Agenda item

The Case Officer, Colin Lecart, introduced the report to Members and said that the application had been referred to the Committee due to objection received from the Parish Council.

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

Vote:

For: 10                        Against: 0                    Abstained: 3      

Resolved: That planning permission be GRANTED subject to the following conditions:

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:

            Application form (section 7 - Materials)

            3818_L3F (Proposed Site Layout)

            3818_P2D (Proposed Plans and Elevations

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

 3.        Vehicular visibility splays of 2.4m x 43m shall be provided, and thereafter maintained, in both directions from the access, 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 in accordance with Policy CS12 of the Core Strategy (2013) and Saved Policy 54 of the Local Plan (2004).

 4.        Prior to the commencement of the use hereby permitted the proposed onsite car parking area shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use.

            Reason: To ensure the permanent availability of the parking area, in the interests of highway safety in accordance with Policy CS12 of the Core Strategy (2013) and Saved Policy 54 of the Local Plan (2004).

 5.        The development shall not be brought into use until the altered vehicle crossover has been constructed to the current specification of the Highway Authority and to the Local Planning Authority's satisfaction.

            Reason: In the interest of highway safety and amenity and to ensure the development makes adequate provision for on-site parking and manoeuvring of vehicles likely to be associated with its use in accordance with Policy CS12 of the Core Strategy (2013) and Saved Policy 54 of the Local Plan (2004).

 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:

            -           all external hard surfaces within the site;

            -           other surfacing materials;

            -           means of enclosure (heights)

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

-         position (tree and height) and details (box model) of bird/bat boxes to be placed on the site or building

            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 similar 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),  Policy CS12 (e) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 170 (b & d) of the NPPF (2019).

 7.        The boundary treatments to the western side of the development, as shown on plan 3818_L3F, shall erected/planted prior to occupation of the new dwelling and be permanently retained thereafter. Changes to the boundary treatments shall not be made without the written permission of the Local Planning Authority.

            Reason: To maintain a clear distinction between the residential use and the open land to the west in order to protect against further encroachment into the Green Belt and maintain its openness in accordance with Policy CS5 of the 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:

            A, B and E

            Reason:  To enable the Local Planning Authority to retain control over the development in the interests of safeguarding the openness of the Green Belt in accordance with Policy CS5 of the Core Strategy (2013). Also, to enable the Local Authority to retain control of the development to safeguard the outdoor amenity space of the development and safeguard against spatial pressure to the retained trees on site in accordance with Policy CS12 of the Core Strategy (2013) and Saved Policy 99 of the Local Plan (2004)

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.        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.

            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

            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.

            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. The applicant may need to apply to Highways (Telephone 0300 1234047) to arrange this, or use link:- https://www.hertfordshire.gov.uk/droppedkerbs/5.

 3.        In the event of bats or evidence of them being found, work must stop immediately and advice taken on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England.

            Any external lighting scheme should be designed to minimise light spill, in particular directing light away from the boundary vegetation to ensure dark corridors remain for use by wildlife as well as directing lighting away from potential roost - nesting sites.

            Any vegetation should be undertaken outside the nesting bird season (March to August inclusive) to protect breeding birds, their nests, eggs and young. If this is not practicable, a search of the area should be made no more than two days in advance of vegetation clearance by a competent Ecologist and if active nests are found, works should stop until the birds have left the nest.

Item 5h on the agenda was heard next as there were registered speakers on this item.