Agenda item

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

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, E and F

Reason: To enable the local planning authority to retain control over the development in the interests of safeguarding the visual amenity and character of the locality in accordance with Policies CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 of the National Planning Policy Framework (2019).

3

(a)      No development 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:

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

(ii)          The results from the application of an appropriate risk assessment 

methodology.

(b)      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.

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

(i)           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.

(ii)          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 risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Policy CS32 of the Dacorum Borough Core Strategy (2013) and Paragraphs 178 and 180 of the National Planning Policy Framework (2019). The details are required before commencement to ensure that the construction of the development does not result in pollution to the environment.

4

Any contamination, other than that reported by virtue of Condition 3 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 risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Policy CS32 of the Dacorum Borough Core Strategy (2013) and Paragraphs 178 and 180 of the National Planning Policy Framework (2019).

5

No development shall commence until plans have been submitted to and approved in writing by the Local Planning Authority to illustrate the site access arrangements, roads, footways, cycleways, foul and surface water drainage. All construction works shall be carried out in accordance with the approved plans.

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). The details are required before commencement to ensure that the proposed access arrangements do not impact highway safety prior to the construction of the new roads/parking areas.

6

Prior to the commencement of any below ground construction works including the erection of any foundations a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The plan should consider all phases (excluding demolition) of the development.  The construction of the development shall only be carried out in accordance with the approved Construction Management Plan which shall include details of:

·         construction vehicle numbers and type;

·         access arrangements to the site;

·         traffic management requirements

·         construction and storage compounds (including areas designated for car parking, loading/unloading and turning areas);

·         siting and details of wheel washing facilities;

·         cleaning of site entrances, site tracks and the adjacent public highway;

·         timing of construction activities (to avoid school pick up/drop off times);

·         provision of sufficient on-site parking prior to commencement of construction activities;

·         post construction restoration/reinstatement of the working areas and temporary access to the public highway;

·         construction or demolition hours of operation;

·         phasing plan for the construction of the storage units; and

·         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 saved 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). The details are required prior to commencement to ensure that the construction of the development does not result in any risks to highway safety.

7

At least 3 months prior to the first occupation of the approved development a Travel Plan for the site, based upon the Hertfordshire Council document ‘Hertfordshire’s Travel Plan Guidance’, shall be submitted and approved in writing by the Local Planning Authority. The approved Travel Plan Statement shall be implemented at all times.

Reason: To ensure that sustainable travel options associated with the development are promoted and maximised to be in accordance with Policy CS8 of the Dacorum Borough Core Strategy (2013).

8

Prior to the first occupation of the development hereby permitted sufficient space shall be provided within the site to enable a standard size car and refuse vehicle to park, turn and re-enter the highway in a forward gear. This area shall be levelled, surfaced and drained in accordance with a detailed scheme submitted to and approved in writing by the Local Planning Authority 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).

9

Prior to the occupation of the development hereby permitted, the 8 Passive and 8 Active Electric Car Charging Points (16 total), as indicated on the submitted site plan (Drawing Number 1005, Revision P04), shall be installed and made ready for operational use. The charging points shall thereafter be retained at those parking spaces.

Reason: To ensure that sustainable travel options associated with the development are promoted and maximised to be in accordance with Policy CS8 of the Dacorum Borough Core Strategy (2013).

10

Construction of the superstructures hereby approved shall not take place until full details of both hard and soft landscape works 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;

·         bicycle stores, scooter storage, bin stores and personal storage units;

·         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. street 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 commencement of the development, a Landscape and Ecological Management Plan (LEMP) shall be prepared and submitted to the Local Planning Authority. The LEMP shall describe how it is planned to incorporate biodiversity as part of the development and achieve overall net gains for biodiversity. The approved plan shall be implemented 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). These details are required prior to commencement to ensure that an overall on-site net gain for biodiversity can be achieved before construction works begin. The LEMP should include details of when the biodiversity enhancements will be introduced and this may be reliant on the construction process/timings.

12

Prior to removal of the 3 trees marked as "bat trees to be inspected before felling" on Page 13 of the submitted Bat Report (August 2019), a pre-felling climbed inspection shall be undertaken by an appropriately qualified and experienced Ecologist to determine if bats are roosting, and should this be the case, appropriate mitigation to safeguard bats and their roosts shall be submitted to and approved in writing by the Local Planning Authority. The tree works shall then proceed in accordance with the approved scheme of mitigation.

Reason: To ensure that no protected species are impacted by the proposal in accordance with Policy CS26 of the Dacorum Borough Core Strategy (2013) and Paragraph 170 of the National Planning Policy Framework (2019).

13

Prior to occupation of the development hereby approved, the bird boxes and terraces, the bat tubes and the hedgehog house as shown on Drawing 1005-P04 shall be installed.

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).

14

Prior to construction of the superstructure, an overheating and alternative ventilation scheme shall be submitted for the approval of the Local Planning Authority for the protection of likely future occupiers from exposure to road transportation noise. Such a scheme shall be compiled by appropriately experienced and competent persons.  

The approved scheme of noise protection measures shall be implemented prior to first occupation and retained thereafter.

Reason: Any development proposals which could cause harm from a significant increase in pollution (into the air, soil or any water body) by virtue of the emissions of fumes, particles, effluent, radiation, smell, light, noise or noxious substances, will not be permitted in accordance with Policy CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

15

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

612825-FCG-ST-XX-DR-A-1002-REV P04-Location Plan

612825-FCG-B1-06-DR-A-2006-REV P09-Proposed Tower Sixth Floor Plan

612825-FCG-B1-00-DR-A-2000-REV P09-Proposed Tower Ground Floor Plan

612825-FCG-XX-XX-SK-A-0191-S4-P01-Eastwick Row Proposed Entrance

612825-FCG-XX-XX-SK-A-0190-S4-P01-Eastwick Row Proposed Materials

612825-FCG-ST-XX-DR-A-1005-REV P04-Proposed Site Plan Full

612825-FCG-ST-XX-DR-A-1003-REV P16-Proposed Site Plan

612825-FCG-B1-XX-DR-A-2001-REV P09-Proposed Tower First to Fifth Floor Plan

612825-FCG-B1-RF-DR-A-2007-REV P03-Tower Roof Plan

612825-FCG-B1-EL-DR-A-2201-REV P07-Proposed Elevation 1 and 2

612825-FCG-B1-EL-DR-A-2202-REV P05-Proposed Elevation 3 and 4

612825-FCG-B2-00-DR-A-2010-REV P04-Proposed Semi Detached House Ground Floor Plan

612825-FCG-B2-00-DR-A-2011-REV P04-Proposed Semi Detached House First Floor Plan

612825-FCG-B2-EL-DR-A-2210-REV P03-Proposed Semi Detached Houses Elevations

612825-FCG-B2-RF-DR-A-2012-REV P02-Proposed Semi Detached House Roof Plan

612825-FCG-ST-EL-DR-A-2215-REV P01-East Elevation in Context

612825-FCG-ST-XX-DR-A-100-REV P03-Proposed Site Plan Demolition

DS03101801.04-Tree Protection Plan

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

Birds

The trees on site may have potential to support nesting birds. To avoid an offence being committed, any significant tree/shrub works or removal 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.

Hedgehogs

The site has potential to support hedgehogs. Hedgehogs are protected under Schedule 6 of the Wildlife and Countryside Act 1981, which prohibits killing and trapping by certain methods. They are also a UK Priority species under the NERC Act (SEC.41) 2006. The species is therefore considered one of the UK’s target species to avoid further population decline.

To avoid killing or injuring of hedgehogs it is best practice for any brash piles to be cleared by hand if possible. 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. It is also possible to provide enhancements for hedgehogs by making small holes (13cm x 13cm) within any boundary fencing. This allows foraging hedgehogs to be able to pass freely throughout a site but will be too small for most pets.

Thames Water

The proposed development is located within 15 metres of Thames Waters underground assets and as such, the development could cause the assets to fail if appropriate measures are not taken.  Please read our guide ‘working near our assets’ to ensure your workings are in line with the necessary processes you need to follow if you’re considering working above or near our pipes or other structures.https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-near-or-diverting-our-pipes. Should you require further information please contact Thames Water. Email: developer.services@thameswater.co.uk Phone: 0800 009 3921 (Monday to Friday, 8am to 5pm) Write to: Thames Water Developer Services, Clearwater Court, Vastern Road, Reading, Berkshire RG1 8DB

With regard to SURFACE WATER drainage, Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water we would have no objection.  Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required.  Should you require further information please refer to our website. https://developers.thameswater.co.uk/Developing-a-large-site/Apply-and-pay-for-services/Wastewater-services

Contaminated Land

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.

Highways

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-licences/business-licences.aspx or by telephoning 0300 1234047.

Obstruction of the Highway

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:

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.

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:

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads-and-pavements.aspx or by telephoning 0300 1234047.

General works within the Highway (major/s278) - Construction Standards

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.

Environmental and Community Protection

Construction Hours of Working – (Plant & Machinery) Informative

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, 08:00 – 13:00 Saturday and no works are permitted at any time on Sundays or bank holidays.

Construction Dust Informative

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.

Noise on Construction/Demolition Sites Informative

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.