Agenda item

Demolition of existing retail units and residential flats to be replaced by 8 new retail units and 38 affordable flats (20 x 1 bed, 15 x 2 bed and 3 x 3 bed).

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.  He explained that the application proposed the demolition of existing retail units and residential flats to be replaced by 8 new retail units and 38 affordable flats.

 

Attention was drawn to the update sheet, which included some additional information and two amended conditions.

 

The Chair invited Matt Welch, a local resident, to speak against the application.  Mr Welch stated that residents were not opposed to the development of this site, which would provide much needed housing and bring improvements to local shops.  However they considered the application was an overdevelopment of an already overstretched area, providing four times as many dwellings as currently.

 

In addition, residents were concerned about the oppressive design; its height and bulk was out of keeping with the surrounding area and would reduce the levels of natural light to existing houses.  The extra row of windows and inclusion of balconies in the design led to fears of overlooking and a loss of privacy for existing properties.  Residents also questioned the lack of external play space for children.

 

Mr Welch advised that there were significant parking problems in the area.  Local roads were busy and residents were worried about the detrimental impact on safety and noise as the number of cars and vehicle journeys increased, particularly with the proposed extension of hours to the local convenience store.  This might also exacerbate on-going concerns about anti-social behaviour in the area.

 

The Chair invited Patrick O’Sullivan from Watford Community Housing Trust, to speak for the application.  Mr O’Sullivan underlined the Trust’s commitment to securing the best outcome for the area.  The proposed development would provide modern commercial premises and much needed residential accommodation with a mix of affordable housing, shared ownership and market rent properties. 

 

Mr O’Sullivan commented that the attractive, modern design of this focal building sought to address anti-social behaviour problems.

 

In addition, Mr O’Sullivan explained that Watford Community Housing Trust recognised securing commercial activity in the area was key to the development’s success.  As a result, the Trust had worked closely with current retailers to address their concerns and ensure the future viability of their businesses.

 

The Chair invited Woodside Ward Councillor Karen Collett to speak to the committee.  Councillor Collett outlined the local support for some redevelopment of the application site and the need to provide more housing. 

 

However, residents had concerns about the development, particularly the impact on local businesses during the redevelopment period – which Councillor Collett encouraged the Trust to consider – and the longer term strain on local schools and services, and on parking.  Councillor Collect questioned whether Herts County Council would be able to address these latter issues.

 

Residents were also worried about anti-social behaviour in the area which had been exacerbated by a lack of CCTV.  Councillor Collett urged the Trust to include CCTV in its measures to tackle anti-social behaviour, should the application be successful.

 

In a clarification from the Development Management Team Leader, it was explained that constructive pre-application discussions had taken place with the Trust.  These had resulted in some changes to the design, including a reduction in the overall height of the building.  He further advised that the distances between the proposed building and existing dwellings exceeded minimum requirements and did not therefore substantiate concerns about overlooking, privacy and a loss of light.

 

Responding to questions about the lack of amenity space, the Development Management Team Leader reported that car parking and balconies were generally more sought after and had been maximised in this development.  Green space was available within reasonable walking distance of the application site.

 

The Chair invited comments from the committee.

 

The committee acknowledged residents’ concerns about the development, which brought much needed accommodation to the local area, but in a more intensive form than previously. 

 

It was noted that Watford Community Housing Trust had worked constructively with planning officers and local residents to agree a design approach.  As a result, a number of welcome changes had been made to the application.  It was hoped that the development would help rejuvenate the area.

 

Committee members remained concerned about anti-social behaviour in the area.  Although advised that Watford Community Housing Trust had gone beyond voluntary Secured by Design requirements, the committee considered that the Trust should take further steps to tackle anti-social behaviour issues.  This should include the installation of CCTV.

 

Some members of the committee continued to express reservations about the application, particularly its design which was considered to be oppressive, overbearing and out of character with the surrounding area.  In addition, they were concerned about the lack of children’s play space in the proposals, and the impact of the development on existing parking problems and on local schools and services.

 

The Chair invited Councillor Bell to propose a motion to refuse the application.  Councillor Bell proposed that the application be refused on the grounds that the design was oppressive, overbearing and out of character with the surrounding area.

 

On being put to the vote, the motion was LOST.

 

The Chair moved the officer recommendation.

 

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 secure a minimum of 19 of the units as affordable housing for affordable rent.

 

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:-

         

          0407 PL 010, 011, 020B, 100D, 101D, 102D, 103D, 104C, 110A, 200C, 201C, 202C, 300A     

         

3.      No removal of trees, scrub or hedges shall be carried out on the site between 1^st March and 31^st August in any year unless a suitably qualified ecologist has previously searched the trees, scrub or hedges and certified in writing to the Local Planning Authority that such works of removal may proceed.

 

4.      No construction works shall commence until full details and samples of the materials to be used for the external surfaces of the building (including walls, roofs, windows, doors, balconies) have been submitted to and approved in writing by the Local Planning Authority.

 

5.      No construction works shall commence until the following details have been submitted to and approved in writing by the Local Planning Authority:

i) details of the window reveals;

ii) details of the patterned brickwork on the north elevation;

iii) details of privacy screens at the northern end of the walkways at the eastern end of the building at first, second and third floor levels.

The development shall only be implemented in accordance with the approved materials.

 

6.      No construction works shall commence until details of a lighting scheme for the development have been submitted to and approved in writing by the Local Planning Authority.  The scheme shall be installed as approved prior to the first occupation of each phase of the development to which it relates.

 

7.       The development shall be carried out only in accordance with the approved surface water drainage assessment carried out by Price & Myers reference 25435 dated October 2016 and only in accordance with the following mitigation measures:

 

(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 run-off from the undeveloped site and not increase the risk of flooding off-site.

 

(ii)     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.

 

(iii)    Implementing appropriate SuDS measures as indicated on drawing no. 25435 with the use of attenuation tank and porous paving.

 

8.       No development shall take place until a detailed surface water drainage scheme for 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 1 in 100 year + 40% for climate change 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 engineered drawings of proposed SuDS features.

(ii)          Provision of a fully detailed drainage plan showing pipe diameters, pipe runs, outlet points and location of SuDS features and supporting calculations.

(iii)         Details of how the scheme shall be maintained and managed after completion.

 

9.      No individual dwelling or commercial unit shall be occupied until a detailed soft landscaping scheme for all the land within the site has 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 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.

 

10.    No individual dwelling or commercial unit shall be occupied until a detailed hard landscaping scheme for all the land within the site, including details of all site boundary treatments, has 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.

 

11.    No individual dwelling shall be occupied until the respective refuse and recycling facilities and cycle storage facilities to serve the dwellings, as shown on the approved drawings, have been constructed and made available for use. These facilities shall be retained as approved at all times.

 

12.    No commercial unit shall be occupied until the respective refuse and recycling facilities to serve the unit, as shown on the approved drawings, have been constructed and made available for use. These facilities shall be retained as approved at all times.

 

13.    No individual dwelling shall be occupied until the car parking accommodation, as shown on approved drawing no. 0407 PL 100D, has been provided and made available for use.  This parking accommodation shall be permanently retained and shall not be used for any other purpose than the parking of vehicles of occupants of the development or visitors to the site.

 

14.    No residential dwelling or commercial unit shall be occupied until the modified access junction on Louvain Way, as shown in principle on approved drawing no. 0407 PL 020B, has been laid out and constructed in full.

 

15.    The retail unit at the south-eastern corner of the building, shown on approved drawing no. 0407 PL 100D with a floor area of 190sqm, shall not be occupied until the servicing lay-by on Newhouse Crescent, as shown in principle on approved drawing no. 0407 PL 020B, has been laid out and constructed in full.

 

16.    No plant or equipment associated with the commercial units shall be sited on the external elevations of the building unless details of the plant or equipment have been submitted to and approved in writing by the Local Planning Authority. The details shall include size, appearance, siting and technical specifications relating to noise and odour control as appropriate.

 

17.    The commercial units within the development shall only be used for the following uses within the Town and Country Planning (Use Classes) Order 1987 (as amended), unless otherwise agreed in writing by the Local Planning Authority:

a)           A maximum of one unit shall be used as a taxi office (sui generis).

b)           A maximum of two units shall be used as hot food take-aways (Class A5).

c)            A maximum of one unit shall be used as a café (Class A3).

d)           A minimum of 4 units shall be used as retails shops (Class A1), including the largest unit at the south-eastern corner of the building with a floor area of 190sqm.

 

18.    No commercial unit shall be open to the public before 0700 hours or after 2300 hours on any day.

 

19.    No dwelling shall be occupied until details of a communal terrestrial television aerial(s) and satellite dish(es) have been submitted to and approved in writing by the Local Planning Authority.

 

20.    For the avoidance of doubt, and with the exception of the replacement antenna system shown on the approved drawings, no communications development permitted by Class A of Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 shall be undertaken on the building.

 

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 a minimum of 19 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.

 

3.      Before commencing the development the applicant shall contact Hertfordshire County Council Highways (0300 123 4047) to obtain i) their permission/requirements regarding access for vehicles involved in the demolition of the existing building; ii) a condition survey of any adjacent highways which may be affected by construction vehicles together with an agreement with the highway authority that the developer will bear all costs in reinstating any damage to the highway.

 

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

 

5.      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 (semeta.bloomfield@watford.gov.uk).

 

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 and commencing work without notifying the Council could forfeit any rights you have to appeal or pay in instalments and may also incur fines/surcharges.

 

6.      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.

 

7.      The applicant is advised to register the development with the Considerate Constructors Scheme in order to safeguard the amenities of neighbouring properties and the local environment during construction works.