Demolition of the existing office building and erection of a mixed-use building of 4, 9 and 14 storeys incorporating 1,800m of office floorspace (Class B1a) and 41 residential 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 introduced the item, explaining that the application was for the demolition of the existing office building and erection of a mixed-use building of 4, 9 and 14 storeys incorporating 1,800m² of office floorspace and 41 residential flats.

 

The application had been considered previously by the committee on 8 March 2017, when it was decided to defer a decision, pending full consideration of the developer’s viability report and rationale in regard to its offer of £368,000 for off-site affordable housing provision.

 

The Chair invited Adam Murray from Coda Planning to speak for the application.  Mr Murray described the lengthy discussions which had taken place with planning officers to agree an exciting, landmark development which would provide a near doubling of the current office accommodation available.

 

Referring to the viability report which had been received by the committee and addressing the £368,000 payment in lieu of affordable housing, Mr Murray advised that this sum had been achieved by reducing the developer’s profit margins.  The one-off payment, rather than a sliding scale arrangement, was intended to provide greater clarity and certainty for both sides.

 

The Chair invited comments from the committee.

 

Committee members welcomed the mixed-use design of the development within the town’s designated employment area.  This successfully combined modern, high quality office space on its lower floors with much needed housing on its upper storeys. 

 

However, committee members were mindful of the need for affordable housing in the borough and were frustrated by the developer’s claim that viability issues prevented adequate provision in the scheme.  It was noted that, according to the council’s own guidelines, the development should have provided 14 affordable dwellings.  The developer’s £368,000 payment in lieu of this provision was considered derisory.

 

The committee noted that the original contribution from the applicant had been £150,000.  Following an in depth analysis of the viability, this contribution was challenged by officers and was subsequently agreed by the applicant.   Committee members were aware that officers had proposed that the time limit for commencement of the development was two years, as opposed to the normal three years, so that the matter of viability would need to be reconsidered as part of any new application if the development were not commenced during that time.

 

Members of the committee questioned the profit levels enjoyed by the developer and the apparent lack of social responsibility this engendered.  The ability of developers to use viability as an excuse to avoid affordable housing provision was fuelling higher land prices.  As a consequence, Watford was becoming unaffordable for many workers.

 

Notwithstanding these arguments, the committee accepted that the application needed to be considered in accordance with adopted local and national planning policies.  There were no grounds for refusal.

 

The Chair moved the officer recommendation.

 

In accordance with Standing Committee Procedure Rules 4.5, Councillor Bell requested it be recorded that he abstained from voting for or against 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 financial contribution of £368,000 towards the provision of affordable housing in the Borough of Watford;

 

ii)         To secure a financial payment to the Council of £2,000 towards the variation of the Borough of Watford (Watford Central Area and West Watford Area) (Controlled Parking Zones) (Consolidation) Order 2010 to exclude the site from the controlled parking zone, thereby preventing residents’ parking permits being allocated to this site.

 

Conditions

 

1.         The development to which this permission relates shall be begun within a period of two years commencing on the date of this permission.

           

2.         The development hereby permitted shall be carried out in accordance with the following approved drawings:-

           

                        2259 (90) 001, 002

                        2259 (08) 001, 002, 003, 004, 005, 006, 007, 008, 009, 010

                        2259 (07) 001, 002, 003, 004, 005, 006   

           

3.         No construction works shall commence until a detailed noise mitigation scheme for the proposed flats (to include acoustic glazing, acoustic trickle vents and mechanical purge ventilation), to protect the future occupiers from noise from rail traffic on the adjacent railway line and the plant and equipment associated with the adjacent Holiday Inn Express and Egale office building, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall achieve the internal noise levels for individual rooms as set out in British Standard 8233: 2014.

 

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 and balconies) have been submitted to and approved in writing by the Local Planning Authority.

           

5.         No construction works shall commence until details of the window reveals for the office glazing and the windows to the flats have been submitted to and approved in writing by the Local Planning Authority. The development shall only be implemented in accordance with the approved materials.

 

6.         The development hereby permitted shall be carried out in accordance with the approved surface water drainage assessment carried out by JMP (ref. NW91602-FRA-01 dated July 2016) and the following mitigation measures detailed within the FRA:

 

i)          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.

ii)         Undertake the drainage as indicated on drawing titled ‘Conceptual Drainage Plan’ reference NW91602-DR-02.

iii)        Implement appropriate drainage strategy based on attenuation and discharge into Thames surface water sewer.

 

            The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

7.         No development shall take place until a detailed surface water drainage scheme for the site based on the approved Drainage Strategy and 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 1 in 100 year + 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.

 

i)          Detailed engineered drawings of the proposed SuDS features including their size, volume, depth and any inlet and outlet features including any connecting pipe runs.

ii)         Final detailed management plan to include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

8.         No impact 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.  Any piling must be undertaken in accordance with the terms of the approved piling method statement.

 

9.         If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until the developer has submitted to, and obtained written approval from, the Local Planning Authority for a remediation strategy detailing how this unsuspected contamination is to be dealt with. All works shall be carried out in accordance with the approved details.

           

10.       No part of the development shall be occupied until the refuse and recycling store to serve the development, as shown on the approved drawings, has been constructed and made available for use. This facility shall be retained as approved at all times.

 

11.       No part of the development 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.

 

12.       No part of the development shall be occupied until a detailed hard landscaping scheme for all the land within the site, including details of all site boundary treatments and external lighting, 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.

 

13.       No part of the development shall be occupied until details for the secure and weatherproof storage of 58 cycles (41 for residents of the flats and 17 for occupiers of the office floorspace) have been submitted to and approved in writing by the Local Planning Authority, and the facilities have been provided as approved. These facilities shall be retained at all times.

 

14.       The office floorspace shall not be occupied until a detailed Travel Plan, based upon the Hertfordshire County Council document 'Hertfordshire Green Travel Plan Guidance’, has been submitted to and approved in writing by the Local Planning.

 

15.       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.

           

16.       For the avoidance of doubt, no communications development permitted by Class B or Class C of Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 shall be undertaken on the building.

 

17.       No plant or equipment 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.

 

Informatives

 

1.         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.

 

2.         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.

 

3.         This planning permission is accompanied by a unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 to secure a financial payment towards the provision of affordable housing in the Borough and to exclude the development from the local controlled parking zone.

 

4.         All new developments 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.

 

5.         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 advice on the proposal and sought amendments during the application process.