Agenda item

4/00630/19/FUL - CHANGE OF USE OF VACANT BARN TO DWELLING. - THE BARN, NETTLEDEN ROAD, FRITHSDEN, HEMEL HEMPSTEAD, HP4 2RF

Minutes:

The Case Officer, Simon Dunn-Lwin, introduced the report to members and said that the application had been referred to committee as the recommendation was contrary to the Parish Council response.

 

It was proposed by Councillor Birnie and seconded by Councillor Riddick to GRANT the application in line with the officer’s recommendation.

 

Vote:

 

For: 8               Against: 0                    Abstained: 2

 

Resolved: That planning permission be GRANTED subject to the following conditions:

 

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

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

 

443.8.2C - Site Layout Plan Received on 24th May 2019 with red line boundary.

443.8.3A - Proposed floorplan, elevations & section.

443.8.4 OS Location Plan.

B/NR/1 - Site Plan.

Unnumbered floor plans/elevations/cross section (existing).

 

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

 

3

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.

 

4

The development hereby permitted shall not be occupied until the arrangements for vehicle parking shown on Drawing No. 443.8.2B shall have been provided, and they shall not be used thereafter otherwise than for the purposes approved.

 

Reason:  To ensure the adequate and satisfactory provision of off-street vehicle parking facilities.

 

5

Prior to the first use of the development hereby permitted any vehicular access gate(s) shall be hung to open inwards, set back, and thereafter retained at a minimum distance of 6 metres from the edge of the highway.

 

Reason: To enable vehicles to safely draw off the highway before the gate(s) or obstruction is opened and/or closed in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018).

 

6

There shall be no external lighting.

 

Reason: In the interest of maintaining the rural character of the area.

 

7

The existing hedge and trees on the boundary of the site with Nettleden Road shall be permanently retained at a height of not less than 3 metres above ground level.  Any part of the hedge or any trees. which become 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 preserve the character and appearance of the Chilterns AONB in accordance with Policy CS24 of the Adopted Core Strategy 2013.

 

8

No development shall take place until details of facilities for the storage of refuse shall have been submitted to and approved in writing by the local planning authority.  The approved facilities shall then be provided before the development is first brought into use and they shall thereafter be permanently retained.

 

Reason: To accord with Saved Policy 129 of the Dacorum Borough Local Plan 1991-2011.

 

9

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 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, B, C, D, E, F, G and H

Part 2 Classes A, B and C

 

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.

 

10

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:

 

·         appropriate hard surfacing materials in the Green Belt/AONB;

·         means of enclosure;

·         soft landscape works which shall include planting plans and detailing native species composition for the new hedgerow on the southern boundary; with 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;

·         proposed finished levels or contours;

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

·         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);

·         retained historic landscape features and proposals for restoration, where relevant.

 

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.

 

 

Article 35

 

Planning permission has been granted for this proposal. The Council acted pro-actively through early engagement with the applicant at the pre-application stage which lead 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. 

 

Hertfordshire County Council Highways Informatives

 

1. 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/highways-roads-and-pavements.aspx or by telephoning 0300 1234047.

 

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.

 

Hertfordshire Ecology Informatives

 

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

 

2. It is possible that birds are using the barn and/or nearby trees and shrubs for nesting. Consequently, any tree/shrub and building clearance should be undertaken outside the nesting bird season (March to August inclusive) to protect breeding birds, their nests, eggs and young. If this is not practicable, a search of the area should be made no more than two days in advance of vegetation clearance by a competent Ecologist and if active nests are found, works should stop until the birds have left the nest.

 

 

Supporting documents: