Change of use from store/office (B8/B1) to dwelling (C3)

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 (AR) introduced the item explaining that the application was for a change of use from a store/office (B8/B1) to dwelling (C3).  It was noted that the application was located within the Estcourt Conservation Area.

The Chair invited Mark Whiddett of the Queens Court Residents Association to speak against the application.  Mr Whiddett explained that the residents association had no objection to the development per se, but disputed the right of way across Queens Court land assumed in the application. 

In addition, Queens Court residents were concerned about the inclusion of proposals to remove a boundary fence on Prince Street.  This fence was owned by Queens Court residents and the applicant had no rights to remove it.

Thanking the speaker, the Chair welcomed comments from the committee.

Members of the committee welcomed the proposed changes to the property, which would have a significant positive visual impact on the site and would enhance the character and appearance of the area.

Some concerns were raised about the domestic bin storage to the front of the property and about the desirability of the rear kitchen adjacent to the Queens Court commercial bin store.

Whilst the committee was sympathetic to the concerns of Queens Court residents regarding rights of access, it was noted that property rights, including rights of way, were a civil matter between the interested parties.  Informative 7 stated clearly that planning approval would not override any existing property rights.

The Chair moved the officer’s 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 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:  Unnumbered drawing of existing and proposed plans and elevations (amended 15.06.2017) and Site Location Plan 1:1250.

3          a) No work shall commence until details and samples of the materials to be used for the external doors, windows, window reveals and front boundary gate, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these approved details and samples.

b) The external surfaces of the walls of development shall be finished in the materials as stated below, unless otherwise approved in writing by the planning authority. The materials shall be:

·        The side (east) wall and rear (north) wall of the building shall be finished in white painted render.

·        All development to the front (south) wall elevation shall be constructed of brick to match the size, pattern and texture of the existing front elevation. The facing brick of the full front wall elevation shall be painted white. Render shall not be applied to the front wall elevation. 

·        The boundary wall around the front garden area shall be constructed in brick of a size, pattern and texture to match the adjoining wall at No 3 and this wall shall be painted white.

c) All other materials for the development, other than those specified in parts a) and b), 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.

 4         Notwithstanding the information already submitted details of the size, type, siting and finish of refuse and recycling storage enclosures for the house 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 occupation of the development and shall be retained at all times for refuse/recycling only and shall not be used for any other purpose.

 5         Notwithstanding the information already submitted details of the size, type, siting and finish of a cycle storage enclosure for the proposed flats shall be submitted to and approved in writing by the Local Planning Authority. The storage approved under this condition shall be installed and made available for use prior to the occupation of the development and shall be retained at all times for cycle storage only and shall not be used for any other purpose.

 6         The first floor window in the north (rear) elevation and first floor window in the east (side) elevation 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         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.

 3         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

 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         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.

            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.

 6         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.

 7         The drawings approved for planning purposes include detail of a 'Right of Way'. The approval of these drawings does not confirm or otherwise the legal status of this Right of Way. The grant of planning permission does not override any property rights that may exist. Property rights remain a civil matter between interested parties.

 8         This planning permission is accompanied by a unilateral undertaking, dated 15^th June 2017, under Section 106 of the Town and Country Planning Act 1990 to secure financial contributions to Watford Borough Council towards the variation of the Borough of Watford (Watford Central Area and West Watford Area)(Controlled Parking Zones) (Consolidation) Order 2010, to exclude future occupants of the development from entitlement to park in the surrounding roads.