Agenda item

Cllr Wyatt-Lowe declared an interest, as she is a County Councillor and was invited to a meeting where the proposal was describe in great detail. She confirmed that she did not take any part in the discussion and is coming to this meeting with an open mind.

 

Cllr Williams declared an interest as his daughter lives opposite this application so will not take part in the discussion or voting.

 

The Case Officer, Nigel Gibbs introduced the report to Members and said that the application had been referred to the Committee as this is a council planning application.

Nigel Gibbs informed the committee to the amended conditions set out in the addendum, as well as an additional condition relating to the management and maintenance of the drainage system.

Philip Stanley asked Councillors, that when voting to consider the added condition, drainage system.

 

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

Vote:

 

For:     9          Against:             0        Abstained: 0

 

Resolved: That planning permission be Delegate with a view to approval.

 

RECOMMENDATION

 

That planning permission be DELEGATED with a view to APPROVAL subject to the  advertisement of the application affecting Right of Way 31, the conditions as recommended below and completion of a S.106 agreement /Unilateral Undertaking to secure: Affordable Housing (all the units rented social housing); Biodiversity Net Gain/ Offsetting, off site provision and maintenance of public open space; open Space Provision; and financial contribution in respect of ecological mitigation for the Chiltern Beechwood Special Area of Conservation (SAC).

 

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.        No development (excluding ground investigations) shall take place until additional details of the materials to be used in the construction of the dwellings hereby permitted have been submitted to 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.

 

            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).

 3.        Notwithstanding Condition 2, other materials to be used for the development hereby permitted shall be carried out fully in accordance with the hard landscape details specified by the Landscape Plans 517.02 Rev C and 517.03A.  All the approved hard landscaping shall be provided before the occupation of any of the dwellings hereby permitted.  Thereafter all of the approved hard landscaping shall be retained at all times.

 

            Reason: To ensure satisfactory appearance to the development and to safeguard the visual character  and residential amenity of the locality of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

 4.        All the planting shown by Landscape Plans 517.02 Rev C and 517.03A shall be carried out fully in accordance with the approved details during the first planting season following the first occupation of any of the dwellings hereby permitted. 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 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 Core Strategy (2013).

 

 5.        Prior to the first occupation of any of the dwellings hereby permitted all the highway works, access road, on-site car parking and turning areas shall be constructed, laid out, demarcated, surfaced and drained in accordance with the approved plans and retained and made available thereafter for that specific use.  The turning area shall be suitable to service fire tenders and the provision of a 6m wide roadway.

 

            Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way, in accordance with saved Policies 51 and 54 of the Dacorum Borough Local Plan (2004), Policy CS8 of the Dacorum Borough Core Strategy (2013) and

            Paragraphs 110 and 112 of the National Planning Policy Framework (2021). The details are required prior to commencement to ensure that the construction of the development does not result in any risks to highway safety.

 

6.        Prior to the first occupation of the development hereby permitted the offsite highway improvement works referred to below shall be completed fully in accordance with the details approved in writing by the local planning authority:

Vehicle bellmouth access into the site from Laidon Square and any associated works and tactile paving and pedestrian dropped kerbs on either side of the proposed bellmouth access’.

 

            Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way, in accordance with saved Policies 51 and 54 of the Dacorum Borough Local Plan (2004), Policy CS8 of the Dacorum Borough Core Strategy (2013) and

            Paragraphs 110 and 112 of the National Planning Policy Framework (2021). The details are required prior to commencement to ensure that the construction of the development does not result in any risks to highway safety. In order to protect highway safety and the amenity of other users of the public highway and rights of way and to ensure construction of a satisfactory development and that the highway improvement works are designed to an appropriate standard in the interest of highway safety and amenity and in accordance with Policy 5, 13 and 21 of Hertfordshire's Local Transport Plan (adopted 2018). The details are required prior to commencement to ensure that the construction of the development does not result in any risks to highway safety.

 

7.         Within 6 months of the date of this decision a fire hydrant(s) shall 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: With reference to the submitted Fire Statement to ensure that the layout of the residential development is provided adequate fire fighting infrastructure in accordance with Policies CS9 and CS12 of the Dacorum Borough Core Strategy (2013) and in the

            interests of the safety of the occupants of the development in accordance with Paragraphs 112 (d) 130 (f) of the National Planning Policy Framework (2021).

 

 8.        Notwithstanding the submitted details, prior to the occupation of the development hereby permitted full details of the layout and siting of Electric Vehicle Charging Points and any associated infrastructure 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.

 

            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).

 

9.         Prior to the commencement of the development, a Landscape and Ecological Management Plan (LEMP) shall be prepared and submitted to the Local Planning Authority. The Management Plan shall specify how biodiversity measures are incorporated within the development on the application site. This shall include a full programme of future maintenance with Management and Monitoring Plans.

 

            Reason: In the interests of biodiversity in accordance with Policy CS26 of the Dacorum Borough Core Strategy (2013), Paragraph 174 (d) of the National Planning Policy Framework (2021), and the specialist advice of Hertfordshire Ecology.

 

10.       All the trees shown for retention and protection on the approved plans shall be protected during the whole period of excavation and construction in accordance with the submitted details. For the duration of the development, the tree protection measures shall be retained in place.

           

            Reason: In order to ensure that damage does not occur to the trees 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).

 

11.       The development hereby permitted shall be carried out fully in accordance with the submitted Energy Strategy Report specification of an All-Electric Scheme using Air Source Heat Pump (ASHP) for space heating and hot water:

           

·        Community heating to apartments using ambient loop with ASHP and individual Water Source Heat Pump (WSHP) within the dwellings,

·        Individual ASHP to the houses, and

·        Solar Photovoltaic (PV) array to the apartment blocks serving the landlords supply

           

            And the air source heat pumps provided to serve the residential units hereby permitted shall be installed fully in accordance with noise control measures submitted to and approved in writing before any of the residential units hereby permitted are occupied. Thereafter at all times the approved installed air source heat pumps shall be retained and maintained fully in accordance with the approved noise mitigation measures.

 

            Reason: To protect the residential amenities of the locality, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021). This is with reference to submitted Report Report 24339.PCR.01 from KP Acoustics.

 

12.       No development shall commence until a Construction Management Plan has been

            submitted to and approved in writing by the Local Planning Authority. Thereafter the

            construction of the development shall only be carried out in accordance with the approved Plan. The Construction Management Plan 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; and

            g. Timing of construction activities (including delivery times and removal of waste).

           

            Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way, in accordance with saved Policies 51 and 54 of the Dacorum Borough Local Plan (2004), Policy CS8 of the Dacorum Borough Core Strategy (2013) and

            Paragraphs 110 and 112 of the National Planning Policy Framework (2021). The details are required prior to commencement to ensure that the construction of the development does not result in any risks to highway safety.

           

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 within the residential curtilages of any of the dwellinghouses hereby permitted out without the prior written approval of the Local Planning Authority:

 

Schedule 2 Classes A and E

 

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 Paragraph 130 of the National Planning Policy Framework (2021).

 

14.       Notwithstanding the submitted details, the northern flank windows of Flat Blocks A (Unit 3 First Floor,Unit 5 Second Floor) ,B (Unit 3 First Floor,Unit 5 Second Floor) shall be at all times installed with high level windows/ obscure glazing fully in accordance with details submitted to and approved in writing by the local planning authority.

 

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 Paragraph 130 of the National Planning Policy Framework (2021).

             

15.       Should any ground contamination be encountered during the construction of the development hereby approved (including groundworks), works shall be temporarily suspended, unless otherwise agreed in writing by the Local Planning Authority, and a Contamination Remediation Scheme shall be submitted to (as soon as practically possible) and approved in writing by, the Local Planning Authority. The Contamination Remediation Scheme shall detail all measures required to render this contamination harmless and all approved measures shall subsequently be fully implemented prior to the first occupation of the development hereby approved.    

           

Should no ground contamination be encountered or suspected upon the completion of the groundworks, a statement to that effect shall be submitted in writing to the Local Planning Authority prior to the first occupation of the development hereby approved.

           

Reason: To ensure that the issue of contamination is adequately addressed to protect human health and the surrounding environment and to ensure a satisfactory development, in accordance with Policy CS32 of Dacorum Core Strategy (2013) and paragraphs 174 (e) & (f) and 183 and 184 of the NPPF 2021.  

           

16.       Before the occupation of any dwellings hereby permitted, details of all exterior lighting serving the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority.  The approved lighting shall be installed fully in accordance with the approved details prior to first occupation of the development and shall thereafter be retained and maintained fully in accordance with the approved details.

           

            Reason: In the interests of the environment, residential amenity, crime prevention and highway safety in accordance with Policies CS29 and CS32 of the Dacorum Borough Core Strategy (2013) , Policy 113 and Appendix 8 of the saved Dacorum Borough Local ( 2004) and Paragraph 130, 174 and 185 (c)] of the National Planning Policy Framework (2021).

 

17.       The development hereby permitted shall be carried out fully in accordance with the Flood Risk Assessment & Drainage Strategy Dacorum Borough Council  CE/2106740/DM/CD/30/03/2022 K200627/C7/0025 1st April 2022’.

 

Reason: To ensure that the site is subject to an acceptable drainage scheme at all times in accordance with Policies CS29 (d) and CS31 of Dacorum Core Strategy ( 2013) and Part 17 of the National Planning Policy Framework (2021)

 

 

18.       Within 3 years of the occupation of any of the dwellings hereby permitted, a scheme shall be submitted to the local planning authority confirming how the drainage scheme is operating, specifying any additional measures which are required to address any identified flooding / drainage issues at the development hereby permitted. The scheme shall include a programme / timetable for the carrying out of any of the necessary measures and a future management and maintenance plan for the development’s drainage scheme. The approved measures and management plan shall be carried out fully in accordance with the approved details.

 

Reason: To ensure that the site is subject to an acceptable drainage scheme at all times in accordance with Policies CS29 (d) and CS31 of Dacorum Core Strategy ( 2013) and Part 17 of the National Planning Policy Framework (2021)

 

19.       Subject the requirements of other conditions of this planning permission, the development hereby permitted shall be otherwise carried out fully in accordance with the following plans:

           

            PL 001, 050, 051, 100, 101, 102, 103, 110, 111, 112, 113, 120, 121, 122, 130, 140, 145, 200, 201, 210, 211,230, 231, 240, 241, 245, 300 and 301

            Landscape Plans  517.02 Rev C and 517.03A

            Reason: For the avoidance of doubt.

 

 

Informatives:

 

 1.        Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant at the pre-application stage and during the determination process which lead 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.        Construction Management Plan (CMP)

           

            The purpose of the CMP is to help developers minimise      construction impacts and relates to all construction activity both on and off site that impacts on the wider environment. It is intended to be a live document whereby different stages will be completed and submitted for application as the development progresses. A completed and signed CMP must address the way in which any impacts associated with the proposed works, and any cumulative

            impacts of other nearby construction sites will be mitigated and managed. The level of detail required in a CMP will depend on the scale and nature of development.

           

            The CMP would need to include elements of the Construction Logistics and Community Safety (CLOCS) standards as set out in our Construction Management template, a copy of which is available on the County Council's website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx

           

3.         Identifying Potentially Contaminated Material           

           

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   

 

The safe and secure occupancy of the site, in respect of land contamination, lies with the developer.      

 

 4.        Agreement with Highway Authority

           

            Extent of Highway: Information on obtaining the extent of public highway around the site can be obtained from the HCC website:

www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/extent-of-hi ghways.aspx 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       

 

           

            The applicant is advised that in order to comply with this permission it will be necessary for the developer of the site to enter into an agreement with Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and associated road improvements. The construction of such works must be undertaken to the satisfaction and specification of the Highway Authority, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx or by telephoning

            0300 1234047.

           

 

 5         Section 278 of the Highways Act 1980

           

            It will be necessary for the developer of the site to enter into an agreement with Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and associated road improvements. The

            construction of such works must be undertaken to the satisfaction and specification of the Highway nAuthority, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to

            obtain their permission and requirements. Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx or by telephoning 0300 1234047.

 

6.        Surfacing of emergency access route

Details of all information relating to the surfacing of the emergency access route that links the application site with the remaining part of the LA1 site to Laidon Square must also be designed to provide access for cyclists and pedestrians at all times. It is expected that Hertfordshire Highways and Hertfordshire Fire and Rescue review and approve through a future planning application for the remainder of the LA1 site.

 

 

 

Councillor Madden arrived at 19:45