The Chair introduced the item to the committee and invited the Principal Planning Officer (AR) to present her report.  The Principal Planning Officer presented the application as set out in her report.

The Chair thanked the Principal Planning Officer for her report and invited to Mr Alistair Snell to speak against the application. 

Mr Snell stated that he had three points.  His property was built five years ago and during that process, a previous application for a dormer bungalow had been refused.  Mr Snell quoted from that decision, which stated that a development of that nature in that location, did not comply with the policies at that time.  He made the comparison with the situation of 62 High Road. 

Mr Snell went on to say that the residents of this area lived here because they wanted to live in an area of bungalows and did not want to be overlooked.  The development was entirely out of character with the area. 

He concluded that when his bungalow had been built, it had been constructed with the rear of the house being open, because the assumption had been that only bungalows were allowed in the area, so they would never be overlooked.  This was no longer the case should the application be granted.  He asked that the original condition of obscured glazing to the rear be reinstated. 

The Chair invited the Principal Planning Officer to respond to the points raised.  She stated that she was aware of the history and that originally a condition of obscured glazing had been imposed.  However, due to the distances between the properties and the length of the rear garden, this condition was not required and if challenged, may be found to be unjustified.  She commented that somewhat unusually, the original obscured glazing condition had been offered by the developer and accepted. 

In relation to the development being out of character for the area, the Principal Planning Officer explained that over the past five years, the design guide had changed and this current development complied with current policies.  She added that previously the dormer windows had been approved. 

The Chair thanked the Principal Planning officer for her assistance and invited Councillor Saffery to address the committee. 

Councillor Saffery stated that he disapproved of the way the developers had been dealing with the local residents and also of their disregard of the planning regulations. 

He went on to assert that this application was entirely out of character with the local area and that it allowed the bungalows to be overlooked.  He expressed his strong opinion that the council should be sending a firm message to developers that breaches of planning regulations would not be tolerated. 

The Chair thanked Councillor Saffery and added that he was highly critical of developers obtaining planning permission, then building something different. 

A number of members expressed their strong disapproval about the poor conduct of the developer and their apparent underhand tactics.  A number mentioned that they wished they could withhold planning permission because of this, in order to send a strong message to developers that this sort of conduct was unwelcome in Watford.  However the Principal Planning Officer explained that planning permission could not be withheld as a punitive measure or because an application was being made retrospectively. 

The discussion continued and members suggested that although it could not be a condition, an informative could be added to suggest that the obscured glazing be reinstated.  The committee was advised by the Interim Head of Planning and Building Control that this could only be voluntary and any informative of that nature could not be enforced. 

Councillor Sharpe pointed out that the planning system had fundamentally changed, to allow applications that a few years ago would have been refused. 

The Chair then moved that planning permission be approved, subject to the conditions and informatives in Section 8 of the officer’s report plus an additional informative requesting obscured glazing on the rear dormer windows. 

In accordance with Standing Committee Procedure Rules, paragraph 4.2, Councillor Jeffree requested that it be recorded in the minutes how members cast their votes.

Those members voting for the motion:

Councillors Bell, Mills, Jeffree, Johnson, Pattinson, Sharpe and Watkin

Those members voting against the motion:

Councillors Collett and Smith

Those members abstaining:

None 

The motion was declared to be CARRIED with seven votes for and two against.

RESOLVED –

That conditional planning permission be granted, subject to the conditions and informatives plus an additional informative requesting obscured glazing on the rear dormer windows. 

Conditions

1.      Approved Drawings

The development hereby permitted shall be carried out in accordance with the following approved drawings: HR62-03-1001, HR62-03-1004 and HR62-03-1005.

2.      Materials

Within 12 weeks of this decision, details and samples of the materials to be used for all the external finishes of the development hereby approved, including all external walls, all roofs, doors, windows, fascias, rainwater and foul drainage goods, shall be submitted in writing to the Local Planning Authority. No part of the development shall be occupied until details have been approved in writing by the Local Planning Authority and the development has been carried out in accordance with the approved details and samples.

3.      First floor side windows

Notwithstanding the provisions of Part 1 of Schedule 2 of the Town and Country Planning General Permitted Development Order 2015 (and any order revoking and re-enacting that order) no additional first floor windows or doors shall be inserted in the north-eastern side elevation of the development hereby permitted.

4.      Permitted Development

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any modification or re-enactment thereof), no development permitted under Schedule 2, Part 1, Classes A, B, C, D or E of the Order shall be carried out to the new dwellings without the prior written permission of the Local Planning Authority.

5.      Residential facilities

No dwelling shall be occupied until the cycle stores, bin stores, 2 parking spaces and widened vehicular crossover to Redheath Close have been completed in full in accordance with the approved drawings.

     Informatives

IN907 Positive-proactive statement

IN909 Street Naming and numbering

IN910 Building regulations

IN911 Party Wall Act

IN912 Hours of Construction

IN913 Community Infrastructure Levy Liability

IN915 Highways Works

Obscure glazing to rear, first floor windows