Agenda item

Councillor Oguchi arrived at 7:31pm, before this item began, so she did participate and vote on this item and all following items.

 

Councillor Stevens and Councillor Woolner declared interests in this item and, therefore, did not participate or vote on this item. They recused themselves to the public gallery.

 

The Case Officer, Briony Curtain, introduced the report to Members and said that the application had been referred to the Committee as it was contrary to the views of the Town Council.

 

Lisa Keys and David Ellwood spoke in objection to the application.

 

Berkhamsted Town Councillor Garrick Stevens spoke in objection to the application.

 

Tracey Evans spoke in support of the application.

 

It was proposed by Councillor Beauchamp and seconded by Councillor Sutton to GRANT the application in line with the officer recommendation with additional conditions including restricting access to the roof terrace solely for maintenance, details of the extraction system, and limiting operation of the building to existing use class.

 

Vote:

 

For: 5                          Against: 3                    Abstained: 1     

 

Resolved: That planning permission be GRANTED 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:

 

            1812 – P210 REV 01 – DEMOLITION PLAN

1812 – P500 REV 01 – Vehicle Access Plan

            1812 – P100 REV 01 – Proposed Site Plan

            1812 – P010 REV 01 – site location plan

            1812 – P220 REV 01 – Proposed plans

1812 – P230 REV 01 – Proposed plans

1812 – P240 REV 01 – Proposed plans

1812 – P340 REV 01 – Proposed plans

            1812 – P350 REV 01 – Proposed plans

            1812 – P360 REV 01 – Proposed plans

            1812 – P370 REV 01 – Proposed plans

            1812 – P110 REV 01 – Sections

            Archaeology Desk Based Assessment (May 19 - Oxford Archaeology)

            Workshop Noise Assessment Report No. 18-0086-2-R01

            Preliminary Ecological Appraisal and Daytime Bat Inspection Survey Nov 19

 

            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.  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).

 

 4.        No demolition / development shall commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the Local Planning Authority in writing.  The scheme shall include an assessment of significance and research questions; and:

 

            (a)  The programme and methodology of site investigation and recording.

            (b)  The programme for post investigation assessment.

            (c)  Provision to be made for analysis of the site investigation and recording.

            (d)  Provision to be made for publication and dissemination of the analysis and records of the site investigation.

            (e)  Provision to be made for archive deposition of the analysis and records of the site investigation.

            (f)  Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

 

            Reason:  To ensure that reasonable facilities are made available to record archaeological evidence in accordance with saved Policy 118 of the Dacorum Borough Local Plan (2004), Policy CS27 of the Dacorum Borough Core Strategy (2013) and Paragraph 189 of the National Planning Policy Framework (2019).

 

 5.        i)  Development shall take place in accordance with the Written Scheme of Investigation approved under Condition 4;.

 

            ii)  The development shall not be bought into first use until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 4; and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

 

            Reason:  To ensure that reasonable facilities are made available to record archaeological evidence in accordance with saved Policy 118 of the Dacorum Borough Local Plan (2004), Policy CS27 of the Dacorum Borough Core Strategy (2013) and Paragraph 189 of the National Planning Policy Framework (2019).

 

 6.        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).

 

 7.        All remediation or protection measures identified in the Remediation Statement referred to in Condition 6; 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).

 

 8.        The demolition works and development hereby approved shall be constructed/ undertaken fully in accordance with the recommendation set out in the submitted Preliminary Ecology Assessment.

 

            No above ground work shall commence on the building hereby approved until details of integrated bat and bird boxes has submitted to and agreed in writing by the Local Planning Authority.

 

            Reason: To safeguard against harm to protected species and to ensure the development contributes towards the conservation and restoration of habitats in accordance with the NPPF and Policy CS26 of the Core Strategy 2013.

 

 9.        The existing north-eastern and southern boundary walls and attached vegetation shall be retained in their entirety in perpetuity.

 

            If the walls cannot be retained for structural reasons then prior to the commencement of development (including demolition) a scheme of ecological compensation measures shall be submitted to and approved in writing by the Local Planning Authority. These  measures shall be implemented as agreed and thereafter maintained as such.

 

            Reason: To safeguard the character, appearance and historic interest of the area and to ensure the development does not have a negative impact on biodoversity/ecology in accordance with Policies CS26 and CS27 of the Core Strategy 2013.

 

10.       No development shall take place until a detailed surface water drainage scheme for the site based on the approved drainage strategy and sustainable drainage principles, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including 1 in 100 year + climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

            1.         A detailed drainage plan including the location and provided volume of all SuDS features, pipe runs and discharge points into any storage features.

            2.         Detailed engineered drawings of the proposed SuDS features including their, location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance climate change event.

            3.         Demonstrate an appropriate SuDS management and treatment train and inclusion of above ground features such as a blue roof etc. reducing the requirement for any underground storage.

            4.         Provision of Thames Water agreement for proposed run-off rates and volumes.

            5.         Final detailed management plan to include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

            Reason: To prevent the increased risk of flooding, both on and off site in accordance with Policy CS31 of the Core Strategy 2013.

 

11.       Upon completion of the drainage works, and prior to the building being bought into use, a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority.

 

            The management and maintenance plan shall include:

 

            1.         Provision of a complete set of as built drawings including the final drainage layout for the site drainage network.

            2.         Maintenance and operational activities for the lifetime of the development.

            3.         Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

            Reason: To prevent flooding by ensuring the satisfactory maintenance of the surface water network on the site and to reduce the risk of flooding to the proposed development and future occupants. In accordance with Policy CS31 of the Core Strategy 2013.

 

12.       The first floor windows and doors in the eastern of the extension hereby permitted shall be non-opening unless the parts of the window which can be opened are more than 1.7m above the floor of the room in which the window is fitted.  All parts of the windows and doors below 1.7m from the floor level shall be permanently fitted with obscured glazing.

 

            The first floor stairwell window (window further to the left) in the western elevation of the building hereby approved shall be permanently fitted with obscured glazing

 

            Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

 

13.       The development hereby approved shall be operated fully in accordance with the submitted Berkhamsted School Old Dairy Workshop Noise Assessment (Report No. 18-0086-2 R01) . The extract fan serving the workshop shall have a sound power level not exceeding 70dBA and shall not contain any tonal character.

 

            Reason: To safeguard the residential amenities of surrounding properties in accordance with Policy CS12 of the Core Strategy 2013.

 

14.       Prior to the commencement of development (including demolition) a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The plan should consider all phases of the development.  The construction of the development shall only be carried out in accordance with the approved Construction Management Plan which shall include details of:

 

            o          construction vehicle numbers, type and routing;

            o          traffic management requirements;

            o          construction and storage compounds (including areas designated for car parking);

            o          siting and details of wheel washing facilities;

            o          cleaning of site entrances, site tracks and the adjacent public highway;

            o          timing of construction activities (to avoid school pick up/drop off times);

            o          provision of sufficient on-site parking prior to commencement of construction activities;

            o          post construction restoration/reinstatement of the working areas and temporary access to the public highway;

            o          construction or demolition hours of operation; and

            o          dust and noise control measures.

 

            Reason:  In order to protect highway safety and the amenity of other users of the public highway and rights of way, in accordance with Policies 51 and 54 of the Dacorum Borough Local Plan (2004), Policy CS8 of the Dacorum Borough Core Strategy (2013) and Paragraphs 108 and 110 of the National Planning Policy Framework (2019).

 

15.       The workshops hereby permitted shall not be operational other than between the hours of:

 

             08.00 - 17.00 

 

            Reason:  To protect the residential amenities of the locality in accordance with to Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

 

16.       The flat roof areas of the building hereby approved shall not be accessed at any time other than for maintenance purposes. 

 

Reason; to safeguard the residential amenities of surrounding properties in accordance with Policy CS12 of the Core Strategy 2103.

 

17.       No development other than demolition shall commence until full details of the proposed extraction system has been submitted to and approved in writing by the Local Planning Authority.

 

Reason; to safeguard the residential amenities of surrounding properties in accordance with Policy CS12 of the Core Strategy 2013.

 

18.       The buildings hereby approved shall only be used for B1 (a) B1 (c) and B8 uses.

 

Reason; To safeguard the residential amenities of surrounding properties in accordance with Policy Core Strategy 2013.

 

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 and during the course of several applications 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.        1. 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: http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

 

            2. 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 http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

 

            3. 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.