Agenda item

Variation of wording of Condition 20 of planning permission ref. 13/00450/OUTM for the erection of up to 20 dwellings, to allow the new vehicular access on Nascot Wood Road to be completed prior to final occupation (and not prior to first occupation) of the development.

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

 

The Development Management Team Leader (PB) introduced the item, explaining that the application related to the site known as Rounton at 28, Nascot Wood Road which had been granted outline planning permission in July 2013 (13/00450/OUTM). A reserved matters application for the erection of 20 dwellings was approved in June 2014 (14/00497/REM) and the houses were currently under construction.

 

Condition 20 of the outline permission required the new access junction on Nascot Wood Road, including the removal of the existing chicane and the formation of a raised table across the junction, to be completed before first occupation.  The applicant had requested that the time period for the works be extended.

 

The Development Management Team Leader drew the Committee’s attention to the update sheet, which provided details about an agreement reached between Hertfordshire County Council Highways and the applicant about the timing of the junction works.

 

The Chair invited Victoria Roe from Persimmon Homes to speak for the application.

 

Ms Roe explained that Persimmon Homes was seeking to vary the condition to allow time for the junction works to be carried out in accordance with the access granted by Hertfordshire County Council, as Highway Authority. 

 

Persimmon Homes understood residents’ frustrations at the current arrangement, however it did not present any highway safety issues.  No occupations had been permitted on the site pending the Committee’s decision.

 

Ms Roe assured the Committee that Persimmon Homes was seeking to amend, rather than avoid the condition.

 

The Chair thanked the speaker for her comments and invited Councillor Topping, Nascot Ward Councillor, to speak to the Committee.

 

Councillor Topping expressed local residents’ annoyance at the delay in carrying out the junction works.  It was felt that the works should have been required to be carried out prior to the commencement of the development.

 

She sought assurance that the works would be carried out according to a strict timetable, without slippages.  Nascot Wood Road was one of Watford’s key arteries and the works progress should be monitored closely.

 

Councillor Topping further requested that the cycle path be incorporated into the new road arrangement and that the shoulders of the table should not impose on neighbouring properties.

 

The Chair opened the debate to Committee members.

 

Committee members expressed their frustration at the current state of affairs, which saw Watford Borough Council caught between the developer and the Highway Authority without any real ability to bring about a resolution.  Moreover, there were concerns that an amendment to the condition would remove the Council and County Council’s leverage on the developer to complete the works.

 

The Development Management Team Leader advised that the s278 agreement included a bond payment by the developer which, in the event of Persimmon Homes not carrying out the junction works, could be used to cover the costs of the County Council undertaking the work itself.

 

The Chair moved the officer recommendation.

 

RESOLVED –

 

That planning permission be granted subject to:

 

i)          the completion of a deed of variation to link the new planning permission to the original s.106 agreement dated 29^th July 2013, forming part of planning permission ref. 13/00450/OUTM, to ensure the obligations contained in this agreement continue to apply to the new planning permission, and

 

ii)         the conditions as set out below:

 

Conditions

 

1.         The development shall only be constructed in accordance with the details shown on the following approved drawings:

 

The development shall only be constructed in accordance with the details shown on the following approved drawings:

 

11.060.100 Rev.9 (black and white), 11.060.100 Rev.9 (colour), 11.060.101, 11.060.102 Rev.9, 13.060.103 Rev.9, 13.060.104 Rev.9, 11.060.105 Rev.A (all Eric Cole Architecture)

11.060.01A, 02A, 03, 04A, 07A, 08A, 09A, 10A, 11A, 12A, 15A, 16A, 17A, 18A, 19, 20A, 30A, 31, 32 (all Eric Cole Architecture)

P694/1 (PFA Consulting)

100D (hardsurfacing details only), 201D (hard landscaping only), 500D, 501C, 502B, 701B (arboricultural construction works only) (all RPS)

Typical Tree and Shrub Palette (RPS)

Materials Schedule

 

2.         The development shall only be carried out in accordance with the approved schedule of external materials and hard landscaping.

 

3.         The development shall only be carried out in accordance with the tree protection measures shown on approved drawing no. 701 Rev.D (RPS).

 

4.         Construction of the development hereby permitted shall not take place before 8am or after 6pm Mondays to Fridays, before 8am or after 1pm on Saturdays and not at all on Sundays and Public Holidays unless agreed in writing by the Local Planning Authority.

           

5.         The development shall only be carried out in accordance with the approved Construction Environmental management Plan Rev.A dated 26^th September 2014.

           

6.         The development shall only be carried out in accordance with the ground levels and finished floor levels of the proposed houses as shown on approved drawing no. 5029:02 (MJA Consulting).

           

7.         The routing of below ground services shall only be carried out in accordance with the following approved drawings:

 

Affinity Water - Drawing no. 44258-01 Rev. T1

Virgin Media - Unnumbered drawing

BT Openreach - Unnumbered drawing

           

8.         The foul and surface water drainage scheme, shall only be constructed in accordance with the following approved drawings:

 

Drawing no. 5029:01E (MJA Consulting)

Drawing no. 5029:2 (MJA Consulting)

Drawing no. 5029:22 (MJA Consulting)

Drawing no. 5029:23 (MJA Consulting)

           

            No dwelling shall be occupied until the drainage scheme has been constructed in accordance with the approved details.

           

9.         No dwelling shall be occupied until a post construction stage final certificate has been submitted to and approved in writing by the Local Planning Authority to demonstrate that the dwelling has achieved code level 3 of the Code for Sustainable Homes.

 

10.       The external lighting scheme for the site shall only be installed in accordance with the approved drawing no. 5029:01E (MJA Consulting) and utilising the DW Windsor DW400 lantern on 5m high columns. The scheme shall be installed as approved before the first occupation of any part of the development.

           

11.       The development shall only be carried out in accordance with the bat mitigation strategy and method statement detailed in the following approved documents:

 

            Bats – Method Statement template to support licence application (Natural England)

            Drawing nos. C5A, C5B, E.2.A, E.3.a, E.4.A, E2A, C.6.B, C.6.C, C.6.D, D (all RPS)

           

12.       No trees, scrub or hedges on the site shall be lopped, topped, felled, grubbed up or otherwise removed from the site between 1st March and 31st August in any year unless a suitably qualified ecologist has previously surveyed the trees, scrub or hedges and certified in writing to the Local Planning Authority that such works of removal are unlikely to harm any protected species.

           

13.       The approved soft landscaping scheme shall be carried out as approved not later than the first available planting and seeding season after completion of each phase 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.

           

14.       Car parking provision for the development provided in accordance with the approved drawings, unless otherwise agreed in writing by the Local Planning Authority. No dwelling shall be occupied until the respective car parking spaces for the occupants and their visitors have been constructed, unless otherwise agreed in writing by the Local Planning Authority. These facilities shall be retained at all times and shall not be used for any other purpose.

           

15.       The occupation of no more than 14 dwellings shall take place until the vehicular access from Nascot Wood Road sited between nos. 24 and 26, Nascot Wood Road, has been laid out and constructed in accordance with the details shown in principle on drawing no. CS-047357-03-T-001A (Capita Symonds). The existing access sited between nos. 26 and 30, Nascot Wood Road shall only be used to serve up to one dwelling.