Agenda item

Cllr Patterson declared an interest in the item as he has taken part in the previous planning application and has had discussions on the item. He confirmed it would be best to take no part in the discussion or voting.

 

The Case Officer, Sally Robbins introduced the report to Members and said that the application had been referred to the Committee due to Contrary view of Tring Town Council.

 

Town Councillor Nigel Nutkins spoke in objection to the application.

 

Jill Bell (Agent) spoke in support of the application.

 

It was proposed by Councillor Guest and seconded by Councillor Silwal to DELEGATED with a view to APPROVAL.

 

Vote:

 

For:      7                      Against:           1                      Abstained: 2

           

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

RECOMMENDATION

 

That planning permission 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.        Prior to the commencement of the development hereby approved, a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the demolition and construction of the development hereby approved shall be carried out in accordance with the approved details. The Construction Management Plan shall include the following details:

            - Construction vehicle numbers, type, routing

            - Access arrangements to the site

            - Parking and turning areas for site operatives and visitors

            - Traffic management requirements

            - Construction and storage compounds (including loading/unloading and turning areas)

            - Siting and details of wheel washing facilities

            - Cleaning of site entrances, site tracks and the adjacent public highway

            - Waste minimisation and recycling/disposing of waste from demolition/construction works, which must not include burning on site

            - Timing of demolition and construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times

            - The erection and maintenance of security hoarding

            - Control of dust/dirt emissions during demolition and construction

            - Control of noise and/or vibration

            - Control of overspill of light from security lighting

            - Where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements

            - Phasing Plan.

            Reason: In order to protect highway safety and the amenity of local residents and other users of the public highway and rights of way, in accordance with Saved Appendix 3 of the Dacorum Borough Local Plan (2004), Policies CS8 and CS12 of the Dacorum Borough Core Strategy (2013) and the National Planning Policy Framework (2021).

 

 3.        (a) No development approved by this permission shall be commenced prior to the submission to, and agreement of the Local Planning Authority of a written Preliminary Environmental Risk Assessment Report containing a Conceptual Site Model that indicates sources, pathways and receptors. It should identify the current and past land uses of this site (and adjacent sites) with view to determining the presence of contamination likely to be harmful to human health and the built and natural environment.

            (b) If the Local Planning Authority is of the opinion that the report which discharges condition (a), above, indicates a reasonable likelihood of harmful contamination then no development approved by this permission shall be commenced until an Intrusive Site Investigation 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.

            (c) 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 (b), above; has been submitted to and approved by the Local Planning Authority.

            (d) This site shall not be occupied, or brought into use, until:

            (i) All works which form part of the Remediation Method Statement report pursuant to the discharge of condition (c) 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 the issue of contamination is adequately addressed to protect human health and the surrounding environment and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

 

 4.        Any contamination, other than that reported by virtue of Condition 3 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.

            Should no ground contamination be encountered or suspected upon the completion of the groundworks, a statement to that effect shall be submitted in writing to the Local Planning Authority prior to the first occupation of the development hereby approved.

            Reason: To ensure that the issue of contamination is adequately addressed to protect human health and the surrounding environment and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

 

 5.        The development hereby permitted shall not progress beyond damp proof course level until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted and approved in writing by the Local Planning Authority. Please do not send materials to the Council offices. Materials should be kept on site and arrangements made for inspection.

            Specific details of the following shall be submitted to the Local Planning Authority for approval:

·         Sample panels of brickwork

·         Roof materials sample

·         Detailed scaled drawing of joinery

·         Details of window heads and cills

·         Rainwater goods.

           

            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 in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

 6.        The development shall be carried out in accordance with the recommendations set out in section 5.0 of the submitted 'Supplementary Bat Report' by AA Environmental Ltd dated June 2022, to include the installation of bat boxes prior to the commencement of any development on the site.

            Prior to the occupation of the development hereby approved, and notwithstanding the details approved in the above Supplementary Bat Report, an updated Bat Mitigation Plan shall be submitted to and approved in writing by the Local Planning Authority. The updated Bat Mitigation Plan shall include the following:

            - Locations of bat bricks to be incorporated into the facing brickwork of the dwellings

            - Details of a low impact lighting strategy.

            The development shall be carried out in accordance with the approved details prior to occupation and shall be thereafter retained.

            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 and to minimise impacts on biodiversity and avoid unnecessary light pollution, having regard to Policies CS26 and CS29 of the Dacorum Borough Core Strategy and Paragraph 174 of the National Planning Policy Framework (2021).

 7.        Prior to the commencement of development hereby approved, the tree protection measures detailed within Appendix 2 of the Arboricultural Impact Assessment and Arboricultural Method Statement by Patrick Stileman dated 13 March 2023 shall be implemented. No equipment, machinery or materials for the development shall be taken onto the site until the tree protection measures are in place. The works must then be carried out according to the approved details and thereafter retained until competition of the development.

            Reason:  In order to ensure that damage does not occur to trees and hedges during building operations 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).

 

 8.        Notwithstanding the details submitted within the landscaping plan entitled 'Detailed Planting Plan' (drawing no. CLPD 109 P01), prior to the occupation of the development hereby approved, an updated landscaping plan shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:

            - All external hard surfaces within the site

            - Other surfacing materials

            - Means of enclosure

            - Soft landscape works and planting schedule

            - Refuse or other storage units.

            The approved landscape works shall be carried out in accordance with the approved details prior to the occupation of the development hereby approved.

            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 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).

9.         The development shall be carried out in accordance with the ecological enhancements detailed in the 'Conclusions and Recommendations' of the submitted 'Technical Note: Ecology' by AA Environmental Ltd (Report Ref. 213157). The scheme of enhancements shall be implemented prior to the occupation of the approved development and thereafter so retained.

            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 Section 15 of the National Planning Policy Framework (2021).

10.       The following windows of the new dwellings hereby approved shall be fitted with obscured glass and non-opening below 1.7m above internal floor level and thereafter retained as such in perpetuity:

            Plot 1 - first and second floor windows on the north and south elevations (shown on drawing no. 21 / 3507 / 11)

            Plot 2 - first floor windows on north elevation (shown on drawing no. 21 / 3507 / 12)

            Plot 3 - first and second floor windows on west elevation and first floor window on east elevation (shown on drawing no. 21 / 3507 / 13 Rev A)

            Plot 4 - first and second floor windows on west elevation and first floor window on east elevation (shown on drawing no. 21 / 3507 / 14 Rev A

            Plot 5 - first and second floor windows on west elevation and first floor window on east elevation (shown on drawing no. 21 / 3507 / 13 Rev A)

            Plot 6 - first and second floor windows on west elevation and first floor window on east elevation (shown on drawing no. 21 / 3507 / 15 Rev A)

            Plot 7 - first floor windows on the east and west elevations (shown on drawing no. 21 / 3507 / 16)

            Reason: In the interests of the residential amenities of the existing occupants of the adjacent dwellings and future occupants of the proposed dwellings, in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

11.       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:

            Schedule 2 Part 1 Classes A and B

            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 Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 of the National Planning Policy Framework (2021).

12.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order) (with or without modification) the garages hereby permitted shall be kept available at all times for the parking of vehicles associated with the residential occupation of their respective dwellings and they shall not be converted or adapted to form living accommodation.

            Reason: To ensure adequate parking provision for the development in the interests of highway safety in accordance with Policies CS8 and CS12 of the Dacorum Borough Core Strategy (2013) and Appendix A of Dacorum's Parking Standards SPD (2021).

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

            Location Plan

            21 / 3507 / 10 Rev A - Proposed Site Plan

            21 / 3507 / 11 - Floor Plans & Elevations Plot 1

            21 / 3507 / 12 - Floor Plans & Elevations Plot 2

            21 / 3507 / 13 Rev A - Floor Plans & Elevations Plots 3 & 5

            21 / 3507 / 14 Rev A - Floor Plans & Elevations Plot 4

            21 / 3507 / 15 Rev A - Floor Plans & Elevations Plot 6

            21 / 3507 / 16 - Floor Plans & Elevations Plot 7

            21 / 3507 / 17 Rev B - Street Scenes / Site Sections
21 / 3507 / 18 Rev A - Site Sections

            Arboricultural Impact Assessment and Arboricultural Method Statement by Patrick Stileman dated 13 March 2023

            Transport Note by Iceni Projects dated January 2022

            Supplementary Bat Report by AA Environmental Ltd dated June 2022

            Technical Note: Ecology by AA Environmental Ltd (Report Ref. 213157)

            Planning Statement by HGH Consulting dated March 2023

            Heritage Statement by HCUK Group dated March 2023

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

Informatives:

 1.        Construction Dust Informative: 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.

 2.        Waste Management Informative: 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.

 3.        Air Quality Informative: 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.

 4.        Invasive and Injurious Weeds - Informative: 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.

 5.        Storage of materials: The applicant is advised that the storage of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority before construction works commence. Further information is available via the County Council website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.

 6.        Obstruction of highway: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence. Further information is available via the County Council website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.

 7.        Debris and deposits on the highway: It is an offence under section 148 of the Highways Act 1980 to deposit compost, dung or other material for dressing land, or any rubbish on a made up carriageway, or any or other debris on a highway to the interruption of any highway user. Section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development and use thereafter are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available by telephoning 0300 1234047.

 8.        Material samples: Please do not send materials to the Council offices.  Materials should be kept on site and arrangements made with the Planning Officer for inspection.

 9.        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.

10.       Construction noise informative: Works audible at the site boundary should not exceed the following times: Monday to Friday 07:30 to 17:30 hrs, Saturday 08:00 to 13:00 and at no time whatsoever on Sundays or Public/Bank Holidays. This includes deliveries to the site and any work undertaken by contractors and sub-contractors.

11.       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 (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

 

Cllr Silwal left at 20:53 after item 5b.