Agenda item

4/01557/19/FUL - DEMOLITION OF EXISTING DWELLING. CONSTRUCTION OF A PAIR OF SEMI-DETACHED DWELLINGS. - HILLCREST, KINGSHILL WAY, BERKHAMSTED, HP4 3TP

Minutes:

Councillor Woolner declared her interest and stated that she would not be taking part as she had sat on the Berkhamsted Town Council planning committee regarding Item 5g.

The Case Officer, Simon Dunn Lwin, introduced the report to Members and said that the application had been referred to committee due to the contrary view of Berkhamsted Town Council.

Berkhamsted East Town Councillor Garrick Stevens spoke in objection of the application.

Peter Baker spoke in support of the application.

Reposition of the garages was discussed in the meeting to demonstrate satisfactory turning space within the site to allay the committee’s concerns.

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

Vote:

For: 6                          Against: 3                    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:

 

11798(L) 00-100 - Site Location Plan

11798(L) 00-101B - Proposed Site Plan

11798(L) 00-102A - Proposed Block Plan

11798(L) 00-103 - Proposed Floor Plans

11798(L) 00-104A - Proposed Roof Plan

11798(L) 00-105D - Proposed Plots A and B Elevations

11798(L) 00-106A - Existing Block Plan with Proposed Overlaid

11798(L) 00-107A - Proposed Plots A & B garage Elevations

BAT REPORT

DESIGN AND ACCESS

CIL Form V3

 

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

 

3

Construction of the development hereby approved shall not commence until a Construction Management Plan has been submitted to and approved in writing by the local planning authority in consultation with the highway 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 and storage compounds (including areas designated for car parking);

b. Siting and details of wheel washing facilities;

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

d. Timing of construction activities to avoid school pick up/drop off times;

 

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way Core Strategy Policy CS8.

 

 

 

4

No development 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 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 and comply with Core Strategy Policy CS12.

 

 

5

No development shall take place until full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority.  These details shall include:

 

  • hard surfacing materials;
  • means of enclosure;
  • 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;
  • trees and hedges to be retained and measures for their protection during construction works;
  • proposed finished levels or contours;
  • car parking and garage layouts and other vehicle and pedestrian access and circulation areas;
  • minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc);
  • proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc);
  • retained historic landscape features and proposals for restoration, where relevant.

 

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 to comply with Core Strategy Policy 12.

 

6

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:

 

Schedule 2 Part 1 Classes A, B, C, E, F and G

Part 2 Classes A and B.

 

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.

 

7

The development shall not be occupied until the area to the front of the garages shown on approved Drawing No. 11798(L) 00-101B has been drained and surfaced, as approved under Condition 5 of this permission, and that area shall not thereafter be used for any purpose other than the parking of vehicles.

 

Reason:  To ensure the adequate and satisfactory provision of off-street vehicle parking facilities to comply with Core Strategy Policy CS8.

 

 

Informatives:

 

Article 35 Statement

 

1. 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 (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015. 

 

2. Obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence. Further information is available via the website: http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

 

3. Road Deposits: It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available via the website http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

 

4. 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-and-developer-information.aspx

 

5. In the event of bats or evidence of them being found, work must stop immediately and advice taken on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England.

 

6. Any demolition of the building or clearance of vegetation 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 two 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.

 

 

 

Supporting documents: