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

Following the demolition of the existing garage details of the materials of the development hereby permitted be 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:  In the interests of the character and appearance of the locality to accord with the requirements of Policy CS12 of the Dacorum Core Strategy.

3

Before the first occupation of the flats hereby permitted the parking spaces shown by Drawing No PL008 shall be provided fully in accordance with this layout plan subject to the requirements of Conditions 4 and 5. Thereafter the parking spaces shall be retained at all times and shall be only used for the approved vehicle parking purposes. The parking areas shall be of a permeable surface in accordance with details subject to Condition 2. 

Reason: To ensure the adequate and satisfactory provision of off-street vehicle parking in accordance with Policies CS8, CS12 and CS29 of the Dacorum Core Strategy and Policies 54 and 58 of the saved Dacorum Borough Local Plan.

4

Before the  occupation of any of the flats hereby permitted the existing access for the development hereby permitted shall be modified / installed fully in accordance with installed and thereafter maintained at all times fully in accordance with the details shown by Drawing PL008 . The approved access shall at all times be served on both sides with pedestrian visibility splays of 2m x 2m, as measured from the back edge of the pubic footpath ( as shown by Drawing No PL008 ) within which there shall be no obstruction to visibility between 0.6m and 2m above the footway.

Reason: In the interests of highway safety in accordance with Policies CS8 and CS12 of Dacorum Core Strategy and Policy 54 of the saved Dacorum Borough Local Plan as the submitted drawings and existing access lack the required visibility splays.

5

The access subject to Condition 4 shall be provided at all times with vehicular visibility sight lines of 2.4m x 43m in both directions from the respective accesses, as measured from the edge of the carriageway towards the site frontage. Within both visibility sight lines there shall be no obstruction to visibility between a height of 0.6m and 2m above the carriageway.

Reason: In the interests of highway safety in accordance with Policies CS8 and CS12 of Dacorum Core Strategy and Policy 54 of the saved Dacorum Borough Local Plan.

6

A tree shall be planted in the garden of the site within the planting season following the first occupation of the respective dwellinghouses hereby permitted. If the tree 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 species, size and maturity to be approved by the local planning authority. For the purposes of this condition the planting season is from 1 October to 31 March.

Reason:  In the interests of the character and appearance of the locality and biodiversity in accordance with Policies CS12 and CS29 of Dacorum Core Strategy.

7

No flat hereby permitted shall be occupied until a scheme for all boundary treatment is carried out fully in accordance a scheme submitted to and approved in writing by the local planning authority. Thereafter all the approved treatment shall be retained fully in accordance with the approved details. The submitted details shall show the retention of parts of the frontage hedge subject to the requirements of Condition 4.   

Reason: In  the interests of the residential amenity of the dwelling houses hereby permitted and the adjoining dwellinghouses, the character and appearance of the locality and biodiversity in accordance with Policies CS12 and CS27 of Dacorum Core Strategy.

8

The shower and bathroom windows and rooflights of the development hereby permitted shall be fitted with obscure glass at all times and the rooflights shall be of a conservation rooflight type.

Reason: In the interests of residential amenity in accordance with Policy CS12 of Dacorum Core Strategy and paragraph 89 of the National Planning Policy Framework.

9

Prior to development commencing the applicant shall submit to the LPA an assessment of noise on each habitable room due to its exposure to transportation noise. Where the assessment identifies that mitigation measures are required to protect likely future occupiers from noise, the assessment shall provide an outline mitigation statement having regard to the principles of good acoustic design. Any scheme of mitigation shall also be subject to approval by the LPA, and once approved, shall be implemented in accordance with the approval prior to first occupation and retained thereafter.

Reason : In accordance with Policy CS32 of Dacorum Core Strategy.

10

Subject to the requirements of other conditions of this planning permission  the development hereby permitted shall be carried out in accordance with the following plans:

PL001

PL005B

PL006B

PL007 B

Drawing No PL008 received by the local planning authority on 19 March 2019

Reason:  To safeguard and maintain the strategic policies of the local planning authority and for the avoidance of doubt.

NOTE 1: 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 lead 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

Bats

UK and European Legislation makes it illegal to:

Deliberately kill, injure or capture bats;

Recklessly disturb bats;

Damage, destroy or obstruct access to bat roosts (whether or not bats are present).

Contacts:

English Nature                   01206 796666

UK Bat Helpline                 0845 1300 228 (www.bats.org.uk)

Herts & Middlesex Bat Group        01992 581442

In the event of bats or evidence of them being found, work must stop immediately and advice taken on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England.

In order to protect breeding birds, their nests, eggs and young, the demolition activities should only be carried out during the period October to February. If this is not possible then a pre-development (no more than 48 hours prior to the commencement of development) search of the area should be made by a suitably experienced ecologist. If active nests are found, then clearance work must be delayed until any juvenile birds have left the nest and have become fully independent, or professional ecological advice has been taken on how best to proceed.

Land Stability

The government advice is that where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner.

If the developer is concerned about possible ground instability consideration should be given by the developer in commissioning the developer's own report.

Highway Issues

1. The Highway Authority requires the alterations to and 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 accesses 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.

Un-expected Contaminated

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.

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 Monday to Saturdays, no works are permitted at any time on Sundays or bank holidays.

Construction Dust Informative

Dust from operations on the site should be 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.

Noise on Construction/Demolition Sites Informative

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.

11

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.

Construction Dust Informative

Dust from operations on the site should be 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.

Noise on Construction/Demolition Sites Informative

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.