The demolition of the club-house and provision of a play, skating and cycling park, including the erection of a café and community facilities together with the improvement of walking and cycling routes through the park

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 Head of Development Management introduced the report.  He explained that the application was for the provision of a play, skate and cycling park, including a new café and community facilities, and improved walking and cycling routes through the park.

 

Attention was drawn to the update sheet which included details of two petitions, one in objection and one in support of the scheme, which had been received after publication of the officer’s report.

 

The Chair invited Sue Sleeman, a local resident, to speak to the committee in opposition to the application.  Ms Sleeman explained that, in a few short hours of consultation over the previous week, a large number of local residents had expressed concerns about the relocation of the skate park.  It was noticeable that those closest to the development had expressed greatest concern and arguable that the views of these residents should attract more weight.

 

Local residents wished to preserve the opportunity for quiet enjoyment in the park and were concerned that the skate park would create noise and disturbance to other park users.  There were also fears of anti-social behaviour.  Residents questioned the viability of the café and what uses it would be put to if unsuccessful as a business.  It was requested that more consultation be undertaken to take into account the views of local residents.

 

The Chair invited Amy Carr, a local resident, to speak for the application.  Ms Carr explained that skateboarders were wrongly typecast by members of the public who mostly rarely came into contact with them.  The proposed skate park would house a range of activities for all abilities which would benefit young people who, in her experience, were broadly supportive and encouraging of one another.

 

Interest in skateboarding as a sport was growing and it would be included as an Olympic sport in Tokyo in 2020.  Indeed, trials for the UK skateboarding team would be held in Hemel Hempstead and it was suggested that the provision of facilities in Oxhey Park could help to promote local talent.  Watford Borough Council’s continued investment in its parks was welcomed.

 

However, Ms Carr argued that the total regeneration of the area would provide leisure opportunities for the entire community; as well as wheeled sports activities, the enhancement of the park would benefit walkers, young children, bike riders and those seeking a venue to meet friends and share time over refreshments.

 

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

 

Committee members welcomed the investment in wheeled sports activities in the town and the focus which was being given to facilities for young people.  Although some members suggested that an alternative location should have been considered, it was pointed out that the proposed site would be more accessible to local transport options. 

 

Members of the committee acknowledged that the regeneration of the park would lessen the space available for quiet enjoyment and for dog walkers, however there were ample alternative opportunities in close proximity, including Oxhey Grange, Riverwell, Watford Fields and the Ebury Way.

 

Any detrimental impact on local residents close to Oxhey Park was not thought to be overwhelming by the committee.  However, in order to minimise the risk of anti-social behaviour in the park, it was proposed that an extra informative should be included requiring a park management plan to be agreed and put in place prior to the new facilities being opened.

 

The Chair moved the officer’s recommendation, subject to the inclusion of an extra informative regarding the park management plan.

 

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 car parking layout shall be completed in accordance with the plans hereby approved prior to the skate park is brought into use. 

                                   

3.         No development shall commence within the site until full details and samples of the materials to be used for the external surfaces of the community building including doors, and windows and roof details have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall only be implemented in accordance with the approved details.

           

4.         The development permitted by this planning permission shall be carried out in accordance with the approved flood risk assessment (FRA) ‘Watford Borough Council: Oxhey Park North: Proposed cycle Hub/ BMX Track /Sate Park Updated Flood Risk Assessment’ produced by Hydro-Logic services Ltd (ref: L0071/1, November 2017) and compensatory flood storage measures detailed within the FRA. 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.

 

5.         No development shall commence within the site shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site has been submitted to and approved in writing by the Local Planning Authority:

 

(1)        A preliminary risk assessment which has identified:

(i)         all previous uses;

(ii)        potential contaminants associated with those uses;

(iii)       a conceptual model of the site indicating sources, pathways and receptors;

(iv)       potentially unacceptable risks arising from contamination at the site.

 

(2)        A site investigation scheme, based on (1), to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

(3)        The results of the site investigation and detailed risk assessment referred to in (2) 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.

 

(4)        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 (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

6.         The development hereby permitted shall not be brought into use until a verification report demonstrating completion of works set out in the approved remediation strategy 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. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

 

7.         No development within the site shall take place until a long-term monitoring and maintenance plan in respect of contamination, including a timetable of monitoring and submission of reports to the Local Planning Authority, has been submitted to and approved in writing by the Local Planning authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to and approved in writing by the Local Planning Authority. Any necessary contingency measures shall be carried out in accordance with the details in the approved reports. On completion of the monitoring specified in the plan a final report demonstrating that all long-term remediation works have been carried out and confirming that remedial targets have been achieved shall be submitted to and approved in writing by the Local Planning Authority.

 

8.         If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has:

 

(a)        submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination is to be dealt with; and,

(b)        obtained written approval from the Local Planning Authority for that remediation strategy. The remediation strategy shall be implemented as approved.

 

9.         No development shall commence within the site until such time as a scheme to dispose of foul and surface water has been submitted to and approved in writing by the Local Planning Authority. The scheme shall make provision for roof drainage from the building to be sealed at ground level. The scheme shall be implemented as approved.

 

10.       Piling or any other foundation designs using penetrative methods shall not be used on site other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

11.       No development shall commence on site until a detailed survey of the application site has been undertaken to assess the existing ground conditions and the extent of any land contamination and if necessary appropriate measures shall be incorporated into the development to ensure adequate protection for future occupants of the development and occupiers of existing adjoining premises from contamination. Such measures shall be agreed in writing with the Local Planning Authority prior to any works commencing on the site and shall be incorporated into the development before any part of the approved development is first brought into use.

 

12.       No development commence within the site until the detailed design of the vehicular access to the site has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the approved detailed design.

 

13.       No works shall commence on the site until such time detailed plans of access junction shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. All construction works shall be carried out in accordance with the approved plans. The access junction detailed plan should be to scale for a Stage 1 safety audit and the details shall include: a. Access junction with entry/exit radii (not drop kerb) b. Width of the access suitable for two large vehicles to pass one another c. Proposed location of any entrance barriers and the operation details. d. Proposed right turning lane, width, alterations to lane markings and alterations to local road signs. e. Visibility splays.

 

14.       Prior to the first occupation of the development hereby permitted access shall be constructed in accordance with a detailed scheme to be agreed in writing with the Local Planning Authority, in consultation with the Highway Authority.

 

15.       Before being brought in to use the new parking areas hereby approved shall be surfaced in durable bound material and arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge in to highway.

 

Informatives                         

 

1.         For details of how the Local Planning Authority has reached its decision on this application please refer to the report of the Development Management Section Head to the Development Management Committee, which can be obtained from the Council's website www.watford.gov.uk, where it is appended to the agenda of the committee meeting of 3rd January 2018; and please refer also to the minutes of that meeting.

 

2.         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 2015.

 

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 more information and for advice as to whether a Building Regulations application will be required please visit www.watfordbuildingcontrol.com.

 

4.         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

 

5.         The applicants are reminded that works affecting the public highway, including any alterations to the existing vehicular access to the site, will require a separate agreement with Hertfordshire County Council (the Highway Authority) under Section 278 of the Highways Act 1980. 

 

6.         The applicants are reminded that the storage of materials: The applicant is advised that the storage of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority before construction works commence. Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspxor by telephoning 0300 1234047.

           

7.         The applicants are reminded that the obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence. Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.

 

8.         The applicants are reminded that it is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads-and-pavements.aspx or by telephoning 0300 123 4047.

 

9.         You are advised that there should be a management plan in place to deal with among other issues antisocial behaviour prior to the skate park being brought into use.