Proposed mixed use development comprising office space on 8 floors, 154 residential units on 23 floors, café/restaurant space and associated facilities.

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, explaining that the application was for a mixed use development comprising up to 11,180 m2 of office space on 8 floors, 154 residential units on 23 floors, up to 496 m2 of café/restaurant space on the ground and 9th floors, 1st floor gym, basement car and cycle parking, access, landscaped rooftop amenity space and associated works.

 

It was explained that the proposal included a maximum £6,156,313 off site contribution towards affordable housing provision (required by the council’s draft affordable housing SPD), should the development viability permit this on the basis of an open book review, with a minimum £1,400,000 towards affordable housing provision should the development go ahead, regardless of viability.  In addition, there would be a £600,000 contribution towards public realm improvement works in Clarendon Road and a £1,574,580 contribution (based on floor space) as a community infrastructure levy under the council’s CIL charging schedule.  The building would enhance the surrounding area and secure much needed housing and jobs within the borough.

 

The Development Management Section Head demonstrated a virtual 3D model of the street scene on Clarendon Road.  This enabled the proposed scheme to be viewed in context, including a number of developments in receipt of planning permission, but as yet unbuilt.

 

Attention was drawn to the update sheet, which included some additional comments from the council’s housing service, an amended section 106 heads of terms and two additional conditions.

 

The Chair invited Mrs Jean McInerney, a local resident, to speak in objection to the application.  Acknowledging the significant investment proposed in this development, Mrs McInerney commented that the council’s policy on tall buildings TB1 placed a restriction on the height of buildings in the town.  This proposal exceeded that limit significantly.

 

Due to the height of the proposed 23 storey tower, Mrs McInerney argued there would be a material impact on the amount of daylight to her apartment according to BRE guidance.  The tower would generate a shadow and loss of daylight in the afternoon/evening to her main habitable room and only outdoor balcony space. 

 

Mrs McInerney also raised concerns about overlooking.

 

In addition to the above comments, Mrs McInerney made some brief remarks on behalf of intu Watford. These centred on concerns about the potential impact of the café/restaurant on the ground and 9th floors of the new office building on the company’s existing and proposed café and restaurant outlets in the town centre and the Charter Place redevelopment.

 

Clarifying a query from the Chair about overshadowing, the Development Management Team Leader advised that BRE guidelines addressed both daylight and sunlight impacts.  The guidelines used a complex formula to assess the different light levels, which would vary throughout the day and year.  In this case, the extent of overshadowing to Mrs McInerney’s apartment would not be deemed significant based on these guidelines.

 

The Chair invited Mr Douglas Bond, Woolf Bond Planning, to speak to the committee.  Mr Bond outlined the benefits that the proposed scheme would bring to Watford following extensive consultation.  These included the largest delivery of high quality office accommodation in some 30 years, generating around 1,000 new jobs and bringing economic prosperity to the town.  Coupled with this, the development would make an important contribution towards the council’s planned public realm improvements to Clarendon Road and would become a landmark building in the area.

 

In lieu of affordable housing provision on site, the development would make a significant contribution towards social housing provision to enable the council to deliver accommodation elsewhere.

 

The Chair invited Central Ward Councillor Rabi Martins to speak to the committee.  Councillor Martins expressed his disappointment at the proposed scheme.  He questioned the viability arguments put forward by the developer and argued that it was important that planning decisions did not become too commercially driven, ignoring the importance of people and communities. 

 

Before inviting questions from the committee, the Chair commented that whilst welcoming the proposal for a new development on this prominent site, the scheme did not push the design boundaries.  It was important for the committee to consider whether the current application justified exceeding the council’s emerging guidelines on tall buildings, in particular whether it was of sufficiently high architectural quality.

 

Members of the committee welcomed the proposed scheme, which would see the regeneration of a long underused location in the heart of the town.  Although some concerns were expressed about the height of the tower, the design was considered acceptable as a landmark building. 

 

Some reservations were expressed about the inclusion of residential accommodation in a designated employment zone, however it was acknowledged that similar mixed schemes had been approved previously on Clarendon Road.

 

The committee questioned the developer’s viability appraisal and expressed exasperation at the protracted deliberations it generated.  However, the open book review was welcomed.  It was accepted that providing affordable housing was about meeting need and there was considerable benefit to the council in agreeing a commuted sum to enable the provision of housing in the right location and in the right configuration.

 

The Chair moved the officer’s recommendation subject to the additional conditions on the update sheet.

 

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 secure a contribution of up to a maximum of £6,156,313 for the provision of affordable housing in the Borough of Watford, the final amount to be calculated on an open book viability assessment and to be no less than £1,400,000 irrespective of that viability assessment;

 

ii)         To secure a financial contribution to the Council of £600,000 towards the environmental improvement of Clarendon Road;

 

iii)        To secure a financial payment to the Council of £2,000 towards the variation of the Borough of Watford (Watford Central Area and West Watford Area) (Controlled Parking Zones) (Consolidation) Order 2010 to exclude the site from the controlled parking zone, thereby preventing residents’ parking permits being issued to this site;

 

iv)        To secure the provision of fire hydrants to serve the site as required by Hertfordshire County Council;

 

v)         To secure a financial payment to Hertfordshire County Council of £6,000 for the long term monitoring of the proposed Travel Plan for the site.

 

Conditions

 

1.         The development to which this permission relates shall be begun within a period of 3 years commencing on the date of this permission.

           

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

           

            PL_10, 100B, 101B, 102, 103B, 104B, 105B, 106A, 107B, 108A, 109A, 110A, 111A, 112, 120A, 121A, 122A, 130, 131, 132, 133, 134, 135, 200, 201A, 202, 501, 502, 503, 504      

           

3.         The development permitted by this planning permission shall be carried out in accordance with the approved Drainage Strategy Report by SLR Consulting (ref. 402.06661.00004 Version 2.0 dated July 2017) and the following mitigation measures detailed within the FRA:

           

 i)         Limiting the surface water run-off rates to maximum of 54.3l/s for the 1in 100 year rainfall event with discharge into Thames Surface Water sewer.

ii)         Provide 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.

iii)        Implementing the appropriate drainage strategy using appropriate SuDS measures as indicated on drawing no. 1620002979-RAM-XX-DR-C-00100 Rev P2.

 

            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.

 

4.         No development shall take place until the final design of the drainage scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall also include:

 

i)          Final detailed management plan to include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

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

iii)        Any areas of informal flooding should the system flood above the 1 in 30 year event.        

 

5.         No external facing materials shall be installed on the building until full details and samples of all the materials to be used for the external surfaces of the building, including the plant enclosures at roof level, have been submitted to and approved in writing by the Local Planning Authority.

           

6.         No external facing materials shall be installed on the building until a noise mitigation scheme for all the proposed residential dwellings on the 1st-6th floors with windows facing Beechen Grove, based upon the recommendations of the Environmental Noise Assessment by SLR dated March 2017 (Ref. No. 403.06661.00003, Version Final), has been submitted to and approved by the Local Planning Authority. The scheme shall include the details and specifications of the sound reduction performance of all glazed and non-glazed elements of the building facades. No dwelling shall be occupied until the approved mitigation measures have been installed in full, unless otherwise agreed in writing by the Local Planning Authority.

 

7.         No external facing materials shall be installed on the building until the specification of a mechanical air supply/extract system for each of the residential dwellings on the 1st-6th floors with windows facing Beechen Grove has been submitted to and approved in writing by the Local Planning Authority. The system must be capable of providing background and rapid ventilation for cooling with the windows of the dwellings being closed. The system must not compromise the sound insulation of the façades. Details of the siting of any air intake; extraction units; generators and other mechanical equipment serving this system that are likely to give rise to noise should be submitted, along with details of noise attenuation measures to be incorporated to ensure these units do not give rise to a noise nuisance.  No dwelling shall be occupied until the approved mitigation measures have been installed in full, unless otherwise agreed in writing by the Local Planning Authority.

 

8.         No external facing materials shall be installed on the building until the specification of a mechanical air supply/extract system for each of the residential dwellings on the 8th-11th floors with windows on the south elevation facing Jury’s Inn has been submitted to and approved in writing by the Local Planning Authority. The system must be capable of providing background and rapid ventilation for cooling with the windows of the dwellings being closed and be able to filter out cooking odours. The system must not compromise the sound insulation of the façades. Details of the siting of any air intake; extraction units; generators and other mechanical equipment serving this system that are likely to give rise to noise should be submitted, along with details of noise attenuation measures to be incorporated to ensure these units do not give rise to a noise nuisance.  No dwelling shall be occupied until the approved mitigation measures have been installed in full, unless otherwise agreed in writing by the Local Planning Authority.

           

9.         No impact 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 the programme for the 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.

 

10.       No part of the development shall be occupied until a detailed hard landscaping scheme for the site, including details of the roof gardens, 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 the Landscape Strategy contained within the Design and Access Statement dated 3rd April 2017 by PRC Architecture and Planning.

 

11.       No part of the development shall be occupied until a detailed soft landscaping scheme for the site, including details of the roof gardens and appropriate irrigation systems, and a landscape management and maintenance plan, has been submitted to and approved in writing by the Local Planning Authority. The detailed scheme shall be based upon the Landscape Strategy contained within the Design and Access Statement dated 3rd April 2017 by PRC Architecture and Planning. The approved soft landscaping scheme shall be carried out not later than the first available planting and seeding season after completion of 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.

           

12.       No part of the development shall be occupied until the modified access and egress arrangements from Clarendon Road, as shown in principle on the approved drawings, and the servicing and delivery areas to the front and side of the building, have been completed in full.

 

13.       No dwelling within the development shall be occupied until the following facilities have been provided for the use of residents, in accordance with the approved drawings:

 

            i)          the secure cycle store for at least 154 cycles;

            ii)         the bin store for waste and recycling;

            iii)        the storage cages within the storage rooms on the 1st-6th floors;

            iv)        the roof gardens at 7th floor level and on the roof of the tower.

 

            These facilities shall be retained at all times for the use of the residential occupiers of the dwellings.

 

14.       No part of the office floor space shall be occupied until the following facilities have been provided for the use of residents, in accordance with the approved drawings:

 

i)          the secure cycle stores for at least 97 cycles and shower/locker facilities for employees;

ii)         the secure cycle stores for at least 24 cycles for visitors;

ii)         the bin store for waste and recycling;

 

            These facilities shall be retained at all times.

 

15.       No part of the office floor space shall be occupied until a detailed Travel Plan for the development, based upon the Hertfordshire County Council document 'Hertfordshire Green Travel Plan Guidance’, has been submitted to and approved in writing by the Local Planning. The approved plan shall be implemented as approved at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

16.       No plant or equipment shall be installed within the roof level plant room until an acoustic assessment has been submitted to and approved in writing by the Local Planning Authority which demonstrates that the sound pressure level from the plant room will be at least 10dB below the lowest LA90 (15 minute) noise level measured at 1m from the adjoining residential flats when all plant and equipment is operational. The assessment shall include appropriate noise mitigation measures. All plant and equipment shall be installed as approved and no plant or equipment shall be brought into operation until the approved mitigation measures have been installed.

 

17.       All plant and equipment shall only be sited within the designated plant enclosure shown on the approved drawings. No plant or equipment shall be installed outside the approved plant enclosure unless details have been submitted to and approved in writing by the Local Planning Authority. Details to be submitted for approval shall include siting, size, appearance and technical specifications relating to noise.

 

18.       No dwelling 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.

           

19.       For the avoidance of doubt, no communications development permitted by Class B or Class C of Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 shall be undertaken on the building.

 

20.       The cleaning of the building shall only be undertaken using a monorail and cradle access system with the cradle stored at ground level, in accordance with the submitted details, unless otherwise agreed in writing by the Local Planning Authority.

 

21.       The ground floor commercial unit adjoining the office entrance (eastern unit) shall only be used as a café/restaurant within Class A3 of the Town and Country Planning (Use Classes) Order 1987 (as amended) and for no other purpose. The use shall not be open to the public before 0800 hours or after 2300 hours on any day.

           

22.       The ground floor commercial unit adjoining the residential entrance (western unit) shall only be used as a café/restaurant within Class A3 or as offices within Class A2 or Class B1(a) of  the Town and Country Planning (Use Classes) Order 1987 (as amended) and for no other purposes. The use shall not be open to the public before 0800 hours or after 2300 hours on any day.

 

23.       The commercial unit at 8th floor level on the roof of the office building shall only be used as a café/bar within Class A3/A4 of the Town and Country Planning (Use Classes) Order 1987 (as amended) and for no other purpose. Prior to commencement of the development the hours of public access to this unit and outdoor terrace shall be submitted to and approved in writing with the Local Planning Authority. The use shall only be operated in accordance with the approved hours for public access.

 

24.       Prior to the commencement of development a scheme for the phasing of the construction of the development shall be submitted to and approved in writing by the Local Planning Authority. The construction phasing shall secure the construction of the office building prior to the release of residential units for occupation. The development shall only be carried out in accordance with the approved phasing scheme.

 

Informatives

 

1.         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

 

2.         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 (semeta.bloomfield@watford.gov.uk).

 

            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.

 

3.         This planning permission is accompanied by a unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 to secure a financial payment towards the provision of affordable housing in the Borough, a financial payment to exclude the development from the local controlled parking zone, a financial payment towards the monitoring of a Travel Plan,  the provision of necessary fire hydrants to serve the development and a financial contribution towards the environmental improvement of Clarendon Road.

 

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.         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 entered into extensive pre-application discussions with the applicant and completed a Planning Performance Agreement for the application.

 

6.         All works required to be undertaken on the highway network will require an Agreement with the Highway Authority. Before commencing the development the applicant shall contact HCC Highways Development Management, County Hall, Pegs Lane, Hertford, SG13 8DN to obtain their permission and requirements. This is to ensure any work undertaken in the highway is constructed in accordance with the Highway Authority's specification and by a contractor who is authorised to work in the public highway.

 

Waiving of Council Procedure Rule 8.0

 

During the previous debate the Chairman moved that Council Procedure Rule 8.0 be waived to allow the meeting to finish beyond 10.30 pm.

 

On being put to the meeting the motion was CARRIED.