Agenda item

No

Condition

1

The use hereby permitted shall be occupied only by Flower Pots Day Nursery and shall be for a limited period of 2 years from first use of the building as a nursery. Thereafter, the nursery use hereby permitted shall be discontinued and the land restored to former use unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order that the premises are operated by Flower Pots Day Nursery and ensure that the measures provided in the planning submission are carried out. To allow Local Planning Authority to assess impact of use on amenity of neighbours in relation to noise and disturbance, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

2

The hours of site operation shall be restricted to Monday-Friday (07:30 – 18:30 hours. No site activity on Saturday, Sundays or Bank Holidays. No external amenity use outside of 09:00 – 17:00 hours.

Reason:  To protect the residential amenities of the locality, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

3

The number of children using the nursery hereby approved shall be limited to 45 in total.

Reason:  In order to protect the amenities of adjoining occupiers and to ensure adequate parking provision, having regard to saved Appendix 5 of the Dacorum Borough Local Plan (2004), Policies CS8 and CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

4

A Noise Management Plan shall be implemented. A log of periodic monitoring and actions be kept. Together with a log of complaints; together with corrective actions undertaken.

Reason:  To protect the residential amenities of the locality, having regard to Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

NOTE: This will be reviewed at the end of the two-year temporary permission.

5

At least 3 months prior to the first use of the approved development a detailed Travel Plan Statement for the site, based upon the Hertfordshire Council document 'Hertfordshire's Travel Plan Guidance', shall be submitted and approved in writing by the Local Planning Authority. The Travel Plan Statement should include a Parking Management Plan to ensure that on-street parking in the vicinity of the site is minimised and that sufficient provision is made for safe pick up and drop off. The approved Travel Plan Statement shall be implemented at all times.

Reason: To ensure that sustainable travel options associated with the development are promoted and maximised to be in accordance with Policies 3, 5, 7, 8, 9 and 10 of Hertfordshire's Local Transport Plan (adopted 2018).

6

The use hereby permitted shall not commence until a plan indicating the positions, design, materials and type of boundary treatment to be erected around the play area, details of any landscaping works to the proposed play area and details of cycle parking facilities has been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented fully in accordance with the approved details prior to first use of the building.

Reason:  To ensure a satisfactory appearance to the development in order to safeguard the visual character of the immediate area and children's' safety; in accordance with policy CS12 of the Core Strategy (2013).

7

Prior to the commencement of development hereby approved, a Tree Protection Plan prepared in accordance with BS5837:2012 (Trees in relation to design, demolition and construction) setting out how the trees on the development sites boundaries shall be protected during the construction process, shall be submitted to and approved by the Local Planning Authority. No equipment, machinery or materials for the development shall be taken onto the site until these details have been approved. The works must then be carried out according to the approved details and thereafter retained until competition of the development.

Reason:  In order to ensure that damage does not occur to trees and hedges during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 170 of the National Planning Policy Framework (2019).

8

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

wren naj 57d 2018 - Proposed Floor Plans

wren naj 57e 2018 - Proposed Elevations

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

INFORMATIVES

1). Un-expected Contaminated Land Informative

Considering the nature of the proposed end use with; the site within 116m of a former contaminated land uses which includes a coal yard, former garage and tank etc., there is a possibility that this may have affected the application site with potentially contaminated material. Therefore, I recommend that the developer be advised to keep a watching brief during ground works on the site for any potentially contaminated material. Should any such material be encountered, then the Council must be informed without delay, advised of the situation and an appropriate course of action agreed.

2). 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.

3). 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 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.

4). 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.

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 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.