Agenda item

Demolition of 10 existing bungalows and erection of 2 three storey blocks comprising 32 one and two bedroom flats and a community garden (amended design)

The Committee received the report of the Head of Development Management, including the relevant planning history of the site. 

 

The Development Management Team Leader (PB) introduced the item, explaining that the application followed the refusal of application 15/00719/FULM by the Committee on 29 October 2015 on the grounds of design.  The current proposal was identical to the previous scheme in all respects other than the design of the proposed buildings and the size of some of the two bedroom flats.

 

He drew attention to the update sheet, which included a review of the amended design from Design South East.

 

The Chair invited Mrs Jane Owen of Save the Bungalows to speak in objection to the application.

 

Mrs Owen explained that she was speaking on behalf of the Hemming Way community, which strongly opposed the revised proposal.  Despite assurances that local residents would be consulted on the changes, Watford Community Housing Trust had submitted its amended application prior to speaking with residents.

 

There was widespread local opposition to the new design, which looked like an office block, restricting light and views to surrounding properties.  Changes were cosmetic. The resulting design was out of character and an overdevelopment of the area.  Residents were concerned that it would set an unwanted precedent for future developments.

 

Mrs Owen reiterated residents’ issues about the loss of green space and the encroachment the development would make onto the children’s play area.  There were additional concerns about the loss of social housing, as well as practical concerns about the lack of public transport links in the local area and access difficulties along narrow roads for refuse and emergency vehicles.

 

The Chair invited Mr Gareth Lewis from the Watford Community Housing Trust (WCHT) to speak for the application.

 

Mr Lewis commented that, set against a pressing need for housing in the Borough, the principal issue was whether the amended design met the previous concerns of the Development Management Committee.

 

Following the Committee’s comments at its October meeting, when the previous application had been considered, WCHT had responded positively, including consulting with the Elected Mayor’s design champion.  The resultant design sought to reduce the visual impact of the buildings, utilising new materials to reflect the appearance of the surrounding buildings.

 

The result was a 100% affordable housing scheme, which would attract a significant grant from the Housing and Communities Agency.

 

Mr Lewis drew the Committee’s attention to the fact the statutory consultees as well as officers at Watford Borough Council had not raised any objections to the revised design.

 

The Chair thanked the speakers for their contributions.  He then invited Councillor Crout, Stanborough Ward Councillor, to speak to the Committee.

 

Councillor Crout added his concerns about WCHT’s lack of consultation with local residents on their amended application.  The result was that local residents felt their issues regarding the inappropriate development of this quiet residential area had been ignored.  He urged WCHT to continue dialogue with residents.

 

Whilst he had sympathy for WCHT in the light of diminishing funding from central government to meet local housing requirements, Councillor Crout expressed the view that the need for social housing in Watford had been overlooked.  He was concerned that Watford was becoming a town in which only the affluent could afford to live.

 

The Chair opened the debate to Committee members, reminding them that it was important to focus on the design issues of the application, since these were the grounds given for the original refusal.

 

Councillor Williams commented that the amended application appeared very similar to that placed before the Committee in October.  Although he shared residents’ concerns about the impact on local highways and the strain on sewerage provisions in the Leavesden Green area, the statutory consultees had not raised objections.   Despite this, he continued to have significant concerns about the design of the development and wished to move a motion to refuse.

 

Following a question from Councillor Turmaine, the Development Management Team Leader clarified that issues regarding the process undertaken to relocate tenants from the bungalows to alternative accommodation was not a planning matter and could not form part of the Committee’s deliberations.

 

Members acknowledged that firm grounds for refusal were required which the council could defend if the application went to appeal.  The Committee needed to make its decisions in a climate where there was an overriding presumption in favour of development.  Whilst the amended design still represented a major change of character for the local area, WCHT had made a number of changes in response to the points that were the basis of the committee’s decision to refuse the original application.  These changes could not be described as merely cosmetic.

 

The Chair invited Councillor Williams to propose a motion to refuse the application on similar grounds to the previous refused application, particularly that it was out of character, having the appearance of being overdeveloped.  On being put to the Committee, the motion was LOST.

 

The Chair then moved the officer recommendation.

 

RESOLVED –

 

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 all 32 of the units as affordable housing for affordable rent and social rent.

 

ii)         To secure the provision of fire hydrants as required by the County Council to serve the development.

 

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:-

           

            0408 DD 010

0408 PL 011, 020, 050, 100, 101, 102, 103, 110, 200, 201, 202, 300, 400 ALA265 L01 PL5, L03 PL2, L05 PL3, L06 PL1.     

           

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

           

4.         No demolition or construction works shall commence within the site until a Construction Environmental Management Plan has been submitted to and approved by the Local Planning Authority for the relevant demolition and construction phase. Each Plan shall include details of temporary access for demolition/construction vehicles, contractors parking, the delivery and storage of materials, measures to mitigate noise and dust, 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 impact piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority.  Any piling must be undertaken in accordance with the terms of the approved piling method statement.

 

6.         No construction works shall commence until details of the materials to be used for all the external finishes of the building, including walls, roofs, doors, windows and balcony railings, 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.         No construction works shall commence until details of the window and door reveals, recessed panels and capping to the walls, 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 details.

 

8.         The development permitted by this planning permission shall only be carried out in accordance with the drainage strategy prepared by Price and Myers dated October, 2015 and the mitigation measures detailed within the drainage strategy:

 

i)          Implementing appropriate SuDS measures giving priority to above ground measures such as green and brown roofs, permeable pavements and soakaways, as shown in Appendix D of the new drainage strategy prepared by Price and Myers.

 

ii)         Providing attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event providing a minimum of 120.9 m³ of total storage volume in two soakaways, as shown in appendix C of the revised surface water drainage strategy.

 

iii)        Discharge of surface water via infiltration from the two soakaways.

 

iv)        Commitment by the applicant to the SuDS maintenance programme included in section 4.5 of the revised FRA

            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.

9.         No construction works shall take place until the final design of the soakaways, permeable pavements and green and brown roofs, and the drainage network has been submitted to and approved in writing by the Local Planning Authority. Between both soakaways, a storage volume of 120.9 m³ should be provided. The design of all SuDS elements including the detailed engineering design should be in line with best practice standards as shown in The SuDS Manual (CIRIA C-697).

 

10.       No part of the development shall be occupied until full details of a soft landscaping scheme have been submitted to and approved in writing by the Local Planning Authority. This shall include the retention of existing trees and hedging where possible and measures to enhance the ecological biodiversity of the site. The approved landscaping scheme shall be carried out not later than the first available planting and seeding season after completion of the 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.

 

11.       No part of the development shall be occupied until full details of a hard landscaping scheme, including details of all site boundary treatments and all fencing within the site, have 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.

 

12.       No part of either building shall be occupied until details of the size, design and appearance of the respective bin store and the cycle store for that building, as shown in principle on drawing no.0408 PL 020, have been submitted to and approved in writing by the Local Planning Authority and the respective bin store and cycle store have been constructed in accordance with the approved details. The bin and cycle stores should be designed to be weatherproof and secure.

 

13.       No part of the development shall be occupied until the 48 car parking spaces shown on drawing no.0408 PL 020, including the access junctions with Hemming Way, have been laid out and constructed in full. These spaces shall be retained for parking cars at all times.

 

14.       No part of the development shall be occupied until the section of Hemming Way within the application site has been stopped up and the new vehicle accesses, pedestrian footpaths and parking arrangements have been constructed in full, as shown in principle on drawing no. 0408 PL 020.

 

Informatives

 

1.         This planning permission is accompanied by a unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 to secure the provision of 32 affordable housing units and the necessary fire hydrants to serve the development.

 

2.         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.

 

3.         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.