Demolition of 37 Bucks Avenue and equestrian facility, removal of hardstanding, ménages, buildings and structures and the redevelopment of the site to include 24 dwellings (including 8 affordable dwellings), all to be served by modifying the existing access from Bucks Avenue/Sherwoods Road (amended scheme). (Duplicate application to Hertsmere Borough Council)

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 this was a duplicate application to Hertsmere Borough Council for the demolition of 37 Bucks Avenue and equestrian facility and the redevelopment of the site to include 24 dwellings (including 8 affordable), to be served by modifying the existing access from Bucks Avenue/Sherwoods Road (amended scheme).

It was noted that the part of the development falling within the jurisdiction of Watford Borough Council as the Local Planning Authority was the modified access and the first 13m of the access road within the site.  As such, only matters relating to the access were relevant planning considerations.  All other aspects of the proposal fell under the jurisdiction of Hertsmere Borough Council, which had granted planning permission for the proposed development at its meeting on 16 March 2016. 

Attention was drawn to the update sheet, which included a corrected drawing reference and listed the additional representations received.

The Chair invited Kim Baxter from Oxhey Village Environment Group (OVEG) to speak against the application.  Ms Baxter outlined residents’ concerns about the highway, which had recently seen a minor vehicle collision.  Residents considered that too little attention had been given to the highway issues affecting the development and it was questioned whether Hertfordshire County Council had, in fact, ever visited the site to take accurate measurements of the access from Bucks Avenue/Sherwoods Road.

Listing the exact measurements of the access road and referring to the National Joint Utilities Group guidance, Ms Baxter suggested that good practice required greater consultation between the utility companies regarding service margins, which would then inform discussions with the emergency services regarding safe access.  In the absence of any such consultation, Ms Baxter urged the committee to refuse or defer the application pending further consideration of the issues.

The Chair invited Graham Bellamy on behalf of Clovercourt Fusion to speak to the committee.  Mr Bellamy explained that he was the highways consultant to the applicant and drew the committee’s attention to the existence of a full transport statement which had accompanied the application.  This had been considered by the Hertfordshire County Council. 

Mr Bellamy explained that the new development would result in a relatively small number of additional vehicle movements.  The proposed gateway design was an improvement on the existing access and would control speed to the benefit of neighbours and other road users.  It would also provide sufficient access for large vehicles.  As such, there were no credible grounds to refuse planning permission.

The Chair invited Oxhey Ward Councillor, Peter Taylor, to speak to the committee.  Reiterating the concerns of residents, Councillor Taylor suggested that the layout of the road was dangerous and liable to cause an accident as had been seen recently. 

Since the safety of residents was the primary concern of councillors, he considered it prudent to defer any decision pending proper consultation with and between the utilities and emergency services regarding safe access to the development.

The Chair invited comments from the committee. 

Whilst the committee acknowledged that the access to the approved development in Hertsmere was sited at a difficult intersection of roads, it was apparent that no objections had been raised by Hertfordshire County Council as the Highways Authority or by Hertfordshire Fire and Rescue Service.

In a clarification by the Head of Development Management, the committee also noted that highway engineers from Hertfordshire County Council had visited the site.

Having been advised that servicing issues were not material planning considerations and should not therefore form part of the committee’s decision making on this application, members of the committee considered that there were no grounds for deferral or refusal.

The Chair moved the officer recommendation.

In accordance with Standing Committee Procedure Rules 4.5, Councillor Sharpe requested it be recorded that he voted against the officer recommendation.

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 hereby permitted shall be carried out in accordance with the following approved drawings:-

            16-P1329-LP-A

            16-P1329-01C, 11C, 16C

            4933/001A               

3.         No development shall commence until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. (The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under Section 38 of the Highways Act 1980 or a Private Management and Maintenance Company has been established).

4.         No occupation of any dwelling forming part of the development shall be occupied until the existing vehicular access on Bucks Avenue has been upgraded as indicated on drawing number 4933/001A. This shall include provision for surface water to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway, together with any necessary adjustments to the drainage system on the adjoining public highway.