Agenda item

4/00755/19/FHA - ENCLOSED OUTDOOR SEATING AREA - 28 SILVERTHORN DRIVE, HEMEL HEMPSTEAD, HP3 8BU

Minutes:

The Case Officer, Will Collier, introduced the report to Members and said that the application had been referred to committee as the recommendation is contrary to parish objection.

 

Marta Thomas spoke in objection of the application.

 

Nash Mills Parish Councillor Alan Briggs spoke in objection of the application.

 

David Conway spoke in support of the application.

 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Woolner 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 carried out in accordance with the following approved plans/documents:

 

DA-BR 001-A3-REV B

DA-PL/005 02 REV B

DA-PL 006 REV A

DA-PL/008 02 REV B

DA-PL/009 02 REV C

 

DESIGN AND ACCESS STATEMENT July 2019

NOISE REPORT (Ref 297479-02(00) July 2019)

 

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

 

 

3

There shall be no use of the enclosed outdoor seating area before the full implementation of the noise mitigation measures specified in the RSK report 'Enclosed Outdoor Seating Area' - 28 Silverthorn Drive Noise Assessment 297479-02(00) July 2019. Mitigation measures shall be implemented in accordance with Plan DA-PL009-02-REV-B Proposed elevations which include a double-brick wall up to ceiling level with an acoustic absorbent material along the cavity, extended along the length of the southern (boundary facing No. 26) and eastern sides of the structure; and shall be retained thereafter.

 

Reason: To mitigate harm from noise associated with the outdoor seating area in accordance with Policy CS32 of the adopted Dacorum Borough Core Strategy.

 

 

4

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 on the development hereby permitted (outdoor seating area) without the prior written approval of the local planning authority:

Schedule 2 Part 1 Class A, B, C and G

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.

 

 

5

The external brickwork of the proposed cavity walls on the southern and eastern elevations shall be of a similar appearance in size, colour and texture the existing external brickwork on the northern elevation of the structure.

 

Reason:  To ensure a satisfactory appearance to the development.

 

 

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. 

 

 

 

Supporting documents: