Agenda item

21/02796/FHA - Removal of garage, reduction in ground level to create a level garden (maximum reduction 1400mm) and construction of 8m split level rear extension - 1 The Orchard Kings Langley Hertfordshire WD4 8JR


Cllr Anderson declared a personal interest as the ward Cllr however comes with an open mind.


The report was introduced by the case officer James Gardner, who stated that there was an error in Condition 4 in that this should read ‘the larger of the two bedrooms’ and not ‘the smaller of the two bedrooms’.

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


For:   9           against:                     Abstained: 2



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:


            PP1 - Proposed Parking (received on 21/09/21)

            PP1 - Proposed Parking (received on 09/09/21)


            Proposed Elevations (received on 16/07/21)

            Proposed Floorplans (received on 16/07/21)


            Location Plan 45 Degree Rule (received on 07/10/21)

            Proposed Rear Elevation 45 Degree Rule (received on 07/10/21)


            Street Scenes Front (received on 07/10/21)

            Street Scenes Side (received on 07/09/21)


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


 3.       The materials to be used in the construction of the external surfaces of the development hereby permitted shall match the existing building in terms of size, colour and texture.


            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.       The window serving the larger of the two bedrooms at Raised Ground Floor level, as shown on the Proposed Floor Plan (received on 16/07/21), in the western elevation of the extension hereby permitted shall be non-opening below 1.7 metres from finished floor level and permanently fitted with obscured glass (minimum of Level 3 on the Pilkington Scale) unless otherwise agreed in writing by the Local Planning Authority.


            Reason:  In the interests of the residential amenities of the occupants of no. 3 The Orchard 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).


 5.       Prior to the first use of the extension hereby permitted the vehicular access and parking areas shall be completed and thereafter retained as shown on drawing number PP1 (received on 21/09/21).  Arrangements shall be made for surface water to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway concurrently with the access being brought into use.


            Reason: To ensure satisfactory access into the site, a satisfactory level of parking and to avoid extraneous material or surface water from impacting the highway, in accordance with Policies CS12 and CS31 of the Dacorum Core Strategy (2013) and Policy 51 of the Dacorum Local Plan (2004).







 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.       New or amended vehicle crossover access (section 184): Where works are required within the public highway to facilitate a new or amended vehicular access, the Highway Authority require the construction of such works to be undertaken to their satisfaction and specification, and by a contractor who is authorised to work in the public highway. If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.) the applicant will be required to bear the cost of such removal or alteration. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission, requirements and for the work to be carried out on the applicant's behalf. Further information is available via the County Council website at:

    or by telephoning 0300 1234047.


 5.       Keep any areas of grass as short as possible up to, and including, the time when the works take place so that it remains unsuitable for amphibians (including Great Crested Newts) to cross.  In the unlikely 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.


 6.       In the event that contamination is found at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority with all works temporarily suspended until a remediation method statement has been agreed. This is because the safe development and secure occupancy of the site lies with the developer.       


 7.       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 from the expected ground conditions advice should be sought.



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