Agenda item

Item 5.01 4/02932/14/FUL - REMAGEN, BOX LANE, HEMEL HEMPSTEAD, HP3 0DJ

Minutes:

 

Councillor Riddick declared a personal interest in this item as he is a resident of Box Lane. Councillor Riddick reserved his right to speak and vote thereon.

 

The item was introduced by J Reid on behalf of the relevant case officer. This application has been called before the committee by the Director of Planning and Regeneration due to public interest of development on Green Belt land.

 

Jonathon Plant and Judith Livesey spoke in support of this application on behalf of the applicant and highlighted that there would be no increase in the building footprint from the current dwelling to the new development.

 

It was proposed by Councillor Maddern and seconded by Councillor Matthews to grant the application in line with the officer’s recommendation.

 

Voting:

 

For: 10, Against: 2, Abstained: 2

 

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

No development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall 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 ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Dacorum Core Strategy.

 

3

Prior to the commencement of the development hereby permitted a Phase I Report to assess the actual or potential contamination at the site shall be 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:

 

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.

 

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.

           

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 the issue of contamination is adequately addressed and to ensure a satisfactory development.  

 

4

All remediation or protection measures identified in the Remediation Statement referred to in Condition 3 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 the issue of contamination is adequately addressed and to ensure a satisfactory development.  

 

Informative:

 

Paragraph 121 of the NPPF states that all site investigation information must be prepared by a competent person. This is defined in the framework as 'A person with a recognised relevant qualification, sufficient experience in dealing with the type(s) of pollution or land instability, and membership of a relevant professional organisation.'

 

Contaminated Land Planning Guidance can be obtained from Regulatory Services or via the Council's website www.dacorum.gov.uk 

 

 

5

Prior to the commencement of development, including any associated tree works, further details of bat activity and mitigation must be submitted to and approved in writing by the local planning authority.    This information must include: further activity surveys to fully inform the development of the nature of the existing roosts; appropriate compensation plans to demonstrate how the bats can properly be accommodate; a suitable timing / logistics strategy to properly accommodate the continued maternity use of the main roost; and an acceptable lighting plan will also to demonstrate appropriate unlit conditions where bat access points are proposed.  

 

Reason: To ensure the development will not have a detrimental impact on species protected under UK and European Legislation.

 

INFORMATIVE:

 

It is possible that bats may be using areas of the existing building.

 

UK and European Legislation makes it illegal to:

 

Deliberately kill, injure or capture bats;

Recklessly disturb bats;

Damage, destroy or obstruct access to bat roosts (whether or not bats are present).

 

If bats or evidence of them are found to be present a licence will be required before any relevant works can be undertaken and this will involve preparation of a Method Statement to demonstrate how bats can be accommodated within the development. 

 

If bats are discovered during the course of any works, work must stop immediately and Natural England (0300 060 3900), Bat Conservation Trust Helpline (0845 1300 228) or the Hertfordshire & Middlesex Bat Group Helpline (01992 581442) should be consulted for advice on how to proceed.

 

Contacts:

 

English Nature                      01206 796666

UK Bat Helpline                    0845 1300 228 (www.bats.org.uk)

Herts & Middlesex Bat Group01992 581442

 

6          Condition 6 amended to:

 

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, C, D, E, F & G.

 

Part 2 Classes A & B.

 

Reason:  In order to control unrestricted extensions and works in the Green Belt in the interest of maintaining the openness in accordance with the NPPF and policy CS5 of the adopted Core Strategy. Permission was granted on balance due to the principle of previously developed land and very special circumstances, as such further enlargement or works through permitted development rights could harm the openness of the Green Belt.

 

7

No development shall take place until full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority.  These details shall include:

 

(i)    hard surfacing materials;

·        means of enclosure;

·        soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

·        trees to be retained and measures for their protection during construction works;

·        proposed finished levels or contours;

·        car parking layouts and other vehicle and pedestrian access and circulation areas;

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

·        proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc);

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

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

               

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area.

 

8

Prior to the commencement of development, a construction management plan shall be submitted to and approved in writing by the local planning authority.

 

Reason:  In the interests of highway safety and free and safe flow of traffic.

 

Highways Informative:  All areas for storage and delivery of materials associated with the construction of this development shall be provided within the site on land, which is not public highway, and the use of such areas must not interfere with the use of the public highway.

 

9

The window at first floor level in the East elevation of the dwelling (House 01) hereby permitted shall be non opening to 1.7 m above finished floor level and shall be permanently fitted with obscured glass unless otherwise agreed in writing with the local planning authority.

 

Reason:  In the interests of the amenity of adjoining residents.

 

10

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

 

Site location plan

331.(1).0.002

331.(1).0.001A

331.(1).0.205

331.(1).0.206

331.(1).0.207

331.(1).0.208

331.(1).0.209

331.(1).0.201

331.(1).0.202

331.(1).0.204

331.(1).0.203

331.(1).1.203 B

331.(1).1.101D

331.(1).1.001C

331.(1).1.202B

331.(1).1.102D

331.(1).1.103D

331.(1).1.104B

331.(1).1.105C

331.(1).1.201C

331.(1).2.201B

331.(1).2.202B

331.(1).2.203B

331.(1).2.204B

331.(1).2.101B

331.(1).2.102B

331.(1).2.103B

331.(1).2.104B

331.(1).3.101B

333.(1).3.102B

331.(1).3.103A

331.(1).3.104A

331.(1).3.201B

331.(1).3.202B

331.(1).3.203A

331.(1) 3.204A

331.(1).4.001

331.(1).4.002

331.(1).4.003

331.(1).4.004

331.(1).4.005

331.(1).4.006

331.(1).4.007

331.(1).4.202A

8443/02

Arboricultural Report

Design and Access Statement

Landscape and Visual Impact Assessment

Policy CS29 Checklist

Bat Building Assessment

Planning Statement

Engineering Statement

Jl 1a

Jl 2

Statutory Declaration of Mr J Ingles

Statutory Declaration of J Michael

Statutory Declaration of W Miko

 

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

 

Additional condition added:

 

Prior to occupation of the first occupied dwelling, all buildings, structures and hardstanding (including the swimming pool) shown for demolition on plan on page 24 of Appendix to Planning Submission August 2015 (Existing site plan to indicate building footprints and hard landscaping) shall be removed from the site (including materials) and land to be re-instated in accordance with details provided in accordance with condition 2. The development shall be maintained in accordance with approved scheme thereafter. 

 

Reason: In order to control unrestricted sprawl of development in the Green Belt in accordance with the NPPF and policy CS5 of the adopted Core Strategy.

 

 

Councillor Riddick left the meeting at 9.43pm and therefore did not vote in the rest of the items.

 

Supporting documents: