Agenda item

The Case Officer, Simon Dunn-Lwin, introduced the report to Members and said that the application had been referred to the Committee as the recommendation was contrary to the Parish Council view.

 

It was proposed by Councillor Maddern and seconded by Councillor Uttley to GRANT the application in line with the officer recommendation.

 

Vote:

 

For: 8                          Against: 1                    Abstained: 3       

 

Resolved: That planning permission be GRANTED subject to the conditions set out below.

 

Conditions and Reasons:

 

 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:

 

            19_378_PL01 Existing Site and Location Plan

            19_378_PL02 G Proposed Site Plan

            19_378_PL03 A House Type A Proposed Floor Plans

            19_378_PL04 B Proposed House type A Proposed Elevations

            19_378_PL05 A House Type B Proposed Floor Plans

            19_378_PL06 B House Type B Proposed Elevations

            19_378_PL07 House Type C Proposed Floor Plans

            19_378_PL08 House Type C Proposed Elevations

            19_378_PL09 A Proposed Front Aerial View

            19_378_PL10 A Proposed Rear Aerial View

            19_378_PL11 A Proposed View 1

            19_378_PL12 A Proposed View 2

            19_378_PL13 A Proposed View 3

            19_378_PL14 -16 A Sun Path Study March, June and December

            19_378_PL20 C Proposed Site Plan (showing adjoining site developed)

            KMC18049-001C Fire Appliance Swept Path Analysis

            KMC18049-002C Standard Refuse Vehicle Swept Path Analysis

            KMC18049-003C Large Refuse vehicle Swept Path Analysis

            KMC18049-004C Large Car Swept Path Analysis

 

            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 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:

 

·                  all external hard surfaces within the site;

·                  other surfacing materials;

·                  means of enclosure;

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

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

·                  external lighting scheme

 

            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.        (a) No development approved by this permission shall be commenced prior to the submission to, and agreement of the Local Planning Authority of a written preliminary environmental risk assessment (Phase I) report containing a Conceptual Site Model that indicates sources, pathways and receptors. It should identify the current and past land uses of this site (and adjacent sites) with view to determining the presence of contamination likely to be harmful to human health and the built and natural environment.

 

            (b) If the Local Planning Authority is of the opinion that the report which discharges condition (a), above, indicates a reasonable likelihood of harmful contamination then no development approved by this permission shall be commenced until a Site Investigation (Phase II environmental risk assessment) report has been submitted to and approved by the Local Planning Authority which includes:

 

            (i)         A full identification of the location and concentration of all pollutants on this site and the presence of relevant receptors, and;

            (ii)        The results from the application of an appropriate risk assessment    methodology.

 

            (c)        No development approved by this permission (other than that necessary for the discharge of this condition) shall be commenced until a Remediation Method Statement report; if required as a result of (b), above; has been submitted to and approved by the Local Planning Authority.

 

            (d)       This site shall not be occupied, or brought into use, until:

 

            (i)         All works which form part of the Remediation Method Statement report pursuant to the discharge of condition (c) above have been fully completed and if required a formal agreement is submitted that commits to ongoing monitoring and/or maintenance of the remediation scheme.

            (ii)        A Remediation Verification Report confirming that the site is suitable for use has been submitted to, and agreed by, the Local Planning Authority.

 

            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.        Any contamination, other than that reported by virtue of Condition 5 encountered during the development of this site shall be brought to the attention of the Local Planning Authority as soon as practically possible; a scheme to render this contamination harmless shall be submitted to and agreed by, the Local Planning Authority and subsequently fully implemented prior to the occupation of this site. Works shall be temporarily suspended, unless otherwise agreed in writing during this process because the safe development and secure occupancy of the site lies with the developer.

 

            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.        No part of the development (excluding demolition/ground investigations) shall take place until the means of access have been constructed in accordance with the approved drawing 19_378_PL.02 C and constructed in accordance with “Roads in Hertfordshire A Guide for New developments".

 

            Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the access.

 

 8.        Before first occupation or use of the development the access roads and turning and parking areas as shown on the approved plan(s) shall be provided and maintained thereafter.

 

            Reason: To ensure the development makes adequate provision for the off-street parking and manoeuvring of vehicles likely to be associated with its use.

 

 9.        Visibility splays of not less than 2.4m x 43m shall be provided, and thereafter maintained, in both directions from the new accesses, within which there shall be no obstruction to visibility between a height of 0.6m and 2m above the carriageway.

 

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

 

10.       Before the approved development is occupied all on site vehicular areas shall be surfaced in a manner to the Local Planning Authority's approval so as to ensure satisfactory parking of vehicles outside highway limits. Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

 

            Reason: In order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises.

 

11.       Upon completion of the development and prior to occupation, any unused access points not incorporated in the development hereby permitted shall be stopped up by raising the existing dropped kerb and reinstating the footway and highway boundary to the same line, level and detail as the adjoining footway verge and highway boundary.

 

            Reason: To limit the number of access points along the site boundary for the safety and convenience of the highway user.

 

12.       Prior to commencement of the development (excluding demolition/ground investigations) a ventilation strategy shall be submitted for the approval of the LPA to suitably protect the future occupiers of new housing from exposure to road transportation noise ingress in conjunction with adequate ventilation and mitigation of overheating. The ventilation strategy should therefore address how:       

 

·                  the ventilation strategy impacts on the acoustic conditions     

·                  the strategy for mitigating overheating impacts on the acoustic condition    

 

            And where justified include a more detailed overheating assessment to inform this.

           

            The strategy shall be compiled by appropriately experienced and competent persons.  The approved ventilation strategy shall be implemented prior to first occupation and retained thereafter.

 

            Reason:  To protect the residential amenities of future occupants, having regard to Policy CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

 

13.       The first floor side window(s) on the north elevation of Plot 1 (House Type A) and the south elevation of Plot 4 (House Type B) hereby permitted shall be non-opening to a height of 1.7m above finished floor level and permanently fitted with obscured glass to minimum level 4 obscurity for the lifetime of the development.

 

            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).

 

14.       Prior to the occupation of the development, biodiversity enhancements in accordance with the recommendations set out in Section 7 of the submitted Ecological Assessment by Green Environmental Consultants dated April 2020 shall be implemented and thereafter so retained to the satisfaction of the Local Planning Authority.

 

            Reason:  To ensure suitable ecological enhancements are provided within the development having regard to Policy CS26 of the Dacorum Borough Core Strategy and Section 15 of the National Planning Policy Framework (2019).

 

Informatives:

 

 1.        Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant 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 conditions 5 and 6 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.

 

 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, 08:00 - 13:00 Saturday and no works are 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.

 

 4.        Highway Authority Informatives

 

            1. 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. This may mean that the developer will have to enter into a legal Section 278 agreement. The applicant will need to apply to Highways (Telephone 0300 1234047) to arrange this, or use link:- https://www.hertfordshire.gov.uk/droppedkerbs/

 

            2. 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.

 

            3. 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

 

4. 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-and-developer-information.aspx.