Agenda item

The Case Officer, Robert Freeman introduced the report to Members and said that the application had been referred to the Committee due to contrary views of Tring Town Council. He informed the committee of the additional representation and the amended condition which was in the addendum.

 

It was proposed by Councillor Beauchamp and seconded by Councillor Riddick to DELEGATE WITH A VIEW TO APPROVAL.

 

Vote:

 

For:        4        Against:           1          Abstained: 5

 

Resolved: That planning permission be DELEGATED with a VIEW TO APPROVAL subject to the conditions below and the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (As Amended)

 

That the legal agreement secures the following Heads of Terms

 

-       The restriction on occupation and use of the site for purposes falling within Class C2 (Residential Care Home)

-       Restricted use of the car parking area for staff and visitors.

 

 

 

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:

 

Plans

 

3135-HIA-ZZ-XX-DR-A-100 (Location Plan)

PL02 Revision E (Proposed Site Plan)

PL03 Revision B (Proposed Ground Floor Plan)

PL04 Revision C (Proposed First floor Plan)

PL05 Revision B (Second Floor Plan)

PL06 Revision D (Proposed Roof Plan)

PL07 Revision E (Proposed Elevations)

PL08 Revision E (Proposed Elevations)

PL09 Revision E (Sectional Details)

PL11 Revision C (Boundary Treatment Plan)

21007-50-01 Revision P5 (Below Ground Drainage Strategy)

21007-50-03 Revision P1 (Flood Routing Plan)

22224-01 Revision B (Visibility Splays)

22224-05 (Refuse Tracking Movements)

 

Documents

 

Arboricultural Impact Assessment by Advanced Arboricuture dated 16^th September 2022

Drainage Strategy and Flood Risk Assessment Revision A (July 2022)

Below Ground Drainage Strategy prepared by Baker Hall Ltd reference 21007-50-01 Rev P5, dated 23 January 2023.

Ground Investigation Report by Applied Geology (October 2021)

Preliminary Ecological Appraisal Revision A by Griffin Ecology Ltd (April 2022)

Transport Assessment by David Tucker Associates (December 2021)

Transport Assessment Update by David Tucker Associates (October 2022)

 

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

 

 

3.         No construction of the superstructure of the development shall take place until samples of the materials to be used in the construction of the development have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

Reason: To make sure that the appearance of the building is suitable and that it contributes to the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

4.         No construction of the superstructure shall take place until full details of both hard and soft landscape works has been submitted to and approved in writing by the Local Planning Authority.

 

These details shall include:

-           hard surfacing materials,

-           soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs;

-           a scheme for the ecological improvement and management of the site,

-           any exterior lighting works and

-           minor artefacts and structures including bin stores, cycle stores and pergola and

 

The 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 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 similar species, size and maturity.

 

Reason: To ensure the adequate landscaping of the site in accordance with Policies CS12, CS26 and CS29 of the Core Strategy.

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5.         No development shall take place until the tree protection measures have been provided fully in accordance with the Tree Protection Plan contained within the Arboriculture Impact Assessment by Advanced Arboriculture. The tree protection measures shall be kept in situ for the duration of the construction period and protected areas shall be kept free from the storage of construction materials or spoil.

 

Reason: To ensure the adequate protection of trees and landscape features in accordance with Policies CS12, CS25 and CS26 of the Core Strategy and Saved Policy 99 of the Dacorum Borough Local Plan 1991-2011

 

6.       The development hereby approved shall be undertaken fully in accordance with the mitigation measures identified in the Preliminary Ecological Appraisal Revision A by Griffin Ecology (April 2022) . The works shall be undertaken with the supervision of an appropriately qualified Ecological Clerk of Works (ECoW)

 

Reason: To ensure the adequate protection of species and habitat in accordance with Policies CS25 and CS26 of the Core Strategy.

 

7.         The development hereby approved shall not be occupied until the arrangements for the access, parking and circulation have been provided in accordance with drawings PL02 Revision E (Proposed Site Plan) 22224-01 Revision B (Visibility Splays) and 22224-05 (Refuse Tracking Movements). The arrangements for the circulation and parking of vehicles shall thereafter be retained in accordance with the approved plans.

 

Reason: In the interests of highway safety and to ensure that there is adequate space to enter and exit the site within a forward gear in accordance with Policies CS8 and CS12 of the Core Strategy and Car Parking Standards SPD.

 

8          No development shall take place 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;

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

h.         Provision of sufficient on-site parking prior to commencement of construction activities and

i.          a construction phase surface water management plan

 

Reason: In the interests of highways safety and amenity of neighbouring properties and in accordance with Policies CS8, CS12 and CS31 of the Core Strategy.

 

 

9.         Prior to the first use of the development hereby permitted, visibility splays shall be provided in full accordance with the details indicated on the approved drawing number 22224-01 Revision B (Visibility Splays) The splays shall thereafter be retained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

 

Reason: To ensure that the level of visibility for pedestrians, cyclists and vehicles is satisfactory in the interests of highway safety in accordance with Policies CS8 and CS12 of the Core Strategy and the Car Parking Standards SPD (2020)

 

10.       The development hereby approved shall not be occupied until a scheme for the installation of Electric Vehicle Charging Points and associated infrastructure has been submitted to and approved in writing by the local planning authority. The Electric Vehicle Charging points and associated infrastructure shall be provided prior to occupation and 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).

 

11.       No development above slab level shall be undertaken until a Sustainability Statement indicating how the development complies with Policies CS29, CS31 and CS32 of the Core Strategy, the Energy Efficiency and Conservation SPD and the Water Conservation SPD has been submitted to and approved in writing by the local planning authority. The development shall be undertaken fully in accordance with the approved details.

 

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 150 and 153 of the National Planning Policy Framework (2019).

 

 

12.       The development hereby approved shall not be occupied until a scheme for the mitigation of residents against the noise from commercial premises has been submitted to and approved in writing by the local planning authority. The proposed noise mitigation measures shall be provided in accordance with the approved details prior to the occupation of effected residential rooms.

 

            Reason To ensure an adequate level of amenity for future occupants of the development in accordance with Policy CS12 of the Core Strategy.

 

 

13.       The development hereby approved shall not be occupied until confirmation has been provided that either:- all water network upgrades required to accommodate the additional demand to serve the development have been completed; or a development and infrastructure phasing plan has been agreed with Thames Water to allow development to be occupied.

 

Where a development and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed development and infrastructure phasing plan.

 

Reason: The development may lead to no / low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development.

 

14.       The development permitted by this planning permission shall be carried out in accordance with the approved Drainage Strategy and Flood Risk Assessment prepared by Baker Hall Ltd Revision A, dated July 2022 and the subsequently submitted Below Ground Drainage Strategy prepared by Baker Hall Ltd reference 21007-50-01 Rev P5, dated 23 January 2023.

 

1. Limiting the surface water run-off generated by the critical storm events so that it will not exceed the greenfield surface water run-off rate during all events up to and including the 1 in 100 year + 40% climate change storm.

 

2. Providing attenuation storage 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.

3. Discharge of surface water from the private network to soakaways.

 

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

Reason: To prevent flooding by ensuring the satisfactory disposal and storage of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants in accordance with Policy CS31 of the Core Strategy.

 

 

15. No development above slab level shall take place until a detailed surface water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include:

 

• Detailed design drainage layout drawings of the SuDS proposals including all pipes, invert and cover levels, associated volumes, discharge rates and and diameters, and cross-section details.

• Full network calculations using FEH2022 rainfall data for all events up to and including the 1 in 100 year plus 40% climate change, including half drain down times no greater than 24 hours. The calculations should demonstrate that any new and existing drainage networks have sufficient capacity to manage surface water on site.

• A Flood Exceedance Conveyance Plan for extreme storms that exceed the 1 in 100 year +40% climate change event.

• Infiltration testing to BRE Digest 365 standards at the exact locations and depths of proposed infiltration features, including groundwater testing and remediation plans for any contamination discovered on site where it may interact with the proposed drainage.

• Detailed maintenance and management plan in accordance with Section 32 of CIRIA C753 including maintenance schedules for each drainage element and confirmation of who will be responsible for maintenance.

 

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal.

 

 

 

16.       Prior to first occupation, a record of the installed SuDS and site wide drainage scheme shall be submitted to and approved in writing by the Local Planning Authority for deposit with the Lead Local Flood Authority Asset Register. The details shall include:

• As built plans;

• Photographs to document each key stage of the drainage system when installed on site;

• Photographs to document the completed installation of the drainage structures on site;

• The name and contact details of any appointed management company

 

Reason: In accordance with Section 21 of the Flood and Water Management Act 2010 and Policy CS31 of the Core Strategy.

 

17.      The development hereby permitted shall not be occupied until detailed proposals for the provision of fire hydrants serving the development as incorporated into the provision of the mains water services for the development whether by means of existing water services or new mains or extension to or diversion of existing services or apparatus shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented fully in accordance with the approved details prior to occupation of the development.

 

Reason: To ensure that adequate arrangements are made for the fighting of fire in accordance with Policy CS35 of the Core Strategy.

 

18.      The development hereby approved shall not be occupied until the off-site highway works have been implemented in accordance with drawing 22224-03 Revision A or any subsequent plan for such works as may be approved under a legal agreement under Section 278 of the Highways Act 1980 (As Amended)

 

Reason: In the interests of highways safety and in accordance with Policies CS8 and CS12 of the Core Strategy.