Demolition of existing disused bank building and replacement with new residential development which includes 11 new dwellings with associated gardens and car parking. (Amended plans)

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.

Before inviting officers to speaker, the Chair explained to the committee the linked nature of the above application and the following item (17/01619/FUL Land Adjacent To 17 - 19 St Johns Road).  As a consequence, the committee should consider the two applications concurrently.  Separate votes would be taken at the end of the committee’s deliberations.

The Principal Planning Officer (CO) introduced the report.  He explained that the application was for the demolition of the existing disused bank building and replacement with a new residential development which included 11 dwellings.

The Chair invited Miles Young from MRPP to speak for the application.  Mr Young explained the improvements which had been made to the previously refused scheme on this site.  These included significant changes to the building design and materials, and to parking arrangements in this congested part of Oxhey.

Mr Young went on to outline the arrangements which had been agreed with planning officers to provide affordable housing at a different location in St John’s Road.  This was the subject of the next application on the committee’s agenda (17/01619/FUL Land Adjacent To 17 - 19 St Johns Road).

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

Members of the committee welcomed the innovative solution being offered by the developer to provide market sale and affordable housing, particularly of the tenure most needed in the borough, across two sites in the town. 

However, there were some questions about the contemporary design approach of the Oxhey development, which some members of the committee considered to be cramped, cluttered and out of character with the surrounding area. 

The Chair moved the officer’s recommendation.

RESOLVED –

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, conditional planning permission be granted subject to the conditions listed below:

Section 106 Heads of Terms

i)                    To require the 3no. 3-bed houses proposed in the planning application at land adjacent to 17 – 19 St Johns Road (ref: 17/01619/FUL) to be provided as affordable rented units.

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:-

            MRPP2; 5407/A100 Rev P;5407/A101 Rev L; 5407/A108 Rev F; TS16-148R\1; TS16-148R\2; TS16-148R\3; TS16-148R\4; TS16-148R\5.

3.         No construction works above damp proof course level shall commence until details of the materials to be used for all the external finishes of the buildings, including walls, roofs, doors, windows, fascias and balustrades, 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.         No construction works above damp proof course level shall commence until detailed drawings of the window and door reveals, brick detailing and capping to the external walls, 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 details.

5.         No part of the development shall be occupied until full details of a soft landscaping scheme have been submitted to and approved in writing by the Local Planning Authority. The approved landscaping 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.

6.         No part of the development shall be occupied until full details of a hard landscaping scheme, including: details of the surfacing of the vehicular access, car park, pathways and amenity areas; details of all site boundary treatments, and all fencing or enclosures 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, unless otherwise agreed in writing by the Local Planning Authority.

7.         No part of the development shall be occupied until details of the siting, size and design of refuse and recycling storage facilities have been submitted to and approved in writing by the Local Planning Authority and the storage facilities have been installed in accordance with the approved details. The storage facilities shall be retained at all times thereafter.

8.         No part of the development shall be occupied until an updated Noise Assessment has been submitted to and approved in writing by the Local Planning Authority. This shall include specification details of the building envelope and the mechanical ventilation system(s) for each of the dwellings to achieve the internal noise levels contained in BS 8233:2014, along with specification details of the building services plant. Together, the ventilation systems and building services plant shall not exceed 39dB(A) during the day-time and 27dB(A) during the night-time, one metre from the nearest residential façades when assessed in accordance with BS 4142:201. The building services plant shall be mounted on appropriate anti-vibration mountings. The development shall be implemented in accordance with the approved details and retained thereafter for the lifetime of the development.

9.         Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any modification or re-enactment thereof), no development permitted under Schedule 2, Part 1, Classes A, B, D, E and F of the Order shall be carried out to the dwelling house adjacent to the boundary with No. 4 Haydon Road without the prior written permission of the Local Planning Authority.

10.       No above ground construction may commence until a detailed surface water drainage scheme for the site, based on the Flood Risk Assessment and SUDS Strategy prepared by XCO2, dated January 2018, has been submitted to and approved in writing by the local planning authority. The scheme shall include:

1.      Final, detailed drainage plan including the location and size of all SUDS features, pipe runs and discharge points with all invert and outlet levels.

2.      Detailed engineered drawings of the proposed SuDS features including cross section drawings, their size, volume, depth and any inlet and outlet features including and connecting pipe runs.

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

            The scheme shall subsequently be implemented in accordance with the approved details prior to occupation of the development.

Informatives

1.         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.

2.         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.

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

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

5.         Best practical means shall be taken at all times to ensure that all vehicles leaving the development site during construction of the development are in condition such as not to emit dust or deposit mud, slurry or other debris on the highway.This is to minimise the impact of construction vehicles and to improve the amenity of the local area.

6.         The applicant is advised that storage of materials associated with the development should take place within the site and not extend into within the public highway without authorisation from the highway authority, Hertfordshire County Council. If necessary further details can be obtained from the County Council Highways via either the website http://www.hertsdirect.org/services/transtreets/highways/ or telephone 0300 1234047 to arrange this.

7.         The developer should be aware that the required standards regarding the maintenance of the public right of way and safety during the construction. The public rights of way along the carriageway and footways should remain unobstructed by vehicles, machinery, materials and other aspects of construction works.

8.         Where works are required within the public highway to facilitate access the highway authority require the construction of such works to be undertaken to their specification and by a contractor who is authorised to work in the public highway. In relation to vehicle crossovers the applicant is advised to see the attached website. Vehicle crossover guidance http://www.hertsdirect.org/docs/pdf/d/vxo.pdf and to apply for vehicle crossover http://www.hertsdirect.org/services/transtreets/highways/hhonlineservices/vxo/ 

9.         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