Minutes:
Councillor Mills agreed to stand down for this item.
The Case Officer, Nigel Gibbs, introduced the report to members and said that the application had been referred to committee due to the contrary view of Aldbury Parish Council and Councillor Stan Mills.
David Demmery spoke in objection of the application.
Joanna Stone spoke in objection of the application.
It was proposed by Councillor Birnie and seconded by Councillor C Wyatt-Lowe to GRANT the application in line with the officer’s recommendation in addition to conditions, as with item 5e, relating to the building being non-habitable and that there would be no further development.
Vote:
For: 4 Against: 3 Abstained: 2
Resolved: That planning permission be GRANTED subject to the following conditions:
Conditions
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 |
Notwithstanding the details specified by the submitted drawings and by the application form the roof of the building hereby permitted shall be finished in timber shingles and the walls of the building shall be finished in dark stained horizontal weatherboarding.
Reason: In the interests of the character and appearance of the Rural Area, Conservation Area and Chilterns Area of Outstanding Natural Beauty in accordance with Policies CS11, CS12 , CS24 CS25 and CS27 of Dacorum Core Strategy.
|
3 |
The building hereby permitted shall only be used for purposes incidental to the enjoyment of no. 32 Stocks Road as a dwelling house.
Reason: In the interests of the residential amenity of adjoining/ nearby dwellinghouses in accordance with Policy CS12 of Dacorum Core Strategy. |
4 |
The existing garage shall be permanently removed from the site before the commencement of the construction of the development hereby permitted.
Reason: In the interests of the character and appearance of the Rural Area, Conservation Area and Chilterns Area of Outstanding Natural Beauty in accordance with Policies CS11, CS12 , CS24 CS25 and CS27 of Dacorum Core Strategy. |
5 |
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) there shall be no external changes to the building hereby permitted.
Reason To enable the local planning authority to retain control over the development in the interests of safeguarding the residential amenity of the locality and the appearance of the building in the locality in accordance with Policies CS11, CS12 , CS24 CS25 and CS27 of Dacorum Core Strategy. |
6 |
No demolition/development shall take place/commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include assessment of significance and research questions; and:
· The programme and methodology of site investigation and recording · The programme for post investigation assessment · Provision to be made for analysis of the site investigation and recording · Provision to be made for publication and dissemination of the analysis and records of the site investigation · Provision to be made for archive deposition of the analysis and records of the site investigation · Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
Reason: To ensure that reasonable facilities are made available to record archaeological evidence and to accord with adopted Core Strategy Policy CS27. |
7 |
No demolition/development shall take place/commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include 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: To ensure that reasonable facilities are made available to record archaeological evidence and to accord with adopted Core Strategy Policy CS27. |
8 |
Subject to the requirements of Condition 2 the development hereby permitted shall only be carried otherwise fully in accordance with the following plans, the materials specified by this plan and the application form:
EB9(-) SP EB97 (-) 01 EB 97(-) 02 EB97(-) 03 EB97 -T
Reason: To safeguard and maintain the strategic policies of the local planning authority and for the avoidance of doubt.
NOTE 1: ARTICLE 35 STATEMENT
The Council acted pro-actively through positive engagement with the applicant during the determination process which led to improvements to the scheme. 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
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)
In the event that bats are unexpectedly found during any stage of the development, work should stop immediately and a suitably qualified ecologist should be contacted to seek further advice’.
Highways 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. 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
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 Practicable 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
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. |
Supporting documents: