Redevelopment of the site to provide a mixed use scheme including 485 residential units, retail units, community floorspace, with associated cycle parking, car parking, playspace, landscaping and public realm improvements

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 (CO) introduced the report explaining that the application was for the redevelopment of the site to provide a mixed use scheme including 485 residential units, of which 170 would be affordable (35%), retail units, community floor space, with associated cycle parking, car parking, play space, landscaping and public realm improvements. 

 

Following the tragic fire at Grenfell Tower, a review of the proposed fire strategy measures for the scheme had been undertaken.  Although fire safety and means of escape in tall buildings were dealt with separately under Building Regulations (Approved Document Part B), the enhancements proposed by the applicant’s fire safety review had been listed fully in the officer’s report and were outlined to the meeting.

 

The Principal Planning Officer advised the committee to consider the planning balance of the proposed regeneration scheme, which would make a significant contribution towards the Borough’s housing needs – including a 35% affordable housing component.  The proposal accorded with the policy objectives of the NPPF and would make effective use of previously developed land in a sustainable special policy area.  In regenerating the area, the development was expected to act as a catalyst for further schemes in the Western Gateway Special Policy Area.

 

The Chair invited Mr Barry Grant, Chairman of the Croxley Green Residents Association to speak against the application.  Mr Grant outlined the concerns of local residents about the scale of the proposed development, which was considered an overdevelopment of the site, overbearing and out of character with its surroundings.  Residents were dismayed at the visual impact the proposed development would make on the skyline, particularly when viewed from Croxley Common Moor, Moor Park and Cassiobury Park.

 

Residents were also concerned about the impact of the development on the local road network.  The number of designated car parking spaces was considered inadequate at 0.38 per residential unit – a more realistic assessment being one car per household.  Despite measures to encourage the use of public transport options, the development would place an inevitable and unacceptable strain on the already congested local road network, particularly at peak times.

 

In view of these impacts and the absence of a major transport infrastructure to support the sustainable development outlined in the report, residents urged the committee to reject the current application in favour of a smaller scale development.

 

The Chair invited Richard Olsen from Orion Cassiobridge Ltd to speak for the application.  Mr Olsen described the constructive and collaborative discussions which had taken place with council officers and members of the local community to agree an excellent example of place making.

 

The development would make a major contribution towards meeting the council’s housing needs, including a 35% affordable housing allocation.  The first in a raft of new developments, the proposed scheme would help to deliver additional benefits to local residents with the planned inclusion of shops, businesses and other facilities.

 

Mr Olsen underlined the extra fire safety measures which had been proposed to the tall building in the wake of the Grenfell Tower tragedy.  However, he noted that the majority of the development would comprise buildings of six to eight storeys.

 

Thanking the speakers, the Chair made some observations before inviting comments from the committee.  He advised committee members that Watford was a small borough surrounded by larger boroughs with more land.  There was an urgent and pressing need for housing locally, in part exacerbated by the success of policies to make the town a place where people and businesses wanted to locate.  The lack of available land increased the pressure to devise more intense developments, including taller buildings.  It was for the committee to decide whether the positive social benefits of the proposed scheme outweighed the impacts.

 

Members of the committee acknowledged the need for additional housing in Watford and particularly the need for housing which was affordable for local people.  As such, the 35% affordable housing proposed in the development was welcomed.  This equated to 170 homes, of which the 20% for social rent was particularly positive. 

 

The committee noted the council’s current housing allocations did not provide a five year supply of housing land, requiring housing applications to be considered against paragraph 14 of the National Planning Policy Framework (presumption in favour of sustainable development).  Whilst the introduction of taller buildings was relatively unusual in Watford, the majority of the committee considered that the proposed scheme was fully compliant with current policies.

 

The regeneration of the Ascot Road area was also welcomed by committee members.  This was a significant area of brownfield land which had the potential to develop an exciting new community.

 

It was acknowledged that there had been considerable consultation to take into account the comments of planning officers and to respond to the views of the local community.  This had resulted in a number of changes to the scheme and enhancements to local facilities, such as the proposed expansion of Rickmansworth School to meet the growing pressure on school places.

 

Some committee members questioned the need for a 24 storey building.  The council’s emerging tall buildings policy TB1 stated that buildings up to a height of 50 metres (15 storeys) would be considered.  It was suggested that a different design with fewer storeys should have been proposed.  This would have impacted less on surrounding communities and on the skyline.

 

In a clarification, the Principal Planning Officer advised that Policy TB1 was worded positively and did not state that buildings taller than 50 metres were unacceptable.  Furthermore, the Residential Design Guide stated that taller buildings might be acceptable in major development sites.  The appropriate height was determined by effects on amenity and townscape.  In this case, the height of the proposed tall building was justified through its high quality design and its slender and elegant appearance.

 

There was some discussion about the transport comments in the development proposal.  Whilst welcoming encouragement for more sustainable modes of travel, some members of the committee expressed the view that the low number of parking spaces was unrealistic.  Moreover, the assumptions about car ownership and usage were predicated in part on the completion of the Metropolitan Line Extension (MLX), which was currently stalled.  However, without MLX it was commented that the site was sustainable as there were good public transport, cycle and footpath links.

 

Committee members were also concerned about the impact on the local road network, which was already heavily congested at peak times.  Some committee members considered that this impact would be intolerable.  Other comments were made that the flow of traffic from the development would be in reverse to the general flow into the area and would therefore be acceptable.

 

The Chair invited Councillor Bell to move a motion to refuse.  Councillor Bell proposed that the application be refused on the grounds that it was contrary to emerging tall buildings policy TB1 and its design, providing inadequate space in the public realm, was not of sufficiently high quality to justify a departure from this policy.

 

On being put to the vote, the motion was LOST.

 

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.            To require the submission and implementation of a phasing plan setting out the phasing of the delivery of the development.

                                                      ii.            To secure affordable housing units in Blocks D and E. Tenure mix – at least 20% social rented; at least 65% affordable rented; with remaining units to be intermediate.

                                                    iii.            A financial contribution of £20,000 towards off-site mitigation works at Ascot Road/Morrison’s roundabout, as shown on drawing No. 16037-01-208.

                                                    iv.            Introduction of 3no. lay-bys on Ascot Road for servicing vehicles and 2 car club vehicles. Financial contribution of £2000 towards amendment to the Traffic Regulation Order.

                                                      v.            A financial contribution of £22,500 towards the provision of a cycle hire station adjacent to the application site, including 5 cycles and initial annual operation costs for 2 years.

                                                    vi.            A financial contribution of £6,000 towards improved directional signage to the Ebury Way National Cycle Network.

                                                  vii.            To secure an agreement with a car club operator to provide car club for 3 years from first occupation of the development.

                                                viii.            A financial contribution of £32,000 towards bus stop improvements.

                                                    ix.            A financial contribution of £55,000 towards 2 public consultations (one to be held during construction of the development and the other to be held after occupation of the development) and implementation of a new Controlled Parking Zone.

                                                      x.            Submission and implementation of an approved Travel Plan

                                                    xi.            A financial contribution of £6,000 towards Travel Plan monitoring.

                                                  xii.            Submission and implementation of an approved Construction  Logistics Plan.

                                                xiii.            A financial contribution of £500,000 towards public realm improvements in Old Ascot Road.

                                                xiv.            A financial contribution of towards the expansion of Rickmansworth School, which is calculated using the amounts and approach set out within the Planning Obligations Guidance – Toolkit for Hertfordshire January 2008.

                                                  xv.            The provision of fire hydrants to serve the proposed development.

                                                xvi.            Submission and implementation of an approved Site Wide Management Scheme. The scheme shall include the following details:

-              Details of all on-site parking spaces.

-              Measures to prevent parking outside of marked parking spaces.

-              Details of areas within the site that would be used for the manoeuvring and loading/unloading of delivery and servicing vehicles.

-              Details of access to/from the site for delivery and serving vehicles.

-              Details of concierge facilities and procedures for directing and receiving deliveries to the site.

-              Details of site waste management, which shall include details of the operation and management of the waste and recycling disposal system; details of  waste and recycling storage provision; and arrangements for the collection of waste and recycling from the site.

-              Details of a fire safety strategy.

 

Conditions

 

1.         Time Limit

 

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

                                               

2.         Approved plans

 

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

           

            100-101; 050-001; 050-002 Rev A; 050-010; 050-011 Rev A; 050-012 Rev A; 050-013 Rev A; 050-014 Rev A; 050-015 Rev A; 050-016 Rev A; 050-017 Rev A; 050-018 Rev A; 050-019 Rev A; 050-020 Rev A; 050-021 Rev A; 050-022 Rev A; 050-023 Rev B; 050-301 Rev A; 050-302 Rev A; 050-303; 050-304 Rev A; 050-305 Rev A; 050-306 Rev A; 050-307 Rev A; 050-308 Rev A; 050-309 Rev A; 089680-L-100 Rev D; 089680-L-101 Rev B; 089680-L-102 Rev C; 089680-L-103 Rev B; 089680-L-104 Rev A; 089680-L-105 Rev B; 089680-L-106; 089680-L-200 Rev C; 089680-L-201 Rev B; 089680-L-202 Rev A; and ASCOT_SK-001

 

3.         Materials

 

No development, other than demolition, shall commence until details of the materials to be used for all the external finishes of the buildings, including walls, roofs, doors, windows and balconies, 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 materials.

 

4.         Detailed plans

 

No development, other than demolition, shall commence until detailed drawings of the elevations, including details of the reveals, projections, recessed areas, balconies, architectural detailing and the proposed capping for the walls, 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.

           

5.         Drainage

 

The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment carried out by Capita reference CS075456-PE-16-193-R V3 and the following mitigation measures detailed within the FRA:

 

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 infiltration and off-site 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 SuDS measures as shown on proposed drainage layout drawing reference CS/075456 and to include permeable surfacing and below ground attenuation.

 

The mitigation measures shall be fully implemented prior to occupation of any part of the development 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.

 

6.         Surface water drainage scheme

 

No development, other than demolition, shall commence until a detailed surface water drainage scheme for the site based on the approved FRA 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.

 

The scheme should include;

 

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

 

7.         Drainage management and maintenance plan

 

Upon completion of the drainage works an updated management and maintenance plan for the all the SuDS features and structure, including arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime, shall be submitted to and approved in writing by the Local Planning Authority prior to occupation of any part of the development. The SuDS features and structure shall thereafter be operated in accordance with the management and maintenance plan, unless otherwise agreed in writing by the Local Planning Authority.

 

8.         Contamination remediation strategy

 

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 will include the following components:

 

1. A preliminary risk assessment which has identified:

 

·                    all previous uses;

·                    potential contaminants associated with those uses;

·                    a conceptual model of the site indicating sources, pathways and                                 receptors; and

·                    potentially unacceptable risks arising from contamination at the site.

 

2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

3. The results of the site investigation and the detailed risk assessment referred to in (2) 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.

 

4. 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 (3) 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 written consent of the local planning authority. The scheme shall be implemented as approved.

 

9.         Contaminated land verification report

 

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.

 

10.      Contamination monitoring and maintenance plan

 

No development shall commence until a monitoring and maintenance plan in respect of contamination, including a timetable of monitoring and submission of reports to the Local Planning Authority, has been submitted to and approved in writing by the Local Planning Authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to, and approved in writing by, the Local Planning Authority.

 

11.      Discovery of contamination that has not been previously identified

 

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.

 

12.      Details of infiltration surface water drainage

 

No drainage systems for the infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approved details.

 

13.      Piling method statement

 

No 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 groundwater pollution, and the programme for 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.

 

14.      Borehole management scheme

 

A scheme for managing any borehole installed for the investigation of soils, groundwater or geotechnical purposes shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall provide details of how redundant boreholes are to be decommissioned and how any boreholes that need to be retained, post-development, for monitoring purposes will be secured, protected and inspected. The scheme as approved shall be implemented prior to the occupation of any part of the development.

 

15.      Soft landscaping scheme

 

No development, other than demolition, shall commence until full details of a soft landscaping scheme have 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 the 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.

 

16.      Hard landscaping scheme

 

No development, other than demolition, shall commence until full details of a hard landscaping scheme, including details of all site boundary treatments and all fencing or enclosures within the site, have been submitted to and approved in writing by the Local Planning Authority. The hard landscaping shall be carried out in accordance with the approved details.

 

17.      Lighting scheme

 

No part of the development shall be occupied until details of the lighting of all public realm and other external areas within the site have been submitted to and approved in writing by the Local Planning Authority. The details shall include details of the intensity of light emissions (including the surface area to be illuminated), detailed drawings of the proposed lighting columns and fittings and any measures for mitigating the effects of light pollution. The development shall be carried out in accordance with the approved details and shall be retained as such thereafter.

 

18.      Protection of bats

 

No removal of trees, works to or demolition of buildings/structures, or development shall take place until follow-up dusk emergence and dawn re-entry bat surveys undertaken during May - September (inclusive) and a mitigation strategy for the construction and operational phases of the development has been submitted to and approved in writing by the Local Planning Authority. Thereafter the mitigation strategy shall be implemented in accordance with the details approved by this Condition.

 

19.      Lighting design scheme for biodiversity

 

No part of the development shall be occupied until a lighting design strategy for biodiversity for the northern and eastern boundaries of the site has been submitted to and approved in writing by the Local Planning Authority. The strategy 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 in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any external lighting be installed on site without prior written consent from the Local Planning Authority.

 

20.      Protection of nesting birds

 

No removal of hedgerows, trees or shrubs, or works to or demolition of buildings/structures, or development shall take place between 1st March and 31st August inclusive until a survey for active birds nests carried out by a competent ecologist has been submitted to the Local Planning Authority and, in the case of nesting birds being found, a mitigation strategy has been approved in writing by the Local Planning Authority. Thereafter the mitigation strategy shall be implemented in accordance with the details approved by this Condition.

 

21.      Site levels

 

No development, other than demolition, shall commence until details of the levels of the building(s), road(s) and footpath(s) in relation to the adjoining land and highway(s), and any other changes proposed in the level of the site, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

22.      Noise mitigation

 

The development hereby approved shall not progress above podium level until a detailed scheme to achieve satisfactory internal noise levels has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of glazing specifications and ventilation and shall be based on the mitigation measures detailed in the Hodkinson Acoustic Report dated January 2017, unless otherwise agreed in writing by the Local Planning Authority. No part of the development shall be occupied until all the works forming part of the approved scheme have been completed.

 

23.      Noise levels

 

The calculated rating level of the noise from fixed plant and equipment associated with the development shall not exceed 50dB LAr, T during the hours 07:00 and 23:00 and 35dB LAr, T during the hours 23:00 and 07:00, determined at the nearest noise sensitive premises in accordance with the procedures detailed in BS 4142:2014. Prior to the operation of any fixed plant and equipment associated with the development, the developer shall provide details including calculated rating levels of noise to the Local Planning Authority demonstrating that the detailed design achieves the required criteria.

 

24.         Commercial extraction system

 

No cooking shall take place in the Class A units until details of extraction systems, including manufacturer’s specifications, details of the routing of ducts and discharge points, and an acoustic impact assessment including details of noise and vibration mitigation as necessary, have been submitted to and approved in writing by the Local Planning Authority and the extraction systems have been installed in accordance with the approved details. The plant shall not be operated other than in complete accordance with the approved specifications and mitigation measures. No cooking shall take place on the Class A premises unless satisfactory ventilation is installed and being operated in accordance with the approved details.

 

25.      Class A outdoor seating

 

Outdoor seating areas associated with the Class A uses shall be cleared of customers between 22:00 and 08:00 hours, 7 days a week.

 

26.      Class A uses

 

The proposed Class A uses shall operate within use classes A1, A2, and A3 only.

 

27.      Shopfronts

 

The shopfront windows to the Class A units shall be used for display purposes and the window glass must not be painted or obscured.

 

28.      Class D use

 

The non-residential premises on the eastern side of the upper ground floor of Block A (labelled ‘17’ on drawing No. 050-011) shall not be first occupied and used without the Local Planning Authority's prior agreement, in writing, of the following details:

 

a) notification of any proposed use within Class D1 and D2 of the Town and

Country Planning (Use Classes) Order 1987, as amended;

b) any equipment for the projection of amplified sound to customers and

other members of the public inside and (where relevant) outside of the building;

c) any externally situated plant and/or other machinery;

d) any externally situated temporary or permanent furniture, means of

enclosure and other equipment associated with the extension of commercial

activity outside of the building.

 

The occupation and use of the premises, including any part thereof, shall be carried out in accordance with the notification and details so agreed. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 as amended and the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended, the premises shall only be used for a purpose that has been approved in writing by the Local Planning Authority.  

 

29.      Residential development sustainability

 

The residential units hereby permitted shall be constructed to:

 

(i)            achieve a minimum regulated carbon dioxide reduction of 19% beyond the Building Regulations  2010 (as amended) Approved Document L1A  - Conservation of fuel and power in new dwellings (2013 edition);

(ii)          achieve a maximum water use of no more than 110 litres per person per day in accordance with the optional standard 36(2)(b) of the Building Regulations 2010 (as amended) Approved Document G – Sanitation, hot water safety and water efficiency (2015 edition).

 

30.      Non-residential development sustainability

 

The Class A units hereby permitted shall not be brought into use until a certificate of compliance from an accredited assessor confirming that the development has achieved a BREEAM rating of Excellent has been submitted to and approved in writing by the Local Planning Authority.

 

31.      Wind mitigation

 

The development hereby permitted shall not progress above podium slab level until details of mitigation measures to address wind microclimate impacts have been submitted to and approved in writing by the Local Planning Authority. The mitigation measures shall be based on the recommendations in Section 7 of the Pedestrian Level Wind Microclimate Assessment RWDI#1700251 PLW REV-B dated December 13^th 2016. No part of the development shall be occupied until the works have been completed in accordance with the approved details and thereafter retained.

 

32.      Access, manoeuvring and parking layout

 

No development, other than demolition, shall commence until full details in the form of scaled plans and written specifications have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority to illustrate the following:

 

i. Roads, footways, foul and on-site water drainage.

ii. Existing and proposed access arrangements including visibility splays.

iii. Car parking provision.

iv. Servicing areas, loading areas and turning areas for all vehicles.

 

No part of the development shall be occupied until the proposed layout has been completed in accordance with the details approved by this Condition.

 

33.      Road Safety Audit

 

No development, other than demolition, shall commence until a Stage 1 Road Safety Audit for all access arrangements and proposed mitigation measures has been submitted to and approved in writing by the Local Planning Authority and Highway Authority. The mitigation measures are as follows:

 

- Ascot Road / Old Ascot Road, Morrisons Access roundabout: Drawing reference 16037-01-208.

 

34.      Swept path assessments

 

No development, other than demolition, shall commence until swept path assessments have been submitted to and approved in writing by the Local Planning Authority. The following swept path assessments are required:

 

- Delivery vehicles entering and exiting the undercroft car parking area;

- Revised swept path assessments for fire tender manoeuvring within the site;

- Revised swept path assessments for delivery vehicles manoeuvring within the site;

- Large car accessing car parking spaces that are in corners and for one midway in a row.

 

35.      Parking Management Plan

 

No residential or commercial unit or other part of the development shall besold or occupied until a Parking Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall: identify the electric vehicle charging point spaces that are to be provided within the basement car park as 'active' spaces and those as 'passive' spaces; detail the allocation of disabled person's parking space within the basement car park; detail the allocation of general parking spaces within the development; detail the management of general vehicle access across the site; detail the storage and allocation of cycle parking for residents/staff/visitors of the development; lighting within the basement. The development shall be carried out in accordance with the approved plan and shall be retained as such thereafter.

 

36.      Access Control System

 

No dwellings shall be occupied in any building until details of an access control system for that building have been submitted to and approved in writing by the Local Planning Authority and the access control system has been installed in accordance with the approved details. The access control system(s) shall be retained as such thereafter.

 

37.      Communal aerials and satellites

 

No dwelling shall be occupied until details of a strategy for the provision of communal facilities for television reception (eg. aerials, dishes and other such equipment) has been submitted to and approved in writing by the Local Planning Authority. Such details shall include the specific size and location of all equipment. The approved details shall be implemented prior to the first occupation of the relevant Block and shall be retained thereafter. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as ameneded) no other television reception equipment shall be introduced onto the walls or the roof of the building without the prior written approval of the Local Planning Authority.

           

38.      Archaeological Written Scheme of Investigation

 

No development, other than demolition, 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 for post investigation assessment;

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

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

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

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

 

The development shall be carried out in accordance with the programme of archaeological works set out in the Written Scheme of Investigation.

 

39.      Implementation of 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 Written Scheme of Investigation approved under Condition 40 and the provision made for analysis and publication where appropriate.

 

Informatives

 

1.         This planning permission is accompanied by a Planning Obligation under Section 106 of the Town and Country Planning Act 1990.

 

2.         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 pre-application advice on the proposal prior to the submission of the application and undertook discussions with the applicant’s agent during the application process.

 

3.         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.

 

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.         Highway informatives:

 

            AN1) Storage of materials: 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.

 

            AN2) Obstruction of public highway land: 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.

 

            AN3) Road Deposits: 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.

 

            AN4) Construction standards for works within the highway: 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.

 

6.         Network Rail informatives:

            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

 

            As the proposal includes works which may impact the existing operational railway, 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

 

7.         Transport for London informatives:

An agreement will be required between the developer and Transport for London/London Underground 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 provision for any reasonable costs to cover necessary adjustments to the MLX project that are required as a result of the proposed development.

 

            If the MLX is operational before a start is made on the Ascot Road 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.

 

8.         Thames Water informative:

            A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer.  Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 02035779483 or by emailing wwqriskmanagement@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality

 

9.         Environment Agency informatives:

We recommend that developers should:

 

1. Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination.

 

2. Refer to the Environment Agency Guiding principles for land contamination for the type of information that we required 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.

 

3. 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.

 

4. Refer to the contaminated land pages on GOV.UK for more information.

 

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.

 

A Detailed Quantitative Risk Assessment (DQRA) for controlled waters using the results of the site investigations with consideration of the hydrogeology of the site and the degree of any existing groundwater and surface water pollution should be carried out. This increased provision of information by the applicant reflects the potentially greater risk to the water environment. The DQRA report should be prepared by a “Competent person” E.g. a suitably qualified hydrogeologist. In the absence of any applicable on-site data, a range of values should be used to calculate the sensitivity of the input parameter on the outcome of the risk assessment.

 

·        GP3 version 1.1 August 2013 provided further guidance on setting compliance points in DQRAs.

 

·        Where groundwater has been impacted by contamination on site, the default compliance point for both Principal and Secondary aquifers is 50m.

 

Where leaching tests are used it is strongly recommended that BS ISO 18772:2008 is followed as a logical process to aid the selection and justification of appropriate tests based on a conceptual understanding of soil and contaminant properties, likely and worst-case exposure conditions, leaching mechanisms, and study objectives. During risk assessment one should characterise the leaching behaviour of contaminated soils using an appropriate suite of tests. As a minimum these tests should be:

 

·        upflow percolation column test, run to LS 2 – to derive kappa values;

 

·        pH dependence test if pH shifts are realistically predicted with regard to soil properties and exposure scenario; and

 

·        LS 2 batch test – to benchmark results of a simple compliance test against the final step of the column test.

 

Following the DQRA, a Remediation Options Appraisal to determine the Remediation Strategy in accordance with CRL11. The verification plan should include proposals for a groundwater-monitoring programme to encompass regular monitoring for a period before, during and after ground works. E.g. monthly monitoring before, during and for at least the first quarter after completion of ground works, and then quarterly for the remaining 9-month period.)

 

Where SUDs are proposed; infiltration SUDs should not be located in unsuitable and unstable ground conditions such as land affected by contamination or solution features. Where infiltration SuDS are to be used for surface run-off from roads, car parking and public or amenity areas, they should have a suitable series of treatment steps to prevent the pollution of groundwater. For the immediate drainage catchment areas used for handling and storage of chemicals and fuel, handling and storage of waste and lorry, bus and coach parking or turning areas, infiltration SuDS are not permitted without an environmental permit. Further advice is available in the updated CIRIA SUDs manual http://www.ciria.org/Resources/Free_publications/SuDS_manual_C753.aspx

 

Vice Chair in the Chair