Agenda item

The report was introduced by the Joan Reid on behalf of the case officer Daniel Terry who no longer works for the Council.

 

JReid advised that the recommendation was changed from to be granted to be delegated with a view to approval to allow for the expiry of a 7-day re-consultation period following the change of description of the application.

 

Description of development

 

The description of the development has changed to the one now shown above. Previously it was “Demolition of 3x existing garages and erection of 1x 4 bedroom shallow bungalow with 4 dormers on roof slope including parking space, bin and bike stores”.

 

Further consultation

 

In light of the change of description, a further consultation period was undertaken, ending on 10.03.22, to provide interested parties with an opportunity to comment. It is very important to note that the change in description does not change at all the development to be constructed, rather it better describes the buildings to be demolished. Therefore, all interested parties have already had an opportunity to comment on the proposed plans and how this might affect them. There has been no further comments received from this re-consultation.

 

It was proposed by Councillor Maddern and seconded by Councillor Beauchamp that the application be Delegated with a view to approval

 

Vote:

 

For:  4     against:  1                Abstained: 2

 

Resolved:  Delegated with a view to approval

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.        Prior to the commencement of development hereby approved, an Arboricultural Method Statement and Tree Protection Plan prepared in accordance with BS5837:2012 (Trees in relation to design, demolition and construction) setting out how trees shown for retention shall be protected during the construction process, shall be submitted to and approved by the Local Planning Authority.  No equipment, machinery or materials for the development shall be taken onto the site until these details have been approved.  The works must then be carried out according to the approved details and thereafter retained until competition of the development.

           

            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).

 

3.         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 and to accord with paragraphs 174 (e) & (f), 183 and 184 of the National Planning Policy Framework (2021).

 

 4.        Any contamination, other than that reported by virtue of Condition 3 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 and to accord with paragraphs 174 (e) & (f), 183 and 184 of the National Planning Policy Framework (2021).

 

5.         No development shall take place until a ventilation strategy has been submitted for the approval of the LPA to protect likely future occupiers of new housing from exposure to road transportation & railway noise ingress.

           

            The ventilation strategy shall include an assessment of the likely impact on the residential occupation and shall also consider:

           

            o          How the ventilation strategy impacts on the acoustic conditions. Where the provision includes any Mechanical Ventilation and Heat Recovery (MVHR) systems, to ensure this does not compromise the internal sound levels achieved by sound insulation of the external façade

            o          Service and maintenance obligations for the MVHR, where required

            o          A strategy for mitigating overheating impacts on the acoustic condition including a detailed overheating assessment to inform this.

            o          Likely noise generated off-site where mechanical ventilation is introduced to site and, its impact on existing neighbours and any measures to be made to eliminate noise.

           

            The strategy shall be compiled by appropriately experienced and competent persons.  The approved ventilation strategy shall be implemented prior to first occupation and which remains in perpetuity in respect of the residential use.

           

            Reason: To protect the residential amenities of the future occupiers given the proximity to road traffic and noise, 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).

 

6.         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 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 area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

 7.        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:

           

            o          bin store and bike store;

            o          all external hard surfaces within the site;

            o          other surfacing materials;

            o          means of enclosure;

            o          soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs;

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

           

            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).

 

 8.        Prior to occupation of the dwelling, all existing structures located on site as shown on drawing no. Y617/2020/02 shall be removed from the site in full.

           

            Reason: To ensure satisfactory appearance to the development and to safeguard the openness and visual character of the area in accordance with Policies CS5, CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

 9.        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).

 

10.       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:

           

            Classes A, B and E of Part 1, Schedule 2.

           

            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 CS5 and CS12 of the Dacorum Borough Core Strategy (2013) and Paragraphs 130, 148 and 149 of the National Planning Policy Framework (2021).

 

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

           

            Y617/2020/01 (Site Location Plan);

            Y617/2020/02 (Existing Block Plan);

            Y617/2020/03 (Proposed Block Plan);

            Y617/2020/04 (Proposed Ground Floor Plan);

            Y617/2020/05 (Proposed First Floor Plan and Roof Plan);

            Y617/2020/06 (Garage A Elevations);

            Y617/2020/07 (Proposed Elevations);

            Y617/2020/07 (Garage B Elevations);

            Y617/2020/08 (Garage C Elevations);

           

            received 21 January 2022.

           

            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 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.        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 and I would be grateful if this fact could be passed on to the developers.

 

 3.        Thames Water: Management of surface water from new developments should follow Policy SI 13 Sustainable drainage of the London Plan 2021.  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.

 

 4.        Thames Water: There are public sewers crossing or close to your development. If you're planning significant work near our sewers, it's important that you minimize the risk of damage. We'll need to check that your development doesn't limit repair or maintenance activities, or inhibit the services we provide in any other way. The applicant is advised to read our guide working near or diverting our pipes. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-near-or-diverting-our-pipes.

 

 5.        With regard to water supply, this comes within the area covered by the Affinity Water Company. For your information the address to write to is - Affinity Water Company The Hub, Tamblin Way, Hatfield, Herts, AL10 9EZ - Tel - 0845 782 3333.

 

6.         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.  

           

7.         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.  

           

8.         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.