Agenda item

21/01018/MFA Construction of a Class E limited assortment discount foodstore with associated car parking, access, landscaping and engineering works - Land North of Jarman Centre, Jarman Way, Hemel Hempstead, Hertfordshire

Meeting of Development Management, Thursday, 17th November, 2022 7.00 pm (Item 4a)

Minutes:

The order of applications were changed to allow for anyone wanting to speak on an application to be heard. Items were heard in the following order.

Item 6

Councillor Riddick left the meeting after item 5c.

The Case Officer, Martin Stickley, introduced the report to Members and said that the application had been referred to the Committee as it’s a major planning application with requirement for a legal agreement.

Martin informed the committee of the following late items.

• Response from Drainage Consultant:

We would recommend a stance of No Objection based on the additional information provided because the applicant has demonstrated, in accordance with the LLFA’s initial comments, that a more significant storm event can be accommodated on site with localised and contained surface water flooding to the dock/loading bay area. However, we have recommended a condition on a minor point of demonstrating that the 9m3 flooding can be contained within the car parking area. Applicant appears to have made best use of existing land and topography for attenuation measures despite the operational impacts of periodic flooding of the dock/loading bay to make sure that greenfield discharge remains achievable.

• Additional Drainage Condition

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20. Prior to work proceeding above slab level (must be discharged before works proceed above ground level at which slabs would be placed), a flood map shall be provided to the local planning authority confirming that all surface water (for the 1 in 200 year +40% climate change storm event and 1 in 1000 year +40% climate change storm event) can be contained on site, including areas within the main car parking area. The Applicant will need to demonstrate that any flooding within the car parking area cannot flow from the development.

The development shall be carried out in accordance with the approved details.

Reason: To ensure that the site can adequately mitigate the risk of flooding in accordance with Policies CS31 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 169 of the National Planning Policy Framework (2021).

• Additional Retail Condition

19. Notwithstanding the details submitted, the retail unit hereby approved shall trade as a single retail unit and shall not be subdivided into separate smaller units.

Reason: To limit the impact of the development on the vitality and viability of Hemel Hempstead town centre, and other centres nearby, in accordance with Policy CS16 of the Dacorum Core Strategy 2013 and for the avoidance of doubt.

• Update to Sustainability Condition

14. The development hereby permitted shall be carried out in accordance with the submitted and approved Energy Usage and Sustainability Statement (Issue 3, dated 5^th November 2022). The passive and active design strategies, as summarised in Section 14, shall be provided, in addition to the Alternative Low or Zero Carbon technologies.

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).

The Chair asked Members whether they had read the addendum and they confirmed they had.

It was proposed by Councillor Beauchamp and seconded by Councillor Anderson to DELEGATED with a view to APPROVAL in line with officers recommendations.

Vote:

For: 9 Against: 0 Abstained: 0

Resolved: That planning permission be DELEGATED with a view to APPROVAL.

That planning permission be delegated with a view to approval subject to the completion of the Section 106 Agreement, which relates to the travel plan evaluation and support fee, and the conditions listed below.

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 Class E floorspace hereby permitted shall have a maximum gross floor area of 2,488sq.m. The net sales area of the Class E floorspace shall not exceed 1,652sq.m. The use shall be restricted to the sale of convenience goods (no more than 1,320 sq.m) and the sale of comparison goods (no more than 332 sq.m).

3. Customers shall not be permitted on the premises other than within the following times:

07:00 - 23:00 Mondays to Saturdays; and

10:00 - 17:00 on Sundays and Bank Holidays.

Reason: To protect the residential amenities of the locality, having regard to Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

4. A Landscape and Ecological Management Plan (LEMP) including long term design objectives, management responsibilities and maintenance schedules for all landscape areas shall be submitted to and approved by the local planning authority prior to the construction of the superstructure. The LEMP shall also describe how it is planned to incorporate biodiversity as part of the development and achieve overall net gains for biodiversity.

The LEMP should refer to the recommendations in Sections 5.14 (badgers), 5.19 and 5.22 (bats and lighting) and 5.33 (hedgehogs) of the Ecological Appraisal by FPCR (August 2021). The LEMP should also include the ecological enhancements set out in Sections 5.20, 5.21, 5.28, 5.34, 5.35 and 5.36 of the Appraisal, which relate to bat and bird boxes, other habitat features, replacement tree planting and the use of species to benefit to wildlife.

The approved plan shall be implemented in accordance with the approved details. Any 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 three 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 ensure that the development contributes to and enhances the natural environment in accordance with Policy CS26 of the Dacorum Borough Core Strategy (2013) and Paragraph 174 (d) of the National Planning Policy Framework (2021). These details are required prior to commencement to ensure that an overall on-site net gain for biodiversity can be achieved before construction works begin. The LEMP should include details of when the biodiversity enhancements will be introduced and this may be reliant on the construction process/timings.

5. The proposed tree works shall be carried out in accordance with the approved Arboricultural Impact Assessment by the RPS Group (January 2021) and Tree Protection Plan (Drawing 710). The tree protection fencing shall be erected during the pre-development period and remain in-situ throughout the course of development until completion of all building works. The suggested Construction Exclusion Zones shall be used to protect trees and any landscaping works within the root protection areas must be carried out by hand in the final stages of development to minimise the risk of damaging trees. All work shall be carried out in accordance with B.S.3998:2010 "Tree Work Recommendations".

Reason: To ensure that the loss of the tree is mitigated by a replacement 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).

6. Prior to the commencement of any below ground construction works including the erection of any foundations a Construction Management Plan shall be submitted to and approved in writing by the local planning authority. The plan should consider all phases (including any relevant 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:

1. Demolition, construction and phasing programme;

2. Contractors access arrangements for vehicles, plant and personnel including the location of construction traffic routes to, from and within the site, details of their signing, monitoring and enforcement measures;

3. Prior notice and agreement procedures for works outside agreed limits and hours (construction/demolition hours shall be carried out between 07:00 hours to 18:00 hours Monday to Friday, and 08:00 hours to 13:00 hours on Saturday and at no time on Sundays, Bank or Public Holidays, unless in accordance with agreed emergency procedures for deviation);

4. Delivery times for construction/demolition purposes, which shall be carried out between 07:00 to 18:00 hours Monday to Friday, 08:00 to 13:00 hours on Saturdays and at no time on Sundays, bank or public holidays, unless otherwise agreed in writing by the local planning authority in advance;

5. Soil management strategy;

6. Noise method, monitoring and recording statements in accordance with the provisions of BS 5228-1: 2009+A12014;

7. Maximum noise mitigation levels for construction equipment, plant and vehicles;

8. Vibration method, monitoring and recording statements in accordance with the provisions of BS 5228-2: 2009;

9. Maximum vibration levels;

10. Dust management (including wheel washing measures) in accordance with the provisions of Air Quality Management, Guidance on the assessment of dust from demolition and construction (2014);

11. Prohibition of the burning of waste on site during demolition/construction;

12. Site lighting;

13. Screening and hoarding details;

14. Access and protection arrangements around the site for pedestrians, cyclists and other road users;

15. Procedures for interference with public highways, including permanent and temporary realignment, diversions and road closures;

16. External safety and information signing and notices;

17. Prior notice and agreement procedures for works outside agreed limits;

18. Complaints procedures, including complaints response procedures; and

19. Membership of the Considerate Contractors Scheme.

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).

7. Before any mechanical services plant including heating, ventilation and refrigeration to which the application refers is used at the premises, a scheme shall be submitted to and approved in writing by the local planning authority which demonstrates that the latest British Standard 4142 (noise design) requirements can be complied with.

Calculated noise levels shall be determined at the boundary of the nearest ground floor noise sensitive premises or 1 meter form the facade of the nearest first floor (or higher) noise sensitive premises. An alternative position for assessment/measurement may be used to allow ease of access, which must be shown on a map (if needed) and noise propagation calculations detailed to show how the design criteria is achieved.

The proposals shall thereafter be retained in accordance with the approved scheme.

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).

8. (a) No development approved by this permission shall be commenced until a Site Investigation (Phase II environmental risk assessment) report has been submitted to and approved by the local planning authority which includes:

(i) A full identification of the location and concentration of all pollutants on this site and the presence of relevant receptors, and;

(ii) The results from the application of an appropriate risk assessment methodology.

(b) No development approved by this permission (other than that necessary for the discharge of this condition) shall be commenced until a Remediation Method Statement report; if required as a result of (a), above; has been submitted to and approved by the Local Planning Authority.

(i) All works which form part of the Remediation Method Statement report pursuant to the discharge of condition (b) above have been fully completed and if required a formal agreement is submitted that commits to ongoing monitoring and/or maintenance of the remediation scheme.

(ii) A Remediation Verification Report confirming that the site is suitable for use has been submitted to, and agreed by, the local planning authority.

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 Paragraphs 183 and 185 of the National Planning Policy Framework (2021).

9. Any contamination, other than that reported by virtue of Condition 8 encountered during the development of this site shall be brought to the attention of the local planning authority as soon as practically possible; a scheme to render this contamination harmless shall be submitted to and agreed by, the local planning authority and subsequently fully implemented prior to the occupation of this site. Works shall be temporarily suspended, unless otherwise agreed in writing during this process because the safe development and secure occupancy of the site lies with the developer.

10. Prior to the commencement of any below ground construction works, including the erection of any foundations, a scheme showing tactile paving on the footways either side of the existing bellmouth access into the site from Jarman Way shall be submitted to and approved in writing by the local planning authority. The proposals shall then be implemented in accordance with the approved scheme and thereafter retained for the lifetime of the development.

11. Prior to the first use of the development hereby permitted the proposed on-site car and cycle parking and turning areas shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plans and retained thereafter available for that specific use.

12. Prior to first use of the development hereby approved, details of the 'Rapid' and 'Fast' Electric Vehicle Charging Points as illustrated on drawing PL-03 (Revision R) shall be submitted to the local planning authority and approved in writing. The Electric Vehicle Charging Points and associated infrastructure shall then be provided in accordance with the agreed specifications and provided (both active and passive provision) in accordance with drawing PL-03 (Revision R). The Electric Vehicle Charging points and associated infrastructure shall thereafter be retained 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).

13. The landscaping works shown on the Detailed Planting Plan (9508-L-01) shall be carried out within one planting season of completing the development.

Any tree, shrub or plant which forms part of the approved planting scheme which within a period of five 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 Borough Council Core Strategy (2013).

15. Prior to the first use of the development hereby permitted, a Foul Water Drainage Strategy shall be provided to the local planning authority confirming whether there is sufficient capacity within the existing sewer network to accommodate for the increased flows. The strategy shall include a phasing plan to enable Thames Water to carry out any required upgrades (if needed) within an agreed timeframe to accommodate the development. Specifically, the phasing plan shall include:

Details on timescales for the development and when it will be occupied;

The point(s) of connection for water supplies; and

The point(s) where wastewater will be discharged and whether flows will be gravity or pumped.

The development shall be carried out in accordance with the approved details.

Reason: To ensure that the site is subject to an acceptable drainage system serving the development and to ensure that if any reinforcement works are provided if necessary to avoid flooding and/or potential pollution incidents in accordance with Policies CS31 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 169 of the National Planning Policy Framework (2021).

Note: The developer can request information to support the discharge of this condition by visiting the Thames Water website at thameswater.co.uk/preplanning.

16. No development shall take place until details of the implementation, adoption, maintenance and management of the sustainable drainage system shall have been submitted to and approved in writing by the Local Planning Authority. Those details shall include:

(a) a timetable for its implementation; and,

(b) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the effective operation of the sustainable drainage system throughout its lifetime.

The sustainable drainage system shall be implemented and thereafter managed and maintained in accordance with the approved details.

Reason: To ensure that the site is subject to an acceptable drainage system serving the development and to prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site in accordance with Policy CS31 of the Dacorum Borough Core Strategy (2013) and Paragraph 169 of the National Planning Policy Framework (2021).

17. Prior to the construction of the buildings hereby permitted, details of any external lighting shall be submitted to and approved in writing by the local planning authority. The external lighting scheme shall take into account the recommendations set out in Paragraph 5.19 of the Ecological Appraisal by FPCR (August 2020). Development shall be carried out in accordance with the approved details prior to first occupation of the development.

Reason: To ensure that the lighting is designed to minimise problems of glare, protect residential amenity, to minimise impacts on biodiversity and avoid unnecessary light pollution in accordance with Policies CS12, CS26 and CS29 of the Dacorum Borough Core Strategy (2013) and Paragraphs 130 and 174 of the National Planning Policy Framework (2021).

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

PL-01A - Location Plan

PL-03R - Proposed Site Plan

PL-04C - Proposed Building Plan

PL-05B - Proposed Roof Plan

PL-06B - Proposed Elevations

9508-L-01E - Detailed Planting Plan

204 - Proposed Flood Routing Plan

200H - Proposed Drainage Plan

201E - Proposed Levels Plan

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

19. Notwithstanding the details submitted, the retail unit hereby approved shall trade as a single retail unit and shall not be subdivided into separate smaller units.

The development shall be carried out in accordance with the approved details.

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. All wild birds, nests and eggs are protected under the Wildlife & Countryside Act 1981 (as amended). The grant of planning permission does not override the above Act. All applicants and sub-contractors are reminded that site clearance, vegetation removal, demolition works, etc. between March and August (inclusive) may risk committing an offence under the above Act and may be liable to prosecution if birds are known or suspected to be nesting. The Council will pass complaints received about such work to the appropriate authorities for investigation. The Local Authority advises that such work should be scheduled for the period 1 September - 28 February wherever possible. If this is not practicable, a search of the area should be made no more than 2 days in advance of vegetation clearance by a competent Ecologist and if active nests are found, works should stop until the birds have left the nest.

3. The site has potential to support hedgehogs. Hedgehogs are protected under Schedule 6 of the Wildlife and Countryside Act 1981, which prohibits killing and trapping by certain methods. They are also a UK Priority species under the NERC Act (SEC.41) 2006. The species is therefore considered one of the UK's target species to avoid further population decline.

To avoid killing or injuring of hedgehogs it is best practice for any brash piles to be cleared by hand if possible. Any trenches on site should be covered at night or have mammal ramps to ensure that any animals that enter can safely escape - this is particularly important if holes fill with water. It is also possible to provide enhancements for hedgehogs by making small holes (13cm x 13cm) within any boundary fencing. This allows foraging hedgehogs to be able to pass freely throughout a site but will be too small for most pets.

4. It is an offence to take or disturb the breeding or resting location of protected species, which include: all Bats, Badger, Otter, Hazel dormouse, Water vole, Reptiles (Common lizard, Slow- worm, Grass snake), Great crested newt, wild birds and Roman snail. Precautionary measures should be taken to avoid harm where appropriate. If protected species, or evidence of them, is discovered during the course of any development, works should stop immediately and advice sought as to how to proceed. This may be obtained from Natural England: 0300 060 3900 or a suitably qualified ecological consultant.

Supporting documents:

Item 5a Lidl DMC Report (Final), item 4a PDF 774 KB