Agenda item

4/01534/19/FUL - DEMOLITION OF EXISTING COMMERCIAL/ANCILLARY RESIDENTIAL OUTBUILDING AND CONSTRUCTION OF TWO, ONE AND A HALF STOREY THREE BED SEMI DETACHED DWELLINGS - WOODLANDS, NOAKE MILL LANE, WATER END, HEMEL HEMPSTEAD, HP1 3BB

Minutes:

The Case Officer, Briony Curtain, introduced the report to Members and said that the application had been referred to the committee due to the Parish Council objection.

 

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

 

Vote:

 

For: 11                         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 ofthree 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

Nodevelopment other than demolition, site preparation, groundworks and footings shall take place until samples 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. A sample panel at least 1m by 1m shall be prepared for inspection and shall include details of the pointing and the finished colour of the timber cladding.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Core Strategy.

 

 

3

Notwithstanding the details submitted, no development other than demolition, site preparation, groundworks and footings shall take place until 1:20 details of the following (including materials and finished colour) shall have been submitted to and approved in writing by the Local Planning Authority.

 

·         doors and windows

·         rooflights

·         eaves and other joinery

·         bin storage enclosure

 

All rainwater goods shall be finished black with a round profile.

 

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

 

Reason: to ensure a satisfactory appearance to the development in the interests of the visual amenities of the area in accordance with Policy Cs12 of the Core Strategy 2013.

 

4

Not withstanding any details shown, full details of the following shall be submitted to and approved in writing by the Local Planning Authority.

 

·         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 to be retained and measures for their protection during construction works;

·         proposed finished levels or contours;

·         sustainable urban drainage measures

·         minor artefacts and structures (e.g. signs, lighting);

·         proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc);

 

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

 

Any tree or shrub which forms part of the approved landscaping scheme which within a period of 5years 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 Saved Policy 99 and 100 of the Dacorum Borough Local Plan 1991-2011.

 

5

The development shall not be occupied until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of a fire hydrant(s) to serve the development and the approved scheme has been implemented. The hydrants shall be installed in accordance with the approved details and thereafter maintained as such.

 

Reason: In the interests of the occupants of the development.

 

6

The development shall not be occupied until the car parking areas shown on drawing no. PRJ/19/006/001 have been laid out, constructed and surfaced. The car parking and turning areas so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose at any time.

 

Reason: To ensure that adequate parking is provided at all times so that the development does not prejudice the free flow of traffic or the conditions of general safety along the adjacent lane, or the amenities and convenience of existing local residents and businesses in accordance with Policy 58 of the Adopted DBLP 1991-2011.

 

7

The windows at first floor level in the north-east and south-west elevations of the development hereby permitted shall be permanently fixed shut and fitted with obscured glazing to a minimum of Level 3 on the Pilkington scale of privacy or equivalent.

 

Reason:  In the interests of the amenity of adjoining residents in compliance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

8

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 and E

                        Part 2 Class A

                        Part 14 Class A

 

Reason:  To enable the local planning authority to retain control over the development in the interests of the openness of the Green Belt and the character and appearance of the rural area and because rooflights, dormer windows and solar panels could undermine the settled 'barn-like' appearance of the development.

 

9

Prior to occupation the Ecological enhancements set out in section 4.3 table 6 of the submitted Emergence and Activity Bat Survey (EBS) should be implemented in full and thereafter maintained as such.

 

Reason: to ensure appropriate provision is made for the protection of bats in accordance with Policies of the Development Plan and EU Directives.

 

10

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

 

PRJ/19/006/100 - Dwellings A & B proposed plans

PRJ/19/006/101 - dwellings A & B proposed dwelling Elevations and perspectives

PRJ/19/006/001 - Site Location Plan and proposed site plan

Cherryfield Ecology Ecological Reports (dated 19/04/18 & 21/05/19)

 

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

 

Article 35:

 

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the pre-application process and during the determination stage which led to improvements to the scheme. The Council has therefore acted pro-actively in line with the requirements of the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015. 

 

RIGHT OF WAY INFORMATIVE:

 

Great Gaddesden Public Footpath No; 57 abuts the application site. The legal extent of the footpath varies from a width of 2.4m at the southern end to 9m at the northern end. An area of 240sqm. The full extent of the footpath needs to be free from obstruction at all times. The applicant is reminded that no part of the development should encroach onto this footpath.

 

The Byway Open to All Traffic BOAT Great Gaddesden 058 as shown on the Definitive Map of Public Rights of Way should remain unobstructed by vehicles, machinery, materials, tools and any other aspects of the construction during works. The safety of the public using the route and any other routes to be used by construction traffic should be a paramount concern during works, safe passage past the site should be maintained at all times. The condition of the route should not deteriorate as a result of these works. Any adverse effects to the surface from traffic, machinery or materials (especially overspills of cement & concrete) should be made good by the applicant to the satisfaction of this Authority. All materials should be removed at the end of the construction and not left on the Highway or Highway verges. If the above conditions cannot reasonably be achieved then a Temporary Traffic Regulation Order would be required to close the affected route and divert users for any periods necessary to allow works to proceed. A fee would be payable to Hertfordshire County Council for such an order. Further information on the rights of way network is available via the website. Please contact Rights of Way, Hertfordshire County Council on 0300 123 4047 for further information in relation to the works that are required along the route including any permissions that may be needed to carry out the works. https://www.hertfordshire.gov.uk/services/recycling-waste-and-environment/countryside-access/rights-of-way/rights-of-way.aspx#DynamicJumpMenuManager_1_Anchor_8

 

 

HIGHWAY INFORMATIVES

1. 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.

2. The Byway Open to All Traffic BOAT Great Gaddesden 058 as shown on the Definitive Map of Public Rights of Way should remain unobstructed by vehicles, machinery, materials, tools and any other aspects of the construction during works. The safety of the public using the route and any other routes to be used by construction traffic should be a paramount concern during works, safe passage past the site should be maintained at all times. The condition of the route should not deteriorate as a result of these works. Any adverse effects to the surface from traffic, machinery or materials (especially overspills of cement & concrete) should be made good by the applicant to the satisfaction of this Authority. All materials should be removed at the end of the construction and not left on the Highway or Highway verges.

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.

 

ECOLOGY INFORMATIVE

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.'

 

 

 

Supporting documents: