Agenda item

Councillor Maddern declared an interest in this item as she was speaking in objection. She removed herself from the committee and did not speak or vote on the item.

 

Councillors Hobson and Uttley declared that they were the ward members for this application and had received correspondence from residents but declared that they were coming to the meeting with an open mind. They reserve their right to speak and vote.

 

The Case Officer, Sally Robbins, introduced the report to Members and said that the application had been referred to the Committee as it had been called in by a Ward Councillor.

 

Sally Robbins drew Members’ attention to the amended conditions and informative note in the addendum.

 

Richard Sargent and Jan Maddern spoke in objection to the application.

 

Richard Farris spoke in support of the application.

 

RECOMMENDATION

That planning permission be GRANTED subject to the suggested conditions.

 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor McDowell to grantthe application.

 

Vote:

 

For:     8                      Against:    2                 Abstained:       1

 

Resolved: That planning permission be GRANTED subject to the following 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.        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.  Please do not send materials to the Council offices.  Materials should be kept on site and arrangements made with the Planning Officer for inspection.

           

            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).

 

 3.        No construction of the superstructure shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

           

            o          all external hard surfaces within the site

            o          other surfacing materials

            o          means of enclosure

            o          mitigation tree planting for removed trees (including siting, species, size and maturity)

            o          soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs.

           

            The planting 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).

 

 4.        Prior to the first use of the development hereby permitted the vehicular access shall be provided and thereafter retained at the position shown on the approved plan drawing number PL01 rev N. 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 Core Strategy (2013) Policy CS8.

 

 5.        The development shall not be brought into use until the new access has been constructed to the current specification of the Highway Authority and to the Local Planning Authority's satisfaction.

           

            Reason: In the interest of highway safety and amenity and to ensure the development makes adequate provision for on-site parking and manoeuvring of vehicles likely to be associated with its use, in accordance with Core Strategy (2013) Policy CS8.

 

 6.        The development shall be carried out in accordance with the Arboricultural Impact Assessment Method Statement & Tree Protection Plan (to BS:5837 2012) by Trevor Heaps Arboricultural Consultancy Ltd (dated 2nd August 2019) and the following approved drawing:

           

            Drawing No: TH/A3/2072B/TPP (Tree Protection Plan)

           

            Reason:  In order to ensure that damage does not occur to trees 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.        The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

           

            Drawing Number P-01 Rev P (Location & Site Plan)

            Drawing Number P-02 Rev N (Floor Plans and Elevations)

            Drawing Number P-03 Rev M (Street Elevations)

            Drawing Number P-04 Rev M (Street Elevations and Site Sections)

           

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

 

 

 

Informatives:

 

 

 1.        Planning permission has been granted for this proposal. The Council acted pro-actively through early engagement with the applicant at the pre-application stage, which lead 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.        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.

 

 3.        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.        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-andpavements/business-and-developer-information/business-anddeveloper-information.aspx

 

 5.        The Highway Authority requires the alterations to or the construction of the vehicle crossovers to be undertaken such that the works are carried out to their specification and by a contractor who is authorised to work in the public highway. If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.), the applicant will be required to bear the cost of such removal or alteration. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. The applicant may need to apply to Highways (Telephone 0300 1234047) to arrange this, or use link:-https://www.hertfordshire.gov.uk/droppedkerbs/

 

 6.        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.

 

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

           

            Any vegetation clearance 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.

           

            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.

 

 8.        To avoid killing or injuring of hedgehogs it is best practice for any brash piles to be cleared by hand. Any trenches on site should also be covered at night or have ramps to prevent and avoid hedgehogs being trapped during construction. It is also possible to provide enhancements for hedgehogs by making small holes within any boundary fencing. This allows foraging hedgehogs to be able to pass freely throughout a site.

 

 9.        The loss of any young or semi-mature trees should be compensated for with replacement trees on a one -for-one basis and the loss of any mature trees on a two-for-one basis. Ideally, replacement trees should be native species, or fruit/nut trees, which will provide benefit for local wildlife.