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

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

407-210     Rev. P4

407-211     Rev. P3

407-212     Rev. P4

407-213     Rev. P4

Tree Protection Plan

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

3

No development except demolition and site clearance 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. 

Reason:  To ensure a satisfactory appearance to the development, in accordance with Policies CS11 and CS12 of the Dacorum Core Strategy (2013).

4

No development (other than that necessary for the discharge of this condition) approved by this permission shall be commenced until a Site Investigation (Phase II environmental risk assessment) report has been submitted to and approved by the Local Planning Authority which includes:

A full identification of the location and concentration of all pollutants on this site and the presence of relevant receptors, and;

The results from the application of an appropriate risk assessment methodology.

No development approved by this permission (other than that necessary for the discharge of this condition) shall be commenced until a Remediation Method Statement report; if required as a result of (a), above; has been submitted to and approved by the Local Planning Authority.

This site shall not be occupied, or brought into use, until:

All works which form part of the Remediation Method Statement report pursuant to the discharge of condition (b) above have been fully completed and if required a formal agreement is submitted that commits to ongoing monitoring and/or maintenance of the remediation scheme.

A Remediation Verification Report confirming that the site is suitable for use has been submitted to, and agreed by, the Local Planning Authority.

Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

5

Any contamination, other than that reported by virtue of Condition 1 encountered during the development of this site shall be brought to the attention of the Local Planning Authority as soon as practically possible; a scheme to render this contamination harmless shall be submitted to and agreed by, the Local Planning Authority and subsequently fully implemented prior to the occupation of this site. Works shall be temporarily suspended, unless otherwise agreed in writing during this process 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 Core Strategy (2013) Policy CS32.

6

No development except demolition and site clearance shall commence until full details have been submitted to and approved in writing by the Local Planning Authority to illustrate the following:

The creation of a vehicle crossover/ dropped kerb rather than the proposed 2m kerbed access on Langley Avenue.

Reason: In the interests of highway safety and in order to ensure a safe and satisfactory means of access for all users in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy (2013).

7

Prior to the first occupation of the development hereby permitted the vehicular access (indicated for improvement on drawing no. 407-210 P4 shall be upgraded in accordance with the Hertfordshire County Council residential access construction specification. Prior to use arrangements shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway. The highway verge shall be reinstated where the existing vehicular access is no longer required in accordance with a detailed scheme to be agreed with the Local Planning Authority, concurrently with the bringing into use of the new access.

Reason: In the interests of highway safety and to ensure that surface water run-off is effectively dealt with in accordance with Policies CS8, CS12 and CS31 of the Dacorum Core Strategy (2013).

8

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

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

9

No development except demolition and site clearance shall take place until full details of the impact barrier shown on drawing no. 407-210 (Rev. 4) shall have been submitted to and approved in writing by the local planning authority. The details shall include:

·         specific type of barrier to be used.

·         extent of barrier - i.e. how far it would extend along the access road.

·         method of securing the barrier in place.

The impact barrier shall be erected in accordance with the approved particulars prior to the commencement of construction of the development hereby permitted and shall be retained in perpetuity thereafter.

10

No development except demolition and site clearance shall take place until details (elevations and floor plans) of facilities for the storage of refuse shall have been submitted to and approved in writing by the local planning authority.  The approved facilities shall then be provided before the development is first brought into use and they shall thereafter be permanently retained.

Reason: To accord with Policy 129 of the Dacorum Borough Local Plan 1991-2011

11

In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of [1 year] from the date of the occupation of the building for its permitted use.

(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority.  Any topping or lopping approved shall be carried out in accordance with British Standard 3998: 1989 Recommendations for Tree Work.

(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority.

(c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of 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 of the Dacorum Local Plan and Policies CS11 and CS12 of the Dacorum Core Strategy (2013).

12

The trees shown for retention on Drawing No DS16011901.04 (Tree Protection Plan) shall be protected during the whole period of site excavation and construction in the manner illustrated on aforementioned Drawing No.

Reason:  In order to ensure that damage does not occur to the trees during building operations, in accordance with saved Policy 99 of the Dacorum Local Plan (2004).

INFORMATIVES

Contaminated Land

The potential for the site to be affected by ground gas from the former chalk quarry should be investigated as part of the Phase II site investigation required by the Contaminated Land Condition

The above conditions are considered to be in line with paragraphs 170 (e) & (f) and 178 and 179 of the NPPF 2019.

The Environmental Health Team has a web-page that aims to provide advice to potential developers, which includes a copy of a Planning Advice Note on 'Development on Potentially Contaminated Land and/or for a Sensitive Land Use' in use across Hertfordshire and Bedfordshire. This can be found on www.dacorum.gov.uk by searching for contaminated land and I would be grateful if this fact could be passed on to the developers.

Ecology

Terestial Mammals:

Any excavations left open overnight should be covered or have mammal ramps (reinforced plywood board >60cm wide set at an angle of no greater than 30 degrees to the base of the pit) to ensure that any animals that enter can safely escape. Any open pipework with an outside diameter of greater than 120mm must be covered at the end of each working day to prevent animals entering / becoming trapped. To avoid killing or injuring of hedgehogs it is best practice for any brash piles to be cleared by hand.'

Nesting birds:

Nesting birds are protected under Schedule 1 of the Wildlife and Countryside Act 1981.

'Any 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.'

Highways

Construction standards for works within the highway: 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.