Report of the Head of Development Management to consider an application for a two storey rear and part single storey rear extension, conversion from a single occupancy dwelling to a general practice doctors surgery.

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 a two storey rear and part single storey rear extension, conversion from a single occupancy dwelling to a general practice doctors surgery.

Attention was drawn to the update sheet which included an extra condition. 

The Chair invited Michael Finch, a resident, to speak against the application.  Speaking on behalf of residents on The Avenue and on Essex Road, Mr Finch questioned the need for the surgery to move, rather than adapt its existing premises.  The proposal was an overdevelopment which further encroached on the residential area, turning a private dwelling into a busy public space with car parking. 

Local residents were concerned about the impact of the surgery in terms of noise and privacy, particularly in regard to car parking which was deemed unnecessary in view of the availability of spaces in nearby car parks.  The car park would exacerbate localised congestion problems, particularly at peak times

Mr Finch suggested that there would be pressure on the surgery to extend its business hours as patient demand for longer hours was accommodated.  This would inconvenience further the amenity of local residents.

The Chair invited Ammar Ahmad, the applicant, to speak for the application.  Dr Ahmad described the history of this well-established practice, which had outgrown its current premises.  Care Quality Commission guidance required accommodation which facilitated easier access for elderly and disabled patients. 

The application was supported by NHS England, as well as by the surgery’s patient group and local residents, who had been surveyed and had overwhelmingly welcomed the proposal to maintain a doctor’s surgery in the near vicinity of the existing premises.

Dr Ahmad advised that no increase in opening hours was envisaged by the practice, which had not been identified as one of the hub surgeries covering out of hours demand in the local area.

The Chair invited comments from the committee.

Members of the committee acknowledged the failings of the surgery’s current premises, which were cramped and lacked proper access for elderly and disabled patients.  The need and desire for the surgery to remain in the locality were evident and it was noted that the principle of a doctor’s practice in a residential area was acceptable.  Moreover, there was a shortage of healthcare facilities in the town.

Although the size and bulk of the extension were considerable, committee members felt that the changes would not impact on the street scene and would bring significant benefit to patients.  However, it was agreed that there was a need to check the commercialisation of residential roads in the town. 

Committee members questioned the need for car parking facilities at the surgery, which would become filled quickly by the facility’s employees.  It was important to ensure that noise mitigation measures surrounding the access road and car parking areas were strictly enforced to reduce the impact on neighbouring properties.

Despite residents’ concerns about increased traffic generated by the development, the committee noted that the county council had not objected on traffic grounds. 

The Chair moved the officer’s recommendation, including the additional condition set out in the update sheet.

RESOLVED –

that planning permission begranted subject to the conditions listed below:

 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, unless otherwise approved in writing by the Local Planning Authority.  The following drawings are hereby approved: Site Location Plan 1:1250, Site Block Plan 1:500, 505 042 001A, 505 042 101B, 505 042 201B, 505 042 210A, 505 042 205B and J7/01166.

3.        Prior to the commencement of the development, details of the size, type, siting and finish of refuse storage enclosures for the premises shall be submitted to and approved in writing by the Local Planning Authority. The stores approved under this condition shall be installed and made available for use prior to the commencement of the approved use, they shall be retained at all times for refuse only and shall not be used for any other purpose.

4.        Prior  to the commencement of the development, details of a means to secure the access to the rear parking area shall be submitted to and approved in writing by the Local Planning Authority. The security measures approved under this condition shall be installed and made available for use prior to the commencement of the approved use and they shall be retained in operational order at all times unless otherwise approved in writing by the Local Planning Authority.

5.         Notwithstanding the details already submitted, all new and replacement hard surfacing shall be either of a porous material, or provision is made to direct run-off water from the hard surfacing to a permeable or porous area or surface within the curtilage of the site.

6.         The soft landscaping proposals shall be implemented as shown on approved drawing number 505042205B, in the first available planting season following the completion of the development.  Any new plants 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. 

7.         All the external surfaces of the extension and works to the building shall be finished in materials to match the colour, texture and style of the existing building. In the event of matching materials not being available, details of any alternative materials shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the development shall only be carried out in accordance with any alternative details approved by this Condition.

8.         The use hereby permitted shall not be operated until the boundary acoustic fencing has been installed in accordance with the approved specification and as shown in approved drawings J7/01166 and 505042205B. This shall be retained and maintained as such unless otherwise approved in writing by the Local Planning Authority.

9.         The use hereby permitted shall not be operated until the car parking, drop off area and cycle storage as shown in approved drawing 505042205B has been installed and made available for use. These facilities shall be retained as such unless otherwise agreed in writing by the Local Planning Authority.

10.       The use hereby permitted shall not be operated on these premises before 8:30am or after 6pm Monday to Friday and not at all on Saturdays, Sundays and Bank Holidays unless otherwise approved in writing by the Local Planning Authority.

 11.      The premises shall be used only as a General Practice Doctors Surgery within Use Class D1 and shall be used for no other purpose, including any other purposes within Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, as amended by the Use Classes (Amendment) Order 2005 unless otherwise approved in writing by the Local Planning Authority.

12.       The first floor windows in the north-west and south east side elevations of the development shall be installed and retained with obscure-glazing, and shall be non-opening other than in parts of the windows which are more than 1.7 metres above the floor of the room in which the window is installed.

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 2015.

2.         The application details the intention to convert the existing Practice Surgery at No 36 back to residential use. The applicant is advised that planning permission would be required for any such development at No36 and this is not included in this application.

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.        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

6.         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 in the highway. This is to minimise the impact of construction vehicles and to improve the amenity area.

7.         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.

8.         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.

9.         The applicants’ attention is drawn to condition 10 which limits the hours of use of the surgery to those proposed in the application. Prior written consent would be required to extend these hours of use. The applicant is however advised that due to the predominantly residential nature of the context, the extension of the hours of use to early morning, late evening or weekends is unlikely to be acceptable.