Agenda item

Boundary Way

Application to demolish 24 flats, shop and community building and to remove garages and create 56 new 1, 2 and 3 bed homes consisting of two to three storey buildings together with new shop, community facilities including community gardens, parking, landscaping and alterations to main carriageway (Duplicate application to Three Rivers District Council).

Minutes:

The Committee received a report of the Development Management Section Head including the relevant planning history of the site and details of thirteen letters in response to the application; one in support of the application and the others making objections.

 

The Major Cases and Enforcement Manager advised that all Members of the Committee had attended a site visit.  He noted the Update Sheet and explained that a s.106 unilateral undertaking had been received to secure the heads of terms as set out in Recommendation (A) of the report and that Recommendation (B) was no longer required. 

 

The Chair invited Catherine Birch to address the Committee.

 

Ms Birch advised that she was a resident in Boundary Way and then described the estate.  She noted that many homes had no front gardens, no private driveways on which to park and no windows at the front of their homes.  She further noted that the design had won an award for maximum density when it had been built in the 1970s.  Ms Birch advised, however, that whilst the plans might have appeared good, the reality was not so pleasant.

 

With regard to the proposals in the application, she agreed that although some were positive others would have a negative effect on residents.  She considered that the changes would lead to overcrowding and would impede sunlight and outlook.

 

Ms Birch commented on the proposed design stating that less grass and more alleyways would inevitably result in increased noise pollution.   She added that since there would be more concrete and fewer grassed areas there would be fewer places where children could play. 

 

Ms Birch considered that the designs would also result in parking problems.  She enumerated the planned spaces and calculated that there would be insufficient parking availability for visitors.  

 

Ms Birch concluded by affirming that residents realised that there was a need for more homes but asked that they not be built on the Boundary Way estate. 

 

The Chair invited Mr Euan Barr of the Watford Community Housing Trust to address the Committee. 

 

Mr Barr advised that the Trust had made a commitment to make considerable investment in the estate: thirty four new affordable homes would be built in addition to increased parking.  Existing parking spaces would be enhanced and extended.  The existing depot would be purchased by the Trust and the housing supply increased. 

 

Mr Barr said that a number of garages would be removed and additional parking installed with the resultant benefit of passive surveillance. 

 

Mr Barr noted the improvements inherent in the scheme: more affordable homes, improved parking facilities and extra amenity space.  He concluded by stating that he considered the application to be a well designed and relevant proposal.   

 

The Chair then invited Councillor K Collett, a ward councillor for Woodside ward to address the meeting. 

 

Councillor Collett noted that the estate had been built in the 1970s as a joint collaboration between Watford Borough Council (WBC) and Three Rivers District Council (TRDC). 

 

Councillor Collett considered that the current application did not allow for adequate parking and noted that, since most homes housed more than one driver, the plans would make conditions worse for residents.   She commented that the proposed parking spaces would not be near the homes and would also restrict the width of the road.  Narrowing of the road would impact on access for emergency vehicles. 

 

Councillor Collett said that whilst residents supported some aspects of the scheme, such as the Hub, she felt that, although targets had been met in general, residents’ needs had not been considered.  As examples of residents’ needs, Councillor Collett noted the lack of privacy and amenity space.  She pointed out that Boundary Way had houses in close proximity to one another and that there was a need to retain green spaces. 

 

Councillor Collett advised that TRDC had questioned various aspects of the scheme.  She suggested that it would be wise for the Committee to wait until these questions had been answered before making their final decision.

 

The Chair asked the Major Cases and Enforcement Manager to address the question of parking and overlooking as noted by the speakers. 

 

The Major Cases and Enforcement Manager advised that a professional parking survey had been conducted at 1.00 a.m. over two nights and results evaluated and tabled at page 101 of the agenda.  It was noted that there remained a significant number of free spaces on the estate at the time of the survey and that, whilst there was a degree of illegal parking, spaces were still available at that time.  

 

The Major Cases and Enforcement Manager agreed that residents preferred to park outside their homes but that the design of the estate prevented this.  He noted that many homes were only accessible via alleyways and advised that although this scheme of design would not be considered acceptable today, it was necessary for the developers to work with the design as it now existed.  The scheme as proposed would provide a surplus of 43 spaces in which to park.

 

On the matter of noise, the Major Cases and Enforcement Manager advised that this nuisance was currently exacerbated due to many garages on the estate facing onto the highway; the presence of grass or trees would not lessen noise pollution. 

 

The Major Cases and Enforcement Manager referred to comments regarding TRDC and advised that the Committee could not take into account that part of Boundary Way which lay in TRDC.  He reminded Members that they had a statutory duty to determine the application which was within the WBC area. 

 

The officer concluded by noting that there had been no objections to the proposals in Area D (within WBC’s boundaries) and that Areas F and G were in TRDC.  

 

Councillor Sharpe agreed that the application could not be refused on the basis of those parts of the estate which were in the TRDC area.  He said that the areas of development in WBC were broadly acceptable and confirmed that the Committee had no jurisdiction over TRDC.

 

Councillor Derbyshire expressed his sympathy with residents but considered that the objectives of WCHT were good and that the proposals would result in improvements for the estate.  As an example, he advised that the standard of construction would be significantly better for the new homes than those built in the 1970s.  He said that the garages were unsightly and unused and that it would be wise to remove them. 

 

Councillor Derbyshire then addressed the subject of parking and said that he was satisfied that the proposals would increase parking space and, moreover, make the spaces themselves more attractive.  He said that he felt that the advantages of the changes far outweighed the disadvantages. 

 

Councillors Bell and Bashir both considered that the proposed changes were a great improvement.  They noted the regeneration of the play areas, the increases in housing and the extra parking and agreed that there were no planning reasons for a refusal.  

 

In response to a question from Councillor Bashir, the Major Cases and Enforcement Manager advised that the majority of homes would be for affordable rent but that an element of social housing would be located in the TRDC portion of the estate. 

 

Councillor Johnson noted Condition 3 in the recommendations and MOVED that construction take place between Monday and Friday only.

 

On being put to the Committee the Motion was CARRIED. 

 

The Major Cases and Enforcement Manager pointed out that it would be better if TRDC also agreed to work only Monday to Friday.  He agreed to inform TRDC of the Committee’s decision on this matter. 

 

RESOLVED –

 

that planning permission be granted subject to the completion of an

agreement under s.106 of the Town and Country Planning Act 1990 to secure

the following obligations and subject to the conditions listed below:

 

Section 106 Heads of Terms

 

i)          To secure the provision of fire hydrants as required by the County Council in accordance with Policy H10 of the Watford District Plan 2000.

 

ii)         To secure all of the 11 new dwellings within Watford Borough as affordable housing.

 

Conditions

 

1.         The development to which this permission relates shall be begun within a period of 3 years commencing on the date of this permission.

 

2.         The development shall only be constructed in accordance with the following approved drawings, unless otherwise agreed in writing by the Local Planning Authority:

 

            422_PL_001B, 002B, 003, 004B, 005, 006, 007, 008, 009, 010, 011, 012, 013, 014, 015, 016A, 017A, 018, 019, 020, 050, 051, 052, 053

 

            C-120217-X-00-DRG-100_1.0, 101_1.0, 102_1.0, 103_1.0, 104_1.0, 105_1.0, 106_1.0, 200_1.0, 201_1.0, 202_1.0, 203_1.0, 204_1.0, 205_1.0, 206_1.0

 

3.         Construction of the development hereby permitted shall not take place before 8am or after 6pm Mondays to Fridays, and not at all on Saturdays, Sundays and Public Holidays.

 

4.         No development shall commence until the scheme has been registered with the Considerate Constructors Scheme and a certificate of registration has been submitted to the Local Planning Authority. The construction shall be carried out in accordance with the requirements of this scheme.

 

5.         No development shall commence until a Development Phasing Plan has been submitted to and approved in writing by the Local Planning Authority. This Plan shall include for each phase a site plan delineating the following works to be undertaken in that phase:

 

            i)          the dwellings to be constructed;

            ii)         the parking spaces to be constructed;

            iii)        the garages to be refurbished;

            iv)        the improvement works to be undertaken within the highway;

            v)         the footpath improvement works to be undertaken.

 

 

            No dwelling shall be occupied in any given phase until all works within that phase and each preceding phase have been completed in full, unless otherwise agreed in writing by the Local Planning Authority.

 

6.         No development shall commence within any phase as approved in the Development Phasing Plan until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority for that phase. This Plan shall include details of contractors’ parking, arrangements for the delivery and storage of materials, any temporary access/egress points to adjoining highways, measures to mitigate noise and dust, and wheel washing facilities. The Plan as approved shall be implemented throughout the construction period for each phase.

 

7.         No development shall commence within any phase until fencing of a style, height and in a position to be agreed in writing by the Local Planning Authority shall have been erected to protect all trees which are to be retained. No materials, vehicles, fuel or any other items shall be stored or buildings erected or works carried out inside this fencing and no changes in ground level shall be made within the spread of any tree or shrubs (including hedges) without the prior written approval of the Local Planning Authority.

 

8.         No demolition of the two blocks of flats shown to be demolished (nos. 274-285 and 286-297) shall commence until a further bat survey has been undertaken, to include full internal inspections of the roof voids and a bat mitigation strategy and method statement, and has been submitted to and approved in writing by the Local Planning Authority. The survey shall be undertaken at least 8 weeks prior to the demolition of the buildings. The demolition shall only be undertaken in accordance with the approved bat mitigation strategy.

 

9.         No construction works shall commence until full details and samples of the materials to be used for the external surfaces of the buildings (including walls, roofs, windows, doors, balconies and solar panels) have been submitted to and approved in writing by the Local Planning Authority. The development shall only be implemented in accordance with the approved materials.

 

10.       No construction works shall commence until details of a lighting scheme for the development have been submitted to and approved in writing by the Local Planning Authority.  The scheme shall be installed as approved prior to the first occupation of each phase of the development to which it relates.

 

11.       No construction works shall commence until a Design Stage Assessment has been undertaken to demonstrate that the development can achieve, as a minimum, Code Level 3 of the Code for Sustainable Homes and this has been submitted to and approved in writing by the Local Planning Authority. Within 3 months of the occupation of each dwelling, a post-completion certificate, to certify that, as a minimum, Code Level 3 has been achieved, shall be submitted to the Local Planning Authority.

 

12.       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.

 

13.      The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment and Sustainable Drainage Strategy by Conisbee (ref. 120217/TG dated 16 June 2014) and the approved drainage layout drawings, with each hydro-brake flow control having a maximum discharge flow of 5 litres/second.

 

14.       The existing children’s play area (within Zone F) shall not be removed until full details of the new play area, including the type of play equipment to be installed, have been submitted to and approved in writing by the Local Planning Authority.

 

15.       All hard surfaced areas shall be finished in accordance with the materials and details shown on approved drawing no. L-204, unless otherwise approved in writing by the Local Planning Authority.

 

16.       The approved soft landscaping scheme shown on drawing no. L-502 shall be carried out not later than the first available planting and seeding season after completion of each phase of the development to which it relates, unless otherwise approved in writing by the Local Planning Authority.  Any trees or plants whether new or existing which within a period of five years die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, or in accordance with details approved by the Local Planning Authority.

 

17.       No dwellings shall be occupied in any phase of the development until the respective refuse and recycling facilities and cycle storage facilities to serve the dwellings, as shown on the approved drawings, have been constructed. These facilities shall be retained as approved at all times.

 

18.       No dwelling shall be occupied until the respective vehicle parking accommodation, as shown on the approved Development Phasing Plan has been provided and made available for use. This parking accommodation shall be permanently retained and shall not be used for any other purpose than the parking of vehicles of occupants of the development or visitors to the site.

 

19.      Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any modification or re-enactment thereof), no development permitted under Schedule 2, Part 1, Classes A, B, C, D and E of the Order shall be carried out to the houses hereby approved without the prior written permission of the Local Planning Authority.

 

Informatives

 

1.         This planning permission is accompanied by an agreement under Section 106 of the Town and Country Planning Act 1990 to secure the provision of affordable housing and the provision of necessary fire hydrants to serve the development.

 

2.         This planning permission grants consent only for that part of the proposed development within Watford Borough. Any development within Three Rivers District can only be granted planning permission by Three Rivers District Council.

 

Drawing numbers

422_PL_001B, 002B, 003, 004B, 005, 006, 007, 008, 009, 010, 011, 012, 013, 014, 015, 016A, 017A, 018, 019, 020, 050, 051, 052, 053

C-120217-X-00-DRG-100_1.0, 101_1.0, 102_1.0, 103_1.0, 104_1.0, 105_1.0, 106_1.0, 200_1.0, 201_1.0, 202_1.0, 203_1.0, 204_1.0, 205_1.0, 206_1.0

 

 

Supporting documents: