Redevelopment of the site to provide a mixed use scheme comprising of 146 residential units, flexible commercial units and associated cycle parking, car parking, play space etc.

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 introduced the report explaining that the application was for the redevelopment of the site to provide a mixed use scheme comprising 146 residential units (Class C3), flexible commercial units (Classes A1/A2/B1/D1/D2) and associated cycle parking, car parking, play space, landscaping and associated works.

 

The committee was advised that there had been a discrepancy between the minutes and the decision notice issued by the case officer after the meeting on 31 January 2018, namely that the decision notice had not specifically referenced the 11 storey block (Block B).  However, the arguments had been set out fully in the minutes of that meeting.  It was noted that the applicant had appealed the committee’s decision to refuse planning permission on 31 January 2018, but no date had been set for the public inquiry.

 

Attention was drawn to the update sheet, which included information about some additional representations, a correction to the affordable housing mix and some amended conditions.

 

The Chair invited Kevin Ambrose from the Nascot Residents Association to speak in opposition to the application.  Mr Ambrose outlined four main objections to the application.  These were: a failure to meet with the requirements of the council’s taller buildings policy as set out in its document Skyline – Watford’s approach to taller buildings; the unwelcome precedent set for development of the western side of St Albans Road by not focussing clusters of tall buildings around Watford Junction station; the piecemeal nature of the development which omitted to include key sites, not least the Tyre City depot; and the negative impact on the Nascot Conservation Area, particularly with the retention of the tyre outlet in such a prominent location.

 

Responding to a query from the Chair, the Head of Development Management confirmed that the council’s taller buildings approach was to cluster tall buildings in identified areas of the town and to step down building heights towards lower level surrounding streets.  The Watford Junction Special Policy Area included both sides of the St Albans Road.  Although taller buildings would be located on the western side, the height of those buildings would be generally lower than on sites closer to the station.

 

The Chair invited Sam Hine from DP9 to speak in support of the application.   Mr Hine suggested that the principle of developing the site had been accepted and it was anticipated that this would be a positive change for the area. 

 

Following previous consideration and feedback from the Development Management Committee, various changes had been made to the proposed scheme, not least a reduction in the height of Building B from 13 to 9 storeys.  The development retained a sizeable affordable housing contribution of some 22%, including affordable rented which was most sought after by the council’s housing team.

 

In addition to the positive regeneration of the area with a quality, brick built development, the scheme brought with it further public benefits, including improvements to the St Albans Road underpass, local tree planting and the bringing back into use of a listed building.  It had attracted letters of support from local residents and businesses.

 

The Chair invited Nascot Ward Councillor Jane Johnson to speak to the committee.  Councillor J Johnson asked the committee to consider whether sufficient changes had been made to the scheme to overcome local objections.  Although the reduction in height of Building B was to be welcomed, the completed development would dominate the surrounding area, particularly the adjacent cottages on Bedford Street, and set a dangerous precedent of taller buildings overlooking the Nascot Conservation Area.  She questioned the accuracy of some of the images submitted by the applicant as well as the assertion that aspects of the scheme would not be possible without comprehensive planning permission.

 

Before inviting comments from the committee, the Chair reminded members that the precedent for taller buildings on the western side of St Albans Road had already been set with the granting of planning permission, on appeal, to Caledonian House.

 

Some members of the committee considered that the alterations made by the developer since the application had last been discussed were insufficient.  The height of the buildings proposed would not enhance the Nascot Conservation Area and were insufficiently stepped down towards the surrounding area.  The taller buildings should be clustered around Watford Junction station. 

 

Concerns were also raised about the level of affordable housing provision.

 

Other members of the committee welcomed the overall development approach of this difficult site to provide high quality housing, including affordable.  The applicant had responded positively to the criticisms of the committee and the current iteration of the scheme could not reasonably be improved, was policy compliant and conformed to government aspirations about the efficient use of land for housing.

 

Although it was acknowledged that there would be some detrimental impact on the cottages on Bedford Street, this had to be considered in the context of the wider public benefits to the local area and to the town.

 

Committee members noted that the proposed affordable housing provision had been reviewed by the council’s own viability consultant, who had concluded that the 22% total (or 25% by habitable rooms) was the most that could be supported by the scheme.

 

The Chair moved the officer’s recommendation.

 

RESOLVED –

 

that, pursuant to a planning obligation under section 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 the affordable housing units in Building C comprising 6 units for social rent (3 x 2 bed and 3 x 3 bed), 22 units for affordable rent (5 x 1 bed, 11 x 2 bed and 6 x 3 bed) and 4 units for intermediate tenures (1 x 1 bed and 3 x 2 bed).

 

ii)         To secure an agreement with a car-club operator to provide car clubs operating on the site for at least three years from the first occupation of the development.  The agreement is to include free car club membership for 3 years for residents of the development and a £50 drive credit for each resident.

 

iii)        A financial contribution of £2,000 towards the amendment of the local Traffic Regulation Order in the streets to the south of the site, and also in Bedford Street, to exclude the residents of the development from entitlement to residents’ permits to park in those Controlled Parking Zones.

 

iv)        A financial contribution of £45,000 towards 2 public consultations (one to be held during construction of the development and the other to be held after occupation of the development) into a proposal to introduce a new Controlled Parking Zone to the north of the site; and, in the event that the public response is favourable, towards the implementation of such a Controlled Parking Zone.  In the event that the public responses are both negative the developer will be entitled to a 10% rebate.

 

v)         The provision of such fire hydrants as may be required by Hertfordshire Fire and Rescue Service to serve the proposed development.

 

vi)        A financial contribution towards the planting of street trees outside the site on St Albans Road, subject to the agreement of Hertfordshire County Council (the Highway Authority) and subject to the locations not conflicting with immovable subterranean services.  The contribution to be £1,000 per tree, up to a maximum of £4,000 in total.

 

vii)       A financial contribution of £10,000 towards the installation of LED lighting in the neighbouring public pedestrian underpass beneath St Albans Road, to improve public safety and amenity.

 

viii)      A financial contribution of £6,000 to Hertfordshire County Council for monitoring of the Travel Plan for the site. 

 

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 shall be carried out in accordance with the following drawings, unless otherwise approved in writing by the Local Planning Authority:

 

Drawing L/S/001/17157/PGA01 by BBUK

Drawing L/S/002/17157/PGA02 by BBUK

Drawing L/S/003/17157/PH03 by BBUK

Drawing L/S/004/17157/PH04 by BBUK

Drawing L/S/005/17157/PP05 by BBUK

Drawing L/S/006/17157/PP06 by BBUK

Drawing L/S/007/17157/PTR07 by BBUK

Drawing L/DE/401/17157/D01 by BBUK

Landscape Statement L/RPT/17157/LS by BBUK

Drawing 1624-LS-S-XX-DR-A-000-P1 by Lynas Smith

Drawing 1624-LS-S-XX-DR-A-001-P1 by Lynas Smith

Drawing 1624-LS-S-LG-DR-A-1100-P2 by Lynas Smith

Drawing 1624-LS-S-00-DR-A-1100-P2 by Lynas Smith

Drawing 1624-LS-S-05-DR-A-1100-P2 by Lynas Smith

Drawing 1624-LS-S-10-DR-A-1100-P2 by Lynas Smith

Drawing 1624-LS-S-20-DR-A-1100-P1 by Lynas Smith

Drawing 1624-LS-S-30-DR-A-1100-P1 by Lynas Smith

Drawing 1624-LS-S-40-DR-A-1100-P1 by Lynas Smith

Drawing 1624-LS-S-50-DR-A-1100-P1 by Lynas Smith

Drawing 1624-LS-S-60-DR-A-1100-P1 by Lynas Smith

Drawing 1624-LS-S-70-DR-A-1100-P1 by Lynas Smith

Drawing 1624-LS-S-80-DR-A-1100-P1 by Lynas Smith

Drawing 1624-LS-S-90-DR-A-1100-P1 by Lynas Smith

Drawing 1624-LS-S-100-DR-A-1100-P1 by Lynas Smith

Drawing 1624-LS-S-RP-DR-A-1100-P1 by Lynas Smith

Drawing 1624-LS-S-XX-DR-A-1200-P1 by Lynas Smith

Drawing 1624-LS-S-XX-DR-A-1201-P1 by Lynas Smith

Drawing 1624-LS-S-XX-DR-A-1202-P1 by Lynas Smith

Drawing 1624-LS-S-XX-DR-A-1300-P1 by Lynas Smith

Drawing 1624-LS-S-XX-DR-A-1301-P1 by Lynas Smith

Drawing 1624-LS-S-XX-DR-A-1302-P1 by Lynas Smith

Drawing 1624-LS-A-XX-DR-A-1500-P2 by Lynas Smith

Drawing 1624-LS-A-XX-DR-A-1501-P2 by Lynas Smith

Drawing 1624-LS-A-XX-DR-A-1502-P1 by Lynas Smith

Drawing 1624-LS-A-XX-DR-A-1503-P1 by Lynas Smith

Drawing 1624-LS-A-XX-DR-A-1504-P1 by Lynas Smith

Drawing 1624-LS-A-XX-DR-A-1505-P1 by Lynas Smith

Drawing 1624-LS-A-XX-DR-A-1506-P1 by Lynas Smith

Drawing 1624-LS-B-XX-DR-A-1500-P2 by Lynas Smith

Drawing 1624-LS-B-XX-DR-A-1501-P2 by Lynas Smith

Drawing 1624-LS-B-XX-DR-A-1502-P1 by Lynas Smith

Drawing 1624-LS-B-XX-DR-A-1503-P1 by Lynas Smith

Drawing 1624-LS-B-XX-DR-A-1504-P1 by Lynas Smith

Drawing 1624-LS-C-XX-DR-A-1500-P1 by Lynas Smith

Drawing 1624-LS-C-XX-DR-A-1501-P1 by Lynas Smith

Drawing 1624-LS-C-XX-DR-A-1502-P1 by Lynas Smith

Drawing 1624-LS-D-XX-DR-A-1500-P1 by Lynas Smith

Drawing 1624-LS-D-XX-DR-A-1501-P1 by Lynas Smith

Drawing 1624-LS-A-XX-DR-A-1800-P1 by Lynas Smith

Drawing 1624-LS-A-XX-DR-A-1801-P1 by Lynas Smith

Drawing 1624-LS-A-XX-DR-A-1802-P1 by Lynas Smith

Drawing 1624-LS-B-XX-DR-A-1800-P1 by Lynas Smith

Drawing 1624-LS-B-XX-DR-A-1801-P1 by Lynas Smith

Drawing 1624-LS-B-XX-DR-A-1802-P1 by Lynas Smith

Drawing 1624-LS-B-XX-DR-A-1803-P1 by Lynas Smith

Drawing 1624-LS-C-XX-DR-A-1800-P1 by Lynas Smith

Drawing 1624-LS-C-XX-DR-A-1801-P1 by Lynas Smith

Drawing 1624-LS-D-XX-DR-A-1800-P1 by Lynas Smith

Schedule 1624-LS-S-XX-SH-A-501-P2 by Lynas Smith

Schedule 1624-LS-S-XX-SH-A-504-P1 by Lynas Smith

Schedule 1624-LS-S-XX-SH-A-505-P1 by Lynas Smith

Schedule 1624-LS-S-XX-SH-A-506-P1 by Lynas Smith

 

3.         No development shall commence (unless such other date or stage in development as may be agreed in writing with the Local Planning Authority), until the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

 

i)          A preliminary risk assessment which has identified:

•        all previous uses

•        potential contaminants associated with those uses

•        a conceptual model of the site indicating sources, pathways and receptors

•        potentially unacceptable risks arising from contamination at the site.

 

ii)         A site investigation scheme, based on (i) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. This should include an assessment of the potential risks to: human health, property (existing or proposed) including buildings and service lines and pipes, adjoining land, ground waters and surface waters, and ecological systems.

 

iii)        The site investigation results and the detailed risk assessment (ii) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

iv)        A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (iii) are complete and identifying any requirements for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the local Planning Authority. The scheme shall be implemented as approved.

 

            The above must be undertaken in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

 

4.         No construction works shall commence until a verification report demonstrating completion of the works set out in the approved remediation strategy (see Condition 3 above) and the effectiveness of the remediation has been submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

 

5.         In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Condition 3, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Condition 3, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be submitted to and approved in writing by the Local Planning Authority in accordance with Condition 4.

 

6.         The development permitted by this planning permission shall be carried out in accordance with the approved Drainage Strategy and SuDS Statement (Job Number 2170485, Revision P4, dated 27/04/2018) prepared by Elliottwood, and the following mitigation measures detailed within the drainage strategy:

 

i)          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.

ii)         Implementing appropriate drainage strategy based on attenuation and discharge into Thames Water surface water sewer including SuDS features as indicated on drawing No. 2170485-EW-00-L00-DR-C-1002 Rev.P3 – Proposed Below Ground Drainage Strategy – Northern Site, drawing No. 2170485-EW-00-L00-DR-C-1000 Rev.P5 – Proposed Below Ground Drainage Strategy – Main Site Sheet 1 of 2 and No. 2170485-EW-00-L00-DR-C-1001 Rev.P3 – Proposed Below Ground Drainage Strategy – Main Site Sheet 2 of 2.

iii)        Limiting surface water discharge off the site at a maximum allowable rate of 5.0 l/s for the 1 in 100 year plus 40% for climate change event.

 

            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.

 

7.         No development shall take place above the level of the damp-courses until the final design of the drainage scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

 

i)          Detailed engineered drawings of the proposed SuDS features including their, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling.

 

8.         No construction work shall take place above the level of the damp-course until full details of the external materials, together with detailed 1:20 vignette drawings of the full height elevation and sections of part of each of the main elevations, for the new buildings shall have been submitted to and approved in writing by the Local Planning Authority.

 

9.         No construction work shall take place above the level of the damp-course until a noise mitigation scheme for each of the residential dwellings, based upon the recommendations of the Noise Exposure Assessment (Report 12653-NEA-01 RevB dated 20 April 2018) by Clement Acoustics, has been submitted to and approved by the Local Planning Authority. The scheme shall include the details and specifications of the sound reduction performance of all glazed and non-glazed elements of the building facades, acoustic ventilators and mechanical ventilation systems. An updated noise assessment shall be submitted to demonstrate that the proposed measures achieve the required internal noise levels. No dwelling shall be occupied until the approved mitigation measures have been installed in full, unless otherwise agreed in writing by the Local Planning Authority.

 

10.       No occupation of any dwelling or commercial unit forming part of the development shall take place (unless otherwise agreed in writing by the Local Planning Authority as part of a phasing of the development) until the existing vehicular access on St Albans Road has been upgraded, and all other pedestrian accesses in to the development site have been provided, as indicated in principle on the approved drawings.

 

11.       No part of the development shall be occupied until a detailed Travel Plan for the development, based upon the Hertfordshire County Council document 'Hertfordshire Green Travel Plan Guidance’, has been submitted to and approved in writing by the Local Planning. The approved plan shall be implemented as approved at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

12.       No dwelling shall be occupied until a detailed landscaping scheme for all the land within the site (based upon the Landscape Statement by BBUK Landscape Architecture) has been submitted to and approved in writing by the Local Planning Authority. This shall include details of the roof garden on Building B and the children’s play-space with its equipment. The approved landscaping scheme shall be carried out not later than the first available planting and seeding season after completion of development. Thereafter the landscaping and the children’s play space shall be retained. 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 such other details as shall have been approved in writing by the Local Planning Authority.

 

13.       The development shall not be occupied until the proposed car parking spaces (including those which are to serve car club vehicles) and the bicycle storage spaces (sufficient for a minimum of 146 cycles) have been provided as shown on the approved drawings. The 4 surface level parking spaces and 6 of the basement car parking spaces shall be reserved specifically for car club vehicles, and they shall be equipped with active charging posts. Of the approved car parking spaces, at least 2 shall be reserved for the vehicles of residents or staff of the development who are registered disabled. No parking spaces shall be installed other than those that are shown on the approved plans, unless approved in writing by the Local Planning Authority.

 

14.       The development shall not be occupied until the refuse stores to serve the development have been provided as shown on the approved drawings. 

 

15.       The development shall not be occupied until a dedicated office has been provided on the ground floor of Block B, as shown on the approved plans, or in such other location as has been agreed in writing by the Local Planning Authority, for a concierge service.  No dwelling shall be occupied until the concierge service has been provided. The concierge service shall be retained thereafter, unless otherwise agreed in writing by the Local Planning Authority. 

 

16.       No dwelling shall be occupied until details of a communal terrestrial television aerial(s) and satellite dish(es) for each building have been submitted to and approved in writing by the Local Planning Authority.

           

17.       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.

 

18.       The ground floor commercial unit shall only be used for purposes within Classes A1, A2, B1(a), D1 and D2 of  the Town and Country Planning (Use Classes) Order 1987 (as amended) and for no other purposes, unless otherwise approved in writing by the Local Planning Authority.

 

19.       All plant and equipment shall only be sited within the designated plant rooms shown on the approved drawings. No plant or equipment shall be installed externally within the site or on the external facades of the buildings unless details have been submitted to and approved in writing by the Local Planning Authority. Details to be submitted for approval shall include siting, size, appearance and technical specifications relating to noise.

 

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 2015.

 

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

 

3.         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

 

4.         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

 

5.         This planning permission is accompanied by a planning obligation in the form of a Section 106 agreement, which is binding upon the owners and their successors in title. 

 

6.         The applicants are reminded that works affecting the public highway, including any alterations to the existing vehicular access to the site, will require a separate agreement with Hertfordshire County Council (the Highway Authority) under Section 278 of the Highways Act 1980. 

 

7.         The proposed development is located within 15m of Thames Waters underground assets, as such the development could cause the assets to fail if appropriate measures are not taken. Please read our guide ‘working near our assets’ to ensure your workings are in line with the necessary processes you need to follow if you’re considering working above or near our pipes or other structures https://developers.thameswater.co.uk/Developing-a-largesite/Planning-your-development/Working-near-or-diverting-our-pipes. Should you require further information please contact Thames Water. Email: developer.services@thameswater.co.uk Phone: 0800 009 3921 (Monday to Friday, 8am to 5pm) Write to: Thames Water Developer Services, Clearwater Court,             Vastern Road, Reading, Berkshire RG1 8DB

 

8.         The developer is advised to meet the standards of the Secured By Design scheme, which can reduce levels of burglary and other crime in new developments.  Further information is available from Hertfordshire Constabulary’s Crime Prevention Design Service.