Agenda item

Councillor Hollinghurst declared an interest however was able to partake in this item

 

The report was introduced by the case officer Robert Freeman

 

It was proposed by Councillor Beauchamp and seconded by Councillor Durrant that the application be Granted     

 

Vote:

 

For:  9              against:  0                   Abstained: 1   

 

Resolved:  Granted

Condition(s) and Reason(s)

 

1.         The development hereby permitted shall begin before the expiration of three years from the date of this permission.

           

            Reason:  To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990, as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

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

           

            Plans

 

2762.03 C (Site Plan)

2762.05 A (Elevation)

2762.06 A (Elevation)

 

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

 

3.         No construction of the superstructure of the development shall take place until samples of the materials to be used in the construction of the development hereby approved. The 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 make sure that the appearance of the building is suitable and that it contributes to the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

4.         No development, including any demolition, shall commence unless and until a Demolition and Construction Methodology has first been submitted to and approved in writing by the Local Planning Authority to demonstrate that any proposed demolition, earthmoving, excavations, foundation construction or other building operations can be safely carried out without adversely affecting the stability of the adjacent canal infrastructure and to ensure that there would be no potential threat to the water environment of the adjoining canals and the wider network. Thereafter the development shall be carried out in full accordance with the approved details.

 

Reason: The detail is required prior to commencement in the interests of the structural integrity of the waterway and to safeguard the environment in accordance with Paragraphs 170 & 178-179 of the NPPF.

 

5.         No development shall take place until full details of the drainage proposals for the site have been submitted to and approved in writing by the Local Planning Authority. These details shall include:

 

-       Statement of compliance with the NPPF and NPPG policies, LPA local plan policies and HCC SuDS Policies.

 

-       Anecdotal information on existing flood risk with reference to most up to date data and information.

 

-       Establish location/extent of any existing and potential flood risk from all sources including existing overland flow routes, groundwater, flooding from ordinary watercourses referring to the national EA fluvial (river) and surface water flood maps.

 

-       Where infiltration is proposed, evidence of ground conditions/ underlying geology and permeability including BRE Digest 365 compliant infiltration tests should be provided. A detailed drainage strategy which includes a commitment to providing appropriate SuDS in line with the non-statutory national standards and industry best practice.

 

-       Detailed calculations of existing/proposed surface water storage volumes and flows with post development calculations/modelling in relation to surface water are to be carried out for all rainfall events up to and including the 1 in 100 year including an allowance for climate change (for residential developments this is 40%).

 

-       Evidence that if the applicant is proposing to discharge to the local sewer network, they have confirmation from the relevant Water & Sewerage Company that they have the capacity to take the proposed volumes and run-off rates.

 

-       Any opportunity to improve flood risk directly by the development site or contribution to local flood risk schemes

 

The drainage system for the site shall be provided fully in accordance with the approved details prior to the occupation of development.

 

Reason: To ensure that adequate measures are in place for the drainage of the site and to ensure adequate measures are undertaken to prevent flooding in accordance with Policies CS12, CS31 and CS32 of the Core Strategy.

 

6.         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.

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.

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

8.         No construction of the superstructure shall take place until full details of both hard and soft landscape works has been submitted to and approved in writing by the Local Planning Authority.

 

These details shall include:

 

-       means of enclosure, including the materials and/or hedging plants to be used for any enclosures, together with the location of any hedgehog gates;

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

-       tree protection plans

-       finished levels and contours in relation to existing site levels, eaves and ridge heights of neighbouring properties;

-       any exterior lighting works and

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

-       a Landscape and Ecological Management Plan

 

The planting must be carried out within one planting season of completing the development.

 

Any tree or shrub which forms part of the approved landscaping scheme which within a period of 5 years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by a tree or shrub of a similar species, size and maturity.

 

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

 

 9.        The development hereby approved shall not be occupied until the arrangements for the parking and circulation of vehicles have been provided in accordance with drawing 2762.03 C (Site Plan). The arrangements for the circulation and parking of vehicles shall thereafter be retained in accordance with the approved plans.

 

Reason: In the interests of highway safety and to ensure that there is adequate space to enter and exit the site within a forward gear in accordance with Policies CS8 and CS12 of the Core Strategy and Car Parking Standards SPD.

 

10.       The dwellings hereby approved shall not be occupied until the Electric Vehicle Charging Points and associated infrastructure has been provided in accordance with drawing 2762.03 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).

 

11.       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).

 

12.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 1995 (As Amended) or any revisions thereto there shall be no development falling within the following schedules to the specified units without the express planning permission of the local planning authority

 

Schedule 2 Part 1 Classes A, B, C, D, E and F

Schedule 2 Part 2 Class A

 

Reason: To safeguard the structural integrity of the canal, in the interests of the visual amenities of the countryside and to ensure satisfactory amenities for future occupants in accordance with Policies CS7, CS12, CS26 and CS32 of the Core Strategy. 

 

13.       The development, hereby approved, shall not be occupied until arrangements for the prevention and spread of fire have been submitted to and approved in writing by the Local Planning Authority. These measures shall include the provision of fire hydrants where appropriate. The development shall not be occupied until such measures have been provided fully in accordance with the approved details.

 

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

 

Article 35

 

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 Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

 

INFORMATIVES

 

CONTAMINATION

 

a) 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

 

b) Any contamination, other than that report 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.

 

CANAL WORKS

 

c) The applicant/developer is advised to contact the Works Engineering Team for Canal and River Trust on 0303 040 4040 in order to ensure that any necessary consents are obtained and that the works comply with the Canal & River Trust “Code of Practice for Works affecting the Canal & River Trust”.

 

d) The applicant is advised that any surface water discharge to the waterway will require prior consent from the Canal & River Trust. As the Trust is not a land drainage authority, such discharges are not granted as of right, where they are granted, they will usually be subject to completion of a commercial agreement.

 

HIGHWAY INFORMATIVES

 

HCC recommends inclusion of the following highway informative / advisory note (AN) to ensure that any works within the public highway are carried out in accordance with the provisions of the Highway Act 1980:

 

e) Extent of Highway: Information on obtaining the extent of public highway around the site can be obtained from the HCC website:

 

www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/extent-of-highways.aspx

 

f) 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.

 

g) 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.

 

h) 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.

 

BATS

 

i) 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