Agenda item

Consultee

Comments

Conservation & Design (DBC)

Environmental And Community Protection (DBC)

No comment.

Conservation & Design (DBC)

The application site lies within the Flamstead Conservation Area.  Conservation areas are areas that have been designated as being of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. The Planning (Listed Building and Conservation Areas) Act 1990 creates special controls for areas designated as conservation areas.     

Consent has recently been granted for the redevelopment of part of a builders yard to the rear of 12 Trowley Hill Road but between this builders yard and the rear boundaries of 12 Trowley Hill Road and adjacent properties is a narrow plot with single storey linear outbuildings along the west, north and east boundaries with a gravelled yard between, used as a builders yard / offices. The site is accessed from Trowley Hill via a narrow track which runs past the side of no. 12 and is not immediately visible within the street scene.        

There are several listed buildings to the east of the site (fronting Trowley Hill Road) and others, including the grade I St Leonards Church which forms a focal point within the village and is at the core of the Conservation Area.    

The application proposes demolition of the existing outbuildings and the construction of 2 3-bed dwellings.     

The application has been accompanied by a Heritage Statement in accordance with NPPF, para. 189. This Heritage Statement confirms that the existing buildings date to the 1940's onwards and are of no architectural or historic merit. In its present form the site does not make a positive contribution towards the character and appearance of the Flamstead Conservation Area.          

As initially advised at the pre-application stage, it would have been preferred if this site had been incorporated into the adjoining site (which has approval for residential development) however the existing proposed plans are a distinct improvement on those submitted at the pre-app stage.            

The new semi-detached pair of dwellings are 1 ½ storeys with modest scale gabled dormers to the front roof slopes and a shared rear wing, they have similar detailing to the approved development next door. The shared rear wing is slightly wider than would be ideal and with a lower roof pitch giving it a slightly squat appearance which is not ideal but due to its discrete position this is not a great issue. The choice of materials (brick laid in Flemish bond, lead dormers, timber windows) seem appropriate to the Conservation Area.          

There are several listed buildings immediately to the east of the site (fronting Trowley Hill Road) including Southernwood, Bell House and C Merit Butchers. Further to the east lies the grade I St Leonards Church which forms a focal point within the village. The development will be closer to the rear of the listed buildings fronting Trowley Hill Road (Southernwood, Bell House and C Merit Butchers) and whilst the new dwellings will be seen in context with the rear of these listed buildings in views of the site from the west / south-west it is considered that the significance of these designated heritage assets (through development within their setting) will not be harmed under the current proposals.            

There is little relationship between the application site and the grade I listed St Leonards Church and as such it is considered the key aspects of the Church's setting and significance (the churchyard, surrounding roads and historic properties fronting the road) will not be impacted under the proposed scheme.

The application has undergone amendment since the pre-application stage and in their present form the proposed semi-detached pair of dwellings are considered to preserve the character and appearance of the Flamstead Conservation Area and preserve the significance of statutory listed buildings in the vicinity. The proposal accords with relevant conservation based policies within the NPPF and policy CS27. Recommend approval.          

It is not clear whether the outbuildings to be demolished along the west side of the site adjoin or abut the rear / west elevations of the curtilage listed outbuildings to the properties fronting the High Street. For this reason it is recommended that as a condition of any consent it is ensured that the demolition of the existing buildings on the site will not impact upon these buildings or prejudice their structural integrity / future maintenance.

All landscaping / boundary treatment should be sympathetic to the semi-rural location of the site and should be a condition of any consent.

Details of all external construction materials (including details of brick bond) to be submitted for approval.

National Air Traffic Services

The proposed development has been examined from a technical safeguarding aspect and does not conflict with our safeguarding criteria. Accordingly, NATS (En Route) Public Limited Company ("NERL") has no safeguarding objection to the proposal.   

However, please be aware that this response applies specifically to the above consultation and only reflects the position of NATS (that is responsible for the management of en route air traffic) based on the information supplied at the time of this application. This letter does not provide any indication of the position of any other party, whether they be an airport, airspace user or otherwise. It remains your responsibility to ensure that all the appropriate consultees are properly consulted.           

If any changes are proposed to the information supplied to NATS in regard to this application which become the basis of a revised, amended or further application for approval, then as a statutory consultee NERL requires that it be further consulted on any such changes prior to any planning permission or any consent being granted. 

Archaeology Unit (HCC)

Thank you for consulting me on the above application.       

Flamstead, meaning 'place of refuge', is first documented in AD 990, and it is believed that it grew up in the Late Saxon and early medieval period as a place of safe accommodation for travellers along Watling Street (Historic Environment Record no. 2637). The parish church of St Leonard has a Norman tower and nave, and Roman brick was reused and incorporated into the former (HER nos. 864 & 1372). It is Grade I listed and contains, according to the list description, the 'second most important wall paintings in the county' after St Albans Abbey.         

The church and accompanying medieval settlement were situated on a hilltop overlooking Watling Street. The proposed development site is on the same hilltop, circa 80m to the west of the church, and may be within the extent of the Saxon/medieval settlement. There is therefore potential at this location for encountering and negatively impacting on buried heritage assets dating to those periods.        

This office recently recommended that an archaeological evaluation take place prior to a larger housing development to the west. That evaluation has not yet taken place.   

The proposed development site for the current development has buildings on site, and is therefore more difficult to evaluate prior to development. Archaeological monitoring of groundworks is therefore a preferable approach. 

I believe that the position and details of the proposed development are such that it should be regarded as likely to have an impact on significant heritage assets with archaeological interest. I recommend that the following provisions be made, should you be minded to grant consent:            

1. The archaeological monitoring of all groundworks related to the development, including foundation trenches, service trenches, grubbing out of foundations/removal of slab, hard landscaping, piling and any other ground impact. This should include a contingency for preservation or further investigation of any remains encountered;            

2. the analysis of the results of the archaeological work with provisions for the subsequent production of a report and an archive and if appropriate, publication of these results       

3. such other provisions as may be necessary to protect the archaeological interest of the site.     

I believe that these recommendations are both reasonable and necessary to provide properly for the likely archaeological implications of this development proposal. I further believe that these recommendations closely follow para. 199, etc. of the National Planning Policy Framework, and the relevant guidance contained in the National Planning Practice Guidance, and in the Historic Environment Good Practice Advice in Planning Note 2: Managing Significance in Decision-Taking in the Historic Environment (Historic England, 2015).          

In this case two appropriately worded conditions on any planning consent would be sufficient to provide for the level of investigation that this proposal warrants. I suggest the following wording:      

Condition A    

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.            

Condition B    

i) Any demolition/development shall take place in accordance with the Written Scheme of Investigation approved under Condition A.        

ii) 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 (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.            

If planning consent is granted, then this office can provide details of the requirements for the investigation and information on archaeological contractors who may be able to carry out the work.

I hope that you will be able to accommodate the above recommendations.     

Please do not hesitate to contact me should you require any further information or clarification.    

Parish/Town Council

The PC objects to this application as it did for the other development on the same site for 6 dwellings due to the following:   

Access and vehicle trip numbers:     

The width of the access is a real bone of contention - it states on the plans that it is several centimetres wider than it actually is and although the correct width was given by a DBC councillor and the Parish Council at the Development Committee meeting, it was ignored. In the PC's opinion, it does not comply with planning law. There will be huge implications for the neighbouring properties as large vehicle access is extremely difficult especially when negotiated by drivers unfamiliar with the entrance.  

2 further dwellings would seriously impact on the vehicle trips made as each three bedroomed house could have up to 3 children, going to different schools in different places, so the graph which makes a guess at the number of daily trips is unrealistic.      

Furthermore, it has made the assumption that the builders' yard made up to 40 trips a day which if you speak to the neighbours, is simply not true. There were in fact very few movements of traffic and none at the weekend - this information has been disregarded.   

Fire appliance access:           

This was proven to be impossible when an independent test was carried out with a fire appliance, which made a number of unsuccessful attempts at reversing in. It would not in an emergency even consider entering the site, so the location of an adequate fire hydrant is key, but either way the main road would definitely be blocked by the fire appliances that are unable to enter the side road. This trial information was disregarded as it presented a different picture to the one presented by the Fire Officer who did not visit the site. 

Parking spaces:         

The plans state that each new dwelling has 2 x spaces and a "shared" space for visitors. This shared space is not indicated on the plans nor cannot it be seen where it could be located. Any reversing of the cars to exit in a forward gear, would mean encroaching on the neighbouring site and there would most likely be a serious visibility issue and danger to children.     

Loss of privacy:         

There is no information given as to how the removal of the current buildings will be dealt with in regard to the neighbouring property whose garden ends with the wall of the building due to be demolished - thus exposing their garden. This property on Trowley Hill Road will be directly overlooking the proposed dwelling and vice versa which is not acceptable. The replacement dwellings will be higher than the current buildings thus reducing the openness which they currently enjoy.   

Egress on to Trowley Hill Rd:

Despite the many swept path analyses that have been done to prove the ease of exit, it is indeed very difficult to exit the site without jutting past the line of permanently parked cars to see if anything is coming along Trowley Hill Rd. With the potential for 16 cars on the site, with no parking capacity on the road, and with a pavement of less than 2 feet wide, this will become an accident-prone zone.        

The PC will consider taking this application to the ombudsman because DBC has disregarded key information by choosing to ignore where errors have been pointed out.

Object

Hertfordshire Ecology

Thank you for consulting Hertfordshire Ecology on the above application, for which I have the following comments:          

1. This application is for the last developable section of this site. A Preliminary Ecological Appraisal has been undertaken for the application site which was surveyed for evidence for protected species and habitats.  

2. Several relatively modern buildings are present on this site which is otherwise wholly developed. External and internal surveys found no evidence of bats and were considered to have negligible potential to support a bat roost.    

3. No other evidence of protected species was found. The developed nature of the site was considered to have no potential for birds, reptiles, amphibians or notable invertebrates. The site supports no semi-natural habitat interest and was considered to be of low ecological value. No further surveys were considered necessary. I am satisfied that the surveys were sufficient and reliable in determining any ecological interest on the site.    

4. Recommendations for a precautionary approach to undertaking the proposals are outlined in Section 5.1 of the PEA. These should be followed and attached to any permission as an Informative.

5. Enhancements are proposed in 5.2 of the PEA and should also be attached to any permission as an Informative, in pursuance of providing ecological benefits (I am not satisfied provision of such habitat features such as bird and bat boxes meet the test of a Condition in that without them, the application should be refused. However, it may be considered that securing them by Condition is the best means of ensuring they are provided).       

6. Wildflower planting within gardens is considered to deliver ecological enhancements but obviously there is no control on subsequent garden use or management so little weight can be attached to this proposal. However, there is a significant landscaping proposal to plant an orchard associated with the recently approved adjacent development to the west, and this will provide locally significant ecological gain associated with the redevelopment of this whole site.    

On this basis I consider that the LPA can determine the application accordingly.    

I trust these comments are of assistance,

Thames Water

Waste Comments      

Thames Water recognises this catchment is subject to high infiltration flows during certain groundwater conditions. The scale of the proposed development doesn't materially affect the sewer network and as such we have no objection. In the longer term Thames Water, along with other partners, are working on a strategy to reduce groundwater entering the sewer network.  

Thames Water recognises this catchment is subject to high infiltration flows during certain groundwater conditions. The developer should liaise with the LLFA to agree an appropriate sustainable surface water strategy following the sequential approach before considering connection to the public sewer network. The scale of the proposed development doesn't materially affect the sewer network and as such we have no objection. In the longer term Thames Water, along with other partners, are working on a strategy to reduce groundwater entering the sewer network.  

Thames Water would advise that with regard to WASTE WATER NETWORK and SEWAGE TREATMENT WORKS infrastructure capacity, we would not have any objection to the above planning application, based on the information provided.       

Water Comments      

With regard to water supply, this comes within the area covered by the Affinity Water Company. For your information the address to write to is - Affinity Water Company The Hub, Tamblin Way, Hatfield, Herts, AL10 9EZ - Tel - 0845 782 3333.

Hertfordshire Highways (HCC)

Notice is given under article 18 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 that the Hertfordshire County Council as Highway Authority does not wish to restrict the grant of permission subject to the following conditions:  

1. No development shall commence until full details have been submitted to and approved in writing by the Local Planning Authority to illustrate the following:           

a. Provision of a suitable level of safe, secure and convenient cycle parking.          

b. Approval that the access arrangements are acceptable to Herts Fire & Rescue. Details      

have been forwarded to them.          

c. Illustrate that the largest anticipated vehicle to access the site can turn around safely and           

egress to the highway in forward gear.         

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).         

2. Provision of Parking & Servicing Areas    

Prior to the first occupation of the development hereby permitted the proposed access, on-site car parking and turning area shall be laid out, demarcated, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. 

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

3. Construction Management

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:      

a. Construction vehicle numbers, type, routing;        

b. Access arrangements to the site;  

c. Construction and storage compounds (including areas designated for car      

parking, loading / unloading and turning areas);       

d. Siting and details of wheel washing facilities;       

e. Timing of construction activities (including delivery times and removal of waste) and to         

avoid school pick up/drop off times;  

f. 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).         

COMMENTS / ANALYSIS:   

This proposal is for: Redevelopment of commercial site to provide 2no. dwellings with associated access, hardstanding, landscaping and parking           

The site is on land to the rear of 12 Trowley Hill Road, which is an unclassified local access road, subject to a speed limit of 30mph and is highway maintainable at public expense.      

ACCESS:       

The site has an existing access and private access road from Trowley Hill Road into the site and the proposal is to use this existing access unchanged. The general access arrangements are considered acceptable by HCC as Highway Authority.   

The applicant has submitted swept path diagrams demonstrating that Fire Tenders are able to enter the site, however these do not demonstrate the ability for vehicles to turn around on site to enter and leave the highway in forward gear and the proposed dwellings are approximately 20-30m from the nearest highway.    

This is contrary to MFS 6.7.2 The Building Regulation requirement B5 (2000)10 concerns 'Access and Facilities for the Fire Service'. Section 17, 'Vehicle Access', includes, inter alia, the following advice on access from the highway:      

o fire service vehicles should not have to reverse more than 20 m 

HCC as Highway Authority has therefore passed details to Herts Fire & Rescue for their attention and any comments or recommendations.           

PARKING      

The proposal includes the provision of four car parking spaces, the layout of which is shown on drawing number C4T5/FOU/FLA2-P02 Revision B . The size and layout of the parking area is acceptable and in accordance with MfS and Roads in Hertfordshire: Highway Design Guide. Dacorum Borough Council (DBC) is the parking authority for the district and therefore should ultimately be satisfied with the parking provision.        

SURFACE WATER DRAINAGE:     

The proposed development would need to make adequate provision for drainage on site to ensure that surface water is disposed of on site and does not discharge onto the highway.          

REFUSE / WASTE COLLECTION:  

The submitted planning statement states that a private waste collection company would be used to collect waste.     

CONCLUSION:         

HCC as Highway Authority considers that the proposal would not have an unreasonable impact on the safety and operation of the surrounding highway, subject to the conditions and informative notes above.

Environmental And Community Protection (DBC)

Having reviewed the planning application I am able to confirm that there is no objection to the proposed development, but that it will be necessary for the developer to demonstrate that the potential for land contamination to affect the proposed development has been considered and where it is present will be remediated.   

This is considered necessary because the application site has been under a commercial land use since the mid-1900s which will have had the potential to result in ground contamination. This combined with the vulnerability of the proposed end use to the presence of any contamination means that the following planning conditions should be included if permission is granted.      

Contaminated Land Conditions:        

Condition 1:    

(a)        No development approved by this permission shall be commenced prior to the submission to, and agreement of the Local Planning Authority of a written preliminary environmental risk assessment (Phase I) report containing a Conceptual Site Model that indicates sources, pathways and receptors. It should identify the current and past land uses of this site (and adjacent sites) with view to determining the presence of contamination likely to be harmful to human health and the built and natural environment.           

(b)        If the Local Planning Authority is of the opinion that the report which discharges condition (a), above, indicates a reasonable likelihood of harmful contamination then 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.     

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

(d)        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 (c) 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.       

Condition 2:    

Any contamination, other than that reported by virtue of Condition 1 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.       

Informative:    

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. 

Please let me know if you have any questions.        

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