Agenda item

Application to demolish existing Tile Depot and Harp Windows showroom buildings and redevelop to provide a new mixed use development providing eight residential units and one ground floor retail space of 251sqm.

The Committee received the report of the Major Cases Manager, including the relevant planning history of the site and details of responses to the application.

 

In his introduction to this item, the Major Cases Manager explained that the application involved the demolition of the existing commercial buildings and the erection of a new, three-storey building comprising a retail unit at ground floor and eight residential flats above.  Six car parking spaces were provided at ground floor level, with access from Aldenham Road.  The proposal has been amended since it was first submitted, following discussions with officers and the receipt of objections.

 

The Chair invited Mr Gary Hays, the Managing Director of Harp Windows, to speak in objection to the application.

 

Mr Hays advised that in 2002 he had taken a lease on 30 Aldenham Road, which was used as a business showroom.  This now generated approximately 80% of his business.  He expressed a range of objections to the proposed development:

 

1.      future parking provision.  Currently there was a flexible parking arrangement in place, whereby spaces were shared with neighbouring businesses.  There were existing parking pressures in the area, particularly from commuters using Bushey station.  The proposal would reduce the number of spaces available and present difficulties for deliveries to the retail outlets;

 

2.      flooding.  The car park was flooded regularly and this had impacted on the shops and adjoining properties.  The Council had a duty to alleviate this problem;

 

3.      light and privacy.  The new development would reduce the amount of light reaching the rear of the buildings and there were issues about overlooking in surrounding buildings;

 

4.      air quality.  There were concerns about air quality in this area and the siting of the residential development was considered unsuitable;

 

5.      design.  The appearance of the building was not in keeping with the surrounding area; and

 

6.      organisation of the flats, which looked cramped.

 

The Chair then invited Mr Peter Smith from Stephen Davy Peter Smith Architects, to speak to the Committee in support of the application.

 

Responding to the issues raised by Mr Hays, Mr Smith commented that the Committee needed to address material planning matters rather than the business concerns of the previous speaker. 

 

A number of changes had been made to the proposal following representations made to planning officers.  These included amendments to the number of flats, the design of the roof, air quality and privacy concerns.  He was unaware of any flooding issues in the area.

 

Mr Smith reminded the Committee that Watford suffered from an acute lack of housing.  This site was underdeveloped and could help to alleviate the problem.

 

The Chair thanked the speakers for their contributions and invited Councillor Taylor, Oxhey Ward Councillor, to speak.

 

Councillor Taylor drew the Committee’s attention to congestion and parking issues in the Aldenham Road area.  The development would exacerbate the problem with the loss of spaces serving the retail outlets.  He questioned whether it would be possible to alter the works start time, particularly in regard to construction deliveries, should the Committee grant planning consent. 

 

In addition, Councillor Taylor, highlighted local concerns about flooding in the area, which had led to adjacent properties to the development site being left empty.

 

The Chair asked the Major Cases Manager to clarify the issue of flooding on the proposed site.  He confirmed that certain flooding was of major concern, for example from rivers.  However in this case, where the land was higher than the river, the flooding appeared to be caused by poor drainage in the highway.  It would not be possible to approve the application on the condition that the highways authority resolved the flooding issue, because this lay outside the applicant’s control.

 

On the question of parking, the Major Cases Manager, stated that the site was in a highly sustainable location.  It was a short distance from Bushey station and numerous bus routes.  The number of parking spaces incorporated in the application was compliant with planning guidance.  It was noted that proposals to introduce controlled parking zones in surrounding areas had been rejected by residents and businesses.

 

The Chair opened the debate to Committee members.

 

Councillors were sympathetic to the concerns raised by the objector, particularly in regard to parking and flooding.  In addition, Councillor Bell expressed concerns about the overdevelopment of this area, which only exacerbated these problems.

 

Councillor Sharpe observed that this was a poor site for housing, but on paper fulfilled the objectives set out in central government policy.  Whilst, as a ward Councillor, he shared local concerns about parking, and specifically the parking provision within the application, these were not grounds for refusal.

 

Following clarification from the Major Cases Manager, it was accepted that there were no issues about overlooking arising from the window angles.

 

Councillor Turmaine addressed the question of light loss to the rear of the shops and questioned whether the application met the required thresholds.  The Major Cases Manager advised that guidelines applied to residential properties only and there were no minimum standards for retail outlets.

 

There followed a discussion about restricting the times construction traffic was able to access the site in order to alleviate traffic congestion at peak times.  It was proposed that an appropriate construction management traffic plan be agreed with the applicant prior to work commencing on the site.

 

The Chair moved the officer recommendation.

 

RESOLVED –

 

that planning permission be granted subject to the following conditions:

 

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

                       

2          The development hereby permitted shall be carried out in accordance with the following approved drawings:-

 

ALD-DS-00-00-DR-A-S001 P1, S002 P0, S003 P0

ALD-DS-00-01-DR-A-S004 P0

ALD-DS-00-02-DR-A-S005 P0

ALD-DS-00-ZZ-DR-A-S020 P0, S030 P0

ALD-DS-00-GF-DR-A-P100 P1

ALD-DS-00-01-DR-A-P101 P1

ALD-DS-00-02-DR-A-P102 P1

ALD-DS-00-03-DR-A-P103 P1

ALD-DS-00-ZZ-DR-A-P200 P1, P201 P1, P202 P1, P210 P1, P300 P1

           

3.         No demolition or construction works shall take place before 8am or after 6pm Mondays to Fridays, before 8am or after 1pm on Saturdays, or at any time Sundays and Public Holidays.

 

4.         No demolition or construction works shall commence within the site until an Environmental Management Plan has been submitted to and approved by the Local Planning Authority for the relevant demolition and construction phases. Each Plan shall include details of temporary access for demolition/construction vehicles, contractors parking, the delivery and storage of materials, measures to mitigate noise, measures to mitigate dust (as set out in the Air Quality Assessment by Arup dated 30 September 2015), wheel washing facilities, plant and equipment and a contact procedure for complaints. Each Plan as approved shall be implemented throughout the relevant demolition and construction periods.

 

5.         No demolition works shall commence until a detailed method statement for the retention of the existing wall adjoining the boundary with 29-31, Chalk Hill has been submitted to and approved in writing by the Local Planning Authority. The demolition works shall only be undertaken in accordance with the approved method statement. The wall shall be retained at all times unless otherwise agreed in writing by the Local Planning Authority.

 

6.         No construction works shall commence until details of the materials to be used for all the external finishes of the new building, including all external walls, roofs, doors, windows, balconies and privacy screens, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the approved materials.

 

7.         All windows at first and second floor levels on the front façade of the building facing Aldenham Road shall be non-opening and shall be retained as such at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

8.         No development shall commence until the specification of a mechanical air supply/extract system for each of the residential dwellings on the first and second floors of the premises 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 on the front elevation facing Aldenham Road being non-opening. The air delivered to the occupiers of the residential units through this system should have an annual mean nitrogen dioxide (NO2) concentration of 40ug/m3 or less.  The system must not compromise the sound insulation of the façades. Details of the siting of any air intake; extraction units; generators 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.

 

9.         No development shall commence until a noise mitigation scheme for the proposed residential dwellings on the first and second floors, based upon the recommendations of the Noise Impact Assessment by Ardent Consulting Engineers dated July 2015 (Ref. No. X240-01; Project No. X240; July 2015) 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.

 

10.      No demolition or construction works shall commence until a detailed scheme to deal with the risks associated with contamination of the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

 

i)     a preliminary risk assessment (PRA) which has identified:

 

?  all previous uses

?  potential contaminants associated with those uses

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

?   potentially unacceptable risks arising from contamination at the site;

 

ii)    where the PRA in (i) above identifies the need for further investigation, a site investigation scheme to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site;

 

iii)   where a site investigation scheme referred to in (ii) above is required, the results of the site investigation and risk assessment 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)   where a remediation strategy referred to in (iii) above is required, 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 are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

No changes to these components shall be undertaken without the written approval of the Local Planning Authority. All works shall be carried out in accordance with the approved details.

 

11.      Where a remediation strategy has been approved pursuant to Condition 3, no construction works shall commence until a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation has been 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. It shall also include a plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority. The long-term monitoring and maintenance plan shall be implemented as approved.

 

12.      If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until the developer has submitted to, and obtained written approval from, the Local Planning Authority for a remediation strategy detailing how this unsuspected contamination is to be dealt with. All works shall be carried out in accordance with the approved details.

 

13.      No part of the development shall be occupied until details of the new vehicular crossover on Aldenham Road to serve the residential car parking, as shown in principle on drawing no. ALD-DS-00-GF-DR-A-P100 P1, have been submitted to and approved in writing by the Local Planning Authority, and the access has been constructed in full. The details shall include the drainage of the parking area to ensure no surface water discharges onto the highway.

 

14.      No part of the development shall be occupied until the existing vehicular crossover on Aldenham Road has been closed off and the adjacent footways and kerbs reinstated.

 

15.      No gate shall be installed at the entrance to the residential car parking area except in accordance with such details and specifications of the gate, including the operating mechanism and noise levels during operation, as have been submitted to and approved in writing by the Local Planning Authority.

 

16.      No part of the development shall be occupied until the 6 car parking spaces shown on the approved drawings (unless otherwise approved in writing by the Local Planning Authority) have been laid out and constructed in full. These spaces shall be retained at all times for the parking of cars of the residential occupiers only.

 

17.      No part of the development shall be occupied until the bin stores for the commercial use and the residential flats have been provided in accordance with the approved drawings (unless otherwise approved in writing by the Local Planning Authority). The stores shall be retained at all times for bin storage only and shall not be used for any other purpose.

           

18.      No part of the development shall be occupied until details of a shelter for the cycle storage shown on the approved drawings, for a minimum of 8 cycles and providing weather protection, has been submitted to and approved in writing by the Local Planning Authority and the shelter and cycle storage facilities have been provided in full. These shall be retained at all times.

 

19.       No flat shall be occupied until the privacy screens at first and second floor level on the rear balconies have been installed, as shown on the approved drawings. These screens shall accord with the details approved under Condition 6 of this permission.

 

20.      No part of the development shall be occupied until details of the green roof, including its long term maintenance, have been submitted to and approved in writing by the Local Planning Authority, and the green roof has been installed as approved. It shall be maintained at all times in accordance with the approved maintenance plan.

           

21.      The green roof, as shown on approved drawing no. ALD-DS-00-01-DR-A-P101 P1, shall not be accessible at any time to occupiers of the flats or the commercial unit. Access to the green roof shall only be for the purposes of maintenance or repair.

 

22.      The ground floor commercial unit fronting Aldenham Road shall only be used for purposes within Class A1 (shops) or Class A2 (financial and professional services) of the Town and Country Planning (Use Classes) Order 1987 (as amended) unless otherwise agreed in writing by the Local Planning Authority.

 

23.      No external plant or equipment shall be installed on the building unless details of the type, size, siting and noise levels of the plant or equipment have been submitted to and approved in writing by the Local Planning Authority. The plant or equipment shall only be installed in accordance with the approved details.

 

24.      The windows on the north eastern elevation at first and second floor level shall be fixed shut and fitted with obscured glass at all times.

 

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. The Council also gave pre-application advice on the proposal prior to the submission of the application and undertook discussions with the applicant’s agent during the application process.

 

2.         Before commencing the development the applicant shall contact Hertfordshire County Council Highways (0300 123 4047) to obtain i) their permission/requirements regarding access for vehicles involved in the demolition of the existing building; ii) a condition survey of any adjacent highways which may be affected by construction vehicles together with an agreement with the highway authority that the developer will bear all costs in reinstating any damage to the highway.

 

3.         Provisions should be made to remove all unwanted materials from site.

 

·        A licensed waste disposal company can be used to collect and dispose of waste.

·        Developers can only take waste to a licensed waste disposal site themselves if they have a licence to carry waste.

·        In both cases all Waste Transfer Notes must be retained.

·        Waste can only be treated on site I.e. burnt if the developer has a licence to treat waste.

 

                        All of the mentioned licences are issued by the Environment Agency. If the developer does have a license to treat waste on site by burning then dark smoke cannot be omitted at any time - this is an offence.  In addition if smoke from bonfires on site cause a statutory nuisance enforcement action will be taken.

 

4.         In respect of Conditions 7, 8 and 9, any request by the applicant to vary these requirements must be accompanied by an air quality assessment based upon up-to-date site specific monitoring data.  The methodology for this assessment and monitoring must be agreed with the Environmental Health and Licensing Service before the assessment/monitoring commences. The assessment must include details of alternative mitigation measures and demonstrate that they will not result in the future occupants of the residential units being exposed to air quality concentrations above the health related air quality objectives, as set down in UK legislation and guidance, or internal noise levels that exceed those set out in BS 8233:2014.