Agenda item

The Case Officer, Sally Robbins, verbally updated Members with a late representation received from a local resident. Sally introduced the report to Members and said that the application had been referred to the Committee as it was contrary to the view of Tring Town Council.

Keith Baker and Fiona McNamara spoke in objection to the application.

Tring Town Councillor Roxanne Ransley spoke in objection to the application.

Hayden Todd spoke in support of the application.

It was proposed by Councillor Durrant and seconded by Councillor Riddick to Grant the application on the condition that the number of children are reduced from 80 to 60. (amend condition 8)

Vote:

For:  8             Against:           2          Abstained: 2

Resolved: That planning permission be DELEGATED with a VIEW to APPROVAL subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990.

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.        No development shall commence until full details (in the form of scaled plans and / or written specifications) have been submitted to and approved in writing by the Local Planning Authority to illustrate the following:

            i) A safe pedestrian access route to the site, potentially using existing High Street accesses.

            ii) Swept paths to demonstrate that vehicles are able to leave the site in a forward gear and that cars are able to safely manoeuvre into the car parking spaces in the northern car parking area, closest to High Street.

            iii) All car parking spaces are a minimum of 2.4m x 4.8m, with parallel parking spaces being a minimum of 6m in length.

            Reason: To ensure suitable, safe and satisfactory planning and development of the site in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018)

 3.        No development shall commence until full details of both hard and soft landscape works have 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          extent of play area

            o          means of enclosure including acoustic fencing

            o          soft landscape works including a planting scheme for the new hedges

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

            The planting must be carried out within one planting season of completing the development.

            Any hedge 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) and Policy CS12 (e) of the Dacorum Borough Council Core Strategy (2013).

 4.        At least 3 months prior to the first use of the approved development a detailed Travel Plan Statement for the site, based upon the Hertfordshire Council document 'Hertfordshire's Travel Plan Guidance', shall be submitted and approved in writing by the Local Planning Authority. The approved Travel Plan Statement shall be implemented at all times.

            Reason: To ensure that sustainable travel options associated with the development are promoted and maximised to be in accordance with Policies 3, 5, 7, 8, 9 and 10 of Hertfordshire's Local Transport Plan (adopted 2018).

 5.        Prior to the first use of the development hereby approved, a Noise Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Noise Management Plan shall include provision for periodic monitoring and mitigation together with a log of complaints and corrective actions to be undertaken.

            The approved Noise Management Plan shall be implemented at first occupation and for the lifetime of the use hereby approved.

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

 6.        Prior to the first use hereby permitted the vehicular access on Langdon Road will be the only vehicular access to the site, with no other accesses being used for vehicular use.

            Reason: To ensure construction of a satisfactory access and in the interests of highway safety, traffic movement and amenity in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018).

 7.        The hours of site operation shall be restricted to Monday-Friday, 07:00 - 19:00 hours and no site activity on Saturday, Sundays or Bank Holidays. There shall be no use of the external play area outside of 09:00 - 17:00 hours.

            Reason: To protect the residential amenities of the locality, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

 8.        The number of children using the nursery hereby approved shall be limited to 80 in total each operational day.

            Reason: In order to protect the amenities of adjoining occupiers and to ensure adequate parking provision, having regard to saved Appendix 5 of the Dacorum Borough Local Plan (2004), Policies CS8 and CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

 9.        The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

            3028/A4/20 (Location Plan)

            3028/1/4G (Block Plan - Existing and Proposed)

            3028/2/2B (Outbuilding as Proposed)

            3028/2/1D (Plans as Proposed)

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

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.        Extent of Highway: Information on obtaining the extent of public highway around the site can be obtained from the HCC website: www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/extent-of-highways.aspx.

 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.aspx or by telephoning 0300 1234047.

 4.        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: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.