Agenda item

The Case Officer, Simon Dunn-Lwin, introduced the report to Members and said that the application had been referred to the Committee due to the contrary views of Flamstead Parish Council.

 

Jennifer O’Leary spoke in objection to the application.

 

Flamstead Parish Councillors Jane Timmis and Sandra Clark spoke in objection to the application.

 

Anjohn Shome spoke in support of the application.

 

It was proposed by Councillor Maddern and seconded by Councillor Uttley to DELEGATE the application WITH A VIEW TO APPROVAL in line with the officer recommendation with additional condition relating to refuse collection.

 

Vote:

 

For: 7                          Against: 2                    Abstained: 2       

 

Resolved: That planning permission be DELEGATED TO THE GROUP MANAGER DEVELOPMENT MANAGEMENT WITH A VIEW TO APPROVAL, subject to:-

 

A)   The completion of a S106 Agreement for the provision of open space on the adjacent blue land which is to be landscaped and maintained as an orchard in perpetuity; and

B)   The following planning 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:

 

            FLA - P01 rev A                                  Existing Location Plan

            C4T5/FOU/FLA4 - S03/1 rev H          Proposed Site Plan (inc. Fire Hydrant)

            FLA - S05 rev F                                  Proposed Site Context Plan

            C4T5/CIV/FLA004-P04 rev F             Proposed Plots One and Two

            C4T5/CIV/FLA004-P05 rev G            Proposed Plots Three and Four

            C4T5/CIV/FLA004-P06 rev F             Proposed Plots Five and Six

 

            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, including window and door details, 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 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/boundary treatment;

            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. 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).

 

 5.        No development (excluding ground investigations or archaeological investigations) shall take place until a scheme for the enhancement of the site for biodiversity purposes, to include timescales for implementation and future management, shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme of enhancements shall be implemented in accordance with the approved details and thereafter so retained.

 

            Reason:  To identify and ensure the survival and protection of important species and those protected by legislation that could be adversely affected by the development, having regard to Policy CS26 of the Dacorum Borough Core Strategy and Section 15 of the National Planning Policy Framework (2019).

 

 6.        No construction of the superstructure 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).

 

 7.        i)  Development shall take place in accordance with the Written Scheme of Investigation approved under Condition 6.

            ii)  The development shall not be occupied 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 6 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).

 

 8.        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).

 

 9.        All remediation or protection measures identified in the Remediation Statement referred to in Condition 8 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).

 

10.       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 and E.

 

            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 within the Green Belt and Flamstead Conservation Area in accordance with Policy CS5, CS12 and CS27of the Dacorum Borough Core Strategy (2013) and Paragraph 127 of the National Planning Policy Framework (2019).

 

11.       Details for the provision of cycle storage shall be submitted to and approved in writing by the Local Planning Authority.  The approved details shall be implemented before the first occupation of the relevant part of the development to which they relate and retained thereafter.

 

            Reason:  To provide for alternative modes of transport, having regard to Policy CS8 of the Dacorum Borough Core Strategy (2013) and Paragraph 104 (d) of the National Planning Policy Framework (2019).

 

12.       Prior to the first occupation of the development hereby permitted the proposed access, on-site car parking and turning area shall be laid out, demarcated, surfaced and drained in accordance with the approved plan and retained thereafter for that specific use.

 

            Reason:  In accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013), Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018) and Section 9 of the National Planning Policy Framework (2019).

 

13.       Prior to the commencement of any below ground construction works including the erection of any foundations a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The plan should consider all phases (excluding demolition) 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).

 

14.       The development hereby permitted shall not be occupied or the use commenced until the private refuse collection service, as set out in the submitted report by Waste Concern dated 20^th January 2019, or by any other waste collection service, has been implemented. Thereafter, all refuse and recyclable materials associated with the development shall be continuously collected by a waste service contractor in perpetuity. No refuse or recycling material shall be stored or placed for collection on the public highway or pavement on Trowley Hill Road.

 

Reason: To ensure a satisfactory means of access for refuse collection service to safeguard the residential and visual amenities of the locality, and prevent obstruction to vehicular and pedestrian movement in accordance with saved Policies 54 of the Dacorum Borough Local Plan (2004) and Policies CS12 of the Dacorum Borough Core Strategy (2013).

 

Informatives:

 

 1.        Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant at pre-application stage and 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.        The above contamination conditions are considered to be in line with paragraphs 170 (e) & (f) and 178 and 179 of the NPPF 2019.

            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 and I would be grateful if this fact could be passed on to the developers.

 

 3.        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, 08:00hrs to 1300hrs Saturday, and no noisy works 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.

 

 

The meeting adjourned at 9:09pm.

 

 

The meeting reconvened at 9:19pm.