Agenda item

The report was introduced by the case officer Elspeth Palmer

 

 

It was proposed by Councillor Durrant and seconded by Councillor Uttley that the application be approved.

 

Vote:

 

For:  10              against:  1                 Abstained: 1

 

 

Resolved: That planning permission be GRANTED with conditions

 

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 (excluding demolition/ground investigations) 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).

 

3.    No development shall take place until full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority. These details shall include:

-hard surfacing materials;

 

-means of enclosure;

-soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

-trees to be retained and measures for their protection during construction works;

- Proposed finished levels or contours;

-car parking layouts and other vehicle and pedestrian access and circulation areas;

 

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 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.    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 them following classes of the Order shall be carried out without the prior written approval of the Local Planning Authority:

 

Schedule 2 Part 1 Classes A,B,C and E.

 

Reason: Given the scale, site coverage, density of development and the close proximity of the proposed dwellings to each other and existing dwellings it is considered necessary and reasonable to remove permitted development rights for extensions to the dwellings - Class A in order to safeguard residential amenity. In addition careful consideration has been given to the size of the dwellings and the amenity space provided such that Class B,C and E would also need to be removed.

 

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).

 

5.    (a) The Local Planning Authority is of the opinion that the Phase I Geo- Environmental Desk Study submitted at the planning application stage (Document Reference: BRD Environmental Ltd BRD3041-OR1-A September 2017) 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.

 

b) 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 (a), above; has been submitted to and approved by the Local Planning Authority.

 

c) This site 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.

 

6.    Any contamination, other than that reported by virtue of Condition 5 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.

 

7.    No development shall commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan.

The Construction Management Plan shall include details of the following:

a. Construction vehicle numbers, type, routing

b. Access arrangements to the site

c. Traffic management requirements

d. On site 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) and to avoid school pick up/drop off times;

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

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

j. where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding,

             pedestrian routes and remaining road width for vehicle movements.

 

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way in accordance with Policies 5, 12, 17 and 22 of Hertfordshire's Local Transport Plan (adopted 2018) and to comply with Core Strategy Policy 12.

 

8.    A) Notwithstanding the details indicated on the submitted drawings no on-site works above slab level shall commence until a detailed scheme for the off-site access and highway improvement works, including a Stage 1 Road Safety Audit, swept path analysis for a waste collection vehicle ingressing and egressing the site and any improvements to the existing vehicle crossover access, have been submitted to and approved in writing by the Local Planning Authority.

 

B) Prior to the first occupation of the development hereby permitted the offsite highway improvement works referred to in Part A of this condition shall be completed in accordance with the approved details.

 

Reason: To ensure construction of a satisfactory development and that the highway improvement works are designed to an appropriate standard in the interest of highway safety and amenity and in accordance with Policy 5, 13 and 21 of Hertfordshire's Local Transport Plan (adopted 2018).

 

9.    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 and to comply with Core Strategy Policy 12.

 

10.  Pedestrian visibility splays of .65m x .65m shall be provided, and thereafter maintained, on both sides of the new vehicle crossover, within which there shall be no obstruction to visibility between 0.6m and 2m above the carriageway.

 

Reason: In the interest of highway safety and to comply with Core Strategy Policy 12

 

11.  Prior to the first occupation of the dwellings hereby permitted the parking spaces shown on the approved plan Proposed Site Plan 390602 SL01 (R) shall be provided in full and shall thereafter be used for no purpose other than the parking of vehicles associated with this development.

 

Reason: In the interest of highway safety and to comply with Core Strategy Policy 12

 

12.  The development hereby permitted shall be carried out in accordance with the submitted and approved Sustainable Development Checklist.

 

Reason: To ensure the sustainable development of the site in accordance with the aims of Policies CS28 and CS29 of the Dacorum Borough Core Strategy (2013), the Sustainable Development Advice Note (2016) and Paragraphs 150 and 153 of the National Planning Policy Framework (2019).

 

13.  The development permitted by this planning permission shall be carried out in accordance with the Drainage Assessment, prepared by JNP Group, Ref.C85763 RE001A, dated 26.06.20, Rev A and the following mitigation measures;

 

1.    Limiting the surface water run-off rates to a maximum of 2l/s for all rainfall events up to and including the 1 in 100 year + climate change event with discharge into the Thames Water Sewer

2.    Providing 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 event.

3.    Undertake drainage strategy to include the use of permeable asphalt, attenuation tank and flow control.

4.    Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

 

Reason To reduce the risk of flooding to the proposed development and future occupants and to comply with Core Strategy Policy 31.

 

14.  No development shall take place until the final design of the drainage scheme is completed and sent to the LPA for approval. The surface water drainage system will be based on the submitted Drainage Assessment, prepared by JNP Group, Ref. C85763 RE001A, dated 26.06.20, Rev A. The scheme shall also include;

 

1. Final design of the drainage scheme including 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 climate change event.

2. Investigate the use infiltration features to dispose some surface water from the    site where possible

3. Demonstrate appropriate SuDS management and treatment and inclusion of above ground features such as permeable paving/asphalt 4. Provision of half drain down times within 24 hours 5. Final detailed management plan to include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

Reason To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site and to comply with Core Strategy Policy 31.

 

15.   Prior to occupation the site boundary adjacent to Pinecroft will be hedged (where there are gaps in the current hedge) and fenced (a 2 metre closeboarded fence) to ensure that no access is allowed from the site onto Pinecroft. The existing hedge is to be maintained and not reduced in height. These measures to ensure no access or egress to Pinecroft will be maintained in perpetuity and that there will be no loss of amenity for No. 19m Pinecroft in terms of overlooking.

 

Reason: To ensure that the site is secure and to ensure that future residents enjoy a safe and secure environment. To comply with Core Strategy 12.

 

16.  Prior to occupation all the recommendations of the Proposed Ecology Site Plan such as provision of Bat Boxes, Hedgehog Habitat Boxes, lighting etc will be installed. These will be maintained in perpetuity.

 

Reason: In the interests of the local ecology and Biodiversity Net Gain and to comply with Core Strategy Policy 12 and 26.

 

17.  No development shall take place until details of protection measures for the hedge    fronting Pinecroft shall have been submitted to and approved in writing by the local planning authority. The approved details shall be put in place prior to the commencement of development and kept in place until the development is complete.

 

Reason: To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area and to comply with CS 11 and 12.

 

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

 

Site Location Plan 390602-SP02

Proposed Site Plan 390602 SL01 (R)

Proposed Ground Floor Plans 390602 SL02(C)

Proposed First Floor Plan 390602 SL03 (D)

Proposed Elevations 390602 SL04 (F)

Street View (Pinecroft) 390602 SL06 (F)

Proposed Site Entrance 390602 SL08 (A)

Proposed Lighting Layout 390602 SL07(A)

 

DA 01(A) Amended Design and Access Statement

 

Phase 1 Geo-Environmental Desk Study BRD 3041-OR1-A - September 2017

Part 1,2 and 3

Phase 2 Geo-Environmental Site Investigation BRD 3041-OR2-A September 2017

 

Proposed Ecology Site Plan Drg. No. EC01 Rev C

Preliminary Roost Assessment (PRA) prepared by Cherryfield Ecology dated 6.9.17

Emergence and Activity Bat Survey prepared by Cherryfield Ecology dated 9.5.18

 

Drainage Assessment, prepared by JNP Group, Ref. C85763 RE001A, dated 26.06.20, Rev A

Drainage Detailing C85763-SK002

Drainage Detailing C85763-SK003

 

Sustainability Checklist

 

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 Date of Decision Notice: 6th November 2020 Application Number: 20/00098/FUL Planning (Development Management Procedure) (England) (Amendment No.2) Order 2015.

 

2.    In accordance with the councils adopted criteria, all noisy works associated with site demolition, site preparation and construction works shall be limited to the following hours: 0730hrs to 1730hrs on Monday to Friday, 08:00 - 13:00 Saturday and no works are permitted at any time on Sundays or bank holidays.

 

3.    Dust from operations on the site should be minimised by spraying with water or carrying out of other such works that may be necessary to suppress dust. Visual monitoring of dust is to be carried out continuously and Best Practical Means (BPM) should be used at all times. The Applicant is advised to consider the control of dust and emissions from construction and demolition Best Practice Guidance, produced in partnership by the Greater London Authority and London Councils.

 

4.    The attention of the Applicant is drawn to the Control of Pollution Act 1974 relating to the control of noise on construction and demolition sites.

 

5.    The above conditions are 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 and I would be grateful if this fact could be passed on to the developers.

 

6.    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: http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

 

7.    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.

 

8.    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 Date of Decision Notice: 6th November 2020 Application Number: 20/00098/FUL 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

 

9.    All works to be undertaken on the adjoining highway shall be constructed to the satisfaction and specification of the Highway Authority, by an approved contractor, and in accordance with Hertfordshire County Council's publication "Roads in Hertfordshire - Highway Design Guide (2011)". Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the website http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

 

This application was supported by the following documents:

390602-SP01 (Existing Plan)

390602-SP02 (Site Location Plan)

390602-SP03(1) (Block Plan)

390602-SL01(C) (Site plans)

390602-SL02(B) (Proposed Floor plans)

390602-SL03(B) (Proposed Floor plans)

390602-SL04(B) (Proposed Elevations)

390602-SL06(A) (Street Scene)