Agenda item

 

22/01245/MFA  Demolition of Existing Kennels and the Construction of Two

Dwellings with New Access. Retention of Existing Staff Accommodation and its Use as a Market Dwelling (Amended Scheme)

 

Hazel Corner Dog Hotel, Windmill Road, Markyate

 

Councillor Douris declared a personal interest in item 5e. He came to the meeting with and open mind.

 

Briony Curtain introduced the report to Members on behalf of the Case Officer, Robert Freeman, and said that the application had been referred to the Committee due to the contrary recommendation of the Parish Council.

 

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

 

Vote:

 

For:  10                       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 (CBSAC) through financial contributions secured by legal agreement and to the conditions below:

 

Conditions:

 

 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:

 

473-198- A (Location Plan)

473-300-C (Proposed Block Plan)

473-301-A (Proposed Layout)

473-302-C (Plot A)

473-303-D (Plot B)

473-304-B (Street Scene)

3912 SK01 (Swept Paths)

3912 SK02 (Swept Paths)

P0659/13/G (Staff Accommodation)

201040-P-10 (Tree Survey)

201040-PD-10 (Tree Schedule)

1674 SK01 dated 06/05/2021 (Visibility Splay)

Planning Statement by DLA Town Planning dated April 2022 reference 22/192

 

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

 

3.         No development of the superstructure shall commence until samples of the materials to be used on the external surfaces have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

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 dwellings, hereby approved shall not be occupied until details of hard and soft landscaping shall have been submitted to and approved in writing by the local planning authority. These details shall include:

 

- all external hard surfaces within the site,

- all means of enclosure to the site

- soft landscaping works including a planting scheme with the number, size, species and position of trees, plants and shrubs and

- minor artefacts and structures.

 

All planting shall be completed within one planting season of the completing of 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

 

6.         All existing structures shown for demolition in plan ref: 473-300C shall be demolished, including their footings/foundations and associated hardstanding around the structures, and the materials removed from the site prior to the first occupation of the development hereby permitted. The area occupied by these buildings shall be laid as lawn prior to the occupation of the dwellings hereby approved.

 

Reason:  To safeguard and maintain the openness of the Green Belt in accordance with Policy CS5 of the Core Strategy (2013) and the National Planning Policy Framework

 

7.         Prior to the first use of the development hereby permitted the vehicular access shall be provided and thereafter retained at the position shown on the approved plan drawing number 473-300-C in accordance with HCC Highways Design Guide. Prior to the first use of the development hereby permitted arrangement shall be made for surface water to be intercepted and disposed of separately so that it does not discharge onto the highway carriageway.

 

Reason: To ensure satisfactory access into the site and avoid the carriage of extraneous material or surface water onto the highway in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018) and Policies CS8 and CS12 of the Core Strategy and the Car Parking Standards SPD (2020)

 

8.         Prior to the first use of the development hereby permitted a visibility splay shall be provided in full accordance with the details indicated on the approved plan number 1674 SK01 dated 06/05/2021. The splay shall thereafter be maintained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

 

Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018), Policies CS8 and CS12 of the Core Strategy and the Car Parking Standards SPD (2020)

 

9.         Prior to the commencement of development a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The plan should consider all phases (excluding demolition) of the development.  The construction of the development shall only be carried out in accordance with the approved Construction Management Plan which shall include details of:

 

            - construction vehicle numbers, type and routing;

            -     traffic management requirements;

-        construction and storage compounds (including areas designated for car parking);

-        siting and details of wheel washing facilities;

-        cleaning of site entrances, site tracks and the adjacent public highway;

-        timing of construction activities (to avoid school pick up/drop off times);

-        provision of sufficient on-site parking prior to commencement of construction activities;

-        post construction restoration/reinstatement of the working areas and temporary access to the public highway;

-        construction or demolition hours of operation; and

-        dust and noise control measures.

 

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 51 and 54 of the Dacorum Borough Local Plan (2004), Policy CS8 of the Dacorum Borough Core Strategy (2013) and the National Planning Policy Framework

 

10.       No development, shall take place until a Phase I Report to assess the actual or potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority.  If actual or potential contamination and/or ground gas risks are identified, further investigation shall be carried out and a Phase II report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  If the Phase II report establishes that remediation or protection measures are necessary, a Remediation Statement shall be submitted to and approved in writing by the Local Planning Authority.

 

For the purposes of this condition:

 

(i)         A Phase I Report consists of a desk study, site walkover, conceptual model and a preliminary risk assessment.  The desk study comprises a search of available information and historical maps which can be used to identify the likelihood of contamination.  A simple walkover survey of the site is conducted to identify pollution linkages not obvious from desk studies.  Using the information gathered, a 'conceptual model' of the site is constructed and a preliminary risk assessment is carried out.

 

(ii)         A Phase II Report consists of an intrusive site investigation and risk assessment. The report should make recommendations for further investigation and assessment where required.

 

(iii)      A Remediation Statement details actions to be carried out and timescales so that contamination no longer presents a risk to site users, property, the environment or ecological systems.

 

Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Policy CS32 of the Dacorum Borough Core Strategy (2013) and the National Planning Policy Framework

 

11.       All remediation or protection measures identified in the Remediation Statement referred to in Condition 10 above shall be fully implemented within the timescales and by the deadlines as set out in the Remediation Statement and a Site Completion Report shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any part of the development hereby permitted.

 

For the purposes of this condition: a Site Completion Report shall record all the investigation and remedial or protection actions carried out. It shall detail all conclusions and actions taken at each stage of the works including validation work.  It shall contain quality assurance and validation results providing evidence that the site has been remediated to a standard suitable for the approved use.

 

Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Policy CS32 of the Dacorum Borough Core Strategy (2013) and the National Planning Policy Framework

 

12        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.  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).

 

13        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 Classes A, B, C and E

Schedule 2 Part 2 Class A

 

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 Policy CS12 of the Dacorum Borough Core Strategy (2013) and the National Planning Policy Framework

 

INFORMATIVE

 

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. 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.

 

Contamination

Guidance on how to assess and manage the risks from land contamination can be found here

 

https://www.gov.uk/government/publications/land-contamination-risk-management-lcrm