Agenda item

Change of use of existing building from care home (C2) use to a nursery (Class E) including partial demolition of existing single storey rear extension and construction of two storey front extension; provision of spiral stairs, ramp access, green roof, rooflights and vents; repairs to boundary wall with associated parking and landscaping works; and widening of existing access track, internal alterations and alterations to fenestration at Croxley House, Croxley Green, Rickmansworth.

Recommendation: that planning permission is granted subject to conditions.

The application was for change of use of existing building from care home (C2) use to a nursery (Class E) including partial demolition of existing single storey rear extension and construction of two storey front extension; provision of spiral stairs, ramp access, green roof, rooflights and vents; repairs to boundary wall with associated parking and landscaping works; and widening of existing access track, internal alterations and alterations to fenestration at Croxley House, Croxley Green, Rickmansworth.

The planning application and the associated Listed Building Consent application at agenda item 6 were considered together.

The Planning Officer reported that there were no updates, and for the benefit of Committee Members summarised the reason for the application being now before the committee.

The applications had been brought to Planning Committee in November 2023, and in accordance with the officer recommendation Members had resolved to grant both planning permission and Listed Building Consent which would have allowed the conversion and extension of the building for use as a children’s nursery. The resolution to grant planning permission was subject to the completion of a S106 Agreement, as required by Hertfordshire Highways, to secure a full Travel Plan and monitoring fee in accordance with Hertfordshire County Council’s Travel Plan Guidance. The Travel Plan was required in order to incorporate measures to promote sustainable transport; the County Council’s full requirements for the Travel Plan were set out in full in its consultee comments at paragraph 4.1.7.1 of the officer report.

Since November 2023, the Local Planning Authority had allowed the applicant a significant length of time to progress and complete the S106 Agreement. However, to date it had not been completed: it was understood that this was due to issues with the existing landowner. Given the length of time which had now passed, it was considered very unlikely that a S106 agreement would be finalised. Therefore, officers had had further discussions with HCC which had re-considered the application and the requirement for a Travel Plan to be secured via a S106 Agreement. Whilst a S106 agreement would have been the preferred mechanism to secure the Travel Plan and monitoring fee, HCC had confirmed that it would not be able to defend a reason for refusal on the basis of failure to complete a S106 Agreement. As such, it had confirmed that it would be content for the Travel Plan to instead be secured via a condition only. Accordingly, this application was being brought to the Committee in order for Members to consider to the removal of the requirement for a S106 Agreement and for the Travel Plan to instead be secured via a condition only, with no monitoring fee payable to the County Council. 

The application was in all other respects identical to the previously approved scheme, and whilst officers had re-assessed it within the new National Planning Policy Framework it was not considered that there would be any harm to the Green Belt or to heritage assets, nor any requirement for Very Special Circumstances to be demonstrated.

Committee Members asked questions about the details of the application which were responded to by officers.  The Committee’s discussions included the following:

·        A Committee Member questioned whether the Travel Plan would still be monitored if secured by condition, given that a monitoring fee was no longer being sought.  Officers responded that the Travel Plan itself would include an obligation for certain monitoring activities to be undertaken and periodically reported to the County Council.  Therefore, there was no change in the level of control provided.  The difference was that the County Council would no longer receive any fee to review the documentation.  The Local Planning Authority could take enforcement action against any failure to comply with the planning condition in the event that the required monitoring and reporting was not carried out.

·        A Committee Member sought assurance that sufficient attempts had been made to secure the S106 Agreement, in order to be able to determine whether the approach presented to the Committee represented the most appropriate way forward.  The Planning Officer responded that there had been regular communication by officers with the applicant since the committee’s resolution in November 2023.  However, the consent of a number of landowners was required to secure the agreement, and planning officers had not been party to those negotiations.

Councillor Cooper moved, and Councillor Mitchell seconded, that planning permission be granted subject to conditions.

On being put to the vote this was carried, the voting being unanimous.

RESOLVED:

That planning permission be granted subject to conditions.