Agenda item

4/03026/18/MFA - DEVELOPMENT OF SITE TO PROVIDE 84 DWELLINGS WITH ACCESS FROM DURRANTS LANE AND PROVISION OF AMENITY SPACE, LANDSCAPING AND OTHER ASSOCIATED WORKS INCLUDING DRAINAGE INFRASTRUCTURE - LAND AT JUNCTION OF DURRANTS LANE &, SHOOTERSWAY, BERKHAMSTED

Minutes:

Sara Whelan introduced the report to members and said that the reason the application had been referred back to the committee was due to the discovery that the masterplan for the site was not in fact adopted, as suggested in the officer’s report. She continued that this is a material change to the policy context that members need to be aware of prior to making a decision.

 

The Case Officer, Robert Freeman, presented the report.

 

Thomas Ritchie spoke in objection of the application.

 

Town Councillor Anthony Armytage spoke in objection of the application.

 

David Bainbridge spoke in support of the application.

 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Riddick to DELEGATE the application WITH A VIEW TO APPROVAL in line with the officer’s recommendation SUBJECT TO THE COMPLETION OF A LEGAL AGREEMENT.

 

Vote:

 

For: 6               Against: 3                    Abstained: 2

 

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL SUBJECT TO THE COMPLETION OF A LEGAL AGREEMENT with heads of terms and subject to the conditions:

 

Heads of Terms

- the provision of 40% affordable housing

- a payment of £75,000 towards the provision of a changing room on land on the opposite side of Durrants Lane (L2) or adjacent to the site.

 

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 details 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 Dacorum Borough Core Strategy (September 2013).

 

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;

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

·         A landscape management plan setting out how the landscaping of the site will be managed in perpetuity;

·         A woodland management plan setting out how public access will be provided to the woodland and how the woodland will be managed in perpetuity;

·         proposed finished levels or contours;

·         minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc);

·         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.

 

The landscape management plan and woodland management plan will be implemented fully in accordance with the approved details.

                       

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area.

 

4

The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment carried out by WSP reference 70049662 FRA001 dated 23 November 2018 as amended by the Drainage Addendum dated 18th March 2019. The surface water drainage scheme should include;

1. Implementing the appropriate drainage strategy based on attenuation and discharge to deep borehole soakaway

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 for both the northern and southern sites.

3. Undertake the drainage to include tanked permeable paving, swales/filter strips and basins as indicated in drawings 9662-D-02.

 

Reason: To ensure that the drainage of surface water does not provide an unacceptable flood risk to the proposed dwellings or adjacent development in accordance with Policy CS31

 

5

No development shall take place until the final design of the drainage scheme has been submitted to, and approved in writing by, the local planning authority. The surface water drainage system will be based on the submitted Flood Risk Assessment carried out by WSP reference 70049662 FRA001 dated 23 November 2018 as amended by the Drainage Addendum dated 18th March 2019. The scheme shall also include:

1. Full detailed engineering drawings including cross and long sections, location, size, volume, depth and any inlet and outlet features. This should be supported by a clearly labelled drainage layout plan showing pipe networks. 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. All calculations/modelling and drain down times for all storage features.

3. Demonstrate an appropriate SuDS management and treatment train and inclusion of above ground features reducing the requirement for any underground storage.

4. Incorporate the use of catch pits, interceptors and additional swale features etc. for highway drainage.

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

 

Reason: To prevent the increased risk of flooding, both on and off site in accordance with Policy CS31 of the Core Strategy.

 

6

Upon completion of the drainage works for each site in accordance with thetiming / phasing, a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include;

1. Provision of complete set of as built drawings for site drainage.

2. Maintenance and operational activities.

3. Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site in accordance with Policy CS31 of the Core Strategy

 

7

No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the local planning authority. The plan should consider all phases of the development.

 

Thereafter, the construction of the development shall only be carried out in accordance with the approved Construction Management Plan which shall include details of:

a) Construction vehicle numbers, type, routing

b) Traffic management requirements

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

d) Siting and details of wheel washing facilities

e) Cleaning of site entrances, site tracks and the adjacent public highway

f) Timing of construction activities to avoid school pick up/drop off times

g) Provision of sufficient on-site parking prior to commencement of construction activities

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

i) Construction or Demolition Hours of Operation

j) Dust and Noise control measure

k) Asbestos survey and control measure where applicable.

 

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way as well as in the interests of the amenities of surrounding occupiers during the construction of the development in accordance with Policies CS8 and CS12 of the Core Strategy.

 

8

The dwellings, hereby approved, shall not be occupied until a scheme for the control and fighting of fire (the fire scheme) has been submitted to and approved in writing by the local planning authority. This scheme shall incorporate the provision of fire hydrants where necessary.

 

The development shall not be occupied until the fire scheme has been implemented fully in accordance with the approved details.

 

Reason: To ensure the provision of appropriate infrastructure in accordance with Policy CS35 of the Core Strategy

 

INFORMATIVE - Buildings fitted with fire mains must have a suitable hydrant provided and sited within 18m of the hard-standing facility provided for the fire service pumping appliance.

 

9

No development shall take place until a Phase II contamination report has been submitted to and approved in writing by the local planning authority. 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 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 Core Strategy.

 

Unexpected Contaminated Land Informative

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.

 

 

10

All remediation or protection measures identified in the Remediation Statement referred to in Condition 9 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 

 

 

11

No development shall take place until a detailed air quality assessment report assessing the impacts of the proposed development has been submitted to and approved in writing by the Local Planning Authority

 

The air quality assessment shall have regard to the Environment Act 1995, Air Quality Regulations and subsequent guidance and should indicate areas where there are, or 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.

 

Any mitigation measures shall be agreed in writing by the local planning authority prior to commencement and shall thereafter be implemented fully in accordance with the agreed mitigation strategy.

 

Reason: To ensure the amenities of the neighbouring premises are protected from increased air quality arising from the development; in accordance with Policies CS8 and CS32 of the Core Strategy (2013).

 

 

12

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

 

P18-1593_01L (Site Layout)

P18-1593_03.01C (Elevations and Floor Plans for NB52)

P18-1593_03.02C (Elevations and Floor Plans for NA44)

P18-1593_03.03A (Elevations and Floor Plans for NA44)

P18-1593_03.04C (Elevations and Floor Plans for NB41)

P18-1593_03.05A (Elevations and Floor Plans for NB41)

P18-1593_03.06A (Elevations and Floor Plans for NT41)

P18-1593_03.07A (Elevations and Floor Plans for NT41)

P18-1593_03.08B (Elevations and Floor Plans for PA44)

P18-1593_03.09 (Elevations and Floor Plans for PA44)

P18-1593_03.10A (Elevations and Floor Plans for PT36)

P18-1593_03.11B (Elevations and Floor Plans for PA34)

P18-1593-03.12I (Elevations and Floor Plans for PA30)

P18-1593_03.13A (Elevations and Floor Plans for PA25)

P18-1593_03.21A (Elevations and Plans for AA31)

P18-1593_03.22A (Elevations and Floor Plans for AA23)

P18-1593_03.23A (Elevations and Floor Plans for NB52)

P18-1593_03.24 (Elevations and Floor Plans for NT41)

P18-1593_03.31B (Elevations for Block A)

P18-1593_03.32B (Floor Plans for Block A)

P18-1593_03.33D (Apartment Block B)

P18-1593_03.34C (Apartment Block B)

P18-1593_03.35D (Apartment Block B)

P18-1593_03.41I (Single Garage)

P18-1593_03.42I (Double Garage)

P18-1593_03.43I (Extended Double Garage)

P18-1593_03.50I (Bin and Cycle Store)

P18-1593_03.51I (Garden Shed)

P18-1593_08D (Parking Assessment)

P18-1593_11D (Street Scenes)

P18-1593_12C (Refuse Strategy)

P18-1593_13A (Site Location Plan)

P18-1593_15D (Building Heights)

P18-1593_16 (Design and Access Statement)

 

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

 

 

Supporting documents: