Agenda item

4/00031/19/FUL - DEMOLITION OF EXISTING FIVE GARAGES AND CONSTRUCTION OF 2 TWO BED DWELLINGS WITH OFF STREET PARKING AND SHARED FRONT GARDEN (AMENDED SCHEME) - GARAGES ADJACENT, 8 CUPID GREEN LANE, HEMEL HEMPSTEAD, HP2 7HH

Minutes:

5g - 4/00031/19/FUL DEMOLITION OF EXISTING FIVE GARAGES AND

CONSTRUCTION OF 2 TWO BED DWELLINGS WITH OFF STREET PARKING AND

SHARED FRONT GARDEN (AMENDED SCHEME)

 

GARAGES ADJACENT, 8 CUPID GREEN LANE, HEMEL HEMPSTEAD, HP2 7HH

 

Robert Freeman introduced the report to members and said that the application has been referred to committee in view of their previous decision to refuse planning permission for residential use of the site and given the Council's ongoing interest as a former landowner.

 

David Eaton spoke in objection of the application.

 

Richard Winfield, Ransford Stewart and Phil Rogers spoke in support of the application.

 

It was proposed by Councillor Matthews and seconded by Councillor Ritchie to GRANT the application.

 

Vote

 

For: 8               Against: 0                    Abstained: 2

 

 

Resolved: That planning permission be GRANTED subject to the following conditions:

 

No

Condition

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

 

3

No development 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:

 

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; and

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

 

The approved landscape works shall be carried out in accordance with the approved details prior to the first occupation of the development hereby permitted with the exception of any tree protection which should be erected prior to the commencement of works and retained for the duration of construction.

                       

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 Core Strategy.

 

4

Prior to the commencement of the development hereby permitted 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 and to ensure a satisfactory development.  

 

 

5

All remediation or protection measures identified in the Remediation Statement referred to in Condition 4 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.  

 

Informative:

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 

 

 

6

The development hereby permitted shall not be occupied until the arrangements for vehicle parking, circulation, loading and unloading shown on Drawing No. 102_PL2 shall have been provided, and they shall not be used thereafter otherwise than for the purposes approved.

 

Reason:  To ensure the adequate and satisfactory provision of off-street vehicle parking facilities in accordance with Policies CS8 and CS12 of the Core Strategy.

 

7

The development shall be carried out in accordance with the drainage strategy provided by David French Partnership and reference 15495/JAE unless otherwise agreed in writing. The approved drainage strategy shall thereafter be implemented and maintained 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 Policy CS31 of the Core Strategy. 

 

8

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

 

001_PL2 rev P1

002_PL2 rev P1

003_PL2 rev P1

100_PL2 rev P1

101_PL2 rev P1

102_PL2 rev P1

Development Site Impact Assessment & Method Statement

MR/170306TCP

MR/170306TPP

Design Statement

Sustainable Drainage Strategy

Ecological Appraisal

4170932/4102

4170932/4202

 

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) (Amendment No. 2) Order 2015. 

 

INFORMATIVES:

1. 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.

2. 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

3. 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 https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-and-developer-information.aspx.

 

 

 

 

Supporting documents: