Agenda item

4/01116/19/ROC - VARIATION OF CONDITIONS 12 (FLOOD RISK ASSESSMENT),19 (CONSTRUCTION PHASE MITIGATION MEASURES), 20 (NOISE MITIGATION) AND 26 (APPROVED PLANS) ATTACHED TO PLANNING PERMISSION 4/00064/17/MFA (COMPREHENSIVE REDEVELOPMENT OF THE SITE TO PROVIDE 54,714 SQM OF FLEXIBLE COMMERCIAL FLOORSPACE WITHIN USE CLASSES B1C / B2 / B8 AND ANCILLARY OFFICES, TOGETHER WITH CAR AND CYCLE PARKING, ACCESS AND LANDSCAPING) - MAYLANDS GATEWAY, MAYLANDS AVENUE, HEMEL HEMPSTEAD

Minutes:

The Case Officer, Simon Dunn Lwin, introduced the report to Members and said that the application had been referred to committee as it is a Large Scale Major Development which is linked to proposed planning obligation under S.106.

 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Oguchi to GRANT the application in line with the officer’s recommendation.

 

Vote:

 

For: 9                           Against: 0                    Abstained: 1 

 

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 constructed in accordance with the materials specified on the approved drawings to match those approved by the local planning authority under reference 4/01313/18/DRC or such other materials as may be agreed in writing by the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development to accord with adopted Core Strategy Policy CS12.

 

 

3

All hard and soft landscape works shall be carried out in accordance with the details approved by the local planning authority under reference 4/02568/17/DRC and the approved landscape works shall be carried out prior to the first occupation of any part of the development hereby permitted.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area to accord with adopted Core Strategy Policy CS12.

 

4

No part of the development hereby permitted shall be occupied prior to the implementation of the public footpath to be constructed in accordance with the details approved by the local planning authority under reference 4/02567/17/DRC and shown on Drawing No. A01-002 Rev P02 and A01-003 Rev P02.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard local footpath connections in the immediate area, to accord with adopted Core Strategy Policies CS8, CS12 and CS13.

 

 

5

All work shall be carried out in accordance with B.S.3998:2010 "Tree Work  Recommendations".

 

 

Reason:  To ensure a satisfactory standard of tree work in accordance with the aims of Policy 99 of the Dacorum Borough Local Plan 1991 - 2011.

 

6

Any tree or shrub which forms part of the approved landscaping scheme which within a period of five years from planting fails to become established, becomes 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 ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with adopted Core Strategy Policy CS12.

 

 

7

A landscape management plan for the long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be applied to the development hereby approved in accordance with the details approved by the local planning authority under ref: 4/02538/18/DRC.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area and to accord with adopted Core Strategy Policy CS12.

 

8

Unless otherwise agreed in writing, the development shall be carried out in accordance with the Construction Traffic Management Plan approved by the Local Planning Authority under reference 4/02461/17/DRC.

 

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way.

 

 

9

During the first year of occupation a Full Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The approved Full Travel Plan shall be implemented in accordance with the timetable and targets contained therein and shall continue to be implemented as long as any part of the development is occupied subject to approved modifications agreed by the Local Planning Authority in consultation with the Highway Authority as part of the annual review.

 

Reason: To ensure that the development offers a wide range of travel choices to reduce the impact of travel and transport on the environment.

 

 

10

The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment carried out by RPS reference RCEF39546-002R dated January 2017, Flood Risk Assessment Addendum reference RCEF55348-001R dated August 2017 and Drainage Philosophy Statement carried out by RPS reference NK018226-RPS-SI-XX-CA-D-0031 A dated 16 August 2017, and Supporting Addendum to FRA and Drainage Philosophy by Phillips Page Associates Ltd reference 180375-WDK-00-SI-RP-D-00001 dated 01/05/2019 and the following mitigation measures:

 

1.         Implementing appropriate SuDS measures to include attenuation tank, porous surfacing and attenuation pond.

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.

3.         Discharge into Thames Water Sewer restricted to greenfield run-off rate

 

The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

 

 

11

Prior to the first occupation of the development hereby permitted, or as otherwise agreed in writing by the local planning authority, the surface water drainage scheme for the site approved by the local planning authority under reference 4/02462/17/DRC, shall be implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

Reason:  To reduce the risk of flooding to the proposed development and future users.

 

Informative:

For further guidance on HCC's policies on SuDS, HCC Developers Guide and Checklist and links to national policy and industry best practice guidance please refer to our surface water drainage webpage

http://www.hertfordshire.gov.uk/services/envplan/water/floods/surfacewaterdrainage/ 

 

 

 

12

Construction of the development hereby approved shall be carried out in accordance with the Site Waste Management Plan approved by the local planning authority under reference 4/02463/17/DRC.

 

Reason:  To ensure the sustainable construction in the development of the site in accordance with Policies CS29 of the Dacorum Core Strategy.

 

INFORMATIVE:

 

Waste Policy 12: Sustainable Design, Construction and Demolition requires all relevant construction projects to be supported by a Site Waste Management Plan (SWMP). This aims to reduce the amount of waste produced on site and should contain information including types of waste removed from the site and where that waste is being taken to. Good practice templates for producing SWMPs can be found at:

 

http://www.smartwaste.co.uk/ or

http://www.wrap.org.uk/construction/tools_and_guidance/site_waste_management_planning/index.html

 

 

13

The development hereby permitted shall be carried out in accordance with the approved sustainability and energy statement submitted by Turley Sustainability dated December 2016 and Gyron HH4 Datacentre Sustainability Statement reference HH4-ESS dated 04 June 2019. 

 

Reason:  To ensure the sustainable development of the site in accordance with Policies CS28, CS29 and CS31 of the Dacorum Core Strategy.

 

 

14

The development shall be constructed fully in accordance with the construction phase mitigation measures, as detailed within Section 7, sub-section 7.2 (pages 29 and 30) of the Air Quality Assessment; Project No. JAP9002; Revision: 4; RPS; 18 August 2017 and the Air Quality Assessment by Air Quality Assessments Ltd reference J0321/1/D3 dated 01 May 2019.

 

Reason: To safeguard the local environment in terms of air quality in accordance with Policy CS32 of Dacorum Core Strategy and to accord with section 7, subsection 7.2 of the following document: Air Quality Assessment; Project No. JAP9002; Revision: 4; RPS; 18 August 2017.

 

 

15

Before the development hereby approved is occupied, a noise mitigation / control scheme shall be submitted for the approval of the LPA based on the findings of the AAD Report (Proposed Computer Data Centre Plant Noise Assessment, Dated 30th April 2019, Ref: 19033/001/js/a).  The assessment and mitigation / control scheme shall be compiled by appropriately experienced and competent persons. The mitigation / control measures shall be fully implemented in accordance with the approved scheme and appropriately validated (where necessary) before coming into first operation and, retained thereafter.

 

Reason: To safeguard the local environment in accordance with Core Strategy Policies CS12 and CS32.

 

16

Noise from industrial processes and plant within the development shall not exceed a rating level of 43 dB LArTr during any 1 hour period of the daytime 07:00 to 23:00 hours (i.e. 5 dB below the representative daytime baseline noise levels of 48 dB LA90); nor exceed a rating level of 38 dB LArTr during any 15 minute period of the night-time 23:00 to 07:00 hours (i.e. 5 dB below the representative night-time baseline noise levels of 43 dB LA90). Rating levels should be determined in accordance with BS 4142:2014 and assessed at a free-field location representative of the nearest residential properties to the site.

 

Reason: To safeguard the local environment in accordance with Core Strategy Policies CS12 and CS32.

 

 

17

The development hereby permitted shall be carried out in accordance with the details of measures to ensure reptiles will not be harmed as approved by thelocal planning authority under reference 4/02539/17/DRC. 

 

Reason: To avoid harming reptiles which may potentially be present and to accord with adopted Core Strategy Policy CS26.

 

 

18

The development hereby permitted shall be carried out in accordance with the scheme for the provision of a fire hydrant(s) to serve the development as approved by the local planning authority under reference 4/02540/17/DRC. The development shall not be occupied until the approved scheme of fire hydrant(s) has been installed.

 

Reason: To ensure water supplies are provided to adequately serve the site in accordance with BS 9999.

 

 

19

Details of any external lighting shall be submitted to and approved in writing by the local planning authority before the buildings are occupied and implemented 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 and to accord with adopted Core Strategy Policy CS32.

 

 

20

Prior to the occupation of Unit 4 for any use other than as a data centre, details of the reinstatement of the vehicular parking, loading bays and dock levellers, and the removal of all external plant and machinery shall be submitted to and approved in writing by the Council and all works carried out in accordance with these details.

.

 

Reason:  To ensure that parking and servicing arrangements for alternative uses do not detrimentally impact on the surrounding highway network and safeguard highway safety to comply with Policies CS9 and CS34 and the NPPF.

 

21

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

 

A01-001 Rev P02 – Site Location Plan

A01-002 Rev P02 – Landscape Proposal

A01-003 Rev P02 – Landscape Section

A20-000 Rev P03 – Ground Floor

A20-010 Rev P03 – First Floor

A20-020 Rev P02 – Roof Plan

A20-700 Rev P03 - Elevations

A21-902 Rev P01 – Security Fence

 

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

 

Article 35 Statement

 

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant at the pre-application stage and during the determination process which lead to improvements to the scheme. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015. 

 

 

 

Supporting documents: