Agenda item

The demolition of the existing industrial and warehouse units and the creation of 6 duplex flats and the extension and conversion of existing office buildings into 2 residential dwellings along with landscaping and the provision of bicycle and waste storage. (amended description).

The committee received the report of the Head of Development Management, including the relevant planning history of the site and details of the responses to the application. 

 

The Development Management Team Leader introduced the report.  He explained that the development proposed the demolition of the existing industrial and warehouse units and the creation of six duplex flats.  In addition, existing office buildings would be extended and converted into two residential dwellings.

 

Attention was drawn to the update sheet which removed condition 14.

 

The Chair invited Mrs Mahmud, a local resident, to speak against the application.  Mrs Mahmud expressed concerns about the impact of the proposed car free development on parking and congestion problems in the surrounding area.  She considered it unlikely that future occupants would not own cars, despite their ineligibility for local parking permits.  They would anyway receive visitors and deliveries, which would add to local traffic problems.

 

Local residents were also concerned about the overbearing nature of the proposed development which would overwhelm adjacent properties.  Viewed from above, the area was already extremely cluttered; the scheme would be an overdevelopment.

 

Mrs Mahmud noted that the back alleyway, site of the proposed bike shed, was a local right of way recorded in her house deeds. In response, the Chair advised that rights of way were a civil matter and would continue irrespective of any planning consents granted by the council.

 

The Chair invited Adam Wilkinson, the agent from Planning Potential, to speak for the application.  Mr Wilkinson advised that the application site was an ideal location for redevelopment.  Its current industrial use was incompatible with its surroundings; the transformation would enhance the local area, including views from the adjacent conservation area.

 

Mr Wilkinson noted that the high quality design was fully compliant with all relevant planning policies, and objections had not been raised by any of the responsible authorities or by the council’s conservation manager. Despite the concerns of local residents, car free developments were increasingly common and should not adversely impact on local parking demand.

 

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

 

Committee members sympathised with residents’ concerns about local traffic levels and parking congestion.  The nearby mosque and school generated significant traffic movements and any new development, irrespective of whether future owners would have parking rights, would add to these concerns.  However, the committee accepted that the car free application was compliant with the council’s own policies, particularly the Watford Local Plan Core Strategy 2006-31 and Watford District Plan 2000.

 

It was noted that the evening enforcement of parking restrictions was undertaken elsewhere in central Watford and that this might be an option to be considered in response to criticism of the effectiveness of the controlled parking zones in the future.

 

Some members of the committee expressed reservations about the design of the proposed development.  Although design was a subjective matter, it was suggested that a scheme more in keeping with the adjacent conservation area could have been proposed.

 

Addressing the concerns of residents about the local right of way, the committee noted that this was a civil matter and one which could not be influenced by their decision making.  Despite this, it was requested that an extra informative be added to the committee’s decision acknowledging the existence of the right of way.

 

The Chair moved the officer’s recommendation subject to the removal of condition 14 and the addition of an extra informative regarding the local right of way.

 

RESOLVED –

 

(A)       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 exclude future residents of the development from entitlement to resident parking permits for the controlled parking zones in the vicinity of the application site.

 

ii)         To secure the provision of fire hydrants as required by the County Council to serve the development.

 

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 hereby permitted shall be carried out in accordance with the following approved drawings:- P 020 A, P 030 B, P 040 C, P 050 D, P 060 D, P 070 D, P 071 A, P 072 B, P 073 B, P 080 A, P 090 A and site Location Plan P 010 A

 

3.         The development hereby permitted shall be carried out in accordance with the following approved drawings;   unless it is agreed in writing by the local planning authority.

 

4.         No construction works above damp proof course level shall commence until details of the external materials to be used for the development (both the retained dwellings at nos. 70 and 72 Fearnley Street and the new dwellings) 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.

 

5.         No dwelling shall be occupied until the details of hard and soft landscaping including all site boundary treatments and external lighting, has been submitted to and approved in writing by the Local Planning Authority, and the works have been carried out in accordance with the approved details. The detailed scheme shall be based upon approved drawing no. Site Plan P 040 C.

 

6.         No construction works above damp proof course level shall commence until detailed drawings of the window and door reveals, recessed sections, brick detailing and capping to 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.

 

7.         No construction works shall commence until details of the siting, size and design of refuse, recycling and cycle storage have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the storage facilities have been installed in accordance with the approved details. The storage facilities shall be retained at all times thereafter.

 

8.         The proposed windows in the west elevations of the buildings hereby permitted shall be permanently fixed closed and shall be fitted with obscured glass at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

9.         No construction works shall commence until details of the existing and proposed ground levels and the finished ground floor levels of the building have been submitted to and approved in writing by the Local Planning Authority. The development shall only be constructed in accordance with the approved details.

 

10.       Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015, as amended (or any modifications or re-enactment thereof), no development permitted under Schedule 2, Part 1, Classes A, B, C, D, E and G of the Order shall be carried out to the dwellings hereby approved without the prior written permission of the Local Planning Authority.

 

11.       Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015, as amended (or any modifications or re-enactment thereof), the flat roof of the dwellings hereby approved shall be used as an amenity space.

 

12.       Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

 

            i) 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

•        potentially unacceptable risks arising from contamination at the site.

 

ii) A site investigation scheme, based on (i) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. This should include an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, pests, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments.

 

iii) The site investigation results and the detailed risk assessment (ii) 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.

 

iv) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (iii) 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 express consent of the local planning authority. The scheme shall be implemented as approved.

 

13.       In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 1, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 1.

 

Informatives

 

1.         This planning permission is accompanied by a unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 to exclude future residents of the development from entitlement to resident parking permits for the controlled parking zones in the vicinity of the application site and to secure the provision of fire hydrants as required by the County Council to serve the development.

 

2.         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.

 

3.         This permission does not remove the need to obtain any separate consent, which may be required under the Buildings Act 1984 or other building control legislation. Nor does it override any private rights which any person may have relating to the land affected by this decision.  To find out more information and for advice as to whether a Building Regulations application will be required please visit www.watfordbuildingcontrol.com.

 

4.         This planning permission does not remove the need to obtain any separate consent of the owner of the adjoining property prior to commencing building works on, under, above or immediately adjacent to their property (e.g. foundations or guttering). The Party Wall Etc Act 1996 contains requirements to serve notice on adjoining owners of property under certain circumstances, and a procedure exists for resolving disputes.  This is a matter of civil law between the two parties, and the Local Planning Authority are not involved in such matters.  A free guide called "The Party Wall Etc Act 1996: Explanatory Booklet" is available on the website of the Department for Communities and Local Government at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/393927/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

 

5.         Best practical means shall be taken at all times to ensure that all vehicles leaving the development site during construction of the development are in condition such as not to emit dust or deposit mud, slurry or other debris on the highway.

 

6.         The applicant is advised that storage of materials associated with the development should take place within the site and not extend into within the public highway without authorisation from the highway authority, Hertfordshire County Council. If necessary further details can be obtained from the County Council Highways via either the website http://www.hertsdirect.org/services/transtreets/highways/ or telephone 0300 1234047 to arrange this.

 

7.         The developer should be aware that the required standards regarding the maintenance of the public right of way and safety during the construction. The public rights of way along the carriageway and footways should remain unobstructed by vehicles, machinery, materials and other aspects of construction works.

 

8          The issues with regards to land contamination must be undertaken in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’. Further information and guidance documents can be found online at; https://www.watford.gov.uk/info/20011/business_and_licensing/349/contaminated_land

 

9          The developer should be aware that this permission does not override any private rights which any person may have relating to the land affected by this decision.