Agenda item

The report was introduced by the case officer Robert Freeman

 

Mark Curry spoke in support of the application

 

Councillor Sally Symington Spoke in Objection to the application.

 

It was proposed by councillor Durrant and seconded by Councillor Maddern that the application be delegated with a view to approval.

 

Vote:

 

For:      5          against: 2                    Abstained: 3   

 

Resolved:  Planning be DELAGATED FOR APPROVAL Subject to the following:

 

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:

               

                Plans

 

                PO-001 (Site Location Plan)

                PO-100 (Proposed Site Plan)

                PO-101 (Proposed NE Elevation)

                PO-102 (Proposed SE Elevation)

                PO-103 (Proposed SW Elevation)

                PO-104 (Proposed NW Elevation)

                PO-105 (Proposed Section)

                P1-100 (Lower Ground Floor Plan)

                P1-101 (Upper Ground Floor Plan)

                P1-102 (First Floor Plan)

                P1-103 (Second Floor Plan)

                P1-104 (Third Floor Plan)

                P1-105 (Roof Plan)

                P2-100 (Courtyard Section)

                P2-101 (Courtyard Section)

                P3-100 (Block A NE Elevation)

                P3-101 (Block A SE Elevation)

                P3-102 (Block A SW Elevation)

                P3-103 (Block A NW Elevation)

                P3-200 (Block B NE Elevation)

                P3-201 (Block B SE Elevation)

                P3-202 (Block B SW Elevation)

                P3-203 (Block B NW Elevation)

                P4-100 (Entrance Detail)

                P4-101 (Bay Detail)

                P4-102 (Bay Detail)

                P4-103 (Courtyard Detail)

                P4-200 (Typical 1 bed unit)

                P4-201 (Typical 2 bed unit)

                P4-202 (Penthouse unit)

                649.02.001 Revision F (Landscape Masterplan)

 

                Documents

 

              Air Quality Assessment (BER-WSP-SW-XX-RP-AQ-004) by WSP dated July 2020

Arboricultural Impact Assessment by Lockhart Garratt dated July 2020.

Design and Access Statement by ColladoCollins Architects dated July 2020

Ecological Appraisal (Revision E) by FPCR Environment and Design Ltd dated July 2020

Energy Statement – Revision 3 by Hoare Lea dated June 2020.

Environmental Noise Survey – Revision 6 by Hoare Lea dated 4^th September 2020

Flood Risk Assessment and Drainage Strategy (BER-WSP-SW-XX-RP-C-001) by WSP dated July 2020

Landscape and Ecology Management Plan by Bradley-Hole Schoenaich and FPCR Environment and Design Ltd dated July 2020

Outline Construction Environment Management Plan (CEMP) by Elysian Residences dated July 2020

Preliminary Geo-Environmental Risk Assessment (Desk Study) (BER-WSP-SW-XX-RP-S-001) by WSP dated July 2020

Transport Assessment (BER-WSP-SW-XX-RP-T-001) by WSP dated July 2020

Travel Plan by WSP dated July 2020.

 

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

 

Design

 

3.          No development, except that involved in the provision of foundations, contamination or other site investigations or services, shall take place until samples 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. These materials shall be made available to view on site. 

               

              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).

 

 

Access and Highway Conditions

 

4         The development hereby approved, shall not be used, until the means of access, parking and circulation areas have been provided fully in accordance with the approved plans.

 

           Reason: To ensure the provision and retention of adequate access and parking facilities for the site in accordance with Policies CS8 and CS12 of the Core Strategy.

 

5           Notwithstanding the details indicated on the submitted drawings no on-site works above slab level shall commence until a detailed scheme for the offsite highway improvement works have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority.  The details would need to include:

 

a) Works to create the bellmouth entrance, with a kerb radii of 6m on either side.

b) Works to create a stretch of 2m wide footway fronting the site on the south-west side of Shootersway in addition to a pedestrian dropped kerb with Tactile paving on either side of Shootersway to create a safe pedestrian crossing point, laid out in accordance with standards laid out in Guidance on the use of Tactile Paving Surfaces.

 

Reason: In the interests of highways safety and in accordance with Policies CS8, CS12 and CS26 of the Core Strategy.

 

6.          The development hereby permitted shall not be occupied until the offsite highway improvement works referred to in Condition 5 shall be completed in accordance with the approved details.

 

Reason: In the interests of highways safety and in accordance with Policies CS8 and CS12 of the Core Strategy.

 

7.         No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include details of:

 

a) Construction vehicle numbers, type, routing;

b) Swept path analysis for the largest anticipated vehicle to use the temporary access:

c) Traffic management requirements;

d) Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

e) Siting and details of wheel washing facilities;

f) Cleaning of site entrances, site tracks and the adjacent public highway;

g) Timing of construction activities (including delivery times and removal of waste);

h) Provision of sufficient on-site parking prior to commencement of construction activities; and

i) Post construction restoration/reinstatement of the working areas and temporary access to the public highway.

 

Reason: In the interests of highways safety in accordance with Policies CS8 and CS12 of the Core Strategy.

 

8.          The Travel Plan hereby approved shall be implemented fully in accordance with the Action Plan set out in Section 9.3 of the Travel Plan by WSP dated July 2020. All monitoring outputs shall be submitted to Hertfordshire County Council as highway authority annually for a period of five years post occupation of 75% of the development.

 

Reason: In the interests of highways safety in accordance with Policies CS8 and CS12 of the Core Strategy.

 

Landscaping Conditions

 

9         No development, except that involved in the provision of foundations, contamination or other site investigations or services, 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 landscaping works shall be based on the details contained within the approved Design and Access Statement, drawing 649.02.001 Revision F (Landscape Masterplan) and the Landscape and Ecology Management Plan by Bradley-Hole Schoenaich and FPCR Environment and Design Ltd dated July 2020

 

These details shall include:

 

-       means of enclosure including any measures to restrict access into and around the application site;

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

-       refuse storage facilities;

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

-       the siting and design of any bird boxes, bat boxes and other habitat creation.

 

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 ensure the adequate landscaping and security of the site in accordance with Policies CS12, CS26 and CS29 of the Core Strategy.

 

10.        No development shall take place until the measures for the protection of trees have been provided in accordance with the Tree Protection Plan within the Arboricultural Impact Assessment by Lockhart Garratt.  The fencing shall remain in-situ and be free from the storage of construction material, plant and machinery for the duration of the construction period.

 

Reason: To ensure the adequate protection of trees and landscaping features in accordance with Policy CS12 and Saved Policy 99 of the Local Plan 1991-2011.

 

Archaeology

 

11.        No demolition/development shall take place/commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include assessment of significance and research questions; and:

 

1. The programme and methodology of site investigation and recording

2. The programme for post investigation assessment

3. Provision to be made for analysis of the site investigation and recording

4. Provision to be made for publication and dissemination of the analysis and records of the site investigation

5. Provision to be made for archive deposition of the analysis and records of the site investigation

6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

 

Any demolition/development shall take place in accordance with the Written Scheme of Investigation approved under Condition 11

 

Reason: To ensure the adequate protection and monitoring of archaeology in accordance with Policy CS27 of the Core Strategy

 

12.        The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 11 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

 

Reason: To ensure the adequate protection and monitoring of archaeology in accordance with Policy CS27 of the Core Strategy

 

Contamination

 

13.      The Local Planning Authority is of the opinion that the Preliminary Geo-Environmental Risk Assessment (Desk Study) submitted at the planning application stage (Document Reference: WSP BER-WSP-SW-XX-RP-S-001 July 2020) indicates a reasonable likelihood of harmful contamination and so 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.

 

Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

 

14.     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 Condition 13, above; has been submitted to and approved by the Local Planning Authority.

 

Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

 

15.     This development hereby approved 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 (b) 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 the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

 

16.    Any contamination, other than that reported by virtue of Condition 13 and 14 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 the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

 

Drainage

 

17.        The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment and Drainage Strategy, dated July 2020, Project No. 70055659, Ref. BER-WSP-SW-XX-RP-C-001, prepared by WSP and the following mitigation measures:

 

1. Provide attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change (40%) event.

 

2. Implement drainage strategy based on permeable paving with sub-base, concrete attenuation tank and restricted discharge at 2.11l/s via a Hydro-Brake into the Thames Water surface water sewer (MH3051).

 

3. Provide 136.2m3 of pluvial flood storage in deeper permeable paving sub-base during the 1 in 30 year event, with discharge to be restricted as part of the overall whole site discharge into the Thames Water surface water sewer at 2.11l/s for the entire site; ensuring the predicted surface water flow route is effectively conveyed on site during overflow scenarios.

 

Reason: To reduce the risk of flooding to the proposed development and future occupants. To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site in accordance with Policies CS31 and CS32 of the Core Strategy.

 

18.        Prior to the superstructure works, the final design of the drainage scheme shall be completed and sent to the LPA for approval. The surface water drainage system will be based on the submitted Flood Risk Assessment and Drainage Strategy, dated July 2020, Project No. 70055659, Ref. BER-WSP-SW-XX-RP-C-001, prepared by WSP. The scheme shall also include:

 

1. Assessment of the feasibility of infiltration on site, in the form of BRE Digest 365 infiltration tests for shallow soakaways, or falling head tests, if deepbore soakaways are proposed; in addition to a full site investigation. The final detailed drainage strategy may need to be updated in accordance with any findings.

2. Groundwater monitoring over the autumn-winter months.

3. Survey of the existing pond to determine the source and ensure that the ponds use is fully understood and maintained within the future development.

4. Assessment of the effect of runoff into the sunken courtyard areas.

5. Modelling of the overland surface water flow path, demonstrating that the volume currently proposed is sufficient for the 1 in 30 year event and that there is no flooding of any building up to the 1 in 100 year + 40% for climate change event.

6. Detailed engineered drawings of the proposed SuDS features including their location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance for climate change event.

7. Detailed engineered drawings of all aspects of the proposed pluvial flood storage within the deeper permeable paving sub-base including all connections and conveyance routes; including within landscaped areas.

8. Detailed structural engineered drawings of the proposed concrete tank under the building.

9. Demonstrate appropriate SuDS management and treatment (including the access road) and inclusion of above ground features such as permeable paving, reducing the requirement for any underground storage. 10. Provision of half drain down times for surface water drainage within 24 hours 11. Silt traps for protection for any residual tanked elements.

 

Reason: To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site in accordance with Policies CS31 and CS32 of the Core Strategy

 

19.        Upon completion of the drainage works for the site in accordance with the timing / phasing arrangements, the following must be submitted to and approved in writing by the Local Planning Authority:

 

1. Provision of a verification report (appended with substantiating evidence demonstrating the approved construction details and specifications have been implemented in accordance with the surface water drainage scheme). The verification report shall include photographs of excavations and soil profiles/horizons, installation of any surface water structure (during construction and final make up) and the control mechanism.

2. Provision of a complete set of as built drawings for site drainage.

3. A management and maintenance plan for the SuDS features and drainage network.

4. Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site in accordance with Policies CS31 and CS32 of the Core Strategy.

 

20.        No drainage system for the infiltration of surface water to the ground are permitted other than with the written consent of the Local Planning Authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters and must be carried out in accordance with the approved details.

 

Reason: To ensure that the development is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by the mobilised contaminants in line with paragraph 170 of the NPPF and to prevent the further deterioration to groundwater quality and recovery of a drinking water protected area of the Mid Chilterns Chalk Groundwater body.

 

21.        No development shall commence until such time as a scheme for the disposal of foul drainage has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented as approved.

 

Reason: To prevent the deterioration to groundwater quality and to support recovery of the drinking water protected area of the Mid-Chilterns Chalk Groundwater body.

 

22.       Piling and other deep foundation designs using penetrative methods shall not be carried out other than with the written permission of the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

Reason: Some piling techniques can cause preferential pathways for contaminants to migrate to groundwater and cause pollution,

 

23.       A scheme for managing any borehole installed for the investigation of soils, groundwater or geotechnical purposes shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall provide details of how redundant boreholes are to be decommissioned and how any boreholes that need to be retained will be secured, protected and inspected. The scheme shall be implemented in accordance with the approved details prior to use of any part of the building.

 

Reason:To ensure that redundant boreholes are safe and secure and do not cause groundwater pollution or loss of water supplies in accordance with paragraph 170 of the NPPF.

 

Noise

 

24.       No individual unit within the scheme shall be occupied until the noise targets for internal and external space as set out in the Environmental Noise Survey – Revision 6 by Hoare Lea dated 4^th September 2020 have been achieved or an explanation for the not achieving these standards has been submitted to and approved in writing by the local planning authority.

 

            Reason: To ensure a satisfactory level of residential amenity for future occupants of the scheme in accordance with Policy CS12 of the Core Strategy and Saved Appendix 3 of the Local Plan 1991-2011. 

 

Fire Safety

 

25.       The dwellings hereby approved shall not be occupied until a scheme for the evacuation of the building in the event of fire has been submitted to and approved in writing by the local planning authority.

 

            Reason: To ensure that the layout and design of the proposed building provides adequate protection for future occupants in the event of a fire at the building in accordance with Policies CS8 and CS12 of the Core Strategy