Agenda item

The Case Officer, Joan Reid, introduced the report to Members and said that the application had been referred to the Committee due to objection from the Town Council.

 

Malcolm Allen spoke in objection to the application.

 

Berkhamsted Town Councillor Anthony Armytage spoke in objection to the application.

 

Christina Burgess spoke in support of the application.

 

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

 

Vote:

 

For: 11                        Against: 1                    Abstained: 1

 

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

 

Condition(s) and Reason(s):

 

 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:

 

            9518/11

            9518/12

            9518/13

            9518/14

            9518/15

            9518/16

            9518/17

            9518/18

            9518/19

            9518/20

            9518/21

            Arboricultural Report dated 14^th Oct 2019

 

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

 

 3.        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 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.        The development hereby approved shall not be occupied until a properly scaled swept path diagram demonstrating that the proposed access /on-site turning /waiting area is accessible to Fire and utility vehicles in order to service the new property and enter and leave the highway in forward gear or (plans for alternative fire hydrant provision) has been submitted to and approved in writing by the local planning authority in consultation with the highway authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan.

 

            Reason: In the interests of highway safety in accordance with policy CS8 and CS12.

 

 5.        Construction of the development hereby approved shall not commence until a detailed refuse collection plan in line with the regulations set out in Roads in Hertfordshire has been submitted to and approved in writing by the local planning authority in consultation with the highway authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan

 

            Reason: In the interests of maintaining highway efficiency and safety in accordance with policy CS8 and CS12

 

 6.        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:

 

 

            Any tree or shrub which forms part of the approved Arboricultural report 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 similar species, size and maturity.

 

            Reason:  To improve the appearance of the development, safeguard amenity of neighbouring properties and character of the area, 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 of the Dacorum Borough Council Core Strategy (2013).

 

7.         The tree protection plan and methodology as contained within the arboricultural report shall be fully implemented prior to any demolition or clearance of the site and tree protection shall remain in situ during the whole period of construction.

 

            Reason:  To improve the appearance of the development, safeguard amenity of neighbouring properties and character of the area, 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 of the Dacorum Borough Council Core Strategy (2013).

 

8.         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:

Classes A, B, C 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 in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 of the National Planning Policy Framework (2019).

 

9.         The windows at first floor level in both side elevations of the new dwelling hereby permitted shall be non-opening below a height of 1.7m and permanently fitted with obscured glass.

 

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).

 

10.       The two detached double garages hereby permitted shall both solely be used for the parking of vehicles and for no other purpose.

 

Reason:  To ensure an appropriate amount of off-street parking is retained for both dwellings without compromising the turning areas within the site in the interests of maintaining emergency vehicle access and highway safety and in accordance with Policy CS12 (a and b) of the Dacorum Borough Council Core Strategy (2013).

 

Informatives:

1.           Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. 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.           Highways :

 

a) 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.           

 

b)    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.

 

c)    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.

 

3.           It is possible that bats or other protected species may be using areas of the existing site. 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 or other protected species, 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.