Demolition of units N-Q and J-M and construction of 7 new houses with access from Judge Street and 8 parking spaces.

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 the demolition of units N-Q and J-M and construction of 7 new houses with access from Judge Street and 8 parking spaces.  This was an amended scheme.  It followed the committee’s refusal of a separate application on 6 September 2017 (reference 17/00943/FUL) on the grounds that it provided inadequate parking and would exacerbate existing parking problems in the surrounding area.  The current scheme was considered to overcome the reason for refusal.

 

Attention was drawn to the update sheet which included information on an additional letter of objection.

 

In recommending the application for approval, the Development Management Team Leader advised that an additional condition should be added removing permitted development rights to future occupants.

 

The Chair invited Callowland Ward Councillor Ahsan Khan to speak.  Councillor Khan considered that the new application did not resolve local concerns about chronic parking problems in the area.  Citing the most recent census information about car ownership in Watford, he suggested that 14 spaces were required to mitigate any impact on Judge Street residents.

 

Councillor Khan noted that parking demand on local streets was exacerbated by all day commuters and shoppers using nearby facilities.  No consideration appeared to have been made about these impacts in the planning assessment.

 

In response to a query from the Chair, the Development Management Team Leader clarified that council standards on parking represented a maximum number rather than a policy requirement.  The proposed development was in a highly sustainable location, close to local shops and transport facilities and the level of parking provision was therefore considered appropriate.

 

The Chair invited comments from the committee.

 

Committee members considered the proposed development to be a good quality design, in keeping with the character and appearance of the area.  However, two key issues were identified for greater discussion: the adequacy of parking provision and the level of amenity for future occupiers of two properties with more restricted garden space.

 

Some members of the committee argued that local parking problems were chronic and would be unacceptably impacted by the parking provided in the proposed development.  Moreover, they considered that the council should be more mindful of its own parking standards in devising the number of parking spaces.  As such, a more appropriate level of parking provision would be 14 spaces.

 

Other committee members argued that the former industrial site offered brownfield land in a sustainable location with good access to local shops and transport links as well as to the mainline railway station and town centre facilities.  In addition, by increasing the number of parking spaces to one per household with one visitor space, the proposed development had overcome the committee’s previous reasons for refusal.

 

However, the committee agreed that other methods of measuring current levels of car ownership in the town should be sought by officers, rather than relying on increasingly outdated census data.

 

Addressing the question of amenity, some members of the committee felt that the reduced garden sizes in two of the properties to accommodate additional parking on the site would result in insupportable levels of amenity for future occupiers. 

 

Whilst regretting the limited amenity space, other members of the committee argued that this consideration was outweighed by the benefit to existing Judge Street residents by the inclusion of additional parking spaces in the development.  It was important to consider the totality of the scheme.

 

The Chair invited Councillor Bashir to move a motion for refusal.  Councillor Bashir proposed that the application be refused on the grounds that its failure to provide adequate car parking and amenity space in some properties contravened the council’s Residential Design Guide and policy UD1 of the Watford Local Plan Core Strategy 2006-31.

 

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

 

The Chair moved the officer’s recommendation subject to an additional condition restricting future occupiers’ permitted development rights:

 

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:-

                       

            100 CS 001D, 100K, 101G, 102E, 104A, 201G

 

3.         No demolition of the existing buildings or construction of the development shall commence until a detailed scheme to deal with the risks associated with the potential contamination of the site has been submitted to and approved in writing by the Local Planning Authority. That scheme shall include all of the following elements:

 

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) above, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site;

 

iii)        the results of the site investigation and risk assessment referred to in (ii) above 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 the remediation strategy in (iii) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

            No changes to these components shall be undertaken without the written approval of the Local Planning Authority. All works shall be carried out in accordance with the approved details.

 

4.         No construction works shall commence until a verification report demonstrating completion of the works set out in the approved remediation strategy (see Condition 3 above) 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.

 

5.         If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until the developer has submitted to, and obtained written approval from, the Local Planning Authority for a remediation strategy detailing how this unsuspected contamination is to be dealt with. All works shall be carried out in accordance with the approved details.

 

6.         No development shall commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing.  The scheme shall include an assessment of archaeological significance and research questions; and

 

i)          The programme and methodology of site investigation and recording;

ii)         The programme and methodology of site investigation and recording as suggested by the archaeological evaluation;

iii)        The programme for post investigation assessment;

iv)        Provision to be made for analysis of the site investigation and recording;

v)         Provision to be made for publication and dissemination of the analysis and records of the site investigation;

vi)        Provision to be made for archive deposition of the analysis and records of the site investigation;

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

 

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

 

7.         No development shall commence until details of the external materials to be used for the development 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.

 

8.         No dwelling shall be occupied until the following works have been carried out in full:

 

i)          The construction of the new access from Judge Street and the internal access drive as shown on drawing no. 100 CS 101G;

ii)         The construction of the 8 car parking spaces as shown on drawing no. 100 CS 101G;

iii)        The construction of the bin stores as shown on drawing nos. 100 CS 101G and 104A;

 

9.         No dwelling shall be occupied until a detailed hard landscaping scheme for the site, including details of 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.

 

10.      No dwelling shall be occupied until a detailed soft landscaping scheme for the site has been submitted to and approved in writing by the Local Planning Authority. 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.

           

 

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), 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.

 

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.