Agenda item

4/01278/18/FUL - CHANGE OF USE OF UNIT 1 (CLASS D1 SURGERY/HEALTH CENTRE USE) TO CLASS A1 CONVENIENCE FOODSTORE, TOGETHER WITH CHANGE OF USE OF UNIT 2 (CLASS A1/A2/A3/A4 AND B1) TO THREE RESIDENTIAL UNITS (ONE 1-BED AND TWO 2-BED FLATS), TOGETHER WITH ASSOCIATED EXTERNAL ALTERATIONS, LANDSCAPING, AMENDMENT TO RICHMOND SQUARE AND PROVISION OF PARKING - UNITS 1 AND 2, RICHMOND SQUARE, HICKS ROAD, MARKYATE, AL3 8FL

Minutes:

J Gardner introduced the item and said it had been referred to committee due to the contrary views of Markyate Parish Council. There had been further late representations with 79 objection letters being submitted and a letter from JMS Planning that was distributed to members via email.

Councillor Tindall questioned whether an articulated lorry would be able to revserse around the corner safely.

S Whelan said that the delivery management plan that has been submitted states that only 10.5 metre lorries will be used for deliveries. This can be enforced.

Councillor Tindall said he would be happy if this was conditioned.

Jay Chandra, Julian Sutton and Serena Eccleston spoke in objection to the application.

Parish Councillor Sheila Pilkington spoke in objection to the application.

Jim Tarzey and Kelly Edwards spoke in support of the application.

It was proposed by Councillor Tindall and seconded by Councillor Ritchie to grant the application in line with the officer’s recommendation with the additional condition for the delivery management plan.

Vote

For: 2               Against: 1                    Abstained: 4

Resolved

That planning permission be DELEGATED with a view to approval, 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

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

 

102/1675/105     rev. C

PL/1675/002      rev. H

1675/001           Rev E

 

Drawing no. 09

Drawing no. 11

 

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

3

The materials to be used in the construction of the external alterations hereby permitted shall match in size, colour and texture those used on the existing building.

 

Reason:  To ensure a satisfactory appearance to the development, in accordance with Policy CS12 of the Dacorum Core Strategy/

4

The residential units hereby approved shall not be occupied until a scheme providing for the insulation of the building against the transmission of noise and vibration between both the residential and any non-residential part of the building has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out prior to first occupation of the new residential units and retained thereafter.

 

Reason: To ensure that adequate precautions are implemented to avoid noise nuisance, in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and paragraph 127 (f) of the NPPF (2018)

 

5

Development shall not commence until a scheme detailing provision for on-site parking for construction workers for the duration of the construction period has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented throughout the construction period.

 

Reason: To ensure adequate off-street parking during construction in the interests of highway safety.

6

The landscaping works shown on 1202/1675/105 rev. C shall be carried out prior to first occupation of Unit 1 and retained thereafter.

 

Reason: In the interests of the visual amenties of the area, in accordance with Policies CS11 and CS12 of the Core Strategy (2013). 

7

The customer and staff parking shown on 1202/1675/105 rev. C shall be provided prior to first occupation of Unit 1 and retained thereafter.

 

Reason: To ensure that sufficient parking is provided to serve the development, in accordance with saved Policies 57 and 58 of the Dacorum Local Plan (2004); saved Appendix 5 of the Dacorum Local Plan (2004) and Policy CS12 of the Dacorum Core Strategy (2013).

 

8

The 4 parking spaces shown on drawing no. 1675/001 rev E shall be kept permanently available for parking and retained for the sole use of the 3 residential units hereby approved.

 

Reason: To ensure that sufficient parking is provided to serve the development, in accordance with saved Policies 57 and 58 of the Dacorum Local Plan (2004); saved Appendix 5 of the Dacorum Local Plan (2004) and Policy CS12 of the Dacorum Core Strategy (2013).

 

 

9

In accordance with the Delivery and Servicing Management Plan (Issue 4) dated 14.11.18 (received on 14th November), vehicles delivering to the A1 store hereby approved shall not exc3eed 10.35 metres in length. No deliveries shall take place outside the specified delivery window.

 

Reason: For the avoidance of doubt and in the interest of highway safety, in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy (2013)

 

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 led 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

 

DBC Environmental Health

 

Un-expected Contaminated Land Informative

 

Our contaminated land record shows that the land is located on a landmark historic contaminated land use of an un-specified factory or works site of medium risk. There is a possibility that this may have affected the application site with potentially contaminated material. Therefore, I recommend that the developer be advised to keep a watching brief during ground works where applicable on the site for any potentially contaminated material. Should any such material be encountered, then the Council must be informed without delay, advised of the situation and an appropriate course of action agreed.

 

Construction Hours of Working – (Plant & Machinery) Informative

 

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.

 

Hertfordshire Highways

 

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

Environment Agency

 

Finished Floor Levels

 

We recommend that finished floor levels for the proposed development are set as high as is practically possible, ideally 300millimetres above the 1 in 100 chance in any year including an allowance for climate change flood level. This is to protect the proposed development from flooding.

 

Flood Risk Activity Permit

 

This development may require a permit under the Environmental Permitting (England and Wales) Regulations 2010 from the Environment Agency for any proposed works or structures, in, under, over or within eight metres of the culverted River Ver, designated a 'main river'. This was formerly called a Flood Defence Consent. A permit is separate to and in addition to any planning permission granted. Further details and guidance are available on the GOV.UK website:  https://www.gov.uk/guidance

 

Supporting documents: