Agenda item

 

 

The Case Officer, Elspeth Palmer, introduced the report to Members and said that the application had been referred to the Committee due to the contrary view of the Parish Council.

Gerard Sheldon and Angela Hodder spoke in objection to the application.

Councillor Alan Anderson spoke in objection to the application.

Hayden Todd spoke in support of the application.

 

Councillor Madden arrived at 20:24 but could not take part in voting as she wasn’t part of the presentation or discussion.

 

Councillor Uttley did not take part in the voting as she lost connection and could not hear the speaker.

 

It was proposed by Councillor McDowell and seconded by Councillor Durrant to Grant the application.

 

 

Vote:

 

For:      5          Against:            5         Abstained: 1

 

 

Chairman, Cllr Guest had the casting vote.

 

Councillor Guest voted in support of the application

 

Resolved: That planning permission be Granted.

 

 

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 constructed in accordance with the materials specified on the application form.

            Reason:  To make sure that the appearance of the building is suitable and that it contributes to the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

3.         A scheme of sound insulation shall be submitted to and approved by the Local Planning Authority to upgrade the separating element between ground and first floor areas of the proposed nursery to the adjacent residential receiver. This shall include structurally independent wall linings at ground and first floor levels and control any weak insulating flanking elements.The approved scheme shall be implanted prior to the operation coming into use and retained thereafter.

 

            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).

 

 4.        A Noise Management Plan shall be submitted to an approved by the LPA and implemented before the development hereby approved comes into operation and continue to be implemented throughout the life 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).

 

1.    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 Travel Plan Statement should include a Parking Management Strategy to ensure that on-street parking in the vicinity of the site is avoided. 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) and to comply with Core Strategy Policy 12.

 

 6.        Prior to the first use of the development hereby permitted the vehicular access and associated highway works shall be provided and thereafter retained at the position shown on the approved plan drawing number PL01 Rev C. Arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway. The highway footway and a full height kerb shall be reinstated where the vehicle access is no longer required, in accordance with a detailed scheme to be agreed with the Local Planning Authority in consultation with the Highway Authority, concurrently with the bringing into use of the relocated access.

           

            Reason: To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018) and to comply with Core Strategy Policy 12.

 

 7.        Prior to commencement of the approved use a gated access to the building will be provided along with a low (.9m) picket fence separating the car park from the playground access.

           

            Reason:  For the avoidance of doubt and in the interests of proper planning and to comply with Core Strategy 12.

 

 8.        The hours of site operation shall be restricted to Monday-Friday (07:00 - 19:00) hours. No site activity on Saturday, Sundays or Bank Holidays. No external amenity use outside of 09:00 - 17:00 hours.

           

            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).

 

 9.        The number of children using the nursery hereby approved shall be limited to a maximum of 40 in total in any one 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).

 

10.       The number of staff working at the nursery hereby approved at any one time shall be limited to a maximum of 10 in total.

           

            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).

 

11.       Any external play area shall not be a soft landscaped area of a type that could result in the users of the site coming into contact with the underlying ground, unless and until a land contamination risk assessment has been undertaken and submitted in writing to, and agreed by, the LPA.

           

            Reason: to ensure that no development takes place that would introduce a risk to health of the site users that is associated with the potential presence of ground contamination. To ensure a satisfactory development in accordance with Core Strategy (2013) Policy CS32.

 

12.       Protective fencing will be erected around the protected Yew tree during the renovation works. As there is already a car park in this location new gravel only will be added to the top of the existing parking space, which will not result in any additional harm.

           

            The new fence will have a 3m wide section over the middle of the tree with no posts being placed in the root zone. Posts will be carefully installed and if any roots are found the hole will be moved.

           

            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).

 

13.       Prior to the use commencing Cycle storage as shown on approved plan 1907-066 SKO2 Rev B must be provided and retained in perpetuity.

           

            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).

 

14.       No use hereby permitted shall be occupied or the use commenced until the general waste and nappy bin, as shown on the approved plans have been completed in accordance with the approved plans.  Thereafter, all refuse and recyclable materials associated with the development shall either be stored within this dedicated store/area, as shown on the approved plans, or internally within the building that form part of the application site.  No refuse shall be stored or placed for collection on the public highway or pavement, except on the day of collection.

           

            Reason:  To safeguard the residential and visual amenities of the locality, protect the environment and prevent obstruction to pedestrian movement in accordance with saved Policy 129 of the Dacorum Borough Local Plan (2004) and Policy CS29 of the Dacorum Borough Core Strategy (2013).

 

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

           

            Proposed Access, Egress and Parking Arrangement, Plan drawing number PL01 Rev C

            Swept Path Analysis of drop off only bays 1907-066  DRG No. SK04

            Heritage Statement prepared by Barker-Mills Conservation, 13.3.20

            Proposed elevations and site plan wren naj 44c 2019, Rev C

            Technical Note - Response to Highways 1907-066/TN/03 prepared by TPA, June 2020

            Potential Internal Site Layout, For Information, SK02, Rev B - showing general waste and nappy bin location, safe access to the play area from the building and fencing adjacent to the TPO's Yew tree.

            Follow up Noise Report prepared by soundsolution consultants dated 1.5.20 in response to comments from ECP.

           

            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.        The above contaminated land condition is 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.        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.

 

 4.        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.

 

 5.        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.

 

 6.        Construction standards for works within the highway: The applicant is advised that in order to comply with this permission it will be necessary for the developer of the site to enter into an agreement with Hertfordshire County Council as Highway Authority to ensure the satisfactory completion of the access and associated road improvements. The construction of such works must be undertaken to the satisfaction and specification of the Highway Authority, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. 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. Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx or by telephoning 0300 1234047.

 

 7.        The Planning Authority should be notified if any further historic fabric is exposed during the approved works.