Date of Meeting: 8 September 2016

APPLICATION NO: 16/0127/FUL

DATE OF APPLICATION: 27 January 2016 STATUTORY START DATE: 11 February 2016 SITE LOCATION 2 And 4 Steeplands And 1 And 3, Claybury, Bushey, Hertfordshire,

DEVELOPMENT Demolition of 2 & 4 Steeplands and 1 & 3 Claybury and erection of a part 3, part 4 storey building comprising 24 flats with basement car parking (Revised scheme to 15/1478/FUL).

AGENT APPLICANT

GML Architects Unit 3 1-4 Christina Street London EC2A 4PA

C/O Agent

WARD: Bushey Park

GREEN BELT: No

CONSERVATION AREA: No LISTED BUILDING: No

TREE PRESERVATION ORDER: No

1.0 Summary of Recommendation 1.1 That powers be delegated to the Development Team Manager to grant planning

permission, subject to the receipt of an agreement or unilateral undertaking under Section 106 of the Town and Country Planning Act by 9 September 2016 or at a later date to be agreed in writing before this date.

1.2 Should the agreement or unilateral undertaking under Section 106 not be

completed and signed within this timescale, it is recommended that the Head of Planning and Building Control be given delegated powers to refuse the planning application, for the reason set out below: Suitable provision for affordable housing and a fire hydrant has not been secured. The application therefore fails to adequately address the affordable housing and local infrastructure requirements arising as a consequence of the proposed form of development in conflict with Policies CS4 and CS21 of the Core Strategy (2013), Planning Obligations SPD 2010 and the Affordable Housing SPD 2015.

2.0 Application Site/Surrounding Area

2.1 The application site is located on the north east side of Steeplands at its junction with Claybury, which means the site is a prominent corner plot. The site comprises 4 plots, 2 and 4 Steeplands and 1 and 2 Claybury. Each plot comprises a two storey detached house, set back from the road and with shallow rear gardens. Steeplands as the name suggests is a steep sloping road that levels off at its junction with Claybury.

2.2 The neighbouring properties of Steepland, Claybury and Fair Close are all

residential. Immediately, to the north west of the application site along Steeplands are two and three storey blocks of flats. To the north east in Claybury are groups of two storey, terraced houses which are set well back from the road and have shallow rear gardens. To the east, in Fair Close, are more two storey terraced houses and blocks of flats. To the south east of the site is High Street Bushey and to the south is a war memorial.

2.3 The buildings immediately surrounding the application site, date from

approximately the 1970s, including the houses within the application site. Older buildings dating from the 1800s can be found in the wider context. Materials range from red, brown and stock brick, timber weather boarding and render / stucco for walls. Roofs are finished predominantly in slate with some red tiled and pitched roofs. Proposal

3.0 The Applicant seeks planning permission for the demolition of 2 & 4 Steeplands and 1 & 3 Claybury and erection of a part 3, part 4 storey building comprising 24 flats with basement car parking. This is a revised scheme. The revision includes the provision of adequate storage for waste and recycling. Key Characteristics Site Area 0.17 Hectares

Density 141 dwellings per hectare Mix 7 x 1 bedroom, 11 x 2 bedroom, 6 x 3

bedroom flats Dimensions See plans Numbers of Car Parking Spaces

29 car parking spaces and 34 cycle spaces

Any other relevant statistical information as appropriate None.

4.0 Relevant Planning History

Reference number

Description Outcome and date

16/0006/APP Appeal: New build development to include 24 flats within 3 blocks over part 3 and part 4 storeys with

Appeal Dismissed 15 July 2016

associated car and cycle parking proposed at new basement level. (Amended Plans received 17/09/15).

15/1478/FUL New build development to include 24 flats within 3 blocks over part 3 and part 4 storeys with associated car and cycle parking proposed at new basement level. (Amended Plans received 17/09/15).

TP/83/0272 ERECTION OF FIRST FLOOR REAR EXTENSION (AMENDED PLANS)

Approval 2 June 1983

16/0006/APP Appeal: New build development to include 24 flats within 3 blocks over part 3 and part 4 storeys with associated car and cycle parking proposed at new basement level. (Amended Plans received 17/09/15).

Appeal Dismissed 15 July 2016

14/1546/FUL Demolition of No's 1 & 2 Steeplands and 1 & 3 Claybury and the erection of 25 No. 3/4 storey 2-Bed apartments with amenity space and basement car parking for 50 cars. WITHDRAWN BEFORE REGISTRATION

15/1478/FUL New build development to include 24 flats within 3 blocks over part 3 and part 4 storeys with associated car and cycle parking proposed at new basement level. (Amended Plans received 17/09/15).

5.0 Notifications

A site notice has been displayed.

In Support Against Comments Neighbours Notified

Contributors Received

0 5 against and 52 signature petition against

0 98 5

Notices Site Notice (Generic) Expiry Date: 14 March 2016 Watford Observer 11th March 2016 Expiry Date: 1st April 2016 Reasons for objection:

Will detract from the character of the area

Longer travel times due to increased traffic

Increased pressure on local services

Will result in increased on road parking that will be a danger to highway safety

Increased danger to subsidence to neighbouring properties

Loss of light to flats in Hogarth Court

Proposed development will make some flats in Hogarth Court more secluded and therefore vulnerable to burglary

Risk of flooding

Overlooking to the south side of Hogarth Court

Increase in noise pollution

Unacceptable increase in residential amenity

Lack of affordable housing

6.0 Consultations

Senior Flood Risk And SuDS Officer (HCC) Consulted: 22 February 2016

Raise objection. The applicant states that the flood risk will not increase as result of the development. However, it is proposed to discharge into the Thames Water sewer network. Therefore, the applicant should demonstrate that Thames Water can accept the proposed run-off rates into their network. The applicant has provided a drainage strategy that manages surface water run-off so flood risk is not increased on site or elsewhere. However, redevelopments of brownfield sites can present an opportunity to reduce the run-off rates going into the sewer network, thus contributing to the reduction of the risk of flooding elsewhere and increasing the storage volume available in the balancing ponds. Therefore, the applicant should aim to provide greenfield run-off rates for the redeveloped site. At the full planning application stage the applicant needs to include the following as part of the drainage strategy: 1) Confirmation by Thames Water that the proposed discharge is accepted. 2) Provision of greenfield run-off rates. 3) Provision of a fully detailed drainage plan, showing pipe runs and diameters, location of SuDS features and discharge point. 4) Provision of an above ground SuDS management train. Comments made 29 February 2016.

Waste Management Services Consulted: 22 February 2016

Raise objection initially but the scheme has now been amended to provide sufficient waste storage.

HCC Spatial Planning And Economy Unit

Raise no objection. Advice given to Officers in relation to determining planning

Consulted: 22 February 2016 applications for non-waste development.

Highways England Consulted: 22 February 2016

Raise no objection.

Bushey & District Footpaths Association Consulted:

Raise no objection. Request to Officers to include an informative on the decision notice to make the public footpath running from Steeplands is protected from any blockages during works. Comments made 21 March 2016.

Environment Agency Consulted: 22 February 2016

Raise no objection.

Drainage Services Consulted: 22 February 2016

Raise no objection. Surface water run-off condition CG01 advised (see “Conditions”).

Environmental Health & Licensing Consulted: 22 February 2016

Raise no objection.

Thames Water Development Planning Consulted: 22 February 2016

Raise no objection. Standard informatives advised and 2 conditions relating to piling method of construction and drainage works.

Highways HCC Consulted: 22 February 2016

Raise no objection. Section 6 of the submitted planning application indicates a new or altered highway access is proposed. The submitted site layout plan shows a site access width of 6m which comfortably enables vehicles to pass without conflict. The applicant should note that at this location a dropped kerb access would be preferable to radius kerbs. The Highway Officer considers that the development will increase traffic movements from the site. This is likely to be approximately 12 vehicle movements in the AM and PM peak hours. However, he does not consider that this is particularly significant and therefore, could not substantiate a refusal on these grounds. He therefore, considers that the development is unlikely to result in a significant impact on the safety and operation of the adjacent highway. He therefore, has no objection to the grant of planning permission subjection to conditions relating to the access and a construction management plan (see “Conditions / Reasons). 2 informatives are also advised (see “Informatives”).

Hertfordshire Ecology Consulted: 22 February 2016

Raise no objection. An informative relating to bats and their roosts is advised.

Hertfordshire Fire & Rescue Service Consulted: 22 February 2016

Raise no objection. Fire hydrant required.

7.0 Policy Designation

Watling Chase Community Forest

CIL Area £180 per square metre

8.0 Relevant Planning Policies National Guidance

National Planning Policy Framework 2012

Planning Practice Guidance

Core Strategy 2013

Policy: SP1 Creating sustainable development

Policy: SP2 Presumption in Favour of Sustainable Development

Policy: CS1 The supply of new homes

Policy: CS2 The location of new homes

Policy: CS4 Affordable Housing

Policy: CS7 Housing mix

Policy: CS12 The enhancement of the natural environment

Policy: CS16 Environmental impact of development

Policy: CS21 Standard charges and other planning obligations

Policy: CS22 Securing a high quality and accessible environment

Policy: CS24 Development and accessibility to service Local Plan 2003

Policy: C7 Watling Chase Community Forest

Policy: H8 Residential Development Standards

Policy: D20 Supplementary Guidance

Policy: D21 Design and Setting of Development

Policy: M2 Development and Movement

Policy: M12 Highway Standards

Policy: D3 Control of Development - Drainage and Runoff Considerations Site Allocation and Development Management Policies Plan 2015

Policy: SADM3 Residential Developments

Policy: SADM13 Trees, Landscaping and Development

Policy: SADM15 Flood Risk

Policy: SADM16 Sustainable Drainage Systems

Policy: SADM18 Water Supply and Waste Water

Policy: SADM20 Waste Storage in New Development

Policy: SADM29 Watling Chase Community Forest

Policy: SADM31 Design Principles

Policy: SADM41 Highway and Access Criteria for New Development Supplementary Planning Documents

Guidelines for Development – Part D 2013 of the Planning and Design Guide SPD

Planning Obligations SPD 2010

Affordable Housing SPD 2015

Parking Standards SPD 2014 Other

Equality Act 2010 as amended

Interim Technical Note on Waste Storage Provision for New Residential Development

0.9 Key Issues

Pre-application Proposals and History

Principle of Development Affordable Housing Design & Impact on Visual Amenity Impact on Residential Amenity (including amenity space provision) Parking, Access & Highway Safety Landscaping Environmental Impact S106 Heads of Terms Community Infrastructure Levy Equalities

10.0 Comments

Pre-application Proposals and History

10.1 Pre-application advice reference 15/0015/PA was given for two similar schemes option A and B. The following concerns were raised:

Blocks A and B of both options A and B were excessive in height, bulk and mass and stood out as obtrusive and overbearing.

The proportions of Blocks A and B including roofs and size of window openings were considered excessive in comparison to those of the neighbouring blocks of flats, which also served to emphasis the excessive height, bulk and mass of Blocks A and B.

The 12m separation distance between Block A and the most intensively used part of the rear garden of 5 Claybury was considered inadequate to maintain privacy and this Block A could overshadow this part of the rear garden of 5 Claybury.

The shortfall in off-road car parking provision required justification.

10.2 Following the pre-application advice application 15/1478/FUL was submitted. The above concerns were addressed apart from what was considered to be the inadequate separation distance. This application was the subject of an appeal due to non-determination. (Please see the appeal decision appended to this report – Appendix 1). The Council’s appeal statement stated that had the application been determined it would have been refused for lack of affordable housing provision, loss of privacy and overbearing impact and insufficient waste storage. This appeal was dismissed.

10.3 With regard to the first intended reason for refusal the Applicant has offered £120,000 as a commuted sum in lieu of on-site affordable housing provision which was greater than the £77,000 the independent viability assessors concluded that the scheme could provide towards affordable housing provision. Therefore during the appeal process the Inspector considered this revised commuted sum was acceptable. However, the application was dismissed due to the fact that only a draft legal agreement to secure the commuted sum had be submitted which was not signed as it was only a draft. The Inspector in summing up did not agree that there was loss of privacy and overbearing impact and cited the 10 metre requirement for side to back elevation separation distance of Part D of the Planning and Design Guide SPD as being applicable and acceptable in this instance. The Inspector agreed with that the lack of waste storage provision could not be dealt with via a condition because the requirement for this was likely to involve some redesigning of the scheme.

Principle of Development

10.4 Paragraph 49 of the NPPF states that housing applications should be considered in the context of the presumption in favour of sustainable development. Policy SP1 states that new development will be required to prioritise the efficient use of brownfield land in delivering the land use requirements of the private sector, local service providers and the different needs of the hierarchy of settlements across the borough. All existing built up areas within urban settlements will be expected to accommodate opportunities which arise for meeting local housing. Policy SP2 states that when considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the NPPF. It will always work proactively with applicants jointly, in particular through the pre-application process, to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area. Planning application that accord with the policies in the Local Plan will be approved without delay, unless material considerations indicate otherwise.

10.5 Policy CS1 states that the Council will make provision for at least 3,990 additional dwelling within the district between 2012 and 2027, a development rate of a minimum of 266 dwellings per year. Policy CS2 states that priority will be given to locating the majority of residential development within the main urban settlements of Borehamwood, Potters Bar and Bushey. Windfall developments will be supported on appropriate sites in all towns, subject to local environmental constraints, the relationship with the surrounding pattern of development and the requirements of policies SP1, CS12, CS13, CS14, CS15, CS16 and CS17 and other relevant planning policies.

10.6 The proposal is for a residential development of 24 flats in a residential area. The location is sustainable as there are nearby local shops and services and public transport facilities. The principle of replacement residential development within a residential area is generally acceptable, subject to other material considerations will be assessed below.

Affordable Housing

10.7 Policy CS4 requires developments of 5 self-contained, residential units or more, or residential sites of more than 0.2 hectares, should make provision for an element of affordable housing. On sites of 15 units or more this should be delivered through a mix of social rented housing, affordable rent and intermediate housing. The target for affordable housing in Bushey is 35% which equates in this case to 9 units. The Council seeks the maximum level of affordable housing on site. A lower level of provision is not normally acceptable unless the Council agrees exceptional circumstances are demonstrated. Only in exceptional circumstances will an alternative to on-site provision be appropriate.

10.8 The Applicant has provided a viability report which concludes that the scheme with no affordable housing shows a residual land value which is £106, 895 below the benchmark value (in this case the existing use value) which would appear to indicate that the scheme is not viable.

10.9 However, the viability report has been assessed by an independent viability assessor

whose report concludes that the scheme could provide a contribution or commuted sum of £77,000 towards affordable housing provision in the borough.

10.10 The Applicant is now offering a commuted sum of £120,000 which the Officers are willing to accept given that this is significantly more than the amount the independent viability assessor concluded that the scheme could provide.

Design and Impact on Visual Amenity

10.11 The relevant policies and guidance are CS22, D20, D21, H8, SADM3, SADM31 and

Part D of the Planning and Design Guide SPD. These policies and guidance require new development to respect or improve the character of their surroundings. These policies and guidance are consistent with the NPPF. Paragraph 56 of the NPPF states that the Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development is indivisible from good planning and should contribute positively to making places better for people.

10.12 The proposed development would replace 4 two storey houses. The proposed

development comprises 3 blocks A, B and C. Block A is two storeys, with a lower ground level, ground level and first floor level (which includes accommodation in the roof). Blocks B and C are three storeys with a lower ground level, ground level, first floor level and second floor level (which includes accommodation in the roof). Under the 3 blocks is a basement level which is includes a car park and areas for cycle storage. The proposed development has a staggered roof line that increases towards the south east up the slope of Steeplands. The proposed development addresses the existing adjacent blocks of flats along Steeplands and relates well to them as these existing flats are also two and three storeys with a lower ground level for parking and a staggered roof line. The width of the proposed blocks of flats are also similar to the existing adjacent blocks of flats.

Architectural Design

10.13 Paragraph 60 of the NPPF states that decisions should not attempt to impose

architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms and styles. It is however proper to seek to promote or reinforce local distinctiveness.

10.14 The proposed development seeks to promote or reinforce local distinctiveness in respect of its relationship to the existing adjacent blocks of flats in terms of the scale of the blocks and the proportions and size of fenestration and front balconies and lower level / basement parking area. Materials

10.15 While certain aspects of the proposed development reflect the existing adjacent blocks of flats and in thus doing promotes or reinforces local distinctiveness, one does not necessarily expect that the materials of both developments need to be the same as this could create monotony. However, the expectation is that the quality of external materials used is good. To ensure this a condition requiring submission of samples of external materials has been imposed on the recommendation of approval.

It is considered that the proposal would comply with the NPPF, Policies CS22, D20, D21, H8, SADM3, SADM31 and Part D of the Planning and Design Guide SPD. Impact on Residential Amenity (including amenity space provision)

10.16 The relevant policies and guidance are CS22, D20, H8, SADM31 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.

10.17 Had the previous application which was the subject of an appeal for non-determination

been decided it would have been refused. One of the reasons for refusal would have been loss of privacy and overbearing impact to No.5 due to there only being a 12m separation distance between ground, first and second floor windows of proposed Block B and the boundary with No.5. However, the Inspector did not find this to be the case for the following reasons:

In fact No.5’s garden would be addressed by the rear of Block A

the sloping rooflights would provide little opportunity for direct overlooking from the two bedrooms at this level, one of which would have a slightly oblique relationship with the garden.

there would only be one bedroom window at first floor level, again slightly offset.

The proposed 12m spacing would more than satisfy Part D of the Planning and Design Guide SPD 10m front to side standard

Block A would be located in a very similar position to the rear wall of the existing house, 4 Steeplands, which has large bedroom windows at first floor level.

Concern about overbearing impact on No.5 rear garden would not be borne out because although Block B would be one storey taller than Block A, it would not be unduly dominant in scale because of its oblique relationship, there would be no harmful overbearing effect on use of the rear garden at 5 Claybury.

Amenity Space Provision

10.18 The relevant policies and guidance are CS22, D20, H8, SADM3 and Part D of the

Planning and Design Guide SPD. These policies and guidance require new development to have sufficient usable amenity space provision. In respect of this these policies and guidance are consistent with the NPPF.

10.19 1 bedroom units should provide at least 20 sqm of amenity space, with a further minimum 10 sqm of amenity space for each individual bedroom. Private useable amenity space can be either communal, allocated to individual units or a combination of these two options. The provision of private usable balconies and terraces are encouraged by the Council. Ground floor flats and maisonettes should normally have private garden areas. A balcony, terrace or private garden area will be considered usable where its dimensions are at least 5 sqm with a depth at least 1.5m.

10.20 The submitted schedule of accommodation lists the amount of amenity space provision

for each flat. The lower ground floor flats have sufficient amenity space provision that exceeds the requirement for their size. Apart from 2 first floor flats in Block A and 3 second floor flats in Block C all flats have balconies of a sufficient size that exceed the requirement. Although some flats do not have sufficient balcony space the size has 390 sqm of communal amenity space provision which compensates for this. Therefore it is considered that the proposal would comply with the provisions of the NPPF, Policies CS22, D20, H8, SADM3 and Part D of the Planning and Design Guide SPD. Parking, Access & Highway Safety Car Parking

10.21 The relevant policies and guidance are CS25, SADM41 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 amount of off-road car parking provision based on the number of bedrooms, the number of additional habitable rooms that could serve as bedrooms and rooms that are 25 sqm or more.

10.22 The proposed scheme would have 3, 2 and 1 bedroom flats. The parking requirement

for 3 and 2 bedrooms flats is 2 spaces and for 1 bedroom flats is 1.5 spaces. The tables below shows the number of car parking spaces required into total taking into account that Blocks A and B fall within Residential Accessibility Zone 4 where the actual parking requirement is 75% to 100% of the required amount. The Parking Standards SPD also specifies 6% of parking spaces should be for disabled drivers with one additional space also being of disabled standard.

Blocks A & B Parking Requirement

No. of 3 bedroom flats 3 6 spaces

No. of 2 bedroom flats 6 12 spaces

No. of 1 bedroom flats 4 6 spaces

Total parking requirement 24 spaces

Total parking requirement for Blocks A & B taking into account Residential Accessibility Zone 4 which is 75% to 100% of normal parking requirement

18 to 24 spaces for Blocks A & B

Block C Parking Requirement

No. of 3 bedroom flats 3 6 spaces

No. of 2 bedroom flats 5 10 spaces

No. of 1 bedroom flats 3 5 spaces

Total parking requirement for Block C 21 spaces

Total parking requirement for Blocks A, B & C 39 to 45 spaces with 1 additional space being of disabled standard therefore the total is 39 to 46 spaces

10.23 4 disabled spaces are being provided. 4 spaces as a percentage of 46 spaces is 8.9%

which complies with the Parking Standards SPD. 29 parking spaces are being proposed therefore there would be a shortfall of 10 to 17 spaces.

10.24 The submitted Technical Note on Parking Provision May 2015 provide justification for the shortfall in off-road parking provision. The Inspector commented on this in his appeal decision due to the objection from neighbours to the proposal on the grounds that the shortfall in parking provision would result in highway safety issues. However, the Inspector was of the view that the evidence provided by the Technical Note on Parking Provision of the site’s good access to public transport, ample cycle storage and generally low levels of car ownership at existing apartments in the area provide a good case for reducing on-site provision to the 75% level envisaged by the SPD for a site in Accessibility Zone 4.

10.25 The Inspector also stated that the 28 spaces proposed would be somewhat less again, but failure to adhere to the published standard would not prevent approval of the proposed development unless some clear harm was likely as a result. In this case the local concern is that on-street parking in the immediate area is already under pressure, due to the lack of off-street provision in Claybury, Sparrows Herne and other nearby streets, and to the location of schools. Images by residents show quite full on-street parking in the evenings and weekends.

10.26 However, the Inspector’s assessment was that the evidence of car ownership and trip generation suggests that there would be a low likelihood of the proposed development adding significantly to on-street demand at peak times. The risk of some occasional

marginal increase in parking pressure would not be sufficient reason in itself to with permission. The Inspector noted that no objection had been raised by the Highway Authority on safety grounds. For these reasons the Inspector concluded that the reduced car parking provision would comply with policy CS25 and the Parking Standard SPD. Cycle Parking

10.27 The cycle parking requirements of the Parking Standards SPD are 1 secure / long term space per unit plus 1 short term space per 5 units where communal parking is to be provided. There are 24 flats and 44 cycle spaces, therefore, there would be sufficient cycle parking. Access & Highway Safety

10.28 The relevant policies are CS24, M2, M12 and SADM41. These policies seek to ensure that new developments have safe and convenient access and does not create highway safety problems.

10.29 Section 6 of the submitted planning application indicates a new or altered highway access is proposed. The submitted site layout plan shows a site access width of 6m. The Highway Officer consulted was satisfied that this new access could comfortably enable vehicles to pass without conflict.

10.30 The Highway Officer considers that the development will increase traffic movements from the site. This is likely to be approximately 12 vehicle movements in the AM and PM peak hours. However, he does not consider that this is particularly significant and therefore, could not substantiate a refusal on these grounds. He therefore, considers that the development is unlikely to result in a significant impact on the safety and operation of the adjacent highway.

10.31 It is considered that the proposal would comply with the provisions of the NPPF, policies CS25, SADM41 and the Parking Standards SPD in respect of car parking, cycle parking and access and highway safety Landscaping

10.32 The relevant policies are CS12, CS22, SADM13 and SADM31. These policies are consistent with the NPPF. A well designed landscaping scheme is required to enhance the character and appearance of a development. Therefore, a condition requiring the details of hard and soft landscaping has been imposed on the recommendation to grant planning permission. Environmental Impact Flood Risk & Sustainable Urban Drainage (SUDS)

10.33 Please see update sheet. Waste Storage

10.34 Policy H8 and Part D of the Planning and Design Guide SPD require adequate and sensitively located storage for waste and recyclable materials. Part D also requires a maximum 25 metres carrying distance for bins. The Interim Technical Note: Waste Storage Provision Requirements for New Developments sets out guidance on the Council’s current requirements for waste and recycling storage provision at new

developments. It covers the volume of waste storage space that would be required for a new development and some additional guidance on design for bin storage areas. Each household in the Borough requires the following provision for general waste and recycling: • 240 litres (L) for general waste • 240 for green waste • 240 for plastic / cans / glass • 38L for paper Additionally, 55L of capacity for possible future waste storage requirements is required.

10.35 The plans show bin storage with adequate capacity for the size of the development within the application site. The bin carry distance to the adjacent highway would be within the required 25 metres. The inadequate bin storage capacity was a point of concern raise by the Inspector in his decision. However, this scheme has addressed the shortfall. Therefore the proposal would comply the provisions of the NPPF, policy CS22, H8, Part D of the Planning and Design Guide SPD and the Interim Technical Note: Waste Storage Provision Requirements for New Developments. S106 Heads of Terms

10.36 The relevant policies and guidance are CS21 and Planning Obligations SPD. The planning obligations are in the form of a commuted sum for provision of Affordable Housing (a payment which will be triggered prior to commencement of the development) and the provision of a fire hydrant (a requirement of HCC Fire and Rescue Service). These obligations shall be secured via a legal agreement entered into by the Council and the Developer under Section 106 of the Town and Country Planning Act 1990 as amended. Community Infrastructure Levy

10.37 The Community Infrastructure Levy (CIL) is a new charge that will raise funds to provide improved infrastructure in Hertsmere. It will be charged on the increase in new build floor space (at a rate per m2), although there are exemptions and relief from paying CIL for developments under 100 square metres, self-build homes, affordable housing and development by charities (where for a charitable purpose). CIL replaces the general section106 (s106) 'tariff' approach. The remainder of the CIL receipts will be allocated by the Local Authority.

10.38 The proposal is chargeable under the Community Infrastructure Levy Regulations 2010 (as amended) due to the gross floor space proposed being 2698 sq m and / or involves the creation of a new dwelling. Taking consideration of any demolition and retained floor space (but prior to any claim for relief or exemption), the anticipated CIL charge amounts to £430,879.33. Equalities

10.39 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.

10.40 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.

10.41 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. Conclusion

10.42 The proposal is acceptable in principle and in respect of the following considerations design and impact on visual amenity impact on residential amenity including amenity space provision, parking, access and highway safety, landscaping, flood risk and waste storage. Accordingly, it is recommended that planning permission be granted subject to the completion of a suitably worded legal agreement and conditions.

12.0 Recommendation

1.1 That powers be delegated to the Development Team Manager to grant planning permission, subject to the receipt of an agreement or unilateral undertaking under Section 106 of the Town and Country Planning Act by 9 September 2016 or at a later date to be agreed in writing before this date.

1.2 Should the agreement or unilateral undertaking under Section 106 not be completed and signed within this timescale, it is recommended that the Head of Planning and Building Control be given delegated powers to refuse the planning application, for the reason set out below: Suitable provision for affordable housing and a fire hydrant has not been secured. The application therefore fails to adequately address the affordable housing and local infrastructure requirements arising as a consequence of the proposed form of development in conflict with Policies CS4 and CS21 of the Core Strategy (2013), Planning Obligations SPD 2010 and the Affordable Housing SPD 2015. 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 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

SADM31 of the Site Allocations and Development Management Policies Plan (as proposed to be modified June 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. 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 B. 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 satisfactory landscape treatment of the site which will enhance the character and appearance of the site and the area. To comply with Policy SADM13 of the Site Allocations and Development Management Policies Plan (as proposed to be modified June 2016), E7 and E8 of the Hertsmere Local Plan 2003, Policies CS12 and CS20 of the Hertsmere Core Strategy 2013 and the NPPF paragraphs 109 and 118. 04. NO DEVELOPMENT SHALL TAKE PLACE BEFORE details of the proposed finished floor levels; ridge and eaves heights of the buildings hereby approved have 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 SADM14 and SADM15 of the Site Allocations and Development Management Policies Plan July 2015, Policies SADM3, SADM11, SADM16, SADM31, SADM41 of the Site Allocations and Development Management Policies Plan (as proposed to be modified June 2016), Policies E7 and E8 of the Hertsmere Local Plan 2003, Policy CS22 of the Hertsmere Core Strategy 2013 and the NPPF paragraphs 17 and 56. 05. The bathroom windows to be created in the ground, first and second floor side elevations indicated on Plan Nos. 4295/P010B, 4295/P011B 4295/P012B and 4295/P013B 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 SADM31 of the Site Allocations and Development Management Policies Plan (as proposed to be modified June 2016), Policy CS22 of the Hertsmere Core Strategy 2013 and the NPPF paragraphs 17 and 56. 06. PRIOR TO COMMENCEMENT OF DEVELOPMENT a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas (other than small, privately owned, domestic gardens) shall be submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved management plan.

Reason: To ensure satisfactory landscape treatment of the site which will enhance the character and appearance of the site and the area. To comply with Policy SADM13 of the Site Allocations and Development Management Policies Plan (as proposed to be modified June 2016), E7 and E8 of the Hertsmere Local Plan 2003, Policies CS12 and CS20 of the Hertsmere Core Strategy 2013 and the NPPF paragraphs 109 and 118. 07. Before first occupation of the approved development, all access and junction arrangement serving the development shall be completed in accordance with the approved in principle plans and constructed to specification of the Highway Authority and Local Planning Authority's satisfaction. Reason: To ensure that the access is constructed to the current Highway Authority's specification as required by Local Planning Authority. To comply with Policy CS24 of the Core Strategy 2013, Policy M12 of the Local Plan 2003 and Policy SADM41 of the Site Allocations and Development Policies Plan 2015. 08. Construction of the development hereby approved shall not commence until a Construction Management Plan has been submitted to and approved in writing by the local planning authority in consultation with the highway authority. Thereafter, the construction of the development shall only be carried out in accordance with the approved Plan. The Construction Traffic Management plan shall include details of: a. Traffic management requirements; b. Construction and storage compounds (including areas designated for car parking); c. Siting and details of wheel washing facilities; d. Cleaning of site entrances, site tracks and adjacent public highway; e. Timing of construction activities to avoid school pick up / drop off times; f. Provision of sufficient on-site parking prior to commencement of construction activities; g. Post construction restoration / reinstatement of the working areas and temporary access to the public highway. Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way. To comply with Policy CS24 of the Core Strategy 2013, Policy M12 of the Local Plan 2003 and Policy SADM41 of the Site Allocations and Development Management Policies Plan 2015. 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 SADM14 and SADM15 of the Site Allocations and Development Management Policies Plan July 2015, SADM16 of the Site Allocations and Development Management Policies Plan (as proposed to be modified June 2016), Policy CS16 of the Hertsmere Core Strategy 2013, and the NPPF paragraph 100. 10. Development shall not commence until a drainage strategy detailing any on and / or off-site drainage works, has been submitted to and approved by, the local planning authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed. Reason: The development may lead to sewage flooding; to ensure that sufficient capacity is made available to cope with the new development; and in order to avoid

adverse environmental impact upon the community. To comply with Policy CS16 of the Core Strategy 2013, Policy D3 of the Local Plan 2003 and Policy SADM15 of the Site Allocations and Development Management Policies Plan 2015. General Reasons for Granting Permission This application has been considered in light of the following policy, guidance and legislation: the Policy Practice Guidance, the National Planning Policy Framework 2012, Policies SP1, SP2, CS1, CS2, CS4, CS7, CS12, CS16, CS21, CS22, CS24 and CS25 of the Core Strategy 2013, Policies C7, H8, D20, D21, M2, M12 and D3 of the Local Plan 2003, Policies SADM3 (NPPF paras. 17, 47, 50, 56 & 57), SADM13, SADM15 (NPPF para. 109), SADM16 (NPPF paras. 100 – 103), SADM18 (NPPF para. 103), SADM20, SADM29 (NPPF para. 92), SADM31 (NPPF paras. 17, 56 & 57) and SADM41 (NPPF paras. 29, 30, 34 & 35) of the Site Allocations and Development Management Policies Plan 2015. Part D 2013 of the Planning and Design Guide SPD, the Affordable Housing SPD 2015, the Parking Standards SPD 2014, the Planning Obligations SPD 2010, the Interim Technical Note on Waste Storage Provision for New Residential Developments and the Equality Act 2010 as amended. The proposal is acceptable in principle and in respect of the following considerations design and impact on visual amenity, impact on residential amenity including amenity space provision, parking, access and highway safety, landscaping, flood risk and waste storage.

13.0 Background Papers 1. The Planning application (16/0127/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. The Council acted pro-actively through early engagement with the applicant at the pre-application stage and during the determination process which lead to improvements to the scheme. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraphs 186, 187 and 188) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012. 2. Policy, Guidance and Legislation This application has been considered in light of the following policy, guidance and legislation: the Policy Practice Guidance, the National Planning Policy Framework 2012, Policies SP1, SP2, CS1, CS2, CS4, CS7, CS12, CS16, CS21, CS22, CS24 and CS25 of the Core Strategy 2013, Policies C7, H8, D20, D21, M2, M12 and D3 of the Local Plan 2003, Policies SADM3 (NPPF paras. 17, 47, 50, 56 & 57), SADM13, SADM15 (NPPF para. 109), SADM16 (NPPF paras. 100 - 103), SADM18 (NPPF para. 103), SADM20, SADM29 (NPPF para. 92), SADM31 (NPPF paras. 17, 56 & 57) and SADM41 (NPPF paras. 29, 30, 34 & 35) of the Site Allocations and Development Management Policies Plan 2015. Part D 2013 of the Planning and Design Guide SPD, the Affordable Housing SPD 2015, the Parking Standards SPD 2014, the Planning Obligations SPD 2010, the Interim Technical Note on Waste Storage Provision for New Residential Developments, the Equality Act 2010 as amended.

3. Waste Comments Thames Water requests that the Applicant should incorporate within their proposal, protection to the property by installing for example, a non-return valve or other suitable device to avoid the risk of backflow at a later date, on the assumption that the sewerage network may surcharge to ground level during storm conditions. Surface Water Drainage - With regard to 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 fro 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 0800 009 3921. Reason: to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system. In respect of the above piling condition requiring a piling method statement, piling has the potential to impact on local underground sewerage utility infrastructure. The applicant is advised to contact Thames Water Developer Services on 0800 009 3921 to discuss the details of the piling method statement. Thames Water would recommend that petrol / oil interceptors be fitted in all car parking / washing / repair facilities. Failure to enforce the effective use of petrol / oil interceptors could result in oil-polluted discharges entering local watercourses. Thames Water would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. Thames Water would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 020 3577 9483 or by emailing wwqriskmanagement@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality. Water Comments With 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 - Tel - 0845 782 3333. 4. This decision is also subject to a planning obligation under section 106 of the Town and Country Planning Act 1990 the purpose of which is to exercise controls to secure the proper planning of the area. The planning obligation runs with the land and not with any person or company having an interest therein. 5. 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. 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 engineering.services@hertsmere.gov.uk 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. 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 engineering.services@hertsmere.gov.uk 6. 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. 7. Bats Bats and their roosts are protected at all times under domestic and European Law. Works should proceed with caution, and in the event of bats or evidence of them being found, work must stop immediately and advice taken on how to proceed lawfully from one of the following: Natural England: 0300 060 3900, the UK Bat Conservation Trust

Helpline: 0345 1300 228, the Herts & Middlesex Bat Group website: www.hmbg.org.uk or a bat consultant. 8. Hertfordshire County Council Highway Authority The development will require significant demolition and deep excavation for the basement parking area. It should be noted that due to the close proximity to the public highway, the developer will be required to submit detailed construction plans to HCC prior to the commencement of works. The Developer should therefore contact the County Bridges and Structures Dept at County Hall, to obtain Technical Approval. Contact Herts Highways (0300 123 4047). The Applicant is also required to enter into a Section 278 Agreement with Highways to enable the associated highway works for the proposed access and associated highway works to be carried out by authorised contractors. Contact Herts Highways (0300 123 4047). Case Officer Details Brenda Louisy - Johnson - Email Address-brenda.louisyjohnson@hertsmere.gov.uk

http://www.hmbg.org.uk/