Minutes:
The Case Officer, Nigel Gibbs, introduced the report to Members and said that the application had been referred to committee as the recommendation to support the application is contrary to Bovingdon Parish Council’s view.
It was proposed by Councillor Maddern and seconded by Councillor Durrant to DELEGATE the application WITH A VIEW TO APPROVAL in line with the officer’s recommendation.
Vote:
For: 6 Against: 1 Abstained: 2
Resolved: That in accordance with paragraph 5.(1) of the Town and Country Planning (Consultation) (England) Direction 2009 the application be REFERRED to the Secretary of State (DCLG).
In the event that the Secretary of State does not call in the application the application is DELEGATED to the Group Manager - Development Management & Planning WITH A VIEW TO APPROVAL subject to the completion of a planning obligation under s.106 of the Town and Country Planning Act 1990 and the draft list of conditions below.
That the following Heads of Terms or such other terms as the Committee may determine, be agreed:
· Affordable housing at 35% based upon an Apartment Block (15 units) for Rent, 3 two bedroom and 3 three bedroom units for shared ownership.
· The relocated mobile homes to be limited to a period equivalent to the occupancy by the current occupants and the land to reinstated to its existing condition.
· £15,000 to allow the bus stop outside the site to be upgraded.
· £8,000 to allow the provision of easy access kerbing at the bus stop opposite the site.
Note: A Section 278 Agreement would also be necessary to address any changes to the highway network in particular changes to the proposed site access arrangements and for the provision of a pedestrian crossing at a suitable location near the site.
Conditions
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Condition |
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1 |
Approval of the details of the external appearance of the buildings and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before the development commences. The reserved matters shall accord with the plan(s)/details approved.
Reason: To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990. |
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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. |
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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, whichever is the later.
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. |
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4 |
The existing main building (as referred as No.1 shown by Drawing No.PS -06 Rev B: Proposed Development) and the ice house shall be permanently retained and no demolition of any buildings at the site shall be carried out until a scheme is submitted to and approved by the local planning authority showing exactly how the retained existing main building and ice house are to be restored and thereafter permanently retained and maintained. No part of the development hereby permitted shall be occupied until the existing retained main building is restored fully in accordance with the approved restoration scheme to a standard available for occupation and the ice house has also been restored fully in accordance with the approved scheme.
Reason: In the interests of the character and appearance of the locality in accordance with Policies CS12 and CS27 of Dacorum Core Strategy 2013. |
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5 |
The three apartment blocks hereby permitted shall be no higher than the ridge level of the retained part of the existing building at the site and be of a two and half storey design.
Reason: In the interests of the character and appearance of the development within the rural street scene and the openness the Green Belt in accordance with Policies CS5, CS12 and CS27 of Dacorum Core Strategy 2013. |
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6 |
Notwithstanding the details submitted with this application details submitted for the approval of the local planning authority in accordance with Condition (1) and other conditions shall include:
(a) all materials, (b) means of enclosure; (c) soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants (to include structurally diverse habitat and local species of provenance), noting species, plant sizes and proposed numbers/densities where appropriate. Details shall include replacement hedgerow planting; (d) existing trees and hedgerows to be retained; (e) restoration scheme for the retained main building and icehouse; (f) tree removal; (g) tree planting, including species, planting location, timing of planting, specification and maintenance. Details shall include details of the community open space; (h) tree protection measures during the whole duration of the construction of the development; (i) measures for biodiversity enhancement; (j) a programme for the management for the soft planting and all areas of open space; (k) proposed finished levels; (m) external lighting; (r) minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs etc.); and s) the rear elevation of the dwelling on Plot 2 shall be positioned 23m from the nearest elevation two storey part of Highcroft Farm.
The requirements of (a) to (d), (g), (j) and (k) inclusively shall be submitted within one month of the date of the commencement of the development and the requirements of (e), (f), (h) and (i) shall be submitted before the commencement of the development hereby permitted .
All the approved hard and soft landscape works shall be carried out fully in accordance with a specified timetable fully in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and biodiversity in accordance with Policies CS5, CS12 , CS13, CS25, CS26, CS27 and CS32 of Dacorum Core Strategy 2013 and saved Policies 99, 100, 102 and 113 and Appendices 3 and 8 of Dacorum Local Plan. |
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7 |
Ten percent of the dwellings hereby permitted shall be designed as lifetime homes.
Reason: To accord with the background paragraph 14.29 of the Dacorum Core Strategy and its associated Polices CS18 and CS29 and saved Policy 18 of Dacorum Borough Local Plan. |
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8 |
An Ecological and Landscape Management Plan shall be submitted to, and approved in writing by, the local planning authority prior to the demolition of any buildings at the site, as part of the reserved matters. This shall include long term design objectives, a timetable, the permanent management responsibilities and maintenance schedules for the communal amenity and landscape areas, details of the mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body responsible for its delivery. The plan shall also set out (where the results form monitoring show that conservation aims and objectives of the plan are not being met) contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The Management Plan shall be carried out fully in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and biodiversity in accordance with Policies CS5, CS12, CS13, CS25, CS26 and CS29 of Dacorum Core Strategy 2013 and saved Policies 99, 100, 102 and 113 and Appendices 3 and 8 of Dacorum Local Plan. |
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9 |
Any tree, hedge 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 another tree, shrub or section of hedge of the same species and size as that originally planted shall be planted at the same place in the next planting season, unless the local planning authority gives its written consent to any variation. For the purposes of this condition the planting season is between 1 October and 31 March.
Reason: In the interests of the character and appearance of the site and biodiversity in accordance with Policies CS5, CS10, CS12, CS13, CS25, CS26 and CS29 of Dacorum Core Strategy 2013 and saved Policies 99, 100 and 102 of Dacorum Local Plan. |
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10 |
Before the commencement of the development herby permitted details of any earth works relating to the land within the vicinity of the preserved trees and icehouse shall be submitted to and approved in writing by the Local Planning Authority. These details shall include the proposed grading and mounding of the land areas with reference to the levels and contours to be formed, showing relationship with the existing preserved trees and tree protection measures. Development shall be carried out in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and biodiversity in accordance with Policies CS5, CS12, CS13, CS25, CS26 and CS29 of Dacorum Core Strategy 2013 and saved Policies 99, 100, 102 and 113 and Appendices 3 and 8 of Dacorum Local Plan. |
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11 |
No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP shall include the following.
Risk assessment of potentially damaging construction activities. Identification of 'biodiversity protection zones'. Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). The location and timings of sensitive works to avoid harm to biodiversity features. The times during which construction when specialist ecologists need to be present on site to oversee works. Responsible persons and lines of communication. The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
Reason: In the interests of landscape and biodiversity in accordance with Policies CS5, CS12, CS25, CS26 and CS29 of Dacorum Core Strategy 2013 and saved Policies 99, 100 and 102 of Dacorum Local Plan. |
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12 |
The provision of the two mobile homes shall be ready for full occupation with all services, including all fire access arrangements, in advance of the removal and clearance of any part of the mobile home park and before any demolition works ( excluding the demolition of the existing garage to facilitate the accommodation of the mobile homes) and before the commencement of the development herby permitted a Demolition Method Statement shall be submitted to and approved in writing by the local planning authority for a management schem . The development shall be carried out fully in accordance with the approved Demolition Method Statement.
Reason: To ensure that the mobile homes are available for occupation and the development is safely carried out in accordance with Policy CS32 of Dacorum Core Strategy 2013.
Informative
The Demolition Method Statement's purpose is to control and minimise emissions of pollutants from and attributable to the demolition of the development. This should include a risk assessment and a method statement in accordance with the control of dust and emissions from construction and demolition Best Practice Guidance published by London Councils and the Greater London Authority. The scheme shall set out the secure measures, which can, and will be put in place. |
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13 |
Notwithstanding the submitted details and other conditions subject to this planning permission before the development herby permitted full details (in the form of scaled plans and / or written specifications) shall be been submitted to and approved in writing by the local planning authority to illustrate the following and where appropriate alternative details to those shown by the layout PS04 Rev H:
i) Roads, footways. ii) Cycleways and cycle storage. iii) Foul and surface water drainage. iv) Visibility splays/sight lines. v) Access arrangements including access for persons with disabilities. vi) Parking provision in accordance with adopted parking standards based upon the approved layout with 4% of the spaces designed for persons with disabilities and 4 additional parking spaces available for communal use. vii) Turning areas and swept path analysis/ assessment including fire access requirements (with reference to the loading capacity and accessibility for fire tenders for access to all parts of the development and fire hydrants) and refuse vehicles, including Stable Lodge and the mobile homes. viii) Individual and communal refuse storage for all units with shared footpath access to the rear gardens for Plots 9 to 12 and alternative locations for the bin stores. ix). Electrical Charging points. x). Slab levels in relation to all parking and turning areas.
Setting aside the requirements to service the mobile homes hereby permitted subject Condition 12 shall the approved details shall be provided before the occupation of any of the dwellings hereby permitted and thereafter all the approved details shall be retained and maintained fully in accordance with the approved details and only used for the approved purposes.
Reason: To ensure suitable, safe and satisfactory planning and development of the site in accordance in the interests of ensuring highway safety and that the development is served by an adequate roadway for fire , refuse and other servicing vehicles and to provide adequate parking in accordance with Policies CS8 and CS12 of Dacorum Core Strategy 2013 and Policies 54 and 58, Appendices 3 and 5 of the saved Dacorum Borough Local Plan and Policy 5, 19 and 20 of Hertfordshire's Local Transport Plan (adopted 2018). |
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14 |
At least three months before the first occupation of the approved development (with the exception of the mobile homes) a 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 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). |
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15 |
No development shall commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the 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. Access arrangements to the site; c. Traffic management requirements d. Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas); e. Siting and details of wheel washing facilities; f. Cleaning of site entrances, site tracks and the adjacent public highway; g. Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times; h. Provision of sufficient on-site parking prior to commencement of construction activities; i. Post construction restoration/reinstatement of the working areas and temporary access to the public highway; j. where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements.
Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way in accordance with Policies 5, 12, 17 and 22 of Hertfordshire's Local Transport Plan (adopted 2018) and Policies CS8 and CS12 of Dacorum Core Strategy 2013. |
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16 |
In addition to the drainage requirements as required by Hertfordshire County Council Highways under Condition 13 the development hereby permitted shall be carried out fully in accordance with the following drainage requirements:
A) The Flood Risk Assessment and Outline Drainage Strategy carried out by Curtins reference 070240-CUR-00-XX-RP-D-92001 Rev V02 dated 24 October 2018 and the email dated 04 February 2019 and the following mitigation measures:
1. Provision of 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, and 2. Implementation of a drainage strategy based on infiltration and permeable paving as indicated and infiltration basin on the proposed drainage strategy drawing.
B) No development shall commence until the final design of the drainage scheme is completed and submitted to and approved in writing by the local planning . The surface water drainage system shall be based on the submitted the Flood Risk Assessment and Outline Drainage Strategy carried out by Curtins reference 070240-CUR-00-XX-RP-D-92001 Rev V02 dated 24 October 2018, email dated 04 February 2019. The scheme shall also include:
1. Detailed infiltration testing carried out at the location of the proposed SuDS features. 2. Demonstration of an appropriate SuDS management and treatment train for surface water from the highway and the inclusion of above ground features. 3. Detailed engineered drawings of the proposed SuDS features including their, location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance climate change event. This shall be supported by a clearly labelled drainage layout plan showing pipe networks. The plan shall show any pipe 'node numbers' that have been referred to in network calculations and it shall also show invert and cover levels of manholes. 4. Details regarding any areas of informal flooding (events those exceeding 1 in 30 year rainfall event), this should be shown on a plan with estimated extents and depths. 5. Details of final exceedance routes, including those for an event which exceeds to 1:100 + cc rainfall event.
C). Upon the completion of the drainage works for each site in accordance with the timing / phasing, a management and maintenance plan for the SuDS features and drainage network the following details shall be submitted to and approved in writing by the local planning authority. The scheme shall include:
1. Provision of complete set of as built drawings for site drainage. 2. Maintenance and operational activities. 3. Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.
Reason: To ensure that the site is served by an acceptable drainage scheme in accordance with Policies CBS 29 and CS31 of Dacorum Core Strategy. with specific reference to the following:
A). To reduce the risk of flooding to the proposed development and future occupants .
B). To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site
c). To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site. |
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17 |
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, in accordance with Policy CS32 of the Dacorum Core Strategy 2013. |
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18 |
All remediation or protection measures identified in the Remediation Statement referred to in Condition 17 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, in accordance with Policy CS32 of the Dacorum Core Strategy 2013.
Informative: Paragraph 178 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 |
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19 |
Before the commencement of the development hereby permitted an assessment of the noise on each habitable room (due to its exposure to transportation noise) shall be submitted to the local planning authority. Where the assessment identifies that mitigation measures are required to protect likely future occupiers from noise, the assessment shall provide an outline mitigation statement having regard to the principles of good acoustic design. The approved scheme of mitigation shall be carried out fully in accordance with the approved details before the occupation of any of the dwellings hereby permitted and thereafter the approved measures shall be retained and maintained at all times.
Reason: In the interests of the residential amenity of the dwellings hereby permitted in accordance with Policy CS32 of Dacorum Core Strategy 2013. |
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20 |
Any exterior lighting serving the development hereby permitted be shall be installed and thereafter retained and maintained fully in accordance with details submitted to and approved in writing by the local planning authority. All the lighting shall be installed before the first occupation of any of the dwellings hereby permitted.
Reason: In the interests of the local environment and highway safety in accordance with accord with the requirements of Policies CS12, CS27, CS29 and CS32 of the Dacorum Core Strategy 2013, Policy 113 and Appendix 8 of the saved Dacorum Borough Local Plan and Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018). This is also with specific reference to the specific responses of Hertfordshire Ecology and Hertfordshire County Council Highways which have both expressed the need to address exterior lighting. In this respect Hertfordshire County Council Highways has advised that no development shall commence until a review of road lighting has been undertaken as part of the Section 278 Agreement and Detailed Design review. |
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21 |
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 within Plots 2, 3 4 , 14 and 15 with the exception of a an outbuilding measuring no greater than 3m in length by 3m n width and 4 metres in height in the case of a building with a dual-pitched roof, 2.5 metres in the case of an outbuilding, within 2 metres of the boundary of the curtilage of the dwelling house 3 metres in any other case:
Schedule 2 Part 1 Classes A and E.
Reason: To enable the local planning authority to retain control over the development in the interests of and the Green Belt in accordance with Policies CS5 and CS12 of the Dacorum Core Strategy 2013. |
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22 |
Subject to the requirements of other conditions of this planning permission the development hereby permitted shall be carried out in accordance with the following plans:
PS -02 Rev B PS 04 Rev G
Reason: For the avoidance of doubt and in the interest 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 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 (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.
INFORMATIVES
Contamination
In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the Local Planning Authority with all works temporarily suspended.
Advice from the Environment Agency
We are currently operating with a significantly reduced resource in our Groundwater and Contaminated Land Team in Hertfordshire and North London Area. This has regrettably affected our ability to respond to Local Planning Authorities for some planning consultations. We are not providing specific advice on the risks to controlled waters for this site as we need to concentrate our local resources on the highest risk proposals.
We recommend, however, that the requirements of the National Planning Policy Framework and National Planning Policy Guidance (NPPG) are still followed. This means that all risks to groundwater and surface waters from contamination need to be identified so that appropriate remedial action can be taken. This should be in addition to the risk to human health that your Environmental Health Department will be looking at. We expect reports and Risk Assessments to be prepared in line with our Groundwater Protection guidance (previously covered by the GP3) and CLR11 (Model Procedures for the Management of Land Contamination).
In order to protect groundwater quality from further deterioration: ? No infiltration-based sustainable drainage systems should be constructed on land affected by contamination, as contaminants can remobilise and cause groundwater pollution. ? Piling, or any other foundation designs using penetrative methods, should not cause preferential pathways for contaminants to migrate to groundwater and cause pollution. ? Decommission of investigative boreholes to ensure that redundant boreholes are safe and secure, and do not cause groundwater pollution or loss of water supplies, in line with paragraph 170 of the National Planning Policy Framework.
The applicant should refer to the following sources of information and advice in dealing with land affected by contamination, especially with respect to protection of the groundwater beneath the site: ? From www.gov.uk: - The Environment Agency's approach to groundwater protection (2017) - Our Technical Guidance Pages, which includes links to CLR11 (Model Procedures for the Management of Land Contamination) and GPLC (Environment Agency's Guiding Principles for Land Contamination) in the 'overarching documents' section - Use MCERTS accredited methods for testing contaminated soils at the site
? From the National Planning Practice Guidance: - Land affected by contamination
? British Standards when investigating potentially contaminated sites and groundwater: - BS 5930:2015 Code of practice for site investigations; - BS 10175:2011+A2:2017 Code of practice for investigation of potentially contaminated sites - BS ISO 5667-22:2010 Water quality. Sampling. Guidance on the design and installation of groundwater monitoring points - BS ISO 5667-11:2009 Water quality. Sampling. Guidance on sampling of groundwaters (A minimum of 3 groundwater monitoring boreholes are required to establish the groundwater levels, flow patterns and groundwater quality.)
All investigations of land potentially affected by contamination should be carried out by or under the direction of a suitably qualified competent person. The competent person would normally be expected to be a chartered member of an appropriate body (such as the Institution of Civil Engineers, Geological Society of London, Royal Institution of Chartered Surveyors, Institution of Environmental Management) and also have relevant experience of investigating contaminated sites.
Section 278 Agreement
Any changes to the highway network would be subject to a Section 278 Agreement, in particular changes to the proposed site access arrangements and for the provision of a pedestrian crossing at a suitable location near the site.
Storage of materials
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/business-and- developer-information/business-licences/business-licences.aspxor by telephoning 0300 1234047.
Obstruction of public highway land
It is an offence under section 137 of the Highways Act 1980
Electrical Charging
Hertfordshire County Council Highways has advised that development should include provision for 10% (site by site decision depending on nature and size of development) of the car parking spaces to be designated for plug-in Electric Vehicles (EV) and served by EV ready (domestic and/or fast) charging points. Reason: To ensure construction of a satisfactory development and to promote sustainable development in accordance with Policies 5, 19 and 20 of Hertfordshire's Local Transport Plan (adopted 2018).
Ecological Issues
Hertfordshire Ecology has advised :
1 The Phase 1 Habitat Survey (June 2017) includes a bat Preliminary Roost Assessment in respect of building inspections. No evidence was found but buildings and several trees had potential. An ice house was not inspected. The Habitat Survey described the habitat features within the site and appears to be a reasonable and valid account. Other than mature trees no features of particular significance were identified although the semi-improved grassland (Target Notes S1, S2) was considered to have a good diversity of plants. Breeding bird potential was identified. No evidence of badgers other than potential for foraging. There is potential for hedgehogs. The need for various further surveys was also identified – mainly bats and reptiles. It is, however, disappointing that the survey Target Notes results are not included within the Report, so there is no means of assessing the conclusions based upon the evidence presented.
2.2 The site is considered to have low-moderate ecological potential. This is a reasonable assessment – but in the context of the site itself. Given its location, other surrounding habitats would probably have a similar value. Consequently, the ecological value does not represent a significant constraint on development.
3.1 Further bat activity surveys (July-Sept 2017) found evidence of bat roosting in a number of buildings, low numbers of common pipistrelle and brown long-eared bats, with other bat species foraging. The building complex has an associated complex array of roof structures, so some use is not surprising. It is interesting to note that activity was especially high around T1 which is immediately adjacent to the Ice House, although obviously there is no direct connection unless the building is used for roosting, for which there is no evidence. Outline mitigation has been proposed which includes bat boxes and access tiles, and is acceptable. It is recognised an EPS licence will be required and there is no reason to believe that such a licence would not be issued.
3.2 Bat enhancements are suggested, including limiting lighting and associated advice, which HE support. The only missing aspect is the ice house, which should be subject to protection, surveys and enhancement for bats for use as a roosting or hibernation resource. Such proposals were not identified with previous surveys, but should certainly be considered now.
4. The reptile survey (August-Sept 2017) found no evidence of reptiles although habitat enhancements are suggested.
5. An Ecological update report (Sept 2018) has been provided.HE support the mitigation and enhancements proposed, although no details on Target Notes have been provided. The report does not identify any major constraints and HE ave no reason to consider otherwise. Consequently HE have no objections to the development on the grounds of ecology.
6. HE consider the proposals will impact on the local ecology in a number of ways leading to a local net loss, although HE consider this to be relatively minor for what is essentially a largely developed site. New tree planting and retained areas will largely compensate for any losses.
7. HE consider the most significant aspects of the site to be the retained trees, ice house and adjacent habitat, and the area of open grassland in the south of the site. The proposals are not clear for this area – one plan suggests retention of trees on this area – but there aren't any other than along the boundary. HE acknowledge the proposed ecological enhancements but do not consider they make the most of the opportunities available on this site associated with the most valuable features HE has highlighted.
8. Consequently in respect of further enhancement, HE consider the following needs to be developed further: 8.1 Conservation and enhancement of the Ice House and surrounding habitat for bats; 8.2 Retention and management of the open grassland in the south of the site, also identified as supporting self-set trees and saplings. Currently no development proposals have been presented for this area – it is identified in the site layout plan (Fig 3, Planning Statement) for retention (Drawing PS-04) although it is also shown as Public Open Space and 'attenuation feature' within the Arboricultural Impact Assessment (p.17, Tree Retention and Removal Plan). This could be cleared and retained and managed as a wildflower meadow for the benefit of ecology and the local community, depending on whether the site already has some interest; however, it is not possible to determine this from the survey information – which HE consider should be provided in order to make an informed judgement; 8.3 Alternatively – or in addition to the grassland management - the area could be planted to create a local community orchard, which would provide both an amenity and ecological asset. This would be suitable if the existing grassland was not of particularly high quality. Currently no proposals for use or management of this area have been provided, so this remains a valuable opportunity without compromising the existing development proposals themselves.
9. Consequently, if approved, HE would consider that a landscape and ecology management plan (LEMP) should be submitted as a Condition to the satisfaction of the LPA which addresses these issues. I can provide further advice in respect of orchard creation if requested.
10. A lighting plan should also be submitted as a Condition to demonstrate how local impacts of light pollution will be controlled and reduced, particularly in the area of the ice house.
11. HE consider the enhancements outlined above are consistent with the aims of NPPF in respect of generating ecological gains from development.
12. If the above approach is not supported by the LPA or the development – HE suspect the open grassland area is likely to be identified for general amenity use and also possibly for SUDS – which will largely remove any existing interest or potential – then HE would expect this impact to be compensated with appropriate Biodiversity Offsetting support for projects elsewhere in the local area. I can advise further on opportunities for this if requested.
Crime Prevention/ Security
Hertfordshire Constabulary Design Out Crime Officer confirms that there is no objection to this application, however there is no reference to of security or crime prevention in the documentation. It is requested t the applicant considers building the development to the Physical Security standard Secured by Design which will also meet the requirements of Building Regulations (Approved document Q).
Thames Water Advice
Waste Comments With regard to surface water drainage, Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water we would have no objection. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. Should you require further information please refer to our website. https://developers.thameswater.co.uk/Developing-a-large-site/Apply-and-pay-for-services/Wastewater-services
There may be public sewers crossing or close to your development. If you discover a sewer, it's important that you minimize the risk of damage. We'll need to check that your development doesn't limit repair or maintenance activities, or inhibit the services we provide in any other way. The applicant is advised to read our guide working near or diverting our pipes. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-near-or-diverting-our-pipes.
Thames Water would recommend that petrol / oil interceptors be fitted in all car parking/washing/repair facilities. Failure to enforce the effective use of petrol / oil interceptors could result in oil-polluted discharges entering local watercourses.
Water Comments With regard to water supply, this is within the area covered by the Affinity Water Company at The Hub, Tamblin Way, Hatfield, Herts, AL10 9EZ - Tel - 0845 782 3333.
Cadent Gas Advice
Considerations in relation to gas pipeline/s identified on site:
Cadent have identified operational gas apparatus within the application site boundary. This may include a legal interest (easements or wayleaves) in the land which restricts activity in proximity to Cadent assets in private land. The Applicant must ensure that proposed works do not infringe on Cadent's legal rights and any details of such restrictions should be obtained from the landowner in the first instance.
If buildings or structures are proposed directly above the gas apparatus then development should only take place following a diversion of this apparatus. The Applicant should contact Cadent's Plant Protection Team at the earliest opportunity to discuss proposed diversions of apparatus to avoid any unnecessary delays.
If any construction traffic is likely to cross a Cadent pipeline then the Applicant must contact Cadent's Plant Protection Team to see if any protection measures are required.
All developers are required to contact Cadent's Plant Protection Team for approval before carrying out any works on site and ensuring requirements are adhered to.
Energy Source Condition
With the applicant failing to state explicitly in the submitted energy report the site energy source; should the development have CHP or biomass, the CHP and or biomass boilers must not exceed the Band B Emission Standards for Solid Biomass Boilers and CHP Plant as listed in Appendix 7 of the London Plan's Sustainable Design and Construction SPG document.
a).Prior to the development commencing, evidence to demonstrate compliance with these emission limits should be will be submitted to the Local Planning Authority for approval.
b). Prior to installation, details of the boilers shall be forwarded to the Local Planning Authority for approval. The boilers shall have dry NOx emissions not exceeding 40 mg/kWh (0%).
c). The CHP must have a discharge stack which is at least 3m above any openable windows or ventilation air inlets within a distance of 5Um. Details to demonstrate compliance with this condition must be submitted to the local authority for approval prior to works commencing.
Site Waste Management Plan
Hertfordshire County Council has advised:
Government policy seeks to ensure that all planning authorities take responsibility for waste management. This is reflected in the county council's adopted waste planning documents. In particular, the waste planning documents seek to promote the sustainable management of waste in the county and encourage districts and boroughs to have regard to the potential for minimising waste generated by development. Most recently, the Department for Communities and Local Government published its National Planning Policy for Waste (October 2014) which sets out the following:
'When determining planning applications for non-waste development, local planning authorities should, to the extent appropriate to their responsibilities, ensure that: the likely impact of proposed, non- waste related development on existing waste management facilities, and on sites and areas allocated for waste management, is acceptable and does not prejudice the implementation of the waste hierarchy and/or the efficient operation of such facilities; new, non-waste development makes sufficient provision for waste management and promotes good design to secure the integration of waste management facilities with the rest of the development and, in less developed areas, with the local landscape. This includes providing adequate storage facilities at residential premises, for example by ensuring that there is sufficient and discrete provision for bins, to facilitate a high quality, comprehensive and frequent household collection service; the handling of waste arising from the construction and operation of development maximises reuse/recovery opportunities, and minimises off-site disposal.'
This includes encouraging re-use of unavoidable waste where possible and the use of recycled materials where appropriate to the construction. In particular, you are referred to the following policies of the adopted Hertfordshire County Council Waste Core Strategy and Development Management Policies Development Plan Document 2012 which forms part of the Development Plan. The policies that relate to this proposal are set out below: Policy 1: Strategy for the Provision for Waste Management Facilities. This is in regards to the penultimate paragraph of the policy; Policy 2: Waste Prevention and Reduction: & Policy 12: Sustainable Design, Construction and Demolition.
In determining the planning application, the council is urged to pay due regard to these policies and ensure their objectives are met. The county council would expect detailed information to be provided separately for the demolition, site preparation and construction phases of development The waste arisings will be of a different composition from each of these phases. 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
The SWMP should be set out as early as possible so that decisions can be made relating to the management of waste arisings and so that building materials made from recycled and secondary sources can be used within the development. This will help in terms of estimating what types of containers/skips are required for the stages of the project and when segregation would be best implemented. It will also help in determining the costs of removing waste for a project.
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