Agenda item

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

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

Details of the materials to be used in the construction of the external surfaces of the dwellings;

Details of the materials of hardstanding;

Proposed finished levels and contours relative to the nearest adjacent properties.

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

Reason:  To ensure a satisfactory appearance to the development in accordance with Policies CS11 and CS12 of the Dacorum Core Strategy 2013 and paragraph 127 of the National Planning Policy Framework

Please do not send materials to the council offices.  Materials should be kept on site and arrangements made with the planning officer for inspection.

3

Prior to the commencement of the development hereby permitted, the trees shown for retention on the approved Drawing No. 18/3473/10 Rev C and approved Tree Protection Plan (Nov 2018) shall be protected during the whole period of site excavation and construction in accordance with the Tree Protection Plan or alternative method(s) for protection to be submitted and approved in writing by the local planning authority.

Reason:  In order to ensure that damage does not occur to the trees for the duration of development including site clearance to enable their retention and to safeguard the landscape character of the site in accordance with Policies CS11, CS12 and CS25 of the Dacorum Core Strategy and paragraph 127 of the National Planning Policy Framework.

4

Construction of the buildings hereby permitted shall not 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:

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;

car parking layouts and other vehicle and pedestrian access and circulation areas;

proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports 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 Policies CS11 and CS12 of the Dacorum Core Strategy 2013 and paragraph 127 of the National Planning Policy Framework.

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 Policies CS11, CS12 and CS25 Dacorum Core Strategy 2013 and paragraph 127 of the National Planning Policy Framework.

6

Visibility splays of not less than 2.4 m x 43 m shall be provided before any part of the development hereby permitted is first brought into use, and they shall thereafter be maintained, in both directions from the crossover, within which there shall be no obstruction to visibility between a height of 0.6 m and 2.0 m above the carriageway. 

Reason:  In the interests of highway safety in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

7

The demolition of buildings identified on the approved Site Location Plan shall not commence before submission of either of the following for approval by the local planning authority:

up to three dusk emergence / dawn re-entry surveys, which shall be undertaken during the months of May to August (inclusive) to determine whether bats are roosting or not and, should this be the case, submission of a Bat Mitigation Strategy for approval;

copy of approved licence from Natural England where the development hereby permitted shall be carried out in accordance with the recommendations set out in the submitted Phase 1 Habitat Survey, Initial Bat Inspection and Dusk Emergence Survey Report.

The development shall be carried out and retained in accordance with approved details.

Reason:  To ensure the continued ecological functionality of bats and their roosts is maintained in accordance with the National Planning Policy Framework and Policy CS29 of the Dacorum Core Strategy 2013.

8

The development hereby permitted shall be carried out in accordance with the recommendations set out in the submitted Phase 1 Habitat Survey, Initial Bat Inspection and Dusk Emergence Survey Report.  Demolition of buildings shall not commence before details of the location, number and type of bird and bat boxes shall be submitted and approved by the local planning authority together with timeframes of their installation to ensure adequate compensation is available prior to commencement of works affecting bat roost sites.  The bird and bat boxes shall be installed in accordance with the approved details and agreed timeframes.

Reason:  In the interests of biodiversity and in accordance with Policy CS29 of the Dacorum Core Strategy 2013.

9

Prior to occupation of the development hereby permitted, a lighting design strategy for biodiversity as recommended in the submitted Phase 1 Study, shall be submitted to and approved in writing by the local planning authority. The strategy shall:

a) identify those areas/features on site that are particularly sensitive for identified bat populations and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy.

Reason:  To protect bat movement corridors and compensatory roosting features in accordance with Policy CS29 of the Dacorum Core Strategy 2013.

10

No demolition or development shall commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing.  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 for post investigation assessment

3. 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.

Reason:  In order to ensure investigation and preservation of archaeological findings for the duration of the construction and development in accordance with Policy CS27 of the Dacorum Core Strategy 2013.

11

Any demolition/development shall take place in accordance with the Written Scheme of Investigation approved under Condition 10.

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 approved under Condition 10 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

Reason:  In order to ensure investigation and preservation of archaeological findings in accordance with Policy CS27 of the Dacorum Core Strategy 2013.

12

Prior to the commencement (excluding demolition of existing buildings) 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 in accordance with Policy CS32 of the Dacorum Core Strategy 2013.

13

All remediation or protection measures identified in the Remediation Statement referred to in Condition 13 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 Policy CS32 of the Dacorum Core Strategy 2013.

14

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 to Plots 1 and 3 identified on approved drawing 18/3473/10 Rev C (site layout) 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 CS11 and CS12 of the Dacorum Core Strategy 2013.

15

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (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 their respective dwellings and they shall not be converted or adapted to form living accommodation.

Reason:  To ensure adequate parking provision for the development in the interests of highway safety in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy and saved Policy 58 of the Dacorum Borough Local Plan 1991-2011.

16

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

Site Location Plan (no reference)

18/3473/10 Rev C (site layout)

18/3473/11 (Plot 1)

18/3473/12 (Plot 2)

18/3473/13 (Plot 3)

18/3472/14 (street scene)

18/3473/15 (garages)

Tree Protection Plan (dated Nov 2018)

Arboricultural survey to British Standard B.S. 5837:2012 'Trees in relation to design, demolition and construction - Recommendation' at Former St Francis House School Aylesbury Road Tring Addendum (dated 29 November 2018)

Sustainability Statement

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

Article 35

Planning permission has been granted for this proposal.  The Council acted proactively through positive engagement with the applicant during the determination stage in order to carry out a full assessment and which led to improvements to the scheme.  The Council has therefore acted 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.

Hertfordshire Highways Informatives

1. The Highway Authority requires the alterations to or the construction of the vehicle crossovers to be undertaken such that the works are carried out to their specification and by a contractor who is authorised to work in the public highway. If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.), the applicant will be required to bear the cost of such removal or alteration. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. The applicant may need to apply to Highways (Telephone 0300 1234047) to arrange this, or use link:- https://www.hertfordshire.gov.uk/droppedkerbs/

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