Agenda item

The report was introduced by the case officer Robert Freeman, who updated Members that the word ‘some’ in Condition 15 is to be removed.

 

It was proposed by Councillor Beauchamp and seconded by Councillor Williams that it be Delegated with a view to approval.

 

Cllr Maddern stepped out part way through the presentation so was not able to vote.

 

Vote:

 

For:   9              against:  0                      Abstained: 1

 

Resolved; Granted

 

Condition(s) and Reason(s):

 

8.1        That planning permission be DELEGATED with a view to APPROVAL subject to the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (As Amended)

 

8.2        That the following Heads of Terms are agreed:

 

•       The reallocation of £250,000.00 secured in association with planning permission 4/00064/17/MFA towards the improvement of the Green Lane and Breakspear Way junction

•       That enhancement works to Buncefield Lane are commenced in accordance with the Buncefield Lane Works Schedule (see Table 1 of the response from Hertfordshire Highways)

•       A contribution of £250,584.00 is provided to undertake biodiversity improvements within the Borough.

•       A contribution of some £6,000 is provided for the monitoring and evaluation of a Green Travel Plan in relation to the site.

 

8.3        That the following conditions are applied:

 

Conditions:

 

 1.        Details of the access, appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved.  Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission.

 

Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

 

2          The development hereby permitted shall begin no later than 2 years from the date of approval of the last of the reserved matters to be approved.

 

Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990. The development hereby permitted shall begin no later than 2 years from the date of approval of the last of the reserved matters to be approved.

 

Construction Management

           

3.         No development shall take place until a Construction Environmental Management Plan (     CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall including elements of the CLOCS standards as set out in the Highway Authority’s Construction Management template. The Construction Management Plan / Statement shall include details of:

 

a. Construction vehicle numbers, type, routing;

b. Access arrangements to the site;

c. Traffic management requirements

d. Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

e. Siting and details of wheel washing facilities;

f. Cleaning of site entrances, site tracks and the adjacent public highway;

g. Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times;

h. Provision of sufficient on-site parking prior to commencement of construction activities;

i. Post construction restoration/reinstatement of the working areas and temporary access to the public highway;

j. where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements; and

k. Phasing Plan.

 

Thereafter the construction of the development shall only be carried out in accordance with the approved Plan

 

Reason: To ensure that the M1 continues to be an effective part of the national system of routes for through traffic in accordance with section 10 of the Highways Act 1980, to satisfy the reasonable requirements of road safety and to protect the amenity of other users of the public highway and rights of way in accordance with Policies 5, 12, 17 and 22 of Hertfordshire’s Local Transport Plan (adopted 2018).

 

Phasing

 

4.         This development may be implemented in phases or as individual development zones in accordance with the Parameter Plan hereby approved. Each development zone may be treated as an individual site for the purposes of discharging any application for reserved matters approval and may commence subject to conditions relating thereto.

 

Reason: For the avoidance of doubt.

 

5.         No development on Zone 1A comprising land uses within Classes EG (iii), B2 or B8 of the Town and Country Planning (Use Class Order) 1987 (As Amended) (Option B) shall take place until market evidence or an assessment of the employment land demand has been submitted to the Local Planning Authority and agreed in writing to demonstrate a lack of commercial interest in EG (i) uses or that the use is unlikely to be taken up.

           

Reason: To ensure an adequate supply of employment land uses in accordance with Policy CS34 of the Core Strategy.

 

Access and Parking

 

6.         The submission of reserved matters for access shall include full details, for each phase or development zone, of the layout of internal access roads, gates, controlled access points, parking (including cycle and EV charging locations) loading and circulation areas:

 

Reason: To ensure suitable, safe and satisfactory planning and development of the site in accordance with Policy 5 of Hertfordshire’s Local Transport Plan (adopted 2018).

 

7.         Prior to the first occupation / use of the development hereby permitted the vehicular access to the site shall be completed in accordance with drawing number(s), 9793-WSP-XX-S278-DR-C-00101 P01 and 9793-WSP-XX-S278-DR-C-00102 P01 and in accordance with reserved matters to be submitted to and approved in writing by the Local Planning Authority. The access arrangements shall thereafter be retained in accordance with the approved details.

 

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).

 

8          Prior to the first occupation / use of the development hereby permitted a visibility splay shall be provided in full accordance with the details indicated on the approved drawing number(s) (9793-WSP-XX-S278-DR-C-00101 P01. The splay shall thereafter be retained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

 

Reason: To ensure that the level of visibility for pedestrians, cyclists and vehicles is satisfactory in the interests of highway safety in accordance with Policy 5 of Hertfordshire’s Local Transport Plan (adopted 2018).

 

9.         Prior to the first occupation / use of each phase or development zone of the development hereby permitted, provision shall be made for 20% of the car parking spaces to have active provision for EV charging and 30% of the car parking spaces to have passive provision for EV charging.

 

Reason: To ensure construction of a satisfactory development and to promote sustainable development in accordance with Policies 5, 19 and 20 of Hertfordshire’s Local Transport Plan (adopted 2018) and the Dacorum Borough Council Packing Standards Supplementary Planning Document (November 2020).

 

10         Prior to the commencement of each phase or development zone of the development hereby permitted, a scheme for the parking of cycles including details of the number, design, level and siting shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented before that phase of development is first occupied (or brought into use) and thereafter retained for this purpose.

 

Reason: To ensure the provision of cycle parking that meets the needs of occupiers of the proposed development and in the interests of encouraging the use of sustainable modes of transport in accordance with Policies 1, 5 and 8 of Hertfordshire’s Local Transport Plan (adopted 2018) and the Dacorum Borough Council Packing Standards Supplementary Planning Document (November 2020).

 

11         Prior to the first occupation / use of individual units within the development a plan agreeing the appropriate Servicing and Delivery arrangements for the each unit shall be agreed in writing by the Local Planning Authority in consultation with the highway authority. Subsequent occupiers of the building are required to also update the Servicing and Delivery Plan for their unit.

 

Reason: To ensure construction of a satisfactory development and in the interests of highway safety and amenity in accordance with Policies 4, 5, 12 and 16 of Hertfordshire’s Local Transport Plan (adopted 2018).

 

12         At least 3 months prior to the first occupation / use of the approved development a detailed Travel Plan for the site, produced in in accordance with the Hertfordshire County Council Travel Plan Guidance, Mar 2020, shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Authority. The approved Travel Plan Statement shall be based on the submitted Framework Travel Plan within (Appendix E) of the WSP Transport Assessment and updated to include:

 

• changes to relevant Government Guidance and Local Planning Authority Policies since the 2016 date of publication of the Framework Travel Plan
• include the measures specified in Section 6.2.4 of the WSP Air Quality Assessment report (September 2021)
• include the collection of baseline information on:
  • awareness of Ultra Low Emission Vehicles (ULEVs)
  • ownership of ULEVs
• include resources to raise awareness of ULEVs
• include measureable targets for ULEV uptake throughout the lifetime of the Travel Plan

 

It shall be implemented in accordance with the timetable and target contained in therein and shall continue to be implemented as long as any part of the development is occupied subject to approved modifications agreed by the Local Planning Authority in consultation with the Highway Authority as part of the annual review.

 

Reason:To ensure the M1 motorway will continue to fulfil its purpose as part of the Strategic Road Network in accordance with the Highways Act 1980, Circular 02/2013 'The Strategic Road Network and the Delivery of Sustainable Development' the National Planning Policy Framework and Planning Practice Guidance. To ensure that sustainable travel options associated with the development are promoted and maximised to be in accordance with Policies 3, 5, 7, 8, 9 and 10 of Hertfordshire’s Local Transport Plan (adopted 2018) and to satisfy the requirements of Policies CS8 and CS12 of the Core Strategy.

 

Reserved Matters

 

13         The submission of Reserved Matters applications for appearance and scale for each phase or development area shall comply with the Parameters Plan and Design Code hereby approved and shall include details of the following matters for each development plot:

 

-       full elevations for the proposed buildings

-       floor plans of the proposed building and

-       full details of the materials to be used in the external appearance of the buildings.

 

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

 

Reason: To ensure a satisfactory appearance to the development in accordance with Policies CS11 and CS12 of the Core Strategy.

 

14.        No building on the development hereby approved shall exceed 15m in height above the finished floor level.

 

Reason: For the avoidance of doubt and to ensure a satisfactory appearance to the development in accordance with the site parameters plan.

 

15.        The proposed building to Development Zone 3 shall have a maximum gross external area of 5740m2

 

Reason: To limit the size of the building in order to adhere to the Health and Safety Executives Inner Consultation Land Use Planning advice.

 

16.        The submission of Reserved Matters applications for landscaping for each phase or development area shall comply with the Design Code and Landscaping Strategy for the site hereby approved and shall include details of

 

-       soft landscaping measures including planting plans and specifications

-       the siting and design of any boundary treatment including acoustic fencing to the boundary of Woodwells Cemetery

-       exterior lighting plans and

-       minor artefacts and structures (bin stores, benches etc)

 

No development shall take place until measures for the protection of trees have been erected in accordance with plan 2036/20-03. These shall thereafter be retained for the duration of construction.

 

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

 

Reason: To ensure a satisfactory appearance to the development in accordance with Policies CS11 and CS12 of the Core Strategy.

 

17

 

17(a) Surface Water Drainage

 

Construction shall not begin until/prior to the approval of first reserved matters; a detailed surface water drainage scheme for the site, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include:

 

 .          A compliance report to demonstrate how the scheme complies with HCC LLFA local standards for sustainable drainage on major developments”;

 .          Full drainage calculations for all events up to and including the 1 in 100 year plus 40% climate change;

 .          A Flood Exceedance Conveyance Plan;

 .          Comprehensive infiltration testing across the site to BRE DG 365;

 .          Detailed design drainage layout drawings of the SuDS proposals including cross-section details;

 .          Detailed maintenance management plan in accordance with Section 32 of CIRIA C753 including maintenance schedules for each drainage element, and;

 .          Details of how water quality will be managed during construction and post development in perpetuity;

 .          Consent for any connections into third party drainage systems

 

17 (b) SuDS As Built and Maintenance Details

 

Prior to first occupation, a record of the installed SuDS and site wide drainage scheme shall be submitted to and approved in writing by the Local Planning Authority for deposit with the Lead Local Flood Authority Asset Register. The details shall include:

 

(a) As built plans in both .pdf and .shp file format;

(b) Photographs to document each key stage of the drainage system when installed on site;

(c) Photographs to document the completed installation of the drainage structures on site;

(d) The name and contact details of any appointed management company information.

 

Reason:

 

In accordance with section 21 of the Flood and Water Management Act 2010.

 

 

Contamination

 

18. (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.

 

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

 

19.        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 19 (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 and

 

(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

 

20         Any contamination, other than that reported by virtue of Condition 19 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.

 

Archaeology

 

21 a)     No demolition/development shall take place/commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing.  The scheme shall include an assessment of archaeological significance and research questions; and:

 

1.         The programme and methodology of site investigation and recording

 

2.         The programme and methodology of site investigation and recording as suggested by the archaeological evaluation

 

3.          The programme for post investigation assessment

 

4.         Provision to be made for analysis of the site investigation and recording

 

5.         Provision to be made for publication and dissemination of the analysis and records of the site investigation

 

6.         Provision to be made for archive deposition of the analysis and records of the site investigation

 

7.         Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.

 

            Reason: To ensure the adequate investigation and recording of archaeology in accordance with Policy CS27 of the Core Strategy.

 

21 b)

 

i)          Any demolition/development shall take place in accordance with the Written Scheme of Investigation approved under Condition 21 a).

 

ii)         The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 21 a) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

 

Reason: To ensure the adequate investigation and recording of archaeology in accordance with Policy CS27 of the Core Strategy.

 

Buncefield

 

22.        No building within the Health and Safety Executives Inner Consultation Land Use Planning Consultation Zone for the Buncefield Oil Terminal major hazard site shall be occupied by more than 100 employees at any one period in time.

 

Reason: In the interests of public safety.

 

Approved Plans

 

23.        The development hereby approved shall be carried out in accordance with the following plans and documents:

 

            31325-PL-200 (Location Plan)

            31325-PL-201A (Parameters Plan)

            SK1200-P01 (Plateau Earthworks Analysis)

            SK1201-P01 (Plateau Contour Plan)

            SK1300-P02 (Surface and Foul Water Drainage Layout)

            SK1605-P01 (Site Section Sheet 1)

            SK1606-P01 (Site Sections Sheet 2)

            SK1611-P01 (Proposed Spine Road)

            SK1612-P01 (Proposed Spine Road)

            SK1613-P01 (Proposed Spine Road)

            SK1621-P01 (Proposed Spine Road Contours)

            SK1622-P01 (Proposed Spine Road Contours)

            SK1623-P01 (Proposed Spine Road Contours)

9793-WSP-XX-S278-DR-C-00101 P01 (Section 278 – General Arrangement)

9793-WSP-XX-S278-DR-C-00102 P01 (Section 278 Agreement – Forward VisibilitySplay)

9793-WSP-XX-S278-DR-C-00103 P01 (Section 278 Agreement – Forward VisibilitySplay)

2036/20-01 (Tree Constraints Plan)

2036/20-02 (Landscape Concept Plan)

2036/20-03 (Tree Retention, Protection and Removal Plan)    

2036/20-04 (Landscape Concept Sections)

 

            Air Quality Assessment by WSP (September 2021)

            Biodiversity Assessment by Ecological Solutions (September 2021)

Design and Access Statement by Michael Sparks Associates (September 2021)

Design Code by Michael Sparks Associates (September 2021)

Drainage Design Philosophy by RPS Group (June 2021)

Ecological Assessment by Ecological Solutions (September 2021)

Heritage Statement by RPS (August 2021)

Landscape and Visual Impact Assessment by Barry Chinn Associates reference 2036/20/RP02 rev A

Noise Impact Assessment by WSP (September 2021)

Sustainability Statement by Turley reference PR0Z3021 (September 2021)

Transport Assessment by WSP (September 2021)