Agenda item

The report was introduced by the case officer James Gardner

 

It was proposed by Councillor Williams and seconded By Councillor Douris that the application be Granted

 

Vote:

 

For:  6            against:  0                 Abstained: 1 

 

 

Resolved:  Granted

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:

           

            20011wd2.01     Rev. O

            20011wd2.05     Rev. E

            20011wd2.06     Rev. B

            20011wd2.07   

            20011wd2.10     Rev. F

            20011wd2.11     Rev. F

            20011wd2.12     Rev. I

            20011wd2.13     Rev. K

            20011wd2.14     Rev. H

            20011wd2.15     Rev. I

            20011wd2.16     Rev. D

 

WIL/100/LA/01/C

 

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

 

 3.        No development above slab level shall take place until details of the materials to be used in the construction of the external surfaces of the dwellings 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. 

           

            Reason:  To ensure satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013) and Policy 120 of the Dacorum Local Plan (2004).

 

 4.        The window at first floor level in the south-western elevation of Plot 1 shall be permanently fitted with obscured glass unless otherwise agreed in writing by the Local Planning Authority.

           

            Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2021).

 

 5.        The smaller of the two windows at first floor level in the north-western elevation of Plot 4 shall be permanently fitted with obscured glass unless otherwise agreed in writing by the Local Planning Authority.

           

            Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2021).

 

 6.        The dwellings hereby approved shall not be occupied until the access road has been re-aligned in accordance with the details shown on drawing no.  20011wd2.01 (Rev. O).

           

            Reason: In order to ensure a safe and satisfactory means of access to the development for all users, in accordance with Policy CS12 of the Dacorum Core Strategy (2013).

 

 7.        No development above slab level shall take place until details of a scheme to provide dropped kerbs and tactile paving to link the footways on either side of the access road has been submitted to and approved in writing by the local planning authority.

           

            The dropped kerbs and tactile paving shall be fully provided in accordance with the approved particulars prior to first occupation of the development hereby approved.

           

            Reason: To ensure safe and suitable pedestrian access to the site and surrounding local footway network, in accordance with Policy CS8 (a) and (b) and Policy CS12 (a) of the Dacorum Core Strategy (2013).

 

 8.        Prior to occupation of the development hereby approved, full details of the layout and siting of Electric Vehicle Charging Points 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.

           

            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).

 

 9.        The dwellings hereby approved shall not be occupied until the on-plot parking spaces shown on drawing no. 20011wd2.01 (Rev. O) have been fully provided. The parking spaces shall thereafter be kept available at all times for parking in connection with the respective dwellings.

           

            Reason: To ensure that the sufficient parking provision is provided, in accordance with Policy CS12 of the Dacorum Core Strategy (2012) and the Dacorum Parking Standards SPD (2020).

 

10.       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 and methodology of site investigation and recording as required by the evaluation

            3. The programme for post investigation assessment

            4. Provision to be made for analysis of the site investigation and recording

            5. Provision to be made for publication and dissemination of the analysis and records of the site investigation

            6. Provision to be made for archive deposition of the analysis and records of the site investigation

            7. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

           

            Reason: To ensure that reasonable facilities are made available to record archaeological evidence in accordance with Policy CS27 of the Dacorum Core Strategy (2013), Policy 118 of the Dacorum Local Plan (2004) and paragraph 189 of the National Planning Policy Framework (2021).

 

11.       Any demolition/development shall take place in accordance with the Written Scheme of Investigation approved under Condition 10.

           

            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 10 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

           

            Reason: To ensure that reasonable facilities are made available to record archaeological evidence in accordance with Policy CS27 of the Dacorum Core Strategy (2013), Policy 118 of the Dacorum Local Plan (2004) and paragraph 189 of the National Planning Policy Framework (2021).

 

12.       (a)       The Local Planning Authority is of the opinion that the Preliminary Investigation Report submitted at the planning application stage (Document Reference: ListerGeo, Phase I Geo-Environmental Desk Study Report 20.07.002 August 2020) 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.

 

13.       Any contamination, other than that reported by virtue of Condition 12 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 2021.

           

            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.

 

14.       The ecological mitigation / enhancements (excluding the soft landscaping) shown on drawing no. WIL/100/LA/01/B (Soft Landscape Proposals) shall be implemented prior to first occupation of the dwellings hereby approved and retained thereafter.

           

            Reason:  To ensure the survival and protection of important species, having regard to Policy CS26 of the Dacorum Borough Core Strategy and Section 15 of the National Planning Policy Framework (2021).

 

15.       The soft landscaping works shown on drawing no. WIL/100/LA/01/C shall be carried out within one planting season of completing the development.

           

            Any tree or shrub which forms part of the approved landscaping scheme and 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 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).

 

16.       The hard landscaping works shown on drawing no. 20011wd2.01 (Rev. O) shall be fully implemented prior to first occupation of the dwelling hereby approved.

           

            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).

 

17.       Prior to the commencement of development hereby approved, an Arboricultural Method Statement and Tree Protection Plan prepared in accordance with BS5837:2012 (Trees in relation to design, demolition and construction) setting out how trees shown for retention shall be protected during the construction process, shall be submitted to and approved by the Local Planning Authority.  No equipment, machinery or materials for the development shall be taken onto the site until these details have been approved.  The works must then be carried out according to the approved details and thereafter retained until competition of the development.

           

            Reason:  In order to ensure that damage does not occur to trees and hedges during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 170 of the National Planning Policy Framework (2021).

 

18.       No development (exception demolition and site clearance) shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 1 in 100 year plus climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

           

            A full detailed drainage design and surface water drainage assessment should include:

           

            I.          A drainage strategy which includes a commitment to providing appropriate SuDS in line with the non-statutory national standards, industry best practice and HCC Guidance for SuDS.

            II.         Full detailed design drainage plan including location of all the drainage features.

            III.        Where infiltration is proposed, evidence of ground conditions/ underlying geology and permeability including BRE Digest 365 compliant infiltration tests; carried out at the location and depths of the proposed infiltrating features.

            IV.       Detailed calculations of existing/proposed surface water storage volumes and flows with initial post development calculations and/or 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.

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

            VI.       Discharge from the site should be at an agreed rate with the water company. This should be at Greenfield run-off rate; justification will be needed if a different rate is to be used.

            VII.      An indicative maintenance plan detailing how the scheme shall be maintained and managed.

           

            Reason: A surface water drainage assessment is vital if the local planning authority is to make informed planning decisions. In the absence of a surface water drainage assessment, the flood risks resulting from the proposed development are unknown. This should be provided to prevent the increased risk of flooding, both on and off site. This is in order to comply with Policy CS31 of the Dacorum Core Strategy (2013).

 

19.       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 management and maintenance plan shall include:

           

            1.         Provision of a complete set of as built drawings including the final drainage layout for the site drainage network.

            2.         Arrangements for reasonable and practical measures to secure the operation of the scheme throughout its lifetime.

           

            Reason:  To prevent flooding by ensuring the satisfactory maintenance of the surface water network on the site and to reduce the risk of flooding to the proposed development and future occupants. This is in order to comply with Policy CS31 of the Dacorum Core Strategy (2013).

 

 

Informatives:

 

 

 1.        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.

 

 2.        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.

 

 3.        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.

 

 4.        If bats, or evidence for them, are discovered during the course of roof 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.

 

 5.        All wild birds, nests and eggs are protected under the Wildlife & Countryside Act 1981 (as amended). The grant of planning permission does not override the above Act. All applicants and sub-contractors are reminded that site clearance, vegetation removal, demolition works, etc. between March and August (inclusive) may risk committing an offence under the above Act and may be liable to prosecution if birds are known or suspected to be nesting. The Council will pass complaints received about such work to the appropriate authorities for investigation. The Local Authority advises that such work should be scheduled for the period 1 September - 28 February wherever possible. If this is not practicable, a search of the area should be made no more than 2 days in advance of vegetation clearance by a competent Ecologist and if active nests are found, works should stop until the birds have left the nest.

 

 6.        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 - 07:30 to 17:30 on Monday to Friday, 08:00 to 13:00 on Saturday and no works are permitted at any time on Sundays or bank holidays.

 

 7.        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.

 

 8.        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.