Agenda item

4/01821/18/FUL - TEMPORARY CHANGE OF USE OF LAND TO CAR PARK PROVIDING 90 SPACES INCLUDING 6 DISABLED SPACES TO DISCHARGE CONDITION 15i OF PLANNING PERMISSION 4/00122/16/MFA (CONSTRUCTION OF 8 HALF STOREY CAR PARK WITH ASSOCIATED WORK TO PROVIDE 312 SPACES + 15 DISABLED SPACES.) - THE MOOR, MILL STREET, BERKHAMSTED

Minutes:

Councillor Matthews declared a personal interest in the item as he knew one of the speakers.

R Marber introduced the item to members and advised it had been referred to committee as it was a council owned scheme and the design had been amended since previous approval on 6 September.

Members sought clarification that what they were deciding on was the access change and tree retention.

Jules Hollows spoke in objection to the application.

Nigel Abbott spoke in support of the application.

In his role as Ward Councillor, Councillor D Collins spoke in support of the application.

It was proposed by Councillor Birnie and seconded by Councillor C Wyatt-Lowe to grant the application in line with the officer’s recommendation.

Vote

For: 9               Against: 0                    Abstained: 2

Resolved

That planning permission be GRANTED subject to the following conditions:

1

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason:  To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

2

After one year operation the use hereby permitted shall cease and any associated plant, materials and equipment shall be removed and any necessary works of reinstatement in accordance with the landscaping scheme approved within condition 6 shall be carried out.

 

The reinstatement works shall have been fully completed within 3 months post this one year period.

 

Reason:  The proposed use could be detrimental to the amenities of the locality and the local planning authority wishes to have the opportunity to review the development in the light of operational experience; in accordance with Saved Policies 73, 75, 116 and Saved Appendix 6 of the Local Plan (2004).

 

 

3

The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

 

DBC/018/002 Rev C Received 29/10/18

Planning, Design and Access Statement & Open Space Assessment October 2018

Bat Tree Inspection Report 31st August 2018

Arboricultural Report October 2018 180734-PD-11 rev. F

Air Quality Assessment October 2018

2200/1100/320

HST/1100/001 July 2011

HST/1100/021 July 2011

HST/1100/022 July 2011

Temporary Car Park, Berkhamsted Transport Statement dated 16th July 2018

Built Heritage Appraisal July 2018

Cellpave Anchored Ground Reinforcement Paver Material Detailing

The Moor, Berkhamsted Flood Risk Appraisal Dated 24/08/18

Sequential Test and Exception Test August 2018

Bat Tree Inspection ref:A082119-1 31st August 2018

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

4

No pay and display machines shall be installed until details of the proposed scale of the pay and display machines shall have been submitted to and approved in writing by the local planning authority.

 

Works shall be carried out in accordance with these approved details.

               

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area; in accordance with Policy CS12 of the Core Strategy (2013).

 

5

Prior to the first occupation or use of the development hereby permitted a reinstatement landscape plan shall be submitted to and approved in writing by the Local Planning Authority.

 

This landscaping plan shall include the following details:

 

- returfing and tree planting which shall include details of planting plans; location; written specifications; schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate.

- A plan detailing the closure of the vehicle access and foot path and reinstatement of the highway grass verge; and

- De-compaction measures to restore the surface to its former soil bulk density.

The re-instatement landscape plan shall be implemented after the use hereby approved has continued for a period of one year.          

Reason:  To ensure a high quality landscaping is restored to the site and to safeguard the visual character of the conservation immediate area; in accordance with Policies CS12 and CS27 of the Core Strategy (2013) and Saved Policies 99 and 100 of the Local Plan (2004).

 

6

All planting, seeding or turfing and soil preparation comprised in the approved details of the reinstatement landscaping detailed in condition 6 shall be carried out in the first planting and seeding seasons following one year post implementation of the development hereby approved; and any trees or plants which within a period of five years from this date die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation. All landscape works shall be carried out in accordance with the guidance contained in British Standards unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure proper reinstatement of the site and implementation of the agreed landscape details in the interest of the amenity value of the development; in accordance with Saved Policies 99 and 100 of the Local Plan (2004) and Policy CS12 of the Core Strategy (2013).

 

7

On-site arboricultural supervision is required during the hand excavation of the crossover, and during installation of the ground protection. Site monitoring reports should be prepared by the arboriculturalist as part of this supervision. The monitoring reports should include photographs of roots seen, including a record of their sizes and whether pruned or retained. The monitoring reports should be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the use of the development hereby permitted.

Reason: To ensure protection of the trees during site construction; in accordance with Saved Policies 99 and 100 of the Local Plan (2004).

 

8

Excavation of the kerb for the construction of the crossover shall be undertaken under supervision of a suitably-qualified appointed arboriculturist and suitably-qualified representative of the Local Planning Authority (e.g. Tree Officer). Work shall be undertaken using hand-held tools only, and care shall be taken to preserve roots encountered. Roots with diameters of less than 25mm may be pruned using secateurs or hand-held pruning saw. Roots with diameters exceeding 25mm shall only be removed if given verbal approval by the suitably-qualified representative of the Local Planning Authority whom shall be present on site during construction of the crossover.

Reason: To ensure protection of the trees during site construction; in accordance with Saved Policies 99 and 100 of the Local Plan (2004).

Informative

If root(s) with diameters exceeding 25mm are assessed to be important to tree health and agreement is not given to their pruning by the Local Planning Authority they shall be retained and an alternative engineered access designed to facilitate their retention. 

 

 

9

No development (excluding ground works) shall take place until details of an exterior lighting plan has been submitted to and approved in writing by the local planning authority.  These details shall include:

 

·         Specifications of lighting including: luminaire and lamp type, beam control, wattage, the use of reflectors, baffles, louvres, cowling (including colouring), lux contours/distribution diagrams and column type/colour;

·         A lighting statement clarifying the precise lighting impact in relation to nearby housing and how the installation minimises light pollution in relation to the control criteria specified by the Institution of Lighting Engineers’ ‘Guidance Notes for the Reduction of Light Pollution’;

·         Cable route servicing the lights;

·         A maintenance programme (after-care); and

·         Hours of use;

Exterior lighting works shall be carried out in accordance with the approved details for the lifetime of the development.

               

Reason: To safeguard and mitigate light pollution and illumination levels from the scheme; in accordance with Saved Appendix 8 and Policy 113 of the Local Plan (2004).

 

10

No development shall take place until a surface water drainage scheme for the temporary phase, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the critical storm event will not exceed the run-off from the undeveloped site following the corresponding rainfall event and provide pre-development greenfield run-off rates where possible.

The scheme shall also include:

1.    Drainage strategy including a detailed drainage plan with discharge into the either the River or GUC.

2.    Implementation of runoff control measures

3.    Provide source control measures such as permeable paving, infiltration trenches to ensure surface water run-off from the proposed car parking and roads can be  treated in a sustainable manner and reduce the requirement for maintenance of underground features.

 

The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

Reason: Due to the nature of this condition it necessary to be pre-commencement to prevent the increased risk of flooding, both on and off site and provide a betterment to flood risk, water quality and biodiversity through the implementation of an appropriate SuDS scheme in accordance with Policy CS31 of the Core Strategy (2013). The pre-commencement nature of this condition has been agreed by the applicant.

 

11

Prior to construction of the development hereby approved a Construction Management Plan shall have been submitted to and approved in writing by the Local Planning Authority.

The Construction Management Plan shall include details of:

- Construction vehicle numbers, type, routing;

- Traffic management requirements;

- Construction and storage compounds (including areas designated for construction staff car parking);

- Siting and details of wheel washing facilities;

- Cleaning of site entrances, site tracks and the adjacent public highway; and

- Timing of construction activities to avoid school pick up/drop off times.

The construction of the development shall be carried out in accordance with these approved details.

Reason: In the interests of maintaining highway efficiency and safety; in accordance with Policies CS8 and CS12 of the Core Strategy (2013)

 

 

 

Supporting documents: