Agenda item

 

5c.       22/01040/ROC  Variation of Condition 2 (Approved plans) attached to planning permission 20/01754/MFA (Construction of 28 residential units with associated access, parking and landscaping)

Land off Tring Road, Wilstone

 

The Case Officer, Joan Reid presented the report on behalf of Robert Freeman and said that the application had been referred to the Committee due to the committee’s previous refusal of planning application 20/01754/MFA.

 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Peter to DELEGATED with a view to APPROVAL

Vote:

 

For:  8              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)

 

Condition(s) and Reason(s):

 

 1.        The development hereby permitted shall begin before the 25^th August 2023

           

            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:

           

            Plans

 

            P220 BS 01 (Bike Store)

P220 DG 01 (Detached Garage)

P220 LP 01 Revision B (Location Plan)

P220 SP 01 Revision R (Proposed Site Plan)

P220 SP 03 Revision D (Proposed Materials Plan)

P220 SP 04 Revision C (Proposed Parking Plan)

P220 T 553 01 Revision B (Elevations to Plots 8 to 11)

P220 T 553 02 Revision A (Floor Plans to Plots 8 to 11)

P220 T 754 851 01 Revision A (Elevations to Plots 6 and 7)

            P220 T 754 851 02 (Floor Plans to Plots 6 and 7)

            P220 T 851 01 Revision A (Elevations to Plots 12 to 14)

P220 T 851 02 (Floor Plans to Plots 12 to 14)

P220 T 851 03 Revision B (Elevation to Plots 17 and 18)

P220 T 851 04 (Floor Plans to Plots 17 and 18)

P220 T 953 02 Revision A (Elevations to Plots 19 and 20)

P220 T 953 03 Revision A (Floor Plans to Plots 19 and 20)

P220 T 974 01 Revision C (Elevations to Plots 2, 21 and 24)

P220 T 974 02 Revision B (Floor Plan to Plots 2, 21 and 24)

P220 T 974 03 Revision B (Elevation to Plot 15)

P220 T 974 04 Revision B (Elevation to Plot 16)

P220 T 974 5 Revision B (Elevation to Plot 25)

P220 T 974 06 Revision B (Floor Plan to Plots 16 and 25)

P220 T 974 07 Revision A (Floor Plan to Plot 15)

P220 T 1003.01 Revision B (Elevations to Plots 4 and 5)

P220 T 1003.02 Revision A (Floor Plans to Plots 4 and 5)

P220 T 1334 01 Revision B (Elevations to Plots 3)

P220 T 1334 02 Revision B (Floor Plans to Plots 3)

P220 T 1334 03 Revision A (Elevation to Plot 27)

P220 T 1334 04 Revision A (Floor Plan to Plot 27)

P220 T 1334 05 Revision * (Floor Plan to Plot 26)

P220 T 1334 06 Revision * (Elevations to Plot 26)

P220 T 1760 01 Revision B (Elevation to Plot 1)

P220 T 1760 02 Revision A (Floor Plan to Plot 1)

P220 T 1760 03 Revision B (Elevation to Plots 22 and 28)

P220 T 1760 04 Revision B (Elevation to Plot 23)

P220 T 1760 05 Revision B (Floor Plans for Plots 22, 23 and 28)

 

Documents

 

            Arboricultural Report (May 2020) by Sylva Consultancy

Flood Risk and Drainage Statement (June 2020) and Technical Note (October 2020) by Glanville

Heritage Assessment (May 2020) by Albion Archaeology

Preliminary Ecological Appraisal (June 2020) by Windrush Ecology Limited

Transport Statement (April 2020) by Glanville

 

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

 

3.         No development shall take place until 1:20 details of the new external joinery including glazing pattern, vertical and horizontal cross section details and finish. These drawings shall show the window set within the surround.  These shall have been 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 and CS12 of the Core Strategy.

 

4.         The development hereby approved, shall not be used, until the means of access, parking and circulation areas have been provided fully in accordance with drawings P220 SP 01 Revision R andP220 SP 04 Revision C

         

Reason: To ensure the provision and retention of adequate access and parking facilities for the site in accordance with Policies CS8 and CS12 of the Core Strategy.

 

5.         The development hereby permitted shall not be occupied until the offsite highway improvement works, footpath works and farm access works discharged under planning reference 21/04350/DRC shall be completed in accordance with the approved details.

 

Reason: In the interests of highways safety and in accordance with Policies CS8, CS12 and CS26 of the Core Strategy.

 

7.         Prior to the first occupation of the development hereby permitted visibility splays shall be provided in full accordance with the details indicated on the approved plan number 8180891/6101 B (included within the Transport Statement, dated April 2020). The splays shall thereafter be retained at all times and be kept 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).

 

8.         The development hereby approved shall be undertaken in accordance with the Construction Management Plan approved under planning reference 21/04531/DRC

 

Reason: In the interests of highways safety in accordance with Policies CS8 and CS12 of the Core Strategy.

 

9.         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:

 

-        means of enclosure, including the materials and/or hedging plants to be used for any enclosures, together with the location of any hedgehog gates;

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

-        finished levels and contours in relation to existing site levels, eaves and ridge heights of neighbouring properties;

-        any exterior lighting works and

-        the siting and design of any bird boxes, bat boxes and other habitat creation.

 

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 ensure the adequate landscaping of the site in accordance with Policies CS12, CS26 and CS29 of the Core Strategy.

 

10.       No development shall take place until the measures for the protection of trees have been provided in accordance with the Tree Protection Plan within the Arboricultural Report by Sylva Consulting dated May 2020 Ref 20058.  All protective measures shall remain in-situ and be free from the storage of construction material, plant and machinery for the duration of the construction period.

 

Reason: To ensure the adequate protection of trees and landscaping features in accordance with Policy CS12 and Saved Policy 99 of the Local Plan 1991-2011.

 

12.       The development hereby approved shall not be occupied until a plan for the management, maintenance and ecological improvement of the public open space and site boundaries has been submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be maintained, and improvements implemented fully in accordance with the approved details.

 

Reason: To ensure the satisfactory management of open space in the interests of visual amenity and biodiversity and in accordance with Policies CS12 and CS26 of the Core Strategy.

 

13.       Prior to the commencement of the development, a Risk Assessment and Method Statement shall be submitted and agreed by the Local Planning Authority which includes:

 

a) details of any proposed protective fencing to be erected to safeguard the waterway infrastructure and canal towpath boundary

 

b) a method of preventing pollution of the ditch and canal (if hydraulically linked) from overland flows or polluted groundwater and

 

c) an assessment of the risk to canal assets and if pilling methods are to be used the need for vibration monitoring to protect the canal and lock infrastructure during the course of construction.

 

All works shall be carried out in accordance with the approved details.

 

Reason: To comply with paragraph 170 of the National Planning Policy Framework as the ecological environment in this location is sensitive and should be protected from disturbance, dust, run off, waste etc entering the canal.

 

14.       Piling and other deep foundation designs using penetrative methods shall not be carried out other than with the written permission of the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

            Reason: To safeguard the structural integrity of the grade II canal bridge and to ensure that there is no pollution of the watercourse in accordance with Policies CS27 and CS31 of the Core Strategy

 

15.       The development, hereby approved, shall not be occupied until full details of the Electric Vehicle Charging Points including the type of charger, power supply and a scheme for the maintenance and management of charging points has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details prior to occupation and shall thereafter be retained.

 

Reason: In the interests of access and highways safety in accordance with Policies CS8 and CS12 of the Core Strategy and the Car Parking Standards SPD.

 

16.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 1995 (As Amended) or any revisions thereto there shall be no development falling within the following schedules to the specified units without the express planning permission of the local planning authority

 

Schedule 2 Part 1 Class A – All plots

Schedule 2 Part 1 Classes B and C - Plots 1, 2, 3, 15, 16, 19, 20, 24, 25, 26 and 27

Schedule 2 Part 2 Class A – All plots

 

Reason: In the interests of the visual amenity of the area and residential amenity in accordance with Policy CS10, CS11 and CS12 of the Core Strategy.

 

17.       The development, hereby approved, shall not be occupied until a footpath link to the Grand Union Canal has been provided in accordance with the details submitted under application 21/04350/DRC. The approved footpath shall be constructed in accordance with the approved details and retained thereafter.