Agenda item

The Case Officer, Colin Lecart, introduced the report to Members and said that the application had been referred to the Committee as it was a Council Scheme on Council owned land and due to objections from Kings Langley Parish Council.

 

Neighbours spoke in objection to the application.

 

Christopher Weir spoke in support of the application.

 

It was proposed by Councillor G Sutton and seconded by Councillor McDowell to DELEGATE the application WITH A VIEW TO APPROVAL in line with the officer’s recommendation.

 

Vote:

 

For: 7                          Against: 2                    Abstained: 2     

 

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL subject to the signing of a Section 106 Agreement to secure 100% affordable housing on site and subject to the following conditions:

 

Conditions

 

 1.        The development hereby permitted shall begin 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:

 

            18058WD2.06 Rev B

            18058WD2.08 Rev C

            18058WD2.10 Rev B

            18058WD2.12 Rev B

            18058WD2.14 Rev B

            18058WD2.05 Rev B

            18058WD2.07 Rev C

            18058WD2.09 Rev B

            18058WD2.11 Rev B

            18058WD2.13 Rev B

            18058wd2.01 Rev O

            18058wd2.02 Rev D

 

            INSERT NEW SITE PLAN/STREET SCENE NUMBERS

 

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

 

 3.        No development (excluding demolition/ground investigations) 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 satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

 4.        No development above slab level shall take place until details of all materials to be used for hard surfaced areas within the site including full details of the finalised materials have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.

 

            Reason:  To make sure that the appearance of the building is suitable and that it contributes to the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

 5.        The landscaping works shown on drawing LSDP 1403-01 Rev E must be carried out within one planting season of completing the development.

 

            Any tree or shrub which forms part of the approved landscaping scheme which within a period of 5 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).

 

 6.        Tree protection measures shall be carried out in accordance with the submitted Aboricultural Mehtod Statement (BHA Trees Ltd ref 3865B & 3833C V2) and Tree Protection Plan (BHA Trees Ltd - 19/02/20),

 

            Reason:  In order to ensure that damage does not occur to trees and hedges during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 170 of the National Planning Policy Framework (2019).

 

 7.        No development (except demolition and site clearance) shall take place until details of the proposed slab, finished floor and ridge levels of the building(s) in relation to the existing and proposed levels of the site and the surrounding land shall have been submitted to and approved in writing by the local planning authority.  The building(s) shall be constructed in accordance with the approved levels.

           

            Reason:  For the avoidance of doubt, to ensure a satisfactory form of development and in the interests of the residential amenity of the surrounding dwellings, in accordance with saved Appendix 3 of the Dacorum Local Plan (2004), Policies CS11, CS12 and of the Dacorum Core Strategy (2013).

 

 8.        Details of the proposed electric vehicle charging infrastructure and associated maintenance arrangement for the development shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented prior to first occupation in accordance with the agreed details.

 

            Reason:  To enable future occupiers to charge low emission vehicles in a safe and accessible way in accordance with Policy CS8 of the Dacorum Borough Core Strategy (2013) and Paragraph 110 (e) of the National Planning Policy Framework (2019).

 

 9.        Prior to the first occupation of the development hereby permitted the vehicular access shall be provided and thereafter retained at the position shown on the approved plan drawing number 18058wd2.01 Rev L. 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 Policies CS8, CS12 and CS31 of the Core Strategy (2013)

 

10.       Prior to the first occupation of the development hereby permitted the proposed access and onsite car and cycle parking areas shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use.

 

            Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policies CS8 and CS12 of the Core Strategy (2013).

 

11.       Road Safety: No development shall commence until full details have been submitted to and approved in writing by the Local Planning Authority to illustrate the following: i) Any alterations required to the existing raised table and/or possible relocation would be subject to the submission and approval of a Stage 1 Road Safety Audit.

 

            Reason: To ensure suitable, safe and satisfactory planning and development of the site in accordance with Policies CS8 and CS12 of the Core Strategy (2013).

 

12.       (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).

 

13.       Any contamination, other than that reported by virtue of Condition 12 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).

 

14.       Lighting for the development shall be inserted in accordance with the submitted lighting plan (Thoriux Lighting - 16/01/20).

 

            Reason:  To ensure that the lighting is designed to minimise problems of glare, protect residential amenity, to minimise impacts on biodiversity and avoid unnecessary light pollution in accordance with Policies CS12 and CS26 of the Dacorum Borough Core Strategy (2013) and Paragraph 172 of the National Planning Policy Framework (2019).

 

15.       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, Class 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 in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 of the National Planning Policy Framework (2019).

 

Informatives:

 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 (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

 

 2.        You should be aware that the proposed development site is located within an Environment Agency defined groundwater Source Protection Zone (GPZ) corresponding to Hunton Bridge Pumping Station. This is a public water supply, comprising a number of Chalk abstraction boreholes, operated by Affinity Water Ltd.

 

            The construction works and operation of the proposed development site should be done in accordance with the relevant British Standards and Best Management Practices, thereby significantly reducing the groundwater pollution risk. It should be noted that the construction works may exacerbate any existing pollution. If any pollution is found at the site then the appropriate monitoring and remediation methods will need to be undertaken.

 

            For further information we refer you to CIRIA Publication C532 "Control of water pollution from construction - guidance for consultants and contractors"

 

 3.        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

 

            There are public sewers crossing or close to your development. If you're planning significant work near our sewers, it's important that you minimize the risk of damage. We'll need to check that your development doesn't limit repair or maintenance activities, or inhibit the services we provide in any other way. The applicant is advised to read our guide working near or diverting our pipes. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-near-or-diverting-our-pipes.

 

            We would expect the developer to demonstrate what measures will be undertaken to minimise groundwater discharges into the public sewer.  Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation.  Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. Should the Local Planning Authority be minded to approve the planning application, Thames Water would like the following informative attached to the planning permission: "A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer.  Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991.  We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer.  Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 020 3577 9483 or by emailing wwqriskmanagement@thameswater.co.uk.  Application forms should be completed on line via www.thameswater.co.uk.  Please refer to the Wholsesale; Business customers; Groundwater discharges section.

 

 4.        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.

 

5.        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.