Agenda item

Demolition of existing dwelling and erection of four 3-bed dwellings.

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 introduced the item, explaining that the application was for the demolition of an existing dwelling and the erection of four 3-bed dwellings.

 

Attention was drawn to the update sheet, which included a correction to the committee report.

 

The Chair invited Jonathan Messenger, a local resident, to speak against the application.  Mr Messenger advised that he had circulated his speech and some supporting photographs to committee members in advance of the meeting.

 

Speaking on behalf of residents on four surrounding roads to the application site, Mr Messenger stated that it was accepted that some development of the plot was inevitable.  However, residents objected to the current back garden application on a number of grounds:

 

·        height and prominence – the new development would be taller than neighbouring properties, which would give an oppressive outlook to surrounding dwellings

·        appearance and character – the proposed properties were of a contemporary attached, rather than semi-detached, design and would be out of keeping with the area

·        access arrangements – access would be via a narrow drive, which could not be navigated by refuse, emergency and delivery vehicles.  There would be no visitor parking

·        waste storage and collection – provision was inadequate and would see bins blocking the entrance on collection day raising safety concerns.

 

The Chair invited Carolyn Apcar, from Apcar Smith Planning, to speak in support of the application.  Ms Apcar explained that following the refusal of an earlier application, the applicant had gone back to basics to redesign the site in conformity with advice from planning officers and advisors.  The result was an application which complied fully with all relevant national and local planning policies and guidance.

 

Commenting on concerns raised by the first speaker, Ms Apcar drew the committee’s attention to the reduced height of the proposed dwellings over the previous application and changes to the roof form.  She also observed the lack of uniform design amongst the surrounding properties. 

 

Ms Apcar considered residents’ concerns about vehicular access, observing that despite the narrow access to the dwellings, Hertfordshire Fire & Rescue Services had raised no objection to the development.  Moreover, the Highway Authority had suggested that refusal on highway matters would be difficult to justify and also irresponsible.

 

The Chair invited Woodside Ward Councillor, Steve Cavinder, to speak to the Committee.  Concurring with the points raised by Mr Messenger, Councillor Cavinder considered this a poorly thought out application, which was a further back garden development of the type previously rejected by the committee.

 

Councillor Cavinder expressed particular concerns about poor vehicular access to the site, as well as the potential hazard of cars reversing out onto the highway; the inappropriate industrial design which would dwarf existing properties; and about the storage and collection of bins.

 

The Chair invited comments from the committee.

 

Committee members considered the range of issues which had been expressed by the speakers.  Whilst some continued to have reservations about the contemporary high design of the proposed dwellings, which was considered out of keeping with surrounding properties, it was accepted that design was a subjective issue and in this case could not form grounds for refusal.

 

There followed a lengthy discussion about two safety concerns identified by the committee.  First, the access road, which was too narrow for emergency and refuse collection vehicles and would not allow two cars to pass one another.  As a result, vehicles could be required to reverse onto the main road which would be a danger to highway users.  Second, the storage arrangements for bins, particularly on collection days when the bins would need to be moved to a collection point in the access road (within 25m from the High Road boundary), which could cause obstruction.

 

Committee members were concerned about the safety implications of these two issues and expressed some exasperation at the comments from the Highways Authority suggesting that a recommendation of refusal on highway matters would be irresponsible.

 

The Chair invited Councillor Johnson to propose a motion to refuse the application.  Councillor Johnson proposed that the application be refused on the grounds of safety due to the narrow nature of the access route to the development.

 

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

 

The Chair moved the officer recommendation.

 

RESOLVED –

 

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

 

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:-

         

P168_MS_01; P168_LP_01; P168_SP_01; P168_SP_02; P168_GA_01 Rev P1; P168_GA_02 Rev P1; P168_GA_03 Rev P1; P168_GA_04 Rev P1; P168_GA_05 Rev P1; P168_GA_06 Rev P1; P168_GA_07 Rev P1; P168_GA_08 Rev P1; P168_GA_09 Rev P1; P168_GA_10 Rev P1; P168_GA_11 Rev P1; P168_GA_12

 

3.      No construction works above damp proof course level shall commence until details of the materials to be used for all the external finishes of the buildings, including walls, roofs, doors, windows and balustrades, 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 construction works above damp proof course level shall commence until detailed drawings of the window and door reveals, brick detailing and capping to the external walls, 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 details.

 

5.      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.

6.      No construction works shall commence until details of tree protection measures, including details of the height, type and location of tree protection fencing to all retained trees on site and details of the no-dig area of construction within the root protection zone of existing tree T1 (as identified on drawing No. P168_GA_01 Rev P1), have been submitted to and approved in writing by the Local Planning Authority. The approved tree protection measures shall be implemented for the duration of the construction work, unless otherwise agreed in writing by the Local Planning Authority.

7.      No part of the development shall be occupied until full details of a hard landscaping scheme, including: details of the re-surfacing of the access road; details of a demarcated refuse/recycling bin collection area in the access road; details of all other hard surfaces within the site, which shall be of permeable construction; details of all site boundary treatments, including acoustic fencing to the access road adjoining Nos. 348 and 352 High Road, and all fencing or enclosures 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, unless otherwise agreed in writing by the Local Planning Authority.

8.      No part of the development shall be occupied until the scheme for parking has been laid out in accordance with drawing No. P168_GA_01 Rev P1 (or any subsequent amendment agreed in writing with the Local Planning Authority). The parking spaces shall be retained at all times thereafter.

 

9.      No part of the development shall be occupied until details of the siting, size and design of refuse, recycling and cycle storage facilities 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.

 

10.    The upper floor windows and rooflights in the north-western and south-eastern side elevations of the dwellings hereby approved shall either (i) be positioned at least 1.7m above the floor level of the room in which they are installed; or (ii) where the windows are less than 1.7m above the floor level of the room in which they are installed, the parts of the windows less than 1.7m above floor level shall be fixed closed and fitted with obscured glass at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

11.    No part of the development shall be occupied until details of the specification of the green roofs of the single storey rear projections (as shown on drawing No. P168_GA_03 Rev P1) and details of the siting and design of balustrades to prevent access to the green roofs have been submitted to and approved in writing by the Local Planning Authority and the green roofs and balustrades have been installed in accordance with the approved details. The green roofs and balustrades shall thereafter be maintained for the life of the development. The green roofs shall be accessed for maintenance only and shall not be used as a veranda, terrace or balcony.

 

12.    Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any modification or re-enactment thereof), no development permitted under Schedule 2, Part 1, Classes A or B of the Order shall be carried out to the dwellings hereby approved without the prior written permission of the Local Planning Authority.

 

13.    Notwithstanding Section 55(2) of the Town and Country Planning Act 1990 as amended, the void spaces at first floor level of the houses hereby approved, as shown on drawing No. P_168_GA_03 Rev P1, shall not be filled with additional floor space.

 

14.    No part of the development shall be occupied until details of lighting to the porches of each dwelling hereby approved have been submitted to and approved in writing by the Local Planning Authority and the lighting has been installed in accordance with the approved details. The lighting to the porches shall be maintained at all times thereafter.

 

Informatives

 

1.      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.

 

2.      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.

 

3.      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.

 

4.      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

5.      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.This is to minimise the impact of construction vehicles and to improve the amenity of the local area.

6.      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.

7.      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.

8.      Where works are required within the public highway to facilitate access 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. In relation to vehicle crossovers the applicant is advised to see the attached website. Vehicle crossover guidance http://www.hertsdirect.org/docs/pdf/d/vxo.pdf and to apply for vehicle crossover http://www.hertsdirect.org/services/transtreets/highways/hhonlineservices/vxo/

9.      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