Agenda item

The report was introduced by the case officer Robert Freeman

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Durrant that it be Granted.

Vote:

 

For:   6           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:

           

            PL-01

            PL02 Rev A

            PL-03 Rev A3

            PL-04 Rev A3

            PL-07 Rev A3

            PL-08 Rev A3

            PL-09

 

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

 

3.       The development hereby permitted shall be constructed in accordance with the materials specified on the application form.

 

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.       No construction of the superstructure shall take place until full details of soft landscape works has been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

           

-      a planting scheme with the number, size, species and position of trees, plants and shrubs;

           

The planting must be carried out 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 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).

 

5.       Prior to commencement of the development of the development hereby permitted,  a scheme noting the numbering of the drying shed's timbers, its careful dismantling by hand, their storage at a secure and dry location, repair works in matching timber, timetable for re-erection to the rear of the site and a scheme for the long term management and maintenance of the drying shed in perpetuity shall be agreed in writing by the Local Planning Authority.

           

The works shall be carried out in accordance with the approved scheme(s) and completed prior to the occupation of the dwellinghouses hereby granted.

 

The management and maintenance of the drying shed shall be carried out in accordance with the approved scheme.

           

Reason:  To ensure that the character or appearance of the designated heritage asset is preserved or enhanced and for the retention of the non-designated heritage asset on site as required per Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policy CS27 of the Dacorum Borough Core Strategy (2013) and Section 16 of the National Planning Policy Framework (2021).

 

6.       The development hereby permitted shall not be occupied, or brought into use, until:

 

i)         All works which form part of the WDE Remedial Strategy, Central Yard, Akeman Business Park, Akeman Street, Tring (20863R6 issue C) dated November 2021 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.

                       

7.       Any contamination, other than that reported by virtue of Condition 6 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.

 

8.        The dwellings hereby approved shall not be occupied until the Electric Vehicle Charging Points and associated infrastructure has been provided in accordance with drawing PL-09A.The Electric Vehicle Charging points and associated infrastructure shall thereafter be retained 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).

 

9.       The window at first floor level in the side elevations of the dwellings hereby permitted 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 130 (f) of the National Planning Policy Framework (2021).

 

10.      The development hereby approved shall not be occupied until a plan demonstrating that there is adequate access and circulation space to enable vehicles to access and exit those spaces beneath the drying shed has been submitted to and approved in writing by the local planning authority. The access and circulation areas required to utilise these parking spaces shall thereafter be retained for the purposes of access and circulation.

 

Reason: In the interests of highway safety and in accordance with Policies CS8 and CS12 of the Dacorum Borough Council Core Strategy (2013)

 

Informatives:

 

 

1.       Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant at the pre-application stage and during the determination process which lead to improvements to the scheme. 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.       In the event of bats or evidence of them being found, work must stop immediately and advice taken on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England to avoid an offence being committed.

 

3.       Works within the highway (section 278): The applicant is advised that in order to comply with this permission it will be necessary for the developer of the site to enter into an agreement with Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and associated road improvements. The construction of such works must be undertaken to the satisfaction and specification of the Highway Authority, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the County Council website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx or by telephoning 0300 1234047.

 

4.       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.

 

5.       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.

 

6.       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.

 

7.       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.