Conversion of warehouse into 2 studio flats and 3 1-bed flats.

 

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 Development Management Team Leader introduced the item, explaining that the application proposed the conversion of the existing warehouse into five flats, comprising two studio flats and three one-bed flats.

 

The Chair invited a local resident, Mrs Anita Baker, to speak against the application.  Mrs Baker outlined a number of concerns, both about the current usage of the application site and the future impact of proposed changes.

 

In particular, Mrs Baker considered that the proposed flat conversion was an overdevelopment of the site, which would result in significant overlooking and a loss of privacy to surrounding properties. 

 

Mrs Baker expressed additional concerns about the impact of parking, despite its sustainable location.  Although there would be provision for bicycle storage, parking spaces were at a premium in the area and it was unlikely that the narrow access road would not be used for this purpose.

 

The Chair invited Councillor Mills, Vicarage Ward Councillor, to address the committee.  Councillor Mills reiterated concerns about the overdevelopment of the site and expressed frustration about the lack of family accommodation in the area.

 

Councillor Mills further described the significant parking problems in Vicarage Ward which the proposed scheme would exacerbate.

 

The Chair invited comments from the committee.

 

Although accepting that the proposed development complied with design standards, the committee expressed concerns about the warehouse’s current use.  It was hoped that the change to residential use would remove the problems experienced by local residents. 

 

The committee particularly welcomed the condition requiring a landscaping scheme to be maintained at the property.  It was further agreed that, in order to mitigate overlooking and privacy concerns, a Grampian condition should be imposed on the development regarding the design of one of the proposed windows.

 

The Chair moved the officer recommendation, subject to the inclusion of a new Grampian condition to replace condition 8 on the recommendation:

 

Notwithstanding the plans hereby approved, no development shall commence until details of alternative south facing windows for flats 1 and 4 have been submitted to, and approved in writing by, the Local Planning Authority.  The alternative windows shall be designed to reduce overlooking of properties in Durban Road West.  Thereafter, the development shall be carried out in accordance with the approved details and maintained in perpetuity.

 

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 exclude future residents of the development from entitlement to resident parking permits for the controlled parking zones in the vicinity of the application site.

 

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:-

           

            Location plan; 15/2935/01; 15/2935/02; 15/2935/03; 15/2935/04; 15/2935/09; 15/2935/10A; 15/2935/11; 15/2935/12A.

           

3.         No construction works shall commence until details of the materials to be used for all the external finishes of the development 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.

 

4.         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. 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.

 

5.         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.

 

6.         No part of the development shall be occupied until details of the siting, size and design of refuse, recycling and cycle storage have been submitted to and approved in writing by the Local Planning Authority and the storage facilities have been installed in accordance with the approved details. The storage facilities shall be retained at all times thereafter.

 

7.         The ground floor and first floor windows in the south-western rear elevation of the building shall be permanently fixed closed below 1.7m internal floor level and shall be fitted with obscured glass at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

8.         Prior to the commencement of the development hereby approved a Phase I Report to assess the actual or potential contamination at the site shall be submitted to and approved in writing by the Local Planning Authority. If actual or potential contamination and/or ground gas risks are identified further investigation shall be carried out and a Phase II report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. If the Phase II report establishes that remediation or protection measures are necessary a Remediation Statement shall be submitted to and approved in writing by the Local Planning Authority.

 

            For the purposes of this condition:

 

            A Phase I Report consists of a desk study, site walkover, conceptual model and a preliminary risk assessment. The desk study comprises a search of available information and historical maps which can be used to identify the likelihood of contamination. A simple walkover survey of the site is conducted to identify pollution linkages not obvious from desk studies. Using the information gathered, a ‘conceptual model’ of the site is constructed and a preliminary risk assessment is carried out.

 

            A Phase II Report consists of an intrusive site investigation and risk assessment. The report should make recommendations for further investigation and assessment where required.

           

            A Remediation Statement details actions to be carried out and timescales so that contamination no longer presents a risk to site users, property, the environment or ecological systems.

 

9.         All remediation or protection measures identified in the Remediation Statement referred to in Condition 9 shall be fully implemented within the timescales and by the deadlines as set out in the Remediation Statement and a Site Completion Report shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any part of the development hereby permitted.

 

            For the purposes of this condition a Site Completion Report shall record all the investigation and remedial or protection actions carried out. It shall detail all conclusions and actions taken at each stage of the works including validation work. It shall contain quality assurance and validation results providing evidence that the site has been remediated to a standard suitable for the approved use.

 

10.       No part of the development shall be occupied until details of the reinstatement of the kerb and pavement to the front of the site have been submitted to and approved in writing by the Local Planning Authority and the kerb and pavement have been reinstated in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

 

Informatives

 

1.         This planning permission is accompanied by a unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 to exclude future residents of the development from entitlement to resident parking permits for the controlled parking zones in the vicinity of the application site.

 

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.

 

3.         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.

 

4.         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 out more information and for advice as to whether a Building Regulations application will be required please visit www.watfordbuildingcontrol.com.

 

5.         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

 

6.         Best practical means shall be taken at all times to ensure that all vehicles leaving the development site during construction of the development are in condition such as not to emit dust or deposit mud, slurry or other debris on the highway.

 

7.         The applicant is advised that storage of materials associated with the development should take place within the site and not extend into within the public highway without authorisation from the highway authority, Hertfordshire County Council. If necessary further details can be obtained from the County Council Highways via either the website http://www.hertsdirect.org/services/transtreets/highways/ or telephone 0300 1234047 to arrange this.

 

8.         The developer should be aware that the required standards regarding the maintenance of the public right of way and safety during the construction. The public rights of way along the carriageway and footways should remain unobstructed by vehicles, machinery, materials and other aspects of construction works.

 

9.         Where works are required within the public highway the highway authority require the construction of such works to be undertaken to their specification and by a contractor who is authorised to work in the public highway. Please see the Hertfordshire County Council guidance at http://www.hertfordshire.gov.uk/services/transtreets/highways/highwaysinfo/hiservicesforbus/devmanagment/dmhwaysec278/

 

10.       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