Agenda item

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

No development, shall take place until a Phase I Report to assess the actual or potential contamination at the site has been 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 Borough Core Strategy (2013).

3

All remediation or protection measures identified in the Remediation Statement referred to in Condition 2 above 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.

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 because, the safe development and secure occupancy of the site lies with the developer.

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 Borough Core Strategy (2013).

4

Prior to first occupation of the development hereby permitted, full details (in the form of scaled plans and written specifications) have been submitted and approved in writing by the Local Planning Authority to illustrate the following:

Raised hump relocated to the entrance to private access road rather than on the highway in Long Arrotts (this will allow the carriageway on the private access road to be raised to match the height of the existing footway and enable the shared access area to be created without interfering with the highway at the end of the cul-de-sac).

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 51 and 54 of the Dacorum Borough Local Plan (2004), Policy CS8 of the Dacorum Borough Core Strategy (2013) and Paragraphs 108 and 110 of the National Planning Policy Framework (2019).

5

Prior to the first occupation of the development hereby permitted the proposed access, on-site car parking and turning areas shall be laid out, demarcated, levelled, surfaces and drained in accordance with the approved plan and retained thereafter available for that specific use.

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 51 and 54 of the Dacorum Borough Local Plan (2004), Policy CS8 of the Dacorum Borough Core Strategy (2013) and Paragraphs 108 and 110 of the National Planning Policy Framework (2019).

6

The development shall not begin until full details of all proposed construction vehicle access, movements, parking arrangements and wheel washing facilities have been submitted to and approved in writing by the Local Planning Authority. The relevant details should be submitted in the form of a Construction Management Plan and the approved details are to be implemented throughout the construction programme.

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 51 and 54 of the Dacorum Borough Local Plan (2004), Policy CS8 of the Dacorum Borough Core Strategy (2013) and Paragraphs 108 and 110 of the National Planning Policy Framework (2019).

7

A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of development. The content of the LEMP shall include the following:

a) Location, number and type of ecological enhancements;

b) Specifications of species and seed mixes used in landscaping plans;

c) Method statement as to how vegetation and enhancements are to be managed and maintained for the benefit of wildlife.

The development shall be carried out in accordance with the approved details.

Reason: To ensure that the development contributes to and enhances the natural environment in accordance with Policy CS26 of the Dacorum Borough Core Strategy (2013) and Paragraph 170 of the National Planning Policy Framework (2019).

8

Any external lighting scheme should be designed to minimise light spill, in particular directing light away from the boundary vegetation to ensure dark corridors remain for use by wildlife as well as directing lighting away from potential roost / nesting sites. It should follow guidance from the Bat Conservation Trust and CIE 150:2017 Warm-white (long wavelength) lights with UV filters should be fitted as close to the ground as possible. Lighting units should be angled below 70° and equipped with movement sensors, baffles, hoods, louvres and horizontal cut off units at 90°.

Reason:  To identify and ensure the survival and protection of important species and those protected by legislation that could be adversely affected by the development, having regard to Policy CS26 of the Dacorum Borough Core Strategy and Section 15 of the National Planning Policy Framework (2019).

9

Prior to the commencement of the development, a reptile survey shall be carried out within the site by a suitably qualified and experienced ecologist. A report of the findings, including a suitable mitigation/compensation strategy should reptiles be found, shall be submitted to the local planning authority and approved in writing. Thereafter the development shall be carried out in accordance with the approved details.

Reason:  To identify and ensure the survival and protection of important species and those protected by legislation that could be adversely affected by the development, having regard to Policy CS26 of the Dacorum Borough Core Strategy and Section 15 of the National Planning Policy Framework (2019).

10

Construction of the superstructures for the block of flats and bungalow hereby approved shall not take place until full details of both hard and soft landscape works for their respective curtilages (either side of the access road) has been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

all external hard surfaces within the site;

other surfacing materials;

means of enclosure;

soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs;

minor artefacts and structures (e.g. furniture, play equipment, signs, refuse or other storage units, etc.); and

parking spaces allocations including visitor spaces.

The landscape works shall be carried out in accordance with the approved details prior to first occupation of the respective buildings.

Any tree or shrub which forms part of the approved landscaping scheme which within a period of 3 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.

Reason:  To improve the appearance of the development and its contribution to biodiversity and the local environment, as required by saved Policy 99 of the Dacorum Borough Local Plan (2004) and Policy CS12 (e) of the Dacorum Borough Council Core Strategy (2013).

11

Prior to the first occupation of the block of flats hereby permitted, full details of privacy screening to the balconies on Plots 4 and 6 (as annotated on Drawing RT17075/105, Revision PL2) shall be provided and approved in writing by the Local Planning Authority.The development shall be carried out in accordance with the approved details prior to occupation and shall be thereafter retained.

Reason: To safeguard residential amenity and prevent direct overlooking to the private amenity space associated with the property Keeper’s Cottage, in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013).

12

Prior to first occupation of the development hereby permitted, a lighting and signage strategy to ensure pedestrian safety within the site shall be provided and approved in writing by the Local Planning Authority. The approved details shall be implemented in full prior to occupation and shall be thereafter retained. 

Reason:In order to protect pedestrian safety in accordance with Policy CS12 of the Dacorum Borough Core Strategy.

13

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

RT17075_LA_100 (Revision PL7) – Proposed Site Plan

RT17075_LA_101 (Revision PL4) – Proposed Elevations

RT17075_LA_102 (Revision PL2) – Proposed Flat Block Elevations

RT17075_LA_103 (Revision PL4) – Proposed Floor and Roof Plan

RT17075_LA_104 (Revision PL2) – Proposed Flat Block Plan (Level 0)

RT17075_LA_105 (Revision PL2) – Proposed Flat Block Plan (Levels 1 and 2)

MR/170304/FULL/sh – Development Site Impact Assessment & Method Statement

MR/170304TPP – Tree Protection Plan

MR/170304TCP – Tree Constraints Plan

15500/KL Rev A – Sustainable Drainage Strategy

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 pre-application engagement and and early 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.

Informatives

Ecology

Any trenches on site should be covered at night or have mammal ramps to ensure that any animals that enter can safely escape - this is particularly important if holes fill with water.

Any vegetation 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 2 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.

Any limbs and tree sections which exhibit potential roost features (such as knot holes, cavities, etc.) shall be slowly lowered and cushioned, under the direct supervision of a suitably qualified ecologist, thereby reducing the impact on these tree sections as they are brought to the ground. Tree sections shall be left on the ground overnight before removal from the site. In the unlikely event that any bats are roosting this will allow them to disperse.

Highways

The applicant is advised that in order to comply with this permission it will be necessary for the developer of the site to enter into an agreement with Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and associated road improvements. The construction of such works must be undertaken to the satisfaction and specification of the Highway Authority, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx or by telephoning 0300 1234047.

Information on obtaining the extent of public highway around the site can be obtained from the HCC website: www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/extent-of-highways.aspx

Environmental & Community Protection

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.