Agenda item

4/03985/15/ROC - 27 HALL PARK GATE, BERKHAMSTED, HP4 2NL

Minutes:

J Seed introduced the report and said it had been brought to committee due to the contrary views of Berkhamsted Town Council.

Garrick Stevens and Dawn Macey spoke in objection to this application.

It was proposed by Councillor Guest and seconded by Councillor Fisher to grant the application in line with the officer’s recommendation.

Vote

For: 6               Against: 2                    Abstained: 4

Resolved

That planning permission be GRANTED 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

No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building 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.

 

Reason:  To ensure a satisfactory appearance to the development; in accordance with policy CS12 of the Core Strategy.

 

3

No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. These details shall include:

 

·        proposed finished levels;

·        means of enclosure;

·        hard surfacing materials;

·        proposed trees;

·        shrubs; and

·        hedgerow planting.

 

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area; in accordance with policies CS11 and CS12 of the Core Strategy (20130).

 

4

All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with a programme agreed with the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area; in accordance with policies CS11 and CS12 of the Core Strategy (2013).

 

5

In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (i) and (ii) below shall have effect until the expiration of 5 years from the date of the occupation of the building for its permitted use.

 

i) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

ii) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority.

 

iii) No development shall take place and no equipment, machinery or materials shall be brought on to the site for the purposes of the development until (a) precise details and a specification of the fencing for the protection of any retained tree has been submitted to and approved in writing by the local planning authority; and (b) the erection of protective fencing has been undertaken in accordance with the approved details. The fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition or under the canopy of any tree tobe retained and the ground levels within those areas shall not be altered without the written approval of the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area; in accordance with saved policy 99 of the Local Plan (1991) and policy CS12 of the Core Strategy (2013).

 

6

Prior to the commencement of development, details of a 2m x 2m pedestrian visibility splay at the access to house 2 shall be submitted to and approved in writing by the local planning authority. The scheme shall be implemented before the building is occupied. Development shall be carried out in accordance with the approved details and the visibility splays shall thereafter be kept free of all obstructions over a height of 600mm above the adjacent footway level.

 

Reason:  In the interests of highway safety.

 

7

Development shall be carried out in accordance with the approved parking layout plans and the car parking spaces shall be retained for this use thereafter.

 

Reason:  To ensure the adequate and satisfactory provision of off-street vehicle parking facilities; in accordance with saved appendix 5 and policy 58 of the Local Plan (1991).

 

8

None of the buildings shall be occupied until details for the disposal of surface water from the new and altered parking areas have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved before the buildings are occupied.

 

Reason:  To ensure that the site is subject to an acceptable drainage system serving the development; in accordance with policy CS12 and CS29 of the Core Strategy (2013).

 

9

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), the new dwellings hereby permitted shall not be enlarged under the provisions of Schedule 2, Part 1, Class A of that order.

 

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 policies CS11 and CS12 of the Core Strategy (2013).

 

10

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

 

1935/104C

1935/103C

1935/109A

1935/102D

 

 

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

 

 

Article 35 Statement:

 

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015

 

Supporting documents: