Agenda item

Cllr Douris declared a personal interest however came to this with an open mind and was able take part in the discussion and vote

 

The report was introduced by the case officer Colin Lecart

 

It was proposed by Councillor Maddern and seconded by Councillor Hobson that the application be Granted     

 

Vote:

 

For:      7   against:        0           Abstained: 4

 

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:

           

            20-19-A02B

            20-19-A04B

            20/19/06A

            20/19/07A

            20/19/08A

            20/19/09A

            20/19/10A

           

            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 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.

           

            The above details shall include full manufacturers specification and details of the non-reflective glazing to be used.

           

            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).

 

 4.        No above ground works 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 how suitable these are for the woodland context of the site;

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

           

            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.        No development (excluding ground investigations or archaeological investigations) shall take place until a Landscape and Ecological Management Plan for biodiversity purposes, which include timescales for implementation and future management, shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme of enhancements shall be implemented in accordance with the approved details and thereafter so retained.

           

            The management plan should be informed by a spring botanical survey of the woodland carried out by a suitably qualified ecologist and any mitigation including the proposed planting and landscaping plans under condition 4 updated accordingly.

           

            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 Paragraph 174 of the National Planning Policy Framework (2021).

 

 6.       

Tree protection measures prior to the commencement of development and during the construction phases of the development shall be carried out in accordance with the protection measures within the submitted Arboricultural and Planning Integration Report (GHA Trees -  8th March 2021), as well as the submitted Construction Management Plan ( 20-19-A020C).

 

The tree protection measures shall be the first items installed on site and the last to be removed.

 

Reason:  In order to ensure that damage does not occur to trees and hedges during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 174 of the National Planning Policy Framework (2021).

 

 7.        Prior to the commencement of the development hereby permitted, a scheme detailing the methods for the laying of underground services shall be submitted and approved in writing by the Local Planning Authority. This scheme shall include the current condition of the existing services route and the feasibility of using this, repairs that may be required, and how damage to tree routes while laying services will be avoided. 

           

            Reason:  In order to ensure that damage does not occur to trees and hedges during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 174 of the National Planning Policy Framework (2021).

 

 8.        Construction of the development hereby permitted shall be carried out in accordance with plan 20-19-A020C (Construction Management Plan). Within three months of the first occupation of the residential dwelling hereby approved, the western extent of the temporary access road, as well as the surfacing for the construction depot, shall be removed in accordance with plan 20-19-D001B (Temporary Road Detail).

           

            Reason:  In order to protect highway safety and the amenity of other users of the public highway, ensure appropriate protection of retained trees on site , and for the avoidance of doubt and interests of proper planning in accordance with Policies 51, 54  and 99 of the Dacorum Borough Local Plan (2004), Policy CS8 of the Dacorum Borough Core Strategy (2013) and Paragraphs 108 and 110 of the National Planning Policy Framework (2019).

 

 9.        Prior to the commencement of the development hereby permitted, full details of the finished site levels, above ordnance datum and of the slab level and ground floor of the proposed building, in relation to existing ground levels have been submitted to and approved in writing by the local planning authority. These details shall include a final section of the finished access road post construction which will supersede the indicative section contained within plan 20-19-D0001B referenced under condition 8.  The development shall be carried out in accordance with the approved levels and road section.

           

            Reason: 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).

 

10.        Prior to the construction of the buildings hereby permitted, details of any floodlighting, security lighting or other external means of lighting the site shall be submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details prior to first occupation of the development. No external lighting shall be erected other than that approved by this condition.

           

            Reason:  To ensure that the lighting is designed to minimise problems of glare, protect residential amenity, to minimise impacts on biodiversity and avoid unnecessary light pollution in accordance with Policy [CS12 / Policies CS26 and CS29] of the Dacorum Borough Core Strategy (2013) and [Paragraph 130 / Paragraph 174] of the National Planning Policy Framework (2021).

 

11.        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 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 as well as the openess of the Green Belt, in accordance with Policies CS5 and CS12 of the Dacorum Borough Core Strategy (2013).

 

 

 

12.       No above ground development shall take place until details of proposed sustainability measures to be used within the development shall be submitted to and agreed in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

 

The sustainability measures shall build upon the submitted Renewable Energy Feasibility Study (MESH - 28th April 2021) and provide a finalised set of measures to be incorporated into the proposed development.

 

Reason:  To ensure the sustainable development of the site in accordance with the aims of Policies CS28 and CS29 of the Dacorum Borough Core Strategy (2013), the Sustainable Development Advice Note (2016) and Paragraphs 154 and 157 of the National Planning Policy Framework (2021).

 

 

13.       Prior to occupation of the development 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 development shall not be occupied until these measures have been provided and these measures shall thereafter be retained fully 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).

 

 

Informatives:

 

 

 1.        Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led 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.        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.

 

 3.        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.

 

 4.        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.

 

 5.        WASTE:

           

            Thames Water recognises this catchment is subject to high infiltration flows during certain groundwater conditions. The scale of the proposed development doesn't materially affect the sewer network and as such we have no objection, however care needs to be taken when designing new networks to ensure they don't surcharge and cause flooding. In the longer term Thames Water, along with other partners, are working on a strategy to reduce groundwater entering the sewer networks.

           

            Thames Water recognises this catchment is subject to high infiltration flows during certain groundwater conditions. The developer should liaise with the LLFA to agree an appropriate sustainable surface water strategy following the sequential approach before considering connection to the public sewer network. The scale of the proposed development doesn't materially affect the sewer network and as such we have no objection, however care needs to be taken when designing new networks to ensure they don't surcharge and cause flooding. In the longer term Thames Water, along with other partners, are working on a strategy to reduce groundwater entering the sewer network.

           

            With regard to SURFACE WATER drainage, Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water we would have no objection.  Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required.  Should you require further information please refer to our website. https://developers.thameswater.co.uk/Developing-a-large-site/Apply-and-pay-for-services/Wastewater-services

           

            Thames Water would advise that with regard to WASTE WATER NETWORK and SEWAGE TREATMENT WORKS infrastructure capacity, we would not have any objection to the above planning application, based on the information provided.

           

            WATER:

           

            With regard to sewerage and sewage treatment, this comes within the area covered by the Severn Trent Water. For your information the address to write to is Severn Trent Water, 2308 Coventry Road, Sheldon, Birmingham B26 3JZ Tel - (0121) 7226000

 

 6.        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.

 

 7.        In the event that ground contamination is suspected or encountered 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.

 

 8.        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.