Redevelopment of the site to provide a mixed use scheme including 100 residential units, circa 5,945sq.m office floorspace and ancillary flexible use unit at ground floor level

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 Principal Planning Officer (AR) introduced the report, explaining that the application was for the redevelopment of the site to provide a mixed use scheme including 100 residential units, circa 5,945m2 office floor space and an ancillary flexible use unit at ground floor level, with associated cycle parking, car parking and landscaping.

 

Attention was drawn to the update sheet which included some corrections to the officer’s report and changes to the conditions.

 

The Chair invited Deborah Harvey, a local resident, to speak to the committee.  Mrs Harvey explained that the proposed application would detrimentally impact her house in Estcourt Road.  The scheme’s size and bulk were out of proportion and context with the Estcourt conservation area which it bordered.  Whilst residents accepted that parts of Clarendon Road would be characterised by tall buildings, more modest buildings of 8-10 storeys should be located closer to residential areas.

 

Mrs Harvey continued that due to its height and bulk, day and sunlight would be restricted to her property and she would be overlooked.  This effect would be exacerbated by the siting of the flats to the rear of the development, 10 metres closer than the existing buildings.

 

In addition, Mrs Harvey highlighted the concerns of residents about the impact on local facilities, such as GP surgeries and schools.  There were also questions about parking and congestion in the area with few off-street parking opportunities and the likelihood of car ownership amongst future residents of the car-free development.  This would be particularly acute outside the CPZ hours of operation.

 

The Chair invited Peter Jeffery, JLL, to speak for the application.  Mr Jeffery explained that this was an ambitious mixed use development which would provide a number of benefits: increased and higher quality office floor space in a designated employment area; 100 new dwellings in a highly accessible and sustainable location; and 33% affordable housing of mainly two and three bed units which were in greatest demand.   In addition, the developer would make a financial contribution towards environmental improvements on Clarendon Road.

 

Countering the suggestion that a tall building was inappropriate in this location, Mr Jeffery explained that it would be in keeping with other developments which had been approved recently by the committee, including the TJX site and Gresham House.  Although there would be an impact on local residents, the development included landscaping proposals which should make the relationship more acceptable.

 

The Chair invited County Councillor for Central Watford and Oxhey Stephen Giles-Medhurst to speak to the committee.  County Councillor Giles-Medhurst stated that the development would have undue harm on the Estcourt conservation area.  The height and massing of the buildings would be exaggerated by the local topography and the design would allow overlooking on residential houses in neighbouring streets.

 

County Councillor Giles-Medhurst continued that the main tower would be the tallest structure on Clarendon Road and would cause a considerable loss of day and sunlight to properties on Estcourt Road.  If the development were approved, it could encourage other very tall buildings to be proposed to the further detriment of local residents and contrary to the council’s own planning policies.

 

The committee agreed that Central Ward Councillor Aga Dychton could address the meeting.  Reiterating the points made previously, Councillor Dychton outlined that local residents were concerned about the impact on the Estcourt conservation area.  The height, massing and scale of the proposed development would be extremely harmful.  Residents were concerned about the knock-on effect of permitting this development and questioned where a limit on acceptable building height would be set.

 

In a clarification by the officer, it was confirmed that the distances from the new development to houses on Estcourt Road were policy compliant.  Indeed the removal of the existing out buildings and introduction of some landscaping would provide a more pleasing outlook for residents.

 

Thanking the speakers, the Chair invited comments from the committee.

 

Members of the committee welcomed the redevelopment of this site to provide high quality office space in one of the town’s key employment areas.  In addition, they welcomed the affordable housing provision and particularly its inclusion of two and three bed units, which were in greatest demand by the council’s housing team. 

 

Some committee members were particularly concerned about the impact on surrounding residents, both in terms of the dominance of the building and the impact on congestion in local streets.  They suggested that the height of the main tower should be reduced to avoid a precedent being set for future developments on Clarendon Road.  It was also suggested that a more stepped approach closer to the residential buildings should be introduced.

 

Other members, whilst acknowledging these concerns and those raised by local residents, considered that the development was policy compliant and an attractive addition to Clarendon Road.  Moreover, the benefits of the scheme, particularly its affordable housing provision, outweighed any potential harm.  There was a short discussion about the possibility of seeking access to office car parking for residents outside normal office hours, however this was considered an unworkable arrangement.

 

The Chair moved the officer’s recommendation.

 

RESOLVED –

 

that planning permission be granted, subject to the following conditions:

 

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 all 33 units in the eastern block of the development to be Affordable Housing units comprising social rented units, affordable rented units and intermediate with a tenure mix of social rent 20%; affordable rent 65% and intermediate 15%.

 

ii)         To secure a financial contribution to the Council of £300,000 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:-

           

Drawing No    Rev      Title

050-000          P02     Site Location Plan

050-002          P02     Block Plan

050-001          P01     Existing block plan

050-011          P02     Proposed car park level

050-012          P02     Proposed ground floor

050-013          P01     Proposed Level 01

050-014          P01     Proposed Level 02

050-015          P01     Proposed Level 03

050-016          P01     Proposed Level 04

050-017          P01     Proposed Level 05

050-018          P01     Proposed Level 06

050-019          P01     Proposed Level 07-13

050-020          P01     Proposed Level 14-16

050-021          P01     Proposed Level 17

050-022          P02     Roof plan

050-301          P02     Proposed north elevation

050-302          P02     Proposed east elevation

050-303          P01     Proposed south elevation

050-304          P01     Proposed west elevation

050-305          P01     Proposed section elevation east

050-306          P02     Proposed section elevation west

050-307          P01     Proposed section A

050-308          P01     Proposed section B

050-309          P02     Proposed section C

050-701          P01     Detail Bay 01

050-702          P01     Detail Bay 02

050-703          P01     Detail Bay 03

050-704          P01     Detail Bay 04

050-E100        P01     Existing basement

050-E101        P01     Existing ground floor

050-E102        P01     Existing first floor plan

050-E103        P01     Existing second floor plan

050-E104        P01     Existing third floor plan

050-E105        P01     Existing fourth floor plan

050-E106        P01     Existing roof plan

050-E107        P01     Existing elevations north and west

050-E108        P01     Existing elevations south and east

050-E109        P01     Existing sections 1 and 2

050-E110        P01     Existing sections 3 and 4

050-V01 E      -           Existing View St Johns Road

050-V01 P      P01     Proposed artist’s impression

091178-L-102 A        Landscape General Arrangement Plan Ground floor

091178-L-103 A        Landscape General Arrangement Plan Podium Level

091178-L-104 A        Landscape General Arrangement Plan Roof Level

091178-L-105 A        Hard Landscape General Arrangement Plan Ground floor

091178-L-106 A        Hard Landscape General Arrangement Plan Podium Level

091178-L-107 A        Hard Landscape General Arrangement Plan Roof Level

091178-L-108 A        Illustrative Masterplan

091178-L-200 A        Soft Landscape General Arrangement Plan Ground floor

091178-L-201 A        Soft Landscape General Arrangement Plan Podium Level

091178-L-202 A        Soft Landscape General Arrangement Plan Roof Level

091178-L-300 A        Landscape Typical Sections

 

3.         Development shall not commence until a drainage strategy detailing any on and/or off site drainage works, has been submitted to and approved by, the local planning authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

 

4.         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 have been submitted to and approved in writing by the Local Planning Authority.

           

5.         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 Proposals of the approved drawings.

 

6.         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 Proposals of the approved drawings. 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.

           

7.         No part of the development shall be occupied until details and siting of bollards at the northern end of the proposed shared servicing area 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.

 

8.         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 has been completed in full.

 

9.         The applicant is required to provide swept path assessments for private cars for the internal layout of the basement car park. The swept path assessments should demonstrate that private vehicles can enter the site in a forward gear, manoeuvre within it and depart in a forward gear. Swept path assessments should also illustrate the movements associated with larger vehicles such as refuse collection vehicles which will serve the site from St John’s Road.

 

10.       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 bin store for waste and recycling;

            ii)         the 100 lockable storage cages within basement

            iii)        the roof gardens at 7th floor level

 

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

 

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

 

i)        the secure cycle storage for at least 80 cycles and shower/locker facilities for employees;

ii)       the bin store for waste and recycling;

 

            These facilities shall be retained at all times.

 

12.       No development shall commence until a scheme to reduce noise from the plant room entering the neighbouring flats has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed to demonstrate that the sound from the plant room does not exceed 38 dB (Z) in the 100 Hz one-third octave frequency band and 35dB(A) max within any habitable room of any of the dwellings. Information shall be provided for each room potentially affected. None of the dwellings referred to in this condition shall be occupied until this condition is discharged. All plant shall be adequately isolated to prohibit vibration.

 

13.       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.

           

14.       No part of the development shall be occupied until the measures of the Travel Plan dated October 2017, prepared by Markides Associates (ref R02A) has been implemented as approved, unless otherwise agreed in writing by the Local Planning Authority.

 

15.       All residential units shall achieve the recommended maximum internal noise levels under BS 8233 through the provision of a good quality window units with a Rw of at least 33 dB in accordance with the noise assessment dated 27th September 2017 by Hawkins Associates.

 

16.       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.

 

17.       The ground floor commercial unit adjoining the office entrance (northern 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 purpose. The use shall not be open to the public before 0800 hours or after 2300 hours on any day.

 

18.       No outdoor seating areas associated with the flexible use unit shall be installed until a detailed plan for the layout of the area has been submitted to and approved in writing by the Local Planning Authority. The areas shall be used only in accordance with the approved details. The areas shall be cleared of customers and furniture between the hours of 2300 hours and 0800 hours on any day.

 

19.      The development permitted by this planning permission shall be carried out in accordance with the approved the SUDS Strategy carried out by Pringuer-James Consulting Engineers reference L2262-REP-002 dated 13 November 2017 the following mitigation measures;

1. Limiting the surface water run-off to a maximum of 40l/s with discharge into the Thames water sewer for the 1 in 100 year event.

2. Providing 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.

3. Undertake drainage strategy to include to the use attenuation tank and permeable paving, green roofs and podiums.

 

20.      No development shall take place until the final design of the drainage scheme is completed and sent to the LPA for approval. The scheme shall also include;

            1. Detailed design of the drainage scheme including detailed engineered drawings of the proposed SuDS features including their, location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding discharge and volume calculations/modelling.

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

 

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 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.ukor 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.