Agenda item

4/01172/19/MFA - CHANGE OF USE FROM OFFICE (CLASS B1(A)) TO RESIDENTIAL (CLASS C3) AND UPWARD EXTENSION TO CREATE TWO ADDITIONAL LEVELS, TO PROVIDE 33 APARTMENTS COMPRISING 18 ONE-BEDROOM AND 15 TWO-BEDROOM DWELLINGS WITH ASSOCIATED CAR PARKING, BICYCLE AND REFUSE STORAGE - CHARTER COURT, MIDLAND ROAD, HEMEL HEMPSTEAD, HP2 5RL

Minutes:

Councillor Oguchi arrived at 7:07pm and, therefore, did not participate or vote on Item 5b.

Councillor Uttley arrived at 7:24pm and, therefore, also did not participate or vote on Item 5b.

Councillor Beauchamp declared his interest in Item 5b but stated that he had not pre-judged the application and would be approaching it with an open mind. He did, therefore, participate and vote on Item 5b.

The Case Officer, Sally Robbins, introduced the report to Members and said that the application had been referred to the committee as it had been called in by Councillor Beauchamp due to concerns with residential amenity, parking and overdevelopment.

John Cowley spoke in objection of the application.

Sam Galvin spoke in support of the application.

Councillor Beauchamp read out a statement.

It was proposed by Councillor McDowell and seconded by Councillor Maddern to GRANT the application in line with the officer’s recommendation.

There was an equality of votes for the Chairman exercised her casting vote and voted for the officer recommendation, so the application was granted.

Vote:

For: 5                          Against: 4                    Abstained: 0

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

No development shall take place 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 and type

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. Cleaning of site entrances, site tracks and the adjacent public highway

f. Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times

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

h. 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 (2018) and Core Strategy (2013) Policy CS8.

 

 

3

Prior to occupation of the development hereby approved a Servicing and Delivery Plan shall be submitted to and approved in writing by the Local Planning Authority. The Servicing and Delivery Plan shall contain the delivery and servicing requirements (including refuse collection) for the proposed uses, a scheme for coordinating deliveries and servicing for the proposed development, areas within the development site that would be used for loading and manoeuvring of delivery and servicing vehicles, and access to / from the site for delivery and servicing vehicles.

 

Reason: In the interests of maintaining highway efficiency and safety, in accordance with Core Strategy (2013) Policies CS8 and CS12.

 

 

4

No development (other than demolition works) shall take place until details of vehicle tracking of a standard vehicle to/from the parking spaces to demonstrate that the proposed disabled parking bays meet the required number and dimensions.

 

Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policy 5 of Hertfordshire's Local Transport Plan (2018) and Core Strategy (2013) Policy CS12.

 

5

No development (other than demolition works) 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 to 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, in accordance with Core Strategy (2013) Policy CS12.

 

6

No development (other than demolition works) shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include:

 

hard surfacing materials

soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate.

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

                       

Reason: To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area, in accordance with Core Strategy (2013) Policy CS12.

 

7

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 Core Strategy (2013) Policy CS12.

 

8

Prior to the occupation of the development hereby permitted details of the Mechanical Ventilation with Heat Recovery (MVHR) system and a scheme for its maintenance shall be submitted to and approved in writing by the Local Planning Authority. The MVHR system details and scheme for its maintenance shall be provided for the following residential units:

 

- Ground Floor flats 1, 2, 8 and 9

- First Floor flats 10, 11, 17 and 18

- Second Floor flats 19, 25 and 26

- Third Floor flats 27, 32 and 33

 

Development shall be carried out in accordance with the approved MVHR system details prior to first occupation of the above listed residential units.

 

Reason: In order to safeguard the residential amenity of the occupants of the development from external noise sources and to ensure that the residential units are adequately ventilated, in accordance with Core Strategy (2013) Policies CS12 and CS32.

 

9

Prior to first occupation of the development, a Car and Cycle Parking Management Plan shall be submitted to and approved in writing by the Local Planning Authority. It shall include the following:

 

-  Details of car parking allocation and distribution

-  Methods to minimise on-street car parking

-  Monitoring required of the Car Parking Management Plan to be submitted to and approved in writing in accordance with a timeframe to be agreed by the local planning authority.

 

The Car Parking Management Plan shall be fully implemented before the development is first occupied or brought into use, in accordance with a timeframe agreed by the Local Planning Authority, and thereafter retained for this purpose.

 

Reason: In the interests of highway safety and to ensure sufficient available on-site car parking and the provision of adequate cycle parking that meets the needs of occupiers of the proposed development and in the interests of encouraging the use of sustainable modes of transport, in accordance with Core Strategy (2013) Policy CS8.

 

10

Prior to the occupation of the development hereby permitted, details of the obscure glazing to the east elevation shown on drawing number A021 Rev P4 shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and permanently retained.

 

Reason: To protect the residential amenity of the residents of Mosaic House, and to preserve the mutual privacy of Charter Court and Mosaic House, in accordance with Core Strategy (2013) Policy CS12.”

 

 

11

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

 

A001 REV P3 (Location Plan)

A010 REV P2 (Proposed Site Plan)

 

A011 REV P4 (Proposed Plans Basement and Ground Floor)

A012 REV P4 (Proposed Plans First and Second Floor)

A013 REV P4 (Proposed Plans Third Floor and Roof Plan)

 

A020 REV P3 (Proposed Elevations)

A021 REV P4 (Proposed Elevations)

A022 REV P2 (Proposed Street View)

A023 REV P2 (Proposed Sections)

 

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 early 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 (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015. 

 

INFORMATIVES

 

1. Construction Hours of Working - (Plant & Machinery) - In accordance with the councils adopted criteria, all noisy works associated with site demolition, site preparation and construction works shall be limited to the following hours: 0730hrs to 1730hrs on Monday to Friday, 08:00hrs to 1300hrs Saturday, and no noisy works permitted at any time on Sundays or bank holidays.

 

2. Construction Dust - Dust from operations on the site should be minimised by spraying with water or by carrying out of other such works that may be necessary to suppress dust. Visual monitoring of dust is to be carried out continuously and Best Practical Means (BPM) should be used at all times. The applicant is advised to consider the control of dust and emissions from construction and demolition Best Practice Guidance, produced in partnership by the Greater London Authority and London Councils.

 

3. Noise on Construction/Demolition Sites - The attention of the applicant is drawn to the Control of Pollution Act 1974 relating to the control of noise on construction and demolition sites.

 

 

 

Supporting documents: