Agenda item

The report was introduced by the case officer Heather Edey

It was proposed by Councillor Maddern and seconded by Councillor Stevens that it be Granted

Vote:

For:  5             against:  0                   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 constructed in accordance with the materials specified on the approved plans.

            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).

 3.        Before any mechanical services plant including refrigeration and kitchen extraction plant to which the application refers, is used at the premises, a scheme shall be submitted to and approved in writing by the local planning authority which demonstrates that the following noise design requirements can be complied with and shall thereafter be retained as approved.

            The cumulative measured or calculated rating level of noise emitted from the mechanical services plant including refrigeration and kitchen extraction plant to which the application refers, shall not exceed the existing background noise level at all times the plant and equipment is in use. The measured or calculated noise levels shall be determined in accordance to the latest version of British Standard 4142.

            Reason:  To protect the residential amenities of the locality, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

 4.        A scheme for the extraction and treatment of fumes and odours generated from cooking or any other activity undertaken on the premises shall be submitted to and approved in writing by the local planning authority. Any equipment, plant or process approved pursuant to such details shall be installed prior to the first use of the premises and shall be operated and retained in accordance with the approved details and operated in accordance with manufacturer's instructions.

            The scheme shall reflect guidance, and risk assessment, set out in guidance Commercial Kitchens: Control of Odour and Nose from Commercial Kitchen Exhaust Systems (by Ricardo Energy and Environment 2018).

            Reason:  To protect the residential amenities of the locality, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

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

            Parking Stress Survey (Bovingdon Parking Survey)

            AD/21/HIG98A/PL02 - Page 1 of 2

            AD/21/HIG98A/PL02 - Page 2 of 2

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

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.        HIGHWAY INFORMATIVES

            HCC as Highway Authority recommends inclusion of the following Advisory Note (AN) / highway informative to ensure that any works within the highway are carried out in accordance with the provisions of the Highway Act 1980:

            AN 1) Storage of materials: 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.

            Further information is available via the County Council website at:

            https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.

            AN 2) Obstruction of highway: 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.

            Further information is available via the County Council website at:

            https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.

            AN 3) Debris and deposits on the highway: It is an offence under section 148 of the Highways Act 1980 to deposit compost, dung or other material for dressing land, or any rubbish on a made up carriageway, or any or other debris on a highway to the interruption of any highway user. 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 and use thereafter are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is

            available by telephoning 0300 1234047.

 3.        ADVERTISEMENT INFORMATIVE

            Advertisement consent is required for the installation of new signage to the exterior of an existing building. As such, the signage shown on proposed plan AD/21/HIG98A/PL02 - Page 2 of 2 is indicative only; formal advertisement consent is required to regularise this signage.