Agenda item

An application for the change of use on upper floor from A3 (cafe/restaurant) to C3 (self contained flat).

The Committee received a report from the Development Management Section Head including the relevant planning history of the site. It was noted by the Senior Planning Officer that recommendation B of the report no longer needed to be considered as the Section 106 agreement had been completed.

The Chairman invited Mr Oliver Hyams to speak to the Committee in objection to the application. Mr Hyams stated that the proposal to change the use of the upstairs to a residential dwelling would result in the ground floor commercial use as a bar being unviable, due in part to the only customer toilet being currently located upstairs. As a consequence, the ground floor would be left unoccupied and the mixed use of the building would be lost which was a defining characteristic of the conservation area in which the site was located.

Mr Hyams also raised concerns regarding the lease. He noted that a change to the lease required an order from the County Court. Obtaining the order was dependent on showing redevelopment would take place for which obtaining planning permission was a necessary pre-requisite.

The Senior Planning Officer responded to the speaker’s comments. He noted that if the change of use for the upstairs was changed to residential, it might result in a change of the long term use of the ground floor from a bar (A4) to a shop (A1) or for financial and professional services (A2). However such a change would retain a commercial use. It was noted that historically the ground floor had been used as a shop. Furthermore, it was noted that the lease of the property was a private matter between tenant and landlord and not a consideration for the Committee.

The Chairman opened the debate to the Committee Members.

Councillors Watkin and Sharpe expressed concern that the application before the Committee was a precursor to a further change of use for the ground floor of the property to a residential use as well.

Councillor Watkin suggested that a condition should be attached to prevent the change of use of the ground floor to a residential use. The Senior Planning Officer noted it was not necessary to attach a condition because a planning application would be required for such a change of use.

Councillor Sharpe noted there was a public perception that such an application might be a stalking horse for something else.  He understood that the Committee could not speculate on possible applications in the future but wished to know if there was a danger of the ground floor being subsequently converted to a residential use and whether there were adequate planning policies to resist this. The Senior Planning Officer reminded Members that only the development proposed in the application should be considered rather than any future change of use of the ground floor, and he also commented that because of the distinctive mixed use character of the Conservation Area, change of use of the ground floor to residential would be resisted.

Councillor Jeffree noted the speaker’s concerns but was satisfied with the Senior Planning Officer’s responses regarding the lease and the potential change in the long term use of the ground floor. He was of the opinion that returning to the historic use of a shop made sense.

Councillor Bashir stated he agreed with his fellow Councillors. He could see no planning grounds on which to reject the application. He highlighted the second paragraph of page 13 of the agenda, noting the lack of a customer WC which was described as a “matter for other legislation” and not a material planning consideration. The Senior Planning Officer emphasised that such a consideration would be within the remit of environmental health officers rather than a matter for planning control.

Councillor Sharpe informed the Committee that he remembered the 2005 application concerning the application site when the applicant had successfully changed the use to a restaurant. He noted that there had been apprehension from neighbours at that time regarding the change. Therefore it was a great tribute to the current occupiers, Rodells, that neighbours were now concerned about changing the use away from a restaurant. Councillor Sharpe suggested the planning system was not equipped to deal with the application satisfactorily. He sympathised with the speaker’s situation and noted that he would have preferred to have seen Rodells continue to use the site in its current form. However it was not for him to dictate such a property issue. He apologised for being unable to resist the application but believed there were no planning grounds on which to reject.

The Chairman moved officer recommendation that the application be approved subject to the conditions outlined in the Officer’s report.

RESOLVED UNANIMOUSLY:

That, in consequence of a unilateral undertaking under s.106 of the Town and Country Planning Act 1990 (as amended) having been entered into to secure the contribution set out below, planning permission be granted subject to the following conditions:

Section 106 Heads of Terms

To secure a financial payment to the Council of £2,000 towards the variation of the relevant Traffic Regulation Order to exclude the site from the controlled parking zone, thereby preventing residents’ parking permits being allocated to this 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.

Reason: To comply with the requirements of Section 91 of the Town and

Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. 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.

Reason: To safeguard the amenities and quiet enjoyment of neighbouring

properties during the time that the development is being constructed,

pursuant to Policy SE22 of the Watford District Plan 2000.

3. No development shall commence until details of the siting, size and design of refuse, recycling and cycle storage have been submitted to and

approved in writing by the Local Planning Authority. The development

shall not be occupied until the storage facilities have been installed in

accordance with the approved details. The storage facilities shall be

retained at all times thereafter.

Reason: In the interests of the visual appearance of the site and, to

ensure that sustainable transport objectives are met.

4. No development shall commence until details of a sound proofing scheme for protecting the future occupiers of the first floor flat hereby approved

from noise from the ground floor bar have been submitted to and

approved in writing by the Local Planning Authority. The first floor flat shall not be occupied until all works which form part of the scheme have been completed.

Reason: To ensure that the proposed development is adequately

insulated from potential noise nuisance arising from the existing ground

floor bar.

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 planning permission is accompanied by a unilateral undertaking under s.106 of the Town and Country Planning Act 1990 to secure financial contributions towards the variation of the Borough of Watford (Watford Central Area and West Watford Area) (Controlled Parking Zones) (Consolidation) Order 2010 to exclude future residents of the development from entitlement to resident parking permits for the controlled parking zones in the vicinity of the land in accordance with Policy T24 of the Watford District Plan 2000.