Agenda item

5a.

ITEM 5a – 20/02754/ROC –

 

Variation of Condition 6 (Hard and Soft Landscaping), Condition 22 (External Electricity and Gas Meters) and Condition 24 (Approved Plans) Attached to Planning Permission 4/00658/19/MFA (Demolition of existing buildings, construction of 15 dwellings (class c3) and one retail (class a1 shop) unit and parish store room,  alterations to vehicle and pedestrian accesses)

Garden Scene Chapel Croft Chipperfield Hertfordshire WD4 9EG

 

 

The Case Officer, James Gardner introduced the report to Members and said that the application had been referred to the Committee as a similar application was previously refused by DMC.

Parish Councillor Geoff Bryant was not present to speak in objection therefore Alex Munro did not have the right to invoke speaking as the application is recommended for approval.

 

It was proposed by Councillor Durrant and seconded by Councillor C Wyatt-Lowe  that planning permission be Granted subject to the following conditions:

 

Vote:

 

For:       10     Against:    0              Abstained:     2

 

 

Resolved: That planning permission be DELEGATED with a view to APPROVAL subject to the completion of a Deed of Variation.

Condition(s) and Reason(s):

 1.        The development hereby permitted shall be begun before 29th July 2022. 

            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 shall be carried out fully in accordance with the Development Phasing Plan approved under 20/03642/DRC.

            Reason: To ensure a sufficient amount of retail space within the village in accordance with saved Policy 45 of the Dacorum Borough Local Plan 1991-2011 and to provide certainty with respect to Community Infrastructure Levy charging timeframes.

 3.        The retail Class E (a) unit hereby approved shall only be used for Class E (a) uses and for no other purpose of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification and for no other purpose permitted under Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

            Reason: To ensure a sufficient amount of shopping facilities within the village in accordance with saved Policy 45 of the Dacorum Borough Local Plan 1991-2011, and to guard against the unnecessary loss of valued facilities and services in accordance with Policy CS23 of the Dacorum Core Strategy and paragraph 92 (c) of the NPPF.

 4.        The trees shown for retention on the approved Tree Protection Plan (prepared by David Brown Landscape Design, dated March 2019) shall be protected during the whole period of site clearance, excavation and construction by the erection and retention of protective fencing positioned beneath the outermost part of the branch canopy of the trees.  In areas where tree protection fencing does not sufficiently cover Root Protection Areas, the use of 'No-Dig' construction methods shall be incorporated to minimise the impact to trees proposed for retention, unless otherwise agreed in writing by the local planning authority.

            Reason:  In order to ensure that damage does not occur to the trees during building operations in accordance with Policies CS12, CS25 and CS27 of the Dacorum Core Strategy 2013 and saved Policies 99 and 120 of the Dacorum Borough Local Plan 1991-2011.

 

 5.        In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of five (5) years from the date of the occupation of the building for its permitted use.

            (a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority.  Any topping or lopping approved shall be carried out in accordance with British Standard 3998: 1989  Recommendations for Tree Work.

            (b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority.

            (c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority.

            Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policies CS12, CS25 and CS27 of the Dacorum Core Strategy 2013 and saved Policies 99 and 120 of the Dacorum Borough Local Plan 1991-2011.

 6.        The landscaping works shown on the Soft Landscaping Proposals (prepared by Southern Counties Landscapes Ltd) and the Site Finishes Plan (prepared by SDP) (OAK106_1080 Rev P1) shall be carried out prior to the first occupation of the development hereby permitted.

            Reason: To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policies CS12, CS25 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 120 of the Dacorum Borough Local Plan 1991-2011.

 7.        Construction of the buildings hereby permitted shall be carried out fully in accordance with the materials approved under 20/03516/DRC.

            Reason:  To ensure a satisfactory appearance to the development and in the interests of the visual amenities of the Conservation Area in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 120 of the Dacorum Borough Local Plan 1991-2011.

 8.        Any tree or shrub which forms part of the approved landscaping scheme which within a period of five 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 to be approved by the local planning authority.

           

            Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area, in accordance with Policies CS11 and CS12 of the Dacorum Core Strategy 2013.

 9.        Prior to first occupation of the buildings hereby permitted, full details (in the form of scaled plans and/or written specifications) shall have been submitted to and approved in writing by the Local Planning Authority, in consultation with the Highway Authority, to illustrate the following:

            A feature to prevent vehicles (e.g. bollards) from parking on the highway footway fronting the shop on Chapel Croft and full height kerb on the carriageway edge and reinstatement of the footway.

            Tactile paving details at both accesses.  Tactile paving would need to in accordance with standards laid out in Guidance on the use of Tactile Paving Surfaces

            The works shall then be carried out in accordance with the approved particulars prior to first occupation of the buildings hereby permitted.

            Reason: In the interests of highway safety in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy 2013.

10.       Prior to the first occupation of the development hereby permitted the accesses and other necessary highway works shall be completed in accordance with the Hertfordshire County Council residential access construction specification. Prior to use arrangements shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

            Reason: In the interests of highway safety in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy 2013.

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

            Reason: In order to ensure a satisfactory development and in the interests of highway safety in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy 2013.

12.       The Construction Management Plan approved under 20/03642/DRC shall be implemented in full throughout the construction programme.

            Reason: To minimise danger, obstruction and inconvenience to users of the highway in accordance with Policy 57 of the Dacorum Borough Local Plan 1991-2011.

13.       The development permitted by this planning permission shall be carried out in accordance with the approved the Drainage Statement carried out by Fairhurst reference 103795-100 Issue 3 dated March 2019, the following mitigation measures detailed within the FRA:

           

            1.         Limiting the surface water and foul water discharge to a maximum of 2l/s with discharge into the Thames foul water sewer; with the southern plots draining into manhole 4001 to the east of the site at 0.7l/s, and the northern plots into manhole 3003 at 1.3l/s.

            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 to the use tanked permeable paving and attenuation tanks as indicated on drainage strategy drawing 103795/2001 Rev A

            Reason: To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy 2013.

14.       Construction of the buildings hereby permitted shall not 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 Statement carried out by Fairhurst reference 103795-100 Issue 3 dated March 2019. The scheme shall also include;

            o          Exploration of opportunities for above ground features reducing the requirement for any underground storage.

            o          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. The plan should show any pipe 'node numbers' that have been referred to in network calculations and it should also show invert and cover levels of manholes.

            Reason: To ensure the satisfactory disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy 2013

15.       Upon completion of the drainage works a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include maintenance and operational activities; arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

            Reason: To ensure the satisfactory disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy 2013.

16.       The site shall not be occupied, or brought into use, until:

            i.          All works which form part of the Remediation Method Statement (approved under 20/03570/DRC) 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 us has been submitted to, and agreed by, the Local Planning Authority.

           

            Reason: To ensure that any contamination affecting the site is dealt with in a manner that safeguards human health, the built and natural environment and controlled waters in accordance with Policy CS32 of the Dacorum Core Strategy 2013.

17.       Any contamination, other than that reported within the Remediation Method Statement (approved under 20/03570/DRC), encountered during the development of the 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 any contamination affecting the site is dealt with in a manner that safeguards human health, the built and natural environment and controlled waters in accordance with Policy CS32 of the Dacorum Core Strategy 2013

18.       The noise mitigation measures approved under 20/03643/DRC shall be implemented in their entirety prior to the commencement of the use or the first occupation of the development and retained as such thereafter.

            Reason:  To ensure an appropriate level of residential amenity within the development with respect to noise from local traffic and the mixed use nature of the building in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

19.       There shall be no installation of building services plant before a plan showing location of all plant and a Noise Impact Assessment in relation to that plant and the impact on residential amenity has been submitted and approved by the local planning authority.

            Noise emitted by external building services plant and equipment shall not increase the existing typical background at any time when the plant is in operation.  The noise emitted shall be measured or predicted at 1.0m from the facade of the nearest residential window.

            Development shall be carried out in accordance with the approved details.

            Reason:  To safeguard the residential amenities within and adjacent to the site and to conserve and enhance the character and appearance of the Chipperfield Conservation Area in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 120 of the Dacorum Borough Local Plan 1991-2011.

20.       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 the 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 D.

            Reason:  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 including the Chipperfield Conservation Area in accordance with Policies CS11, CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 120 of the Dacorum Borough Local Plan 1991-2011.

21.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order) (with or without modification) the garages hereby permitted shall be kept available at all times for the parking of vehicles associated with the residential occupation of the respective dwellings and it shall not be converted or adapted to form living accommodation.

            Reason: In the interests of highway safety in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy 2013, and order to ensure that a satisfactory level of parking is provided and retained, in accordance with the Parking Standards Supplementary Planning Document (2020).

22.       Notwithstanding the approved details, external electricity and gas metres shall not be installed on the southern elevations fronting Chapel Croft of the ground floor shop and Units 13, 14  and 15 as shown on Drawing No. P20/17/S/101 C Site Layout and Roof Plans.

            Reason: To positively conserve and enhance the character and appearance of the Chipperfield Conservation Area in accordance with Policy CS27 of the Dacorum Core Strategy 2013 and saved Policy 120 of the Dacorum Borough Local Plan 1991-2011.

23.       The retail (Class E (a)) use hereby permitted shall not operate other than within the following hours:

            07:00 to 20:00 Monday to Saturday

            08:00 to 16:00 Sunday

            For the avoidance of doubt the retail use shall not operate during bank holidays or public holidays.

            Reason:  In the interests of the amenities of the occupants of neighbouring dwellings within the development in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

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

           

            P20/17/S/101 Rev. C Site Layout & Roof Plans

            2585 PL04     Rev. B     (Proposed Street Scene 1 & 2)

            2585 PL05     Rev. B     (Street Scene 3 & 4)

            2585 PL11     Rev. C     (Front Building Elevations)

            2585 PL12     Rev. A     (Plots 1 & 2 Floor Plans)

            2585 PL13     Rev. A     (Plots 1 & 2 Elevations)

            2585 PL14     Rev. A     (Plots 3 - 5 Floor Plans)

            2585 PL15     Rev. B     (Plots 3-5 Elevations)

            P20/17/S/110 A  Floor Plans & Elevations Plot 6

            P20/17/S/111 A  Floor Plans & Elevations Plot 7

            P20/17/S/112 A Floor Plans & Elevations Plots 8 & 9 (9 handed)

            P20/17/S/113 A Floor Plans & Elevations Plot 10

            P20/17/S/114 A Floor Plans & Elevations Plot 11

            P20/17/S/115 A Floor Plans & Elevations Plot 12

            P20/17/S/120 Detached Garages Plots 6, 7, 8 & 9

            2585 PL10     Rev. B     (Front Building Plans)

            2585 PL30     Rev. A     (Outbuildings Plans and Elevations)

            2585 PL32     Rev. B     (Site Section Through Plot 3 & Rosetas Rear Garden)

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

25.       Prior to first occupation of the development hereby approved, details of fire hydrants or other measures to protect the development from fire must have been submitted to and approved in writing by the local planning authority. Such details shall include provision of the mains water services for the development whether by means of existing water services, new mains, or extension to or diversion of existing services where the provision of fire hydrants is considered necessary. The proposed development shall not be occupied until such measures have been implemented in accordance with the approved details. The fire hydrants must thereafter be retained in association with the approved development

            Reason: In order to ensure that the development is adequately served by fire hydrants in the event of fire in accordance with Policy CS12 of the Dacorum Core Strategy.

26.       Prior to occupation of the development hereby approved, full details of the layout and siting of Electric Vehicle Charging Points for the shop unit and any associated infrastructure shall be submitted to and approved in writing by the local planning authority. The development shall not be occupied until these measures have been provided and these measures shall thereafter be retained fully in accordance with the approved details.

            Reason: To ensure that adequate provision is made for the charging of electric vehicles in accordance with Policies CS8, CS12 and CS29 of the Dacorum Borough Core Strategy (2013) and the Car Parking Standards Supplementary Planning Document (2020).

27.       The dwellings hereby approved shall not be occupied until the Electric Vehicle Charging Points and associated infrastructure has been provided in accordance with drawing P20/17/S/101 C.

            The Electric Vehicle Charging points and associated infrastructure shall thereafter be retained in accordance with the approved details.

            Reason: To ensure that adequate provision is made for the charging of electric vehicles in accordance with Policies CS8, CS12 and CS29 of the Dacorum Borough Core Strategy (2013) and the Car Parking Standards Supplementary Planning Document (2020).