Agenda item

Cllr Stevens advised that he was speaking in objection to this item on behalf of Berkamstead Town Council so would abstain from the discussion and vote.

The report was introduced by the case officer Andrew Parrish

It was proposed by Councillor Beauchamp and seconded by Councillor Williams that it be Granted

Vote:

For:   6            against:  2                   Abstained: 2

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:

            1545-BA-100

            1545-BA-111 rev D

            1545-BA-112 rev 112D Bin storage

            1545-BA-113 rev E

            1545-BA-114 rev B

            1545-BA-115 rev C

            1545-BA-116 rev B

            1545-BA-117 rev C

            1545-BA-118 rev 118E Bin storage

            1545-BA-119 rev B

            1545-BA-120 rev C

            1545-BA-121 rev A

            1545-BA-123 rev 123D Bin storage

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

 3.        No development (excluding demolition, site preparation, ground works) shall take place until samples of the materials (together with summary details) to be used in the construction of the external surfaces of the development hereby permitted shall have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.  Please do not send materials to the Council offices.  Materials should be kept on site and arrangements made with the Planning Officer for inspection.

            Reason:  To ensure satisfactory appearance to the development and to safeguard the visual character of the conservation area in accordance with Policies CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013), Saved Policy 120 of the Dacorum Borough Local Plan and the National Planning Policy Framework.

 4.        The development shall be carried out in accordance with the approved plans and elevations and no development (excluding demolition, site preparation, ground works) shall take place until 1:20 details of the design and appearance of the following shall have been submitted to and approved in writing by the local planning authority:

            o all new windows, replacement windows, external doors and openings (including materials, finishes, sills, window headers). The details shall include vertical and horizontal cross-sections through the openings to show the position of joinery within the openings;

            o dormer window;

            o bin store doors;

            o eaves joinery and rainwater goods to the new porch;

            o Balustrades.

            The development shall be carried out in accordance with the approved details.

            Reason: To ensure a satisfactory appearance to the development and street scene in accordance with Policy CS12 and CS27 of the Dacorum Core Strategy September 2013 and saved Policy 120 of the Dacorum Borough Local Plan 1991-2011.

 5.        All replacement brickwork in association with removed or repositioned openings shall be made good and keyed into existing brickwork in a matching brickbond, brick /mortar colour / texture.

            Reason:  In the interests of preserving the character and appearance of the Berkhamsted Conservation Area 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), saved Poilicy 120 of the Dacorum Borough Local Plan 1991-2011and Section 16 of the National Planning Policy Framework (2021).

 6.        Notwithstanding any details submitted, no development (excluding demolition, site preparation, ground works) shall take place until full details of both hard and soft landscape works shall have been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

            o          hard surfacing materials;

            o          means of enclosure, including height of screen fences;

            o          soft landscape works including planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

            o          trees to be retained;

            o          proposed finished levels or contours;

            o          sustainable drainage measures;

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

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

            The approved landscape works shall be carried out prior to the first use of the development hereby permitted and retained fully in position.

            Any tree or shrub which forms part of the approved landscaping scheme which within a period of five 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 ensure a satisfactory appearance to the development and to safeguard the visual character and ecology of the immediate area in accordance with saved Policies 99 and 100 of the Dacorum Borough Local Plan 1991-2011 and Policies CS12, 13 and 29 of the Dacorum Core Strategy September 2013.

 7.        . Prior to the use of the development hereby permitted the vehicular access shall be completed and thereafter retained as shown on drawing number 1545-BA-113 E in accordance with details/specifications to be submitted to and approved in writing by the Local Planning Authority in consultation with the highway authority. Prior to use appropriate arrangements shall be made for surface water to be intercepted and Page 19 disposed of separately so that it does not discharge from or onto the highway carriageway.

            Reason: To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018) and saved Policy 54 of the Dacorum Borough Local Plan 1991-2011.

 8.        Prior to the first use of the development hereby permitted the vehicular and pedestrian (and cyclist) access to, and egress from, the adjoining public highway shall be limited to the access(es) shown on drawing number 1545-BA-113 E only. Any other access(es) or egresses shall be permanently closed, and the footway / kerb / highway verge shall be reinstated in accordance with a detailed scheme to be submitted to and approved in writing by the Local Planning Authority in consultation with the highway authority.

            Reason: To ensure construction of a satisfactory development and in the interests of highway safety and amenity in accordance with Policies 5 and 7 of Hertfordshire's Local Transport Plan (adopted 2018), Policy 12 of the Dacorum Core Strategy September 2013 and saved Policy 54 of the Dacorum Borough Local Plan 1991-2011.

 9.        Prior to the first occupation of the development hereby permitted the proposed on-site car parking, turning area and cycle storage shall be laid out, demarcated, surfaced and drained in accordance with the approved plan and retained thereafter available for those specific uses. The parking spaces shall at all times remain unallocated to any specific flat. 

            Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013), saved Policy 51 of the Dacorum Borough Local Plan and Section 9 of the National Planning Policy Framework (2021).

10.       Prior to the first use of the development hereby permitted any access gate(s), bollard, chain or other means of obstruction shall be installed to open inwards, set back, and thereafter retained (in perpetuity) at a minimum distance of 6 (may be reduced to 5.5) metres from the edge of the highway.

            Reason: To enable vehicles to safely draw off the highway before the gate(s) or obstruction is opened and/or closed in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018), Policy 12 of the Dacorum Core Strategy September 2013 and saved Policy 51 of the Dacorum Borough Local Plan 1991-2011.

11.       11. Prior to occupation of the development hereby approved, full details of above ground Electric Vehicle Charging Point infrastructure shall be submitted to and approved in writing by the local planning authority. The development shall not be occupied until the Electric Vehicle Charging infrastructure has 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).

12.       No development shall take place until details of proposed sustainability measures within the development, through submission of a CS29 Checklist) shall have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

            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.       The window(s) at first floor level in the south east elevation of the development hereby permitted shall be non-opening and 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).

14.       Notwithstanding any details submitted, no development shall take place until full details have been submitted to and approved in writing by the local planning authority to show that adequate and satisfactory space can be made available for refuse bin storage. Development shall be carried out in accordance with the approved details and the storage area thereafter retained for this purpose.

Reason: to ensure satisfactory bin storage for the development in accordance with Policy CS12 and the Council’s Refuse Storage Guidance Note.

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.        Where works are required within the public highway to facilitate the 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 website: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/dropped-kerbs/dropped-kerbs.aspx or by telephoning 0300 1234047.

 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.        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.