedule, ..7 MISC~LLAtVEOUS

7

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~~~ 7.1 ~ No provisions of this Deed shaJi be enforceable by any party wF~o is not a party to this Decd under

~~~ f the Contracts (tights of Third Parties) Ac# 'E 899~;-~-~~° 7.2 ~ This Deed shall be registrable as a local land charge by the Council.

7.3 Where agreement, approval, consent or expression of sa#isfaction is required by the Developer~~~~~ from the Council under the terms of this Deed such agreement, approval, consent or expression of

sa#isfaction shall not be unreasflnably wifhhe(d or delayed and any such agreement, consent,approval or expression of satisfaciian shall be given on behalf of the Director.. _~.

~;~ 7.4 f And any notices shall be deemed to have been properly set'ved if sent by recorded delivery to them- principal address or registered ofFice (as appropria4ej of the relevant party.,~_...

'~ 7.5 ~ Following the performance and safisfaction of al! the o~iigations contained in this Deed the Councilshall forthwith affect the canceifa#ion of all entries made in the Register of Local Rand Charges inrespect of this Daed.

7.6 lnso#'ar as any clause or clauses of this Deed are found (for whatever reason) to be invalid illegalor unenforceable tFien such invalidify illegali#y or unenforceabiii4y shat( not affect the validity orenforceability of the remaining provisions of this Deed.~s.~.

~7.7~~~ This Deed shall cease to have effect insofar only as it has. not alrea~fy been complied with} it the''~~~" Planning Permission shall be quashed, revoked or otherwise withdrawn or (without the consent of

the Developer} it is modified by any statutory procedure ar expires prior to the Commencement ofDevelopment.

7.8 '~ No person shall be liable for any breach of any of the planning obligations or other provisions of~~--' this Deed after if shall have parted with ifs entire interest in the Si#e but without prejudice to liability

€or any subsisting breach arising prior to parting wi#h such interest.

7.9 This Deed shall not be enforceable against owner-occupiers or tenants of Dwellings or commercial~ units constructed pursuant to the Planning PermissPQn nor against thasa deriving title from them.,~°.°7.10 Nothing in this Deed shall prohibit or limit the right to develop any part of the Si#e in accordance

-~' with a planning permission (other fhan the Planning Permission} gran#ed (whether or not anappeal) after the date at #his Deed.

.71 The provisions ~f this Qeed shall not be enf~rceahle against any mortgagee of the Developer'sto#erest in the Site unless such mortgagee is in possession

7.12 Where a covenant is given by the Developer in this Deed it shad( be assumed far the purposes ofthis Deed that it is given by both the Developer and the Guarantor and where covenants are givenby the Council to the Developer it shalt be assumed for the purposes of this Deed that #hosecovenants are also given tQ tha Guarantor by the Council.

8 WAIVER

No waiver (whether expressed ar implied} by the Council or Developer of any breach or default fnperforming or observing any of the co~enan#s terms ar conditions of this Deed shall constitu#e acontinuing waiver and no such waiver shalt prevent the Council or Developer from enforcing any ofthe relevant terms or cQnditians or for acting upon any subsequent breach or default.

9 CHANGE IN OW3~ERSNtP

The Developer agrees with the Council to give the Council immediate writ#en notice of any changein ownership of any of its interests in the Site occurring before all the obligations under this Deedhave been discharged such notice to give details of the transferee's full name and registered o€fice(if a company or usual address if no#) together with the area of the Site or unit of occupationpurchased by refierence to a plan.

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i

~°~„

~5.. 10 ~l~TIC~~ ~.~~.

The Developer agrees with the Council to give written notice to the Director at leas# 14 (fourteen)days prior to Comrnencemen# of Qevelopment.

, f't \~ INDEXATION

The Education Contribu#ion, the Traffic iUlanagement Order Amendment Contribution and thePublic ~1rt Sum shall be increased by an atnaunt equivalent #o the increase in fhe Index from thedate of this Decd until the date on which such sum is payable.

':, 12 ~' l~TE}2ES1'~t~

If any payment due under this Deed is paid late, Interest ~viN be payable from the date payment isdue to the date of payment.

~ 93 ~ VALUE ADDED 'PAC

µ _All considera#ion given in accordance wifh fhe terms of this deed steal! be exclusive of any valueadded tax property payable.~_~,.,,,14 JURfSDIC'ftON

~~i This Deed is governed by and interpreted in accordance wifh the (aw of England and Wales.

a 15 ~ ~ELlVERY~~~~.~~

The provisions of this Deed (other than this clause which shall be of immediate effect) shall be ofn4 effect untf~ #h+s Deed has been dated.

46 ~~ t71SPUT~ RESOLU71C3N

Save as otherwise herein expressly provided any dispute or differences arising between theparties as to their respective rights duties or obligations and to any other maEter or things in anyway arising out of or in connection with the subject matter of #his Deed shall be referred far thedetermination of an independent expert to be agreed upon by the parties or failing agreement by aperson nominated by #ha PresidenE or the Vice President (or in ei#her case the nominated deputy)for the time being of the Law Society /Chartered Insti#ute of Housing and the decision of the saidexpert shall be final and binding on the parties and the said expert's fees and expenses shall bepayable as the expert directs.

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AR€~END1X ~1

List of Traders and corresponding ra#eabfe values of existing stalls

10

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' ~. ~

'i

~,UARDS CQRNER MARKET TRADERSi ~.~ringey Coun dl~~.iU Oecem6er 200A

i

~Ilices Jill Oakley b20

iN1T51 -2 AZUKtTA i - Mr Augustin 1,350Hermosa

c:n~1T 3 EL CAFETAL SERVICES - Ms Vicky 1,975Alvarez Martnez

t WI7S d, 5, & b EL PARADOR RgJO Ltd 6,300

uM7S 7-8. _ CITY NEUJS—Mr ~1 Mohsen 3,600Khanjary"

:NIT 9 GOG MONEY TRANSFER L[d 2,250

i ;nitT to flia financial Services 2,500

~ +t~~i X512, 12, & 60 D1 FIZ 7E>(TILES — Mr Raymond 1,950Taiwn

~ iFJ~'.5 23, 14, 19 & 10 MERCA EXPRESS LATINO — llrk 2,b25Luis Fernando Esquerra & MrRafael Antonio Arango

:~'ru' tS, PETRO DESIGNER TAILORING - 65ah9r Mark Samuels

~,niif 16, MONT CARMEL CHRISTIAN 800K 430SHOP — Mr Buis lurado

+ ~+~u f 17, CROWLINE PROPERTY G50SOLUTIgNS—its PamelaConstant, Mr Henry Okunbolade

~.ra i a 8, SOLp FRt1iTS STgRAGE — Mr 62DDuvan Villa

+ ~^+ ~S Zl — 22 Ms libiaVictoria Alvarez Martinez 1,125& Mr Lau 5akumaran

~~.~f 23 IEWELLERYREPAIRSERVICE—Mr WDPauf Ashman

^nr z4 S7 THERESA -Ms Theresaerenah 610

E,ii t:> CL07HESCLINtC—MsluzAdriana ~l[5Rojas Avilor

'U JOSEPH TEXTILE — Mr Carlos 4I5Andres Sabogai Ghermac

cf '~~ ~', 27-28 10SEPN TEi(7(!E — My Yosef 36QI Yomtohian

E

2 y240

2,760

2 3,956

Z 13,6CD

2 7,200

2 4.50

Z 5,040

1 3,900

2 5, 256

2 1,3Ui1

2 R60

2 S,d00

2 1, 2<10

a z,zso

s s,zoa

2 1,27.0

2 250

t 830

z i.~zo

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i

UNfTS L9-32 GROUNDING WMP LTO ~ dam _ 4,000

UNI7S32 JOANi'SPARTIES—MrGlovanni 4tU Z 300Games

' UNlT53334 ESCAPELA71iJFA5HI0N—Mrlvan ?,~75 2 2,250Hoyos Lopez

~ UNI75 35-36 Grounding WMP Ltd 1,350 2 2,70Q

UNITS 37-38 57YLOSNAIRBEAUTY—MsLibia ?,425 2 2,850Victoria Alvarez Martinez

UNIT 39 SOLItITORCON5UL71N6—Mr b50 2 2,306Herman Gutierriezi

UNI74a SOI.OFRUTAS—~r7sMonicaVilla 4~5 Z 85fli

Fernandes

4 UNIT 42_.

._.MANUE!'SPELtJgUERIA—M5 675 2 1,356Btanca Lihia Fernandez

11NlT42 MrFrandscoAndresAlvarez 7f]0 2 1,40Qi Londono

uNli43 LUCHgPACHA(VGA—MrLuis 62S 2 1,250Jurado

UNIT 4q S&CTEXTILES - MrSee[tandan 625 2 1,250Baker, Mr Emmanual Baker

UNlT 45 TG Worldwide lyd BOD 2 1,600

t UNf75 4b • 47 MENSAYA/!A FONDA 1l1ANCN0 — I,30Q 2 2,6QC1Mr franc~sco Andres Alvarez~~tondono

tJtvl75 48-53 MANi1ELS HAlfl &BEAUTY— Ms 2,425 2 4,850Marta Cecilia Hinestroca Oe LaOssa & Mr Raui Mancera

UNI752 MANUEL'SHAIR&BEAUTY—Mr 640 2 1,280Juan Oaniei & Mr Manuel Tiberio

~'Pelaez Grizates

ItN1T 53 MANUEL'S CARINtCERlA — Mr 53~ 2 I,Q60Diege Que6rada

11NI754 TREK DE LAS AREPAS— Mr Luts 925 Z $50lurado

c1Ni755 EIVAGONOELAMUSICA—Mr 925 2 850i Car~osAndres5a6ogat Ghermac

UNIT 56 CREACIONES ALISON - Mr 530 2 1,060Ra6inson Martinez

i ~Nii 57 EXCEL BEAUTY SALON — Mr SP 365 2 73dNyerende

c+Nl758 EXCEL BEAUTY SALON—MrT 475 2 85QWilliams

i intt t 59 NU9)AN LAIR STU010 — Mr Abiolo 425 2 gypBunmi Olojo - f3.17

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IaPP~NDI?t 2

Draft Heads of Terms for Marke# Lease and New P4t11arke# area Plan

11

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A d"ti C1Na lJ~ 9 ~v: ~~ ~~o ~~.Yt ~~,6 \~'i~ J4 ~4 G{al~

I Landlord- ~ the developer. or its s~ccesso~~ it tine-- -------- ---- ___..--

t enant~ T . 7~~he N3artcet Operator. ------- - --_ _ _. -- -- - -- --i

'!~h-~s~-aa~~*~, ~ ! -~"hca I~le~~u IV1arkP~ .Area chc~fn~~t ~nr ir~Pn±ific~ti~~ ~~,r{~~SPr nr~~;~ ~.~ ~ f3~-~tctieu car; I:he pfa~~, ~~omprisinc~ ~.iniis ;' f3 ir, the ,~m~.~rid flt~car c}f `l-~~~proposed DeveEopmer?t, with an intended area of 9,434 square feet ;~ or thereabouts.

Term: ~ A minimum of 10 years. j_

Ren#: ~The aggregate of Curren# open market rent far individual units 2-6assuming an open Al (with ancillary A3) use and a ten year term - otherwise subject to the usual assumptions and disregards.

Fit out The unit is #o be provided to shell condition, shop front anci fitting outat the expense of the market operator

Rent free Arent free period equivalent to normal market terms' at the timing ofperiod the agreement

Rent The Rent will be reviewed on a similar basis in an ~3pw~r~ls c~r~lyReview: direction every fifth year of the term to the higher of passing rei~I ,~i ~rlopen market rent., ff the revised rent cannot be agreed tl~c~ i~~,~~tr,~will be re€erred to an independent chartered surveyor witrt ~icif;~!~I~experience far determination. The surveyor shall acf ~s <~r~ E~x~~~~r~unless the parties agree otherwise and if the parties canna! ~~yrcc; c~~ithe appointment of the surveyor the surveyor shall be appointed fey 'the President for the time being of RICS on the application of eiihcrparty

Service There will be a contribution {based on relative square footages}Charge: towards the service charge for the Development and the buildingswithin tine Development on the same basis as applies to othercommercial units within the Developrtment. Service charge willinctude provisions for on-account payrr~ents on a quarterly basis,recovery of management fees, a reasonable sinkinglreserve fund andfull recovery of a!f repair, maintenance and management costs.

insurance: The Landlord wilE insure against normal and available insured risksand the Tenant will pay a proportion {based an relative squarefootages) of the cast of effecting such insurance including regular'i revaluations. The Landlord will covenant to lay ou# the proceedsFollowing damage by an insured risk in reinstaEing the Premises.Following damage by insured risk the Rent will be suspended until Mthe Premises have been reinstated. ff the Premises have not beenreinstated within four years following the date of damage - or ,

t destruction by insured risks then eifher the Landlord or the Tenantmay terminate the lease. Additionally, the Landlord may terminatefollowing damage or destruction of the Premises where the Landlord,for food commercial or es#ate management_reasons,_does not want

050 741 9fi78982

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~ to reii estate the Premises.t ~

Tenant's ~'ayment of Rent to be paid on the usual quarter days or {in thej Covenants: ~ and outgoings: case of outgoings on demand} without~ (~ J

deduction or sat off.

Mteres# on f in respect of payments mare than five days la#e;arrears: interest rate #a be 4% over Royal Bank of

Scotland pic base rate.

~e airs:p An effective! full re airin ~bli atiQn on theY P ~ 9Tenant, excluding damage by insured riskssave where policy moneys are withheld as aresult of the Tenants act or d~fauft. Structuraland external works will be undertaken by the

` _. landlord and recovered by way of tote servicecharge and then the tenant will be responsiblefor internal repairs and wor~Cs to shopfronts.

User: i.imited to #ha# of an indoor market witf~in ClassAl use (with ancillary A3}

j servicing Deliveries wiH not be permitted' between 8pmand lam each day

Trading The unit wi!! not trade for more than six hourson a Sunday

Alienation: The Tenant may:

not assign part;d assign the whole, with Landlord's consent

not unreasonably to be wi#hheld, subjectto provision o~ an authorised guaranteeagreement and (where reasonablyrequired by the Landlord} addi#iona!guarantees and/ar security, As aprecondition to assignment, the Tenantwill offer to surrender the lease to theLandlord and the l.anc{lord wil! have aperiod of 30 working days within which toelect whether or not to accept suchsurrender. !t the Landlord elects not toaccept such surrender, the assignmentrnay, subject to satisfying the variousconditions in the lease ancf ~.andlard'sconsent, proceed within a perir~d of 6j months fallowing the Landlord declining'; the offer of surrender;

• not under Iet, either in whole or part, buti may grant licences to marke# traders in a

form approved by the landlord subject tono securi# of #enure arisin .

0502741 9678982

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f

f t

t

4t

, {, ,

i

1

j

s

f Altera#ions: :The Tenan# wi(I be entitled to make internal, ,~ • non-structure! alterations ~wi#h Landlord's 'j ~ consent, not unreasonably to be withheld but~ ~ ~ may not make any structural or external• ~ ~ alterations. The erection, alteration or removal~ ~ of interne! demountable partitiflning may be', carried out withou# Landlord's consent. f1 '~~~ i4eirastatement: At the end of the Term the Tenant wi(I removeall alterations, fixtures and fittings and hand the i~ 'Premises back as cleared open floor spaceothervJise in accordance with the covenants inf ~ the (ease.

r !S#atu#ory ~ The Tenant will comply with a!( statutorycompliance: ~ obligations relating to the Premises and theirUS£;~,

if

lr~demnity: The Tenant will give an indemnity in respect ofi breach of Tenanf's covenants.

Usage The lease will cpntain covenants and restrictions binding on theCovenants; Tenant to ensure that:

• the market is operated in a reasonable and comrr~terdatmanner and in compliance with then current best practice;• proper ventilation is in place and. properly operated in' respect of any market uses generating fumes, smoke orsrnelfs, including the preparation of hot food; r• all !it#er generated within or outside the market area to be ~cleared up on a daily basis (and more frequently whererequired by the Landlord} by and a# the cost of the Tenant;~ a no noise or disturbance or nuisance to be caused toadjoining retail uni#s or the residential units forming part ofthe Development;• proper controls to be in place to ensure that na illegalactivities, consumption of illegal or iliicif substances;• no storage of inflammable or dangerous or illegalmaterials.

Landlord's Quiet enjoymen#: ~ the usual landlord's covenant for quietf Covenants: ~ enjoyment_

Services: an obligation an the Landlord to use reasonableendeavours to provide the building servicessubject to the Service Charge but the Landlordshop not be liable to perform services if it is~ ~ preven~ea rrom going so as a result of causes ;bejrand its control.

~ {forfeiture:

I

050274 ~ 987898.2

the usual provision for forfeiture on non-~ payment of Ren#, breach of covenant or an .r ,....._~ ........... ....._...i ..__.,__._~ ... _..i,..:_.,. ._ ~~_

3

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Tenant or any guarantor.

Security o€ fn order to preserve the precondition to Alienation relating to ~Tenure: surrender, the lease will be contracted flut of the Landlord and ~.Tenant Act 1954.

'-~.- .

05x2741 987898.2

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=~. ----~._

1 7m~y

"~ ---t~:82 m

~ --~

-~.

-~~ bYLk1 k33ND!$si5 L- - ~~

/ ~'^

15. 5 m

~ - _ - -

.~ 5i3.8 r

~~

t

~~~~ Nevo Market Area - ~eea cross-hatched being units 2.6 of zhe proposed ground t~,K~~ s.

floor, comprising circa 9,A34 sq it. r ~,~;,,, •onn3ecme

cy-~e ~ ..nbve`S4nmW .

.~~ 's+n ixXu' ~x ~

SVsrds G_irw. 5sven Q!stsr. 7e:lcN~~n 11KD 1~!uJ Ctlti7D8

i"4:•°Ya+rrxs~'hel/,rsa -blwss p4-II54 ~Sl<DI.4~`3 t~.2 w-----

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r+. ~..

Phan showing the '!2 (twelve} Suffield Road Units referred to in paragraphs 5 and B of the ~'hlydSchedule

n

12

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F1RST SCFiEDUL~

~ Plan 1: The extent of the Site edged black

Plan 2: A list of the interests in the Site held by the Developer and/or the Guarantor which are bound byPhis Deed

13

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r N r +,~ ~ ~ or QS flL ~ r TC8 ! i I ~ l k} ~$'

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Nfght and aryleW to pros+eutlon or tlwl proceealnps L8 Hartnpay 100017X3 20Q9h.

lte plan

bards corner bite, ~3igh Road, ~i'f 5

GFY COUNCIL ~ ~,~`~ °orfr'a"Assistant D(rac#or

~~~C~~r,~ t,e ~~Planning Paflcy & Dsvelapment639 Hfgh Roatf

:M _r~a nlnndon N17 88D

~~ ~v~ronmentTe! CI20 8489 0000Faac 020 &489 532

n~+a,, Ms

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((~j;'(}~ Oats 04!11!2408

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~chsd~ale ofi d~ropertle~ a~ YV~rds corner

Reference to 'Northumberland and Durham' is to Northumberland and DurhamProperty Trus# ~i►nited.

Reference to'G~ainger' is to Grainger Seven Sis#ers Limited.

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4 Su~eid Road F MX294011 Grain er~ Suffield Road F MX388231 Grain e~90 Suffield Road F MX233499 Narthumberland andDurhamGround floor flat 18 L AGL126069 Northumberla~ac! andSuffield Road Durf~amFirst floor €iat 18 L NG~.482616 Northumberland andSuffield Road Durham22 Su~etd Road ~ MX238709 Northumberland andDurham24 Su~eid Raad ~ MX388228 Grain erGround floor flat 24 L NG~432126 Northumberland andSuffield Raaci DurhamFirst floor flat 24 L NGL436899 Northumberland andSuffield Road Durham.:~~-Suffieid Road F ~ViX238747 Northumberland andDurham32 and 34 Suffield F NGL318617 GraingerRoad anc! access

road1 West Green Road ~ MX~41836 Grain er709 Seven Sisters F MX237033 Northumberland andRoad Durham715, 721 and 723 V~ NGL233384 Grainger5even~ Sisters Road,251-2,~3 {odd) HighRoad,` 1a 8~ ib WestGreen Road,Broadway Worksand access road

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VUAF2DS CORNER -SITE ASSEiv1~LY PLAN -DECEMBER 2008

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Draft decision notices: tha Conservation Area Consent and the Planning Permission

14

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Metropolis Planning and Design LLP On behalf of30 Underwood Street Grainger {Seven Sisters} LtdLondon c/o AgentN1 7JQ

Planning Application Re#erence No. HGYI2008I0303

TOWN AND GOLJNT~iY PLANiVING ACT 1990TUtNN AND COUNTRY l~LA~lNiiVG GENEl~AL D~VELOPMEN~' tJRDER Y995 (A~ AME~iDED}

~lOT10E OF PlANNING PEF1MiSSItJN

Location: Wards Corner Site, Higfa Road X115

Proposal: Demt~Iition of existing buildings and erection of mixed use development comprising ClassC3 residential and Class Al/A2IA3/A4 with access parking and associa#ed landscaping and publicrealm improvements.

In pursuance of their powers under the above Act, the Landon Borough of Haringey as Local PlanningAuthority hereby PERMiT the above developmen# in accordance with the application dated 05!02/2QQ8 and~, drawing numbers: P t00) 00, P (QO) 01 C, P (00} 02, P {00) 03, P {00) 04, P (OD} 05, P (d0) 06, P (00) 07A, P(QO) 0$A, ~ toa) os, P (Qb} 10, P {00} 20, P (00) 21, P {00} 1008, P (00} 1 D ~A, P {00) 1 Q2A, P {QQ) 103A, P (00)110A, P (00) 111A.

Design and Access Sta#ement: Wards Corner Seven Sisters Qesign and Access Statement andaccompanying statements Pollard Thames Edwards Architects January 2008.

SEE SCHEDULE OF CONDITIONS

Pouf SmifhHead of Development Contrr~l SouthPlanning Policy and Deuelopment

NOTE: 1. Atten#ian is particularly drawn to the schedule AP1 attached to the notice which setsou# the rights of Applicants who are aggrieved by the decisions of the Luca! PlanningAuthority.

2. This decision does not purport to convey any approval or consent which may berequired under the $wilding Regulations 1991, any byelaws or any enactment otherPhan the Town and Country Planning Act 199Q.

Director of Urban Environment Niall Bolger

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HGY/2008/0303

The fallowing conditions have been applied to this consent and these conditions must becomplied with:

1. The development hereby authorised must be begun not later than the expiration of 5 years from the dateof this permission, failing which the permission shall be of no effiect.Reason: This c+~ndition is imposed by virtue of the praVisions of the Flanning &Compulsory Purchase Act2004 and to prevent the accumulation of unimplemented panning permissions.

2. The development hereby authorised shall be carried out in complete accordance with the plans andspecifications submitted to, and approved in writing by the Local Planning Authority.Reason: In order to ensure the developmen# is carried out in accordance with the approved details and inthe interests of amenity.

3. Notwithstanding the description of ttze materials in the application, no development of the relevant partshall be commenced until precise details of the materials to be used in connection wi#h the developmenthereby permitted have been submi#ted to, approved in writing by and implemented in accordance wi#h therequirerrtents of the Local Planning Authority.Reason: In order to retain control aver the external a}~pearance of the development in the interest at thevisual amenity of the area

4. Samples of al! materials to be used for the external surfaces of the development shall be submitted to,and approved in wri#ing by, the Local Planning Authority before any of the relevant part of the deveioptnentis commenced. Samples should include sample panels or brick 4ypes and a roofing material samplecombined with a schedule of the exact product references.Reason: in order for the Loca! Planning Authority to ratain control over the exact materials to be used forthe proposed development and #o assess the suitabifi#y of the samples submitted in the interests of visualamenity.

5. The construction works of the development heraby granted shall not be carried out before 08QQ or after1800 hours Monday to Friday or before 0800 or after 12Q0 hours on Saturday and not at aU on Sundays arBank Holidays.Reason: In ortter #o ensure #ktat the proposal does not prejudice the enjoyment of neighbouring occupiers of#heir properties.

6. That a detailed scheme for the provision of refuse, waste storage and recycling within the site shall besubmit#ed to and approved in wri#ing by the Local Planning Authority prior to the commencement of theworks. Such a scheme as approved shall be implemented and permanently retained thereaf#er to thesatisfaction of the Local Planning Authority.Reason: In order to protect the amenities of the locality.

7. In Qrder to ensure that the shops are accessible to people with disabilities and people pushing doublebuggies, the commercial and communal doors must have a minimum wlc4th of 9QQmm, and a maximumthreshold of 25mm.Reason: !n order to ensure that the shop unit is accessible to ail those people wtto can be expected to useit in accordance with Policy RiM 2,1 Access For A!1' of the Haringey Unitary Development Plan.

Director of Urban Environment Niall Bolger

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8. Detailed plans of the design and external appearance of each individual shopfront to be installed,including details of the fascias, shall be submitted to and approved in wri#ing by the ~ocai PlanningAuthority before any shopfront is installed.Reason: In the interest of visual amenity at the area.

9. The development hereby authorised shall comply Lvith BS 8220 {1986) Part 'I, 'Security Of Ftesidentia~Buildings' and comply with the aims and objectives of thePolice requirement of 'Secured By Design' and 'Designing Out Crirne' principles.Reason: !n order to ensure that the proposed deveiaprrrent achieves the required crime prevention elementsas detailed by Circular 5194 'Planning Out Crime'.

10. That the accommodation far car'parking and/or loading and unloading facilities be specificallysub►nitted ta, approved in writing by and irnpfemented in accordance with the requiremants of the Loca9Piannin~ Au#harify before the.occupation ofi the btailding and commencement of the use; thataccommodation to be permanently retained for the accomrrtodation of vehicles of the occupiers, users of,or psrsans calling at the premises and stialf not be used for any other purposes,Reason: In order to ensure that the proposed development does not prejudice the free flow of traffic or theconditions of general safety along the neighbouring highway.

7 1. That details of and on side parking management plan steal! be submitted to and approved by the localplanning authority prior to the commencement of the use of the basement car park9ng area. Such agreedplan to be implemented and permanently maintained in operation to the satisfaction of the Loca! PlanningAuthority.Reason: In order to ensure that the proposed development does not prejudice the free flaw of traffic or theconditions of genera! safely along the neighbouring highway.

12. Notwithstanding the provisions of Article 4 (~} and Part 25 of Schedule 2 of the General PermittedC?evelopment Order 1995, no satellite antenna shall be erected or installed on any building herebyapproved. The proposed development shall have a central dish /anal system for receiving elf broadcas#sfor the residential units crea#ed: details of such a scheme shat! be submitted to and approved by the ~ocafPlanning Authority prior to the occupation of the property, and the approved scheme shall be implementedand permanently retained thereafter.Reason: to order to prevent the proliferation of satellite dishes on the development.i 3. Tha# details at a managemen# plan for the management and maintenance of the first floor gardens playspace and roof gardens shall be submitted to and approved by the Local Planning Authority prior to theoccupation of the residential units such agreed de#ails to be implemented and maintained thereafter to thesatisfaction of the ~.ocal Planning Authority. _Reason: In order #o ensure that a satisfac#ary standard of amenity space and play facilities is maintainedfor the future occupiers of the proposed development.

14.. That details of a site specific Environrnenta! Management Plan as referred to in the Air QualifyAssessment shall be submitted to and approved by the Local Planning Authority prior to thecommencement of the works. Such agreed plan shall be implemented to the satisfaction of the Lacaiplanning Authority during the period of construction.Reason: In order to ensure that the effects of the construction upon air qualify is m{nimised.i5. That all the residential units with the proposed development with the exception of those referred todirectly in the Design and Access S#atement as not being able to be compliant shall be designed to LifetimeHomes Standard.Reason: To ensure the# the proposed development meets the Councils Standards in relation to theprovision of Lifetime Nomes.

Director of Urban Environment Niat! Bolger

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16. That at feast 20 flats within the proposed development shall be wheelchair accessible or easilyaclaptab(e for wheelchair use.Reason: To ensure that the proposed developmen# meets tha Cauncii's Standards for the provision ofwheelchair accessible dwellings.

17. That details of the specification of the glazing fa be used in connection with the proposed developmentin relation to reducing r~oiss levels within the residential units shall be submitted #o and approved by theLaca! Planning Authari#y prior to the commencement of the relevant part of the works. Such agreedspecification to be implemented and maintained to the satisfaction of the ~.ocal Planning Authority.Reason: In order to protect the amenities of occupiers of the residential units

18. That the service road ventilation plant noise emiss(ons shall be in accordance with the limiting sound .pressure level referred to in the Noise and Vibration Assessment.Reason: In order to protec# the amenity of the occupiers of the proposed development,

19. That the proposed cfeveloprnent shall provide service covered storage fior 197 cycle racks for theresidential uni#s and 38 cycle racks for the commercial units, a total of 235 cycle racks to be provided.Reason: in order to promote a sustainable mode of iravei and improve conditions for cycfisfs at #his(ocatfon.

20. Tha# the commercial uses shall nat be opera#iona! before 0700 or after 010 hours on any day.Reason: In order to pro#ect the ameni#y of adjoining residential occupiers,

21, i~hat the appiican# shall submit 2 travel plans, one for the residential one far the commercial use, thedetails of which shall be agreed in wri#ing by the Local Planning Authority prior fo the occupation of theproposed development. Such agreed details shaft be implemented and permanently maintained to thesatisfaction of the Loca( Planning Authority.Reason: In order to ensure sustainable travel and minimise the impact of the proposed development in theadjoining road network.

22. That details of the rou#eing of the associated construction traffic and networks of delivering of goods tothe retaillcommerciai uses of the proposed cEevelopment be submitted to and ap}~roved by the LacaiPlanning Au#hority prior to the commencement of the works. Such agreed details shall be implemented andwhere appropriate permanently maintained to the satisfaction of the local Planning AuthorityReason. In order to ensure that the proposed development does not disrupt the movement of vehicles andpedestrians doing the adjoining roads and footways.

23. Prior to the commencement of development, the applicant shall provide details fo be agreed in writingby the Local Planning Authority of measures to reduce CQ2 emissions from renewable energy technologiesby i d.5%.Reason: To be consistent with London Aian Policies 4A.1 and 4A.7 and tJDP Policy UD2 SustainableQesign anc! Construction.

24. Prior to the corr3mencement of development, the applicant shall provide fup details, to be agreed inwriting by the Local Planning Authority, of the biofuel boiler type, air qualify impact, fuel supply and carbonintensity.Reason: To be consistent with London Plan Policies 4A.1 and 4A.7 and U~P Policy UD2 SustainableDesign and Construction.

2S. The applicant shall implerttent no more than one energy cents and heat network, connecting al! usesand incorporating a CNP as the lead boiler sized to minimise carbon dioxide emissions and a biafue!-onlyboiler as the primary fop-up boiler.Reason: To be consistent with London Alan Policies ~}A.1 and 4A.7 and UDP Policy UD2 SustainableDesign and Construction.

Director of Urban Environment Niall 6olger

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26. The applicant shall implement energy efficiency measures for the residential uni#s to reduce CO2emissions by at least S% beyond the Target Emissions Rate in lute with the Fulcrum Consulting energystrategy dated 04!09/2408.Reason. To be consisten# with Landon Plan Policies 4A.1 ar~d 4A,7 and UDP Policy UD2 SustainableDesign and Construction.

27. Notwi#hstanding the information shown on the approved drawings the detailed design and materials ofthe following elements shat( fie submitted to and approved in writing by the Local Planning Authority prior tothe commencement of that part of the development:- Replacement bus stops- Altera#lons to Seven Sisters undargrounc! station entrances (above ground)

' -Footway alterations and improvements to High Road, West Green Raad, Suf#iefd Road and Seven SistersRoad and Seven Sisters Road.Reason: To ensure that the Rroposed development results in improvements to the safely and sa#e accessof pedestrians an the public highway and users of public #ransport.

28. Tha# i~ months from the practical corr~pletian of the de~eiapment, the applicant shall submit to theLocal Planning Authori#y a statement confirming the amount of biofuel used by the development in thepreceding year. Such a statement shalt be submittec! annually until the expiration of 5 years.Reason: To be cansis#ent with Landon Plan Policies 4A.1 and 4A,7 and UDP Policy UD2 SustainableQesign and Construction.

29. Energy models for the commercial units based on NCM compliant methods shall be submitted to theLocal Planning Au#hority and approved prior to commencement of works to those units.Reason: To be consistent with London Plan Policies 4A.~ and 4A.7 and t1~P Policy UD2 5ustainabfeDesign and Construe#ion.

30. The construction of the fau! and surtece drainage system shaEf be carried out in accordance wi#h detailssubmitted #o and approved in writing by the Local Planning Authority before the development commences.Reason: To prevent pollution of the water environment.

3~! . Before the development is commenced a detailed site investigation shall be carried out to establish ifthe site is contaminated, to assess the degree and nature of the contamination present, and to determineits potential for the pollution of the water env(ronment. The method and extent of this site investigation shallbe agreed with the Local Planning Authority prior to the commencement of the work. Details of appropriatemeasures to prevent pollution of groundwater and surface water, including provisions for monitoring, shallthen be submitted to and approved in writing by the Local Planning Authority before developmentcommences. The development shall then proceed in strict accordance with the measures approved.Reason: To prevent poNution of the water environment.

32. The construction of storage facilities for oils, fuels or chemicals shall be carries! out in accordance withde#ails submitted to and approved in writing by the Local Planning Authority before development iscommenced.Reason: To preven# po!!u#ion o€ the wa#er environment.

33. The applican#should submit a scheme for approval by the Local Planning Authority de#ailing wateref#iciency measures along with rainwater harvesting and greywater reuse. Where measures are no# beingused reasons should be provided.Reason: There is a high demand for limited water resources in #his area; therefore we need to manage waterwisely to rrteet the needs of society and the environment.

Director of Urban Environment Nial! Bolger

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34. Prior to fhe commencement of the development the applicant should supply details of how theypropose to meet the maximum water use target of 105 litres of water per day Target for residentialdevelopment set out in London Pfan policy 4A.16. 6 months after the occupation of the development theapplicant should supply details of water use within the residential development over that period.Reason: to pro#ect and conserve water supplies and water resources in order to secure London's needs ina sustainable manner and to comply with London Plan policy 4A.i6.

36. Before the development hereby permitted commences at the site a detailed construction strafegy shallbe submitted to the Local Panning Authority for approval ire consultation with Landon UndergroundLimited. The construction s#rategy shall provide details of ail works within the vicinity of Seven SistersUnderground Station.' Reason: In orderto safeguard the station asse#s and in order to comply with London Plan policy 3C.4.

36. Tfiafdetails of the designr.construction, installation and programme of works to provide canopies overstation entrances shall be submitted to and approved by the Local Planning Authority prior to thecommencement of this part of the works. Such scheme as agreed shall be implemented to the satisfactionof the Local Planning Authority.Reason: In order to safeguard the station assets and in order to comply with London Plan policy 3G4.

37. That de#ails of the design and position of any kiosks shall be submitted to and approved by the LocalPlanning Authority prior to the commencement of this part of the works. Such scheme as agread shall beimplemented to the satisfaction of the Local Planning Authority.Reason: fn order to safeguard the station assets and in order to comply with Condon Pfan policy 3C.4.

1NF~RMATIVE: No residents within the pra~osed developments, with the exception of up to 12 of theproposed houses on Suffield Road will be enti#led to apply for a residents parking permit under the terms ofthe relevant Traffic Management Order {TMO) controlling on-street parking in the vicini#y of thedevelopment." The applicant must contribute a sum of £1 nOQ {One Thousand pounds} towards theamendment of the TMO for this purpose.

INFORMATIVE: The new developrE-ient will require naminglnumbering. Tire appllcani should contact theTransports#ion Group a# least six weeks before the development is occupied {tel. 020 8489 5 73) to arrangefor the allocation at a suitable address.

INFORMATIVE: in accordance with Section 34 of the Environmental Protection Act and the Quty of, Care,any wasfe generated from constructionlexcavatian on site is to be sfored in a safe and secure manner inorder io prevent its escape or its handling by unauthorised persons. Waste must be removed by aregistered carrier and disposed of at an appropriate waste management licensed facility fallowing the wastetransfer or consignment no#e system, whichever is appropriates.

INFORMATIVE: The carbon intensity of the biofuef should be confirmed against the Gavernmen#`sRenewable Transport Fuel Obligation carbon and sustainability methodology for biofuels.

INFORMATIVE: In accordance with Section 34 of the Environmental Protection Act and the Duty of, Care,any waste generated from construction /excavation on site is to be stored in a safe and secure manner inorder to prevent its escape or its handling nu unauthorised persons. Waste must be removed by aregistered carrier and disposed of at an appropriate waste management licensed facility following the wastetransferor consignment note system, whichever is appropriate.

Director of Urban Environment Nialf Solger

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iN~QRMATIVE: LU can confirm that the stairwells and passageway underneath the A10 are within theboundaries of LU property. It the developer wishes to modernise these facilities through the powers ofsection 278 of the Highways Act, LU will support this work. However, such work must Eye undertaken inaccordance with LU and their prescribed s#andards far station assets. Furthermore, the apprapria#e rise#engineers will need to be consulted to guarantee that following the works, they wil! rrEaintain these areas.

REASDiVS FOR APPROVAL

~"he proposal is considered to comply with Government policy particularly PAS 6 (Planning far TownCentres) the adopted UDP and the Condon Plan which together form fhe development plan.

The application relates to th~site specific proposal number 2i of 5checiule 7 of the Unitary Developmentplan which refers to the Planning Brie# adopted in January 20Q4 for a proposed comprehensive mixed usedevelopment of Wards Corner ancf Apsx Hausa. Paragraph 4.9 of the UDP on page 76 (and table 4.1}makes clear that the housing elements in the adopted planning brief of the combined sites with anindicative number of dweilirtgs of 250 dwellings were considered as part of the 2004 Housing CapacityStudy which informed the UDP and the ~.ondon Plan. The application site is within the core town centre ofSeven Sisters identified in Policy AC3 Tottenham High Road Regeneration Corr{dor' as the focus for newin#ensive development to catalyse prime regeneration of the Tottenham Nigh Road Regeneration Corridor,the site is also within the boundaries of the Bridge New Deal for Cgmm~nitiss defined area and highlightedin Policy AC4 The Brigde -New Deal far Communities' of the UDP as an important de~elopmen# site. Thepolicy seeks to improve the quality of life for resEdents and to change the area so that it becomes a betterplace to five.

the Mayor's Office ofi the Greater London Authority by letter dated 3 December 2 08 acting pursuant to theTown anci Country Planning (Mayor of Landon) Order 2000 referred to the repor# PDU/1973/Q2 supportedthe principle of development and in paragraph 39 of the report records the endorsement of the LDA foremployment initiatives in the Section 106 Agreement Heads at Terms to meet London Plan Policies 381"Developing London's Economy" and 3811 "improving employment opportunities tar Londoners".

The propose! entails the demolition of same buildings in the Page Green Conservation Area. UDC PolicyCSV 7 'demolition in Conservation Areas' supports the retention of these buildings which form a minority ofthe site. None of the buildings are listed. The community and economic benefits of the proposal areconsidered to outweigh the benefi# of retention of these buildings and proposals in the scheme for artworks an the facade and public art mitigate the loss of the buildings.

Pau! SmithHead of Development +Control Southi'lannmg Policy and Development

Director of Urban Environment Niatl Bolger

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l~tetrapolis Planning And Design LLP On behalf of30 Underwood Street Grainger {Seven Sisters} LtdLondon clo AgentN1 7JQ

Planning Application Reference No. ~--1GYI2D08/0322

7~1N~i AND COUNTRY PLANNING ACT 1990PLANNING (LISTED BUlLDlNG ARi[7 GONSERIJATIO~! ARFAS} ACT 1990

~lOTICE OF CONSERVATION AREA CONSENT

Location: Wards Comer Site, High RoadlV'15

Proposal: Conservation Area Consent far demolition of existing buildings and erec#inn of mixed usedevelopment comprising C}ass C3 residential and Class A1lA2/A31A4 with access parking andassociated landscaping and public realm irrrprovements.

Jn pursuance Qf their powers under the above Acts, !-iaringey Council as Local Planning Authority hereby~NANTS CONSEIV7' for the above development in accordance with the application received on0 8/0212 0 08 and drawing numbers: P {00) 00, P (00) 4~G, P {00) 02, P {04) 03, P {QQ) Q4, P (00) 05, P (00) U6,P (00} 07A, P (OQ) 08A, P (OQ} 09, P (OQ) 10, P t00) 20, F' (00) 21, P {OQ) iQOB, P (QO) 101A, P {04) 102A, P {00)103A, P (00) 1 i OA, P {00} 111A.

Design and Access Statement: Wards Corner Seven Sisters Design and Access Statement andaccompanying statements Pollard Thames Edwards Architects January 2 08.

Conservation Rrea Audit and Statement Addendum Report 2008

Farmer Wards Corner Store - 227 -229 7"ottenham High Road - appraisal of options for retention orradevetopment

Public Artwork Outline Brief Dated 20ti~ June 2008.

SEE SCHEDULE OF CONDITIONS ATfACF~IEQ

Paul SmithHead ofi Development Controf SouthPlanning Policy and Development

NOTES: 1. Attention is particularly drawn to the schedule AP'i a#tached to this notice, which setsout the rights of applicants who are aggrieved by the decisions of the Local PlanningAuthority.

2. This decision does naf purport to convey any approve) or consent which may berequired under the Building Regulatiflns 1991, any Byelaws or any enactment other thanthe Town and Gauntry Piannfng Act 1990.

Director of Urban Environment Niail Bolger

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SCHEDULE OF C~NDiT10NS FOR DEClSIOtU REFERENCE Na. HGY/2Q08/0322

The following condition has been applied to this consent and this condition rrtust be complied u+ith:

1. The demolition hereby permitted shall nofi be undertaken before a confract for the carrying out of theworks of redevelopment of the site has been granted for the redeveloprrter~t for which the contract provides.Reason: !n order to safeguard the special architectural or historic interes# of the building.

REASONS FOR APPROVAL _.

The proposed development of the sita for a mixed use development comprising refail shops andrestaurants and residential accommodation with servicing parking and amenity space has been assessedagainst and found on balance to comply with a{i tha relevant Governmental, National, Reglonai, SubRegional and Local Planning Policies which wi#hEn considered constraints support the regeneration of theWards Corner site.

The proposal entails the demolition of some buildings in the Page green Conservation Area. fJD~ PolleyCSV 7 "Demolition in Conservation Areas" supports the retention ofi these buildings which form a minori#yof the site. None of the buildings are listed. The community and economic benefifs of fhe proposalincluding the scheme for art works an the facade and public art are considered to outweigh the benefit ofretention ~f these buildings and mitigate their lass .

Pouf SmithHead of Development Con#col SouthPlanning Policy and Qevelopment

Director of l)rban Environment Niail Bolger

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`iHiRD SCHEDULE

The ~evelaper's Covenants with fhe Council

The Developer covenar~ts Zvi#h the Council as follows:

Obligation riot to ~nmmence or Occupy (as the case may be}

e~ 1. No# to:

{i) Commence Developrrten# {~P) until the part afi the Site on which the Development is to becarried out is under the Deveiaper's control and (2) unless the obligations in paragraphs7, 14{i}, 18, 29 and 25 of this l"hird Schedule have been complied wi#h; and

(ii} Occupy or cause or alEow to be Occupied any of the Development unless the obligationsin paragraphs 2 and 19 of this Third Schedule have bean complied wi#h;

education Contribution ~~

sy~ 2, " To pay the Education Contribution to the Council in its capacity as local education authority prior to{occupation.

Traders' Financial Assis#once Sum~~`~~3. j iJot less #hart 6 (six) months prior to the Closure Date specified in the Closure Notice to deposit with~~~

the Council the Traders' Financial Assistance Sum.

Cansidera#e Contrac#ors' Scheme

4. To use all reasonable endeavours to procure that the Considerate Contractor Scheme set ou# in the"~~ Sfxth Schedule shalt be compiled with in respect of the C}evelopmeni and to undertake the

Development in accordance wikh the said Considerate Contractors' Scheme.

Residents' Parking Permit Restriction.,.,~,

'$ 5 ~' To ensure that the transfer of an interest in the Site (whether by freehold disposal ar grant of a~...~'lease) provides that occupiers and residents of the Development, successors in title to theDeveloper or those holding rights in succession to those of the Developer will not be eligible to andcovenant not to make an application to the Council for a Residents' Parking Permit and theDeveloper agrees #hat this restriction will apply in perpetuity for ar so long as the Car-freeDevelopment designation in the Traffic Management Order inures provided that the Suffield RaadUnits shall be exempt from the restriction set out in this paragraph 5~~~~,

6.,~ Prior #o the Occupation of any i~well~ng comprised in the Development any residen# shall be'""f ~ informed by the Developer #hat residents shall not be entitled to apply for a Residers#s' Parking

Permit and every tenancy licence tease or #ransfer to any resident seal! contain an obligation for theresiders# to comply with and raise no abjection to the provisions of paragraph 5 of this Scheduleprovided that the Developer need not in€arm the residents of the said Su€field Road Units pursuantto this paragraph 6.

Traffic Management t?rder Amendment

7.~ Ya pay to the Council the Tratfic Management Order Amendment Contribution prior to the'~u,~'Commencement of Qevelopment

Closure of the Market

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$. ~1ot less than 6 {six) months before Commencement of Qeveloprr~ent to serve a Closure Notice anthe Traders and to notify the Council of the Closure Da#e.

Market Lease

9. To use reasonable endeavours to enter into the Market Lease {or a binding and un~onditianalagreement fior fhe same) with a Market Operator provided that:

(i} if the tNarke# Conditions are not satisfied by the date which is 'I2 (twelve) months beforePractical Compistiors of the Deue{opment there is no requirement to enter info fhe Market Leaseand/~r provide fhe New Markef Area; and

(ii) if fhe Marke# Lease (or an agreement for the same} has not been entered into with a Markedoperator by Ehe date which is 6 (six) months before Practical Cample#ion of the Devalopmenfthere is no requiremen# to enter into the Market Lease and/or provide the New Market Area.

Public Art

3' 1b. Subjecf to the Qeve~oper securing any stopping up order that may be required, nQ later than"W Practical Comple#ion of the Development to provide the Public Art to the satisfaction of the Council.

~llarketing arts! Letting 5trafegy of Dwellings-

11 To develop and promote a marketing strategy for the Dwellings which targets owner occupiers~'p"'~ including an initial marketing drive aimed at focal residents, whilst not precluding simultaneous or

subsequent marketing to other market sectors

12. To develop and prornofe a letting strategy in respect of the Dwellings which is consistent with the-- regeneration objectives of Ehe area set out in the Council's Unitary Development Plan with the

intention that:

(i) the initial occupiers are those who have na recourse to public funds other than by virtueof a universal entitle~rtent; and

(ii) the volume and naEure of safes to investment vehicles does not, of i#self, undermine theregeneration objectives of the area

1Vlarke#ing and Let4ing Strategy of the Retail Units numbered 1419 West Green Road

4~ 7 3.r,=To:~~

(i) develop and use reasonable endeavours to promote a marketing and letting strategy inrespect of the rata# units currently identified as units 14-19 West Green Road which isconsistent with the promotion of Wes# Green Road as a district centre focussed aroundindependent trading and which shall provide far rents in line with rents of other localunits of similar size, location and nature of trading;

(ii) seek and obtain prior approve! from the Council to fhe frrst letting of any ref the unitsreferred #o in paragraph 13 (i) above provided that the Council's approval shall not beunreasonably withheld and delayed and if that approval is not forthcoming within 10{ten) Working Days :of a request for such apprflvaf being made by the Developer then{unless noti#ication to the con#rary has been given in that 70 (ten) day period) suchapproval shall be deemed to have been given and further provided that if a letting isproposed to be made to a #radar who at the time the letting is proposed is alreadytrading in the Borough of Haringey the Council's prior approval shall not be required;

(iii) seek and Obtain the prior approval of the Council fa #ha amalgamation of any of the unitsreferred io in this paragraph 13 to farm a larger unit provided that if any such approval isnot received within 10 (ten} Working Days of a request for such approval being made by

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the Developer then (unless notification to the contrary has been given in that ten (1~)day period) such approval sF~ail be deemed to have been given; and

(iv) provide the units re€erred to in Ehis paragraph 13 in accordance with the ground floorplans submitted with the Application unless otherwise agreed with the Council.

Administration and iVlortitoring 8asrr~

14. 7o pay the Administra#ian and Monitoring Sum to the Council as foilow~s:

{i} 54% (fifty percent} on Commencement of Development; ar~d

(ii) the remaining 5d% (fif#y percent) 12 (twelve} months after Commencement ofDeve~opmen#

Management Strategy

16. o later than 12 (twelve} months following Cnmtriencement of Development to submit to the Councilfur agreemen# a draft Management Strategy in relation to the ongoing management of:

{i) the CCTV system to be ins#alted as par# of the Development;

{ii) the Open Space fo be provided as dart of the Development; and

(iii) the cflmmon areas of the resideniiaf element of the Development

and tar the avoidance of doubt the draft Management Strategy submitted to the Council shaA set outdetails of the service charge tha# the Developer proposes to (evy to occupiers of the Developmentprovided that no service charge shall be levied in relation to the on-going management at any works tobe undertaken on land within the ownership or control of TfL.

16. To implement the said Management Strategy once agreed pursuan# to paragraph 15 above for theduration of Occupation of the Site pursuant to the Planning Permission.

Construction Web Network

17. Ta use reasonable endeavours to cooperate with the CounciPs Economic Regeneration group, theConstruction Web Network and any Work Placement Coordinator to meet the following requirementsof the Construction Web Target Recruitment and Training Ini#iative:

{i} to procure that not less than 20% (twenty percent) of the onsi#e workforce (excludingmanagers and supervisors) employed during the construction of the Development tocomprise of local residents, being residents ~f the London Borough of Haringey bu#where not practicable, residents of the North London Sub-Region (Camden, Barnet,Enfield, Islington, Westminster) but in the event that achieving that percentage provesimpracticable for reasons notified in writing to the Council then another percentageapproved by the Council as acceptable, such approval not to be unreasonably withheldor delayed;

(ii} to procure that half of the onsite workforce comprising of local resider#s employed inaccordance with the preceding paragraph are trainees but in the avant that achievingthis figure proves impracticable for reasons ratified in writing #o the Council thenanother percentage approved by the Council as acesptable, such approval not to beunreasonably withheld or delayed;

(ii+) where possible to give opportunities to local suppliers and businesses to tender far suchworks as maybe appropriate for them to undertake;

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Div) to provide the Council and the Construction Web Network and the Wark PlacementCoordinator with any such information as is reasonably required to ensure compliancewish these requirements.

Pubtic Realml278 Agreements

18 To use reasonable endeavours to enter into an agreement or agreements pursuant to sec#ion 278 ofm ~~ the 1980 Act in relation to bath the carrying aut ~f (1) improverr3ents to the footways on Wes# Green

Road and SufFielcf Road and {2} the public realm works proposed as part of the Developmen# to theenfrance of the seven Sisters Underground Station referred to in condition 27 of the draft PlanningPermission annexed to this Deed at the Second Schedule prior to Commencement of Development(or in any other time frame which may be agreed with the Council).

i'ravel Plans

}19~To submit two (2) travel plays (one (1) for the residential element of the Qeveiopment and one (1)for the commercial element of the Development) to the Council for agreement in wri#ing prior toOccupation of the residential element or the commercial element of the Development (as the casemay be) and for the avoidance of doubt the travel plan submit#ed in relation to the residenfiafelement of the development shall include details of an agreement with a car club operator far theprovision of car club facilities on the Site to be provided as part of the Development.

{20~To implement the travel plans agreed pursuant to paragraph 19 above ancf to maintain the same{subject to any variations as may 6e agreed by the Council from time ko time) for the lime the Site isOccupied pursuant to tF~e Planning Permission.

COz

~~21~ Prior to Commencement of Development to submit to the CounciE for agreemen# in writing defails ofmeasures the# will be adapted by the Developer to reduce GOZ emissions from renewable energytechnologies by ten point five per cent {10.5°/a) and to construct fhe Development in accordance withthe details agreed pursuant to fhis paragraph 21.

Cade for Sustainable Homes

22~ To construct the DweNings to be constructed as part of fFse Development to at least bevel 3 ender~""'~ the Code for Sustainable Homes Standard.

Lifetime Momes StandardlWheelchair Access

~'o ensure the# ail residential units consfructsd as part of the Development, wifh the exception ofthose referred to in fhe design and assess statement submitted with the Application as not beingable to be compliant, are designed to Lifetime Homes Standard.

~~~24~~ To ensure that at feast twenty {20} Dwellings constructed as part ofi the Development shall b~~~~

wheelchair accessible or easily adaptable for wheelchair use.

+JVas#e Management and Recycling~'~ 5 $ To submit to the Council for approval in writing a de#ailed scheme far the provision of refuse, waste

storage and recycling within the Qevelopment prior to the Corrtmencement of the Development.

26 ~To implement and retain the scheme approved pursuant to paragraph 25 above whilst the Si#e isOccupied pursuant to the Planning Permission to the satisfaction of the Council.

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~ouRT~ sc~~ouR~

The Council's Covenants with the Developer

~~ Off-SitoAffordable Housing

1. The Council in ifs capacity as Housing Authority and owner of adjacent land and property (includingApex I-louse shown on Plan 1 and regis#eyed at HM Land Registry under title numbers IVGL316769and NGL437591} covenan#s to provide off-si#e af#ordabfe housing so as to meet the requirements ofthe CounciPs Supplementary Planning Guidance 10b

?'radar°s Release Sum

2. immediately on satisfaction of fhe Payment Conditions (or when otherwise directed by theDeveloper in writing following the Closure date), to pay the Release Sum to each Trader

C+onfirrr~ation of discharge

3. At the written request of the Developer the Council shall provide wri##en con#irmation of thedischarge of the obligations contained in this feed when satisfied that such obligations have been

' performed and place a note to that efFect on the l.oca! Land Charges Register.

Repayment

h. If any of the contributions paid ~y the Developer under the Third Schedule have nit been properlyexpended by the Council within 5 (five) years of the date of this Deed then the same shall forthwithbe repaid by the Council to the Developer with interest.

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Fi~'TH SCHEDULE

Council's anc4 Developer's recipracai covenants regarding the Marke#

' Op#ions for temporarily reiocafing Ehe Market

1. The Council and the Developer covenant wt#h eaci~ other to use aN reasansble endeavours tosolicit the active support of the London De~elopmen# Agency to carry aut the fiolfowing tasks inconformi#y with the Mayor of London's Economic Development S4rategy and expressed support forexisting market traders:

to facilitate or fund a specialist prafessionaf facilitator to engage with ttae Traders so asto fiind and provide temporary accomrnadation after the Closure Rafe;

(i) to liaise with fho~e existing Traders who are Spanish speaking to endeavour to promotetheir interests ia~ the temporary accommodation to be found and provided; and

{iii} to engage with and provide appropriate business support and advice to aii Traders withthe objective of securing the maximum number of relevant expressions of interest #oaccompany a Market Lease No#ice on a viable trading footing for the individual Tradersin each such expression of interest;

2. 7'he Council and ttte Developer covenant with each o#her to employ Urban Space Managementand Union Land or other similar organ+sations {at the appropriate #ime) #o assess the opportunitiesfor temporary relocation of the Market as a whole or within an existing marke# with any suchassistance as the London Development Agency may deem appropriate.

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~ix-ry sc~e~u~~

Considerate Contractor's Scheme

Consideration:

A I► work is to be carried ouf with positive consideration to the needs of traders and businesses, sitepersonae! and visitors, pedestrians, shoppers and general public. Special attention is to be givento fhe needs of those with sight, hearing and mobility difficulties

~nvia~anmen#:

Noise from cons#ruction operations and a!I o#her sources is to be kepfi to a minirnurrt at all tunes.Consideration should be ,given to the selection and use of resources, using local whereverpossible. Atten#'►an should be paid to waste management and the avoidance of pollution - recycEing

4 _ of surplus materials is encouraged.

Cleanliness:

The working site is to be kept clean and in good order at al! times. Temporary safety barriers, lightsand warning signs are to be maintained in a clean and safe condition. Surplus materials andrubbish shall not be allowed to accumula#e on the sife ar spif! over on to the surroundingenvironment. Dust from construction operations shall be kept t~ a minimum.

Neighbourliness:

General information regarding the scheme shall be provided for all neighbqurs afFecfed by khe' work. FuE! and regular communications with neighbours, inciudsng adjacent Traders andbusinesses, regarding programming and site activities shat! be maintained #'rom pre-start facompletion.

Respect:

Respectable and safe standards of dress shall be maintained at all firnes. Lewd or derogatorybehaviour and language should not be tolerated, under #hreat of severe disciplinary ac#ion. Pride inthe management and appearance of the sife and the surrounding environment is to be shown at al!times. Operatives shall be instructed in dealing with the general public.

Safety;

Construction operations and site vehicle movements are to be carried out with care andconsideration for the safe#y of the genera# public, traders, shoppers as wel! as site personnel. Nnbuilding activity shall be a security risk to others.

Responsibility:

A!I site personnel, specialist sub-contractors, drivers and any other persons working on the si#esteal! understand and implement the obligations of This Scheme, and will monitor their compliancewith it.

accountability:

Posters are #o be displayed around the site, giving names and telephone numbers of staff who canbe contacted in response #o issues raised by the general public, traders, shoppers and othersa€fected by the site operations.

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complaints:

Complaints received from any source will be retarded giving name, telephone number, the natureof the complaint together with the site concerned.

Nature of complaint headings:~ iUoise

abusive languages~ Road condo#lorss

DittlQust~ Other Safety~ Parking

Inconsiderate

The site manager will be informed of the na#ure of the cnmplainfi and wii! be advised of the nameand details of the complainant together with any suggested manner to deal with the complaint.The complainant will be contacted by the site manager after approxirrtately two days and asked ifthe complaint has been properly deal# with.

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fN W17NES5 whereof the parties hereto have executed this Deed on the day and year firsf before written.

TNT COMMON SEAL OFTHE MAYOR A~JD BURGESSES OF THE )LOi4DON BOROUGH OF HARINGEY )vvas a~fiixed by Order:

- , ~,--C~ J

__ - -->{~~ (-.

_-'~-Aufhoris~~~€~ic~r

EXECt1TED as a DEAD by GRAlNGER SEVEtV ~S1S7ERS ~iMITEDin the presence of: }

/~

r ~'Director: / i ~

---"'\

Director/Secretary: i'

EXECUTED as a DEED by N4RTHUMSERLANO )& DLIRNAM PROPERTY TRUST L1MfTED )in the presence of: ~

1

r~ ~

, •

~ i i_! i1. } ~r ~

.,

~,.

t / l

.! /'i ,

"IDirector 'f ; %.~i /

;

~,t ~ 1r(director/Secretary _ ~ ,.~~~

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