Agenda item

4/03072/15/MFA - BOURNE END MILLS, UPPER BOURNE END LANE, HEMEL HEMPSTEAD, HP1 2UJ

Minutes:

R Herbert introduced the report and explained to the committee that this was a hybrid application which meant it is both a full and outline planning application. The outline application relates to the residential proposal and the full planning application is for the demolition of existing buildings and redevelopment of the site.

This is a new proposal from the ones previously refused on this site and the applicant has engaged proactively to achieve a mutually acceptable scheme.

Hannah Smith (agent) and Michael Pritchard (Bourne End Residents Association) spoke in support of the application.

It was proposed by Councillor Birnie and seconded by Councillor Maddern to delegate to the Group Manager with a view to approve once the unilateral undertaking has been agreed.

Vote

For: 12             Against: 0                    Abstained: 0

Resolved

That planning permission be delegated to the Group Manager with a view to approve once the unilateral undertaking has been agreed subject to the following conditions:

1

The development hereby permitted shall be begun 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

Application(s) for approval of reserved matters (namely layout, appearance, scale and landscaping) shall be made no later than three years beginning with the date of this permission and the development shall be commenced not later than 2 years from the final approval of the reserved matters or, in the case of approval of the reserved matters on different dates, the final approval of the last such matter to be approved.

 

Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990 and to ensure that there will be no greater impact on the Green Belt

 

3

The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

Proposed Demolition and Party Wall Elevation (3860-36-A);

Existing and Proposed Site Sections (3860-33-A);

Proposed Site Layout Employment (3860-37-A);

External Finished to Employment (3860-39-A);

Units 1+2 Floorplans (3860-50-A);

Units 1+2 Elevations (3860-51-A);

Units 1+2 Sections (3860-52-A);

Units 1+2 Roof Plan (3860-53-B);

Units 3+4 Floorplans (3860-60-A);

Units 3+4 Elevations (3860-61-A);

Units 3+4 Sections (3860-62-A);

Units 3+4 Roof Plan (3860-63-B);

Unit 5 Floorplans (3860-70-A);

Unit 5 Elevations (3860-71-A);

Unit 5 Sections (3860-72-A); and

Unit 5 Roof Plan (3860-73-A).

Street Furniture (RF15-249 D01);

General Arrangement (RF15-249 L01D);

Planting Strategy (RF15-249 L02D);

Site Sections 1 of 2 (RF15-249 L04B);

Site Sections 2 of 2 (RF15-249 L05B); and

ITM10013-GA-032 Rev B

Phasing Plan 3860-07 C

Design and Access Statement

Transport Assessment

Employment Framework Travel Plan

Residential Framework Travel Plan

Bat Survey Badger and Nesting Bird Survey

Flood Risk Assessment and Drainage Strategy

Landscape Assessment

CS29 Checklist

CPLAN Sustainability Statement

CPLAN Energy Statement

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

 

4

The development hereby approved should be carried out in accordance with the approved phasing plan 3860-07 C unless varied with the prior written approval of the Local Planning Authority. The Phasing Plan defines the following Phases:

 

- Phase 1: site preparation and demolition 1

- Phase 2: construction of employment units

- Phase 3: site preparation and demolition 2

- Phase 4: construction of residential units

 

Reason:  To assist with the identification of each chargeable development (being the Phase) and the calculation of the amount of CIL payable in respect of each chargeable development in accordance with the Community Infrastructure Levy Regulations 2010 (as amended).       

 

5

No relevant Phase shall commence until a plan defining the extent and timing of that phase is first submitted and approved by the Local Planning Authority.

 

Reason: To assist with the identification of each chargeable development (being the Phase) and the calculation of the amount of CIL payable in respect of each chargeable development in accordance with the Community Infrastructure Levy Regulations 2010 (as amended).

 

6

No development shall take place until details of the materials to be used in the construction of the external surfaces of the employment units hereby permitted 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.

 

 

7

The employment scheme shall be constructed in accordance with those details set out within the approved Flood Risk Assessment (October 2015) namely:

 

·        Limiting the surface water run-off generated by the 1 in 100 year + climate change critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site;

·        Providing attenuation measures to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event;

·        Implementing those SuDS measures set out on illustrative drawing S1256-Ext-02F dated 03 July 2015;

·        The discharge of surface water Drainage into the deculverted Bourne Gutter.

 

The above measures should be fully implemented prior to occupation of the employment units.

 

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future users.

 

8

Construction of the residential units shall not commence until the following details are first provided and approved in writing with the Local Planning Authority in general accordance with the principles set out in the approved Flood Risk Assessment (October 2015):

 

·        Means by which to limit the surface water run-off generated by the 1 in 100 year + climate change critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site;

·        Attenuation measures to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event;

·        Appropriate SuDS measures in accordance with the principles set out on illustrative drawing S1256-Ext-02F dated 03 July 2015;

·        A drainage strategy based on attenuation and discharge into the Bourne Gutter and those principles set out in the Flood Risk Assessment.

 

The approved details should be fully implemented prior to occupation of the residential units.

 

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future users.

 

9

Prior to the commencement of any phase of the development hereby permitted details of how the proposed drainage scheme for that Phase is to be maintained and managed after completion shall be provided and agreed with the Local Planning Authority. The drainage scheme shall thereafter be maintained and managed fully in accordance with the approved details.

 

Reason:  To ensure that the site is subject to an acceptable drainage system serving the development in order to prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future users.  

 

10

The cladding to Unit 5 of the employment scheme hereby approved (as shown on Proposed Site Layout Employment (3860-37-A)) shall be of an acoustic performance of Rw 45 dB.

 

Reason: To prevent potential noise nuisance from the proposed employment units and causing noise nuisance to adjacent properties.  

 

11

A landscape management plan for each relevant phase of the development hereby approved, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved by the local planning authority prior to the occupation of any phase of the development for its permitted use.  The landscape management plan shall be carried out as approved.

 

Reason:  To ensure a satisfactory appearance to the development, to safeguard the visual character of the immediate are and to ensure the protection of wildlife and supporting habitat and secure opportunities for the enhancement of the nature conservation value of the site.

 

12

No relevant Phase shall be occupied until information on the number and position of fire hydrants relevant to that Phase are submitted to and approved in writing with the Local Planning Authority. The relevant details shall include information on how the hydrants will be incorporated into the mains water services whether by means of existing water services or new mains or extension to or diversion of existing services or apparatus. The scheme(s) shall be implemented prior to occupation of the relevant Phase.

 

Reason: In the interests of health and safety.

 

13

No relevant Phase of the development hereby approved shall be occupied until a scheme for the management of operational waste for that Phase has first been submitted to and agreed with the Local Planning Authority. The scheme(s) shall be implemented in accordance with the approved details.

 

Reason: to ensure the safe operation of the development.

 

14

No relevant Phase of the development hereby approved shall be occupied until details of the required highway improvement works relevant to that Phase, have been implemented in accordance with a scheme to be first approved in writing by the Local Planning Authority in consultation with the Highway Authority. These highway works referred to above include:

 

(i) the closing off of access into the site from Bourne End Lane;

(ii) the means of preventing vehicular access between Bourne End and Upper Bourne End Lane;

(iii) the provision of traffic calming measures along Upper Bourne End Lane.

 

Reason: In the interests of highway safety.

 

15

No relevant Phase of the development hereby approved shall be occupied until the visibility splays shown on drawing ref ITM10013 – GA – 032 Rev B that are relevant to that Phase are provided.

 

Reason:  In the interests of highway safety.

 

16

No relevant Phase of the development hereby permitted shall be occupied until details for the future management and maintenance of the proposed internal roads associated with that Phase are submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The internal roads shall thereafter be maintained in accordance with the approved management and maintenance details or until such time as an agreement has been entered into under Section 38 of the Highways Act 1980 or a Private Management and Maintenance Company has been established.

 

Reason: To ensure satisfactory development of the site and to ensure estate roads are managed and maintained thereafter to a suitable and safe standard.

 

17

No relevant Phase of the development hereby approved shall commence until a scheme of on-site parking for construction workers relevant to that Phase is submitted to and approved in writing by the Local Planning Authority. The scheme(s) shall be implemented throughout the construction period.

 

Reason: To ensure adequate off-street parking during construction in the interests of highway safety.

 

18

No relevant Phase of the development hereby permitted shall commence until a Construction Traffic Management Plan and Access Route relevant to that Phase (which shall incorporate adequate provision for addressing any abnormal wear and tear to the highway) is submitted to and approved in writing with the Local Planning Authority in consultation with Hertfordshire County Council Highway Authority together with proposals to control and manage construction traffic using the A41 and A4251.

 

Reason: In the interests of maintaining highway efficiency and safety.

 

19

No relevant Phase of the development hereby permitted shall commence until details of wheel cleaning facilities for construction vehicles relevant to that Phase are submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority.

 

Reason: To prevent extraneous material being deposited on the highway. 

 

 

20

No employment unit shall be occupied until a Full Travel Plan relevant to that unit is submitted and agreed in writing with the Local Planning Authority in consultation with the Highway Authority. Each relevant Travel Plan should be in general accordance it the Framework Travel Plan for the employment scheme hereby approved.

 

Reason: To ensure that the development offers a wide range of travel choices to reduce the impact of travel and transport on the environment.

 

21

No residential unit shall be occupied until a Full Travel Plan relating to the residential scheme is submitted and agreed in writing with the Local Planning Authority. The Travel Plan should be in general accordance with the Framework Travel Plan for the residential scheme hereby approved.

 

Reason: To ensure that the development offers a wide range of travel choices to reduce the impact of travel and transport on the environment.

 

22

Prior to the commencement of any phase of the development hereby permitted a Phase I Report to assess the actual or potential contamination at the site shall be 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:

 

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.

 

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.

           

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 the issue of contamination is adequately addressed and to ensure a satisfactory development.  

 

 

23

All remediation or protection measures identified in the Remediation Statement referred to in Condition 22 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 the issue of contamination is adequately addressed and to ensure a satisfactory development.  

 

Informative:

Paragraph 121 of the NPPF states that all site investigation information must be prepared by a competent person. This is defined in the framework as 'A person with a recognised relevant qualification, sufficient experience in dealing with the type(s) of pollution or land instability, and membership of a relevant professional organisation.'

 

Contaminated Land Planning Guidance can be obtained from Regulatory Services or via the Council's website www.dacorum.gov.uk 

 

 

24

Details of any floodlighting on the employment element of the development hereby permitted shall be submitted to and approved in writing by the local planning authority before the use hereby committed commences.  Development shall be carried out in accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area.

 

 

 

Supporting documents: