Construction of a detached industrial building comprising 3 units
(each with flexible use within Use Classes E(g)(iii) / B8) with
associated car parking, landscaping and other associated works.
Binghams Park Farm Potten End Hill Water End Hemel Hempstead
Hertfordshire HP1 3BN
Councillor Douris declared an interest in item 5b and confirmed that he was coming to the meeting with an open mind.
Nigel Gibbs presented the report on behalf of the James Gardner, and said that the application had been referred to the Committee due to Contrary view of Great Gaddesden Parish Council.
Tony Martin spoke in objection to the application.
Benjamin Borthwick spoke in support of the application.
It was proposed by Councillor Anderson and seconded by Councillor Stevens to GRANT the application in line with officers recommendations, with an additional condition preventing external storage and an additional informative in respect of refuse collections.
For: 8 Against: 2 Abstained: 2
Resolved: That planning permission be GRANTED.
That planning permission be GRANTED subject to conditions.
Condition(s) and Reason(s):
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:
V21-161-SPL04_B Proposed Site Block Plan
V21-161-SP01_B Proposed Site Layout Plan
Reason: For the avoidance of doubt and in the interests of proper planning.
3. Notwithstanding the details shown on drawing no. V21-161-P01 (Rev. A), no development above slab level shall commence until details of a scheme to replace the precast concrete panels on the side elevations of the building with brick / brick cladding has been submitted to and approved in writing by the local planning authority. The scheme shall visually illustrate the extent of the brickwork and provide the specifications for the brick (i.e. manufacturer and type). Development shall be carried out in accordance with the approved details.
Reason: To ensure satisfactory appearance to the development and to safeguard the visual character of the Chilterns Area of Outstanding Natural Beauty, in accordance with Policies CS11, CS12 and CS24 of the Dacorum Core Strategy (2013) and Policy 97 of the Dacorum Local Plan (2004).
4. The building(s) hereby approved shall at no time be serviced by articulated vehicles.
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).
5. No development above slab level shall take place until details of fire hydrants or other measures to protect the development from fire have been submitted to and approved in writing by the local planning authority. Such details shall include provision of the mains water services for the development whether by means of existing water services, new mains, or extension to or diversion of existing services where the provision of fire hydrants is considered necessary. The proposed development shall not be occupied until such measures have been implemented in accordance with the approved details.
Reason: To ensure that sufficient strategic infrastructure is provided to support the development, and to ensure a safe and satisfactory means of access for the fire service, in accordance with Policies CS12 and CS35 of the Dacorum Core Strategy (2013).
6. No security lighting / floodlighting / artificial lighting shall be installed on the building(s) hereby approved until a lighting scheme has been submitted to and approved in writing by the local planning authority. The scheme shall include, but not be limited to, lux levels, cowls and other measures to avoid unnecessary light spillage.
The lighting shall thereafter be installed, operated and maintained in accordance with the approved particulars.
Reason: To avoid adverse impacts on the Chilterns AONB, the dark sky environment and the amenity of nearby residential uses, in accordance with Policies CS12 and CS24 of the Dacorum Core Strategy (2013) and Policies 97 and 113 of the Dacorum Local Plan (2004).
7. The development hereby approved shall only be used for purposes falling within Use Class B8 or E (g) (iii) of the Town and Country Planning (Use Classes) Order 1987 (as amended).
Reason: To ensure that the commercial units remain available for the purpose for which they were justified on Green Belt grounds, in accordance with paragraph 148 of the NPPF (2021).
8. The development hereby approved shall be carried out fully in accordance with the Arboricultural Impact Assessment, Method Statement and Tree Protection Plan prepared by Trevor Heaps Arboricultural Consultancy Ltd (dated 19th July 2022).
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).
9. Notwithstanding the details shown on drawing no. V21-161-SP01, prior to occupation of the development hereby approved, full details of the layout, siting and specification of Electric Vehicle Charging Points and any associated infrastructure (including passive charging provision) shall be submitted to and approved in writing by the local planning authority.
The development shall not be occupied until these measures have been provided in accordance with the approved details.
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).
10. The Class B8 / E (g) (iii) use hereby permitted shall not take place other than between the hours of:
(a) 07:30 - 18:00 Monday to Friday.
(b) 08:00 - 17:00 on Saturdays.
(c) 08:00 - 13:00 on Sundays.
Reason: To protect the
residential amenities of the locality in accordance with
Policy CS12 of the Dacorum Borough Core Strategy (2013) and
Paragraph 130 (f) of the National Planning Policy Framework
Additional Condition 11. There shall be no external storage associated with the development hereby permitted at any time.
Reason: In the interest of the visual amenity and openness of the Green Belt in accordance with to Policy CS5 of the Dacorum Borough Core Strategy (2013) and Paragraph 149 of the National Planning Policy Framework (2021).
1. Contaminated Land Informative 1:
In the event that ground contamination is suspected or encountered 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.
2. Highway Informatives
HCC as Highway Authority recommends inclusion of the following Advisory Note (AN) / highway informative to ensure that any works within the highway are carried out in accordance with the provisions of the Highway Act 1980:
AN 1) Storage of materials: 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. Further information is available via the County Council website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.
AN 2) Obstruction of highway: 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. Further information is available via the County Council website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.
AN 3) Debris and deposits on the highway: It is an offence under section 148 of the Highways Act 1980 to deposit compost, dung or other material for dressing land, or any rubbish on a made up carriageway, or any or other debris on a highway to the interruption of any highway user. 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 and use thereafter are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available by telephoning 0300 1234047.
3. Water quality
You should be aware that the proposed development site is located within an Environment Agency defined groundwater Source Protection Zone (SPZ) corresponding to our Pumping Station (PICC). This is a public water supply, comprising a number of abstraction boreholes, operated by Affinity Water Ltd.
The construction works and operation of the proposed development site should be done in accordance with the relevant British Standards and Best Management Practices, thereby significantly reducing the groundwater pollution risk. It should be noted that the construction works may exacerbate any existing pollution. If any pollution is found at the site then the appropriate monitoring and remediation methods will need to be undertaken.
Any works involving excavations below the chalk groundwater table (for example, piling or the implementation of a geothermal open/closed loop system) should be avoided. If these are necessary, a ground investigation should first be carried out to identify appropriate techniques and to avoid displacing any shallow contamination to a greater depth, which could impact the chalk aquifer.
For further information we refer you to CIRIA Publication C532 "Control of water pollution from construction - guidance for consultants and contractors".
Being within a water stressed area, we expect that the development includes water efficient fixtures and fittings. Measures such as rainwater harvesting and grey water recycling help the environment by reducing pressure for abstractions. They also minimise potable water use by reducing the amount of potable water used for washing, cleaning and watering gardens. This in turn reduces the carbon emissions associated with treating this water to a standard suitable for drinking and will help in our efforts to get emissions down in the borough.
Infrastructure connections and diversions
There are potentially water mains running through or near to part of proposed development site. If the development goes ahead as proposed, the applicant/developer will need to get in contact with our Developer Services Team to discuss asset protection or diversionary measures. This can be done through the My Developments Portal (https://affinitywater.custhelp.com/) or firstname.lastname@example.org.
To apply for a new or upgraded connection, please contact our Developer Services Team by going through their My Developments Portal (https://affinitywater.custhelp.com/) or email@example.com. The Team also handle C3 and C4 requests to cost potential water mains diversions. If a water mains plan is required, this can also be obtained by emailing firstname.lastname@example.org. Please note that charges may apply.
Additional Informative 4: Refuse Collection
Prior to the first use of the development hereby permitted the applicant is advised to contact the Council’s Clean, Safe and Green team at email@example.com or on 01442 228025, or an alternative commercial waste collector, to ensure that adequate measures are in place to ensure the safe and practical collection of waste from the site.