Public Document Pack DEVELOPMENT CONTROL COMMITTEE Thursday, 26th April, 2012 7.30 pm Town Hall, Watford Publication date: 18 April 2012 CONTACT If you require further information or you would like a copy of this agenda in another format, e.g. large print, please contact Rosy Wassell in Legal and Property Services on 01923 278375 or by email to legalanddemocratic@watford.gov.uk (Minicom available on 01923 278499).
Welcome to this meeting. We hope you find these notes useful. ACCESS Access to the Town Hall after 5.15 pm is via the entrance to the Customer Service Centre from the visitors car park. Visitors may park in the staff car park after 4.00 p.m. and before 7.00 a.m. This is a Pay and Display car park; the current charge is 1.50 per visit. The Committee Rooms are on the first floor of the Town Hall and a lift is available. Induction loops are available in the Committee Rooms and the Council Chamber. FIRE/EMERGENCY INSTRUCTIONS In the event of a fire alarm sounding, vacate the building immediately following the instructions given by the Democratic Services Officer. Do not use the lifts Do not stop to collect personal belongings Go to the assembly point at the Pond and wait for further instructions Do not re-enter the building until authorised to do so. MOBILE PHONES Please ensure that mobile phones are switched off before the start of the meeting.
COMMITTEE MEMBERSHIP Councillor R Martins (Chair) Councillor G Derbyshire (Vice-Chair) Councillors N Bell, A Burtenshaw, K Collett, S Johnson, A Khan, I Sharpe and M Watkin AGENDA PART A - OPEN TO THE PUBLIC 1. APOLOGIES FOR ABSENCE/COMMITTEE MEMBERSHIP 2. DISCLOSURE OF INTERESTS (IF ANY) 3. MINUTES The minutes of the meeting held on 27 March 2012 to be submitted and signed. (All minutes are available on the Council s website.) CONDUCT OF THE MEETING The Committee to take items in the following order: 1. All items where people wish to speak to the Committee and have registered to do so by telephoning the Democratic Services Team. 2. Any remaining items that the Committee agree can be determined without further debate. 3. Those applications where Members wish to discuss matters in detail. 4. OUTSTANDING PLANNING APPLICATIONS (Pages 1-2) To consider Outstanding Planning Applications as at 18 April 2012. 5. 90-92 GADE AVENUE (Pages 3-44) Application for the erection of two storey side and first floor extension to No. 90 and the erection of 3 no. detached houses with integral garages at No. 92 6. 420 ST ALBANS ROAD (Pages 45-64) Application to remove existing apex style workshop roof, to extend height of existing workshop to allow use of two hydraulic vehicle lifts and to add new flat roof to workshop.
7. 55 CHILCOTT ROAD (Pages 65-90) Application for the erection of a part single and part two storey side and rear extension and conversion of house into 4no flats.
OUTSTANDING PLANNING APPLICATIONS AS AT 18 April 2012 A total of 3 application reports are included on this agenda for decision, of which 1 will be within the Government's target dates for determination of applications. On 18.04.12 there were 0 applications over 8 weeks not yet determined but under consideration by the Development Management Section Head. Page 1 Agenda Item 4
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Agenda Item 5 PART A Report of: DEVELOPMENT MANAGEMENT SECTION HEAD Date of Committee 26 th April 2012 Site address: 90 and 92 Gade Avenue, Watford, Herts, WD18 7LJ Reference Number : 12/00107/FUL Description of Development: Erection of two storey side and first floor extension to No. 90 and erection of 3 no. detached houses with integral garages at No. 92 Applicant Stratford Developments date received: 2 nd February 2012 8wk date (minor): 29 th March 2012 Ward: Park SUMMARY Full planning permission is sought for the erection of a two storey side and first floor extension to No. 90 and the erection of 3 no. detached houses with integral garages at No. 92. Subject to appropriate conditions and controls, the development would provide three new dwellings without causing material harm to the amenities of neighbouring properties, the appearance or character of the surrounding area or the safety and free flow of traffic within the area. A very similar scheme has already been approved (application reference 10/00630/FUL) and this application proposes only small changes to agreed scheme. The extensions to No. 90 are also acceptable as they complement the rest of the scheme. Page 3
Subject to the completion of a s.106 planning obligation (which is expected before the date of the Committee) and to the imposition of appropriate conditions, the Development Management Section Head recommends that planning permission be granted as set out in the report. BACKGROUND Site and surroundings The proposed site comprises the existing properties and land known as 90 and 92 Gade Avenue. Both properties are accessed via a long driveway skirting the properties of 88 & 90 Gade Avenue; the access is in the ownership of No. 90 and there is an established right of way for No. 92. The site is elongated in shape, roughly triangular, and with a maximum width of approximately 44m, tapering to a width of 7m at the northern extreme of the site. The site is bound to the north and west by the marshland floodplain of the River Gade (designated a Local Nature Reserve and Wildlife Site and shown as such on the Proposals Map of the Watford District Plan 2000), with mature trees and shrubbery characterising this area. To the east lie the long rear gardens of 54-66 Gade Avenue, which have depths that measure between 73m and 85m. Again, mature trees line these common boundaries. The site is not located within a Flood Plain in accordance with the Flood Maps supplied by the Environment Agency. Within the site there are two lime trees (T1 & T2) of significant visual amenity that are protected by a Tree Preservation Order (TPO), and there is a third lime tree (T3) also protected by a TPO in the garden of 92 Gade Avenue. These trees are located on the eastern common boundary shared with 64 & 66 Gade Avenue. Mature trees are generally a feature of this plot, with vegetation lining the northern, eastern and western boundaries. Page 4
The site is accessed by a single width driveway leading from Gade Avenue to the existing properties. Traffic calming measures involving the installation of traffic lights have been introduced in Gade Avenue close to the application site. The surrounding area is predominantly residential with a range of detached and semi-detached houses with hipped and gabled roofs. The houses vary in size considerably, with an evident mix of large two storey detached houses, and smaller, more modern post war semi detached houses. None of the properties directly within the application site is Listed or Locally Listed. The area is not within a Controlled Parking Zone or a Conservation Area. Proposed development This proposal is for the demolition of the existing bungalow at 92 Gade Avenue, extensions to No. 90 and the construction of three chalet bungalows on the land known as No. 92. The changes to No. 90 involve the removal of the existing garage and conservatory and the erection of a side extension and loft conversion. The property at present is wholly single storey and this proposal will introduce living space into the roof. The resultant property will comprise three bedrooms and three bathrooms to the first floor with three reception rooms, a kitchen, utility room and WC to the ground floor. An integral garage and hardstanding space are provided for car parking. Two differing house types are proposed for the three new dwellings, referred to as House type A and House type B. House type A is the slightly larger of the two and there are to be two of this type located at the widest part of the site closest to Gade Avenue. House type B is proposed for the rear of the site, terminating the access point and creating a sense of enclosure. Page 5
House Type A Accommodation to the ground floor comprises a living room, dining room, kitchen, utility room and downstairs toilet. To the first floor, four bedrooms (two with an ensuite bathroom) and a family bathroom are proposed. There are two off street parking spaces to serve each of these houses with one of these spaces being an integral garage. House Type B This is the smaller of the two house types. Accommodation to the ground floor comprises a living room, dining room, kitchen, utility room and downstairs toilet. To the first floor, four bedrooms (one with an ensuite) and a family bathroom are proposed. Two off street parking spaces serve this dwelling, one of these being an integral garage. There is a slight variation in the design of the two differing house types, although this is only minor. Each property has the appearance of a chalet bungalow, with dormers to the front roof slope adding visual interest to the development. Each of the two house types is individually distinguished by means of detailed design variations and finishes. Type B Type A Type A No. 90 Gardens are sited to the rear and side of each property, with access leading from ground floor living rooms and additional side access points. The gardens meet the minimum required standard set out in the Watford Residential Design Guide, and are appropriate to their prevailing context. The houses have been sited so that garden areas are of a usable size and shape and are not affected by excessive levels of tree coverage. Page 6
The difference between the current application and previous applications on this site is that No. 90 and its access road have now been included within the application site. Site boundaries No.90 The plot size remains the same as existing. The side extension to be added extends directly to the boundary with No. 88 Gade Avenue. Within the application site, as a result of the removal of the garage, a distance of 4m separates the flank of the building with the boundary with the first of the new houses. Plot 1 (First House: House Type A) This house is sited 1.2m off the southern boundary of the site adjacent to No. 90 Gade Avenue. The house is set back from the building line of No. 90 by 2.2m. 1.5m separates this house from boundary with the adjacent proposed house in the development and the house is 16.5m from the western boundary adjoining the park. Plot 2 (Second House: House Type A) This house is 1.6m off the boundary with Plot 1 and 1.1m away from the boundary with Plot 3. The house is 12m from the western boundary adjoining the park. Plot 3 (House Type B) This house is sited a maximum of 6m and a minimum of 4m off the western boundary of the site with Cassiobury Park. There is a minimum of 4.8m from the eastern boundary with the houses on Gade Avenue and 3.8m between the plot boundary with Plot 2. Page 7
Property distances All properties have at least 3m between them, rising to a maximum 5.2m. Back to back distances of the new houses in relation to the houses in Gade Avenue are a minimum of 50m. Access and car parking The existing vehicular access point serving No. 90 Gade Avenue is to be retained to serve the three new dwellings and the existing house at No. 90. An appropriately sized turning area has been included in the scheme within the application site to accommodate refuse and delivery vehicles. Two off street car parking spaces are proposed for each of the three new dwellings. These take the form of hardstandings to the front or side of the properties or integral garages. Planning history 04/00259/FUL Withdrawn - 30.04.2004 Retention of existing bungalow and erection of 5 bedroom detached house with integral garage (AMENDED) 04/00568/FUL Refused - 29.07.2004 Erection of 5 bedroom detached house with integral garage 06/00122/PREAPP Pre Application Advice - 24.02.2006 Pre application enquiry - Loft extension to existing bungalow and erection of a new detached dwelling 06/01581/FUL Refused - 02.02.2007 Demolition of existing dwelling and erection of 2 No. Three bed chalet bungalows and 1 No. four bed chalet bungalow. This application was refused and subsequently dismissed on appeal Page 8
due to the effect of the proposal on the provision of usable amenity space for the rear gardens; most notably through the coverage of the canopy of the surrounding trees. This was addressed within later applications and is no longer an issue. 07/00708/FUL Withdrawn - 24.07.2007 Demolition of existing dwelling and erection of 2 No. three bed chalet bungalows and 1 No. four bed chalet bungalow. This application was withdrawn due to issues raised by the Highway Authority due to late consultation comments being returned. 08/00578/FUL Demolition of Existing Dwelling and Erection of Three Chalet Bungalows. This application was recommended for Approval by Planning Officers although the recommendation was overturned by Committee and the application was refused on the grounds of highway safety in Gade Avenue, the impact of the proposals on the character and appearance of the surrounding area and the Historic Park and also the impact on the living conditions of No.90 Gade Avenue. An appeal against this refusal was lodged and dealt with by way of a hearing. The appeal was dismissed on two grounds: firstly, that it was difficult for service vehicles to manoeuvre wholly within the application site without infringing on the access road and, secondly, that because the access road was not within the application site it was not possible to control informal parking on the access road or provide a more appropriate surface treatment that would minimise noise and disturbance to the adjacent property. 09/00292/FUL Demolition of Existing Bungalow and Erection of a New Dwelling Application Approved at Committee 10/00201/FUL - Demolition of Existing Bungalow and Erection of 3no. Chalet Bungalows Refused under delegated powers for failure to complete the Unilateral Undertaking. These were the only reasons for refusal. Page 9
10/00630/FUL - Demolition of Existing Bungalow and Erection of 3no. Chalet Bungalows including Landscaping, Hardstanding and new Wearing Course to existing Access Road. Approved at Committee. The issues raised by the Inspector on the earlier appeal were, or able to be, fully addressed through the re-siting of one of the houses to allow for greater turning space within the site, the submission of new information and the application of appropriate conditions. Relevant policies National Planning Policy Framework Section 6 Delivering a wide choice of high quality homes Section 7 Requiring good design East of England Plan 2008 No relevant policies Hertfordshire Structure Plan Review 1991-2011 No relevant policies. Hertfordshire Waste Local Plan No relevant policies. Hertfordshire Minerals Local Plan No relevant policies. Watford District Plan 2000 H2 Housing Need Structure Plan Requirements H5 Development on Previously Developed Land H7 Primarily Residential Areas H8 Residential Standards H9 Backland Development H11 Housing Mix Page 10
H12 SE29 SE33 SE36 SE37 L4 L5 L8 L9 U1 U2 U3 U6 T4 T10 T21 T22 T24 IMR2 Housing Density Standards Utilities Infrastructure Nature Conservation and Biodiversity Enhancement Replacement Trees and Hedgerows Protection of Trees, Woodlands and Hedgerows Open Space Protection Playing Fields Open Space Provision in Housing Development Childrens Playspace Quality of Design Design and Layout of Development Integration of Character Landscape Design Transport and New Development Cycle Parking Standards Access and Servicing Car Parking Standards Residential Development Planning Obligations Supplementary Planning Document Residential Design Guide, Volume 1 Building New Homes Watford Character of Area Study Supplementary Planning Guidance SPG 6 Internal Space Standards Local Development Framework Core Strategy SS1 Spatial strategy HS2 Housing mix T2 Location of new development Page 11
T3 Improving accessibility INF1 Infrastructure delivery and planning obligations UD1 Delivering high quality design CONSULTATIONS Neighbour consultations Letters were sent to 23 properties in Gade Avenue. Eight responses have been received citing the following objections: Inadequate car parking and manoeuvring space; Impact on trees; Proposed gardens appear small; Loss of wildlife/ecology; Development is not appropriate for the site; Loss of privacy to homes in Gade Avenue; Existing access road is inadequate; Site is within a flood plain; Road safety; Harm to pedestrians; Urbanising effect on existing rural setting; Excessive tree cover for garden areas; Revisions to PPS3 in terms of classification of garden land. The Committee will be advised of any additional representations received after the date this report was written. Consultations Hertfordshire Highways (Highway Authority) The proposal is to demolish the existing dwelling at No 92 and erect 3 new dwellings (1x4 bed & 2x5 bed) and erect extensions to No 90 at this site which is located at the end of a long drive (approximately 70m) from Gade Avenue. Page 12
Section 6 of the application form indicates the development does not involve a new access or alteration of an existing access to the highway. Section 5 indicates this application is a revision of house types of previously approved scheme 07/0708/FUL but I understand this application was withdrawn and not approved. I am however aware a previous application 10/0630/FUL to demolish the existing dwelling at No 92 and erect 3 new dwellings has been approved. Application 10/0630/FUL was a resubmission of 10/0201/FUL which was itself a resubmission of previous application 08/0578/FUL dismissed at appeal. Although dismissed the Inspector considered that the use of the access track to serve 4 dwellings would be unlikely to result in material harm to highway safety on Gade Avenue but there was concern about the ability of service vehicles to be able to enter and egress the site in forward gear. For 10/0630/FUL the appellant submitted a vehicle tracking diagram for a refuse lorry indicating these vehicles could turn within the site. Although plan 11/06-PL01 submitted with the current application 12/0107/FUL shows a turning area it does not show any tracking diagram and the applicant has also not provided details to clearly demonstrate how this area will be kept clear of parked vehicles. I am however aware your Council are the parking authority therefore it is for you to decide whether there is sufficient off street parking and manoeuvring space for the existing and proposed dwellings. As the Inspector concluded the use of the access track to serve 4 dwellings would be unlikely to result in material harm to highway safety on Gade Avenue and the only concern is parking and turning facilities within the site I do not consider I could substantiate a highway reason to refuse this application. The proposal will result in additional 2x5-bed dwellings on this site therefore this development would attract a highway contribution of 3000. Under these circumstances I have no objection to this proposal and recommend permission is granted subject to the completion of an Agreement to secure a financial contribution of 3000 towards but not limited to Sustainable transport measures Page 13
identified in the South West Hertfordshire Transport Plan and subsequent transport plans. Arboricultural Officer Whilst there is some further incursion into the root protection zones of the preserved limes T 1 and T2 of TPO 203 and a non preserved ash, this still does not exceed the allowable limit of up to 20% by area of the total root protection zones for the trees. This does mean however that ground protection measures will need to be in place in addition to protective fencing, details of which should be submitted and approved. I would also wish to see and approve details of the routing of all below ground services especially any to the rear of the properties, including any soakaways to ensure they are not located in positions likely to cause harm to the tree roots. Herts and Middx Wildlife Trust The report of Jones and Son Environmental Ecologists as previously submitted is supported by the Wildlife Trust as is the imposition of appropriate conditions specific to particular species. Some concern was raised over the infringement of one of the dwellings into the RPZ of a large Ash tree although the Arboricultural Officer considers this to be acceptable. Suggested conditions by the Wildlife Trust will be incorporated into the decision. APPRAISAL In accordance with s.38 of the Planning and Compulsory Purchase Act 2004, the Development Plan for Watford comprises: (a) the saved policies of the Hertfordshire Structure Plan 1991-2011; (b) the saved policies of the Watford District Plan 2000; (c) the saved policies of the Hertfordshire Waste Local Plan 1995-2005; and (d) the Hertfordshire Minerals Local Plan Review 2002-2016. Page 14
The East of England Plan sets the strategic planning context for decision making in the East of England region. The Structure Plan was adopted in April 1998 and provided strategic level policies for the county, but virtually all of these policies have now been superseded by the East of England Plan. The District Plan was adopted in December 2003 and provides local level policies. The East of England Plan and the Watford District Plan 2000 provide the most up to date development plan policies which, together with any relevant policies from the Waste Local Plan and the Minerals Local Plan, must be afforded considerable weight in decision making on planning applications. On 6 th July 2010 the Secretary of State for Communities and Local Government purported to revoke the East of England Plan 2008, which provides regional level polices. However, this decision was quashed by the High Court on 10 November 2010. Consequently, the East of England Plan 2008 remains part of the Development Plan. Although powers to revoke regional strategies are included in the Localism Act 2011, these powers have not yet been brought into force. Consequently, the East of England Plan remains part of the Development Plan. The National Planning Policy Framework (NPPF) sets out the Government s planning policies for England and seeks to make the planning system less complex and more accessible, to protect the environment and to promote sustainable growth. The NPPF was published on 27 th March 2012 and is a material consideration in planning decisions. It does not change the statutory status of the development plan as the starting point for decision making. Planning Policy Guidance Notes and Statements have been cancelled and replaced by the NPPF. The Residential Design Guide (RDG) was approved by the Council s Cabinet as a Supplementary Planning Document on 17 November 2008 and is a material consideration of significant weight in the determination of planning applications. Page 15
The Watford Character of Area Study was approved by the Council s Cabinet as a Supplementary Planning Document on 5 th December 2011 and is a material consideration of significant weight in the determination of planning applications. The Local Development Framework Core Strategy was submitted to the Secretary of State for Communities and Local Government on 28 February 2012 and is a material consideration to which appropriate weight should be given in the determination of planning applications. The amount of weight that is appropriate will depend on the degree of consistency of the relevant policies in the Core Strategy to the policies of the NPPF and the extent to which there are unresolved objections to relevant policies. Principle of proposed development The application site is within a Primarily Residential Area where residential use is considered acceptable under Policy H5 of the Watford District Plan 2000 subject to high quality design. Policies H5 and H7 indicate that within primarily residential areas proposals for residential purposes will be acceptable provided they accord with a number of criteria. The application proposal accords with these criteria in that the proposed development will not result in: An overall loss of residential accommodation; A significant over supply of housing in the plan period; A detrimental loss of open space; Loss of a community facility or off street car parking; or Harm to nearby living conditions Siting, design and layout The demolition of No. 92, the proposed three new dwellings to the rear of the site and the extension of No. 90 would be an acceptable and appropriate form of development for the application site which would comply with the policies set out in the Watford District Plan 2000. The proposal is an effective, thoughtful and well laid out scheme which is sympathetic to the existing and original built form of Page 16
Gade Avenue, as well as demonstrating the ability to respond to its context as a semi-rural site, adjacent to the Green Belt and the Local Nature Reserve. As a result of this, a successful and attractive design has been established which provides a housing scheme of good quality design and layout. The issues highlighted by the Planning Inspectorate were previously resolved within 10/00630/FUL which was approved at Committee in August 2010. Most properties in Gade Avenue have the appearance of a traditional, post-war semi-detached house, with a hipped or gable end roof and front bay windows. Closer to the application site, the appearance of properties is more variable, with a number of detached dwellings between Nos. 82 and 88 with differing design themes. Many houses have now been extended and these changes have affected the character of the street, although the detached houses tend to retain more original features. The aim of the proposal is to create a development that does not appear as simply a traditional infill development but instead has the look and feel of a small close that creates more visual interest and evokes a sense of intimacy in the environment. The irregular siting of the houses, eschewing a consistent building line, has resulted in a more organic feel to the development, and the end house (type B) has been positioned so that it creates a sense of enclosure to the development. To reflect the site s location within a woodland area, the house sizes become marginally smaller as one moves to the end of the site such that the order and proportions reflect the distance away from the highway. Although the new houses are sited away from the immediate street scene and are considerably hidden by the surrounding vegetation, the proposed designs are attractive and well proportioned proposals that are primarily influenced by their concealed location. Their scale as chalet bungalows rather than two storey dwellings is clearly appropriate to their location, demonstrating a responsive, rather than isolated, form of development for the site. The development proposes Page 17
nothing radical or contemporary, and the result is an effective and traditional form of development that will integrate well into the existing built form, in terms of design, siting and layout of the scheme. As mentioned previously, the general design of the houses is consistent across all three properties, with only minor variations in detail. Overall, dormer windows are well proportioned and suitably sited and aligned with other fenestration detailing, the balance of roof mass to brickwork reflects the style of the house and the prominent chimney features add further interest and character. The amendment made to Planning Policy Statement 3: Housing to the effect that private residential gardens are now specifically excluded from the definition of previously-developed land no longer applies following the revocation of the Planning Policy Statements. However, paragraph 53 of the NPPF states that local planning authorities should consider the case for setting out policies to resist inappropriate development of residential gardens; currently, the relevant policy is Watford District Plan 2000 Policy H9, which provides for the grant of planning permission for back garden development where there is a proper means of access and where the development complies with other policy criteria. The development proposed in the current application meets both of these tests. Nevertheless, regardless of this policy background, significant, and greater, weight must be given to the previous grant of planning permission for the development of the site of No. 92, which is still capable of implementation. The extensions to No. 90 are also acceptable as they complement the rest of the scheme. Although the side extension does extend directly to the side boundary and does not maintain a 1m inset as advised by the RDG, this is an acceptable form of development in this particular case because no harm would arise, since there is no adjacent property in respect of which terracing could occur. Page 18
Amenity space The RDG Volume 1 advises that development proposals should provide at least fifty square metres of amenity space per dwelling. Each plot provides in excess of this minimum requirement within the rear gardens and this is further supplemented by space to the front of the properties which, whilst not private, is classed as usable space. The level of grass and landscaping to the front of the properties will help soften their appearance and acts as a transition between the rural nature of the adjacent park and the more urban form of this part of the Park ward. The garden lengths for all properties with the exception of Plot 3 meet the minimum required standard of 10m as set out within the RDG to ensure no loss of privacy to neighbouring houses. Moreover, the properties which back onto the site in Gade Avenue have very long rear gardens, enabling the 27m back to back distance to easily be achieved. Although Plot 3 falls short of the minimum requirement, the depths of the gardens within Gade Avenue to the rear mitigate this as they are up to 55m deep and this shortfall would not result in any harm from overlooking. Cycle stores have not yet been shown, although there is clearly sufficient space for these; further details regarding appearance and siting of such stores can be secured by way of a planning condition. Bin stores are allocated to each individual property, although further detail of their design and siting would need to be secured via planning condition. Access and car parking The existing access point serving No. 92 and the adjacent house at No. 90 is to be retained to serve the new properties. Page 19
The level of off street parking provided for each dwelling falls within the maximum provision of the Watford District Plan 2000 in terms of the size of the properties and the location of the development. The layout also indicates the provision of turning space within the site, ensuring that service, delivery and other vehicles can enter and leave the site in forward gear. Application reference 08/00578/FUL was refused at Development Control Committee on highway grounds due to the intensification of use of the existing access, the width and alignment of the access road, the slowing and turning of vehicles turning into the site from Gade Avenue and a lack of turning space within the site. This followed a recommendation for refusal from Hertfordshire County Council as Highway Authority. However, on appeal, the Inspector, as part of her detailed assessment of the issues, commented that I consider that the use of the access track to serve four dwellings would be unlikely to result in material harm to highway safety on Gade Avenue. This followed further comments that the track was wide enough to allow a car to pass a pedestrian and there would be clear views down the track for drivers of vehicles entering or leaving the appeal site to see other vehicles on it. The Highway Authority has been consulted on this current application and cannot substantiate any reason for refusal based on the Inspector s earlier comments. The principle of the use of the access to serve the proposed number of houses is therefore acceptable. However, in deciding to dismiss the appeal in respect of application 08/00847/FUL, the Inspector expressed a concern about three highway-related issues: 1. refuse trucks could not turn wholly within the application site; 2. ad hoc parking on the access road could not be controlled; 3. the level of noise generated by vehicles using the access road. Page 20
Turning of refuse and service vehicles The Inspector stated that she was concerned that refuse vehicles would not be able to turn wholly within the application site. In response to this, the second house for the last application was re-sited 1.8m further to the north of the site to allow for a larger turning area within the site. On the appeal scheme the Inspector was concerned that the final element of the turn utilises the area of land opposite the garage to No.90 and that a refuse lorry would not be able to turn around within the appeal site. For the current planning application, vehicles can enter and exit in forward gear, turn within the site and this will not be prejudicial to highway safety. This aspect of the Inspector s concerns has therefore been addressed by the current proposals. Ad hoc parking on the access road The second issue concerned the control of ad hoc parking on the access road. The Inspector noted that, at the time of the site visit, on-street car parking within Gade Avenue was very limited. Due to the restrictions that are in place for parking within this part of Gade Avenue, she commented that I am satisfied that any unauthorised parking within Gade Avenue could be resolved through the enforcement of existing on street parking controls. She also noted that parking within the application site itself could be controlled through conditions that restricted informal parking in order that service vehicles could continue to turn within the site and exit in forward gear. What was of concern to the Inspector was that as the access track is not within the appeal site or land within the ownership of the appellant ad hoc parking or waiting on the access track could not therefore be addressed by the imposition of conditions. As the access road now falls within the application site, a condition can be attached to ensure that no ad hoc parking takes place on the access road. Page 21
Noise generated by vehicles using the access road The final concern raised by the Inspector was that of vehicle noise and the impact upon the living conditions of No. 90. The Inspector had no issue over the principle of three houses in this location, their size and the proximity of their gardens to existing houses in the area or even additional vehicles using this access road which passes adjacent to No. 90. It is evident that her concern lay with the uneven surface which results in vehicles on occasions having to rev their engines to negotiate bumps within the track. Although the Inspector acknowledged that the proposed development would increase traffic volumes on the access, it was not the volume of traffic that she was concerned about. What she was worried about was that the increased volume would cause noise and disturbance because of the current form of the access track. Further, the Inspector went on to say that subject to the access track being upgraded to remove unevenness and improve its surfacing, I consider that the increase in traffic volume would not result in a material increase in vehicular noise and disturbance along the access track. This issue was dealt with under the previous approval through the use of a Grampian condition. For this application, the access road again falls within the application site and the Council can therefore deal with the question of the use of an appropriate surfacing material by means of a condition. Impact on street scene The application site is some 70m from Gade Avenue and as a result little, if any, of the development will be visible from the street. Nevertheless, regard has still been paid to the design and layout of the development and this is clearly demonstrated in the proposals. The houses have been designed specifically so that the ordering of the properties in terms of their size is reduced somewhat as one progresses through the site away from the road. This ensures that the development integrates well with both the existing urban fabric and the site s semi-rural surroundings. The alterations to No. 90 will help to update its external appearance and this will complement the three new dwellings. Page 22
The location of the site access is unchanged and as a result the development will not have a direct impact on the street scene in Gade Avenue. Once inside the curtilage of the site, the development provides its own street scene which is attractively designed, well spaced and, through the imposition of appropriate conditions and generous grassed areas to the front, will be well landscaped. The footprints of the dwellings are appropriate, as are the massing and proportions of the design. The requirement of high quality design as set out in the design policies of the Watford District Plan 2000 has been met, and overall the development integrates well with its context. The Inspector felt that the application would not have any significant impact on the appearance of Cassiobury Park and would not impact upon its setting. Further, she commented that the scale and form of the proposals respond well to its woodland setting and the mature trees and vegetation surrounding the site will provide only glimpsed views of the site from the park whilst also acting as a transition between the proposed development, existing development within Gade Avenue and the treed area of Cassiobury Park to the west. Impact on neighbouring properties The proposal will not result in harm to any of the neighbouring properties around the site. The development meets, and significantly exceeds, the back to back distance referred to in RDG1 in relation to the houses in Gade Avenue, thus ensuring that there will be no adverse impacts on, or issues of overlooking to, any of these properties. Moreover, the proposal will not have any significant impact on the outlook of these properties. The additions to No. 90 do not increase the overall height of the building and all new windows face the rear garden area, ensuring that there will be no loss of privacy so far as neighbouring houses are concerned. Page 23
Trees Although there are trees covered by a TPO within the application site, the Arboricultural Officer is satisfied that suitable conditions can be imposed to ensure that these trees will not be harmed either during the construction of the development or subsequently. There are other protected trees in the adjacent Cassiobury Park and a condition can be imposed to ensure that none of the protected trees (either on or off the site) is adversely affect by the routing of underground services. S.106 contributions The development proposed in this application is one where, in accordance with Policy IMR2 of the Watford District Plan 2000, the Council will normally require the applicant to enter into a planning obligation to provide contributions towards the provision or improvement of community facilities and infrastructure. Under Regulation 122 of the Community Infrastructure Levy Regulations 2010, where a decision is made which results in planning permission being granted for development, a planning obligation may only constitute a reason for granting planning permission for that development if the obligation is: necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development. Policies IMR2, L8, L9, T1, T2, T7, T9, T11 and H10 of the Watford District Plan 2000, together with SPG 10: Open Space Provision recognise that cumulative small developments within the urban area of Watford can produce significant additional demands for services and facilities in the same way that a smaller number of larger developments would. However, unlike larger developments which can often accommodate some provision of these services and facilities Page 24
within the site, smaller developments are clearly unable to do so and it would be unreasonable to expect them to. It is therefore reasonable to expect the applicant in such cases to make a financial contribution towards improved services and facilities within the Borough. Most new residential developments within Watford comprise fewer than 50 dwellings. The Council seeks financial contributions on a per unit basis from all new residential developments. This is considered to be a reasonable approach as it ensures that all such developments make contributions on an equal basis, with actual payments determined by the number and, in some cases, the size of the units proposed. This approach therefore does not disadvantage applicants proposing larger developments within the Borough, but rather ensures that all applicants make payments in proportion to the additional demand on services and facilities that their development will generate. The Council s approach to seeking financial contributions by means of a planning obligation is also in accordance with the advice set out in paragraphs 203-205 of the National Planning Policy Framework, which refer to the same tests as set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010. The contributions in the case of the development proposed in this application are set out in the Recommendations below. As these contributions have been calculated in accordance with the Hertfordshire County Council s Planning Obligations Toolkit (adopted January 2008) and the relevant policies of the Watford District Plan 2000, they are directly related to the proposed development, are fairly and reasonably related in scale and kind to that development and are necessary to make the development acceptable in relation to those policies. Accordingly, the requirement for such contributions meets the tests in Regulation 122 of the Community Infrastructure Regulations 2010, and, consequently, the planning obligation can be taken into account as a material planning consideration in the determination of the application. Page 25
A Unilateral Undertaking is expected to be completed by the date of the Committee. Open space provision 2472 Children s play space 1970 Community facilities Education - 17,206 Childcare - 398 Youth - 164 Library - 482 Health care - 1100 Sustainable transport 3000 Provision of fire hydrants If required by the Water Scheme Comments on the representations received Objections Inadequate car parking and manoeuvring space for private vehicles and service vehicles Officer s response The level of car parking provided for each dwelling complies with Policy T22. Manoeuvring and turning space for service vehicles has been incorporated within the application site. Page 26
Infringement of TPO Root Protection Zone Bulk of new buildings and impact on outlook Proposed gardens appear small Loss of wildlife and ecology The proposal does involve some infringement of the RPZ. However the Arboricultural Officer advises that the proposals fall within the acceptable limits for encroachment into a RPZ. The Arboricultural Officer is also satisfied that suitable conditions can be imposed to ensure that the protected trees will not be harmed either during the construction of the development or subsequently. The previous appeal has established the acceptability of the construction of three houses on this site. There will be no restriction on the outlook from neighbouring properties and the chalet style of the buildings limits their overall height. The bulk of the buildings was also considered acceptable by the appeal Inspector. All three gardens easily exceed the minimum requirement of 50 sq m as set out in the RDG. An Ecology Report has been submitted with the application as with previous proposals when it was considered by the Herts and Middlesex Wildlife Trust to be acceptable, subject to the imposition of appropriate conditions. Similar conditions are suggested in this case. Page 27
Development is not appropriate for the site The previous appeal and approval has established the acceptability of the construction of three houses on this site, subject to the resolution of the issues identified by the Inspector. The current application addresses all of those issues. Loss of privacy to houses in Gade Avenue Houses in Gade Avenue are over 50m away from the site. Back to back distances of 27m are not only met but are considerably exceeded, and the majority of the gardens have a minimum depth of 10m. Existing access road is inadequate Apart from its surface, the appeal Inspector considered that the access track was acceptable to serve the three new houses. A condition can be imposed to ensure that the surface of the access track is upgraded. Site is within a flood plain The site is not located within a Flood Plain in accordance with the Flood Maps supplied by the Environment Agency. Excessive tree cover for garden areas Trees do not cover all the garden areas and the amount of usable amenity space not covered by tree canopies is acceptable. Page 28
Revisions to PPS3 There was no presumption in PPS3 against residential development on private residential gardens, nor did the previous amendment change the definition of previously-developed land to create such a presumption. In any event, PPS 3: Housing has now been revoked and replaced by the NPPF. Paragraph 53 of the NPPF states that local planning authorities should consider the case for setting out policies to resist inappropriate development of residential gardens; currently, the relevant policy is Watford District Plan 2000 Policy H9, which provides for the grant of planning permission for back garden development where there is a proper means of access and where the development complies with other policy criteria. The development proposed in the current application meets both of these tests. Conclusion Subject to appropriate conditions and controls, the development now proposed would provide three new dwellings without causing material harm to the amenities of neighbouring properties, the appearance or character of the surrounding area or the safety and free flow of traffic within the area. A very similar scheme has already been approved (application reference 10/00630/FUL) and this application proposes only small changes to agreed scheme. The Page 29
extensions to No. 90 are also acceptable as they complement the rest of the scheme. The application is therefore recommended for approval, subject to conditions and the completion of a s.106 planning obligation. HUMAN RIGHTS IMPLICATIONS The Local Planning Authority is justified in interfering with the applicant s Human Rights in order to alleviate any adverse effect on adjoining properties and their occupiers and on general public amenity. With regard to any infringement of third party Human Rights, these are not considered to be of such a nature and degree as to override the Human Rights of the applicant and therefore warrant refusal of planning permission. RECOMMENDATIONS (A) That planning permission be granted subject to the completion of a planning obligation under s.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 financial payments to the County Council of: a) The sum of 482 (four hundred and eighty two pounds) towards provision or improvement of library facilities in the Borough of Watford in accordance with Policy H10 of the Watford District Plan 2000 such sum to be index linked by Page 30
reference to PUBSEC from a base figure of 175 to the figure applicable to the quarter in which the contribution is paid; (b) The sum of 17206 (seventeen thousand two hundred and six pounds) towards provision or improvement of education facilities in the Borough of Watford in accordance with Policy H10 of the Watford District Plan 2000 such sum to be index linked by reference to PUBSEC from a base figure of 175 to the figure applicable to the quarter in which the contribution is paid; (c) The sum of 398 (three hundred and ninety eight pounds) towards provision or improvement of childcare facilities in the Borough of Watford in accordance with Policy H10 of the Watford District Plan 2000 such sum to be index linked by reference to PUBSEC from a base figure of 175 to the figure applicable to the quarter in which the contribution is paid; (d) The sum of 164 (one hundred and sixty four pounds) towards provision or improvement of youth facilities in the Borough of Watford in accordance with Policy H10 of the Watford District Plan 2000 such sum to be index linked by reference to PUBSEC from a base figure of 175 to the figure applicable to the quarter in which the contribution is paid; (e) The sum of 3000 (three thousand pounds) towards the implementation of the South West Hertfordshire Transport Strategy and sustainable transport measures in the Borough of Watford in accordance with Policies T1 T4 T7 and T9 of the Watford District Plan 2000 such sum to be index linked by reference to SPONS to the date of payment; Page 31
ii) To secure payments to the Council of: (a) The sum of 2472 (two thousand four hundred and seventy two pounds) as a contribution toward the provision or improvement of open space in the Borough of Watford in accordance with Policy L8 of the Watford District Plan 2000 such sum to be indexed linked to the Retail Price Index from the date hereof to the date of payment; (b) The sum of 1970 (one thousand nine hundred and seventy pounds) as a contribution toward the provision or improvement of children s play space in the Borough of Watford in accordance with Policy L9 of the Watford District Plan 2000 such sum to be indexed linked to the Retail Price Index from the date hereof to the date of payment; (c) The sum of 1100 (one thousand one hundred pounds) as a contribution toward the provision or improvement of health care facilities in the Borough of Watford in accordance with Policy H10 of the Watford District Plan 2000 such sum to be indexed linked to the Retail Price Index from the date hereof to the date of payment; 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 51 of the Planning and Compulsory Purchase Act 2004 Page 32