Agenda item

Councillor Wyatt-Lowe declared that she had been approached by the applicant but did not discuss the case. She reserved her right to speak and vote on this item.

Councillor Riddick declared an interest. The applicant had approached him personally and he would not be able to view this application with an open mind. He removed himself from the committee and did not speak or vote on this item.

The Case Officer, Robert Freeman, introduced the report to Members and said that the application had been referred to the Committee given the concerns of the Parish Council.

Parish Councillor Bryant spoke in objection to the application.

Dr Woodward and Mr Huskingson spoke in objection to the application.

Heidi Leaney and Declan O’Farrell CBE spoke in support of the application.

RECOMMENDATION

That planning permission be GRANTED

 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor R Sutton to grant the application with additional condition withdrawing Schedule 2 Part 1 Class A and B permitted development rights.

 

Vote:

 

For:      10                    Against:           0          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 has 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          soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs;

            o          minor artefacts and structures (e.g. furniture, play equipment, signs, refuse or other storage units, etc.); and

            o          retained historic landscape features and proposals for restoration, where relevant.

           

            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.        The development hereby permitted shall not be occupied until the arrangements for vehicle parking, circulation, loading and unloading shown on drawing No. 2708.54A shall have been provided, and they shall not be used thereafter otherwise than for the purposes approved.

           

            Reason: To ensure the adequate and satisfactory provision of off-street vehicle parking facilities in accordance with Policies CS8 and CS12 of the Core Strategy and Saved Appendix 5 of the Local Plan 1991-2011.

 

 5.        No development, shall take place until a Phase I Report to assess the actual or potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority.  If actual or potential contamination and/or ground gas risks are identified, further investigation shall be carried out and a Phase II report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  If the Phase II report establishes that remediation or protection measures are necessary, a Remediation Statement shall be submitted to and approved in writing by the Local Planning Authority.

           

            For the purposes of this condition:

           

            (i)  A Phase I Report consists of a desk study, site walkover, conceptual model and a preliminary risk assessment.  The desk study comprises a search of available information and historical maps which can be used to identify the likelihood of contamination.  A simple walkover survey of the site is conducted to identify pollution linkages not obvious from desk studies.  Using the information gathered, a 'conceptual model' of the site is constructed and a preliminary risk assessment is carried out.

           

            (ii)  A Phase II Report consists of an intrusive site investigation and risk assessment. The report should make recommendations for further investigation and assessment where required.

           

            (iii)  A Remediation Statement details actions to be carried out and timescales so that contamination no longer presents a risk to site users, property, the environment or ecological systems.

           

            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).

 

 6.        All remediation or protection measures identified in the Remediation Statement referred to in Condition 5 above shall be fully implemented within the timescales and by the deadlines as set out in the Remediation Statement and a Site Completion Report shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any part of the development hereby permitted.

           

            For the purposes of this condition: a Site Completion Report shall record all the investigation and remedial or protection actions carried out. It shall detail all conclusions and actions taken at each stage of the works including validation work.  It shall contain quality assurance and validation results providing evidence that the site has been remediated to a standard suitable for the approved use.

           

            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).

 

 7.        Prior to the commencement of the development hereby permitted details of a surface and foul water drainage system shall be submitted to and approved in writing by the local planning authority. The surface water drainage system shall be a sustainable drainage system and shall provide for the appropriate interception of surface water runoff so that it does not discharge into the highway or foul water system. The development shall be carried out and thereafter retained fully in accordance with the approved details.

           

            Reason: To ensure that the site is subject to an acceptable drainage system serving the development in accordance with Policies CS31 and CS32 of the Core Strategy.

 

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

           

            2708.50 - Location Plan

            2708.53 - Proposed Site Plan

            2708.54A - Parking Plan

            2705.55 - Boundary Plan

            2708.56 - Floor Plans to Plot 1

            2708.57 - Elevations to Plot 1

            2708.58 - Floor Plans to Plots 2 and 3

            2708.59 - Elevations to Plots 2 and 3

            2708.60 - Street scene

           

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

 

9.         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 and B

 

Reason: The Council is concerned that large extensions to the properties

could result in harm to the amenities of neighbouring properties and lead to

conditions prejudicial to matters of highways safety. As such the Council

wishes to retain control over the development in the interests of safeguarding

the residential and visual amenity of the locality and in the interests of

highways safety in accordance with Policies CS8 and CS12 of the Dacorum

Borough Core Strategy (2013) and Paragraph 127 of the National Planning

Policy Framework (2019).