Decision details

Decision details

17/00593/FULM and 17/00594/LBC Former Gas Holder Site and Frogmore House, Lower High Street

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The committee received the report of the Head of Development Management, including the relevant planning history of the site and details of the responses to the application.

 

The Chair explained that as there were two applications covered in the report then a speaker had been allowed per application.

 

The Development Management Team Leader introduced the report.

 

17/00593/FULM - The application was for the redevelopment of the former gas works, involving the renovation and the use of Frogmore House for offices and associated external alterations, the construction of a food store with 92 car parking spaces, a residential building comprising 92 apartments with car parking and associated external alterations, landscaping and alterations to flood defences and riverbanks.

 

17/00594/LBC - Listed Building Consent for demolition of a single storey rear extension, internal and external alterations, refurbishment and restoration works to enable the conversion of Frogmore House into offices.

 

The Development Management Team Leader explained that the rear extension to Frogmore House was a later addition to the building.  Works on the house would seek to retain all the existing fabric within the building including timber staircases and panelling.  It would also include work to the boundary wall, removal of the concrete render to be replaced with lime render.  The windows would be replaced with timber sash windows and a disabled access ramp would be installed.  The developers had also agreed to make a payment of £15,000 to enable the council to appoint an independent consultant to act on the council’s behalf to agree and oversee the restoration works.

 

The Development Management Team Leader continued that there were a number of significant planning benefits including the refurbishment of Frogmore House which had been on the Historic England building at risk register for many years.  Improvements to the riverbank would reduce flood risk and enhance the river. The site would be decontaminated.  There would be provision of 92 new dwellings, a Lidl store and a commuted sum of £750,000 towards affordable housing.   There would also be a Community Infrastructure Levy charge of £1.85m towards new infrastructure.

 

With regards to the commuted payment towards affordable housing, the Development Management Team Leader explained that the council’s consultant had reviewed the viability and held a series of discussions with the developer.  The site was unusual and there were clear mitigating factors regarding the planning benefits, for example the restoration of Frogmore house, works to the river bank and decontamination of the site which would be significant costs.  There were also considerable risks involved as the site was unusual and had multiple environmental constraints which was an additional level of risk for the developer.  The contribution had been agreed on the basis that there were significant other costs and the development would deliver benefits which the council had sought to achieve for many years.  The figure equated to 7% provision of affordable homes but with other benefits which added to the package.

 

Attention was drawn to the update sheet which included clarifications.

 

The Chair invited Richard Searle, a local businessman to speak against the application.  Mr Searle explained he was the owner of Quality Lounge Suites which had been there for 30 years.  Mr Searle had two main concerns regarding traffic and flooding.  The road was already congested and the development would affect the new main route for ambulances.  There was no provision for traffic lights at the entrance/exit.  Mr Searle suggested that the Chalk Hill lights should always be green to improve traffic flow with a pedestrian crossing.  With regards to flooding, the Lower High Street had had two major floods which included properties being flooded.  If plans were passed then ambulances, residents and commuters would be worse off. 

 

The Development Management Team Leader responded that the application was subject to detailed a traffic assessment. The applicant had engaged with Hertfordshire Highways from pre-application stage and they had accepted the conclusions.  During peak traffic time it was accepted that anyone going to the Lidl store would likely already be on the traffic network which was already congested at this time.  With regards to access to the hospital there would be improvements carried out to the Dalton Way junction as part of the Health Campus planning permission.  The transport assessment acknowledged that the road and junctions operated at close to and above maximum capacity. 

 

Addressing the flooding concerns the Development Management Team Leader explained that at pre application stage a meeting had been held with the Environment Agency flood risk team.  The proposed flood risk work would satisfy both the council and the Environment Agency and would reduce the risk of flooding. 

 

The Chair invited Suzannah Fleming, Chair of the Temple Trust to speak against the application.  Ms Fleming explained that since 2009 the Trust had endeavoured to secure restoration of Frogmore House.  In 2010 the Trust had successfully identified and rescued the missing front door case which was a principle feature and held this component for safe keeping.  There were various other elements missing from the house and garden.  Ms Fleming expressed strong objections to the demolition of the kitchen extension as parts of this dated from the early 19th century and included a ladder and hatch which gave access to the roof during World War Two.  There were concerns   whether the council had adequate resources to engage a conservation advisor and the authority must be prepared to review and enforce the planning conditions. 

 

The Chair invited Sean Ellis to speak for the application.  Mr Ellis, the Chairman of St William, explained it was a joint venture between the Berkeley Group and National Grid.  Over the past two years they had worked with the council, consultees and public to develop a high quality scheme.  It was a technical and challenging site as Frogmore House had fallen into disrepair, there were extensive works required to the flood defence wall and further remediation work was required to make the site suitable for redevelopment.  The development would provide Frogmore House with a new lease of life following engagement with Historic England, the council, Temple Trust and Herts Garden Trust.  There had been public exhibitions held where the majority of comments were in support of the development.  The combined elements of the development represented significant investment and 40 new jobs through Lidl as well as construction jobs and training. 

 

The Chair invited Central Ward Councillor Steve Bolton to speak to the committee.  Councillor Bolton commented that the development of the whole site would be a benefit.  However, he had some concerns and was proposing a deferral rather than rejection of the development.  Councillor Bolton noted the report from Hertfordshire Highways which stated that the junctions were operating close to capacity but that the development would have minimal impact.  There would be funds for the monitoring of a travel plan but it was unclear what that would be for, there was also mention of a yellow box but not how that might help.  The deliveries to store would be between 7am-11pm, however, if lorries arrived at peak times this would increase traffic problems further.  Hertfordshire Highways had suggested a servicing and delivery plan prior to commencement of the development and it would be helpful if ward councillors could see this when it was available.  Councillor Bolton felt that the design of the flats was plain and did not do justice to the site with a grade II* listed building.  With regards to affordable housing, it had been explained that the site was unique and challenging but was 7% appropriate or should it be revisited?  A deferral would allow time for further information to be provided.

 

The Head of Development Management responded that a restriction to control the movement of vehicles on the highway was not something that could be done by a planning condition as it could not be monitored or enforced.  A condition could prevent vehicles entering the site at certain times but this could cause problems on the highway, for example, if a lorry arrived early and then had to wait outside. 

 

The Development Management Team leader explained that the box junction was suggested as part of the transport assessment and the modification would be an improvement on the existing junction.  The box junction should prevent traffic queuing across the junction at peak times which would allow vehicles to exit the site. It would also be subject to safety audits from the Hertfordshire Highways team. 

 

The Chair invited comments from the committee.

 

The committee welcomed the application and the combination of uses.  The works to Frogmore House were positively received along with the opportunity to bring it back into use and protect it for the future.  The flood prevention measures were also welcomed.  The design of the flats was discussed and whilst some members of the committee were not in favour of the design, others considered that their plain design provided an appropriate background to Frogmore House.  Concerns were expressed about traffic congestion, air pollution and the demolition of the Frogmore House extension.

 

In response to concerns, the Development Management Team Leader explained that Historic England had been consulted regarding the restoration of Frogmore House, whilst the extension was several hundred years old it was a later addition.  With regards to air quality, an Air Quality Management Area (AQMA) was designated where air quality exceeded national levels for residential property.  The residential block of the proposed development was away from the Lower High Street and not affected by air quality issues. AQMAs applied more to those houses which were right against the highway.

 

The Chair moved the officer’s recommendations for both applications.

 

RESOLVED –

 

17/00593/FULM - That, pursuant to a planning obligation under s.106 of the Town and Country Planning Act 1990 having been completed to secure the following Heads of Terms, planning permission be granted subject to the conditions listed below:

 

            Section 106 Heads of Terms

 

i)          To secure a financial payment to the Council of £750,000 towards the provision of affordable housing in the Borough of Watford;

 

iii)        To secure a financial payment to Hertfordshire County Council of £6,000 for the long term monitoring of the proposed Travel Plan for the site;

 

iii)        To secure a financial payment to Hertfordshire County Council of £10,000 for the improvement of the bus stop on Lower High Street adjoining the        site;

 

iv)        To secure a financial payment to Hertfordshire County Council of £15,000 for the improvement of the public footpath on Lower High Street adjoining the site;

 

v)         To secure a financial payment to the Council of £15,000 for the appointment           of a conservation consultant to undertake regular site visits during the works to Frogmore House on behalf of the Council;

 

vi)        To secure the completion of the works to Frogmore House by a specified time in relation to the completion of the residential building.

 

Conditions

 

1.         The development to which this permission relates shall be begun within a period of 3 years commencing on the date of this permission.

           

2.         No development shall commence on the site until a condition survey of the flood defence wall has been submitted to and approved in writing by the Local Planning Authority. Should the approved survey report determine that repairs to the flood defence wall are required, these must be carried out in accordance with the approved survey report. No building within the approved development shall be occupied until the repair works have been completed in full.

 

3.         No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority. This strategy will include the following components:

 

i)          A preliminary risk assessment which has identified:

          all previous uses;

          potential contaminants associated with those uses;

          a conceptual model of the site indicating sources, pathways and receptors; and;

          potentially unacceptable risks arising from contamination at the site.

ii)         A site investigation scheme, based on (i) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

iii)        The results of the site investigation and the detailed risk assessment referred to in (ii) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

iv)        A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (iii) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.

 

4.         Prior to any part of the permitted development being brought into use a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

           

5.         The development hereby permitted shall not commence until a monitoring and maintenance plan with respect to groundwater contamination, including a timetable of monitoring and submission of reports has been submitted to and approved in writing by the Local Planning Authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the groundwater monitoring, shall be submitted to and approved in writing by the Local Planning Authority.

           

6.         If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall be implemented as approved.

           

7.         Piling using penetrative methods shall not be carried out other than with the written consent of the local planning authority. The development shall be carried out in accordance with the approved details.

           

8.         A scheme for managing any borehole installed for the investigation of soils, groundwater or geotechnical purposes shall be submitted to and approved in writing by the local planning authority. The scheme shall provide details of how redundant boreholes are to be decommissioned and how any boreholes that need to be retained, post-development, for monitoring purposes will be secured, protected and inspected. The scheme as approved shall be implemented prior to each phase of development being brought into use.

           

9.         No drainage systems for the infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approved details.

           

Conditions relating only to the foodstore (blue hatched land on drawing no. SK_133 D01)

 

10.       The foodstore hereby permitted shall be carried out in accordance with the following approved drawings:-

           

            5644-BR-V01-XX-DR-A-010110, 010111, 010112, 020110

           

11.       No development works shall commence on the foodstore until a construction environmental management plan has been submitted to and approved by the Local Planning Authority. The plan shall include measures recommended within the submitted Air Quality Assessment dated May 2017 by WSP Parsons Brinckerhoff and measures to mitigate the impacts of noise and vibration on the properties adjoining the site.

 

12.       No development works shall commence on the foodstore until the tree protection measures detailed on the Tree Protection Plan by Ian Keen Limited (drg. no. 8971-KC-XX-YTREE-TPP02RevA) have been installed in full. These measures shall be retained at all times during development works, unless otherwise agreed in writing by the Local Planning Authority.

 

13.       No development shall commence on the foodstore until an archaeological written scheme of investigation has been submitted to and approved by the Local Planning Authority in writing.  The scheme shall include an assessment of archaeological significance and research questions; and

 

1.         The programme and methodology of site investigation and recording;

2.         The programme and methodology of site investigation and recording as suggested by the archaeological evaluation;

3.         The programme for post investigation assessment;

4.         Provision to be made for analysis of the site investigation and recording;

5.         Provision to be made for publication and dissemination of the analysis and records of the site investigation;

6.         Provision to be made for archive deposition of the analysis and records of the site investigation;

7.         Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.

 

The development shall only be carried out in accordance with the programme of archaeological works set out in the approved Written Scheme of Investigation.

 

14.       The development of the foodstore shall be carried out in accordance with Flood Risk Assessment prepared by Aecom dated 27 April 2017 and the following mitigation measures as detailed within the surface water drainage strategy for the northern part of the site:

 

          The scheme must provide sufficient source control and storage to accommodate the 1:30 year rainfall event in conjunction with the 1:30 year modelled river levels for all the storm water remains within the system without flooding.

          The piped network and SuDS system should provide as a minimum 450 m³ of storage.

          The runoff from the site will be restricted by flow controlled devices at 7.3 l/s for the northern outfall.

          Adequate management treatment train is to be provided by a combination of below and above ground SuDS to ensure water quality as shown on the drawings 40-02 P4 Preliminary Residential Surface Water Drainage Strategy and 3071-S110A Proposed SW Drainage GA (1)

          Emergency flood plan and any required mitigation measures will be implemented to ensure the safety of the future site users.

 

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

15.       No development works shall commence on the foodstore shall take place until a final detailed drainage strategy has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include full detailed engineering drawings of the design of all the proposed SuDS measures, in line with the latest edition of the SuDS Manual by CIRIA.

 

The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

16.       No development works shall commence on the foodstore until a detailed scheme for the provision of mains water services to serve the development, including, where necessary, fire hydrants, has been submitted to and approved in writing by the Local Planning Authority. No occupation of the development shall take place until the approved mains water scheme has been provided in full.

 

17.       Upon completion of the drainage works in the northern part of the site, an updated management and maintenance strategy for the all the SuDS features and structures must be submitted and shall include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

18.       No external facing materials shall be installed on the foodstore until full details and samples of all the materials to be used for the external surfaces of the building have been submitted to and approved in writing by the Local Planning Authority.

           

19.       No part of the foodstore shall be occupied until a detailed hard landscaping scheme for the northern part of the site, including details of the site boundary treatments and external lighting, has been submitted to and approved in writing by the Local Planning Authority, and the works have been carried out in accordance with the approved details. The detailed scheme shall be based upon the Landscape Statement dated April 2017 by LDA Design.

 

20.       No part of the foodstore shall be occupied until a detailed soft landscaping scheme for the northern part of the site and a landscape management and maintenance plan, has been submitted to and approved in writing by the Local Planning Authority. The detailed scheme shall be based upon the Landscape Statement dated April 2017 by LDA Design. The approved soft landscaping scheme shall be carried out not later than the first available planting and seeding season after completion of development. Any trees or plants whether new or existing which within a period of five years die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, or in accordance with details approved by the Local Planning Authority.

           

21.       No part of the foodstore shall be occupied until the modified access junction on Lower High Street and the internal access road serving the food store, as shown in principle on the approved drawings, have been completed in full.

 

22.       No part of the foodstore shall be occupied until the following facilities have been provided for the use of employees and customers, in accordance with the approved drawings:

 

            i)          cycle parking for customers for at least 12 cycles;

            ii)         secure, covered cycle parking for employees for at least 8 cycles;

            iii)        92 car parking spaces.

 

These facilities shall be retained at all times for the use of customers and staff.

                       

23.       No part of the foodstore shall be occupied until a detailed Travel Plan for the use, based upon the Hertfordshire County Council document 'Hertfordshire Green Travel Plan Guidance’, has been submitted to and approved in writing by the Local Planning. The approved plan shall be implemented as approved at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

24.       All plant and equipment associated with the foodstore shall only be sited within the designated plant enclosure shown on the approved drawings. No plant or equipment shall be installed outside the approved plant enclosure unless details have been submitted to and approved in writing by the Local Planning Authority. Details to be submitted for approval shall include siting, size, appearance and technical specifications relating to noise.

 

25.       No part of the foodstore shall be occupied until a noise impact assessment has been carried out, in accordance with BS4142, of the proposed plant and equipment within the plant enclosure, and any recommended mitigation measures have been installed in full. The purpose of the noise impact assessment is to demonstrate that the operation of the proposed plant at full capacity, with any mitigation measures as appropriate, will not adversely impact on the residential occupiers at Frogmore Cottages and the approved residential building within the development.

 

26.       The foodstore hereby approved shall only be used for purposes within Class A1 of the Town and Country Planning (Use Classes) Order 1987 (as amended) and for no other purpose. The use shall not be open to the public before 07.00 hours or after 23.00 hours on any day.

 

27.       No deliveries or collections relating to the foodstore hereby approved shall take place before 07.00 hours or after 23.00 hours on any day.

 

Conditions relating only to the residential building (pink land on drawing no. SK_133 D01)

 

28.       The residential building hereby permitted shall be carried out in accordance with the following approved drawings:-

           

            S_01 P1

            MP_01 P1, 02 P1, 03 P1, 04 P1, 05 P1

            BA_00 P1, 01 P1, 02 P1, 03 P1, 04 P1, 05 P1, 06 P1

            BE_00 P1, 01 P1

            BX_00 P1

           

29.       No development works shall commence on the residential building until a construction environmental management plan has been submitted to and approved by the Local Planning Authority. The plan shall include measures recommended within the submitted Air Quality Assessment dated May 2017 by WSP Parsons Brinckerhoff and measures to mitigate the impacts of noise and vibration on the properties adjoining the site.

 

30.       No development shall commence on the residential building until an archaeological written scheme of investigation has been submitted to and approved by the Local Planning Authority in writing.  The scheme shall include an assessment of archaeological significance and research questions; and

 

1.         The programme and methodology of site investigation and recording;

2.         The programme and methodology of site investigation and recording as suggested by the archaeological evaluation;

3.         The programme for post investigation assessment;

4.         Provision to be made for analysis of the site investigation and recording;

5.         Provision to be made for publication and dissemination of the analysis and records of the site investigation;

6.         Provision to be made for archive deposition of the analysis and records of the site investigation;

7.         Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.

 

The development shall only be carried out in accordance with the programme of archaeological works set out in the approved Written Scheme of Investigation.

 

31.       The development of the residential building shall be carried out in accordance with Flood Risk Assessment prepared by Aecom dated 27 April 2017 and the following mitigation measures as detailed within the surface water drainage strategy for the southern part of the site:

 

          The scheme must provide sufficient source control and storage to accommodate the 1:30 year rainfall event in conjunction with the 1:30 year modelled river levels for all the storm water remains within the system without flooding.

          The piped network and SuDS system should provide as a minimum 305 m³ of storage.

          The runoff from the site will be restricted by flow controlled devices at 6.1 l/s for the northern outfall.

          Adequate management treatment train is to be provided by a combination of below and above ground SuDS to ensure water quality as shown on the drawings 40-02 P4 Preliminary Residential Surface Water Drainage Strategy and 3071-S110A Proposed SW Drainage GA (1)

          Emergency flood plan and any required mitigation measures will be implemented to ensure the safety of the future site users.

 

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

32.       No development of the residential building shall take place until a final detailed drainage strategy has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include full detailed engineering drawings of the design of all the proposed SuDS measures, in line with the latest edition of the SuDS Manual by CIRIA.

 

The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

33.       Upon completion of the drainage works in the southern part of the site, an updated management and maintenance strategy for the all the SuDS features and structures must be submitted and shall include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

34.       No development works shall commence on the residential building until a detailed scheme for the provision of mains water services to serve the development, including, where necessary, fire hydrants, has been submitted to and approved in writing by the Local Planning Authority. No occupation of the development shall take place until the approved mains water scheme has been provided in full.

 

35.       The development of the residential building shall be carried out in accordance with the approved flood risk assessment (FRA) (Former Gas Works dated April 2017 by Aecom) and the compensatory flood storage measures detailed within the FRA. The mitigation measures shall be fully implemented prior to occupation of the residential building and subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

           

36.       No external facing materials shall be installed on the residential building until full details and samples of all the materials to be used for the external surfaces of the building have been submitted to and approved in writing by the Local Planning Authority.

           

37.       No external facing materials shall be installed on the residential building until a noise mitigation scheme for all the proposed residential dwellings, based upon the recommendations of the Noise Assessment Report by Cole Jarman dated 12th May 2017 (Ref. 17/0238/R1), has been submitted to and approved by the Local Planning Authority. The scheme shall include the details and specifications of the sound reduction performance of all glazed and non-glazed elements of the building facades. No dwelling shall be occupied until the approved mitigation measures have been installed in full, unless otherwise agreed in writing by the Local Planning Authority.

 

38.       No external facing materials shall be installed on the residential building until the specification of a mechanical air supply/extract system for each of the residential dwellings, based upon the recommendations of the Noise Assessment Report by Cole Jarman dated 12th May 2017 (Ref. 17/0238/R1), has been submitted to and approved in writing by the Local Planning Authority. The system must be capable of providing background and rapid ventilation for cooling with the windows of the dwellings being closed. The system must not compromise the sound insulation of the façades. Details of the siting of any air intake, extraction units, and other mechanical equipment serving this system that are likely to give rise to noise should be submitted, along with details of noise attenuation measures to be incorporated to ensure these units do not give rise to a noise nuisance.  No dwelling shall be occupied until the approved mitigation measures have been installed in full, unless otherwise agreed in writing by the Local Planning Authority.

 

39.       No part of the residential building shall be occupied until a detailed hard landscaping scheme for the southern part of the site, including details of the site boundary treatments and external lighting, has been submitted to and approved in writing by the Local Planning Authority, and the works have been carried out in accordance with the approved details. The detailed scheme shall be based upon the Landscape Statement dated April 2017 by LDA Design and shall include the western bank of the River Colne.

           

40.       No part of the residential building shall be occupied until a detailed soft landscaping scheme for the southern part of the site and a landscape management and maintenance plan, has been submitted to and approved in writing by the Local Planning Authority. The detailed scheme shall be based upon the Landscape Statement dated April 2017 by LDA Design and shall include the western bank of the River Colne. The approved soft landscaping scheme shall be carried out not later than the first available planting and seeding season after completion of development. Any trees or plants whether new or existing which within a period of five years die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, or in accordance with details approved by the Local Planning Authority. 

                       

41.       No part of the residential building shall be occupied until the modified access junction on Lower High Street and the internal access road serving the residential building, as shown in principle on the approved drawings, have been completed in full.

 

42.       No part of the residential building shall be occupied until the western bank of the River Colne adjoining the southern part of the site (between the National Grid bridge and the Lower High Street road bridge) has been re-profiled in accordance with detailed drawings submitted to and approved in writing by the Local Planning Authority.

 

43.       No part of the residential building shall be occupied until the following facilities have been provided for the use of residents, in accordance with the approved drawings:

 

            i)          the secure cycle store for at least 92 cycles;

            ii)         the bin store for waste and recycling bins;

            iii)        88 car parking spaces.

 

These facilities shall be retained at all times for the use of the residential occupiers of the dwellings.

 

44.       No part of the residential building shall be occupied until a detailed Travel Plan for the use, based upon the Hertfordshire County Council document 'Hertfordshire Green Travel Plan Guidance’, has been submitted to and approved in writing by the Local Planning. The approved plan shall be implemented as approved at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

45.       No part of the residential building shall be occupied until details of a communal terrestrial television aerial(s) and satellite dish(es) have been submitted to and approved in writing by the Local Planning Authority.

           

46.       For the avoidance of doubt, no communications development permitted by Class B or Class C of Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 shall be undertaken on the building.

 

Conditions relating only to Frogmore House (green hatched land on drawing no. SK_133 D01)

 

47.       The development of Frogmore House hereby permitted shall be carried out in accordance with the following approved drawings:-

           

W106.002, 004, 005, 105 Rev.01, 205 Rev.01, 305 Rev.01 W106.100, 200, 300, 101, 201 Rev.01, 301 Rev.01, 401, 102, 202 Rev.01, 302 Rev.01, 402, 103 Rev.01, 203 Rev.01, 303 Rev.01, 403, 104, 204, 304

           

48.       No development works shall commence on Frogmore House or within its curtilage until the tree protection measures detailed on the Tree Protection Plan by Ian Keen Limited (drg. no. 8971-KC-XX-YTREE-TPP02RevA) have been installed in full. These measures shall be retained at all times during development works, unless otherwise agreed in writing by the Local Planning Authority.

 

49.       No development works shall commence on the Frogmore House until a detailed scheme for the provision of mains water services to serve the development, including, where necessary, fire hydrants, has been submitted to and approved in writing by the Local Planning Authority. No occupation of the development shall take place until the approved mains water scheme has been provided in full.

 

50.       No development works shall commence on Frogmore House until a historic building record of the building in its current condition has been submitted to and approved in writing by the Local Planning Authority.

 

51.       No part of Frogmore House shall be occupied until a detailed hard and soft landscaping scheme for the garden area and land within the curtilage of the building, and a landscape management and maintenance plan, have been submitted to and approved in writing by the Local Planning Authority. The detailed scheme shall be based upon the Landscape Statement dated April 2017 by LDA Design. The approved landscaping scheme (hard and soft measures) shall be carried out not later than the first available planting and seeding season after completion of development. Any trees or plants whether new or existing which within a period of five years die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, or in accordance with details approved by the Local Planning Authority.

           

52.       No part of Frogmore House shall be occupied until the modified access junction on Lower High Street and the internal access road serving the car park to Frogmore House, as shown in principle on the approved drawings, have been completed in full.

 

53.       No part of Frogmore House shall be occupied until details of the following facilities have been submitted to and approved in writing by the Local Planning Authority and provided in full:

 

            i)          a secure and weatherproof cycle store for at least 5 cycles;

            ii)         bin store for waste and recycling bins;

           

These facilities shall be retained at all times for the use of the occupiers of and visitors to Frogmore House.

 

54.       No part of Frogmore House shall be occupied until the 5 car parking spaces and turning area have been provided in accordance with the approved drawings. These facilities shall be retained at all times for the use of the occupiers of and visitors to Frogmore House.

 

55.       Frogmore House shall only be used as offices within Class B1(a) of the Town and Country Planning (Use Classes) Order 1987 (as amended) and for no other purpose.

 

Informatives

 

1.         You are advised of the need to comply with the provisions of The Control of Pollution Act 1974, The Health & Safety at Work Act 1974, The Clean Air Act 1993 and The Environmental Protection Act 1990.

 

In order to minimise impact of noise, any works associated with the development which are audible at the site boundary should be restricted to the following hours:

 

            ·         Monday to Friday 8am to 6pm

            ·         Saturdays 8am to 1pm

            ·         Noisy work is prohibited on Sundays and bank holidays

 

Instructions should be given to ensure that vehicles and plant entering and leaving the site comply with the stated hours of work.

 

            Further details for both the applicant and those potentially affected by         construction noise can be found on the Council’s website at:

https://www.watford.gov.uk/info/20010/your_environment/188/neighbour_complaints_%E2%80%93_construction_noise.

 

2.         This development may be considered a chargeable development for the purposes of the Community Infrastructure Regulations 2010 (as amended). The charge is non-negotiable and is calculated at the time planning permission is granted. The charge is based on the net increase of gross internal floor area of the proposed development.

 

A person or party must assume liability to pay the levy using the assumption of liability form 1 which should be sent to the CIL Officer, Regeneration and Development, Watford Borough Council, Town Hall, Watford, WD17 3EX or via email (semeta.bloomfield@watford.gov.uk).

 

If nobody assumes liability to pay the levy this will default to the land owner.  A Liability Notice will be issued in due course. Failure to adhere to the Regulations and commencing work without notifying the Council could forfeit any rights you have to appeal or pay in instalments and may also incur fines/surcharges.

 

3.         This planning permission is accompanied by a unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 to secure financial payments to Watford Council and Hertfordshire County Council, the provision of fire hydrants to serve the development, and works to Frogmore House.

 

4.         All new developments granted planning permission and to be constructed require naming or numbering under the Public Health Act 1925. You must contact Watford Borough Council Street Naming and Numbering department as early as possible prior to commencement on streetnamenumber@watford.gov.uk or 01923 278458. A numbering notification will be issued by the council, following which Royal Mail will assign a postcode which will make up the official address. It is also the responsibility of the developer to inform Street Naming and Numbering when properties are ready for occupancy.

 

5.         In dealing with this application, Watford Borough Council has considered the proposal in a positive and proactive manner having regard to the policies of the development plan as well as paragraphs 186 and 187 of the National Planning Policy Framework and other material considerations, and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2010, as amended. The Council entered into extensive pre-application discussions with the applicant and completed a Planning Performance Agreement for the application.

 

6.         All works required to be undertaken on the highway network will require an Agreement with the Highway Authority. Before commencing the development the applicant shall contact HCC Highways Development Management, County Hall, Pegs Lane, Hertford, SG13 8DN to obtain their permission and requirements. This is to ensure any work undertaken in the highway is constructed in accordance with the Highway Authority's specification and by a contractor who is authorised to work in the public highway.

 

7.         Under the terms of the Environmental Permitting Regulations a Flood Risk Activity Permit is required from the Environment Agency for any proposed permanent or enabling works or structures, in, under, over or within 8 metres of the top of the Colne, designated a ‘main river’. Details of lower risk activities that may be Excluded or Exempt from the Permitting Regulations can be found at: https://www.gov.uk/guidance/flood-risk-activities-environmental-permits. Please contact us at PSO-Thames@environment-agency.gov.uk for further information.

 

17/00594/LBC - That, pursuant to a planning obligation under s.106 of the Town and Country Planning Act 1990 having been completed to secure the following Heads of Terms, listed building consent be granted subject to the conditions listed below:      

 

            Section 106 Heads of Terms

 

i)          To secure the completion of the works to Frogmore House by a specified time in relation to the completion of the residential building.

 

            Conditions

 

1.         The works to which this consent relates must be begun not later than the expiration of three years beginning with the date on which this consent is granted.

 

2.         The works hereby permitted shall be carried out in accordance with the following approved drawings and documents:

           

            W106.002, 004, 005, 105 Rev.01, 205 Rev.01, 305 Rev.01

W106.100, 200, 300, 101, 201 Rev.01, 301 Rev.01, 401, 102, 202 Rev.01, 302         Rev.01, 402, 103 Rev.01, 203 Rev.01, 303 Rev.01, 403, 104, 204, 304

            Scope of Works report (Bond Davidson)

Method Statement 1 (July 2017, job no. 145.12): Method statement for the repairs to the timber architectural features (Hutton + Rostron)

Method Statement 2 (July 2017, job no. 145.12): Method statement for the repairs to the timber panelling (Hutton + Rostron)

Method Statement 3 (July 2017, job no. 145.12): Method statement for repair of historic plasterwork (Hutton + Rostron)

Method Statement 4 (July 2017, job no. 145.12): Method statement for the repairs to the timber staircases (Hutton + Rostron)

            Photographic Survey and Repairs (August 2017) (Montague Evans)

Report on proposed structural works for renovation (May 2017, Issue 2, ref. 39906-022R) (Eastwood & Partners)

Scope of Works for Mechanical and Electrical Services (4th August 2017) (Judd Consulting (UK) Limited)

Replacement window details (3 unnumbered drawings, Mumford and Wood)

 

3.         Before any work commences on site, a site meeting shall be held between the Local Planning Authority (or their nominated representative) and the persons responsible for undertaking the works to ensure that the conditions attached to the Listed Building Consent are understood and can be complied with in full.

 

4.         Before the relevant work begins, details in respect of the following shall be approved in writing by the Local Planning Authority:

 

          Detailed drawings (scale 1:5) and sections (scale of 1:2) showing full details of the replacement windows including the relationship with the internal shutters and other features where relevant along with samples of the timber and the finish for the windows.

          Detailed drawings and sections showing full details of any replacement internal or external doors and a justification for their replacement.

          Details and samples of materials and finishes for new and restored sections of all timber features (including panelling, skirting, door and window architraves, picture rails, dado rails, cornices, doors, stair balusters ) in  the building.

          A method statement and details of materials for all repairs to and levelling of the internal floors along with samples of proposed finishes and coverings including a justification for the coverings where to be laid over the original floor boards.

          Method statement for the reinstatement of the salvaged doorcase to the western entrance.

          Detailed drawings and sections at 1:20 showing the new access ramp to the secondary entrance.

          Samples of all external materials and surface finishes to be used (including the proposed access ramp).

          Details and samples of materials to be used for new chimney pieces and boarding up of the existing fireplaces?

          Detailed drawings and material samples for the external boundary treatments; cycle and refuse stores and any other enclosures required to house external plant shall be submitted to and agreed in writing by the Local Planning Authority.

          Details showing the type, location and sample materials of all rainwater goods and vent pipes

           

All works shall only be carried out in accordance with the approved details.

 

5.         Notwithstanding the consent hereby granted, none of the interior features shall be disturbed or removed temporarily or permanently until a scheme identifying the items to be removed; arrangements for temporary secure storage; the person or body specialising in this procedure appointed by the applicant; and a timetable for their reinstatement has been submitted to and approved in writing by the Local Planning Authority. This should include the clear identification and justification of those sections of existing fabric to be replaced. The works shall only be carried out in accordance with the approved scheme.

           

6.         The following loose items shall be retained on site or stored under cover in a secure place until their reinstatement as part of the works hereby approved:

 

                     Timber features – including sections of coving

 

7.         No demolition of the single storey structure which forms a later addition to the north of the listed building shall be commenced until a method statement for the demolition, including details for making good exposed areas revealed following the demolition, has been submitted to and agreed in writing by the Local Planning Authority. The demolition works shall only be carried out in accordance with the approved method statement.

 

8.         No works to remove and replace the existing render shall commence until a method statement for the removal of the existing render and a specification for the new render to be used has been submitted to and approved in writing by the Local Planning Authority. This shall include details of the mortar mix, number of coats, the finish and backing material and relationship to existing finishes and openings. Sample panels shall be provided on site showing the proposed render mix and the surface texture and materials and methods approved. Approved sample panels shall be retained on site until the work is completed. The works shall only be carried out in accordance with the approved method statement.

 

9.         No works of repointing shall commence until a method statement detailing the method and extent of repointing has been submitted to and approved in writing by the Local Planning Authority and be carried out accordingly. The works shall only be carried out in accordance with the approved method statement. No other repointing of brickwork is authorised by this consent without prior approval of the details.

 

10.       No works shall commence until full details of all internal and external lighting has been submitted to and approved in writing by the Local Planning Authority.  Details should include design and dimensions, level of illumination, cable routes and method and location for fixing. The works shall only be carried out in accordance with the approved details.

 

11.       No works shall commence until full details of the position, type and method of installation of all new and relocated services and related fixtures (for the avoidance of doubt this includes communications and information technology servicing), wherever these installations are to be visible, or where ducts or other methods of concealment are proposed, has been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out only in accordance with the approved details.

 

Informatives

 

1.         In dealing with this application, Watford Borough Council has considered the proposal in a positive and proactive manner having regard to the policies of the development plan as well as paragraphs 186 and 187 of the National Planning Policy Framework and other material considerations, and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2010, as amended.

 

Waiving of Council Procedure Rule 8.0

 

During the previous debate the Chairman moved that Council Procedure Rule 8.0 be waived to allow the meeting to finish beyond 10.30 pm.

 

On being put to the meeting the motion was CARRIED.

 

Publication date: 08/12/2017

Date of decision: 29/11/2017

Decided at meeting: 29/11/2017 - Development Management Committee

Accompanying Documents:

 

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