Agenda item

16/01310/FULM Land off Tolpits Lane

Residential development comprising 36 one and two bed flats and 40 short term accommodation units, with associated landscape, parking and public realm improvements, incorporating a new highway junction on to Tolpits Lane and amendments to the existing cycle way.

Minutes:

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 the application was for a residential development comprising 36 one and two bed flats and 40 short term accommodation units with associated landscape, parking and public realm improvements, incorporating a new highway junction onto Tolpits Lane and amendments to the existing cycle way.  Two further letters of objection had been received by planning officers since the report had been published.

 

Application 16/01310/FULM had been considered by the committee on 14 December 2016, however a decision had been deferred.  The Chair noted that the applicant was a new joint venture partnership between Watford Borough Council and Watford Community Housing Trust.

 

The Chair invited Gareth Lewis from Watford Community Housing Trust to speak in support of the application.  Mr Lewis welcomed the revised report to the Development Management Committee, which had responded clearly to the reasons for deferral when the application was last considered on 14 December 2016.

 

Mr Lewis outlined the need to respond urgently to local housing pressures.  Considering the residential housing mix in the application, he advised that whilst the current proposal was for one and two bedroom units, it was hoped that subsequent applications would address the need for three or more bedroom properties in the borough.  At least 35% of the flats would be affordable in line with Watford Borough Council’s agreed policy.

 

Numerous discussions had been held with residents, stake holders and officers to ensure that their concerns had been taken into account in the final design of the residential and temporary accommodation blocks.  This had resulted in various improvements to inter alia the height of the blocks, their fenestration, layout and landscaping as well as practical concerns surrounding pedestrian access through and around the site.  Mr Lewis advised that considerable care had also been taken to protect the local ecology.

 

The Chair invited Holywell Ward Councillor, Matt Turmaine, to speak to the committee.  Councillor Turmaine outlined the strength of concern amongst local residents about the proposed development.  Despite public consultation, there was a view that their voices had not been heard, particularly in regard to issues of access, disruption to residents during construction, local traffic management and environmental impacts on the site. 

 

Councillor Turmaine reported that many of these concerns had been picked up in the report. 

 

In a clarification by the Principal Planning Officer, the committee was advised that the new development would form a cul de sac with connection only to Tolpits Lane; there would be no access via Latimer Close.  In addition, a construction environmental management plan would be put in place to mitigate any disturbance to local residents during the construction phase.

 

The Principal Planning Officer also confirmed that, whilst the report referred to the possibility that the industrial estate adjacent to the proposed development could be allocated as a waste site, this was not a current proposal.  It would require a separate application to proceed.

 

Responding to questions about a possible bus route, the Head of Development Management advised that this was an aspiration by Hertfordshire County Council under its transport initiative.  As such, there was provision in the planning application for the junction with Tolpits Lane to be arranged to accommodate buses.

 

The Chair invited comments from the committee.

 

Some members of the committee continued to express concerns about the application, particularly its location, design and impact on the local ecology and transport infrastructure.  They also questioned whether it was acceptable to approve a development application sited only 22m from existing dwellings when the design guidance set out in the Residential Design Guide considered 27.5m to be desirable.

 

Commenting on the separation distances, the Principal Planning Officer advised that the Residential Design Guide recommended that in general a back to back separation distance of 27.5m should be maintained.  However, in some cases 22m could be adequate.  Additional planting had been proposed on the boundary of the site adjacent to the dwellings on Latimer Close.  This would reduce overlooking and provide greater privacy to residents.

 

There was some discussion about the number of affordable units and the housing mix.  Whilst the number of affordable units was compliant with Watford Borough Council’s 35% affordable housing policy, this was considered disappointingly low by some committee members.  They also expressed concern about the lack of family accommodation, for which there was acute need in the borough.

 

Other members of the committee welcomed the greater clarity provided by the current committee report, which showed a series of improvements which had been made to the application over time.  Acknowledging the concerns and fears of local residents, they underlined the presumption in favour of development and the desperate need for housing, including temporary accommodation, in Watford.

 

They considered the development to be in a sustainable location, with access to two existing bus routes and the prospect of the new Cassiobridge Station on Ascot Road (part of the Metropolitan Line extension project) only a 10 minute walk away.  Shops and schools were also available within easy reach.

 

The Chair moved the officer recommendation, subject to an amendment to Condition 5 to address the negative impact of external lighting on the local ecology and neighbourhood amenity by the Head of Development Management.

 

It was noted that Councillors Bashir, Bell and Joynes abstained.

 

RESOLVED –

 

That 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 and documents, unless otherwise approved in writing by the Local Planning Authority: 

 

Drawing 0453 PL 001

Drawing 0453 PL 010 revision C

Drawing 0453 PL 120 revision A

Drawing 0453 PL 150

Drawing 0453 PL 160

Drawing 0453 PL 170

Drawing 0453 PL 171

Drawing 0453 PL 200 revision B

Drawing 0453 PL 201 revision A

Drawing 0453 PL 250 revision B

Drawing 0453 PL 300 revision A

Drawing 0453 PL 700 revision A

Drawing 0453 PL 701 revision A

Drawing 0453 PL 702 revision A

Drawing 0453 PL 703

Drawing 0453 PL 704

Drawing CVW-ALA-00-ZZ-PL-0001 revision PL1 

Drawing CVW-ALA-00-ZZ-PL-0002 revision PL1  

Drawing CVW-ALA-00-ZZ-PL-0003 revision PL1 

Drawing CVW-ALA-00-ZZ-PL-0004 revision PL1 

Design and Access Statement including 2 page addendum document (rev A)

Noise Exposure Assessment Report 11555-NEA-01

Urban Wildlife Extended Phase I Survey

Outline Ecological Mitigation Recommendations report

Tree Survey - Opus B55837

Report on Ground Investigation

Flood Risk Assessment ref 1000003309-FRA

Sustainable Drainage Strategy Statement ref 1000003309-SUDS

Transport Statement 

Affordable Housing Statement

 

3                    No work shall commence above the level of the damp-course until full details of the bricks, the window frames and doors, and the roofing materials have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

 

4                    The development shall not be occupied until details of the design and paving of the street and the car parking areas has been submitted to and approved in writing by the Local Planning Authority. 

 

5                    No external lighting shall be installed unless it has been approved in writing by the Local Planning Authority.  Any details submitted for approval shall include the position, height and angle of the lighting, the maximum level of illumination in candelas per square metre, and an assessment of its likely impacts on the safety of passing traffic and on the amenity of neighbouring premises and on the environment.

 

6                    The development shall not be occupied until details of refuse and recycling stores, secure and weatherproof bicycle stores, and boundary treatments has been submitted to and approved in writing by the Local Planning Authority.  No refuse or recycling bins shall be located in positions other than those approved by that scheme. 

 

7                    No part of the flat roof of the development hereby permitted shall be used as a terrace, balcony or other open amenity space.

 

8                    No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water.  Any piling must be undertaken in accordance with the terms of the approved piling method statement.

 

9                    No development shall commence within the site until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. This Plan shall include details of temporary access for construction vehicles, contractors’ parking, the delivery and storage of materials and equipment, measures to mitigate noise and dust, wheel washing facilities, and a contact procedure for complaints. The Plan as approved shall be implemented throughout the construction period. 

 

10               No removal of hedgerows, trees or shrubs shall take place between 1 March and the 31 August inclusive, unless a report by a competent ecologist has been submitted to and approved in writing by the Local Planning Authority setting out details of any active birds’ nests on site, and of what appropriate measures are proposed to protect nesting birds on site.  Any removals of trees, shrubs or hedges during that period shall be carried out in accordance with the approved report.

 

11               No development shall commence on the site until a detailed mitigation strategy has been submitted to and approved in writing by the Local Planning Authority, setting out how protected species of wildlife are to be removed from the site, how and where they are to be resettled, and how they are to be discouraged from re-entering the site during construction works.  Thereafter the development shall be carried out in accordance with the approved details.

 

12               No works which include the creation of trenches or culverts or the presence of pipes shall commence until measures to protect badgers from being trapped in open excavations and/or pipe culverts are submitted to and approved in writing by the local planning authority. The measures may include:

 

a)   Creation of sloping escape ramps for badgers, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day.

b)   Open pipework greater than 150mm outside diameter being blanked off at the end of each working day. 

 

13        No construction work shall commence on site until a Site Waste Management Plan has been submitted to and approved in writing by the Local Planning Authority. 

 

14        The landscaping proposals that are set out on the following drawings shall be implemented, as shown, in the first available planting season following the completion of the development.  The drawings are: CVW-ALA-00-ZZ-PL-0001 revision PL1 and CVW-ALA-00-ZZ-PL-0002 revision PL1 and CVW-ALA-00-ZZ-PL-0003 revision PL1 and CVW-ALA-00-ZZ-PL-0004 revision PL1.  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. 

 

15        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.

 

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 14 December 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          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.

 

4          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

 

5          A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. Thames Water would expect the developer to demonstrate what measures they will undertake to minimise groundwater discharges into the public sewer.  Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 02035779483 or by emailing wwqriskmanagement@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality.

 

6          The applicant is reminded that, in addition to the need to comply with the conditions of this planning permission, it is a legal requirement that a licence be obtained from Natural England before disturbing protected species of wildlife.

 

7          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.

 

Supporting documents: