Agenda item

4/00958/18/MFA - HYBRID PLANNING APPLICATION FOR 226 DWELLINGS, CEMETERY CAR PARK WITH TOILET BLOCK AND PUBLIC OPEN SPACE (DETAILS SUBMITTED IN FULL). AND 0.75 HECTARES OF EMPLOYMENT SPACE (B1a, b and c) AND A CEMETERY EXTENSION OF 1.7 HECTARES WITH ALL MATTERS RESERVED (DETAILS SUBMITTED IN OUTLINE) - LA5, LAND AT ICKNIELD W\Y, TRING, HERTS

Minutes:

4/00958/18/MFA - HYBRID PLANNING APPLICATION FOR 226 DWELLINGS, CEMETERY CAR PARK WITH TOILET BLOCK AND PUBLIC OPEN SPACE (DETAILS SUBMITTED IN FULL).   AND 0.75 HECTARES OF EMPLOYMENT SPACE (B1a, b and c) AND A CEMETERY EXTENSION OF 1.7 HECTARES WITH ALL MATTERS RESERVED (SUBMITTED IN OUTLINE)

 

LA5, LAND AT ICKNIELD WAY, TRING, HERTS

 

The Case Officer introduced the report to members and said it had been referred to committee because of the Contrary views of the Town Council

 

It was proposed by Councillor Conway and seconded by Councillor Birnie to defer the application due to concerns over the lack of notification given to the town council.

 

Vote

 

For: 3               Against: 4                    Abstained:1

 

Having there been no majority to defer the application it was proposed by Councillor C.Wyatt-Lowe and seconded by Councillor Matthews to grant the application in line with the officer’s recommendations

 

Vote

 

For: 4               Against: 0                    Abstained:4

 

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL subject to:

 

·         receipt of amended plans and information as detailed in the report

·         receipt of no objections from Herts Highways

·         receipt of no objections from HCC Ecology Officer with regards to seeking greater ecological enhancements

·         receipt of no objections from Environmental Health in respect of noise

·         final drafting of conditions and / or such other conditions as may be required

·         agreement of pre-commencement conditions with applicant, and

·         completion of a s106 agreement.

 

No

Condition

1

The development the subject of full details 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 in relation to the full element of the permission shall take place until a Phasing Plan in relation to that element shall have been submitted to and approved in writing by the local planning authority.

Reason: For the avoidance of doubt and to ensure that the conditions are discharged separately in relation to the outline and full elements of the permission.

 

3

No development in relation to the full element of the permission (other than demolition, site preparation, groundworks, site investigation and remediation) shall take place within an agreed phase (under Condition 2) until samples and / or details of the materials to be used in the construction of the external walls and roofs of the development hereby permitted shall have been submitted to and approved in writing by the local planning authority. Sample panels of the materials for the dwellings and boundary walls should be constructed on site to agree the final brick, mortar, flintwork, tiles/ slates and landscaping materials. Development shall be carried out in accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013).

 

4

Notwithstanding any details submitted, no development in relation to the full element of the permission (other than demolition, site preparation, groundworks, site investigation and remediation) shall take place until details of the following to be used in the construction of the development hereby permitted shall have been submitted to and approved in writing by the local planning authority:

 

1:20 details of all windows and doors (including finished colour and materials, and vertical cross sections through the openings)

1:20 details of all eaves cross sections, bargeboards and fascias (including finished colour and materials)

1:100 details of means of enclosure in relation to both closing ends of the buffer strip to rear of Plots 155 and 157-167 and details of how its access / security shall be managed

Details of rainwater goods

Details of any external flues, gas pipes, vents, extracts, metre cupboards

 

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

 

Reason:  To ensure a satisfactory appearance to the development and in the interest of Secured by Design objectives in accordance with Policy CS12 and 27 of the Dacorum Core Strategy (September 2013) and saved Policy 97 of the Dacorum Borough Local Plan 1991-2011.

 

5

The chimneys shown on the approved plans in relation to the full element of the permission shall be constructed as a necessary and integral part of the development.

 

Reason: For the avoidance of doubt and to ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

6

Prior to the commencement of any part (full or outline) of the development (including demolition works), the trees shown for retention on the approved Tree Protection Plan EDP 1 and EDP 1 (Sheets 1 to 4) contained within the Arboricultural Impact Assessment (Incorporating Arboricultural Method Statement and Tree Protection Measures) edp4539_r004c, Jan 2019, prepared by EDP shall be protected during the whole period of site demolition, excavation and construction in accordance with details contained therein. The tree protection measures shall be retained in place, shall not be moved and no materials, plant, soil or spoil shall be stored within the area so protected.

 

Reason:  In order to ensure that damage does not occur to the trees during demolition works and building operations in accordance with Policy CS12 of the Dacorum Core Strategy September 2013 and saved Policy 99 of the Dacorum Borough Local Plan 1991-2011. The details are required before commencement of development for if they are deferred until after the development has begun, demolition and buildings works would potentially result in harm to the health and survival of trees to the detriment of the visual amenities of the development and area.

 

7

Notwithstanding any details submitted, no development in respect of the full element of the permission (other than demolition, site preparation, groundworks, site investigation and remediation) shall take place within an agreed phase (under Condition 2) until full details of both hard and soft landscape works for that phase shall 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 (including replacement tree planting); 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;

proposed finished levels or contours;

biodiversity enhancement measures;

external lighting including any street lighting;

Minor artefacts and structures (e.g. furniture, storage units, signs etc.);

Proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc., indicating lines, manholes, supports etc.);

On-going management and maintenance plan for the hard and soft landscaping.

 

The approved landscape works shall be carried out prior to the first occupation of any part of the phase to which it relates. 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 and maintained until satisfactorily established.

 

Reason:  To ensure a safe and satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policies CS12, CS13 and CS29 of the Dacorum Core Strategy (September 2013) and Policies 99, 100 and 129 of the Dacorum Borough Local Plan 1991-2011.

 

8

The development hereby permitted in relation to the full element of the permission shall be carried out in accordance with the submitted and approved Sustainability Statement and CS29 Sustainability Checklist. 

 

Reason:  To ensure the sustainable development of the site in accordance with Policy CS29 of the Dacorum Core Strategy September 2013.

 

9

No development in relation to the full element of the permission (other than demolition, site preparation, site investigation and remediation) shall take place within an agreed phase (under Condition 2) until details of the proposed slab, finished floor and ridge levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land shall have been submitted to and approved in writing by the local planning authority.  The buildings shall be constructed in accordance with the approved levels.

 

Reason:  For the avoidance of doubt and in the interest of residential amenities and to ensure a satisfactory form of development in accordance with Policies CS11, 12 and 13 of the Dacorum Core Strategy September 2013.

 

10

No external lighting in relation to the full element of the permission (including street lighting) shall be installed within an agreed phase (under Condition 2) until a detailed lighting scheme and statement for that phase shall have been submitted to and approved in writing by the local planning authority. The details submitted shall have regard to the criteria and guidance within Saved Appendix 8 of the Dacorum Borough Local Plan 1991-2011 in order to minimise the impact of lighting on the surrounding AONB. Development shall be carried out in accordance with the details approved.

 

Reason: To comply with paragraph 180 of the National Planning Policy Framework (2018) and Appendix 8 of the Dacorum Borough Local Plan 1991-2011 as the lighting at this location adjacent to and within the Chilterns AONB should be designed to minimise problems of glare and unnecessary light pollution by ensuring that the level of luminance is appropriate for the location, is sustainable and efficient, and protect the natural beauty of the AONB.

 

11

No development in relation to the full element of the permission shall take place until a Construction Management Plan shall have been submitted to and approved in writing by the local planning authority. The plan should consider all phases of the development. The statement shall provide for:

 

1. Construction vehicle numbers, type, routing

2. Traffic management requirements

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

4. Siting and details of wheel washing facilities

5. Cleaning of site entrances, site tracks and the adjacent public highway

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

7. Provision of sufficient on-site parking prior to commencement of construction activities

8. Post construction restoration/reinstatement of the working areas and temporary access to the public highway.

 

The details shall include a plan showing the proposed location of these areas. The approved statement shall be adhered to throughout the construction period.

 

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 and saved Policy 51 of the Dacorum Borough Local Plan 1991-2011. The details are required before commencement of development as it is necessary to ensure that the measures are planned and in place to deal with the matters listed.(Contact: Highways and Environmental Health)

 

12

No development in relation to the full element of the permission hereby permitted shall be occupied within an agreed phase (under Condition 2) until the proposed access and turning areas shall have been laid out, demarcated, levelled, surfaced and drained in accordance with the approved plans and retained thereafter available for that specific use. On-site car parking / cycle storage shall be provided to serve the dwelling it serves before occupation of the dwelling concerned, or in the case of the flats, shall be provided before occupation of any of the flats in the block concerned. The parking bays shall comply with the following minimum dimensions

 

Hardstanding’s

 

2.5 m x 5 m with 150mm buffer either side when situated between buildings

Single bays between flank walls

3.4 m minimum width

Double bays between flank walls

6 m minimum overall width

Single garages counting as parking spaces

 

3.25 m x 6m clear internal dimensions

 

 

 

Arrangements shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

 

Reason: To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway and to ensure satisfactory parking provision in order to avoid harm to highway safety in accordance with Policy CS12 of the Dacorum Core Strategy September 2013 and saved Policies 51, 54 and 58 of the Dacorum Borough Local Plan 1991-2011.

 

13

The development in relation to the full element of this permission shall be carried out in accordance with the approved Flood Risk Assessment and Drainage Strategy by Woods Hardwick Infrastructure LLP reference 17918/FRA dated August 2018 and the following mitigation measures:

 

1. Providing attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + 40% climate change event.

2. Implementing appropriate drainage strategy to permeable paving, infiltration basin and soakaways as indicated on the Drainage layout drawings 17918-TRIN-5-200-D and 17918-TRIN-5-201-D

 

Reason: To reduce the risk of flooding to the proposed development and future occupants in accordance with Policy CS31 of the Dacorum Core Strategy September 2013.

 

14

No development in relation to the full element of the permission (other than demolition, site preparation, site investigation and remediation) shall take place until the final design of the drainage scheme shall have been submitted to, and approved in writing by, the local planning authority. The surface water drainage system shall be based on the submitted Flood Risk Assessment and Drainage Strategy by Woods Hardwick Infrastructure LLP reference 17918/FRA dated August 2018. The scheme shall also include;

 

1. Detailed engineered drawings of the proposed SuDS features including their, location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance climate change event. The plan should show any pipe 'node numbers' that have been referred to in network calculations and it should also show invert and cover levels of manholes.

2. Details regarding any areas of informal flooding (events those exceeding 1 in 30 year rainfall event), this should be shown on a plan with estimated extents and depths.

3. Details of final exceedance routes, including those for an event which exceeds to 1:100 + cc rainfall event.

 

The approved scheme shall be completed before the development is first occupied.

 

Reason: To reduce the risk of flooding to the proposed development, future occupants and surrounding area in accordance with Policy CS31 of the Dacorum Core Strategy September 2013.

 

15

Prior to first occupation of any part of the full element of the permission, a management and maintenance plan for the SuDS features and drainage network shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include maintenance and operational activities; arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime. The scheme shall subsequently be managed and maintained in accordance with the details approved.

 

Reason: To ensure the on-going upkeep and maintenance of the drainage scheme in order to reduce the risk of flooding to the proposed development and future occupants in accordance with Policy CS31 of the Dacorum Core Strategy September 2013.

 

16

No demolition or groundworks shall take place in relation to the full element of the permission until details of measures to recycle and reduce demolition and construction waste which may otherwise go to landfill, shall have been submitted to and approved in writing by the local planning authority. The measures shall be implemented in accordance with the approved details.

 

Reason: To accord with the waste planning policies of the area, Policy CS29 of the Dacorum Core Strategy (September 2013), saved Policy 129 of the Dacorum Borough Local Plan 1991-2011 and Policies 1, 2 and 12 of the Hertfordshire County Council Waste Core Strategy and Development Management Policies Development Plan Document 2012 which forms part of the Development Plan.

 

17

No development in relation to the full element of the permission (other than demolition, site preparation, groundworks, site investigation and remediation) shall take place until an air quality report assessing the impacts of the proposed development on the surrounding environment and uses shall have been submitted to and approved in writing by the Local Planning Authority. The source of energy for the homes, amongst other pollutant aspects of the proposed development, must be considered within the report. The report shall indicate areas where there are, or are likely to be, breaches of an air quality objective. If there are predicted exceedances in exposure to levels above the Air Quality Objectives then a proposal for possible mitigation measures should be included.

 

Reason: The site is within 0.8 – 1.6 miles of two passive monitoring locations of which the previous and current NO2 concentration is close to the AQ objective; the size of the proposed development and number of car parking spaces would indicate that the amenities of neighbouring premises should be protected from impacts on air quality arising from the development in accordance with Policies CS8 and CS32 of the Core Strategy (2013) and having regard to the Environment Act 1995, Air Quality Regulations and subsequent guidance.

 

18

The development in relation to the full permission shall not be occupied until details of the crime prevention measures to be incorporated into the development in order to meet Secured by Design part 2 certification shall have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the measures approved which shall thereafter be retained and adequately maintained at all times.

 

Reason:  To ensure a secure and safe form of development for the residents in accordance with Policies CS11 and 12 of the Dacorum Core Strategy September 2013. Building to the physical security of Secured by Design, which is the police approved minimum security standard, will reduce the potential for burglary by 50% to 75%. SBD housing developments suffer at least 50% less burglary, 25% less vehicle crime and 25% less criminal damage.

 

19

A. No development in relation to the full element of the permission shall take place until a Written Scheme of Investigation has been submitted to and approved in writing by the local planning authority.  The scheme shall include an assessment of significance and research questions; and

 

1. The programme and methodology of site investigation and recording

2. The programme and methodology of site investigation and recording as

   suggested by the evaluation

3.The programme for post investigation assessment

4. Provision to be made for analysis of the site investigation and recording 

4. Provision to be made for publication and dissemination of the analysis and

   records of the site investigation

4. Provision to be made for archive deposition of the analysis and records of

   the site investigation

5. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

 

Development shall take place in accordance with the approved Written Scheme of Investigation.

 

B. The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation and the provision made for analysis, publication and dissemination of results and archive deposition under points 3, 4 and 5 above has been secured.

 

Reason:  To ensure that reasonable facilities are made available to record archaeological evidence in accordance with Policy CS27 of the Dacorum Core Strategy September 2013 and saved Policy 118 of the Dacorum Borough Local Plan 1991-2011. The details are required before commencement of development as if they are deferred until after the development has begun, the opportunity for a proper archaeological investigation will have been missed.

 

20

Should the development in relation to the full element of the permission have CHP or biomass boilers, no such boilers shall be installed until details shall have been submitted to and approved in writing by the local planning authority in relation to the following matters:

 

a.    Evidence to demonstrate compliance with Band B Emission Standards for Solid Biomass Boilers and CHP Plant as listed in Appendix 7 of the London Plan's Sustainable Design and Construction SPG document. 

 

b.    Details of the boilers / stacks which shall have dry NOx emissions not exceeding 40 mg/kWh (0%).

  

c.    Details to demonstrate that the CHP will have a discharge stack which is at least 3m above any openable windows or ventilation air inlets within a distance of 5Um. 

 

Reason: To ensure an acceptable appearance and that the amenities of the neighbouring premises are protected from increased air quality arising from the development in accordance with Policies CS8, CS12 and CS32 of the Dacorum Core Strategy (2013).

 

21

No properties in relation to the full element of the permission shall be occupied until confirmation has been provided that either:- all water network upgrades required to accommodate the additional flows to/from the development have been completed; or - a housing and infrastructure phasing plan has been agreed with Thames Water to allow additional properties to be occupied. Where a housing and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed housing and infrastructure phasing plan.

 

Reason: The development may lead to no / low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development.

 

22

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 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 E (Plots 5-11, 18-20, 25, 27, 28, 31-34, 37-39, 55, 57, 60-63, 66, 69, 73-76, 81, 83, 85, 99-102, 107, 111-113, 120, 123, 125, 130-133, 135, 141-144, 149-152, 154-156, 166, 167, 185, 191-193, 197, 200, 202, 209, 226)

 

Schedule 2 Part 1 Class B (all plots other than 157-165) 

 

Schedule 2 Part 14 Class A (all plots)

 

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, the character of the development, and the setting of the adjoining AONB, in accordance with Policy CS12 and CS27 of the Dacorum Core Strategy September 2013 and saved Policy 97 of the Dacorum Borough Local Plan 1991-2011.

 

23

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting that Order) (with or without modification) the garages hereby permitted shall be kept available at all times for the parking of vehicles associated with the residential occupation of the dwellings and they shall not be converted or adapted to form living accommodation.

 

Reason: To ensure the availability of off-street parking in the interests of highway safety and visual amenity and  in compliance with Policies CS10, 11, 12 of the Dacorum Core Strategy September 2013 and saved Policies 51 and 58 of the Dacorum Borough Local Plan 1991-2011.

 

 

 

 

 

Conditions – Outline Application

 

24

Approval of the details of the appearance, landscaping, layout and scale of the development in relation to the outline permission hereby permitted (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development in relation to an agreed phase (under Condition 27) of the outline permission is commenced.

 

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

 

25

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.

 

26

The development the subject of outline details 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.

 

27

No development in relation to the outline element of the permission shall take place until a Phasing Plan in relation to that element shall have been submitted to and approved in writing by the local planning authority.

Reason: For the avoidance of doubt and to ensure that the conditions are discharged separately in relation to the outline and full elements of the permission.

 

28

No development in respect of the outline permission (other than site preparation, groundworks, site investigation and remediation) shall take place within an agreed phase (under Condition 27) until samples and / or details of the materials to be used in the construction of the external walls and roofs of the development hereby permitted shall have been submitted to 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:  To ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013).

 

29

The details of landscaping to be submitted for the approval of the local planning authority in accordance with Condition (24) above shall include:

 

hard surfacing materials;

means of enclosure;

soft landscape works which shall include planting plans (including replacement tree planting); 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;

proposed finished levels or contours;

biodiversity enhancement measures;

external lighting including any street lighting;

minor artefacts and structures (e.g. furniture, storage units, signs etc.);

proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc.);

on-going management and maintenance plan for the hard and soft landscaping.

 

The approved landscape works within an agreed phase (under Condition 27) shall be carried out prior to the first occupation of any part of that phase of the outline scheme hereby permitted. 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 and maintained until satisfactorily established.

 

Reason:  To ensure a safe and satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policies CS12, CS13 and CS29 of the Dacorum Core Strategy (September 2013) and Policies 99, 100 and 129 of the Dacorum Borough Local Plan 1991-2011.

 

30

No development in relation to the outline element of the permission shall take place within an agreed phase (under Condition 27) until a sustainability statement in relation to that phase, that demonstrates how the criteria within Policy CS29 of the Dacorum Core Strategy (as may be amended by the council's Sustainable Development Advice Note) will be satisfied, shall have been submitted to and approved in writing by the local planning authority. The statement shall be submitted for approval concurrently with the first of the reserved matters to be submitted. The development shall be carried out in accordance with the details approved.

 

Reason:  To ensure the sustainable development of the site in accordance with the aims of Policy CS29 and the principles set down in chapter 18 of the Dacorum Core Strategy September 2013 and the Sustainable Development Advice Note which is available to download from the Council's website. The details are required before commencement of development for if they are deferred until after the development has begun, the design will already have been agreed and finalised, and the materials potentially ordered and used, thereby limiting the available options for designing in sustainability measures.

 

31

The details of scale to be submitted for the approval of the local planning authority in accordance with Condition (40) above shall include details of the proposed slab, finished floor and ridge levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land and buildings. The development within an agreed phase (under Condition 27) shall be constructed in accordance with the approved levels.

 

Reason:  For the avoidance of doubt and in the interest of residential amenities and to ensure a satisfactory form of development in accordance with Policies CS11, 12 and 13 of the Dacorum Core Strategy September 2013.

 

32

No external lighting in relation to the outline element of the permission (including street lighting) within an agreed phase (under Condition 27) shall be installed until a detailed lighting scheme in relation to that phase shall have been submitted to and approved in writing by the local planning authority. The details submitted shall have regard to the criteria and guidance within Appendix 8 of the Dacorum Borough Local Plan 1991-2011 in order to minimise the impact of lighting on the surrounding AONB. Development shall be carried out in accordance with the details approved.

 

Reason: To comply with paragraph 180 of the National Planning Policy Framework (2018) and Appendix 8 of the Dacorum Borough Local Plan 1991-2011 as the lighting at this location adjacent to and within the Chilterns AONB should be designed to minimise problems of glare and unnecessary light pollution by ensuring that the level of luminance is appropriate for the location, is sustainable and efficient, and protect the natural beauty of the AONB.

 

33

No development in relation to the outline element of the permission within an agreed phase (under Condition 27) shall take place until a Construction Management Plan for that phase shall have been submitted to and approved in writing by the local planning authority. The plan should consider all phases of the development. The statement shall provide for:          

 

1. Construction vehicle numbers, type, routing

2. Traffic management requirements

3. Construction and storage compounds (including areas designated for car

   parking)

4. Siting and details of wheel washing facilities

5. Cleaning of site entrances, site tracks and the adjacent public highway

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

7. Provision of sufficient on-site parking prior to commencement of construction

   activities

8. Post construction restoration/reinstatement of the working areas and

   temporary access to the public highway.

 

The details shall include a plan showing the proposed location of these areas. The approved statement shall be adhered to throughout the construction period of the relevant phase (under Condition 27).

 

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 and saved Policy 51 of the Dacorum Borough Local Plan 1991-2011. The details are required before commencement of development as it is necessary to ensure that the measures are planned and in place to deal with the matters listed.(Contact: Highways and Environmental Health)

 

34

The development in relation to any agreed phase (under Condition 27) of the outline element of the permission shall not be occupied until the accesses approved as part of this permission, and car parking and turning areas approved under Condition (24) above shall have been constructed in relation to that phase. The access, car parking and turning areas so provided shall be maintained as a permanent ancillary to the development and they shall not be used thereafter otherwise than for the purposes approved.

 

Reason: To ensure that adequate parking is provided at all times so that the development does not prejudice or cause obstruction to pedestrian or vehicular traffic on the adjoining road, or cause harm to the residential and visual amenities of the area in accordance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

35

No development in relation to the outline element of the permission (other than site preparation, site investigation and remediation) within an agreed phase (under Condition 27) shall take place until a surface water drainage scheme for that phase, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, shall have been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate that surface water run-off generated up to and including the 100 year plus climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall also include:

 

1. Limiting the surface water run-off generated by the 1 in 100 year + climate change critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site.

2. Providing attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event

3. Implementing the appropriate drainage strategy based on infiltration, using appropriate above SuDS measures.

4. Detailed surface water calculations and modelling for all rainfall events up to and including the 1 in 100 year + 40% climate change event.

5. Details of how the scheme shall be maintained and managed after completion.

6. Detailed engineered drawings of the proposed SuDS measures

 

The approved scheme for the relevant phase shall be completed befiore the first occupation of that phase and shall subsequently be managed and maintained in accordance with the details approved.

 

Reason: To reduce the risk of flooding to the proposed development, future occupants and the surrounding area in accordance with Policy CS31 of the Dacorum Core Strategy September 2013.

 

36

In relation to the outline element of the permission, no infiltration of surface water drainage into the ground from the commercial/industrial development is permitted other than with the written consent of the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

Reason: To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants in line with paragraph 109 of the National Planning Policy Framework (NPPF) and the Dacorum Core Strategy Policy CS32: Air, Soil and Water Quality. Controlled waters are particularly sensitive in this location because the proposed development site is located upon a Principle chalk aquifer. Industrial End 2 processes have the potential to pollute groundwater within the Chalk aquifer.

 

37

No demolition or groundworks in relation to the outline element of the permission within an agreed phase (under Condition 27) shall take place until details of measures to recycle and reduce construction waste which may otherwise go to landfill, shall have been submitted to and approved in writing by the local planning authority. The measures shall be implemented in accordance with the approved details for that phase.

 

Reason: To accord with the waste planning policies of the area, Policy CS29 of the Dacorum Core Strategy (September 2013), saved Policy 129 of the Dacorum Borough Local Plan 1991-2011 and Policies 1, 2 and 12 of the Hertfordshire County Council Waste Core Strategy and Development Management Policies Development Plan Document 2012 which forms part of the Development Plan.

 

38

No development in relation to the outline element of the permission (other than site preparation, groundworks, site investigation and remediation) within an agreed phase (under Condition 27) shall take place until an air quality report assessing the impacts of the proposed development on the surrounding environment and uses shall have been submitted to and approved in writing by the Local Planning Authority. The source of energy for the homes, amongst other pollutant aspects of the proposed development, must be considered within the report. The report shall indicate areas where there are, or are likely to be, breaches of an air quality objective. If there are predicted exceedances in exposure to levels above the Air Quality Objectives then a proposal for possible mitigation measures should be included. The development shall be carried out in accordance with the details approved for the phase concerned.

 

Reason: The site is within 0.8 – 1.6 miles of two passive monitoring locations of which the previous and current NO2 concentration is close to the AQ objective; the size of the proposed development and number of car parking spaces would indicate that the amenities of neighbouring premises should be protected from impacts on air quality arising from the development in accordance with Policies CS8 and CS32 of the Core Strategy (2013) and having regard to the Environment Act 1995, Air Quality Regulations and subsequent guidance.

 

39

The development shall not be occupied within any agreed phase (under Condition 27) of the outline permission until details of the crime prevention measures in relation to that phase to be incorporated into the development in order to meet Secured by Design part 2 certification shall have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the measures approved which shall thereafter be retained and adequately maintained at all times.

 

Reason:  To ensure a secure and safe form of development for the residents in accordance with Policies CS11 and 12 of the Dacorum Core Strategy September 2013. Building to the physical security of Secured by Design, which is the police approved minimum security standard, will reduce the potential for burglary by 50% to 75%. SBD housing developments suffer at least 50% less burglary, 25% less vehicle crime and 25% less criminal damage.

 

40

A. No development in relation to the outline element of the permission within an agreed phase (under Condition 27) shall take place until a Written Scheme of Investigation has been submitted to and approved  in writing by the local planning authority in relation to that phase.  The scheme shall include an assessment of significance and research questions; and

 

1. The programme and methodology of site investigation and recording

2. The programme and methodology of site investigation and recording as

   suggested by the evaluation

3. The programme for post investigation assessment

4. Provision to be made for analysis of the site investigation and recording 

4. Provision to be made for publication and dissemination of the analysis and

   records of the site investigation

5. Provision to be made for archive deposition of the analysis and records of 

   the site investigation

6. Nomination of a competent person or persons/organisation to undertake the

  works set out within the Written Scheme of Investigation.

 

Development shall take place in accordance with the approved Written Scheme of Investigation.

 

B. The development shall not be occupied in respect of any phase until the site investigation and post investigation assessment for that phase has been completed in accordance with the programme set out in the Written Scheme of Investigation and the provision made for analysis, publication and dissemination of results and archive deposition under points 3, 4 and 5 above has been secured.

 

Reason:  To ensure that reasonable facilities are made available to record archaeological evidence in accordance with Policy CS27 of the Dacorum Core Strategy September 2013 and saved Policy 118 of the Dacorum Borough Local Plan 1991-2011. The details are required before commencement of development as if they are deferred until after the development has begun, the opportunity for a proper archaeological investigation will have been missed.

 

41

Should the development in relation to any agreed phase (under Condition 27) of the outline element of the permission have CHP or biomass boilers, no such boilers shall be installed until details shall have been submitted to and approved in writing by the local planning authority in relation to the following matters:

 

a.    Evidence to demonstrate compliance with Band B Emission Standards for Solid Biomass Boilers and CHP Plant as listed in Appendix 7 of the London Plan's Sustainable Design and Construction SPG document. 

 

b.    Details of the boilers / stacks which shall have dry NOx emissions not exceeding 40 mg/kWh (0%).

  

c.    Details to demonstrate that the CHP will have a discharge stack which is at least 3m above any openable windows or ventilation air inlets within a distance of 5Um. 

 

The development shall be carried out in accordance with the approved details for that phase.

 

Reason: To ensure an acceptable appearance and that the amenities of the neighbouring premises are protected from increased air quality arising from the development in accordance with Policies CS8, CS12 and CS32 of the Dacorum Core Strategy (2013).

 

42

No units within an agreed phase (under Condition 27) in relation to the outline element of the permission shall be occupied and / or the use of the land commenced until confirmation has been provided that either:- all water network upgrades required to accommodate the additional flows to/from the development have been completed; or - a housing and infrastructure phasing plan has been agreed with Thames Water to allow additional units to be occupied. Where an infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed infrastructure phasing plan.

 

Reason: The development may lead to no / low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development.

 

43

All burials in the cemetery shall be:

 

a minimum of 50 m from a potable groundwater supply source;

a minimum of 30 m from a water course or spring;

a minimum of 10 m distance from field drains; and

Not in standing water and the base of the grave must be above the local water table.

 

Reason: To protect the quality of controlled waters in the local area in accordance with NPPF paragraph 109 and local plan 'Core Strategy' Policy CS32: Air, Soil and Water Quality.

 

44

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

 

S101A

S102A

C109/16344

C101F

C102F                                                                

C103C                                            

C104C                                            

C105C                                            

C106C                                            

C107C                                            

C108C                                            

C109                            

P101G                                            

P102G                                            

P103G                                            

P104E                                                                

P105E                                                                

P110E                                             

P111E                                             

P112E                                             

P114E

P115B

P181C

P182A

P183A

P184A

P186A

P187A

P188A

P189A

P190A

P191A

P192A

P193A

P194A

P195A

P196A

P197A

P198A

P199A

P200A

P201A

P203A

P204A

P206A

P207A

P208A

P209A

P210A

P211A

P212A

P213A

P214A

P215A

P216A

P217A

P218A

P219A

P220A

P221A

P222A

P223A

P224A

P225A

P226A

P227A

edp4539_d014c

edp4539_d012h

edp4539_d017a

TRIN 5-500B

TRIN 5-501C

TRIN 5-502C

 

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 pro-actively through positive engagement with the applicant during the pre-application stage and 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:

 

Outline Permission

 

The applicant is advised that any reserved matters submitted pursuant to the outline permission in relation to the proposed employment site shall have close and due regard to the details submitted within the Design and Access Statement in relation to the indicative layout contained therein, and which the local planning authority considers to be generally acceptable.

 

Highway Authority

 

1. Where works are required within the public highway to facilitate the new vehicle access, the Highway Authority require the construction of such works to be undertaken to their satisfaction and specification, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to Hertfordshire County Council Highways team to obtain their permission and requirements. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

 

2. 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.

3. 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

 

4. Storage of materials: The applicant is advised that the storage of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority before construction works commence. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

 

Environmental Health

 

1)                Unexpected contamination

 

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.

 

2)                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.

 

3)                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 Mondays to Saturdays. No works are permitted at any time on Sundays or bank holidays

 

4)                Dust

 

Dust from operations on the site should 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.

 

5)                Bonfires

 

Waste materials generated as a result of the proposed demolition and/or construction operations shall be disposed of with following the proper duty of care and should not be burnt on the site. Only where there are no suitable alternative methods such as the burning of infested woods should burning be permitted.

 

Thames Water

 

Trade Effluent

 

A Trade Effluent Consent will be required for any Effluent discharge other than a 'Domestic Discharge'. Any discharge without this consent is illegal and may result in prosecution. (Domestic usage for example includes - toilets, showers, washbasins, baths, private swimming pools and canteens). Typical Trade Effluent processes include: - Laundrette/Laundry, PCB manufacture, commercial swimming pools, photographic/printing, food preparation, abattoir, farm wastes, vehicle washing, metal plating/finishing, cattle market wash down, chemical manufacture, treated cooling water and any other process which produces contaminated water. Pre-treatment, separate metering, sampling access etc, may be required before the Company can give its consent. Applications should be made at https://wholesale.thameswater.co.uk/Wholesale-services/Business-customers/Trade-effluent or alternatively to Waste Water Quality, Crossness STW, Belvedere Road, Abbeywood, London. SE2 9AQ. Telephone: 020 3577 9200.

 

Groundwater

 

A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer.  Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 02035779483 or by emailing wwqriskmanagement@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality.

 

Water

 

Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

 

 

 

Supporting documents: