Construction of new 7 bedroom house on land formerly part of 4A Bay Tree Walk (formerly known as 10 Nascot Wood Road); alterations to previously approved dwelling ref: 16/00680/FUL (Amended plans submitted)

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 introduced the report explaining that the applicationsought the construction of a new 7 bedroom house on land formerly part of 4A Bay Tree Walk (formerly known as 10 Nascot Wood Road) and alterations to the previously approved dwelling (16/00680/FUL – amended plans submitted).

 

The Chair invited Andy Marsden, a local resident, to speak to the committee in opposition to the application.  Mr Marsden expressed the concern of local residents about the scale, design, dominance and overbearing impact of the proposed dwelling, which would result in overshadowing and a loss of light and privacy to neighbouring properties contrary to the council’s Residential Design Guide.  They considered it would be out of keeping with the character and appearance of the area.

 

Residents disputed the officer’s report, particularly the extent of changes to the size and scale of the proposed dwelling, the dominance of the property on the streetscene and the legitimacy of its siting close to the front boundary with Nascot Wood Road.  They also raised concerns about the adequacy of parking provision and the potential for spill over parking in Bay Tree Walk.

 

Local residents expressed a willingness to meet with the developer to find a more workable solution for the site.

 

In response to a query from the Chair, the Principal Planning Officer advised that whilst a first floor feature window would breach the 27.5 metre privacy arc described in the council’s Residential Design Guide, the requirement to use obscure glazing would mitigate any overlooking concerns and therefore no harm to the neighbour would be caused.  He further clarified that some internal amendments to the plans had altered the number of bedrooms approved under the 2016 planning application, but these had not altered the total amount of residential accommodation.  Lastly, the Principal Planning Officer confirmed that the maximum parking standard for this site was three spaces.

 

The Chair invited Alex Gilli-Ross, the agent, to speak in support of the application.  Mr Gilli-Ross reminded the committee that the application was for alterations to the appearance and layout of the previously approved scheme.  The applicant was seeking to build a bespoke family home on a site where the principle of a large dwelling had been accepted.

 

Mr Gilli-Ross maintained that the alterations proposed would result in a policy compliant dwelling which would be in keeping with the character and appearance of the surrounding area.  The proposals included landscaping and planting to provide screening for the property and could result in the placing of some tree preservation orders.

 

The Chair invited Nascot Ward Councillor Jane Johnson to speak to the committee.  Councillor Johnson expressed concern that the significant changes proposed to the property were being diminished.  They would result in a substantial sized property on a relatively small plot, unacceptably close to surrounding dwellings.  The property would dominate the streetscene, be overbearing to neighbouring properties and be out of character with the neighbourhood.

 

Councillor Johnson questioned the adequacy of parking provision and the safety implications of a large number of car movements for children walking to and from the nearby school.

 

In a clarification by the Principal Planning Officer, it was confirmed that the increase in floor space in the current application was mainly due to alterations to the loft space to accommodate two further bedrooms.  In addition, he confirmed that officers did not consider the proposals would adversely impact on the street line; the property remained suitably set back from Nascot Wood Road.

 

Thanking the speakers the Chair invited comments from the committee.

 

Some members of the committee considered that the proposed amendments to the property were excessive and that the resultant property would be out of keeping with the surrounding area.  In addition, due to site constraints, the dwelling would be too close to neighbouring properties raising concerns about privacy and overlooking.

 

Other committee members expressed the view that the scheme should be judged against the council’s policies and it was necessary to demonstrate that harm would be caused by its development.  The proposal was for a large family house on a good sized plot with adequate parking provision.   Although previous applications had been refused for a variety of reasons, the current proposal had been demonstrated to be policy compliant.  There were no grounds for refusal.

 

A question was raised as to whether the building could be used for multiple accommodation (HMO) or flats in the future and the Head of Development Management stated that a planning application would be required in both instances.

 

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.         The development hereby permitted shall be carried out in accordance with the following approved drawings:-

           

            Location plan; 3189 PL1 G; and 3189 PL2 I.

           

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 building, including walls, roofs, doors, windows and fascias, 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 work shall commence until full details of a soft and hard landscaping scheme have been submitted to and approved in writing by the Local Planning Authority.  The soft landscaping scheme shall include details (including a plan and method statement) of all existing trees to be retained or removed, details of proposed planting including tree, shrub and grass specie, planting size and density. The approved soft 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. The hard landscaping scheme shall include details of the construction of the vehicular access and driveway, pathways and amenity areas; details of all site boundary treatments, and all fencing or enclosures within the site. The approved hard landscaping shall be carried out prior to the first occupation of the development and shall be retained at all times unless otherwise agreed in writing by the Local Planning Authority.

 

5.         No work shall commence until details of the disposal of surface water from the parking area have been submitted to and approved in writing by the Local Planning Authority. The dwelling hereby approved shall not be occupied until the works for the disposal of surface water have been constructed in accordance with the approved details.

 

6.         A 2m x 2m pedestrian visibility sight splay, free from obstruction between a height of 600mm and 2.0m and relative to the back of the footway shall be provided on both sides of the vehicular access prior to the operational use and thereafter.

 

7.         No work shall commence until details of tree protection measures, including details of the height, type and location of tree protection fencing to all retained trees on site and details of the no-dig area of construction within the root protection zone of the protected trees within Group G1 of TPO No. 262 T1 have been submitted to and approved in writing by the Local Planning Authority. The approved tree protection measures shall be implemented for the duration of the construction work, unless otherwise agreed in writing by the Local Planning Authority.

 

8.         No work shall commence until details of the routing of all below ground services and cabling (electricity, gas, television, telephone, water etc.) have been submitted to and approved in writing by the Local Planning Authority. The routing of the below ground services and cabling shall then be laid out in accordance with the details approved by this Condition.

 

9.         No part of the development shall be occupied until details of the siting, size and design of refuse, recycling and weatherproof cycle 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.

 

10.       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, C, D, E and F of the Order shall be carried out to the dwellinghouse without the prior written permission of the Local Planning Authority.

 

11.       No work shall commence until details of the existing and proposed ground levels and the finished ground floor level of the dwelling hereby approved have been submitted to and approved in writing by the Local Planning Authority. The development shall only be constructed in accordance with the approved details.

 

12.       The ground floor and first floor windows in the north-eastern facing rear elevation (facing No.4A Bay Tree Walk) of the dwelling hereby approved shall be permanently fixed closed below 1.7m internal floor level and shall be fitted with obscured glass at all times, and shall be permanently maintained as such, unless otherwise agreed in writing by the Local Planning Authority.

 

13.       The first floor window in the north-western facing side elevation serving ‘Bedroom-01’ as shown on the approved plans (facing Nos. 2 and 4 Bay Tree Walk) of the dwelling hereby approved shall have the part of the window that is less than 1.7m above the internal floor level fitted with obscured glass at all times, and shall be permanently maintained as such, unless otherwise agreed in writing by the Local Planning Authority.

 

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.         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

 

6.         New or amended crossover:  Construction standards for new/amended vehicle access: Where works are required within the public highway to facilitate the new or amended vehicular access, the Highway Authority require the construction of such works to be undertaken to their satisfaction and specification, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission, requirements and for the work to be carried out on the applicant’s behalf. Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/dropped-kerbs/dropped-kerbs.aspx or by telephoning 0300 1234047.

 

7.         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.aspx or by telephoning 0300 1234047.

 

8.         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.

 

9.         Mud on highway: 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 1234047