Agenda item

Outline application for demolition of existing buildings and construction of up to 121 dwellings and a basement car park for residents of up to 197 spaces.

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 introduced the item, explaining that outline planning permission was sought for the demolition of all existing buildings and the construction of up to 121 dwellings and a basement car park for residents of up to 197 spaces with a new access junction on Chalk Hill.  All matters were reserved for future determination.

 

Attention was drawn to the update sheet, which included some amended conditions.

 

The Committee welcomed the proposed development of the site, which had been the subject of various applications.  There was broad support for the change to residential use.  However concerns were expressed about the scale of the proposed development, the access arrangements and the impact of increased traffic levels on surrounding roads.  Committee members also underlined the need for sufficient affordable housing provision.

 

Councillor Sharpe observed that the ruling by the planning inspector in October 2010, which stated that the proposed new access junction over the site of 12 Chalk Hill was acceptable in principle, meant that the Committee could not refuse planning permission on access grounds.

 

In response to a question from the Chair, the Development Management Team Leader confirmed that although there had been scope to secure access via Aldenham Road when the adjacent site had been developed by Persimmon Homes this opportunity had been missed.

 

The Chair moved the officer recommendation.

 

RESOLVED –

 

(A)       That planning permission be granted subject to the completion of a planning obligation under s.106 of the Town and Country Planning Act 1990 to secure the following provisions and subject to the conditions listed below:

 

Section 106 Heads of Terms

 

i)          To secure the provision of 35% of the dwellings as affordable dwellings, of which at least 65% are to be for affordable rent, at least 20% for social rent and a maximum of 15% for intermediate tenures, in accordance with Policy HS3 of the Watford Local Plan Core Strategy 2006-31.

 

ii)         To secure the provision of necessary fire hydrants as required to serve the development.

 

Conditions

 

1.         Approval of the details of the access, appearance, landscaping , layout  and scale (hereinafter called the 'reserved matters') shall be obtained from the Local Planning Authority before any development commences.

           

2.         Application(s) for approval of the ‘reserved matters’ must be made not later than the expiration of three years from the date of this permission.

           

The development to which this permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matter to be approved.

           

3.         The reserved matters submitted pursuant to Condition 1 shall include a detailed tree survey and arboricultural impact assessment for all trees preserved under Tree Preservation Order 33 that lie within the site and immediately adjoining the eastern and northern boundaries of the site, to include the following:

i)          Details of all trees to be removed and retained.

ii)         Details of any arboricultural works to be undertaken to retained trees.

iii)        Details of canopy spread and root protection zones extending within the application site of all trees to be retained, both within and adjoining the site.

iv)        Method statements for all works within the site to be undertaken within the canopy spread and root protection zone of any retained tree.

                       

 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.        i)     No demolition works shall commence within the site until a Demolition Environmental Management Plan has been submitted to and approved by the Local Planning Authority.  This Plan shall include details of the phasing of the development, access arrangements for demolition vehicles, a traffic plan for demolition 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.  The Plan as approved shall be implemented throughout the construction period.

           ii)    No construction works shall commence within the site until a Construction Environmental Management Plan has been submitted to and approved by the Local Planning Authority.  This Plan shall include details of the phasing of the development, access arrangements for construction vehicles, a traffic plan for 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.  The Plan as approved shall be implemented throughout the construction period.

           

6.         No development shall commence until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

 

1) 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

- potentially unacceptable risks arising from contamination at the site.

 

2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

3) The results of the site investigation and detailed risk assessment referred to in (2) 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.

 

4) 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 (3) 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 express written consent of the local planning authority. The scheme shall be implemented as approved.

 

7.         No occupation of any part of the development shall take place until a verification report demonstrating 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. It shall also include any 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. The long-term monitoring and maintenance plan shall be implemented as approved.

 

8.         No development shall commence until a long-term monitoring and maintenance plan in respect of contamination, including a timetable of monitoring and submission of reports to the Local Planning Authority, 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 monitoring, shall be submitted to and approved in writing by the Local Planning Authority. Any necessary contingency measures shall be carried out in accordance with the details in the approved reports. On completion of the monitoring specified in the plan a final report demonstrating that all long-term remediation works have been carried out and confirming that remedial targets have been achieved shall be submitted to and approved in writing by the Local Planning Authority.

 

9.         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 the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

 

10.      No infiltration of surface water drainage into the ground at this site 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 approval details.

 

11.       No piling or any other foundation designs using penetrative methods shall take place unless details have been submitted to and approved in writing by 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 groundwater. The development shall be carried out in accordance with the approved details.

 

12.       No demolition or development shall commence within the site until a detailed tree protection plan (showing all trees and hedges to be retained, the siting and type of protective fencing and the use and type of no-dig construction methods where appropriate) has been submitted to and approved in writing by the Local Planning Authority and all tree protection measures have been installed as approved. The development shall only be carried out in accordance with the approved details and all protective fencing shall be retained throughout the construction period.

           

13.       No development shall commence within the site until details of the routing of all below ground services and cabling (electricity, gas, telephone, foul water, surface water, etc), including any temporary connections for site huts, showing depth, width and routing of all trenches, have been submitted to and approved in writing by the Local Planning Authority.  The development shall only be carried out in accordance with the approved details.

           

14.       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.

           

15.      The development permitted by this planning permission shall be carried out in accordance with the approved drainage strategy carried out by by jnp group, dated 25^th of November 2015, project number C85264 and the following mitigation measures detailed within the drainage strategy:

i)          Limiting the surface water run-off generated by the 1 in 100 year + climate change critical storm so that it will not exceed the rate of 5 l/s.

ii)         Discharge into the Thames Water sewer network.

iii)        Undertake the drainage to include permeable paving and attenuation tanks as indicated in Appendix E of the drainage strategy.

iv)        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.

 

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.

 

16.      No development shall take place until a detailed surface water drainage schemefor the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

The scheme shall also include:

 

i)          Detailed drainage plan showing the location, size and engineering details of the proposed SuDS, pipe runs, manholes etc.

ii)         Detailed surface water run-off and volume calculations for 1:100 year (+30% CC) are required within the surface water drainage assessment, which ensures that the site has the capacity to accommodate all rainfall events up to 1:100 year (+30% CC).

iii)        Exploration of the feasibility of above ground SuDS measures in the western part of the site.

iv)        Maintenance and adoption of all SuDS measures

 

17.       No development shall commence until a drainage strategy detailing any on and/or off-site drainage works has been submitted to and approved by the Local Planning Authority. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

 

18.      All windows directly facing Chalk Hill and the railway viaduct to the west shall be non-opening and shall be retained as such at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

19.       No development shall commence until the specification of a mechanical air supply/extract system for each of the residential dwellings with windows directly facing Chalk Hill and the railway viaduct to the west 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 respective dwellings facing Chalk Hill and the railway viaduct 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.

 

20.      No development shall commence until a noise mitigation scheme for the proposed residential dwellings facing Chalk Hill and the railway viaduct to the west, to achieve the recommended interior noise levels in BS 8233:2014, 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.

 

21.       The development shall be constructed at a datum level of 60.00 as shown on the approved drawings, unless otherwise agreed in writing by the Local Planning Authority.

           

22.       The height of the buildings shall not exceed the heights shown on the indicative drawings.

           

23.       No part of the development shall be occupied until details of an external lighting scheme for the site has been submitted to and approved in writing by the Local Planning Authority and the approved has been installed.

           

24.       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.

           

25.       Car parking provision for the development shall not exceed the maximum standards for development within Parking Zone 3 as set out in Appendix 2 of the Watford District Plan 2000, 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.

           

26.       Cycle parking provision for the development shall be provided at a ratio of 1 space per dwelling. The cycle parking provision shall be secure and weatherproof.

 

27.       No works of demolition or construction shall commence on the site until documentary evidence has been submitted to and approved in writing by the Local Planning Authority to demonstrate that the access junction from Bushey Arches at the western corner of the site can lawfully be closed to vehicular traffic on completion of the development.

 

28.       No part of the development shall be occupied until:

 

i)     The new vehicular access from Chalk Hill has been laid out and constructed in accordance with the details shown in principle on drawing no. 2703/P15/GL1/G.

ii)    The existing footpath in front of the site has been widened to a minimum width of 2m, as shown in principle on drawing no. 2703/P15/GL1/G.

iii)   The existing access junction from Bushey Arches sited at the western corner of the site has been closed to vehicular traffic. Details of the measures to prevent use by vehicular traffic shall be submitted to and approved in writing by the Local Planning Authority and shall be installed as approved. These measures shall be retained at all times.

 

The existing access from Bushey Arches sited along the western boundary of the site shall only be used for pedestrian and cycle access and emergency vehicle access.

           

29.       No part of the development shall be occupied until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan shall be implemented at all times.

 

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 necessary fire hydrants to serve the development and the provision of 35% of the dwellings as affordable housing units.

 

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.

 

(B)       That, in the event that a planning obligation under s.106 of the Town and Country Planning Act 1990 is not completed by 29^th April 2016, the Head of Development Management be authorised to refuse planning permission for this application for the following reasons:

 

1.         The proposed development fails to make provision for affordable housing and as such is contrary to Policy HS3 of the Watford Local Plan Core Strategy 2006-31.

 

            2.         The proposal fails to make provision for fire hydrants to serve the development and as such is contrary to Policy INF1 of the Watford Local Plan Core Strategy 2006-31 and saved Policy H10 of the Watford District Plan 2000.