Agenda item

The report was introduced by the case officer James Gardner, who stated that Paragraph 9.43 of the DMC report incorrectly refers to the application site being located to the north-east of no. 47 when it is, in fact, no. 47 which is located to the north-east of the application site.

 

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

 

Vote:

 

For:     7         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:

           

            PL03     Rev. A     Proposed Site Plan

            PL04     Rev. A     Street Scenes 1

            PL05     Rev. A     Street Scenes 2

            PL07     Rev. A     Plots 1 and 2 Proposed Floor Plans

            PL08     Rev. A     Plots 1 and 2 Proposed Elevations

            PL09     Rev. A     Plots 3 and 4 Proposed Floor Plans

            PL10     Rev. A     Plots 3 and 4 Proposed Floor Plans

            PL11     Plots 5 and 6 Proposed Floor Plans

            PL12     Plots 5 and 6 Proposed Elevations

            PL13     Plots 7 and 8 Proposed Floor Plans

            PL14     Plots 7 and 8 Proposed Elevations

            PL15     Proposed Site Plan Relationship with Simon Dean

           

            Arboricultural Impact Assessment     Dated February 2021

            Arboricultural Method Statement     Dated: February 2021

            TPP/4546CRBH/010 A     Tree Protection Plan

           

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

 

 3.       No development (excluding demolition/ground investigations) 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 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 and CS12 of the Dacorum Borough Core Strategy (2013).

 

INFORMATIVE: Please do not send materials to the Council offices.

 

 

 4.       No development above slab level 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:

           

·        all external hard surfaces within the site;

·        other surfacing materials;

·        means of enclosure;

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

·        minor artefacts and structures (e.g. furniture, play equipment, signs, refuse or other storage units, etc.).

           

            The hard landscape works shall be carried out in accordance with the approved particulars prior to first occupation of the dwellings hereby approved.

           

            The approved soft landscaping shall be planted 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 2 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).

 

 5.       No development above slab level shall take place until detailed drawings showing the location of the dropped kerbs to serve Plots 1 - 4 have been submitted to and approved in writing by the local planning authority.

           

            The dropped kerbs shall be constructed in accordance with the approved particulars prior to first occupation of Plots 1- 4.

           

            Reason: To ensure satisfactory access into the site and that the works are designed to an appropriate standard, in the interests of highway safety and in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and Policy 54 of the Dacorum Local Plan (2004).

 

 6.       Plots 5 - 6 of the development hereby approved shall not be occupied until the bellmouth access onto Chesham Road has been constructed in accordance with drawing no. PL03 (Rev. A).

           

            Reason: In the interests of highway safety in accordance with Policy CS12 of the Dacorum Core Strategy (2013).

 

 7.       Prior to the first occupation of the development hereby permitted arrangements shall be made for surface water to be intercepted and disposed of separately so that it does not discharge onto the highway carriageway. These arrangements shall be retained and maintained in perpetuity.

           

            Reason: To minimise water runoff in accordance with Policy CS31 of the Dacorum Core Strategy (2013).

 

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

           

            Reason: In the interests of highway safety in accordance with Policy CS12 of the Dacorum Core Strategy (2013).

 

 9.       Prior to the first use of the development hereby permitted a visibility splay shall be provided in full accordance with the details indicated on drawing number PL03 (Rev. A). The splay shall thereafter be maintained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

           

            Reason: To ensure satisfactory access into and out of the site and that the works are designed to an appropriate standard, in the interests of highway safety and in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and Policy 54 of the Dacorum Local Plan (2004).

 

10.      No development shall commence until a Construction Management Plan (or Construction Method Statement) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan. The Construction Management Plan / Statement shall include details of:

           

            a. Construction vehicle numbers, type;

            b. Access arrangements to the site;

            c. Traffic management requirements;

            d. Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

            e. Siting and details of wheel washing facilities;

            f. Cleaning of site entrances, site tracks and the adjacent public highway;

            g. Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times;

            h. Provision of sufficient on-site parking prior to commencement of construction activities;

            i. where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements.

           

            Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way in accordance with Policy 55 of the Dacorum Local Plan (2004)

 

11.      Prior to occupation of the dwellings 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 dwellings 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).

 

12.      Should any ground contamination be encountered during the construction of the development hereby approved (including groundworks), works shall be temporarily suspended, unless otherwise agreed in writing by the Local Planning Authority, and a Contamination Remediation Scheme shall be submitted to (as soon as practically possible) and approved in writing by, the Local Planning Authority. The Contamination Remediation Scheme shall detail all measures required to render this contamination harmless and all approved measures shall subsequently be fully implemented prior to the first occupation of the development hereby approved.

           

            Should no ground contamination be encountered or suspected upon the completion of the groundworks, a statement to that effect shall be submitted in writing to the Local Planning Authority prior to the first occupation of the development hereby approved.

           

            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: Identifying Potentially Contaminated Material

           

            Materials or conditions that may be encountered at the site and which could indicate the presence of contamination include, but are not limited to:

           

            Soils that are malodorous, for example a fuel odour or solvent-type odour, discoloured soils, soils containing man-made objects such as paint cans, oil/chemical drums, vehicle or machinery parts etc., or fragments of asbestos or potentially asbestos containing materials. If any other material is encountered that causes doubt, or which is significantly different

           

            Informative:

           

            The safe and secure occupancy of the site, in respect of land contamination, lies with the developer. The above condition is considered to be in line with paragraphs 174 (e) & (f) and 183 and 184 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.

 

13.      The window serving Bedroom 1 (as shown on drawing no.  PL13) at first floor level on the front elevation of Plot 8 shall be non-opening and permanently fitted with obscure glass (minimum of level 3 on the Pilkington scale).

           

            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 130 (f) of the National Planning Policy Framework (2021).

 

14.      Notwithstanding the submitted details, 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).

 

15.      Upon completion of the drainage works, a management and maintenance plan for the SuDS features and drainage network shall 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, in accordance  with Policy CS31 of the Dacorum Core Strategy (2013).

           

 

16.      The development shall be carried out fully in accordance with the Arboricultural Impact Assessment and Arboricultural Method Statement dated February 2021, and the Tree Protection Plan (drawing no. TPP/4546CRBH/010 A).

           

            Reason: To ensure on and off-site retained trees are afforded adequate protection during the course of the demolition and construction phases of the development, in accordance with Policy CS12 of the Dacorum Core Strategy (2013), Policy 99 of the Dacorum Local Plan (2004) and the Town and Country Planning Act 1990, which places a duty on local planning authorities to make provision for the protection of trees within ther jurisdiction.

 

17.      Notwithstanding the submitted details, no development in respect of Plot 8 shall take place until specialised foundation designs for the protection of T4 Beech have been submitted to and approved in writing by the local planning authority.

           

            Construction shall take place in accordance with the approved particulars.

           

            Reason: To protect the root system of the off-site tree and ensure its long term health, in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and Policy 99 of the Dacorum Local Plan (2004).

           

 

18.      No development above slab level shall take place until a plan (including a timetable for implementation) showing the location of the biodivesity mitigation / enhancement measures outlined at paragrahs 7.2.2.3.2, 7.2.2.3.3, 7.2.2.3.4 and 7.2.2.3.5 of the Ecological Impact Assessment has been submitted to and approved in writing by the local planning authority. 

           

            The enhancement measures shall be implemented in accordance with the approved particulars.

           

            Reason: To identify and ensure the survival and protection of important species and those protected by legislation that could be adversely affected by the development, having regard to Policy CS26 of the Dacorum Borough Core Strategy and Section 15 of the National Planning Policy Framework (2021).

 

19.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (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 and E

           

            Reason:  To enable the Local Planning Authority to retain control over the development in the interests of safeguarding the residential amenity of future residents, in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 of the National Planning Policy Framework (2021).

 

 

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.       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.

 

 5.       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.

 

 6.       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.

 

 7.       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.