Agenda item

4/01446/18/FUL - TWO-STOREY REAR EXTENSION TO EXISTING DWELLING AND TWO-STOREY SIDE EXTENSION TO CREATE NEW DWELLING - 3 HILLSIDE COTTAGES, LEVERSTOCK GREEN ROAD, HEMEL HEMPSTEAD, HP3 8QB

Minutes:

M Stickley introduced the item to members and said it had been referred to committee as it had been called in by Councillor G Sutton.

Barry Peach and Sarah Cottingham spoke in objection to the application.

Kevin and Neil Harper spoke in support of the application.

Councillor Matthews asked for an additional condition to ensure the hardstanding was permeable.

It was proposed by Councillor Birnie and seconded by Councillor Tindall to grant the application in line with the officer’s recommendation with the additional condition.

Vote

For: 8               Against: 1                    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

Construction of the dwelling hereby permitted shall not commence until the following details have been submitted and approved in writing by the local planning authority:

 

Materials to be used in the construction of the external surfaces of the building, including bricks, chimneys, roof tiles, rainwater goods;

Design details including brick bond, window heads, cills and eaves details which can be provided at a metric scale of 1:20;

Joinery work and finishes.

 

Development shall be carried out in accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the character and appearance of the building group in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 119 of the Dacorum Borough Local Plan 1991-2011.

 

3

The materials (bricks, roof tiles, rainwater goods) to be used in the construction of the external surfaces of the extension hereby permitted shall match in size, colour and texture those used on the existing building at No. 3 Hillside Cottages.

 

Design details of the building shall also match those of the existing building including brick bond, window heads, cills and eaves details.  New joinery work shall match the materials, dimensions and profiles of existing work within the existing dwelling.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the character and appearance of the building group in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 119 of the Dacorum Borough Local Plan 1991-2011.

 

4

No construction works (excluding groundworks) shall take place until full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority.  These details shall include:

 

details for all external hard surfaces within the site, including roads, drainage detail and car parking areas;

means of enclosure;

soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

trees to be retained and measures for their protection during construction works including boundary vegetation;

provision of additional planting to offset vegetation removal; and

proposed finished levels or contours across the site.

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

                       

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 Dacorum Core Strategy and saved Policy 99 of the Dacorum Borough Local Plan 1991-2011.

5

Any tree 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 a tree or shrub of a species, size and maturity to be approved by the local planning authority.

 

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 Dacorum Core Strategy 2013 and saved Policy 99 of the Dacorum Borough Local Plan 1991-2011.

6

Prior to the commencement of the site works the applicant shall submit a Construction Management Plan setting out details of on-site parking for all contractors, sub-contractors, visitors and delivery vehicles, storage of materials to be approved in writing by the local planning authority and that area shall be maintained available for use at all times during the period of site works.

 

Reason:  To minimise danger, obstruction and inconvenience to users of the highway particularly the classified road (Leverstock Green Road) and noting the site constraints and land ownership of the green immediately in front of the site and associated parking restrictions, in accordance with Policies CS8 and CS9 of the Dacorum Core Strategy 2013.

 

7

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 further development of the dwelling hereby permitted falling within the following classes of the Order shall be carried out without the prior written approval of the local planning authority:

 

Schedule 2, Part 1, Classes A and B

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding the residential and visual amenity of the locality in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013.

8

The proposed parking spaces shall have measurements of at least 2.4m x 4.8m. Such spaces shall be maintained as a permanent ancillary to the development shall be paved and shall be used for no other purpose.

 

Reason: The above condition is required to ensure the adequate provision of off-street parking at all times in order to minimise the impact on the safe and efficient operation of the adjoining highway in accordance with Policy CS12 of the Dacorum Core Strategy 2013 and to ensure the adequate and satisfactory provision of off-street vehicle parking facilities in accordance with Policy CS12 of the Dacorum Core Strategy 2013 and saved Policy 58 of the Dacorum Borough Local Plan 1991-2011.

9

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

 

02

03

04

05

06

07

08

 

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

 

Article 35 Statement

 

Planning permission has been granted for this proposal.  The Council acted proactively through positive discussion with the applicant during the determination stage which led to improvements to the scheme.  The Council has therefore acted proactively in line with the requirements of the NPPF (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) Order 2015.

 

Ecology Informatives

 

The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage, or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act.

 

Trees and scrub within and immediately surrounding the site may contain nesting birds between 1st March and 31st August to early September inclusive.  Works to trees or which may have an impact on trees including any approved vegetation clearance or construction of boundary fencing or retaining walls should be undertaken outside of the bird breeding season during the dates above.

 

Construction of Access Informatives

 

Separate consent may be required if works, particularly hardstanding over the green, would impede access to common land or for works for the resurfacing of land.  If this applies, consent must be sought from the Planning Inspectorate on behalf of the Secretary of State for Environment, Food and Rural Affairs.  Further guidance can be obtained via the following link:

 

https://www.gov.uk/guidance/carrying-out-works-on-common-land

 

Highways Informatives

 

AN1. 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.

 

AN2. 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.

 

Thames Water Informatives

 

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 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 0800 009 3921. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

 

Thames Water would advise that with regard to sewerage infrastructure capacity, we would not have any objection to the above planning application.

 

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 us a scaled ground floor plan of your property showing the proposed work and the complete sewer layout to developer.services@thameswater.co.uk to determine if a building over / near to agreement is required.

 

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.

 

Construction Informatives

 

1). Noise on Construction/Demolition Sites - The attention of the applicant is drawn to the Control of Pollution Act 1974 relating to the control of noise on construction and demolition sites.

 

2). Construction Hours of Working – (Plant & Machinery) - In accordance with the councils adopted criteria, all noisy works associated with site demolition, site preparation and construction works shall be limited to the following hours: 0730hrs to 1830hrs on Monday to Saturdays, no works are permitted at any time on Sundays or bank holidays.

 

3). Construction Dust - Dust from operations on the site should be minimised by spraying with water or by carrying out of other such works that may be necessary to suppress dust. Visual monitoring of dust is to be carried out continuously and Best Practical Means (BPM) should be used at all times. The applicant is advised to consider the control of dust and emissions from construction and demolition Best Practice Guidance, produced in partnership by the Greater London Authority and London Councils.

 

Supporting documents: