Creation of new boundary to garden of two existing semi-detached houses and erection of two new 3 bedroom semi-detached houses.

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 application was for the creation of new boundary to garden of two existing semi-detached houses and erection of two new 3 bedroom semi-detached houses with off-street car parking.

Attention was drawn to the update sheet, which included some amended drawing numbers and conditions.

The Development Management Team Leader advised that an additional condition should be added removing permitted development rights to future occupants of the two properties.

The Chair invited Mr David Moore, a local resident, to speak against the application.  Mr Moore expressed residents’ widespread dismay and anger about repeated attempts to build on the land attached to the two Denbigh Cottages.  The latest back garden development was considered out of keeping with the two cottages and other properties on Chapel Close.  It would result in an unacceptable loss of trees and open space in the area and, by generating a dangerous blind corner, raised safety concerns for children walking to and from the local primary school.

Mr Moore also commented that residents were concerned about the prospect of future occupants expanding the properties to four-bedroom dwellings – an overdevelopment of the land – with insufficiently sized gardens.

In response to a query from the Chair, the Development Management Team Leader clarified that the development was not a typical back land site, since it had frontage to Chapel Close.  Whilst the gardens of the two properties fell short of the minimum standards specified in the Residential Design Guide (by some 3m² and 3.5m² respectively), the properties were otherwise policy compliant. 

The Chair invited Christophe Spiers, Thomas & Spiers Architects, to speak for the application.  Mr Spiers outlined the revisions to the planned scheme which had been undertaken in response to comments from council officers, the appeal inspector and local residents.  The result provided well designed, flexible living accommodation over three levels, with good garden space and off street parking.

Addressing the concerns of local residents, Mr Spiers advised that the development would include landscaping and tree planting proposals to mitigate the loss of greenery.  In addition, it was proposed to remove the garden fence on the bend of the road to improve visibility and reduce safety concerns.

The Chair invited Woodside Ward Councillor, Karen Collett, to speak.  Councillor Collett expressed concerns about the loss of openness which would be experienced by Chapel Close residents if this development were permitted.  Chapel Close had a uniqueness which would be lost. 

Council policy sought schemes which respected and enhanced the character and appearance of an area – this scheme did neither.  A protracted planning process had resulted in a development which was incompatible with existing Chapel Close properties.

The loss of parking was also a concern to local residents, who were feeling the impact of growing school numbers in the recently expanded local school.

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

Committee members considered that the proposed development had responded positively to previous criticism.  The resultant design was more in keeping with surrounding properties and should be broadly acceptable to residents.  Although there were some concerns about the shortfall in garden sizes, the committee welcomed a proposal to add a condition withdrawing the permitted development rights of future occupiers.  This would ensure that four bedroom properties with substandard sized gardens could not be built on the site.

Despite residents’ safety concerns, it was noted that Hertfordshire County Council (Highway Authority) had not raised any objections to the proposed scheme.

The Chair moved the officer’s recommendation subject to an additional condition restricting future occupiers’ permitted development rights and the amended drawing numbers in the update sheet:

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.

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 hereby permitted shall be carried out in accordance with

            the following approved drawings:-

            P149_SP_01 P3

            P149_GA_01 P4, 02 P4, 03 P4, 04 P4, 05 P4, 06 P4

 3.        No construction works shall commence until details of the materials to be used for all the external finishes of the building, including walls, roof, doors and windows 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.         The new dwellings hereby approved shall not be occupied until full details of a soft landscaping scheme have been submitted to and approved in writing by the Local Planning Authority. This scheme shall include the retention of the existing trees along the western boundary, measures to protect these trees during construction works, and new tree planting within the site. The approved tree protection measures shall be implemented before construction works commence and shall be retained throughout the construction period. The approved planting 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.

5.         The new dwellings hereby approved shall not be occupied until full details of a hard landscaping scheme, including details of all site boundary treatments and all fencing within the site, have 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. 

6.         The new dwellings hereby approved shall not be occupied until a sustainable drainage scheme for the drainage of the car parking spaces has been submitted to and approved in writing by the Local Planning Authority and the approved scheme has been implemented in full. 

7.         i)          The first floor window to the study void in the east facing elevation of           House 2 facing towards nos. 127-129, High Road, shall be non-opening            and fitted with obscured glazing at all times.

ii)         The first floor windows to the study in the south facing elevation of House 2 shall be fitted with metal angled extrusions as shown on the approved drawings and shall be non-opening at all times.

8.         The flat roof areas of the single storey rear extensions of both houses shall not be used as a terrace or amenity area or for any other purpose.

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.         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.         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 advice on the proposal and sought amendments during the application process.