Agenda item

 

5.  The order of applications was changed to allow for anyone wanting to speak on an application to be heard first (after first hearing applications deferred from the last committee.) The items were heard in the following order:

Item 5a,

Item 5b,

Item 5c,

Item 5d,

Item 5e,

Item 5i,

Item 5f,

Item 5g,

Item 5h,

Item 5j,

Item 5k,

 

5a. 21/01095/FUL - Proposed conversion of existing farmhouse to provide four number   dwellinghouses with associated parking.

Newground Farm House, Tring Road, Tring, Hertfordshire

 

Jane Miller introduced the report on behalf of the case officer James Gardner. The application has been referred to the Committee due to Contrary views of Wigginton parish council.

It was proposed by Councillor Williams and seconded by Councillor Douris to delegate with a view to Grant the application.

Vote:

 

For:  9              Against:           0           Abstained:   1

 

Resolved: That planning permission be DELEGATED with a view to APPROVAL.

 

RECOMMENDATION        

 

That planning permission be DELEGATED with a view to APPROVAL subject

to appropriate assessment in accordance with article 6(3) of the Habitats Directive and securing a mitigation package to avoid any further significant effects on the Chilterns Beechwood Special Area of Conservation (SAC) through financial contributions secured by legal agreement.

Conditions and Reasons:

 

 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:

           

            1970/20E

            1970/21A

            1970/23A

            1970/24A

            1970/25A

           

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

 

 3.        The materials to be used in the construction of the external surfaces of the extensions hereby permitted shall match the existing building in terms of size, colour and texture.

           

            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).

 

 4.        The access and parking arrangements shown on drawing no. 1970/20E shall be provided in full prior to first occupation of the residential units hereby approved and thereafter permanently retained.

           

            Reason:  To ensure an acceptable level of parking and in the interests of highway safety, in accordance with Policy CS12 of the Dacorum Core Strategy (2013), the Dacorum Parking Standards SPD (2020) and Policy 51 of the Dacorum Local Plan (2004).

 

 5.        Notwithstanding the details shown on drawing no. 1970/20E, the dwellings hereby approved shall not be occupied until details of the layout and siting of Electric Vehicle Charging Points (including the specific specification), and any associated infrastructure  have been submitted to and approved in writing by the local planning authority.

           

            The development shall not be occupied until the Electric Vehicle Charging Points have been proivded in accordance with the approved particulars.

           

            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).

 

 6.        a) The dwellings hereby approved shall not be occupied until a noise assessment and report has been submitted to and approved in writing by the local planning authority. The report shall include a scheme for the sound insulation of the development including walls, roof, glazing and associated ventilation and provision for the protection of external amenity spaces as necessary. The scheme shall demonstrate compliance with the levels detailed in table 4 detailed in section 7.7.2 of BS8233:2014 Guidance on sound insulation and noise reduction for buildings. Any works which form part of the scheme shall be completed in accordance with the approved details before the dwellings are occupied.

           

            b) The ventilation system shall meet the minimum background ventilation requirements of the Building Regulations 2000 Approved Document F "Ventilation". The system should also take account of the Association of Noise Consultants, Acoustics Ventilation And Overheating Residential Design Guide Jan 2020 Version1.1

           

            Reason: To ensure that residents of the dwellings are afforded an acceptable level of amenity and  protected from noise and disturbance, in accordance with Paragraphs 130 (f), 174(e) and 185 (a) of the National Planning Policy Framework.

 

 7.        No development shall commence until a Construction Management Plan (or Construction Method Statement) has been submitted to and approved in writing by the Local Planning Authority, including elements of the CLOCS standards as set out in the Highway Authority's

            Construction Management template. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan:

           

            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;

k)    Phasing Plan.

           

            Reason: In the interests of highway safety, in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and Policy 51 of the Dacorum Local Plan (2004).

 

 8.        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:

           

            Schedule 2, Part 1, Class E

           

            Reason:  To enable the Local Planning Authority to preserve the openness of the Green Belt by preventing the unrestricted proliferation of residential outbuildings pursuant to paragraph 150 of the NPPF.

 

 9.        Prior to the construction of the sheds identified on drawing no. 1970/20/E, metrically scaled floor plans and elevations of the respective sheds shall be submitted to and approved in writing by the local planning authority.  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, CS12 and CS24 of the Dacorum Core Strategy (2013).

           

10.       Prior to first occupation of the dwellings hereby approved, the rear / side amenity areas shall be provided and laid out in accordance with drawing no. 1970/20E and thereafter permanently retained.

           

            Reason: In order to ensure that the dwellings have (and retain) retain sufficient amenity space, in accordance with Policy CS12 of the Dacorum Core Strategy and saved Appendix 3 of the Dacorum Local Plan.

           

 

11.       Notwithstanding the details shown on drawing no. 1970/20E, no construction above slab level 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 3 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).

 

12.       Notwithstanding details shown on approved plans, no development shall take place until full details of trees to be retained and measures for their protection during construction have been submitted to and approved in writing 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).

 

Informatives:

 

 1.        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.

 

 2.        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.

 

 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.        Contractors and sub-contractors must have regard to BS 5228-2:2009 "Code of Practice for Noise Control on Construction and Open Sites" and the Control of Pollution Act 1974.

           

            As a guideline, the following hours for noisy works and/or deliveries should be observed: Monday to Friday, 7.30am to 5:30pm, Saturday, 8am to 1pm, Sunday and bank holidays - no noisy work allowed.

           

            Where permission is sought for works to be carried out outside the hours stated, applications in writing must be made with at least seven days' notice to Environmental and Community Protection Team ecp@dacorum.gov.uk or The Forum, Marlowes, Hemel Hempstead, HP1 1DN.  Local residents that may be affected by the work shall also be notified in writing, after approval is received from the LPA or Environmental Health.

           

            Works audible at the site boundary outside these hours may result in the service of a Notice restricting the hours as above.  Breach of the notice may result in prosecution and an unlimited fine and/or six months imprisonment.

 

 5.        Dust from operations on the site should be minimised by spraying with water or by carrying out of other such works that may be necessary to supress 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.

 

 6.        Under no circumstances should waste produced from construction work be incinerated on site. This includes but is not limited to pallet stretch wrap, used bulk bags, building materials, product of demolition and so on. Suitable waste management should be in place to reduce, reuse, recover or recycle waste product on site, or dispose of appropriately.

 

 7.        Contaminated Land Informative 1:

           

            In the event that contamination is found at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority with all works temporarily suspended until a remediation method statement has been agreed. This is because the safe development and secure occupancy of the site lies with the developer.

           

            Contaminated Land Informative 2:

           

            Materials or conditions that may be encountered at the site and which could indicate the presence of contamination include, but are not limited to:

           

            Soils that are malodorous, for example a fuel odour or solvent-type odour, discoloured soils, soils containing man-made objects such as paint cans, oil/chemical drums, vehicle or machinery parts etc., or fragments of asbestos or potentially asbestos containing materials. If any other material is encountered that causes doubt, or which is significantly different from the expected ground conditions advice should be sought.