Demolition of existing single storey brick garage and erection of one new dwelling

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 full planning permission was sought for the demolition of the existing garage and the erection of a new 4 bedroom dwelling house, parking spaces, a layby and amenity space.

The Chair invited Barry Shedden, a local resident, to speak to the committee in opposition to the application.  Mr Shedden explained that local people considered the scheme did not comply with the council’s Residential Design Guide, particularly in regard to separation distances and overlooking.  In addition, there were questions about the accuracy of the application drawings, which omitted building and extension work carried out on the original property.

Neighbouring residents were concerned that the development would be visually dominant and would have an overbearing appearance.  This would be exacerbated by the extensive loss of trees from the site.  They also criticised the design of the development which was out of character with the area, and the proposed access and parking arrangements.

Mr Shedden provided the committee with some photographs to support his arguments.

The Chair invited Rob Marsh-Feiley, Hollins Architects, to speak for the scheme.  Mr Marsh-Feiley addressed the reasons for refusal of the previous application on this site and explained the changes which had been made to overcome the objections.  He explained that particular consideration had been given to local character appraisals, concerns about overlooking and the overshadowing of surrounding properties, safe access and egress and design initiatives to maximise the energy efficiency of the development.

The Chair invited Nascot Ward Councillor Mark Watkin to speak to the committee.  Councillor Watkin explained that local residents did not object in principle to the development of this site, but were concerned about its close proximity to neighbouring properties and the resultant loss of privacy.  He questioned whether the distances stated in the drawings was accurate and suggested that the unconventional design, with its flat roof, was out of character with the surrounding area.

Addressing questions about the separation distances, the Head of Development Management confirmed that all measurements had been taken from a scale plan.

In a clarification, the Head of Development Management advised that the flat roof would reduce the bulk and scale of the building, which, due to local topography, would only appear as one and a half storeys.  In addition, he suggested that neighbours’ concerns about overlooking from the balconies, could be overcome using privacy screens.

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

Committee members acknowledged that schemes of this type were now positively encouraged by government.  This changed the context for assessment and it was necessary to consider the degree of potential harm.  Although the design was different from surrounding properties, committee members considered that it was not out of keeping with the character of the area.  It was noted that the development would not be visible from Langley Road.

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.                     No development shall commence within the site until full details and samples of the materials to be used for the external surfaces of the building, including doors, and windows 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.

3.                     No development shall commence within the site until full details of the provision for bicycle storage facilities, refuse and re-cycling storage have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details prior to the first occupation of any part of the development and shall be retained thereafter.

4.                     No work shall commence until details of the siting, height and type of fencing or other means of enclosure around the boundaries of the site and within the site have been submitted to and approved in writing by the Local Planning Authority.  The fencing or other means of enclosure shall be provided as approved prior to the first occupation of the dwelling hereby approved and shall be maintained as such at all times thereafter.

5.                     Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any modification or re-enactment thereof), no development permitted under Schedule 2, Part 1, Classes A, B, C, D, E, F and G of the Order shall be carried out to the dwelling(s) hereby approved without the prior written permission of the Local Planning Authority.

6.                     The proposed first floor high level window serving the En-Suite and facing no. 7 Birchmead shall be fixed shut and fitted with obscured glazing. 

7.                     No development shall commence on site until a hard and soft landscaping scheme for the site (including a detailed method statement covering tree planting, tree, shrub and grass specie, planting size and density and all hard surfacing materials) shall be submitted to and approved in writing by the Local Planning Authority. The approved hard landscaping shall be carried out prior to the first occupation of any part of the development and shall be retained at all times. The soft landscaping 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.

8.                     No development on site shall commence until the details of all below ground services and cabling (electricity, gas, telephone, foul water, surface water, etc), including any temporary connections for site huts showing depth, width and routing of all trenches have been submitted to and approved in writing by the Local Planning Authority prior to any works commencing on site. Any alterations to the approved layout during construction, that falls within 6m of any retained tree shall be notified to and approved by the Local Planning Authority in writing before any excavation is made.      

9.                     No development on site shall commence until the details and method statement in respect of ground protection measures within the root protection zones of the located in the North East corner of the site have been submitted to and approved in writing by the Local Planning Authority. 

10.                   The development shall not be occupied until the layby indicated on the drawing hereby approved (or any subsequent amendment agreed in writing by the Local Planning Authority) has been laid out and made available for use and that area shall not thereafter be used for any other purpose.

11.                   The development shall be carried out in accordance with the following drawings, unless otherwise approved in writing by the Local Planning Authority. The following drawings are hereby approved:

                        200, 2002, 201-B, 202-B, 203-B, 205-A    

Informatives

1.                     The applicant is reminded that this planning permission does not obviate the need to obtain the 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. You are particularly reminded to contact the network rail and obtain the necessary agreement prior to any works of construction to commence on site. 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.

2.                     You are advised that this permission does not dispense with the necessity of obtaining approval or consent under the Building Regulations, Building Acts and other relevant legislation or regulations.  You should contact the Building Control Manager of this Authority if you require information.

3.                     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.