Retention of shop unit on ground floor (incorporating some basement space), rear extensions, conversion of premises from one flat to three flats, including conversion of loft space, insertion of roof-light windows and external staircase. 

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 Principal Planning Officer (MS) introduced the item, explaining that full planning permission was sought for retaining a shop unit on the ground floor (incorporating some basement space), some rear extensions and the conversion of the premises from one to three flats, including the conversion of loft space.  The works would include the insertion of roof-light windows and the installation of an external staircase and a balcony. 

The Chair invited Mr Martin Yallop, a local resident, to speak against the application.  Mr Yallop expressed concerns about the negative impact of the application on the Nascot Conservation Area.  The area had been identified as having special character and appearance and he considered that this application was an unattractive overbuild in one of the conservation area’s main gateways.

Citing Watford Borough Council’s Nascot Conservation Area Appraisal, Mr Yallop drew the committee’s attention to the problem of unsympathetic alterations within the conservation area. 

In addition, Mr Yallop raised issues about diminished light levels and overlooking into a number of neighbouring gardens as a result of the development. 

The Chair invited Mr Adrian Hoy, the agent for the application, to speak in support.  Mr Hoy advised that designating houses and shops as part of a conservation area did not mean that no development could be undertaken.  The applicant had worked proactively with planning officers to devise an acceptable proposal, which maintained the existing shop and added extra accommodation in a highly sustainable area.

Mr Hoy noted that Watford Borough Council’s Urban Design and Conservation Manager had not raised any objections to the proposed scheme.

Mr Hoy also drew the committee’s attention to the unilateral undertaking agreed by the applicant, which would remove parking rights for any future occupants of the proposed flats,thereby ensuring that the development would not exacerbate parking congestion on local streets.

The Chair then invited Councillor Hofman, Nascot Ward Councillor, to speak to the committee.  Councillor Hofman expressed local residents’ concerns about the loss of the corner shop.  The proposed design was considered unsatisfactory, affording poor access and storage, no open space or parking and cramped living accommodation.  Councillor Hofman urged the committee to seek a more sympathetic development for this iconic location.

Clarifying the question of overlooking, the Principal Planning Officer advised that permanent screening would be required as part of the planning permission to protect the privacy of neighbouring properties to the side.  In addition, in response to concerns about overdevelopment, the number of bedrooms in the loft flat had been reduced.

The Chair invited comments from the committee.

Committee members considered that there were no planning grounds to refuse the application.  Privacy issues had been addressed; room sizes conformed to required dimensions; and the Urban Design and Conservation Manager had not raised any concerns in regard to the impact on the Nascot Conservation Area.  The committee was also satisfied that sufficient controls were in place to prevent the loss of the iconic shop frontage.

The Chair moved the officer recommendation.

RESOLVED –

That, pursuant to a planning obligation under s.106 of the Town and Country Planning Act 1990 as per the unilateral undertaking that has been submitted in support of the application, conditional 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 shall be carried out in accordance with the following drawings, unless otherwise approved in writing by the Local Planning Authority.  Please note that some of these are amended drawings which have superseded versions that were originally submitted with the application:

            Drawing LRW.PLAN1 - revised version dated 17/08/2016

            Drawing LRW.PLAN2 - revised version dated 29/06/2016

            Drawing LRW.PLAN3 - revised version dated 29/06/2016

            Drawing LRW.SP500 - block plan

            Drawing LRW.LP1250 - site location plan

            Design and access statement

            Green travel plan

3.         The first floor rear balcony shall be built with the side wall, as shown on drawing LRW.PLAN2, and that side wall shall be retained thereafter.

4.         No work shall commence above the level of the damp-course until full details of the materials listed as follows have been submitted to and approved in writing by the Local Planning Authority.  Physical samples labelled with the manufacturer and model shall be submitted of the roof slates, the window frames and rainwater goods.  In the case of the rooflight windows it will be acceptable to submit written details from a manufacturer's brochure or website rather than physical samples.  The development shall be carried out in accordance with the approved details.  The rendered walls shall be coloured white, cream, off-white, or such other colour as has been agreed in writing by the Local Planning Authority.

5.         The front ground floor and basement unit which is labelled on the plans as 'office' may be used only for a purpose falling within the following Use Classes of the Town and Country Planning (General Permitted Development) Order 2015 (or subsequent amendments thereof): classes A1 (shops), A2 (financial and professional services) or B1 (offices), and not for any other use.

Informatives

1.         For details of how the Local Planning Authority has reached its decision on this application please refer to the planning officer's report, which can be obtained from the Council's website www.watford.gov.uk, where it is appended to the agenda of the Development Management Committee meeting of 31 August 2016; and also to the minutes of that meeting.

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 2015.

3.         The development that is hereby approved is liable for contributions under the Community Infrastructure Levy (CIL).  Please contact the Planning Support team at Watford Borough Council (tel 01923 278327) if you have any queries about the procedure to be followed as regards making those contributions prior to the commencement of the development.

4.         This planning permission is accompanied by a planning obligation in the form of a unilateral undertaking, which is binding upon the owners and their successors in title.  It obliges the owners to make certain contributions to the varying of the local traffic order when work commences on implementing this permission.  It includes an obligation to inform the Local Planning Authority when work commences by contacting the Section 106 Co-Ordinator in the Planning department.  The effect of the planning obligation will be to exclude the flats from entitlement to permits for the local Controlled Parking Zone.

5.         This permission does not remove the need to obtain any separate consent, which may be required under the Buildings Act 1984 or other building control legislation. Nor does it override any private rights which any person may have relating to the land affected by this decision.  To find more information and for advice as to whether a Building Regulations application will be required please visit www.watfordbuildingcontrol.com.

6.         This planning permission does not remove the need to obtain any separate consent of the owner of the adjoining property prior to commencing building works on, under, above or immediately adjacent to their property (e.g. foundations or guttering). The Party Wall Etc Act 1996 contains requirements to serve notice on adjoining owners of property under certain circumstances, and a procedure exists for resolving disputes.  This is a matter of civil law between the two parties, and the Local Planning Authority are not involved in such matters.  A free guide called "The Party Wall Etc Act 1996: Explanatory Booklet" is available on the website of the Department for Communities and Local Government at

            https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/393927/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

7.         You are advised of the need to comply with the provisions of The Control of Pollution Act 1974, The Health and 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

8.         All new units 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.