Agenda item

Cllr Stevens declared a personal interest and abstained from the debate and vote.

 

The report was introduced by the case officer James Gardner

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

Vote:

For:   6           against:  0                 Abstained: 1

 

Resolved: 

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:

 

PL 100 (Rev. 03)     Proposed Site Plan

PL 200 (Rev. 00)     Proposed GF Plan

PL 201 (Rev. 00)     Proposed FF Plan

PL 202 (Rev. 00)     Proposed Loft Plan

PL 300 (Rev. 00)     Proposed Elevations

PL 301 (Rev. 00)     Proposed Elevations

PL 302 (Rev. 00)     Proposed Streetscene

PL 304 (Rev. 00)     Existing and Proposed Trees

 

Tree Planting Appraisal (prepared by GHA Trees Arboricultural Consultancy) dated 7th June 2021

 

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

 

 3.       Notwithstanding the details shown on drawing no. PL 100 (Rev. 03), no construction above slab level shall take place until full details of hard landscape works has been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

           

            o          all external hard surfaces within the site;

            o          other surfacing materials;

            o          means of enclosure;

           

            The approved hard landscape works shall be fully implemented prior to first occupation of the dwelling hereby approved.

           

            Reason: To ensure satisfactory appearance to the development and to safeguard the visual character and historic integrity 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.       (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.

           

            (d)       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.

 

 5.       Any contamination, other than that reported by virtue of Condition 4 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 174 (e) & (f) and 178 and 194 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.

 

 6.       No below-ground development / excavation shall take place until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of archaeological 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 suggested by the archaeological 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 Archaeological Written Scheme of Investigation.

           

            Reason: To ensure that the site's archaeological interests are adequately accounted for in accordance with Policy CS27 of the Dacorum Borough Council Core Strategy (2013).

 

 7.       All demolition / development shall take place in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved under Condition 6.

           

            Reason: To ensure that the site's archaeological interests are adequately accounted for in accordance with Policy CS27 of the Dacorum Borough Council Core Strategy (2013).

 

 8.       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 6 and the provision made for analysis and publication where appropriate.

           

            Reason: To ensure that the site's archaeological interests are adequately accounted for in accordance with Policy CS27 of the Dacorum Borough Council Core Strategy (2013).

 

 9.       Prior to the first use of the development hereby permitted vehicular and pedestrian (and cyclist) access to and egress from the adjoining highway shall be limited to the access(es) shown on drawing number PL100 (Rev. 03) only.

           

            Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance Saved Policy 51 of the Dacorum Borough Council local Plan (2004).

 

10.      No development (except demolition and site clearance) shall take place until details of the materials to be used in the construction of the external surfaces of the development 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 and historic integrity 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).

 

11.      No development above slab level shall take place until the specification of the Electric Vehicle Charging Point shown on drawing no. PL 100 (Rev. 03) has been submitted to and approved in writing by the local planning authority.

           

            The development shall not be occupied until the Electric Vehicle Charging Point has been provided 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).

 

12.      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 the Ash tree within the garden of no. 1 Brownlow Road will 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 during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004) and Policy CS12 of the Dacorum Borough Core Strategy (2013).

 

13.      The tree planting shown on drawing nos. PL 100 (Rev. 03), PL 304 (Rev. 00) and specified in the Tree Planting Appraisal by GHA Trees Arboricultural Consultancy (dated 7th June 2021) and received on 11th June 2021 shall be carried out within one planting season of completing the development.

           

            Any tree which forms part of the tree planting 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 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 Policies CS12 and CS27 of the Dacorum Borough Council Core Strategy (2013).

 

Informatives:

 

 1.       Environmental Health

           

            Construction Hours of Working - (Plant & Machinery) Informative:

           

            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: Monday - Friday 07.30am - 17:30pm, Saturdays 08:00am - 13:00pm, Sundays and Bank Holidays - no noisy works allowed.

           

            Construction Dust Informative:

           

            Dust from operations on the site should be minimised by spraying with water or by carrying out of other such works that may be necessary to supress 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. Noise on Construction/Demolition Sites Informative:

           

            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.

           

            Highway Safety

           

            1. 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.

            Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 03001234047.

           

            2. 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. Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roadsand-pavements.aspx or by telephoning 0300 1234047

           

            3. 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 inthe 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. Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.

           

            Ecology

           

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

           

            Stored building materials (that might act as temporary resting places) are raised off the ground e.g. on pallets or batons away from hedgerows on site. Caution should be taken when moving debris piles or building materials as any sheltering animals could be impacted on. Any trenches on site should be covered at night or have ramps to ensure that any animals that enter can safely escape - this is particularly important if holes fill with water. In the event that a Great crested newt is encountered during works, works must stop immediately and ecological advice taken on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England.