Agenda item

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

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 based on the details of the materials specified by the approved drawings have been submitted and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.  Please do not send materials to the council offices.  Materials should be kept on site and arrangements made with the planning officer for inspection.

Reason:  In the interests of the character and appearance of the area  and in the interests of sustainable drainage to accord with the requirements of Policies CS11, CS12 and CS29 of the Dacorum Core Strategy.

3

The dwelling houses hereby permitted shall not be occupied until all of the respective parking and turning areas are provided and thereafter maintained in perpetuity

Reason: To ensure the provision of adequate parking and turning for vehicles so as not to compromise highway safety in accordance with Dacorum Core Strategy Policies CS8 and CS12   and saved Dacorum Borough Local Plan Policies 51 and  54.

4

During the demolition of the bungalow and thereafter for the entire period of the carrying out of the development all the retained planting shall be protected by measures  in accordance with the requirements with the British 5837: 2012:Trees in relation to design, demolition and construction, with the measures only being removed only after the completion of the whole development.

Within 3 months of this decision and notwithstanding any of the submitted details, a comprehensive structural soft landscaping scheme shall be submitted to the local planning authority .  The submitted details soft landscape works shall include plans, written specifications (including cultivation and other operations associated with plant and grass establishment), schedules of trees and plants, noting species, plant sizes and proposed numbers/densities where appropriate, including a tree and bird and bat boxes in each rear garden which shall be thereafter retained at all times incorporating the specified Enhancements ( para 4.2) of the submitted Bat Survey .

Reason: In the interests of the character and appearance of the area and biodiversity in accordance with Policies CS12 and CS29 of Dacorum Core Strategy.

5

Any tree, hedge or shrub which forms part of the approved landscaping scheme which within a period of five years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by another tree, shrub or section of hedge of the same species and size as that originally planted shall be planted at the same place in the next planting season, unless the local planning authority gives its written consent to any variation. For the purposes of this condition the planting season is between 1 October and 31 March.

Reason: To safeguard the local environment,  in the interests  of residential amenity, visual amenity and biodiversity in accordance with the requirements of Policies  CS12, CS26 and CS29 of the Dacorum Core Strategy.

6

The dwellinghouses hereby permitted shall not be occupied until al the  boundary treatment iis installed fully in accordance details submitted to and approved by the local planning authority. Thereafter all the approved boundary treatment walls and fencing fence shall be retained at all times.   

Reason: In  the interests of the residential amenity of the dwelling houses hereby permitted and the character and appearance of the area in accordance with Policy CS12 of Dacorum Core Strategy.

7

Within 7 days of the commencement of the demolition of the bungalow a Phase I Report to assess the actual or potential contamination at the site shall be submitted to and approved in writing by the local planning authority. If actual or potential contamination and/or ground gas risks are identified further investigation shall be carried out and a Phase II report shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development. If the Phase II report establishes that remediation or protection measures are necessary a Remediation Statement shall be submitted to and approved in writing by the Local Planning Authority.

For the purposes of this condition:

A Phase I Report consists of a desk study, site walkover, conceptual model and a preliminary risk assessment. The desk study comprises a search of           available information and historical maps which can be used to identify the likelihood of contamination. A simple walkover survey of the site is conducted to identify pollution linkages not obvious from desk studies. Using the information gathered, a 'conceptual model' of the site is constructed and a           preliminary risk assessment is carried out.

A Phase II Report consists of an intrusive site investigation and risk assessment. The report should make recommendations for further investigation and assessment where required.

A Remediation Statement details actions to be carried out and timescales so that contamination no longer presents a risk to site users, property, the environment or ecological systems.

Reason: To ensure that the issue of contamination is adequately addressed in accordance with Policy CBS 32 of the Dacorum Core Strategy.  

8

All remediation or protection measures identified in the Remediation Statement referred to in Condition 8 shall be fully implemented within the time scales and by the deadlines as set out in the Remediation Statement and a Site Completion Report shall be submitted to and approved in writing by the local planning authority prior to the first occupation of any part of the development hereby permitted.

For the purposes of this condition a Site Completion Report shall record all the investigation and remedial or protection actions carried out. It shall detail all conclusions and actions taken at each stage of the works including validation work. It shall contain quality assurance and validation results providing evidence that the site has been re mediated to a standard suitable for the approved use.

Reason: To ensure that the issue of contamination is adequately addressed in accordance with Policy CBS 32 of the Dacorum Core Strategy. 

Informative: The NPPF states that all site investigation information must be prepared by a competent person. This is defined in the framework as 'A person with a recognised relevant qualification, sufficient experience in dealing with the type(s) of pollution or land instability, and membership of a relevant professional organisation.  Contaminated Land Planning Guidance can be obtained from Regulatory Services or via the Council's website www.dacorum.gov.uk 

9

No development shall take place until a monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of 5 years shall have been submitted to and approved in writing by the local planning authority.

Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority for its approval in writing. 

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies CS31 and CBS 32 of the Dacorum Core Strategy.

10

Within 3 months of the commencement of the development hereby permitted details of a surface and foul water drainage system shall be submitted to and approved in writing by the local planning authority. The development shall be carried out and thereafter retained fully in accordance with the approved details.

Reason:  To ensure that the site is subject to an acceptable drainage system serving the development in accordance with the aims of Policies CS8 ,CS12 and CS31 of the Dacorum Core Strategy , including highway safety, and to protect groundwater to accord with the requirements of Policies CS31 and CS32 of the Dacorum Core Strategy.

11

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending or re-enacting that Order with or without modification) no development falling within the Schedule 2 Part 1 Class  B shall be carried out without the prior written approval of the local planning authority within the residential curtilages of the dwellinghouses hereby permitted:

Schedule 2 Part 1 Class  B

Reason To enable the local planning authority to retain control over the development in the interests of the character and appearance of the development/ area in accordance with Dacorum Core Strategy Policy CBS 12 .

12

Before the occupation of the dwellinghouses hereby permitted an exterior lighting scheme shall be submitted to the local planning authority and before the occupation of any of the dwellinghouses the approved exterior lighting scheme shall be installed and thereafter shall be retained and maintained fully in accordance with the approved details. The submitted lighting scheme hall include the lighting of the roadway, its footpath and the walkway/ footpaths linked to  the rear gardens.

Reason:In the interests of the local environment, highway safety , safe access and security in accordance with accord with the requirements of Policies CS8, CS12, CS29 and CS32 of the Dacorum Core Strategy and Policy 113 and Appendix 8 of the saved Dacorum Borough Local Plan.

13

Electric vehicle charging facilities and electronic communications equipment shall be installed before the occupation of each dwelling house hereby permitted fully in accordance with details submitted to and approved in writing by the local planing authority.  Thereafter all the approved facilities/ equipment shall be retained at all times. 

Reason: In accordance Paragraph 110 and  Part 10 of the National Planning Policy Framework.

14

Subject to the requirements of other conditions of this planning permission  the development hereby permitted shall be carried out in accordance with the following plans:

254 002 A

254 003 A

Reason:  To safeguard and maintain the strategic policies of the local planning authority and for the avoidance of doubt.

NOTE 1: ARTICLE 35 STATEMENT

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant 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 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

INFORMATIVES

Bats

UK and European Legislation makes it illegal to:

Deliberately kill, injure or capture bats;

Recklessly disturb bats;

Damage, destroy or obstruct access to bat roosts (whether or not bats are present).

Contacts:

English Nature                   01206 796666

UK Bat Helpline                 0845 1300 228 (www.bats.org.uk)

In the unlikely event that bats are unexpectedly found during any stage of the development, work should stop immediately and a suitably qualified ecologist should be contacted to seek further advice'.

Land Stability

The government advice is that where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner.

If  the developer is  concerned about possible ground instability consideration should be given by the developer in commissioning  the developer's own report.

Highway Issues

Obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence. Further information is available via the website: http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

Road Deposits: It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available via the website http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047