Agenda item

Consultee

Comments

Environmental And Community Protection (DBC)

Having reviewed the planning application I am able to confirm that there is no objection to the proposed development. However, although it is acknowledged that there is no formal land use on or immediately adjacent to the application site that would be expected to result in ground contamination, the proposed end use is for a new residential dwelling. This is a sensitive land use that would be vulnerable to the presence of any contamination and so it is considered appropriate for the developer to demonstrate that the potential for land contamination to affect the proposed development has been considered and where present will be remediated.  

Given the small scale of the development and site specific circumstances it is considered that completion of the land contamination assessment questionnaire for small development sites with proposed sensitive end uses would be proportionate. This questionnaire has been attached to the email and should be completed by the applicant and returned to the LPA. If the information provided within the questionnaire is satisfactorily completed before the planning decision is made and it does not highlight any issues then there is no need for contaminated land conditions.    

If the questionnaire is not completed prior to the decision notice then the following planning conditions should be included if permission is granted. The completed questionnaire may then be sufficient to discharge the conditions.     

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.           

09.06.2020 - update following receipt of questionnaire from agent           

Having reviewed the completed Land Contamination Assessment Questionnaire we are satisfied that it provides sufficient information of the site to no longer warrant full contaminated land conditions. However, as it is a new development and will involve significant ground works the following informative is recommended.        

Land Contamination Informative  

In the event that ground contamination is encountered at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority with all works temporarily suspended until a remediation method statement has been agreed because, the safe development and secure occupancy of the site lies with the developer.  

21.05.20        

Town and Country Planning Act 1990     

Application: 20/00979/FUL

Description: Construction of new dwelling connected to existing semi-detached properties. External refurbishment of existing two properties (renewal of application 4/01574/17/FUL).    

Location: 3 Grove Farm Cottage Marshcroft Lane Tring Hertfordshire HP23 5PP    

With reference to the above planning application, please be advised Environmental Health have no objections or concerns. However I would  recommend the application is subject to construction working hours with Best Practical Means for dust.           

Construction Hours of Working - (Plant & Machinery) Informative           

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: Monday - Friday 07.30am - 17:30pm, Saturdays 08:00am - 13:00pm, Sundays and Bank Holidays - no noisy works allowed.

Construction Dust Informative      

Dust from operations on the site should be minimised by spraying with water or by carrying out of other such works that may be necessary to supress 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.

Noise on Construction/Demolition Sites Informative    

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.      

Parish/Town Council

The Council recommended no objection to this application. (20.05.2020)

Hertfordshire Highways (HCC)

See below.

Trees & Woodlands

With regard to Planning Application 20/00979/FUL.    

According to the information submitted trees will require removal to facilitate the development. I consider the trees to have low amenity value and, when evaluated against the merits of the scheme, should not pose a constraint to the development. Consequently, I have no objections to the application and recommend it being approved in full.

Hertfordshire Ecology

Reference: 20/00979/FUL 

Proposal: Construction of new dwelling connected to existing semidetached properties. External refurbishment of existing two properties (renewal of application 4/01574/17/FUL)     

Address: 3 Grove Farm Cottage Marshcroft Lane Tring Hertfordshire

HP23 5PP    

Thank you for consulting Hertfordshire Ecology on the above. I am not aware of any existing habitat or species data for this site; however there are records of roosting bats in the area.           

Given the location and nature of the site, and lack of apparent characteristics of the building, on this occasion I do not consider there is sufficient likelihood of bats being present and affected for the LPA to require a formal survey prior to determination.      

However, in the event that bats are found, given the proposal will involve some modification to the roof, I advise a precautionary approach to the works is taken and recommend the following Informative is added to any permission granted.           

If bats, or evidence for them, are discovered during the course of works, work must stop immediately and advice sought on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England, to avoid an offence being committed.    

I trust these comments are of assistance.

Hertfordshire Highways (HCC)

Proposal       

AMENDED PROPOSAL    

Construction of new dwelling connected to existing semidetached properties. External refurbishment          

of existing two properties (renewal of application 4/01574/17/FUL).    

Decision       

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:   

CONDITIONS:         

1. Vehicular visibility splays of 2.4m x 43m shall be provided, and thereafter maintained, in both       

directions from the accesses, 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.         

2. Pedestrian visibility splays of .65m x .65m shall be provided, and thereafter maintained, on both          

sides of the new vehicle crossover, which will be restricted a to a double width, ie as per Roads in  

Herts - Highway design guide 3rd edt guidance, within which there shall be no obstruction to visibility 

between 0.6m and 2m above the carriageway. 

Reason: In the interest of highway safety.         

3. The proposed parking spaces shall have measurements of 2.4m x 4.8m respectively. Such spaces 

shall be maintained as a permanent ancillary to the development shall be paved and shall be used for       

no other purpose.    

Reason: The above condition is required to ensure the adequate provision of off-street parking at all          

times in order to minimise the impact on the safe and efficient operation of the adjoining Highway.        

4. Before the premises are occupied all on site vehicular areas shall be surfaced in a manner to the       

Local Planning Authority's approval so as to ensure satisfactory parking of vehicles outside highway       

limits. 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: In order to minimise danger, obstruction, and inconvenience to users of the highway and of  

the premises.           

The Highway Authority would ask that the following note to the applicant be appended to any consent   

issued by the local planning authority.    

INFORMATIVES:    

1. The Highway Authority requires the alterations to or the construction of the vehicle crossovers to

be undertaken such that the works are carried out to their specification and by a contractor who is 

authorised to work in the public highway. 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. Before works commence the 

applicant will need to apply to the Highway Authority to obtain their permission and requirements. The 

applicant may need to apply to Highways (Telephone 0300 1234047) to arrange this, or use link:-    

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/drop   

ped-kerbs/dropped-kerbs.aspx or by telephoning 0300 1234047           

2. 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: Further information is available via the website   

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-inf 

ormation/business-licences/business-licences.aspx or by telephoning 0300 1234047.          

3. Road Deposits: 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 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        

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads-and-pave    

ments.aspx or by telephoning 0300 1234047.   

4. 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-inf 

ormation/business-licences/business-licences.aspxor by telephoning 0300 1234047.          

COMMENTS

The proposal is for Construction of new dwelling connected to existing semi-detached properties.          

External refurbishment of existing two properties (renewal - application ref: 4/01574/17/FUL). 

PARKING     

According to drawing no 2446 04 F " Car Parking amended", four parking spaces are proposed in   

total: two for the new property and one for each of the current properties.    

ACCESS      

Although drawing no 2446 04 F " Car Parking amended", indicates that there are two existing VXOs         

for no 3 Grove Farm Cottage, a site visit on 29/09/2017 confirmed that there are no formal vxos in   

existence.     

All proposed vxos on this drawing therefore are new ones and should be constructed by a contractor    

who is authorised to work in the public highway, as detailed in informative note 1 above.  

Marshcroft Lane is an unclassified local access road, with a 30mph speed limit. There have been no

accidents within the vicinity of the site for the last 5 years.     

CONCLUSION        

HCC as highway authority considers that the proposals would not have a severe residual impact upon       

highway safety or capacity, subject to the conditions and informative notes above

Parish/Town Council

20/00979/FUL The Council recommended REFUSAL of this application on the following grounds:       

loss of amenity to residents of existing properties    

no kitchen windows at No. 3 would lead to detrimental impact on resident          

parking issue caused at front of houses (20.08.2020)

Hertfordshire Highways (HCC)

22.10.2020     

Proposal         

AMENDED PROPOSAL       

Construction of new dwelling connected to existing semidetached properties. External refurbishment    

of existing two properties (renewal of application 4/01574/17/FUL).

Decision         

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. Prior to the first use of the development hereby permitted the vehicular accesses shall be provided

and thereafter retained at the position shown on the approved plan drawing number 04H. Prior to the     

first use of the development hereby permitted arrangement shall be made for surface water to be 

intercepted and disposed of separately so that it does not discharge onto the highway carriageway.         

Reason: To ensure satisfactory access into the site and avoid the carriage of extraneous material or    

surface water onto the highway in accordance with Policy 5 of Hertfordshire's Local Transport Plan 

(adopted 2018).         

Highway Informatives

HCC as Highway Authority recommends inclusion of the following Advisory Note (AN) / highway

informative to ensure that any works within the highway are carried out in accordance with the           

provisions of the Highway Act 1980: 

1. Construction standards for new/amended vehicle access: Where works are required within the

public highway to facilitate the new or amended vehicular access, the Highway Authority require the           

construction of such works to be undertaken to their satisfaction and specification, and by a           

contractor who is authorised to work in the public highway. 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. 

Before works commence the applicant will need to apply to the Highway Authority to obtain their          

permission, requirements and for the work to be carried out on the applicant's behalf. Further     

information is available via the website         

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/drop         

ped-kerbs/dropped-kerbs.aspx or by telephoning 0300 1234047.   

The applicant would need to be aware that it may be necessary for the developer of the site to          

enter into an agreement with Hertfordshire County Council as Highway Authority under          

Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and

associated road improvements if the level of the highways works is deemed to be too much to     

be carried out under a standard new access agreement with the Highway Authority.     

2. 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.        

3. Road Deposits: 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 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.         

4. 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-inf        

ormation/business-licences/business-licences.aspxor by telephoning 0300 1234047.           

Comments / Analysis 

The submitted amended proposed site plan (04 rev. H) is considered to be acceptable and would       

remove the need for the originally recommended conditions in relation to the visibility and size of the

parking spaces as they have been sufficiently demonstrated to be provided on the amended plan.         

Anyhow the required visibility splays would be through existing highway verge. 

Please refer to the above highway informative in relation to the works required to create the new     

vehicle crossovers to the properties. The applicant would need to be aware that a Section 278       

Highway Agreement may be required if the level of the highways works is deemed to be too much to 

be carried out under a standard VXO agreement with the Highway Authority.

Parish/Town Council

Tring Town Council recommended REFUSAL of this application due to insufficient alteration from previous application to warrant a change of opinion. Therefore, loss of amenity to resident of middle terrace property and inadequate parking provision. (29.10.2020)

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