Agenda item

4/01941/18/OUT - CONSTRUCTION OF UP TO 3 NEW HOUSES, TWO NEW VEHICULAR ACCESSES AND WIDENING OF EXISTING VEHICULAR ACCESS. ALTERATIONS TO EXISTING HOUSE - SHOTHANGER, SHEETHANGER LANE, FELDEN, HEMEL HEMPSTEAD, HP3 0BG

Minutes:

Councillor Riddick declared a personal interest as he had called in the application. This did not affect his right to speak and vote on this item.

S Robbins introduced this item to members and said it had been referred to committee as it had been called in by Councillor Riddick. A late representation had been submitted and was distributed to members.

Anne Werbicki spoke in objection to the application.

Paul Smith spoke in support of the application.

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

Vote

For: 5              Against: 0                    Abstained: 2

Resolved

That planning permission be GRANTED subject to the following conditions:

1

Approval of the details of the siting, design and external appearance of the dwellings hereby approved and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced.

 

Reason: To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

2

Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

 

Reason: To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

3

The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved.

 

Reason:  To prevent the accumulation of planning permission; to enable the Council to review the suitability of the development in the light of altered circumstances and to comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

4

No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the local planning authority. The plan should consider all phases of the development. The construction of the development shall only be carried out in accordance with the approved Construction Management Plan, which shall include details of:

 

a) Construction vehicle numbers, type, routing

b) Traffic management requirements

c) Construction and storage compounds (including areas designated for car parking)

d) Siting and details of wheel washing facilities

e) Cleaning of site entrances, site tracks and the adjacent public highway

f) Timing of construction activities to avoid school pick up/drop off times

g) Provision of sufficient on-site parking prior to commencement of construction activities

h) Post construction restoration/reinstatement of the working areas and temporary access to the public highway

i) Construction or demolition hours of operation

j) Dust and noise control measure

k) Asbestos control measure where applicable

 

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way, in accordance with Core Strategy (2013) Policy CS8.

5

No development shall take place until a Phase I Report to assess the actual or potential contamination at the site has been 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 and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

6

All remediation or protection measures identified in the Remediation Statement referred to in Condition 6 above shall be fully implemented within the timescales 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 remediated to a standard suitable for the approved use.

 

Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32 and the NPPF (2018).

7

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

 

Hard surfacing materials

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

Arboricultural Method Statement detailing construction techniques to limit detrimental impact to root systems

Trees to be retained and measures for their protection during construction works

Mitigation tree planting in the form of a Planting Scheme to offset tree losses

Proposed finished levels or contours

Car parking layouts

Minor artefacts and structures (e.g. refuse or other storage units, external lighting etc).

 

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 (2013).

8

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).

9

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

 

03 revision A

 

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

 

Article 35

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

INFORMATIVES

 

Contaminated Land

 

1. Paragraph 121 of 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

 

2. In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the Local Planning Authority with all works temporarily suspended because, the safe development and secure occupancy of the site lies with the developer.

 

 

Supporting documents: