Agenda item

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

 

Cllr Guest declared a personal interest however she came with an open mind and was able to 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 Stevens that the application be Granted     

 

Vote:

 

For:  10   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 decision date of permission 20/01667/FUL .

           

            Reason:  To comply with the requirements of Section 73 of the Town and Country Planning Act 1990

 

 2.        The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

           

            2265-11-01

            PL-03 Rev P3

            PL-04 Rev P3

            PL-05 Rev P2

            PL-06 Rev P3

           

            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. 

                       

            Please note these details shall include details of the tint of the windows within the pitched roofs of the eastern elevation as well as the roof lights serving the proposed boot and pantry rooms. 

                       

            Reason:  To ensure satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies CS7, CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

 

 4.        No construction of the superstructure 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;

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

·         retained historic landscape features and proposals for restoration, where relevant.

                       

            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 the commencement of the development details of a management plan including long term design objectives, management responsibilities and maintenance schedules for all landscape areas including the proposed orchard planting and wildlife pond. The plan should also show the location of the artifical bird nests requested by the ecology officer. The details should built upon the submitted Master Landscape Plan and Design Binder.

                       

            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).

 

 6.        No work (including site clearance) in relation to the development hereby approved shall be undertaken until full details setting out how retained trees shall be protected, in accordance with BS5837:2012 (Trees in relation to design, demolition and construction), have been submitted to and approved in writing by the Local Planning Authority.  Details shall include:

                       

·         A scaled Tree Protection Plan showing the approved development layout and retained trees (surveyed in accordance with BS5837:2012), to include their accurate crown spreads and root protection areas (RPAs).

·         The sequential order of events required for tree protection.

·         The position and specification of tree protection fencing in accordance with BS5837:2012 (as applicable).

·         The position and specification of ground protection in accordance with BS5837:2012 (as applicable).

·         Details of hard surfacing constructed using no-dig techniques where proposed over the RPA of retained trees (as applicable).

·         Details of proposed levels.

·         The position of service routes and drainage (to include soakaways), and means of installation if these encroach through the RPA of retained trees.

·         The position(s) of welfare site cabins and areas for the storage of materials.

·         Tree protection measures during the landscaping stage(s).

·         Details of arboricultural site supervision to include timing and how each site visit shall be recorded.

                       

                        There shall be no excavation, changes in levels, storage of materials or access within the RPA of retained trees unless previously specified and agreed.

                       

            The works must then be carried out according to the approved details.

 

            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.        The clearance of trees and demolition of buildings 3 and 4 (as shown on the Greenings Farm site plan within the ecological report by the Wildlife Conservation Partnership (WCP) October 2019), should be undertaken outside the nesting bird season (March to August inclusive) to protect breeding birds, their nests, eggs and young. If this is not practicable, a search of these areas should be made no more than two days in advance of clearance by a competent Ecologist and if active nests are found, works should stop until the birds have left the nest.

                       

            Reason: To protect breeding birds, their nests, eggs and young in accordance with Paragraph 175 (a) of the National Planning Policy Framework (2019) and the Wildlife and Countryside Act (1981).

 

 8.        (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

 

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

 

10.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (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 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 in accordance with Policies CS7, CS12 and CS24 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 of the National Planning Policy Framework (2019).

             

 

Informatives:

 

 1.        Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. 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.        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.

 

 6.        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.

 

 7.        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.

 

 8.        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

 

 9.        Any excavations left open overnight should be covered or have mammal ramps (reinforced plywood board >60cm wide set at an angle of no greater than 30 degrees to the base of the pit) to ensure that any animals that enter can safely escape. Any open pipework with an outside diameter of greater than 120mm must be covered at the end of each working day to prevent animals entering / becoming trapped