Agenda item

An application for: the part demolition / reconfiguration / change of use of existing Charter Place Shopping Centre, the demolition of 37-57 and 67-69 High Street, and part retention of 63-65, High Street. Erection of new buildings within Classes A1(shops), A3 (restaurants) and D2 (including cinema), including provision of new covered market, together with associated plant and machinery, and ancillary facilities. Provision of new public realm.  Alterations to existing pedestrian and cycle access and egress arrangements, highway alterations/ improvements and other ancillary works and operations. Variation of Condition 2 of planning permission ref. 13/00972/FULM to incorporate amendments to the cinema building, including an increase in height, changes to the roof profile and changes to fire escapes.

The Committee received a report of the Development Management Section Head including the relevant planning history of the site and details of two responses to the application.

 

The Major Cases and Enforcement Manager noted the Update Sheet for this application and amended Condition 15.  He also noted that since the planning obligation had been completed, recommendation (B) could be removed. 

 

The Chair asked the Major Cases and Enforcement Manager to comment on the design changes.

 

The Major Cases and Enforcement Manager noted that the main change concerned the legal requirement to include a high level fire escape in the cinema; this had resulted in an increased height of 2.4 m on the High Street façade. 

 

The Major Cases and Enforcement Manager advised that the original design had referenced the relationship with listed buildings in this locality which were to be refurbished as part of the Harlequin Centre.  He explained that the initial objective could only be achieved by removing the cinema in which case the entire scheme would be forfeited.  He assured the Committee that the benefits would significantly outweigh possible harm to the building. 

 

RESOLVED –

 

(A)       That conditional planning permission be granted subject to the completion of a planning obligation under section 106 of the Town and Country Planning Act 1990 to secure the following contributions and subject to the conditions listed below:

 

Section 106 Heads of Terms

 

i)          To secure a financial payment to the Council of £100,000 towards the cost of environmental improvements in the public realm on High Street, in accordance with Policy SPA1 of the Watford Local Plan Core Strategy 2006-31.

 

Conditions

 

Time Limit

1.         The development to which this permission relates shall be begun before 5^th February 2018.

           

Approved Drawings

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

           

AP (02) 0999 P02, 1000 P02, 1001 P02, 1002 P01, 1003 P01, 1004 P01, 1150 P01, 1151 P01, 1010 P01, 1011 P01, 1012 P01, 1015 P01

AP (04) 1152 P05, 0249 P04, 0250 P07, 0251 P07, 0252 P09, 0253 P10, 0254 P10, 0255 P10, 0256 P09, 0257 P09

AP (05) 1600 P11, 1601 P06, 1602 P08, 1603 P04

AP (06) 1700 P06, 1701 P01, 1702 P05, 1703 P05

           

Hours of Construction

3.         No demolition works or construction of the development hereby permitted shall not take place before 8am or after 6pm Mondays to Fridays, before 8am or after 1pm on Saturdays and not at all on Sundays and Public Holidays, unless otherwise agreed in writing by the Local Planning Authority. This shall exclude any internal fit-out works of the individual units by tenants.

           

Considerate Constructors Scheme

4.         The construction of the development shall be registered with the Considerate Constructors Scheme and shall be carried out in accordance with the requirements of this Scheme at all times.

 

Construction Method Statement and Phasing Plan

5.         No development shall commence until a Construction Method Statement and Phasing Plan has been submitted to and approved in writing by the Local Planning Authority. This Plan shall include the phasing of the development and, for each phase, details of contractors’ parking, the delivery and storage of materials, any temporary access/egress points to adjoining highways, and wheel washing facilities. The Plan as approved shall be implemented throughout the construction period.

 

Site Waste Management Plan

6.         No development shall commence until a Site Waste Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan as approved shall be implemented throughout the construction period.

 

External Materials

7.         No construction works shall commence until details of all the materials to be used for the external surfaces and finishes of each of the buildings within the development (new buildings and refurbished existing buildings), the existing Charter Palace car park elevations and the first floor walkways 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.

 

Waste and Recycling Storage

8.         No construction works shall commence until a basement level plan detailing the siting and size of storage facilities for waste and recycling for all of the proposed units within the development has been submitted to and approved in writing by the Local Planning Authority. No unit shall be occupied until these facilities have been provided in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

 

Delivery and Servicing Management Plan

9.         No unit within the development shall be occupied until a Delivery and Servicing Management Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall be operated in accordance with the approved Plan at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

BREEAM Assessment and Green Guide for Tenants

10.       No construction works shall commence until an Interim (Design Stage) certificate issued by or on behalf of The Building Research Establishment has been submitted to the Local Planning Authority to demonstrate that the shell and core design of the development will achieve a BREEAM ‘Very Good’ Rating. This shall be supplemented by details of any measures that would need to be secured by the tenant fit out and a mechanism by which these will be secured. The development shall be carried out in accordance with the approved details.

 

Sustainable Drainage Scheme

11.       Development shall not begin until a detailed surface water drainage scheme for the site, based on the agreed Flood Risk Assessment (FRA) (Issue 03, prepared by Waterman dated 5 September) 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 a restriction in run-off and surface water storage on site as outlined in the FRA.

 

Foul Water Impact Assessment and Drainage Strategy

12.       No construction works shall commence until an impact study to assess the impact of the development on foul water flows on the sewerage network has been undertaken and a drainage strategy, based upon the findings of this study and incorporating any additional on or off-site infrastructure necessary to provide the required capacity, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the approved drainage strategy has been undertaken in full.

 

Impact Piling

13.       Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority. The development shall only be carried out in accordance with the approved details.

 

Shop front Design

14.       No shop front shall be installed on any retail unit within the development (new buildings or refurbished existing buildings), the cinema or the leisure unit until a detailed shop front design guide has been submitted to and approved in writing by the Local Planning Authority. The shop front design guide shall include details of materials, signage zones, lighting, windows and doors. All shop fronts to the retail units, cinema and leisure unit shall be installed in accordance with the approved design guide and shall be retained at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

15.       No shop front shall be installed on any restaurant unit within the development or any unit fronting on to High Street until the details of the design and materials of the shop front and the signage zone, and the extent of any outdoor seating area and how this will be demarcated, have been submitted to and approved in writing by the Local Planning Authority. The shop front shall only be installed in accordance with the approved details and shall be retained at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

Hard Landscaping and Street Furniture

16.       Within 12 months of the commencement of construction works, a hard landscaping and street furniture scheme for all areas within the public realm, based upon the Council’s adopted Streetscape Design Guide, shall be submitted to the Local Planning Authority. This shall include samples of the materials to be used for all pedestrian routes, public squares and areas of public highway at ground and first floor level and details of all street furniture to be used. No hard landscaping works shall be carried out until a scheme has been approved in writing by the Local Planning Authority. The development shall only be implemented in accordance with the approved scheme.

 

Lighting Scheme (buildings and spaces)

17.       Within 12 months of the commencement of construction works, a comprehensive lighting scheme for the development (to include the new and existing buildings, the existing car park elevations, the pedestrian routes at ground and first floor levels and the new public spaces), shall be submitted to the Local Planning Authority. No lighting works shall be carried out until a scheme has been approved in writing by the Local Planning Authority. The development shall only be implemented in accordance with the approved scheme.

 

Detailed drawings of buildings

18.       No construction works shall commence until detailed drawings of each of the proposed new buildings have been submitted to and approved in writing by the Local Planning Authority. These drawings shall show relevant extracts of each building at a scale of 1:20 of the detailing of the buildings (i.e. window reveals, treatment of gables and parapets, brickwork patterns, etc.). The development shall only be constructed in accordance with the approved details.

 

Details of Grove Walk elevations

19.       Within 12 months of the commencement of construction works, detailed drawings of the elevations to Grove Walk pedestrian walkway and the ground floor elevation to Beechen Grove (to include details of shop fronts and all other treatments to the elevations, and materials) and the underside of the roof of Grove Walk and the canopy on Beechen Grove (to include any cladding, materials and lighting), shall be submitted to the Local Planning Authority. No works shall be carried out until details have been approved in writing by the Local Planning Authority. The development shall only be constructed in accordance with the approved details.

 

Details of glazed canopy

20.       Within 12 months of the commencement of construction works, details of the design and materials of the high level glazed canopy and its supporting structures shall be submitted to the Local Planning Authority. No works relating to the glazed canopy shall be carried out until details have been approved in writing by the Local Planning Authority. The development shall only be constructed in accordance with the approved details.

 

Travel Plan

21.       No part of the development shall be occupied until the existing intu Watford Travel Plan has been updated, submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall be implemented as approved at all times.

 

Cycle Parking

22.       No construction works shall commence until ground level and basement level plans detailing the siting of the proposed cycle parking provision for employees and visitors within the site has been submitted to and approved in writing by the Local Planning Authority. This provision shall comprise a minimum of 40 spaces at ground level for visitors and a minimum of 82 spaces at basement level for employees.

 

23.       No unit within the development shall be occupied until details of the design of the cycle parking facilities for employees and visitors have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be installed in accordance with the details approved pursuant to Condition 22.

 

Off-site highways improvement works

24.       No part of the development shall be occupied until the following highway improvement works, as shown in principle on drawing nos. 2013-1325-DWG-205B and 210A (ttp consulting), have been completed:-

 

            i)            Realignment of pedestrian crossing across bus lane on Beechen Grove.

            ii)           Improvements to pedestrian crossing on Beechen Grove.

            iii)          Improvements to exits from basement and CharterPalace car park.

 

Archaeology

25.      (a)       No works of demolition or construction shall commence until an Archaeological Written Scheme of Investigation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include an assessment of archaeological significance and research questions and the following details:

 

i)          the programme and methodology of site investigation and recording;

ii)         the programme for post investigation assessment;

iii)        the provision to be made for analysis of the site investigation and recording;

iv)        the provision to be made for publication and dissemination of the analysis and records of the site investigation;

v)         the provision to be made for archive deposition of the analysis and records of the site investigation;

vi)        the nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.

 

(b)       Works of demolition or construction shall only take place in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved under (a) above.

 

(c)        The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under (a) above and the provision made for analysis and publication where appropriate.

 

External plant noise levels

26.       No unit within the development shall be occupied until details of all externally mounted air handling plant serving that unit, including its acoustic performance, have been submitted to and approved in writing by the Local Planning Authority. All such plant, including any associated mitigation measures, shall achieve the noise levels set out in the Environmental Noise Survey Report, reference 19403/ENS1 Revision 2 dated September 2013, unless otherwise agreed in writing by the Local Planning Authority. Before any unit is opened to the public, the plant and any associated mitigation measures shall be installed, and thereafter shall be maintained, in accordance with the details approved by the Local Planning Authority. For the purposes of this condition, a unit shall be construed as including any part of any building to which the public are admitted and that is capable of being occupied independently of any other part and, for the avoidance of doubt, shall include any part used as a restaurant, shop or for leisure purposes.

 

27.       No common parts of the development shall be occupied until details of all externally mounted air handling plant serving those parts, including its acoustic performance, have been submitted to and approved in writing by the Local Planning Authority. All such plant, including any associated mitigation measures, shall achieve the noise levels set out in the Environmental Noise Survey Report, reference 19403/ENS1 Revision 2 dated September 2013, unless otherwise agreed in writing by the Local Planning Authority. Before any of the common parts of the development are opened to the public, the plant and any associated mitigation measures relating to that part shall be installed, and thereafter shall be maintained, in accordance with the details approved by the Local Planning Authority. For the purposes of this condition, the common parts of the development shall be construed as including any part of the development to which the public are admitted which do not fall within the definition of “unit” in Condition 26.

 

Noise emission from leisure uses

28.       No construction works shall commence until details of the acoustic performance of the building fabric of the cinema and leisure units, demonstrating compliance with the requirements set out in the Environmental Noise Survey Report, reference 19403/ENS1 Revision 2 dated September 2013, have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details.

 

Fume extraction from restaurant uses

29.       Before any restaurant unit is occupied, details of the equipment to be provided for the extraction and filtration of fumes and/or odours produced by cooking and food preparation shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, no fume extraction equipment shall be externally mounted on the vertical facades of any part of the development. Before any restaurant unit is opened to the public, such equipment shall be installed as approved, and thereafter maintained in full working order at all times, in accordance with the details approved by the Local Planning Authority.

 

Palace Charter car park opening hours

30.       Palace Charter car park shall open for use by the public at all times during which any retail unit, restaurant unit, the cinema or the leisure unit are open and it shall not be closed to the public until at least one hour after the closure of the last unit within the development.

 

Land contamination

31.       No development approved by this planning permission shall take place until a scheme that includes the following components 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 site investigation scheme, based on the submitted Preliminary Environmental Risk Assessment (by Watermans, reference EED14097-100-R.1.2.2-NS, dated October 2013) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

ii) The results of the site investigation and detailed risk assessment referred to in (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 the remediation strategy 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 written consent of the local planning authority. The scheme shall be implemented as approved.

 

32.       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 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. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

 

33.       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 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.

 

34.       No infiltration of surface water drainage into the ground 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.

 

High St/Beechen Grove pedestrian link

35.       Upon opening of the development to the public, the pedestrian route shown on the approved drawings between High Street and Beechen Grove, via the realigned Meeting Alley and Grove Walk, shall be made available and kept open to members of the public to pass and repass on foot and shall not be gated or closed off by any means, either temporarily or permanently, to prevent the passage of pedestrians unless required in connection with temporary maintenance, improvement or emergency works.

 

Listed building at 63-65, High Street

36.       No works of any nature shall be carried out to the listed building until a detailed scheme for the refurbishment and restoration of the front façade of the building, to include the removal of the existing exterior paint and the reinstatement of the original design of the ground floor windows, has been submitted to and approved in writing by the Local Planning Authority. The works to the building shall only be carried out in accordance with the approved details.

 

 

Informatives

1.         This planning permission is accompanied by a unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 to secure a financial contribution towards environmental improvements in the public realm on High Street.

 

2.         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.

 

Drawing numbers

AP (02) 0999 P02, 1000 P02, 1001 P02, 1002 P01, 1003 P01, 1004 P01, 1150 P01, 1151 P01, 1010 P01, 1011 P01, 1012 P01, 1015 P01

AP (04) 1152 P05, 0249 P04, 0250 P07, 0251 P07, 0252 P09, 0253 P10, 0254 P10, 0255 P10, 0256 P09, 0257 P09

AP (05) 1600 P11, 1601 P06, 1602 P08, 1603 P04

AP (06) 1700 P06, 1701 P01, 1702 P05, 1703 P05