Agenda item

21/03549/MFA  Demolition of existing building and construction of new building to accommodate 28 residential units.

 

1A Frogmore Road Industrial Estate, Frogmore Road, Hemel

Hempstead, Hertfordshire, HP3 9RW

 

Councillor Peter declared an interest in item 5a as it was called in by himself as he is the Ward Councillor for that area. He confirmed he was coming with an open mind to the application.

 

The Case Officer, Colin Lecart introduced the report to Members and said that the application had been referred to the Committee as the application was called in by the Ward Councillor.

 

It was proposed by Councillor Beauchamp and seconded by Councillor Hobson to delegate with a view to approval.

 

Vote:

 

For:      7         Against: 2                    Abstained: 2

 

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

 

RECOMMENDATION

That planning permission be DELEGATED with a view to APPROVAL subject to an appropriate assessment in accordance with article 6(3) of the Habitats Directive and inter alia, securing a mitigation package to avoid any further significant effects on the Chiltern Beechwoods Special Area of Conservation (SAC) through financial contributions secured by legal agreement.

 

32.2 In addition to this, the recommendation is that planning permission be DELEGATED with a view to APPROVAL subject to Section 106 negotiations and the relevant agreement being signed for financial contributions for Canal Towpath maintenance, upgrade works to Durrants Hill Road Park, and offsite affordable housing provision, as well as satisfactory drainage comments being received with any associated conditions tied to this.

 

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.

 

            1399-SAP-V1-XX-DR-A-30002-S0-02

            1399-SAP-V1-00-DR-A-10110-S0-06

            1399-SAP-V1-01-DR-A-10111-S0-04

            1399-SAP-V1-02-DR-A-10112-S0-03

            1399-SAP-V1-03-DR-A-10113-S0-03

            1399-SAP-V1-04-DR-A-10114-S0-02

            1399-SAP-V1-05-DR-A-10115-S0-01

            1399-SAP-V1-XX-DR-A-30001-S0-05

            1399-SAP-V1-XX-DR-A-30310-S0-05

            1399-SAP-V1-XX-DR-A-30311-S0-06

            1399-SAP-V1-XX-00-DR-A-10101-S0-07

            1399-SAP-V1-XX-DR-A-20210-S0-02

 

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

 

 3.        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.

           

            These details shall include external brickwork, mortar colour and detail, window details finishes and setbacks, roof materials, rain water goods and metalwork (balcony railings).

           

            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).

 

 4.        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:

           

            - 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;

            - retention of the hedge to the towpath boundary

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

            - location and type of bird boxes to be incorporated into the development, as well as measures for hedgehogs

            - details of privacy screening for the roof terrace areas (pleached screening) and for the private terraces serving units 4, 5 (the 4m² terrace), 13 (the 4m² terrace) and 18.

           

            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).

 

 5.        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.

                       

 6.        Any contamination, other than that reported by virtue of Condition 5 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.

 

 7.        Prior to the first occupation of the development hereby permitted any access gate or other means of obstruction shall be installed to open inwards, set back, and thereafter retained (in perpetuity) at a minimum distance of 6m (5.5m if inward opening) 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 CS12 of the Dacorum Core Strategy (2013) and Saved Policy 54 of the Dacorum Local Plan (2004).

           

 8.        Prior to the first occupation of the development hereby permitted the proposed access arrangements/onsite car and cycle parking and servicing shall be implemented in accordance with the approved drawing number DR-A-10101-SO-05 and retained thereafter available for that specific use.

           

            Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and Saved Policy 54 of the Dacorum Local Plan (2004)

 

 9.        No development shall commence until a Construction Environmental Management Plan 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. The document should also include details of pollution prevention methods during construction. 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; and

            k. Phasing Plan.

            l. how potential contamination of the waterway and ground water from wind blow, seepage or spillage at the site should be avoided and details of pollution prevention measures should be provided.

           

            Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way in accordance with Policies CS12 of the Dacorum Core Strategy (2013) and Save Policy 54 of the Dacorum Local Plan (2004)

 

10.       The parking spaces hereby permitted shall be unallocated and be retained as such in perpetuity.

           

            Reason:  To ensure the number of parking spaces provided complies with the provision requirements of the Parking Standards Supplementary Planning Document (2020).

 

11.       No development shall take place until a Demolition and Construction Method Statement detailing all proposed earthmoving, and construction works (including foundation details),and construction and future maintenance/management of the access onto the towpath have first been submitted to and agreed in writing by the Local Planning Authority. These details shall also include an assessment of the retaining wall to the site boundary with the Grand Union canal (including its depth and foundations) and any necessary mitigation measures or remedial works that may be required and a timetable for their completion.

           

            The development shall thereafter only be carried out in accordance with the agreed Method Statement and the mitigation measures

            identified therein.

           

            Reason: In the interests of minimising the risk of any adverse impacts upon the structural integrity of the adjacent Grand Union canal in accordance with Policy 106 of the Dacorum Local Plan (2004) and Paragraphs 174 & 183-184 of the National Planning Policy Framework (2021)

 

12.       No development (excluding demolition/ground investigations) shall take place until details of any floodlighting, security lighting or other external means of lighting the site shall be submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details prior to first occupation of the development.

           

            Reason:  To ensure that the lighting is designed to minimise problems of glare, protect residential amenity, to minimise impacts on biodiversity and avoid unnecessary light pollution in accordance with Policies CS12 and CS26 of the Dacorum Borough Core Strategy (2013) and Saved Policy 106 of the Dacorum Local Plan (2004)

 

13.       No construction of the superstructure shall take place until details of proposed sustainability measures within the development shall be submitted to and agreed in writing by the Local Planning Authority. These details shall build upon the information within the submitted Sustainability Checklist and Design and Access Statement to show how the energy consumption of the development will be reduced. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

           

            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).

 

14.       No demolition or groundworks shall take place until details of measures to recycle and reduce demolition and construction waste that may otherwise go to landfill, shall have been submitted to and approved in writing by the Local planning authority.  The measures shall be implemented in accordance with the approved details.

           

            Reason:  To accord with the relevant waste planning policies, such as Policy CS29 of the Dacorum Borough Core Strategy (2013) and Paragraph 8 (c) of the National Planning Policy Framework (2021).

 

15.       The Development shall be carried out in accordance with the submitted flood compensation scheme referenced in plan 6801770-SK01 detailing the following mitigation measure:

           

            - Compensation storage shall be provided through the lowering of external levels to the bin storage area levels and the relocation of the ramp to ensure no net loss of floodplain storage as a result of the proposed development.

           

            This mitigation measure shall be fully implemented prior to occupation and subsequently in accordance with the scheme's timing/phasing arrangements. The measure detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

           

            Reason: To reduce the risk of flooding to the proposed development and future occupants and to prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided in accordance with Paragraph 167 of the NPPF (2021) and Policy CS31 of the Dacorum Core Strategy (2013).

 

16.       No development (excluding demolition/ground investigations) shall take place until a scheme to ensure the maintenance of the under croft parking 'void' has been submitted to, and approved in writing by the Local Planning Authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme's timing/phasing arrangements, or within any other period as may subsequently be agreed, in writing by the Local Planning Authority.

           

            Reason: To ensure the space is kept clear of debris to reduce the risk of flooding to the proposed development and future occupants in accordance with Paragraph 167 of the NPPF (2021) and Policy CS31 of the Dacorum Core Strategy (2013).

 

17.       The following windows on the development  hereby permitted shall be permanently fitted with obscured glass unless otherwise agreed in writing by the Local Planning Authority:

           

            The south eastern facing windows serving units 03 and 11.

           

            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).

 

18.       The following windows on the development hereby permitted shall be non-opening and permanently fitted with obscured glass unless otherwise agreed in writing by the Local Planning Authority:

           

            The south eastern facing windows serving unit 06.

           

            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).

 

19.       The roof terrace are at first floor level, as indicated on plan 1399-SAP-V1-01-DR-A-10111-SO-REV4,  shall not be used as a balcony, roof garden or similar amenity area without the grant of further specific permission from the Local Planning Authority. No chairs, benches, tables or other furniture shall be placed within this area at any time. This area shall be only used as a walkway between the canal towpath and the development, as well as escape in the event of an emergency.

           

            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).

 

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.        The applicant/developer is advised that there are fibre optic cables within the vicinity of the site along the towpath and necessary measures should be taken to ensure that these are not adversely affected during development. The Canals and Rivers Trust offer no right of support to the adjacent property. The land owner should take appropriate steps to ensure that their works do not adversely affect the canal infrastructure at this location. The applicant/developer is advised to contact the Works Engineering Team on 0303 040 4040 in order to ensure that any necessary consents are obtained and that all the proposed works comply with the Canal & River Trust "Code of Practice for Works affecting the Canal & River Trust."

           

 3.        The applicant is advised that licences and commercial agreement would be required for any access to the towpath or the erection of fencing, barriers, foundations, landscaping, balconies etc. on or encroaching onto the Canal & River Trusts' property. The applicant/developer is advised to contact Bernadette McNicholas of the Canal & River Trust's Estates Team on 07920 495745 or

            Bernadette.mcnicholas@canalrivertrust.org.uk to discuss any necessary licences or commercial agreements and to ensure that are obtained prior to any works being carried out on Trust owned land. For us to monitor effectively our role as a statutory consultee, please send me a copy of the decision notice and the requirements of any planning obligation.

 

 4.        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.

 

 5.        Precautionary measures relating to lighting, nesting birds and hedgehogs are suggested in the submitted Preliminary Ecological Assessment and Bat Survey (4 Acre Ecology Limited) should be followed.

 

 6.        Extent of Highway: Information on obtaining the extent of public highway around the site can be acquired from the County Council's website at: www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-yourroad/extent-of-highways.aspx

 

 7.        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.

 

 7.        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.

 

 8.        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.