Agenda item

The Case Officer, Elspeth Palmer, introduced the report to Members and said that the application had been referred to the Committee due to objections from the Parish Council.

It was proposed by CouncillorWyatt-Lowe and seconded by Councillor Durrant to DELEGATED with a view to APPROVAL.

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:

           

            Site Location Plan 2813.01A

            Proposed Site Plan 2813.04 A

            Proposed Elevations 2813.06

            Proposed Floor and Roof Plans 2813.05

            Fire Tender Access Plan 2813. FIRE

           

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

 

 3.        The development hereby permitted shall be constructed in accordance with the materials specified on the application form and approved plans.

            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, CS12 and CS24 of the Dacorum Borough Core Strategy (2013).

 4.        No development shall take place until a method statement that describes the 'reasonable avoidance measures' that will be put in place to reduce the risk of construction activities harming great crested newts within the development site.  The method statement shall include:

·         Purpose and objectives for the proposed works;

·         The working methods to be adopted.  These shall be proportionate to the level of risk;

·         The area where the methods will be applied;

·         The period of time these will be carried out and the people responsible; and

·         The works shall be carried out strictly in accordance with the approved details.

           

            Reason:  To identify and ensure the survival and protection of important species and those protected by legislation that could be adversely affected by the development, having regard to Policy CS26 of the Dacorum Borough Core Strategy and Paragraph 174 of the National Planning Policy Framework (2021).

 

 5.        Prior to occupation the installation of an integrated bat box in the new building and the introduction of night flowering plants as recommend in s7.13 & 7.14 of the PRA should be implemented and maintained in perpetuity.

           

            Reason:  To identify and ensure the survival and protection of important species and those protected by legislation that could be adversely affected by the development, having regard to Policy CS26 of the Dacorum Borough Core Strategy and Paragraph 174 of the National Planning Policy Framework (2021).

 

 6.        Details of the proposed electric vehicle charging points and associated maintenance arrangement for the development shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented prior to first occupation in accordance with the agreed details.

           

            Reason:  To enable future occupiers to charge low emission vehicles in a safe and accessible way in accordance with Policy CS8 of the Dacorum Borough Core Strategy (2013) and Paragraph 112 (e) of the National Planning Policy Framework (2021).

 

 7.        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:

           

·         all external hard surfaces within the site;

·         other surfacing materials;

·         means of enclosure;

·         soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs in particular enhancing the existing vegetation immediately to the front of The Croft to reduce the amount of glare from headlights into the front windows and any loss of privacy that may occur from passing vehicles or pedestrians;

·         minor artefacts and structures (e.g. furniture, play equipment, signs, refuse or other storage units, etc.); and

·         retained historic landscape features and proposals for restoration, where relevant.

           

            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.

           

            The approved landscaping scheme must be retained in perpetuity.

           

            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).

 

 8.        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).

 

 9.        The development hereby permitted shall not be occupied until a scheme for the installation of sprinklers ('the sprinkler system') has been submitted to and approved in writing by the local planning authority.  The sprinkler system shall be fully installed and operational prior to the occupation of any part of the development. The sprinkler system must be retained in the approved dwelling in perpetuity.

           

            Reason:  To ensure that the layout of the residential development is provided with appropriate access and makes adequate provision for the fighting of fires in accordance with Policies CS9 and CS12 of the Dacorum Borough Core Strategy (2013) and Section 8 of the National Planning Policy Framework (2021).

 

10.       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 and F

           

            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).

 

11.       No construction of the superstructure shall take place until details of proposed sustainability measures (a Sustainable Design and Construction Statement) within the development shall be submitted to and agreed in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

           

            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).

 

12.       The stables and summerhouse shall be demolished and the materials arising from demolition removed from the site (or the arising materials re-used or retained in a position on site as agreed by the Local Planning Authority in writing and thereafter retained) prior to the implementation of the development hereby permitted.

           

            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).

           

            Reason:  To accord with the approved plans and for the avoidance of doubt.

 

13.       The concrete yard around the stable and the gravel drive shall be removed and grassed prior to the commencement of use of the development hereby permitted.

           

            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).

           

            Reason:  To accord with the approved plans and for the avoidance of doubt.

 

14.       The development hereby permitted shall not be carried out and this permission shall become of no effect if the following permission:

           

            4/01507/96/FHA Demolition of existing garages, store and conservatory. Erection of double garage and store and conservatory

            Granted 6/2/97

                       

            is at any time further implemented or built out.

           

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

           

            Reason:  To accord with the approved plans and for the avoidance of doubt.

 

15.       The permission hereby granted is an alternative to and not in addition to, either wholly or in part the following:

           

            4/01507/96/FHA Demolition of existing garages, store and conservatory. Erection of double garage and store and conservatory

            Granted 6/2/97

                       

            No further part of the development referred to in the above permission shall be carried out if any part of the development hereby permitted has been implemented.

           

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

           

            Reason:  To accord with the approved plans and for the avoidance of doubt.

 

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.

 

 2.        In the event that ground contamination is suspected or encountered at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority with all works temporarily suspended until a remediation method statement has been agreed. This is because the safe development and secure occupancy of the site lies with the developer.

 

 3.        Materials or conditions that may be encountered at the site and which could indicate the presence of contamination include, but are not limited to:

            Soils that are malodorous, for example a fuel odour or solvent-type odour, discoloured soils, soils containing man-made objects such as paint cans, oil/chemical drums, vehicle or machinery parts etc., or fragments of asbestos or potentially asbestos containing materials. If any other material is encountered that causes doubt, or which is significantly different from the expected ground conditions advice should be sought.

 

 4.        Any soils, whether imported or site-won, to be used in the provision of soft landscaped gardens should be known to be chemically suitable (un-contaminated) for the intended end use and meet the requirements of BS3882:2015 and BS8601:2013.

 

 5.        Contractors and sub-contractors must have regard to BS 5228-2:2009 "Code of Practice for Noise Control on Construction and Open Sites" and the Control of Pollution Act 1974.

           

            As a guideline, the following hours for noisy works and/or deliveries should be observed: Monday to Friday, 7.30am to 5:30pm, Saturday, 8am to 1pm, Sunday and bank holidays - no noisy work allowed.

           

            Where permission is sought for works to be carried out outside the hours stated, applications in writing must be made with at least seven days' notice to Environmental and Community Protection Team ecp@dacorum.gov.uk or The Forum, Marlowes, Hemel Hempstead, HP1 1DN.  Local residents that may be affected by the work shall also be notified in writing, after approval is received from the LPA or Environmental Health.

           

            Works audible at the site boundary outside these hours may result in the service of a Notice restricting the hours as above.  Breach of the notice may result in prosecution and an unlimited fine and/or six months imprisonment.

 

 6.        Dust from operations on the site should be minimised by spraying with water or by carrying out of other such works that may be necessary to supress dust. Visual monitoring of dust is to be carried out continuously and Best Practical Means (BPM) should be used at all times. The applicant is advised to consider the control of dust and emissions from construction and demolition Best Practice Guidance, produced in partnership by the Greater London Authority and London Councils.

 

 7.        As an authority we are looking for all development to support sustainable travel and air quality improvements as required by the NPPF. We are looking to minimise the cumulative impact on local air quality that ongoing development has, rather than looking at significance. This is also being encouraged by DEFRA.

           

            As a result as part of the planning application I would recommend that the applicant be asked to propose what measures they can take as part of this new development, to support sustainable travel and air quality improvements. These measures may be conditioned through the planning consent if the proposals are acceptable.

           

            A key theme of the NPPF is that developments should enable future occupiers to make "green" vehicle choices and (paragraph 35) "incorporates facilities for charging plug-in and other ultra-low emission vehicles". Therefore an electric vehicle recharging provision rate of 1 vehicle charging point per 10 spaces (unallocated parking) is expected. To prepare for increased demand in future years, appropriate cable provision should be included in the scheme design and development, in agreement with the local authority.

           

            Please note that with regard to EV charging for residential units with dedicated parking, we are not talking about physical charging points in all units but the capacity to install one. The cost of installing appropriate trunking/ducting and a dedicated fuse at the point of build is miniscule, compared to the cost of retrofitting an EV charging unit after the fact, without the relevant base work in place.

           

            In addition, mitigation in regards to NOx emissions should be addressed in that all gas fired boilers to meet a minimum standard of 40 mg NOx/Kwh or consideration of alternative heat sources.

 

 8.        Weeds such as Japanese Knotweed, Giant Hogsweed and Ragwort are having a detrimental impact on our environment and may injure livestock. Land owners must not plant or otherwise cause to grow in the wild any plant listed on schedule 9 of the Wildlife and Countryside Act 1981. Developers and land owners should therefore undertake an invasive weeds survey before development commences and take the steps necessary to avoid weed spread. Further advice can be obtained from the Environment Agency website at https://www.gov.uk/japanese-knotweed-giant-hogweed-and-other-invasive-plants.

 

 9.        Under no circumstances should waste produced from construction work be incinerated on site. This includes but is not limited to pallet stretch wrap, used bulk bags, building materials, product of demolition and so on. Suitable waste management should be in place to reduce, reuse, recover or recycle waste product on site, or dispose of appropriately.

 

10.       If bats, or evidence for them, are discovered during the course of roof works, work must stop immediately and advice sought on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England to avoid an offence being committed.