The report was introduced by the case officer Briony Curtain on behalf of Elspeth Palmer
It was proposed by Councillor Williams and seconded by Councillor Beauchamp that the application be Granted
For: 6 against: 0 Abstained: 1
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 materials to be used between the windows must comply with those materials submitted to discharge condition 2 of 20/00089/FUL under 21/00196/DRC.
(A covering letter was submitted with the DRC showing the details of the materials to be used between the windows as Vertical Timber Cladding painted Black - a photo showing part of the building constructed with these materials was submitted.)
Reason: To ensure satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies CS12 and CS27 of the Dacorum Borough Core Strategy (2013).
3. The development hereby permitted shall be constructed in accordance with the materials specified on the application form submitted with application 20/00089/FUL with the exception of those which describe boundary treatment and the materials between the windows - these are to be addressed via other conditions which require details of boundary treatment and materials.
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 CS12 and CS27 of the Dacorum Borough Core Strategy (2013).
4. As shown on the approved plans the full size windows at ground floor on the eastern elevation must be non – opening to ensure that no permanent access is allowed to this side of the dwelling and thus further enlargement of the curtilage of the dwelling.
Reason: To avoid any encroachment into the Green Belt by the construction of a footpath along this side boundary and therefore to comply with the NPPF and CS 5 Green Belt.
5. All remediation or protection measures identified in the Remediation Statement referred to in Condition (4) of planning application 4/01658/16/FUL shall be fully implemented within the timescales and by the deadlines as set out in the Remediation Statement and a Site Completion Report shall be submitted to and approved in writing by the local planning authority prior to the first occupation of any part of the development hereby permitted.
For the purposes of this condition a Site Completion Report shall record all the investigation and remedial or protection actions carried out. It shall detail all conclusions and actions taken at each stage of the works including validation work. It shall contain quality assurance and validation results providing evidence that the site has been remediated to a standard suitable for the approved use.
Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development and to comply with CS32.
6. 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, AA, B, C, D, E, F and G]
Part 2 Classes [A, B and C].
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 in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and the National Planning Policy Framework (2021).
Reason: In the interests of safeguarding the openness of the Green Belt; the rural character of the building and the site; and the visual amenity of the surrounding countryside. The proposed development comprises of the conversion of an agricultural building in a rural area and it is important for the local planning authority to retain control over certain future development which would normally represent permitted development, in order to safeguard the rural character of the surrounding countryside.
7. Prior to occupation full details of both hard and soft landscape works shall be submitted to and approved in writing by the Local Planning Authority. These details shall include:
· hard surfacing materials;
· means of enclosure: no fencing will be permitted along the western side of the Barn;
· An elevation plan showing the siting, height (to be between 5-6 metres high) and coverage of replacement vegetation - a screen of Hornbeam trees and under hedging; and
· A floor plan showing the replacement vegetation and the distance between each tree.
The planting of the mature trees must be carried out prior to the removal of the row of vegetation (tree planning screen) shown immediately adjacent to Barn A on the proposed site plan.
The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.
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 species, size and maturity.
The replacement vegetation must be retained in perpetuity as shown on the approved soft landscaping details.
Reason: To improve the appearance of the development and its contribution to biodiversity, the local environment and the Conservation Area, as required by saved Policy 99 of the Dacorum Borough Local Plan (2004) and Policy CS12 (e) and CS27 of the Dacorum Borough Council Core Strategy (2013).
8. The design and materials to be used for the garage doors must comply with those details (a drawing and text) submitted to discharge condition 9 of 20/00089/FUL under 20/01452/DRC.
Reason: In the interests of protection of the rural character of the countryside and the Flaunden Conservation Area. To comply with CS5 and CS27.
9. The curtilage will be restricted to the approved site plan as per the previous application 20/00089/FUL.
Reason: To avoid any encroachment into the Green Belt by the extension of the curtilage of Barn A and therefore to comply with the NPPF (2021) and CS 5 Green Belt.
10. The development hereby permitted shall be carried out in accordance with the following approved plans/documents:
Site Location Plan
A. 47499. 04J Proposed Floor Plans and Elevations
Existing and Proposed Site Plan 02E
Addendum containing information relating to discharged conditions
Reason: For the avoidance of doubt and in the interests of proper planning.
1. Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. 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.
2. 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.
3. It is noted that the horse exercise area is not shown on the proposed or existing site plan - this was part of the MFA approval for continuing equestrian use and should not be removed without permission.