Agenda item

Retain and refurbish existing properties at 187-189 Harwoods Road to form one 2 bedroom flat and two 3 bedroom flats.  Demolish existing main building to rear and erect attached 3 storey building comprising one 1 bedroom flat and five 2 bedroom 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 (HN) introduced the item, explaining that the application was for the retention and refurbishment of properties at 187-189 Harwoods Road to form one 2-bedroom flat and two 3-bedroom flats.  In addition, it was proposed to demolish the existing main building to the rear and erect an attached three storey building comprising one 1-bedroom flat and five 2-bedroom flats.

The Chair invited Sally Bownes, a local resident, to speak against the application.  Mrs Bownes expressed residents’ concerns about the proposed development, in particular the impact on local traffic and parking in an already densely populated area with significant parking issues.  Prior to the meeting, Mrs Bownes had provided some photographs to illustrate the current problem.  These had been circulated to the committee. 

Residents considered that local traffic and parking problems would be exacerbated by construction vehicles and materials.  They were also sceptical that the proposed car free development would actually prevent future occupants of the flats owning vehicles.  It was questioned whether this policy was enforceable.

In addition, there were significant concerns about the environmental impacts of the development during construction, specifically noise and air pollution, on the local primary school.  Residents sought assurance that Chater School had been consulted on the proposals.

Residents were also worried about privacy and overlooking from the proposed flats, and about the strain on local services and amenities as a result of the increase in the local population.

The Chair then invited Kevin O’Callaghan, the architect for the application, to speak in support.  Mr O’Callaghan discussed the benefits of the proposed development.  This included the retention of the existing houses to maintain the Victorian character of Harwoods Road, and the removal of an unattractive extension on Princes Avenue. 

Mr O’Callaghan commented that the extension building on Princes Avenue was out of character with the other buildings in the street.  It would be replaced by a more sympathetically designed block of flats, which would reflect features from the surrounding buildings and sit comfortably in the street.

In a clarification from the Head of Development Management, it was confirmed that Chater School had been consulted on the proposed development. 

The Chair invited comments from the committee.

The committee concurred with residents’ concerns about traffic and parking in the area.  Local congestion was a significant issue and, although it had been agreed that future residents would not be entitled to parking permits in the surrounding controlled parking zone, it was likely that the development would add to the demand for spaces outside its hours of operation.

The committee was also sympathetic to residents’ concerns about the negative environmental impacts during construction; not least the noise and pollution close to a school.  However, these concerns did not provide grounds for refusal.

Whilst the site was in a densely populated area, the committee considered that the dimensions of the proposed flats were fully compliant and, according to planning regulations, would not overlook or present privacy concerns to surrounding residents.  The new building was not overbearing and presented a considerable improvement on the existing ugly and protruding extension.

The Chair moved the officer recommendation.

RESOLVED –

that planning permission be granted subject to the conditions listed below:

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: PL-187-3000 revision A (this is an amended plan that was received on 13.09.2016)PL-187-4000 revision A (these are amended elevation drawings that were received on 13.09.2016).

3            No work shall commence above the level of the damp-course until full details of the bricks and the roof tiles have been submitted to and approved in writing by the Local Planning Authority.  The submission should include physical samples labelled with the manufacturer and model.  Nor shall work above the damp-course commence until further details have been submitted to and approved in writing by the Local Planning Authority regarding the proposed finish of the flank wall of the existing building that is to be retained.  The development shall be carried out in accordance with the approved details.

4            No windows or doors, other than those shown on the plans hereby approved, shall be inserted in the walls of this development unless otherwise approved in writing by the Local Planning Authority. 

5            The proposed bathroom windows on the first and second floors shall be fitted with obscured glass at all times.  None of the windows (whether for bathrooms or any other rooms) in the rear elevation shall be capable of being opened other than parts that are at least 1.7m above the floor of the room in which the window is installed. 

6            Notwithstanding the details submitted in the application form, the window frames and the frames of the glazed external doors shall be aluminium, and those shall be coloured white in the retained parts of the existing building and grey in the new building, or alternatively such other material or colour may be used as has been agreed in writing by the Local Planning Authority.

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 12 October 2016; and please also refer 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            This development may be considered a chargeable development for the purposes of the Community Infrastructure Regulations 2010 (as amended). The charge is non-negotiable and is calculated at the time planning permission is granted. The charge is based on the net increase of gross internal floor area of the proposed development. A person or party must assume liability to pay the levy using the assumption of liability form 1 which should be sent to the CIL Officer, Regeneration and Development, Watford Borough Council, Town Hall, Watford, WD17 3EX or via email. If nobody assumes liability to pay the levy, this will default to the land owner. A Liability Notice will be issued in due course. Failure to adhere to the regulations, or commencing work without notifying the Council, could forfeit any rights you have to appeal or to pay in instalments, and it may also incur fines or surcharges.

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 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            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

7.      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 a contribution 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.