Decision details

Decision details

19/00507/FULM - 94-98 St Albans Road and 114 St Albans Road

Decision Maker: Development Management Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Hybrid planning application: comprising detailed planning application for the demolition of existing buildings and erection of 1,214 residential units (Use Class C3) and 2,050sqm GEA of flexible commercial floorspace (Class A1, A2, A3, A4, A5, B1, D1, D2), a new energy centre (sui generis) and associated car and cycle parking, landscaping including a new square and highway works including alterations to the existing access road. Outline planning application (all matters reserved except access) for the erection of a 2 form entry primary school and nursery (Use Class D1) of up to 2,910sqm GEA of floorspace, associated car parking and landscaping.

Decisions:

The committee received the report of the Interim Head of Development Management, including the relevant planning history of the site.

 

The Development Management Team Leader introduced the report advising that this was a hybrid planning application.  It comprised a detailed application for the demolition of the existing buildings and erection of 1,214 residential units and commercial floor space, a new energy centre and associated car and cycle parking, landscaping and highway works.  In addition, an outline planning application sought the erection of a two form entry primary school and nursery with associated car parking and landscaping.

 

The Chair invited Moustafa Alam, a local resident, to speak to the committee.  Mr Alam stated that the development was unlawful.  He had circulated a report to the committee which provided detailed reasons.  He noted that there had been 162 objections to the application and it should not go ahead.  The tallest buildings were twice the height of the tower blocks in Meriden.  It was not necessary to build 20% of the council’s housing requirements so quickly without the relevant infrastructure in place.  He commented that the original Watford Junction development brief had included more parking.  There was no reference to parking for commercial vehicles.  There was reference to the consultation for a Controlled Parking Zone (CPZ) in Callowland, but this had not yet been completed.  Mr Alam mentioned the state of traffic in the area.  He stated that the application would add extra growth during peak travel times.  There would be a strain on public services, including GP surgeries and local schools.  The trains at Watford junction were already packed at peak times.  He put forward various changes that should be made to the application before it was considered or approved.

 

Following comments about the CPZ consultation and commercial vehicles the Chair asked the Development Management Team Leader to clarify the position.  The Development Management Team Leader confirmed that there was a consultation in Callowland about a new CPZ.  If the CPZ went ahead and this application was approved, residents on this site would not be able to apply as it was outside the CPZ area.  With regard to commercial vehicles, they would be able to enter the undercroft area on the site.  There would be a dedicated bin collection area; delivery area; 24-hour concierge and parcels would be collected for residents and held for them to collect.  Work had been carried out with Veolia, the council’s waste contractor, and transport consultants to ensure the facilities met the required needs.

 

The Chair invited Daniel Massie, representing Berkeley Homes, to speak to the committee.  Mr Massie commented that the company believed in partnership working.  Representatives had met various groups including residents.  87% of the proposed housing would be for families.  The company would be fully funding the new primary school.  They had engaged with local business groups.  The proposal was in a highly sustainable location.  It was recognised that traffic congestion was a major issue and therefore low levels of parking had been included.  The company shared the council’s ambition to be carbon neutral by 2030.  They would work with local suppliers and colleges on an apprenticeship scheme.  The company would ensure the buildings were safe and all would comprise sprinklers and built from non-combustible materials.  A beautiful public space would be created.

 

The Chair invited Callowland Ward Councillor Ian Stotesbury to speak to the committee.  Councillor Stotesbury said that this was an important development for the town.  It would be the first sight as people arrived at Watford Junction and was on a major thoroughfare which was already gridlocked.  He noted that the developer had held consultation meetings.  It was good that a GP site had been included.  He felt the school should have been built during the first phase.  He would expect a high standard of asset management and if that were not the case they would be held to account.  The affordable housing level was too low.  He believed the impact of traffic would be harmful.  He noted the CPZ was still under consultation.  If it was not implemented there would be a real issue for local residents.  He suggested the committee should defer the application and for the affordable homes to be reviewed.  The Government and County Council should fund the new school in order for the company to provide more affordable housing.

 

The Chair invited County Councillor Asif Khan to speak to the Committee.  Councillor Khan stated that Watford was a market town in the county of Hertfordshire.  It was not a mini state, city or London borough.  Any new building should be in line with it being in a market town.  He stressed he was not against development on this site.  There would also be a loss of commercial land.  He referred to the school and the need for the pupils to get a bus to go to the local park.  This proposal was a colossal development and was out of character with the properties in Nascot, Callowland and Central wards.  There was nothing like the proposal in Watford or Hertfordshire.  It did not harmonise with the rest of the street scene; many of the houses in the area were terraced properties.  He felt the committee could use planning policy to reject the application and for the developer to be asked for a scheme with suitable affordable housing.

 

The Chair commented that it was not bad to have a different development compared to others in Hertfordshire.  The applicant had put a lot of detail into the proposal and had thought it through.  It would be different by quality, environmentally and architecturally.  It was a different way of living and appealed to particular people.  It was located in a sustainable location.  He reminded councillors that the council’s housing target had tripled since the original Watford Junction development brief had been developed. 

 

The committee discussed the application.  Some members were concerned about the scale and height of the proposed buildings and the impact on a busy road.  It was felt that the character of Watford would change.  It was also noted the reduced amount of affordable housing included in the scheme.  Councillors were reminded that most political parties had included the intensive use of brownfield sites in their recent manifestos.  It was particularly relevant when sites were near transport, railway stations.  Wembley was a prime example of this type of scheme.  This scheme had received a lot of attention; it ensured there was public space and the building design was of a high quality. They were also reminded that many councils had declared a climate emergency.

 

Councillor Bell moved that the application should be refused due to an overdevelopment of the site and the high density and scale of the scheme.

 

On being put to the committee the motion to refuse was LOST.

 

The Chair moved the officer’s recommendation.

 

RESOLVED –

 

That planning permission be granted subject to the completion of a legal agreement under section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following planning obligations and subject to the conditions listed below: 

 

Section 106 Heads of Terms

 

i)          The provision of 107 units of affordable housing within buildings N1 and N3, comprising a mix of 1, 2 and 3 bedroom flats for social rent, affordable rent and shared ownership.

 

ii)         Either a financial payment of up to £281,925 (index-linked) towards the provision of GP surgery accommodation within the borough of Watford or the provision of appropriate GP surgery accommodation within building S6 on the site.

 

iii)        The construction of a fully equipped 2 form entry primary school with nursery on the site.

 

iv)        A financial payment of £117,000 (index-linked) towards subsidising a minibus for the use of the primary school to transport pupils to and from Callowland Recreation Ground.

 

v)         A financial payment of £45,000 (index-linked) for the refurbishment of the changing rooms at Callowland Recreation Ground.

 

vi)        A financial payment of £5,000 (index-linked) for improvements to the playing fields at Callowland Recreation Ground.

 

vii)       A community use agreement for the use of the school main hall and large multi-use games area (MUGA) by residents of the development and the wider public.

 

viii)      A financial payment of £721,257 (index-linked) towards the provision of secondary school education serving the borough of Watford.

 

ix)        A financial payment of £12,000 towards the monitoring of Travel Plans for the primary school and the residential development.

 

x)         A financial payment of £50,000 (index-linked) towards environmental improvements along Bridle Path between the site and Watford Junction Station.

 

xi)        The setting up of an electric car club on the site with 5 electric charging car club spaces and a one year annual membership of the car club for each household upon first occupation (total cost of £119,200).

 

xii)       The provision of a £90 credit (index-linked) for the use of the Council procured demand responsive transport service (operated by Arriva Click or an alternative operator) for each household upon first occupation (total cost of £109,260).

 

xiii)      The upgrading of Penn Road to adoptable highway standards from St Albans Road to the eastern site boundary and the adoption of Penn Road from St Albans Road to the eastern site boundary by the Highway Authority at a time when Penn Road is required to serve the adjoining Network Rail land to the east.

 

xiv)      The provision of a minimum of 15 cycle spaces on Penn Road for the Council procured bike share scheme (operated by Beryl Bikes or an alternative operator).

 

xv)       Provision of fire hydrants to serve the development.

 

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 (with the exception of the primary school) hereby permitted shall be carried out in accordance with the following approved drawings:

 

X0001, X0101

X0551, X0552, X0553

P0131, P0132A, P0133A

P0101, P0102A, P0103A, P0104A, P0105A, P0106A, P0107A, P0108A, P0110A

P0551, P0552, P0553A, P0554A, P0555, P0556, P0557, P0558

P0201, P0202, P0203, P0204, P0205, P0206, P0207

P0211A, P0212, P0213, P0214, P0215, P0216, P0217, P0218, P0219

P0221, P0222, P0223, P0224, P0225, P0226, P0227

P0231, P0232, P0233, P0234, P0235, P0236, P0237

P0241, P0242, P0243, P0244, P0245, P0246, P0247

P0251, P0252, P0253, P0254, P0255, P0256

P0261, P0262, P0263, P0264, P0265

P0271, P0272, P0273, P0274

P0281, P0282A, P0283A, P0284A

P0291, P0292A, P0293A, P0294A

P0601, P0602, P0611A, P0612A, P0621, P0622, P0631, P0632, P0641, P0642, P0651, P0652, P0661, P0662, P0671, P0672, P0681A, P0682A, P0691A, P0692A

P0501, P0502, P0511

P1001, P1002, P1003, P1004, P1005, P1006, P1007, P1008, P1009, P1010, P1011, P1012, P1013, P1014, P1015, P1016, P1017, P1018, P1019

P1031, P1032A, P1033A, P1034, P1035

 

3.         Approval of the details of the siting, design and external appearance of the primary school and the landscaping of the primary school site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced on the primary school. The details of the reserved matters shall accord with the following parameter plans submitted with the application:

           

            Drawing nos. P0132A, P0133A

 

4.         Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of four years from the date of this permission.

 

5.         The development of the primary school hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of three years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

6.         No removal of trees, scrub or hedges shall be carried out on the site between 1st March and 31st August in any year unless a suitably qualified ecologist has previously searched the trees, scrub or hedges and certified in writing to the Local Planning Authority that such works of removal may proceed.

 

7.         No demolition works (including ground excavations) shall commence until a method statement detailing the measures to prevent and control the spread of Cotoneaster species during any operations has been submitted to and approved by the Local Planning Authority. The development shall be carried out only in accordance with the approved measures.

 

8.         No demolition works (including ground excavations) shall commence until a detailed demolition environmental management plan has been submitted to and approved in writing by the local planning authority. The plan shall be based upon the Demolition and Construction Environmental Method Statement submitted with the application and include the measures and best practice guidelines contained in Chapters 6, 8 and 9 of the Environmental Statement. The demolition works and ground excavations shall only be carried out in accordance with the approved plan.

 

9.         No demolition works (including ground excavations) shall commence until a detailed site waste management plan has been submitted to and approved in writing by the local planning authority. The plan shall be based upon and include the measures contained in the Outline Site Waste Management Plan by Waterman IE Limited (Ref. WIE14052-101-R-5-2-3-SWMP) submitted with the application. The demolition works and ground excavations shall only be carried out in accordance with the approved plan.

 

10.       No construction works (excluding all works associated with demolition) shall commence until detailed finished site land levels and site cross-sections have been submitted to and approved in writing by the Local Planning Authority. The development shall only be constructed in accordance with the approved levels.

 

11.       No construction works (excluding all works associated with demolition) shall commence until a development phasing plan has been submitted to and approved by the Local Planning Authority. The plan shall include for each phase a site plan delineating the area of the development phase, the number of dwellings to be constructed, the number and location of car parking spaces, access for servicing and delivery vehicles and pedestrian routes to access the building. The development shall be implemented in accordance with the approved phasing plan, unless otherwise agreed in writing by the Local Planning Authority.

 

12.       No construction works shall commence in any development phase until a detailed construction environmental management plan has been submitted to and approved in writing by the local planning authority. The plan shall be based upon the Demolition and Construction Environmental Method Statement submitted with the application and include the measures and best practice guidelines contained in Chapters 6, 8 and 9 of the Environmental Statement. The construction works shall only be carried out in accordance with the approved plan.

 

13.       No construction works shall commence in any development phase until a detailed site waste management plan has been submitted to and approved in writing by the local planning authority. The plan shall be based upon and include the measures contained in the submitted Outline Site Waste Management Plan by Waterman IE Limited (Ref. WIE14052-101-R-5-2-3-SWMP). The construction works shall only be carried out in accordance with the approved plan.

 

14.       Following demolition of the existing buildings and prior to the commencement of any construction works in each phase of the development, 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 supplementary site investigation, undertaken in those areas that were previously inaccessible based on the Preliminary Environmental Risk Assessment prepared by Waterman IE Limited (Report ref. WIE14052-101-R-4-2-1-PERA) and the Geo-environmental and Geotechnical Ground Investigation Report prepared by Fairhurst (Report ref. 125840), 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, crops, pests, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments.

 

ii)         The site investigation results and the detailed risk assessment (i) 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.

 

iii)        A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (ii) 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.

 

15.       Following completion of measures identified in the approved remediation scheme and prior to the first use or occupation of each phase 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.

 

16.       If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy and verification plan to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved. No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be 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.

 

17.       The proposed residential development permitted by this planning permission shall be carried out in accordance with the approved drainage strategy as indicated on the Drainage Strategy layout produced by Fairhurst, drawing number 125840-C-4002, revision P7, dated 1 October 2019 and the following mitigation measures detailed within the Flood Risk Assessment (May 2019) unless otherwise agreed in writing by the Local Planning Authority:

 

1.         Limiting the surface water runoff generated by the critical storm events so that it will not exceed the surface water runoff rate of 8 l/s for Phase 1A; 2 l/s for Phase 1B and 5 l/s for Phase 2 during the 1 in 100 year event including plus 40% of climate change allowance.

2.         Providing storage to ensure no increase in surface water runoff volumes for all rainfall events up to and including the 1 in 100 year plus climate change event providing a minimum of 39.1 m3 of storage in blue roof structures and 160 m3 of storage in the proposed underground attenuation tank (or such storage volume agreed with the LLFA) for Phase 1A; a minimum of 145.5 m3 of storage in blue roof structures, 420 m3 of storage in the proposed underground concrete attenuation tank and 420 m3 of storage in the proposed landscaped podium over car parking with sub-base attenuation (or such storage volume agreed with the LLFA) for Phase 1B; a minimum of 89.3 m3 of storage in blue roof structures and 296 m3 of storage in the proposed underground attenuation tank (or such storage volume agreed with the LLFA) for the proposed residential development included in Phase 2.

3.         Discharge of surface water from the private drainage network into the public surface water sewer served by Thames Water.

 

            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.

 

18.       The proposed school development permitted by this planning permission shall be carried out in accordance with the approved principles of the drainage strategy indicated on the Drainage Strategy layout produced by Fairhurst, drawing number 125840-C-4002, revision P7, dated 1 October 2019 and the following mitigation measures detailed within the Flood Risk Assessment (May 2019) unless otherwise agreed in writing by the Local Planning Authority:

 

1.         Limiting the surface water runoff from the school site generated by the critical storm events so that it will not exceed the surface water runoff rate of 2.6 l/s during the 1 in 100 year event including plus 40% of climate change allowance.

2.         Providing storage to ensure no increase in surface water runoff volumes for all rainfall events up to and including the 1 in 100 year plus climate change event providing a minimum of 154 m3 of storage in the proposed blue roof structure (or such storage volume agreed with the LLFA) for the proposed school development included in Phase 2.

3.         Discharge of surface water from the private drainage network into the wider strategic drainage network on the site and then into the existing public surface water sewer served by Thames Water.

 

            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.

 

19.       No development for Phase 1A 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 scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

            The scheme shall include the following:

 

1.         Detailed modelling to demonstrate how the system operates during up to and including the 1 in 100 year critical duration storm event including an allowance for climate change. This should include drain down times for all storage features.

2.         Final, detailed drainage plan including the location of all SuDS features, pipe runs, invert levels and discharge points.

3.         Full, detailed engineering drawings of all SuDS features including cross and long sections, their size, volume, depth and any inlet and outlet features.

 

20.       No development for Phase 1B 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 scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

            The scheme shall include the following:

 

1.         Detailed modelling to demonstrate how the system operates during up to and including the 1 in 100 year critical duration storm event including an allowance for climate change. This should include drain down times for all storage features.

2.         Final, detailed drainage plan including the location of all SuDS features, pipe runs, invert levels and discharge points.

3.         Full, detailed engineering drawings of all SuDS features including cross and long sections, their size, volume, depth and any inlet and outlet features.

 

21.       No development for Phase 2 for the residential 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 scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

            The scheme shall include the following:

 

1.         Detailed modelling to demonstrate how the system operates during up to and including the 1 in 100 year critical duration storm event including an allowance for climate change. This should include drain down times for all storage features.

2.         Final, detailed drainage plan including the location of all SuDS features, pipe runs, invert levels and discharge points.

3.         Full, detailed engineering drawings of all SuDS features including cross and long sections, their size, volume, depth and any inlet and outlet features.

 

22.       No development for Phase 2 for the school development shall take place until a detailed surface water drainage scheme for the site based on the principles of the approved drainage strategy and sustainable drainage principles, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

            The scheme shall include the following:

 

1.         Detailed modelling to demonstrate how the system operates during up to and including the 1 in 100 year critical duration storm event including an allowance for climate change. This should include drain down times for all storage features.

2.         Final, detailed drainage plan including the location of all SuDS features, pipe runs, invert levels 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 including climate change allowance.

4.         Full, detailed engineering drawings of all SuDS features including cross and long sections, their size, volume, depth and any inlet and outlet features.

 

23.       Upon completion of the drainage works for each phase in accordance with the phasing arrangements, a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority.

 

            This shall include:

 

1.         Provision of complete set of as built drawings including the final drainage layout for site drainage network.

2.         Maintenance and operational activities for the lifetime of the development.

3.         Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

24.       No infiltration of surface water drainage into the ground at this site is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

 

25.       No piling (or other foundation designs using penetrative methods) 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 groundwater pollution, and the programme for works) has been submitted to and approved in writing by the Local Planning Authority. All piling must be undertaken in accordance with the terms of the approved piling method statement.

 

26.       Prior to the commencement of any superstructure works within each development phase, details and samples of the materials to be used for all the external finishes of the buildings, including walls, roofs, doors, windows and balconies, for the development phase shall be submitted to and approved in writing by the Local Planning Authority. The materials shall be based upon the materials palette in the Design and Access Statement by Lifschutz Davidson Sandilands. The development within each phase shall be carried out only in accordance with the approved materials.

 

27.       Prior to the commencement of any superstructure works within each development phase, a detailed noise mitigation scheme for the building to achieve satisfactory internal noise levels to each dwelling, in accordance with BS 8233:2014 ‘Guidance on Sound Insulation and Noise Reduction for buildings’, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the building fabric, glazing specifications, party walls and floors and mechanical ventilation systems. The noise mitigation scheme shall address potential noise nuisance arising from road traffic, rail traffic, electrical substations, thermal substations, and all plant and equipment associated with commercial units within the building. The noise from electrical substations shall not exceed the criteria set out in Table 5 of ‘A Procedure for the Assessment of Low Frequency complaints’ (University of Salford, Manchester, 2009). No dwelling within the development phase shall be occupied until all the approved mitigation measures have been completed.

 

28.       No plant and equipment associated with the commercial units shall be installed on any building until a noise impact assessment, including proposed mitigation measures for noise, to achieve satisfactory internal noise levels to the nearest residential dwellings, has been submitted to and approved in writing by the Local Planning Authority. The plant and equipment

 

29.       Prior to the commencement of any superstructure works in each development phase that includes a commercial unit(s), full details of the proposed shop front(s) for the commercial unit(s) within that phase shall be submitted to and approved in writing by the Local Planning Authority.  The details shall include the following:

 

a)         Detailed drawings at scale 1:20 including sections of the proposed shop front(s);

b)         Detailed drawings at scale 1:20 of the proposed area for signage;

c)         Details of the proposed materials for the shop front(s);

d)         Details of any proposed security measures; and,

 

            The shop front(s) shall be installed in accordance with the approved details prior to the first occupation of the commercial unit(s) and shall be maintained as such thereafter.

 

30.       Prior to the commencement of any superstructure works for each development phase, a landscaping scheme for the treatment of all open spaces, including but not limited to public open space, communal amenity space, children’s play space and private amenity space, shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall be based upon the Landscape Strategy by Gillespies include the following details:

 

a)         Details of the landscape management scheme;

b)         Details of children’s play space , including but not limited to types of play areas, play equipment, how the space is differentiated from communal/public open space and how this fits in with the children’s play space strategy for the whole site;

c)         Enclosures: including but not limited to types, dimensions and treatments of walls, fences, screens, barriers, rails, retaining walls and hedges;

d)         Hard landscaping: including but not limited to ground surfaces, kerbs, edges, paving, furniture, bins, lighting, steps and if applicable synthetic surfaces;

e)         Soft landscaping: number and type of species to be planted;

f)          Trees: number and type of species to be planted;

g)         Biodiversity measures, including but not limited to green roofs, brown roofs, bird boxes, bat boxes, invertebrate boxes and bee hives;

h)         Lighting details, including siting, type, height, specification, hours of operation and lux values;

i)          Details of the wayfinding signage and details of the maintenance of any such signs proposed and approved;

j)          Details of how the landscaping features will provide suitable wind mitigation as set out in the Environmental Statement;

k)         Management plan detailing management responsibilities and maintenance schedules for the ongoing maintenance and access for communal amenity areas and public open space; and,

l)          Any other landscaping feature(s) forming part of the scheme.

 

            All landscaping in accordance with the approved scheme shall be completed/planted during the first planting season following practical completion of the development phase. Any trees or shrubs which die within five years of completion of the development phase shall be replaced with the same species, unless otherwise approved in writing, to the satisfaction of the Local Planning Authority.

 

            The development phase shall be carried out strictly in accordance with the approved details and shall be maintained as such thereafter.

 

31.       No dwelling or commercial unit forming part of the development shall be occupied (unless otherwise agreed in writing by the Local Planning Authority as part of a phasing of the development) until the existing junction between Penn Road and St Albans Road has been upgraded and the footpath improvements along Penn Road, as shown in principle on drawing no. 17279-00-201 in the Transport Assessment by Markides Associates, have been completed in full.

 

32.       No dwelling or commercial unit within the development shall be occupied until written approval has been provided by the Local Planning Authority that either 1) all wastewater network upgrades required to accommodate the additional flows from the development have been completed; or 2) a housing and infrastructure phasing plan has been approved in writing which specifies the infrastructure works to be undertaken and the number of properties that can be occupied in each development phase. Where a housing and infrastructure phasing plan has been approved, no occupation shall take place other than in accordance with the agreed housing and infrastructure phasing plan.

 

33.       No dwelling or commercial unit within the development shall be occupied until written approval has been provided by the local planning authority that either 1) all surface water network upgrades required to accommodate the additional flows from the development have been completed; or 2) a housing and infrastructure phasing plan has been approved in writing which specifies the infrastructure works to be undertaken and the number of properties that can be occupied in each development phase. Where a housing and infrastructure phasing plan has been approved no occupation shall take place other than in accordance with the agreed housing and infrastructure phasing plan.

 

34.       No dwelling shall be occupied within any development phase until details of the provision of communal facilities for terrestrial and satellite television reception (eg. aerials, dishes and other such equipment) for the building in the development phase has been submitted to and approved in writing by the Local Planning Authority. Such details shall include the specific size and location of all equipment. The approved details shall be implemented prior to the first occupation of the relevant building and shall be retained thereafter. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) no other television reception equipment shall be introduced onto the walls or the roof of the building without the prior written approval of the Local Planning Authority.

 

35.       No dwelling or commercial unit within each development phase shall be occupied until the refuse and recycling storage facilities for that phase have been provided in accordance with the approved plans. The storage facilities shall be retained at all times thereafter.

 

36.       No dwelling shall be occupied within any development phase until a residential delivery and servicing management plan has been submitted to and approved in writing by the Local Planning Authority. This plan shall include all deliveries to and waste and recycling collections from the residential dwellings.

 

            The development shall be operated strictly in accordance with the approved plan, shall be maintained as such thereafter and no change thereof shall take place without the prior written consent of the Local Planning Authority.

 

37.       No commercial unit within any development phase shall be occupied until details of a delivery and servicing management plan has been submitted to and approved in writing by the Local Planning Authority. This plan shall include all deliveries to and waste and recycling collections from the commercial unit. No deliveries to or collections from any commercial unit shall take place before 7.00am or after 11.00pm on any day.

 

            The development shall be operated strictly in accordance with the details approved, shall be maintained as such thereafter and no change thereof shall take place without the prior written consent of the Local Planning Authority

 

38.       The commercial units shown within buildings S2, S3, S6, N1, N2, N3 and N4 shall only be used for purposes within Use Classes A1, A2, A3, A4, A5, B1, D1 or D2 of the Town and Country Planning (Use Classes) Order 1987 (as amended). Prior to the first occupation of any commercial unit full details of the proposed use, together with hours of operation, shall be submitted to and approved in writing by the Local Planning Authority.

 

            The development shall be operated strictly in accordance with the details approved, shall be maintained as such thereafter and no change thereof shall take place without the prior written consent of the Local Planning Authority.

 

39.       No commercial unit within buildings S2, S3, S6, N1, N2, N3 and N4 shall be used for purposes within Use Classes A3, A4 or A5 of the Town and Country Planning (Use Classes) Order 1987 (as amended) until details of the means of ventilation for the extraction and dispersal of fumes, including details the extraction, ventilation and filtration equipment and any other external plant or machinery (including ventilation units and air intake louvres) together with details of its method of construction, appearance, finish and acoustic performance has been submitted to and approved in writing by the Local Planning Authority. The use shall not commence until the approved plant and equipment has been installed in full. The approved plant and equipment shall be retained at all times. No further external equipment or plant may be installed without the prior written approval of the Local Planning Authority.

 

40.       Prior to the first occupation of any building within each development phase a car parking and cycle parking strategy for that phase shall be submitted to and approved in writing by the Local Planning Authority including:

 

a)         The location and allocation of car parking for commercial and residential users.

b)         The location of the accessible car parking spaces.

c)         The number and location of the electric vehicle charging spaces, which should be a minimum of 10% of the total number of car parking spaces provided.

d)         The location of and number of cycle parking spaces including details of the stands to be used.

e)         Security and accessibility measures.

 

            No dwelling shall be occupied until the approved car parking and cycle parking strategy for that phase has been implemented in full. The approved car and cycle parking spaces shall be retained as approved at all times.

 

41.       No commercial unit within buildings S2, S3, S6, N1, N2, N3 and N4 hereby permitted shall be occupied until a certificate of compliance from an accredited assessor, confirming that the unit has achieved a BREEAM rating of Very Good, has been submitted to and approved in writing by the Local Planning Authority.

 

42.       No external multi-use games area (MUGA) within the primary school site shall be used for sporting activities by staff, pupils or members of the public before 9.00am or after 9.00pm on any day.

 

43.       The primary school shall not be occupied until details of the means of ventilation for the extraction and dispersal of fumes, including details the extraction, ventilation and filtration equipment and any other external plant or machinery (including ventilation units and air intake louvres) together with details of its method of construction, appearance, finish and acoustic performance has been submitted to and approved in writing by the Local Planning Authority. The use of the primary school shall not commence until the approved plant and equipment has been installed in full. The approved plant and equipment shall be retained at all times. No further external equipment or plant may be installed without the prior written approval of the Local Planning Authority.

 

44.       No lighting shall be installed within the primary school site or on the building until full details of the lighting, including siting, type, height, specification, hours of operation and lux values, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the details approved.

Report author: Paul Baxter

Publication date: 19/12/2019

Date of decision: 16/12/2019

Decided at meeting: 16/12/2019 - Development Management Committee

Accompanying Documents:

 

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