Redevelopment of the site to provide 95 residential dwellings with associated landscaping, amenity space, access and parking

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 (SH) explained that this application proposed the erection of 95 residential dwellings with associated landscaping, amenity space, access and parking.

 

The Chair invited Charles Bennett, a local resident, to speak against the application.  Mr Bennett argued that the development required both a more strategic view and greater regard for the requirements of local residents.

 

Raising two major concerns, Mr Bennett argued that the scale of the development was out of keeping with the area and should be reduced in height from six to four storeys.  In addition, residents were concerned about the detrimental impact of the development on local roads and parking.  It was acknowledged that these could be alleviated with the completion of proposed MLX, but the delivery of this project remained uncertain.

 

Residents were concerned about noise and disruption during and after the construction phase and Mr Bennett argued the need to monitor the impact on residents’ quiet enjoyment.  He also suggested the introduction of more local shops and services in the area and raised concerns about the potential for increased anti-social behaviour.

 

The Chair invited Nick Green from Savills to speak for the application.  Mr Green placed the proposed development in the context of the wider Watford Health Campus masterplan, following the completion and opening of Thomas Sawyer Way and Trade City Watford. 

 

The scheme was well-designed and had the support of Design South East.  It exceeded all privacy and separation policies.  Parking provision complied with Watford Borough Council’s standards and was supported by Hertfordshire County Council.

 

Mr Green advised that the affordable housing provision was a little under the council’s target at just over 30%.  This reflected the complex viability appraisal agreed with the council’s consultants which had taken into account inter alia the need for some clean-up of the site and costs associated with the delivery of Thomas Sawyer Way.  Mr Green advised that any savings during construction would be used to increase the affordable accommodation provision.

 

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 (SH) explained that this application proposed the erection of 95 residential dwellings with associated landscaping, amenity space, access and parking.

 

The Chair invited Charles Bennett, a local resident, to speak against the application.  Mr Bennett argued that the development required both a more strategic view and greater regard for the requirements of local residents.

 

Raising two major concerns, Mr Bennett argued that the scale of the development was out of keeping with the area and should be reduced in height from six to four storeys.  In addition, residents were concerned about the detrimental impact of the development on local roads and parking.  It was acknowledged that these could be alleviated with the completion of proposed MLX, but the delivery of this project remained uncertain.

 

Residents were concerned about noise and disruption during and after the construction phase and Mr Bennett argued the need to monitor the impact on residents’ quiet enjoyment.  He also suggested the introduction of more local shops and services in the area and raised concerns about the potential for increased anti-social behaviour.

 

The Chair invited Nick Green from Savills to speak for the application.  Mr Green placed the proposed development in the context of the wider Watford Health Campus masterplan, following the completion and opening of Thomas Sawyer Way and Trade City Watford. 

 

The scheme was well-designed and had the support of Design South East.  It exceeded all privacy and separation policies.  Parking provision complied with Watford Borough Council’s standards and was supported by Hertfordshire County Council.

 

Mr Green advised that the affordable housing provision was a little under the council’s target at just over 30%.  This reflected the complex viability appraisal agreed with the council’s consultants which had taken into account inter alia the need for some clean-up of the site and costs associated with the delivery of Thomas Sawyer Way.  Mr Green advised that any savings during construction would be used to increase the affordable accommodation provision.

 

The Chair thanked the speakers and sought comments from the committee.

 

Members broadly welcomed the proposed development, which whilst different to the original masterplan was deemed a preferable solution addressing better the constraints of the site. 

 

Although the affordable housing provision fell short of the council’s 35% target, with greater focus on shared ownership rather than affordable housing, committee members accepted that there were plausible site specific explanations in this case.  This included the cost of providing the new road (Thomas Sawyer Way) and extensive remedial works on the health campus site (now to be known as Riverwell).  It was also commented that although shared ownership formed part the council’s current policy, this was something that should be looked at for future developments as it was not necessarily the right produce in the current housing climate.

 

During discussions, some members of the committee raised concerns about the development, although it was noted that other questions had been resolved as a result of the site visit undertaken with the planning officer prior to the meeting.  The outstanding concerns related mainly to the potential impacts on adjacent residential areas, particularly in regard to increased traffic levels and to parking. 

 

The Principal Planning Officer clarified that traffic assessments had been carried out and that Hertfordshire County Council Highways Department had not raised any objections to the proposal on highways grounds.  In addition, mitigation measures had been agreed, notably new junction improvement schemes on some local roads and traffic signalling improvements to Junction 5 of the M1 motorway.

 

The committee noted that it was agreed council policy on major development areas that no Community Infrastructure Levy (CIL) charge would be made on the development.  However, it was acknowledged that in this case the developer had faced significant upfront costs in regard to the delivery of Thomas Sawyer Way and in treating contaminated land on the site.  The developer had also agreed a section 106 obligation which inter alia would provide for a two form entry primary school within another part of the Health Campus site.

 

Members of the committee queried measures taken to protect local wildlife, specifically to determine the existence of a local badger colony, and ecology on the site.  The Principal Planning Officer confirmed that condition 17 of the report set out the requirements for a badger activity survey prior to development.

 

The Chair moved the officer’s 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)                    Securing fire hydrants;

ii)                  Securing 29 of the units as affordable housing;

iii)                The agreement of Hertfordshire County Council to legally relinquish their option on the School Land (2,617sqm land zone at Willow Lane previously marked for the expansion of Laurance Haines School) and Additional School Land (land comprising no more than 1000sqm on Harwoods Recreation Ground) on completion of the agreement;

iv)                Watford Borough Council to transfer the freehold of 0.9hectares of developable land for the purposes of a two form entry primary school. The land is to be fully remediated and serviced prior to the transfer and suitable access to the site will be provided prior to the transfer;

v)                  The Land identified in (iv) to be transferred by Watford Borough Council to Hertfordshire County Council for the sum of £2,250,000;

vi)                Securing a financial contribution of £274,556towards the provision of primary education facilities;

vii)              Securing a financial contribution of £36,930 towards the provision of secondary education facilities;

viii)            In the event that the actual Building/Construction Costs are less than the applicant’s estimated Building/Construction Costs an overage payment will be made to Watford Borough Council to be used for affordable housing up to a ceiling cap of £386,516.

 

Conditions

 

Time Limit

 

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

           

            Approved Drawings

 

2.         The development hereby permitted shall be carried out in accordance with the following approved drawings: A2-001 Rev 2 – amended plan received 30.06.17; A2-002 Rev 2 – amended plan received 30.06.17; A1-001 Rev 9 – amended plan received 30.06.17; A1-002 Rev 5 – amended plan received 30.06.17; A1-101 A Rev 7 – amended plan received 21.04.17; A1-101 B Rev 1 – additional plan received 21.04.17; A1-102 Rev 5 – amended plan received 21.04.17; A1-103 Rev 7 – amended plan received 12.05.17; A1-151 Rev 2 – amended plan received 03.04.17; A1-152 Rev 01; A1-401 Rev 4; A1-402 Rev 3; A1-403 Rev 1; L-200 Rev N – amended plan received 30.06.17; L-700 Rev H – amended plan received 30.06.17; MBSK170403-1; MBSK170403-2; MBSK170403-3; MBSK170403-4; MBSK170403-5.

           

            External Materials and Finishes

 

3.         Notwithstanding the information already submitted, 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 all walls, roofs, doors, windows, balconies, rainwater and foul drainage goods (including samples where considered necessary by the Local Planning Authority) and details of the reveal treatment to be applied around windows and doors 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.

 

External Lighting

 

4.                  None of the units hereby approved shall be occupied until a scheme detailing the external lighting to be installed within the site (including free standing light fixtures and any external lighting attached to the buildings) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall:

 

a)            Identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

 

b)      show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specification) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

 

All external lighting shall be installed prior to the first occupation of the development in accordance with the specifications and locations set out in the scheme, and shall be maintained thereafter in accordance with the approved scheme. Under no circumstances should any other external lighting be installed without the prior written approval of the Local Planning Authority.

 

Surface Water Management

 

5.         The development permitted by this planning permission shall be carried out in accordance with the approved Outline Drainage Strategy carried out by Waterman Infrastructure & Environment Limited (document reference WIE11284-101-R-5-3-1-YN – dated February 2017), and the following mitigation measures;

 

1.     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.

2.     Implementing appropriate drainage scheme based on discharge to public sewer.

3.     Limiting the surface water run-off generated by the 1 in 100 year + climate change critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site.

4.     Implementing appropriate Sustainable Drainage System (SuDS) measures as shown on the proposed drainage layout drawing reference 0001 Rev A05 and to include permeable surfacing, filter trench, raingarden/bio retention system and tree pits.

 

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.

 

6a.       No development shall take place until a detailed surface water drainage scheme for the site based on the approved Outline 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 scheme 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.

 

The scheme shall include;

 

1.            Detailed drawings of the proposed SuDS (Sustainable Drainage Systems) features including their size, volume, depth and any inlet and outlet features including any connecting pipe runs.

 

2.            Routes of exceedance to be identified for rainfall events that exceed the 1 in 100 year + climate change event.

 

6b.      Upon completion of the drainage works an updated management and maintenance plan for the all the SuDS features and structure must be submitted to and approved in writing by the Local Planning Authority and shall include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

            Piling and Foundations

 

7.         No piling or other foundation designs using penetrative methods shall take place until a method statement (detailing the depth and type of piling and/or foundations to be undertaken and the methodology by which such piling/foundations will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, measures to prevent harm to groundwater resources and the programme for the works) has 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.

 

Refuse, Recycling and Cycle Storage

 

8.         No part of the development shall be occupied until the refuse, recycling and cycle storage to serve the development, as shown on the approved drawings, has been constructed and made available for use. These facilities shall be retained as approved at all times.

 

            Hard and Soft Landscaping and Children’s Play Space

 

9.                  The hard and soft landscaping and children’s play area shall be carried out in accordance with the details shown on Drawings: L-200 Revision N (amended plan received 30.06.17) and L-700 Revision H (amended plan received 30.06.17). With the exception of the proposed planting, all works shall be completed prior to the first occupation of any part of the development. The proposed planting shall be completed not later than the first available planting and seeding season after the first occupation of any part of the development. For the purposes of this condition a planting season is the period from 1 October in any one year to 31 March in the following year. 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 in writing by the Local Planning Authority.

           

            Means of Enclosure

 

10.             Notwithstanding the information already submitted, none of the units hereby approved shall be occupied until details of the siting, height, type, materials and finish of all fencing, walls, gates or other means of enclosure around the boundaries of the site and within the site have been submitted to and approved in writing by the Local Planning Authority. All fencing, walls, gates or other means of enclosure shall be provided in accordance with the approved details prior to the first occupation of any part of the development and shall be maintained as such at all times thereafter. Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) no gates or means of enclosure, other than those approved under this condition, shall be erected or installed on the site without the prior written approval of the Local Planning Authority.

 

            Photovoltaic Panels

 

11.       The photovoltaic (PV) panels shall be provided in accordance with the details shown on Drawing A1-152 Revision 01. In the event of the approved PV panels not being available, details of any alternative PV panels (including their type, size, height, siting and layout) shall be submitted to and approved in writing by the Local Planning Authority prior to their installation and the development shall only be carried out in accordance with any alternative details approved by this condition.

 

Parking, driveway and manoeuvring layout

 

12.       None of the units shall be occupied until the access road, on-site parking (including those served by electric charging points) and manoeuvring areas havebeen laid out and constructed in accordance with the approved drawings and made available for use. These facilities shall be retained as approved at all times.

 

Obscure glazing

 

13.             The following windows shall be permanently fixed closed below 1.7m internal floor level and shall be fitted with obscured glass at all times unless otherwise agreed in writing by the Local Planning Authority:

 

(i)     All proposed ground, first, second, third and fourth floor windows on the northeast-facing elevation of the building referred to as Block B on the drawings hereby approved;

 

(ii)               All proposed windows on the southwest-facing elevation of the building referred to as Block B on the drawings hereby approved with the exception of those serving the communal corridors;

 

No use of flat roofs

 

14.       No parts of the flat roofs of the development, with the exception of those areas marked as terraces on the drawings hereby approved, shall be used as terraces, balconies or other open amenity spaces.

 

Levels

 

15.       Notwithstanding the information already submitted, no construction of the approved buildings shall commence until detailed plans showing the existing and new or altered ground levels within the site and the floor levels of all the proposed buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the details approved under this condition.

 

Tree Protection Measures

 

16.       No works of development comprising site preparation or construction shall commence until the tree protection fencing detailed within the Arboricultural Impact Assessment, prepared by Middlemarch Environmental (Report No. RT-MME-124281-02 Rev A – dated January 2017), has been erected on the site. No works shall take place within the protected areas until a method statement detailing the works to be undertaken and the methods to be used have been submitted to and approved in writing by the Local Planning Authority. Works within the protected areas shall only be undertaken in accordance with the approved method statement.

 

Badger Protection

 

17.       No development shall commence until a badger activity survey has been carried out within the site by a licensed ecologist. A report of the findings including a suitable mitigation strategy if required, should active badger setts be found, shall be submitted to the Local Planning Authority for approval in writing prior to the commencement of the development. The development shall be carried out in accordance with the approved details including any mitigation strategy where necessary.

 

Archaeology

 

18.      No development shall commence until an Archaeological Written Scheme of Investigation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include an assessment of archaeological significance and research questions; and:

 

1.      The programme and methodology of site investigation and recording;

2.      The programme and methodology of site investigation and recording as suggested by the archaeological evaluation;

3.      The programme for post investigation assessment;

4.      Provision to be made for analysis of the site investigation and recording;

5.      Provision to be made for publication and dissemination of the analysis and records of the site investigation;

6.      Provision to be made for archive deposition of the analysis and records of the site investigation;

7.      Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.

 

The development shall only take place in accordance with the programme of archaeological works set out in the approved Written Scheme of Investigation. No part of the development shall be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the approved Written Scheme of Investigation and the provision made for analysis and publication where appropriate.

                         

Contamination

 

19.                   No development shall commence until a remediation strategy to deal with the risks associated with contamination of the site has been submitted to and approved in writing by the Local Planning Authority. This strategy shall include the following components:

 

1.      A site investigation scheme, based on the Preliminary Environmental Risk Assessment prepared by Waterman Infrastructure & Environment Limited (document reference: WIE11284-100-R-4-2-3-PERA, Issue: 4-2-3, dated January 2017) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

2.      The results of the site investigation and the detailed risk assessment referred to in (1) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

3.      A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Any changes to these components require the prior written consent of the Local Planning Authority. The scheme shall be implemented as approved.

 

20.       If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall be implemented as approved.

 

21.       No part of the development shall be occupied until a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation has been submitted to, and approved in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

 

22.      No infiltration of surface water drainage into the ground is permitted other than with the prior written consent of the Local Planning Authority.

 

Noise Mitigation Measures

 

23.       None of the units hereby approved shall be occupied until the window sound insulation measures, as specified in section 8.1 of the Residential Planning Noise Assessment prepared by Ion Acoustics Limited (document reference A1091 R01a, dated 6^th February 2017), have been carried out.

 

24.       No construction worksabove damp proof course level shall commence until details of a system(s) for mechanical ventilation serving the new buildings have been submitted to and approved in writing by the Local Planning Authority. The approved system(s) shall be installed and shall be fully operational prior to the first occupation of the development and shall be maintained as such at all times thereafter.

 

Satellite Dishes and Aerials

 

25.      None of the units 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. No aerials or satellite dishes, other than those approved by this condition, shall be installed within the site.

 

            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.         This planning permission is accompanied by a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 to secure land for a new school, affordable housing provision, fire hydrant provision and contributions towards primary and secondary education.

 

3.         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.

 

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.         The applicant is advised that the storage of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority before construction works commence. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

 

6.         It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

 

7.         It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

 

8.                 All works to be undertaken on the adjoining highway shall be constructed to the satisfaction and specification of the Highway Authority, by an approved contractor, and in accordance with Hertfordshire County Council’s publication "Roads in Hertfordshire - Highway Design Guide (2011)". Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

 

9.                  You are advised that appropriate arrangement should be made within the site to provide for:

 

a.             Servicing and Delivery associated with the construction

b.            Parking for workers and contractors associated with the construction

c.             Wheel washing to prevent the spread of debris onto the public highway.

 

            Failure to make such provisions may be contrary to the Highways Act and/or require a separate licence from the Local Highway Authority.

 

10.             The developer is to submit directly to Network Rail, a Risk Assessment and Method Statement (RAMS) for all works to be undertaken within 10m of the operational railway under Construction (Design and Management) Regulations, and this is in addition to any planning consent. Network Rail would need to be re-assured  the works on site follow safe methods of working and have also taken into consideration any potential impact on Network Rail land and the existing operational railway infrastructure. Review and agreement of the RAMS will be undertaken between Network Rail and the applicant/developer.  The applicant /developer should submit the RAMs directly to:AssetProtectionLNWSouth@networkrail.co.uk

 

            In order to facilitate the above, a BAPA (Basic Asset Protection Agreement) will need to be agreed between the developer and Network Rail. The developer will be liable for all costs incurred by Network Rail in facilitating this proposal, including any railway site safety costs, possession costs, asset protection costs / presence, site visits, review and agreement of proposal documents and any buried services searches. The BAPA will be in addition to any planning consent. The applicant / developer should liaise directly with Asset Protection to set up the BAPA.

 

For major works / large scale developments an Asset Protection Agreement will be required with further specific requirements.

AssetProtectionLNWSouth@networkrail.co.uk

           

11.       You are advised that The Conservation of Habitats and Species Regulations 2010 (as amended), The Wildlife and Countryside Act 1981 (as amended), The Protection of Badgers Act 1992 and The Natural Environment and Rural Communities (NERC) Act 2006  relate to the protection of habitats and species. It is a criminal offence to disturb or destroy protected species and it is the applicant’s responsibility to ensure that this legislation is complied with and that suitable measures are put in place in order to safeguard protected species. Your attention is drawn to the measures outlined in the submitted Ecological Assessment prepared by Wardell Armstrong (reference LE13449-001 dated January 2017). 

 

12.       With regard to water supply, this comes within the area covered by the Affinity Water Company. For your information the address to write to is - Affinity Water Company The Hub, Tamblin Way, Hatfield, Herts, AL10 9EZ - Tel - 0845 782 3333.

 

13.       A legally binding agreement between Transport for London (TfL)/London Underground (LU) and the applicant is required to:

 

1)      To ensure that there is no conflict with the Croxley Rail Link Order 2013

2)      To ensure that there are no negative impacts on the construction programme for the Metropolitan Line Extension (MLX).

3)      To ensure that there are no negative impacts on its subsequent operation as a live railway which will form part of the London Underground (LU) network   

 

            If the MLX is operational before a start is made on the housing development the applicants will be required to engage with LU Infrastructure Protection and to meet all the requirements for undertaking development adjacent to operational rail infrastructure.

 

In all cases a legally binding agreement will be required between the developer and TfL/LU in the form of an Interface Control Document (ICD) which will need to be prepared and agreed to manage the interface and liaison process.  This will also need to include any reasonable costs to make any adjustments to LU’s plans that are required as a result of the proposed development.

 

In all cases developers will need to build in line with LU’s guidance for working on or near the railway.  Amongst other matters these will need to cover issues such as visual impact, sightlines, noise and vibration as well as safety and access requirements.

 

TfL advises that a detailed Construction Management Plan (CMP) should be submitted for approval to include consultation with the MLX project team at TfL. The CMP will need to demonstrate how the interface with the MLX will be managed during the construction process and include measures to ensure that the two construction programmes can proceed simultaneously.

 

14.      Please be advised that no hedgerows, trees, shrubs, brambles, ivy and other climbing plants that may be used by breeding birds shall be lopped, topped, felled or removed between 1st March and the 31st August inclusive in any year, unless a competent and suitably qualified ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site.

 

15.       Environment Agency Advice to Applicant:

 

When dealing with contamination on site we recommend that developers:

·               Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination.

·               Refer to our Guiding Principles for Land Contamination for the type of information that we require in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, such as human health.

·               Refer to our website for more information and, in particular, the Planning and Land Contamination resource pages at https://www.gov.uk/contaminated-land

·               Refer to Groundwater Protection Principles and Practice (GP3). This can be viewed via our webpage at https://www.gov.uk/government/publications/groundwater-protection-principles-and-practice-gp3

·               Consider using the National Quality Mark Scheme for Land Contamination Management which involves the use of competent persons to ensure that land contamination risks are appropriately managed.

 

We expect the site investigations to be carried out in accordance with best practice guidance for site investigations on land affected by land contamination e.g. British Standards when investigating potentially contaminated sites and groundwater, and references with these documents:

 

·               BS5930:2015 Code of practice for site investigations;

·               BS 10175:2011 A1:2013 Code of practice for investigation of potentially contaminated sites;

·               BS ISO 5667-22:2010 Water quality. Sampling. Guidance on the design and installation of groundwater monitoring points;

·               BS ISO 5667-11:2009 Water quality. Sampling. Guidance on sampling of groundwaters (A minimum of 3 groundwater monitoring boreholes are required to establish the groundwater levels, flow patterns and groundwater quality).

·               Use MCERTS accredited methods for testing contaminated soils at the site.

 

The CLAIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste. Under the Code of Practice:

 

·               excavated materials that are recovered via a treatment operation can be re-used on-site providing they are treated to a standard such that they fit for purpose and unlikely to cause pollution

·               treated materials can be transferred between sites as part of a hub and cluster project

·               some naturally occurring clean material can be transferred directly between sites.

 

Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standard BS EN 14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.

 

The Environment Agency recommends that developers should refer to:

 

·               The Position statement on the Definition of Waste: Development Industry Code of Practice and;

·               The Environmental regulations page on GOV.UK Contaminated soil that is, or must be, disposed of is waste. Therefore, its handling, transport, treatment and disposal are subject to waste management legislation, which includes:

·               Duty of Care Regulations 1991

·               Hazardous Waste (England and Wales) Regulations 2005

·               Environmental Permitting (England and Wales) Regulations 2010

·               The Waste (England and Wales) Regulations 2011

 

If the total quantity of waste material to be produced at or taken off site is hazardous waste and is 500kg or greater in any 12 month period the developer will need to register with us as a hazardous waste producer. Refer to the Hazardous Waste pages on GOV.UK for more information.

 

Chair in the Chair