Agenda item

The Case Officer, Phillip Stanley introduced the report to Members on behalf of Joan Reidand said that the application had been referred to the Committee due to an objection from the Parish Council.

P Stanley informed the committee of a typo on Paragraph 9.7 of the DMC report. This was highlighted in the addendum. It should read that there is 20sq.cm difference between the proposed and the existing and not 20sq.m as stated.

Mr John Collins and Markyate Parish Councillor, Sheila Pilkinton spoke in objection to the application.

David Lomas spoke in support of the application.

It was proposed by Councillor Riddick to move Officer’s recommendation to DELEGATED with a view to APPROVAL, and was seconded by Councillor Guest.

Vote:

For:       11     Against:          0         Abstained: 1

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

RECOMMENDATION

That the application be DELEGATED with a view to APPROVAL subject to appropriate assessment in accordance with article 6(3) of the Habitats Directive and securing a mitigation package to avoid any further significant effects on the Chilterns Beechwood Special Area of Conservation (SAC) through financial contributions secured by legal agreement.

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:

            21.058 2A

21 058 1A

K0422-E-S1

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

 3.        The parking space shown on the approved plan shall be in place prior to the first occupation of the dwelling and kept available at all times for the parking of motor vehicles by the occupants of the dwellings and their visitors and for no other purpose thereafter.

            Reason:  In accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Section 9 of the National Planning Policy Framework (2021).

 4.        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 out without the prior written approval of the Local Planning Authority:

            A, B, C, E.

            Reason:  To enable the Local Planning Authority to retain control over the development in the interests of safeguarding the openness of the Green Belt and the protection of the neighbouring properties amenities in accordance with Policies CS5 and CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 149 and 150 of the National Planning Policy Framework (2021).

 5.        No development (excluding demolition/ground investigations) shall take place until details of the materials, including the joinery, to be used in the construction of the development hereby permitted have been submitted and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details. 

            Reason:  To ensure satisfactory appearance to the development and to safeguard the visual character of the area and to preserve the setting of the Heritage Assets in accordance with Policies CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

 6.        No development, shall take place until a Phase I Report to assess the actual or potential contamination at the site has been 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:

            (i)  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.

            (ii)  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.

            (iii)  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 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).

 7.        All remediation or protection measures identified in the Remediation Statement referred to in Condition 6 above 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 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).

8.         Development shall not begin until a detailed written scheme for protecting the development, including external amenity areas, from transport related noise has been submitted to and approved in writing by the Local Planning Authority. This scheme shall have due regard to the provision of appropriate levels of ventilation and air quality. All measures which form part of the scheme approved by the Authority shall be carried out prior to the first occupation of the development and shall thereafter be retained.           

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).

Informatives:

 1.        Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led 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.