Date of Meeting: 10 November 2016 APPLICATION NO: …€¦ · Date of Meeting: 10 November 2016...

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Date of Meeting: 10 November 2016 APPLICATION NO: 16/1467/FUL DATE OF APPLICATION: 26 July 2016 STATUTORY START DATE: 2 August 2016 SITE LOCATION 20 Christchurch Crescent, Radlett, Hertfordshire, WD7 8AH DEVELOPMENT Part retrospective application for the demolition of existing dwelling and erection of 2 x 4 bed detached dwellings with integral garages and habitable loft accommodation. AGENT APPLICANT Miss Shelley Woods Relic Studio, Battlers Green Farm Common Lane Radlett WD7 8PH Mr G Smythe C/O Agent WARD: Aldenham East GREEN BELT: No CONSERVATION AREA: No LISTED BUILDING: No TREE PRESERVATION ORDER: Yes 1.0 Summary of Recommendation 1.1 Grant permission subject to conditions. 2.0 Background and Proposal 2.1 This application was considered by the Committee at its meeting last month. It was resolved to defer the determination of the application as the Committee sought further clarification on the characteristics of the proposal under consideration in relation to the 2 previous proposals, concerning their height and bulk. 2.2 The 2 relevant applications are: 15/0636/FUL - for the demolition of existing house and construction of 2 x 5 bed detached dwellings with accommodation within the roof space and at basement level. The Committee resolved to decline this because of its siting, height and scale which would result in a visually dominant form of development. A subsequent appeal was dismissed. 2.3 The latter scheme which was approved under Ref: 15/1894/FUL was for the demolition of existing house and construction of two new detached dwellings.

Transcript of Date of Meeting: 10 November 2016 APPLICATION NO: …€¦ · Date of Meeting: 10 November 2016...

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Date of Meeting: 10 November 2016 APPLICATION NO: 16/1467/FUL DATE OF APPLICATION: 26 July 2016 STATUTORY START DATE: 2 August 2016 SITE LOCATION 20 Christchurch Crescent, Radlett, Hertfordshire, WD7 8AH DEVELOPMENT Part retrospective application for the demolition of existing dwelling and erection of 2 x 4 bed detached dwellings with integral garages and habitable loft accommodation. AGENT APPLICANT Miss Shelley Woods Relic Studio, Battlers Green Farm Common Lane Radlett WD7 8PH

Mr G Smythe C/O Agent

WARD: Aldenham East

GREEN BELT: No

CONSERVATION AREA: No LISTED BUILDING: No

TREE PRESERVATION ORDER: Yes

1.0 Summary of Recommendation

1.1 Grant permission subject to conditions. 2.0 Background and Proposal 2.1 This application was considered by the Committee at its meeting last month.

It was resolved to defer the determination of the application as the Committee sought further clarification on the characteristics of the proposal under consideration in relation to the 2 previous proposals, concerning their height and bulk.

2.2 The 2 relevant applications are: 15/0636/FUL - for the demolition of existing

house and construction of 2 x 5 bed detached dwellings with accommodation within the roof space and at basement level. The Committee resolved to decline this because of its siting, height and scale which would result in a visually dominant form of development. A subsequent appeal was dismissed.

2.3 The latter scheme which was approved under Ref: 15/1894/FUL was for the

demolition of existing house and construction of two new detached dwellings.

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This scheme includes accommodation in a basement, but no accommodation in the roof space.

2.4 The proposal under consideration includes accommodation in the roof space

to compensate for the deletion of the basement accommodation. It should be noted that the current scheme has the same siting, height and scale as the approved scheme (Ref: 15/1894/FUL).

2.5 In dismissing the appeal for the former proposal (Ref: 15/0636/FUL), the

Inspector drew the following conclusion:

“The proposed development would cause harm to the character and appearance of the surrounding area distinctly greater than what would be caused from the implementation of the approved scheme. This is due to its greater height, depth and width which would result in a larger, bulkier and overly dominant development. The approved scheme would be noticeable smaller than the proposed development and the overall effect on the character and appearance of the area would be less”.

2.6 An objection has been raised by Aldenham Parish Council on the grounds

that application 15/1894/FUL was only approved on the condition that the roof spaces of Plots 1 and Plot 2 were not be used for living accommodation because of the additional off-street parking requirement that would arise. However, the minutes of the Planning Committee meeting reveal that this is not exactly the case. It was considered that a condition preventing the use of the roof space for living accommodation was not appropriate as it would be difficult to enforce.

2.7 In response to members’ request for additional information regarding the

relative heights of the demolished dwelling, the appeal scheme, the approved scheme and the refused scheme, the following table provides a comparative analysis which shows the relative heights of the 3 proposals and the previous building on the site prior to demolition. A graphic / visual analysis is provided in the presentation slides.

Comparative Ridge Heights

Appeal scheme

15/0636/FUL Approved scheme 15/1894/FUL

Current scheme 16/1467/FUL

Demolished dwelling

Plot 1 8.9m 7.2m 7.2m 9.9m

Plot 2 8.5m 7.2m 7.2m

2.8 It is clear from the foregoing that the consented scheme and the proposal

under consideration have the same height and are approximately 1.7 metres lower than the appeal scheme.

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3.0 Application Site / Surroundings 3.1 The application site is located on the north side of Christchurch Crescent,

Radlett, opposite Church Close. Works in respect of the consented scheme are ongoing.

3.2 The surrounding area comprises moderate to large detached dwellings set on

spacious plots with large front and rear gardens. The topography slopes gently down towards the north east. Plot sizes in the area vary, with some properties spanning from Christchurch Crescent to Aldenham Avenue to the north. The building line in the street is fairly regimented, with some variation adjacent to the application site, due to the curve in the road. Most properties in the area are traditional two storey dwellings of varying designs and styles. The neighbouring property at 18a is the exception to this and comprises a single storey asymmetric property of an Art Deco design.

Key Characteristics Site Area 0.98 hectares

Density 2 dwellings per hectares Mix 2 x 4 bedroom dwelling houses Dimensions See plans Numbers of Car Parking Spaces

Plot 1 - 8 spaces, Plot 2 - 7 spaces

Any other relevant statistical information as appropriate None. 4.0 Relevant Planning History: Reference number Description Outcome and date

15/0071/APP Appeal: Demolition of existing house and construction of 2 x 5 bed detached dwellings with accommodation within the roof space and at basement level. (Revised Application).(Amended plans received 28/7/2015)

Appeal Dismissed 20 April 2016

14/1195/FUL Demolition of existing dwelling and erection of 2 x 6 bed, 2 storey, detached dwellings with habitable loft accommodation to include front dormer windows and roof lights to both sides and rear elevations.

Application Withdrawn 23 October 2014

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14/1680/FUL Demolition of existing dwelling and erection of 2 x 6 bedroom dwellings with basements and loft accommodation. (Revised Application) (Amended Plans received 16/12/14).

Refuse Permission 23 February 2015

15/0277/FUL Demolition of existing dwelling and erection of 2 x 6 bedroom dwellings with basements and loft accommodation. (Revised Application)

Application Withdrawn 15 April 2015

15/0636/FUL Demolition of existing house and construction of 2 x 5 bed detached dwellings with accommodation within the roof space and at basement level. (Revised Application).(Amended plans received 28/7/2015)

Refuse Permission 17 September 2015

15/0723/FUL Demolition of existing dwelling and erection of 2 pairs of 2 storey, semi- detached dwellings (Amended plans received 30.10.15).

Application Withdrawn 20 January 2016

15/1894/FUL Demolition of existing house and construction of two new detached dwellings. 2 x 4 bedroom dwellings

Grant Permission 20 January 2016

16/0067/FUL Demolition of existing dwelling and construction of 1 x 4 bed detached house with integral garage and basement level accommodation (Plot 1) and 1 x 5 bed detached house with integral garage and accommodation within the roof space (Plot 2).

Application Withdrawn 16 March 2016

16/0152/DOC Application for approval of details reserved by conditions 2, 3, 4, 5, 8 and 9 of planning permission

Condition Discharged 18 April 2016

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reference 15/1894/FUL.

16/0298/FUL Demolition of existing dwelling at 20 Christchurch Crescent and erection of 2 storey, detached, 4 bedroom dwelling with basement level and integral garage in Plot 1.

Grant Permission 13 May 2016

16/1033/MA Application for a non-material amendment following the grant of planning permission reference 15/1894/FUL

Refuse Permission 20 July 2016

16/1369/FUL Amendment to planning permission reference 15/1894/FUL comprising the re-design of dwelling on plot 1 and the inclusion of a detached garage.

TP/81/4339 ERECTION OF DETACHED FOUR CAR GARAGE

Approval 26 March 1981

5.0 Notifications In Support Against Comments Neighbours

Notified Contributors Received

1 28 2 46 30 Summary of reasons for objection:

Overdevelopment due to houses being too big and gardens too small

Insufficient spacing

Overbearing

Too many windows in the roof

Out of character with the street scene due to height, windows, crown roofs and gable features

Parking provision is unrealistic

Hugh blank wall facing the existing No.20a due to extension of garage

Side elevations are ugly and featureless

Overlooking Summary of observations in support:

Accommodation that would have been created in a basement which could cause structural disturbance to adjacent properties is now proposed to be within the roof space

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The ground levels have been lowered

The car parking requirement will prevent cars parking on the street Notices Site Notice (Generic) Expiry Date: 30 August 2016 No Press Notice Required. 6.0 Consultations

Tree Officer Consulted: 9 August 2016

Raise no objection. The approval can be conditioned to include the recommendations of the report with regards to tree protection and site supervision.

Drainage Services Consulted: 9 August 2016

Raise no objection. No comments.

Waste Management Services Consulted: 9 August 2016

Raise no objection. Existing bins and boxes should be kept safe for the duration of any works. Following completion collections will resume from current collection points on property boundary with the highway.

Highways HCC Consulted: 9 August 2016

Raise no objection. Section 6 of the planning application form indicates that there will be a new or altered highway access. The submitted site layout plan (Drg 16.143.P10.100) shows a new access to one of the houses, thereby providing individual accesses to both houses. The applicant will therefore be required to apply to Highways to arrange for the construction of the crossover and all associated highway works. The crossover will have a maximum of 4 No. dropped kerbs (the maximum for a single dwelling) with a ramp at each end. The visibility from the proposed access has good visibility in both directions. There is sufficient space to enable parking and turning within the site. Entrance gates have not been proposed with this application. Refuse collection will be as existing. The LPA should note that section 10 of the submitted planning application form indicates that on-site parking will be increased by 9 No. parking spaces across both dwellings. The site layout plan confirms this increase showing 7 No. parking cars on plot 1 and 6 on plot 2. (There are in fact 8 parking spaces for plot 1 and 7 spaces for plot 2). The Highway Officer does not consider that the

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proposed development is likely to result in a significant impact on the safety and operation of the adjacent highway and therefore, has no objection to the grant of planning permission subject to conditions relating to submission of details for a construction method statement and on surface water run-off (See ‘Conditions / Reasons’).

Hertfordshire Fire & Rescue Service Consulted: 9 August 2016

Raise no objection. The access for fire appliances and provision of water supplies appears to be adequate.

Thames Water Development Planning Consulted: 9 August 2016

Raise no objection. Standard informative advised (See ‘Informatives’).

Hertfordshire Ecology Consulted: 9 August 2016

Raise no objection. Two informatives advised relating to bats and birds (See ‘Informatives’).

Planning Obligations Officer Consulted: 9 August 2016

Raise no objection. Herts Property Services do not have any comments to make in relation to financial contributions required by the Toolkit, as this development is situated within Hertsmere’s CIL Area B and does not fall within an of the CIL Reg123 exclusions.

Radlett Society & Green Belt Association Consulted: 9 August 2016

Raise objection. The Radlett Society and Green Belt Association has the following concerns about this application:- 1) We note that this applicant presents yet another variant of previous applications involving two very large dwellings that each appear to demand an inordinate amount of off-street parking, despite each dwelling having only four bedrooms. 2) We would be concerned that the dwellings will have considerable bulk, evidenced by the use of loft space under large areas of crown roof. Noting that the separation of the dwellings is less than the required minimum of 4 metres, the large 16 metre dwelling depth would add to the feeling of cramped type of development. Furthermore, the 14 metre rear amenity space seems inadequate, by comparison, and residents in nearby Aldenham Avenue could rightfully claim that the amenity of their rear gardens is materially affected. 3) The neo-classical pastiche designs would not endear themselves to the street scene in Christchurch Crescent, close to Radlett South Conservation Area. In view of this, we would

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prefer to see dwellings which at least integrated themselves with the Design Principles in SADM31. For the above fundamental reasons, the Society would not support this application.

Aldenham Parish Council Consulted: 9 August 2016

Raise objection. Plot 1 The planning application number 16/0298/FUL which was granted had approved a design with a basement and no rooms in the loft which allowed the house to be set lower in the ground and with no overlooking of the neighbours from the second floor. This new application reverses that by removing the basement and having habitable rooms in the loft. The previous Committee decision to grant permission was given on the basis that there would be no rooms in the roof. Plot 2 The same reasons to object apply to Plot 2. The planning application number 16/0298/FUL, which was granted for Plot 1, had approved a design with a basement and no rooms in the loft which allowed the house to be set lower in the ground and with no overlooking of the neighbours from the second floor. This new application reverses that by removing the basement and having habitable rooms in the loft. The previous Committee decision to grant permission was given on the basis that there would be no rooms in the roof. The parking shown on the plans would be completely unworkable. Members found the parking illustrations to be unreasonable and unrealistic. Members request that this application be called in to Hertsmere Borough Council's Planning Committee.

7.0 Policy Designation Watling Chase Community Forest Tree Preservation Order 8.0 Relevant Planning Policies

National Guidance

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National Planning Policy Framework 2012

Planning Practice Guidance

Core Strategy 2013

Policy: SP1 Creating sustainable development

Policy: CS1 The supply of new homes

Policy: CS2 The location of new homes

Policy: CS12 The Enhancement of the Natural Environment

Policy: CS22 Securing a high quality and accessible environment

Policy: CS24 Development and accessibility to service

Policy: CS25 Accessibility and parking

Site Allocations and Development Management Policies Plan 2016

Policy: SADM3 Residential Developments

Policy: SADM10 Biodiversity and Habitats

Policy: SADM12 Trees, Landscaping and Development

Policy: SADM13 The Water Environment

Policy: SADM19 Waste Storage in New Development

Policy: SADM28 Watling Chase Community Forest

Policy: SADM30 Design Principles

Policy: SADM40 Highway and Access Criteria for New Development

Supplementary Planning Documents

Parts B, C and D of the Biodiversity, Trees and Landscaping SPD 2010

Guidelines for Development – Part D 2016 (draft for interim use) of the Planning and Design Guide SPD

Parking Standards SPD 2014

Interim Technical Note on Waste Storage Provision Requirements for New Residential Development 2014

Other

Equality Act 2010

Community Infrastructure Levy Regulations 2010 9.0 Key Issues

Principle of Development Design & Impact on Visual Amenity Impact on Residential Amenity Parking, Access & Highway Safety Trees, Landscaping & Protected Species Waste Storage Community Infrastructure Levy Equalities

10.0 Comments

Principle of Development

10.1 The National Planning Policy Framework (NPPF) 2012 advises that there is a presumption in favour of sustainable development and the purpose of the planning system is to contribute to the achievement of this. In addition, development should seek to secure high quality design and a good standard of amenity for all existing and

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future occupants and encourage the effective use of land by reusing land that has been previously developed.

10.2 Both dwellings would be sited to face the highway and would result in linear form of

development which is considered to be an appropriate form of development in conformity with the spatial pattern of surrounding development. In the circumstance, the principle of development is sound and has already been established by the grant of consent for a similar scheme. Design & Impact on Visual Amenity

10.3 The relevant policies and guidance are the CS22, SADM3, SADM30 and Part D of the Planning and Design Guide SPD. These policies and guidance are consistent with the NPPF and require new development to respect or improve the character and appearance of its surroundings. Spatial Layout

10.4 The existing site comprises a single plot which is approximately double the width of surrounding plot sizes on Christchurch Crescent. The spatial layout of the area is fairly regular and uniform, generally comprising large detached properties facing the street, on spacious plots. There is the odd example of semi-detached properties in the area which increase in occurrence towards Aldenham Avenue. The depth of the plots in the area vary greatly from large long gardens spanning some 80m+ from Christchurch Crescent to Aldenham Avenue, to smaller 30m plots which have been split to allow for frontage development on Aldenham Avenue and Christchurch Crescent. Opposite the site is the residential cul-de-sac of Church Close which does comprise of dwellings on smaller plots when compared to the surrounding area.

10.5 The spatial layout of the proposed development would be linear with both new dwellings facing Christchurch Crescent. The existing plot which currently contains a centrally locate dwelling, would be spilt into 2 equal plots, both of which would reflect the plot sizes within the immediate area. It is considered that the development would respect the form, pattern and rhythm of the surrounding area.

10.6 Following formal neighbour consultation the following issue was raised by neighbours that both Plots 1 and 2 are closer to the adjoining highway than the demolished house that was on the site and as such would appear overbearing. However, while the demolished house was situated further away from the highway it was almost three metres higher within the street scene. Therefore it is not considered that the proposed dwellings would appear overbearing within the street scene. However, owing to the uneven undulation and change in gradient on the site, a condition is recommended concerning finished levels and overall build height of the proposed dwellings relative to the neighbouring properties.

10.7 An additional point has been raised by neighbours and the Radlett Society and Green Belt Association that there is insufficient spacing between Plots 1 and 2. Part D of the Planning and Design Guide SPD states that in areas where there is not particularly large spacing between dwellings there should be at least 1 metre separation distance to the common boundary and in spacious areas there should be at least a 2 metre separation distance. In the local area there are examples of small spacing and large spacing. Plot 1 would be 2 metres from the common boundary and Plot 1 would be just under 1.5 metres from the common boundary. Therefore, the separation distances are acceptable in this instance. Furthermore there would be considerably greater spacing between the Plots and existing neighbours. Plot 1

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would be 5m from No.20a and Plot 2 would be 9m from No.18. Therefore, on balance the dwellings would not appear cramped within the street scene. Architectural approach and built form

10.8 The surrounding area generally comprises two storey detached dwellings of a mix of styles ranging from Victorian to Arts and Crafts. There are also examples of newer 1960’s/1970’s properties. Accommodation within the roof slope is a common occurrence in the street, these are served by front and rear dormer windows. Front projecting gables are also a common feature in the street.

10.9 Plots 1 and 2 would be in keeping with the dwellings in the surrounding area with their front and rear gables and accommodation within the roof, although, the accommodation in the roof would not be visible from the front elevations as there are no front rooflights or front dormer windows proposed.

10.10 Objection has been raised by the Radlett Society and Green Belt Association on the grounds of the presence of crown roof on Plots 1 and 2. It is noted that while crown roofs are not prevalent in the immediate area, there are examples of similar roof forms towards Loom Place and further into Loom Lane. In this instance, it is considered that owing to the limited oblique views of the dwelling along with retained boundary screening that the crown roofs would not be visible from the street scene.

10.11 It is considered that the proposal would comply with policies CS22, SADM3 and SADM30 and Part D of the Planning and Design Guide SPD with respect to design and visual amenity. Impact on Residential Amenity including Amenity Space Provision

10.12 The relevant policies and guidance are CS22, SADM30 and Part D of the Planning and Design Guide SPD. These policies and guidance are consistent with the NPPF and require new development to respect the residential amenity of neighbouring occupants in terms of light, outlook, privacy, nuisance and pollution. In addition new residential development should have sufficient amenity space provision. In this instance the key considerations with respect to residential amenity are outlook and privacy. Outlook

10.13 The bulk and mass of new development should sit comfortably with 45 degree lines

taken from neighbouring habitable room windows for neighbouring outlook to be protected. In this instance there would be no breach of 45 degree lines taken from neighbouring properties as a result of the development. Therefore, outlook would be protected. Privacy

10.14 Concerns have been raised with regards to overlooking and consequently loss of privacy to neighbouring properties. All first floor side windows and rooflights in the roof faces are either windows to bathrooms or dressing rooms or staircases and these are recommended to be obscure glazed and non-opening below 1.7metres. Therefore there would be no adverse impact to neighbouring privacy or the privacy of the occupants of the proposed development.

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Amenity Space Provision

10.15 4 bedroom houses are required to have at least 80sqm of private useable space provision. In this instance, the proposed rear gardens would be considerably in excess of this area with approximately 300sqm of private useable amenity space. Therefore, there would be sufficient amenity space provision.

10.16 It is considered that there would be no adverse impact on residential amenity in

terms of outlook and privacy. In addition, there would be sufficient private useable amenity space provision. As such the proposal would comply with policies CS22 and SADM30 and Part D of the Planning and Design Guide SPD. Parking, Access & Highway Safety

Parking Provision

10.17 The relevant policies and guidance are CS25, SADM40 and the Parking Standards SPD. These policies and guidance are consistent with the NPPF and require new development to have sufficient off-road car parking provision. The Parking Standards SPD determines the required amount of off-road residential parking based on:

• number of bedrooms • number of additional habitable rooms on upper floors • whether there are 5 or more habitable rooms on ground floor or lower ground floor • Large habitable rooms or open plan rooms over 25sqm which are treated as two habitable rooms Plot 1: 4 bedrooms – which requires 3 spaces 2 upper floor habitable rooms – which requires 2 spaces Open plans rooms over 25sqm – yes, but not a total of 5 on the ground floor Therefore, the total parking requirement is 5 spaces.

Plot 2: 4 bedrooms – which requires 3 spaces 2 upper floor habitable rooms – which requires 2 spaces Open plan rooms over 25sqm – yes, but not a total of 5 on the ground floor Therefore, the total parking requirement is 5 spaces

10.18 The site plans shows 8 spaces provide for Plot 1 and 7 spaces for Plot 2. As such the proposal is complaint with the Parking Standards SPD. Objection has been raised by neighbours that the parking situation shown on the site plan unrealistic and not workable in practice. However, the level of parking spaces shown for both plots is not required.

Access and Highway Safety

10.20 The relevant policies are CS24 and SADM40. These policies are consistent with the NPPF and require new development to have safe and convenient access that would not adversely impact on the adjoining highway.

10.21 Section 6 of the planning application form indicates that there will be a new or altered highway access. The submitted site layout plan (Drg 16.143.P10.100) shows a new access to one of the houses, thereby providing individual accesses to both houses. The visibility from the proposed access has good visibility in both directions. If some

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of the unrequired parking spaces are removed, there would be sufficient space to enable turning within the site.

10.22 It is considered that the proposal would comply with Policies CS24, CS25, and SADM40 and the Parking Standards SPD with respect to parking, access and highway safety.

Trees, Landscaping & Protected Species

Trees

10.23 The relevant policies and guidance are CS12, SADM12 and Part C and Part D of the

Biodiversity, Trees and Landscape SPD. These policies and guidance are consistent with the NPPF and seek to protect trees from development.

10.24 The application site contains two TPO Oak trees and a number of other trees which

add to the visual amenity of the area. The TPO trees are sited separately, one being adjacent to the existing vehicular access and the other adjacent to the new access to be created. Following consultation with the Borough Councils Tree Officer, he has reviewed the submitted Phase II Arboricultural Impact Assessment and considers that these trees are located within the existing front garden of the site contained within a section surrounded by a retaining wall. The roots of these trees, due to the proximity of this retaining wall would be contained within this section of the garden and it is not considered that the demolition or construction process of the development would impact on these roots or the trees in general.

10.25 The Phase II Arboricultural Impact Assessment states that the application proposes

the removal of 9 (non TPO) trees and 2 groups of trees on the site. The removal of these trees is to facilitate the development.

Landscaping

10.26 The application site has the potential to provide significant soft and hard landscaping

to the front, sides and rear of the site. It is considered that proposed landscaping to the development would be of significant benefit to the overall visual appearance of development and its setting. The proposed site plan shows soft and hard landscaping, but this would appear to be indicative as not details regarding plant species, density and height have been provided, also not details have been provided as to materials to be used and height of boundary enclosures has been provided. Therefore, a condition is recommended requiring details of hard and soft landscaping to be provided.

Ecology 10.27 The relevant policies and guidance are CS12 and SADM10 and Part B of the

Biodiversity, Trees and Landscaping SPD. These policies and guidance are consistent with the NPPF and seek to protect species from development.

10.28 Hertfordshire Ecology were consulted. Their response is that proposed development

lies within an area of established houses and gardens and along with neighbouring properties is likely to support bird and bat populations. Both groups could be vulnerable to demolition and construction activities, but given the lack of records nearby, the probability of them being present at this property is low.

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10.29 However, both are protected and in order to reduce the likelihood of harm arising and of an offence being committed, HE advise a precautionary approach should be taken by the developers and recommend two informatives relating bats and birds which have been included in the ‘Informatives’ section of this report.

10.30 It is considered that the proposal would comply with policies CS12, SADM10 and

SADM12 and Parts B, C and D of the Biodiversity, Trees and Landscape SPD with respect to trees, landscaping and ecology.

Waste Storage

10.31 The relevant policies and guidance are CS22, SADM19, Part D of the Planning and Design Guide SPD and the Interim Technical Note: Waste Storage Provision Requirements for New Residential Development. These policies and guidance require new residential development to have adequate storage for refuse and recyclable materials, they also require the bin carry distance on refuse collection days to be no more than 25m from the highway. The proposed site plan shows adequate bin storage at the front of both dwellings within a 25m carry distance. Therefore, the proposal would comply with policies CS22 and SADM19 and Part D of the Planning and Design Guide SPD and the Interim Technical Note: Waste Storage Provision Requirements for New Residential Development.

Community Infrastructure Levy

10.32 The proposal is chargeable under the Community Infrastructure Levy Regulations 2010 (as amended) due to the gross floor space proposed being 802 sq m (involving the creation of two new dwellings) and demolition of 460 sq m. Taking consideration of any demolition and retained floor space (but prior to any claim for relief or exemption), the anticipated CIL charge amounts to £70,575.06. Equalities

10.33 The Council in the exercise of its functions recognises its statutory duty to have regard to the need to eliminate all types of discrimination, advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it and to foster good relations between persons who share a relevant protected characteristic and persons who do not share it as required under section 149 of the Equality Act 2010. Section 149 of the Equality Act 2010 requires a decision-maker to have 'due regard' to achieving a number of equality goals. These goals are: 1. to eliminate discrimination, harassment, victimisation and any other conduct

that is prohibited by the Act; 2. to advance equality of opportunity between those with protected

characteristics and those without; and 3. to foster good relations between persons with a relevant protected

characteristic and those without. The relevant protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In determining this application, the Committee is required to have regard to the Council's statutory obligations under the Equality Act 2010, as set out above. The proposals do not conflict with either Hertsmere Borough Council's Equality Policy 2010 or the commitments set in our Equality Objectives and support the Council in meeting its statutory equality responsibilities.

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11.0 Conclusion 11.1 The principle of residential development in this location is considered acceptable.

The proposed new development would not result in a detrimental impact on the visual amenity of the area or the street scene. In addition, the new dwellings would not have an undue adverse impact on the residential amenities of the neighbouring properties. The level of amenity provision, car parking, the proposed access and waste storage are considered acceptable. Accordingly, planning permission is recommended for approval.

12.0 Recommendation

Grant Planning permission subject to the following conditions:

Conditions/Reasons

01. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended). 02. NO DEVELOPMENT SHALL TAKE PLACE UNTIL samples / details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure that the finished appearance of the development will enhance the character and visual amenities of the area. To comply with Policies SADM3 and SADM30 of the Site Allocations and Development Management Policies Plan 2016, Policy CS22 of the Hertsmere Core Strategy 2013 and the NPPF paragraphs 17 and 56.

03. NO DEVELOPMENT SHALL TAKE PLACE BEFORE the following have been submitted to, and approved in writing by, the Local Planning Authority: - a scheme of hard (including access roads, driveways and parking areas) and soft (including a schedule of plant species) landscaping, phased in relation to any phasing of the development, which shall include details of both hard and soft landscape works and earthworks; and - details of all walls (including retaining walls), fences, gates or other means of enclosure to be erected in or around the development. The development shall be carried out in accordance with the approved details. Reason: To ensure that the finished appearance of the development will enhance the character and visual amenities of the area and to ensure a satsifactory landscape treatment of the site which will enhance the character and appearance of the site and the area. To comply with Policies CS12 and CS22 of the Core Strategy 2013 and Policies SADM3, SADM12 and SADM30 of the Site Allocations and Development Management Policies Plan 2016. 04. NO DEVELOPMENT SHALL TAKE PLACE BEFORE details of the proposed finished floor levels; ridge and eaves heights of the buildings hereby approved have

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been submitted to and approved in writing by the Local Planning Authority. The submitted levels details shall be measured against a fixed datum and shall show the existing and finished ground levels, eaves and ridge heights of surrounding property. The development shall be carried out as approved. Reason: To ensure a satisfactory relationship between the various components of the development and between the site and adjoining land. To ensure that construction is carried out at a suitable level having regard to drainage, access, the appearance of the development, any trees or hedgerows and the amenities of neighbouring properties. To comply with Policies, SADM3, SADM10, SADM15, SADM30, SADM40 of the Site Allocations and Development Management Policies Plan 2016, Policy CS22 of the Hertsmere Core Strategy 2013 and the NPPF paragraphs 17 and 56. 05. Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 2015 (as amended) (or any other Order revoking or re-enacting this Order) no buildings, extensions, or alterations permitted by Classes A and B of Part 1 of Schedule 2 in the 2015 Order (as amended) shall be carried out without the prior written consent of the Local Planning Authority. Reason: To satisfactorily protect the character and appearance of the area and the residential amenities of nearby occupiers. To comply with Policies SADM3 and SADM30 of the Site Allocations and Development Management Policies Plan 2016, Policy CS22 of the Hertsmere Core Strategy 2013 and the NPPF paragraphs 17 and 56. 06. The bathroom and dressing room windows and rooflights over the stairs for both dwelling houses to be created in the first floor and second floor side elevations and roof faces indicated on Plan Nos. 15.143.P10.101 and 15.143.P10.102 shall be in obscure glass (to Pilkington Level 3 or equivalent) and non-opening below a height of 1.7 metres measured from the internal finished floor level. The windows shall not thereafter be altered in any way without the prior written approval of the Local Planning Authority.

Reason: To satisfactorily protect the residential amenities of nearby occupiers. To comply with Policies SADM3 and SADM30 of the Site Allocations and Development Management Policies Plan 2016, Policy CS22 of the Hertsmere Core Strategy 2013 and the NPPF paragraphs 17 and 56. 07. NO DEVELOPMENT SHALL TAKE PLACE BEFORE a method statement for the demolition and/or construction of the development hereby approved has been submitted to, and approved in writing by, the Local Planning Authority. The demolition and construction works shall be carried out in accordance with the approved method statement. Details submitted in respect of the method statement, incorporated on a plan, shall provide for wheel-cleaning facilities during the demolition, excavation, site preparation and construction stages of the development. The method statement shall also include details of the means of recycling materials, the provision of parking facilities for contractors during all stages of the development (excavation, site preparation and construction) and the provision of a means of storage and/or delivery for all plant, site huts, site facilities and materials. Reason: In order to minimise the amount of mud, soil and other materials originating from the site being deposited on the highway; to prevent inadequate

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parking, turning and manoeuvring for vehicles; inadequate materials storage and to ensure adequate recycling of materials in the interests of highway safety, visual amenity and environmental management. 08. NO DEVELOPMENT SHALL TAKE PLACE BEFORE details of the provisions for the storage and recycling of refuse have been submitted to and approved in writing by the Local Planning Authority. Such provisions shall be made/constructed prior to the first occupation of the building(s) and shall thereafter be made permanently available for the occupants of the building(s). Reason: In the interests of general amenity. To comply with Policy CS22 of the Core Strategy 2013 and Policy SADM19 of the Site Allocations and Development Management Policies Plan 2016. 09. NO DEVELOPMENT SHALL TAKE PLACE BEFORE a scheme for the on-site storage and regulated discharge of surface water run-off has been submitted to, and approved in writing by, the Local Planning Authority. The development shall be carried out in accordance with the approved scheme. Reason: To ensure the proposed development does not overload the existing drainage system resulting in flooding and/or surcharging. To comply with Policies SADM13 and SADM14, SADM15 of the Site Allocations and Development Management Policies Plan 2016 and Policy CS16 of the Hertsmere Core Strategy 2013, and the NPPF paragraph 100. 10. The development hereby permitted shall be carried out in accordance with the following plans and documents:

16.143.P10.001 (received 29/07/2016) 16.143.P10.100 (received 29/07/2016) 15.143.P10.101 (received 02/08/2016) 15.143.P10.102 (received 29/07/2016) 16.143.P10.103 (received 29/07/2016) 16.143.P10.104 (received 16/11/2016) Phase II Arboricultural Impact Assessment (received 01/09/2016) Reason: For the avoidance of doubt and in the interests of proper planning permission. General Reasons for Granting Permission 01. The proposal has been considered in light of the following policy, guidance and legislation: the National Planning Policy Framework 2012, the Planning Practice Guidance, the Community Infrastructure Levy Regulations 2010, Policies SP1, CS1, CS2, CS12, CS22, CS24 and CS25 of the Core Strategy 2013, Policies SADM3, SADM10, SADM12, SADM13, SADM19, SADM30 and SADM40 of the Site Allocations and Development Management Policies Plan 2016 (incorporating final modifications recommended in Inspector's Report, September 2016), Parts B, C and D of the Biodiversity, Trees and Landscaping SPD 2010, Part D 2016 (draft for interim DM use) of the Planning and Design Guide SPD, the Parking Standards SPD 2014, the Interim Technical Note: Waste Storage Provision Requirements for New Residential Developments and the Equality Act 2010. The principle of residential development in this location is considered acceptable. The proposed new development would not result in a detrimental impact on the visual amenity of the area or the street scene. In addition, the new dwellings would not have an undue

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adverse impact on the residential amenities of the neighbouring properties. The level of amenity provision, car parking, the proposed access and waste storage are considered acceptable.

13.0 Background Papers 1. The Planning application (16/1467/FUL) comprising application forms, certificate,

drawings and any letters from the applicant in support of the application. 2. Replies from Statutory consultees and correspondence from third parties. 3. Any other individual document specifically referred to in the agenda report. 4. Published policies / guidance 14.0 Informatives 1. Positive and Proactive Statement Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012. 2. Policy, Guidance and Legislation The proposal has been considered in light of the following policy, guidance and legislation: the National Planning Policy Framework 2012, the Planning Practice Guidance, the Community Infrastructure Levy Regulations 2010, Policies SP1, CS1, CS2, CS12, CS22, CS24 and CS25 of the Core Strategy 2013, Policies SADM3, SADM10, SADM12, SADM13, SADM19, SADM30 and SADM40 of the Site Allocations and Development Management Policies Plan 2016 (incorporating final modifications recommended in Inspector's Report, September 2016), Parts B, C and D of the Biodiversity, Trees and Landscaping SPD 2010, Part D 2016 (draft for interim DM use) of the Planning and Design Guide SPD, the Parking Standards SPD 2014, the Interim Technical Note: Waste Storage Provision Requirements for New Residential Developments and the Equality Act 2010.

3. STANDARD DRAINAGE CRITERIA (CG01) 1. MAXIMUM ALLOWABLE PEAK DISCHARGE (Qmax) The maximum allowable total discharge rate from this site will be calculated for the 'pre-developed' site layout for 1 in 1 year return period storm conditions. The contribution areas will be equivalent to 100% of the paved surface areas (roofs, hardstanding, roads etc) and an allowance of 10% of the 'permeable' surface areas (which will be deemed to act as though impermeable) 2. STORAGE REQUIREMENTS The need for storage will be calculated for the proposed site layout for 1 in 100 year return period critical storm duration conditions taking into account the maximum allowable discharge previously calculated. The contributory areas will allow for 100% of the impermeable surfaces plus an equivalent 10% of the permeable surfaces as though impermeable areas.

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3. VOLUMETRIC RUNOFF COEFFICIENT The catchments within Hertsmere Borough will consist of heavy clay soil, therefore a volumetric coefficient of 0.9 will be used for calculations, when Micro Drainage or similar methodologies are used. In order to assist in a decision to advise the discharge of a planning drainage condition please supply 2 copies of drawings relating to the drainage layout, plus long sections and standard details (identifying any proposed storage and runoff control), along with calculations supporting the design and details of any flow restriction device. Please also include the pre and post development permeable and impermeable areas of the site in m2. If you require clarification on any aspect of the requirements of CG01 please contact Hertsmere Borough Council Engineering Services on 020 8207 7492 or email [email protected] Notes: STANDARD DRAINAGE CRITERIA (CG01) CG01 is a surface water source control condition and sets a maximum surface water discharge rate for a site based on a 1 in 1 year storm event for the pre development site. It also requires that storage be provided for a 1 in 100 year event, for the post development site, taking into account the previously calculated maximum discharge rate. This is a Hertsmere Borough Council improving condition and is over and above any requirements placed on the development by the Environment Agency and / or Thames Water Utilities. The developer has to design for the most onerous of any of the requirements regardless of whether the system ultimately discharges to a private drain, public sewer, soakaway or watercourse. Storage is to be provided on site by means of a storage tank or oversized pipes, not by utilising spare capacity within the system. The following information is required in order to determine compliance with CG01 and assist in recommending discharge of the condition: 1. Proposed maximum surface water discharge rate i.e. up to the maximum

allowable as calculated using CG01. 2. Proposed method of limiting surface water discharge to this rate. 3. Proposed volume of storage as calculated using CG01. 4. Proposed method of providing this volume of storage. 5. The following 5 areas:

The total site area.

The pre development permeable area.

The pre development impermeable area.

The post development permeable area.

The post development impermeable area.

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A site drainage plan showing layout, discharge point, location of storage and location of flow control device. This information is required so we can assess compliance with CG01 so without them we cannot recommend discharge of the condition. If you require clarification on any aspect of the requirements of CG01 please contact Hertsmere Borough Council Engineering Services on 020 8207 7492 or email [email protected] 4. Building Regulations To obtain advice regarding current Building Regulations or to submit an application, applicants should contact the Building Control Section Hertsmere Borough Council, Civic Offices, Elstree Way, Borehamwood, WD6 1WA, telephone 020 8207 2277. For more information regarding Building Regulations visit the Building Control Section of the Councils web site www.hertsmere.gov.uk - To obtain Building Regulations Approval the applicant should apply to obtain either: - Full Plans approval - this will give prior approval to the work or - Building Notice approval - this requires 48 hours' notice prior to the commencement of work. Both of these approvals will require the submission of the requisite fee and 2 copies of drawings and relevant calculations. Having applied for Building Regulations approval, the works applied for will be subject to inspection by Building Control Officers at specific stages to ensure compliance. The applicant has a statutory duty to inform the Council of any of the following stages of work for inspection: - Excavation for foundations - Damp proof course - Concrete oversite - Insulation - Drains (when laid or tested) - Floor and Roof construction - Work relating to fire safety - Work affecting access and facilities for disabled people - Completion Any work that affects a party wall will require approval from the adjoining owner(s). This aspect of the work is a civil matter and does not come within the remit of the Council. Please refer to the Government's explanatory booklet The Party Wall etc. Act 1996, a copy of which is available from the Council Offices, Borehamwood, Hertfordshire. More information is available on the Council's web site or for further information visit the Department of Communities and Local Government website at www.communities.gov.uk. 5. Thames Water Development Planning Waste Comments Surface Water Drainage - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted

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for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on the existing sewerage system. Legal changes under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 mean that the sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you email use a scaled ground floor plan of your property showing he proposed work and the complete sewer layout to [email protected] to determine if a building over / near to agreement is required. Water Comments With regard regard to water supply, this comes within the area covered by the Affinity Water Company, For your information the address to write to is - Affinity Water Company, The Hub, Tamblin Way, Hatfield, Herts, AL10 9EZ.

6. Hertfordshire Ecology Bats and their roost remain protected at all times under National and European law. If bats or evidence for them is discovered during the course of any works, work must stop immediately and advice sought on how to proceed lawfully from: Natural England: 0300 060 3900 or an appropriately qualified and experienced Ecologist. The removal of trees and shrubs should be avoided during the bird breeding season (March to September inclusive). If this is not possible then a search of the area should be made by a suitably experienced Ecologist and if active nests are found, then clearance must be delayed until the last chick has fledged. 7. Hertfordshire County Council Highway Authority Works to be undertaken on the adjoining highway will require the applicant to enter into an agreement with the Highway Authority. Before commencing the development, the applicant shall contact Highways at County Hall on 0300 123 4047 to obtain their permission and requirements. This is to ensure any works undertaken in the highway is constructed in accordance with the Highway Authority’s specification and by a contractor who is authorised to work in the public highway.

Case Officer details: Brenda Louisy – Johnson Email [email protected]