Agenda item

4/00266/19/MOA - DEMOLITION AND REMOVAL OF EXISTING BUILDINGS, CONSTRUCTION OF EIGHT DWELLINGS WITH DETACHED CARPORT, GARAGES, CAR PARKING AND ALTERED VEHICULAR ACCESSES (ACCESS, LAYOUT AND SCALE SOUGHT) - FOURWAYS GARAGE, HUDNALL CORNER, LITTLE GADDESDEN, BERKHAMSTED, HP4 1QP

Minutes:

Councillor Guest made Members aware that she had received a letter noting that Little Gaddesden Parish Council had withdrawn its objections to the application.

 

The Case Officer, Shane O’Donnell, introduced the report to members and said that the application had been referred to committee on the basis that a similar proposal on site had been previously refused by the planning applications committee under reference 4/02402/17/MOA.

 

It was proposed by Councillor Durrant and seconded by Councillor Maddern to DELEGATE the application WITH A VIEW TO APPROVAL in line with the officer’s recommendation.

 

Vote:

 

For: 9               Against: 0                    Abstained: 2

 

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL subject to the completion of a legal agreement and the following conditions:

 

Conditions

No

Condition

1

Approval of the details of the design and external appearance of the building[s] and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced.

 

Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

 

 

2

Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

 

Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

 

3

The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved.

 

Reason:  To prevent the accumulation of planning permission; to enable the Council to review the suitability of the development in the light of altered circumstances and to comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

 

4

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.

 

Reason:  To safeguard the character and appearance of the Listed Building.

 

Reason:  In the interests of the visual amenities of the Conservation Area.

 

5

The development hereby permitted shall not commence until details of the layout and construction of the altered accesses have been submitted to and approved in writing by the local planning authority.  No dwelling shall be occupied until the access has been laid out and constructed in accordance with the approved details.

 

Reason: To minimise danger, obstruction and inconvenience to users of the highway and the access in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy 2013 and saved Policy 51 of the Dacorum Borough Local Plan 1991-2011.

 

 

6

Construction of the development hereby permitted shall not commence until a Construction Traffic Management Plan has been submitted to and approved in writing by local planning authority. Thereafter, the construction of the development shall only be carried out in accordance with the approved Plan. The Construction Traffic Management Plan 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. Provision of sufficient on-site parking prior to commencement of construction activities;

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

 

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way in accordance with Policy CS8 of the Dacorum Core Strategy 2013 and saved Policy 51 of the Dacorum Borough Local Plan 1991-2011.

 

 

7

Prior to the commencement of the development hereby permitted details of a surface and foul water drainage system shall be submitted to and approved in writing by the local planning authority.  The surface water drainage system shall be a sustainable drainage system and shall provide for the appropriate interception of surface water runoff so that it does not discharge into the highway or foul water system.  The development shall be carried out and thereafter retained fully in accordance with the approved details.

 

Reason:  To ensure that the site is subject to an acceptable drainage system serving the development. 

 

8

Prior to the commencement of the development hereby permitted a Phase I Report to assess the actual or potential contamination at the site shall be submitted to and approved in writing by the local planning authority. If actual or potential contamination and/or ground gas risks are identified further investigation shall be carried out and a Phase II report shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development. 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 I Report consists of a desk study, site walkover, conceptual model and a preliminary risk assessment. The desk study comprises a search of           available information and historical maps which can be used to identify the likelihood of contamination. A simple walkover survey of the site is conducted to identify pollution linkages not obvious from desk studies. Using the    information gathered, a 'conceptual model' of the site is constructed and a   preliminary risk assessment is carried out.

 

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.  

 

 

9

All remediation or protection measures identified in the Remediation Statement referred to in Condition 8 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 

 

 

10

The windows at first floor level in the southern elevations of the dwellings Unit F, Unit G, and Unit H identified on Drawing No. 10.338 PL.0107 Rev N  (proposed layout and roof plan) hereby permitted shall be non-opening below a height of 1.7m from finished floor level and shall be permanently fitted with obscured glass.

 

Reason:  In the interests of the amenity of adjoining residents in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

 

 

11

The development hereby permitted shall not commence until a Site Waste Management Plan has been submitted to and approved in writing by the local planning authority.  This shall include information on the types of waste removed from the site and the location of its disposal.  The development shall be carried out in accordance with the approved details.

 

Reason:  To reduce the amount of waste produced on the site in accordance with Hertfordshire County Council Waste Core Strategy and Development Management Policies Development Plan Document 2012 which forms part of the Development Plan.

 

 

12

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 and F

Part 2 Class A

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 in accordance with Policies CS7 and CS12 of the Dacorum Core Strategy 2013.

 

 

13

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

 

S14-238-100

PL.0101C

PL.0112

PL.0105 Rev K

PL.0106 Rev J

PL.0107 Rev N

PL.0110

 

 

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

 

INFORMATIVES

 

Article 35

Planning permission has been granted for this proposal.  The Council acted proactively through application stage with the applicant to resolve issues with the scheme.  The Council has therefore acted in line with the requirements of the Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

Highways Informatives

1.  Where works are required within the public highway to facilitate the new vehicle access, the Highway Authority require the construction of such works to be undertaken to their satisfaction and specification, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to Hertfordshire County Council Highways team to obtain their permission and requirements. Their address is County Hall, Pegs Lane, Hertford, Herts, SG13 8DN. Their telephone number is 0300 1234047.

 

2.  Storage of materials, site parking and deliveries: 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. On-site parking for all contractors, sub-contractors, visitors and delivery shall also be off the 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 http://www.hertsdirect.org/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.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

 

Contamination 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 

 

 

 

Item 5f was heard next as it had members of the public speaking on the application.

Supporting documents: