Erection of part single storey and part two storey rear extension and the conversion of the enlarged dwelling to two apartments

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 (HN) introduced the report.  He explained that the application proposed the erection of a part single storey and part two storey rear extension and the conversion of the enlarged dwelling into two apartments (one of 4 bedrooms and one of 2 bedrooms) with a covered porch and alterations to the front driveway.

The Chair invited Raj Garg, Treasurer of the Cassiobury Triangle Residents’ Association, to speak to the committee.  Mr Garg explained that he was speaking on behalf of the immediate neighbours to the development as well as for the local residents’ association. 

Local residents were concerned about three key impacts.  First, parking pressures as a result of new road markings coupled with the proposed additional dropped kerb to enable access to the development.  Second, the extent of overdevelopment of the site.  Third the detrimental effect of the development on the character of the surrounding area – residents were concerned that this development would set a precedent, enabling the wider building of flats in the area in contravention of the local covenant.

In a clarification by the Chair, it was confirmed that restrictive covenants were a civil matter and could not be taken into account by the committee.

The Chair invited Stephen Melvin of Artelier Architecture and Design to speak for the application.   Mr Melvin confirmed that planning permission had already been received to develop the current property and that today’s application sought permission to split the accommodation into two flats.  This was in line with the council’s own policy and recognised that large houses with few residents were not a sustainable model at a time of growing housing need.  The resultant family sized accommodation would be fully policy compliant.

Addressing parking concerns, Mr Melvin advised that the street was characterised by a range of different front garden arrangements, which included extended crossovers and hardstanding for a number of parked cars.  The proposed parking arrangements for the development would not therefore be out of keeping with the surrounding area.

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

Committee members considered that the proposed development was fully policy compliant and would allow two good sized family properties on the current single plot. 

Acknowledging local residents’ concerns about the potential for the street to become characterised by flatted developments, the committee noted that council policy would prevent no more than 10% of surrounding properties being similarly converted in order to protect the character of the area from being changed detrimentally over time.

The Chair moved the officer’s recommendation.

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.         All the external surfaces shall be finished in materials to match the colour, texture and style of the existing buildings. In the event of matching materials not being available, details of any alternative materials shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the development shall only be carried out in accordance with any alternative details approved by this condition.

3.         The development shall be carried out in accordance with the following drawings

471/EX/001 Rev x, 471/EX/002 Rev x, 471/EX/003 Rev x, 471/EX/004 Rev x, 471/TP/001 Rev x, 471/TP/002 Rev x, 471/TP/003 Rev x

            Unless otherwise approved in writing by the Local Planning Authority.

4.         Notwithstanding the permitted development rights there shall be no windows, or any other openings on the flank elevations of the extension hereby approved and the glazing in the new window on the upper floor west facing elevation shall be completely obscured and shall be permanently maintained as such unless otherwise approved in writing by the local planning authority.

5.         Development shall not commence until a scheme for the subdivision of the rear garden to provide amenity space for each dwelling has been provided and agreed in writing with the local planning authority. This scheme should include the details of the siting, height and type of fencing or other means of enclosure around the boundaries of the site and within the site. These works shall be carried out prior to the first occupation of the development and shall be maintained as such at all times.

6.         None of the dwellings hereby approved shall be occupied until a replacement tree has been planted within the site in a position agreed in writing with the Local Planning Authority. In the event of the tree being removed or seriously damaged or diseased within a period of five years it shall be replaced by a tree of similar size and species.

Informatives

1.         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.

2.         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

3.         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.

            https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/393927/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

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 entered into extensive pre-application discussions with the applicant and requested amendments during the consideration of the application.

5.         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.