Agenda item

The Case Officer, Elspeth Palmer, introduced the report to Members.

Alan Wrigley spoke in objection to the application.

David Carroll spoke in support of the application.

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

Vote:

For: 10                        Against: 0                    Abstained: 1     

Resolved: That planning permission be GRANTED subject to the following conditions:

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 dog walking paddock shall only be open to customers between8am – 4pm weekdays and weekends in Winter and 8am – 6pm in the Summer.

Reason:  In the interests of the amenities of the occupants of neighbouring dwellings and to comply with CS12.           

3. Within 4 months of this planning permission the vehicular access shall be provided, the construction of such works to be undertaken to the Highway Authority satisfaction and specification, and by a contractor who is authorised to work in the public highway. The vehicular access thereafter shall be retained at the position shown on the approved plan drawing number 1852-001_BOUND[2654] Arrangement 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.

Reason: To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway in accordance with Policy 5 of Hertfordshire’s Local Transport Plan (adopted 2018) and Core Strategy Policy 12.

4. Within 4 months of this planning permission visibility splay (shown on the approved plan drawing number 1852-001_BOUND[2654]) measuring 2.4 x 66 metres shall be provided to each side of the access where it meets the highway and such splays shall thereafter be maintained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

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 (adopted 2018) and Core Strategy Policy 12.

5. Within 4 months of the date of this planning permission any access gate(s), bollard, chain or other means of obstruction shall be hung to open inwards set back and thereafter retained a minimum distance of 5.5 metres from the edge of the highway.

Reason: To enable vehicles to safely draw off the highway before the gate(s) or obstruction is opened and/or closed in accordance with Policy 5 of Hertfordshire’s Local Transport Plan (adopted 2018) and Core Strategy Policy 12.

6. The maximum number of dogs to use the approved dog walking paddock at any one time is 4.

Reason:  In the interests of the amenities of the occupants of neighbouring dwellings and to comply with CS12.

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

location and site plan

visibility splays Drawing No. 1852-001_BOUND[2654]

proposed car parking area

Environmental Noise Survey Prepared by  AAD Applied Acoustic Design on 4th September, 2019

Design and access statement revision A

CIL

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 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:

Informatives HCC as Highway Authority recommends inclusion of the following Advisory Notes (AN) to ensure that any works within the highway are carried out in accordance with the provisions of the Highway Act 1980.

AN1) 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.aspxor by telephoning 0300 1234047.

AN2) 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 Mud on highway

AN3) 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.