Erection of two apartment buildings, of up to 7 and 10 storeys, to provide 135 apartments (38 affordable). (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. 

 

The Principal Planning Officer (AR) introduced the report explaining that the application proposed the demolition of the existing buildings on site and erection of two residential buildings of up to 7 and 10 storeys, to provide 135 apartments (of which 38 would be affordable) and the erection of a two bedroom dwelling.

 

The Chair invited Fauzia Farooq, a local resident, to speak against the application.  Ms Farooq explained that she was speaking on behalf of local residents who considered the proposed scheme to be an overdevelopment of the site in an already overcrowded area of Watford.  It would be overbearing and out of scale and context with the local area, which was predominantly characterised by two and three storey Victorian houses.  The application should not be referenced by the more distant Ascot Road development. 

 

Whilst residents accepted, and welcomed, the redevelopment of the site to provide new housing, they were concerned that the detrimental impact on local residents was being ignored.  This included overlooking and privacy concerns and unacceptable reductions in sun and day light levels to neighbouring properties in contravention of BRE guidelines and the council’s Residential Design Guide. 

 

In addition, residents raised concerns about the lack of green space and play areas for children, and about parking provision.  

 

The Chair invited Douglas Bond from Woolf Bond Planning, to speak to the committee.  Speaking on behalf of the applicant, Mr Bond explained that the current scheme had been agreed following extensive discussions with the key stakeholders, including council officers and local residents.  The result was a compliant scheme which would bring sustainable regeneration to enhance the area, much needed family sized affordable housing units and environmental improvements to local residents.

 

Commenting on the design of the scheme, Mr Bond advised that the taller buildings of concern to residents would be set back from the road.  The buildings fronting the street would be three storeys in height, in keeping with surrounding properties.

 

Mr Bond noted that given the accessible and sustainable location of the site, a s106 agreement had been agreed which would restrict future occupiers’ entitlement to park in the surrounding controlled parking zone (CPZ).  This would prevent further parking pressures on local roads.  In addition, the applicant had agreed to investigate the feasibility of including a car club in the development.

 

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

 

Committee members welcomed the new affordable housing provision included in the scheme.  Although this did not meet the council’s 35% requirements based on units, it was noted that the proposed tenure mix, which included larger family sized units, was acceptable in addressing the borough’s urgent housing need.

 

There was a discussion about the design of the development and its effect on the surrounding area, particularly its height and visual impact, as well as issues about overlooking and reduced sun and day light levels to neighbouring properties.  Although acknowledging the pressure for high density developments in the town, some members of the committee argued that comparisons with recently approved taller buildings in the town did not provide a relevant reference point in this case.  The building should be seen instead in the context of surrounding two or three storey dwellings.

 

In addition, some committee members suggested that there would be an unacceptable increase in local car parking and traffic movements, despite the s106 agreement and the site’s sustainable location.

 

The Chair invited Councillor Bell to propose a motion to refuse the application.  Councillor Bell proposed that the application be refused on the grounds of its height, poor design and impact on neighbouring properties, particularly the loss of light, privacy and outlook, in contravention of the council’s own policies and the National Planning Policy Framework.  On being put to the vote, the motion was LOST.

 

The Chair moved the officer’s recommendation subject to the inclusion of an additional s106 requirement for the developer to provide a car club if this is shown to be feasible.

 

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

 

Section 106 Heads of Terms

 

i)          To secure all 38 units in Block B of the development to be Affordable Housing units comprising 10 no. social rented units (6 no. 4B7P, and 4 no. 3B5P),  9 no. Affordable Rented units (9 no. 3B5P) and 19 no. Shared Ownership units (4 no. 1B2P, 9 no. 2B3P, 5 no. 2B4P, 1 no. 3B5P).

 

ii)         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;

 

iii)        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;

 

iv)        To secure the provision of fire hydrants to serve the site as required by Hertfordshire County Council.

 

v)         To secure provision of a car club operating from the Development

 

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 number       Rev      Title

PL_100           A          Existing Site Plan

PL_101           D          Proposed Site Plan- Level 0

PL_102           A          Proposed Site Plan- Level 1

PL_110           C          Block A - Level 0 Floor Plan

PL_111           A          Block A - Level 1 Floor Plan

PL_112           A          Block A - Level 2 Floor Plan

PL_113           A          Block A - Level 3 Floor Plan

PL_114           A          Block A - Level 4 Floor Plan

PL_115           A          Block A - Level 5 Floor Plan

PL_116           A          Block A - Level 6 Floor Plan

PL_117           A          Block A - Level 7 Floor Plan

PL_118           A          Block A - Level 8 Floor Plan

PL_119           A          Block A - Level 9 Floor Plan

PL_120           A          Block A - Level 10 Roof Plan

PL_130           B          Block A - North Elevation 01

PL_131           B          Block A - East Elevation 02

PL_132           A          Block A - West Elevation

PL_133           A          Block A - South Elevation

PL_134           A          Block A - Streetscene

PL_134                       Block A Main Elevation Sydney Road Elevation

PL_140           A          Block A - Section With Context

PL_190           A          Terrace Infill House

PL_210           E          Block B - Level 0 Floor Plan

PL_211           C          Block B - Level 1 Floor Plan

PL_212           C          Block B - Level 2 Floor Plan

PL_213           C          Block B - Level 3 Floor Plan

PL_214           C          Block B - Level 4 Floor Plan

PL_215           C          Block B - Level 5 Floor Plan

PL_216           C          Block B - Level 6 Floor Plan

PL_217           B          Block B - Level 7 Roof Plan

PL_SK230       C          Block B - Elevations 1

PL_SK231       C          Block B - Elevations 2

PL_240           A          Block B - Section With Context

PL_190           A          Terrace Infill House

PL_401                       Balcony Balustrade Details

PL_105                       Bin Store Layouts

-                       Tree Protection Plan

 

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.         Following completion of measures identified in the approved remediation scheme (November 2017, prepared by SLR, Ref. 402.07391.00002) and prior to the first use or occupation of the development, a verification report that demonstrates the effectiveness of the remediation carried out must be produced together with any necessary monitoring and maintenance programme and copies of any waste transfer notes relating to exported and imported soils shall be submitted to the Local Planning Authority for approval. The approved monitoring and maintenance programme shall be implemented.

 

5.         In the event that any evidence of potential contamination is found at any time when carrying out the approved development that was not previously identified in the approved Phase 2 report, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with a methodology previously approved by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with the immediately above condition.

 

6.         No development shall take place until a detailed surface water drainage scheme for the site based on the approved drainage strategy and sustainable drainage principles, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including 1 in 100 year + climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

1.         Detailed, post development calculations in relation to surface water for all rainfall events up to and including the 1 in 100 year return period, this must also include a +40% allowance for climate change.

2.         A detailed drainage plan including the location of all SuDS features, pipe runs and discharge points. If areas are to be designated for informal flooding these should also be shown on a detailed site plan.

3.         Exceedance flow paths for surface water for events greater than the 1 in 100 year plus climate change. This should be identified on a map for rainfall events that exceeds the 1 in 100 year plus climate change event.

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

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

 

7.         The development permitted by this planning permission shall be carried out in accordance with the approved surface water drainage assessment carried out by SLR Consulting Limited, reference 402.07391.00002, version no. Issue 2, dated December 2017 and the following mitigation measures:

 

1.         Limiting the surface water run-off generated by the critical storm events so that it will not exceed the surface water run-off rate of 1 l/s during the 1 in 100 year event plus 40% of climate change event for Block A & B and 1 l/s during the 1 in 100 year event plus 40% of climate change event for the terrace house.

2.         Providing storage 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 providing a minimum of 462.0 m3 (or such storage volume agreed with the LLFA) for Block A & B and a minimum of 1.6 m3 (or such storage volume agreed with the LLFA) for the terrace house of total storage volume in permeable paving with underground attenuation crate system storage.

3.         Discharge of surface water from the private drain into the Thames Water surface water sewer network.

 

            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.

 

8.         No external facing materials shall be installed on any building of the development until full details and samples of all the materials to be used for the external surfaces of the buildings have been submitted to and approved in writing by the Local Planning Authority.

 

9.         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, children’s play area 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 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.

           

11.       No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water.  Any piling must be undertaken in accordance with the terms of the approved piling method statement.

 

12.       No part of the development shall be occupied until the modified access and egress arrangements from Sydney Road, as shown in principle on the approved drawings has been completed in full.

 

13.       Prior to the first occupation of the development hereby permitted, vehicular visibility splays measuring 25m x 2.4 metres minimum shall be provided to each side of the new access where it meets the highway and such splays shall thereafter be maintained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

 

14.       No dwelling within the development shall be occupied until the bin and bicycle storage has been provided for the use of residents, in accordance with the approved drawings. These facilities shall be retained at all times for the use of the residential occupiers of the dwellings.

 

15.       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.

           

16.       No dwelling shall be occupied until the details of car parking allocation have been submitted to and approved in writing by the Local Planning Authority. A minimum of 28% of the on-site car parking spaces shall be allocated to the affordable housing units.

 

17.       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 26 dB in accordance with the noise assessment dated November 2017 prepared by SLR (Ref 402.07391.00002).

 

18.       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.

 

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.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.

 

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.

 

7.         A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer.  Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 02035779483 or by emailing wwqriskmanagement@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality.