Agenda item

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

Notwithstanding the details hereby approved, no development above ground shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall have been submitted to and approved in writing by the local planning authority. 

These details shall include:

·        Roof material finishes

·        External Wall finishes

·        Fenestration Details and Materials

·        Balcony materials

·        Canopy and entrance feature materials and finishes

·        Rainwater goods

Development shall be carried out in accordance with the approved details.

Reason:  To ensure a satisfactory appearance to the development and to accord with adopted Core Strategy Policy CS12.

3

Within three months of the date of the granting of this planning permission details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority.  These details shall include:

·        hard surfacing materials;

·        means of enclosure;

·        soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

·        trees to be retained and measures for their protection during construction works;

·        proposed finished levels or contours;

·        car parking layouts and other vehicle and pedestrian access and circulation areas;

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

·        proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc);

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

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area and to accord with adopted Core Strategy Policy CS12.

4

Any tree or shrub which forms part of the approved landscaping scheme which within a period of five 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 species, size and maturity to be approved by 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 adopted Core Strategy Policy CS12.

5

A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved by the local planning authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use.  The landscape management plan shall be carried out as approved.

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area and to accord with adopted Core Strategy Policy CS12.

6

The development shall not be occupied until the access, car parking and turning areas for the development has been constructed, surfaced and permanently marked out in accordance with the details approved under Condition 3 this application. All parking and turning areas so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose at any time.

Reason: To ensure that adequate parking is provided at all times so that the development does not prejudice the free flow of traffic or the conditions of general safety along the adjacent highway, or the amenities and convenience of existing local residents and businesses in accordance with CS12 of the Adopted Core Strategy.

7

Two months prior to the occupation of the development, details of the proposed Travel Plan shall be submitted to and approved in writing by the Local Planning Authority.

Reason: to promote a sustainable development in accordance with adopted Core Strategy Policy CS8 and highway authority requirements.

8

No part of the development hereby permitted shall be occupied prior to implementation of the Travel Plan referred to in Condition 7 above. The approved Travel Plan shall be implemented in accordance with the timetable and targets contained therein and shall continue to be implemented as long as any part of the development is occupied.

Reason: To ensure that the development offers a wide range of travel choices to reduce the impact of travel and transport on the environment in accordance with CS8 of the Adopted Core Strategy.

9

Construction of the development hereby approved shall not commence until a Construction Management Plan has been submitted to and approved in writing bythe local planning authority in consultation with the highway authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan.

The Construction Traffic Management Plan shall include details of:

a) Construction vehicle numbers, type, routing;

b) Traffic management requirements;

c) Construction and storage compounds (including areas designated for car parking);

d) Siting and details of wheel washing facilities;

e) Cleaning of site entrances, site tracks and the adjacent public highway;

 f) Timing of construction activities to avoid school pick up/drop off times;

g) Provision of sufficient on-site parking prior to commencement of construction activities;

h) Post construction restoration/reinstatement of the working areas and temporary access to the public highway.

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way.

10

The proposed development shall be carried out in accordance with the measures detailed in the FRA carried out by Waterco reference W19181-160107 dated January 2016 submitted with this application. The measures shall achieve the following:

·        Limit the surface water run-off generated by the 1 in 100 year + climate change critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site.

·        Provide attenuation 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.

Reason

1.     To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site in accordance with adopted Core Strategy Policies CS29 and CS31.

2.     To reduce the risk of flooding to the proposed development and future occupants.

11

No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro- geological context of the development has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 1 in 100 year + 30% for climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

The scheme shall also include:

1.  Infiltration tests should be conducted to BRE Digest 365 Standards if infiltration is proposed.

2.  Provision of a fully detailed drainage plan showing pipe diameters, pipe runs, outlet points and location of SuDS features and supporting calculations.

The scheme shall be fully implemented and subsequently maintained, 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 the increased risk of flooding, both on and off site and to accord with adopted Core Strategy Policies CS29 and CS31.

12

No demolition/development shall take place/commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing.  The scheme shall include an assessment of significance and research questions; and:

1.         The programme and methodology of site investigation and recording

2.         The programme for post investigation assessment

3.         Provision to be made for analysis of the site investigation and recording 

4.         Provision to be made for publication and dissemination of the analysis and records of the site investigation

5.         Provision to be made for archive deposition of the analysis and records of the site investigation

6.         Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation

Reason:  To ensure that reasonable facilities are made available to record archaeological evidence in accordance with CS27 of the Adopted Core Strategy.

13

Demolition/development shall take place in accordance with the Written Scheme of Investigation approved under condition 12. The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 12 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

Reason:  To ensure that reasonable facilities are made available to record archaeological evidence in accordance with CS27 of the Adopted Core Strategy.

14

The development hereby permitted shall be carried out in accordance with the approved sustainability statement and energy statement submited by Eco Energy and Environmental Limited. 

Reason:  To ensure the sustainable development of the site in accordance with Policies CS28, CS29 and CS31 of the Dacorum Core Strategy.

15

No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water.  Any piling must be undertaken in accordance with the terms of the approved piling method statement.

Reason: The proposed works will be in close proximity to underground sewerage utility infrastructure.  Piling has the potential to impact on local underground sewerage utility infrastructure. The applicant is advised to contact Thames Water Developer Services on 0800 009 3921 to discuss the details of the piling method statement.

16

A scheme for protecting the proposed residential units from noise from the surrounding existing activity, including commercial activity and traffic noise shall be submitted to and approved by the local planning authority; the submitted information shall demonstrate how the internal areas of the residential units shall comply with BS8233  and to achieve reasonable conditions for sleep and daytime amenity. All works which form part of the scheme shall be completed before any part of the development is occupied.

Reason:  In the interests of the amenity of adjoining residents in accordance with CS12 of the Adopted Core Strategy.

INFORMATIVE:

It is advised that the sound insulation between the units is capable of 50db attenuation.

17

Prior to the commencement of the development hereby permitted a Phase I Report to assess the actual or potential contamination at the site shall be 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:

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.

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.

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 the issue of contamination is adequately addressed and to ensure a satisfactory development.  

18

All remediation or protection measures identified in the Remediation Statement referred to in Condition 17 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 the issue of contamination is adequately addressed and to ensure a satisfactory development.  

Informative:

Paragraph 121 of the NPPF states that all site investigation information must be prepared by a competent person. This is defined in the framework as 'A person with a recognised relevant qualification, sufficient experience in dealing with the type(s) of pollution or land instability, and membership of a relevant professional organisation.'

Contaminated Land Planning Guidance can be obtained from Regulatory Services or via the Council's website www.dacorum.gov.uk 

19

No development shall take place until a scheme has been submitted to and approved in writing by the local planning authority for the provision of a fire hydrant(s) to serve the development. The development shall not be occupied until the approved scheme of fire hydrant(s) has been installed.

Reason: To ensure water supplies are provided to adequately serve the site in accordance with BS 9999.

20

Construction of the development hereby approved shall not commence until a Site Waste Management Plan has been submitted to and approved in writing bythe local planning authority in consultation with the highway authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan.

Reason:  To ensure the sustainable construction in the development of the site in accordance with Policies CS29 of the Dacorum Core Strategy.

INFORMATIVE:

Waste Policy 12: Sustainable Design, Construction and Demolition requires all relevant construction projects to be supported by a Site Waste Management Plan (SWMP). This aims to reduce the amount of waste produced on site and should contain information including types of waste removed from the site and where that waste is being taken to. Good practice templates for producing SWMPs can be found at:

http://www.smartwaste.co.uk/ or

http://www.wrap.org.uk/construction/tools_and_guidance/site_waste_management_planning/index.html

21

No development shall take place until a detailed land stability risk assessment report has been submitted to and approved in writing by the local planning authority.

Reason: To ensure that any potential land instability within the site is identified and addressed in accordance with  National Planning Practice Guidance.

22

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

L4131 14G Proposed Site Plan;
L4131 15G Ground Floor Plan;
L4131 16G Proposed Upper (1-3) Floor Plans;
L4131 17G Proposed Fourth Floor Plan;
L4131 18G Proposed Fifth Floor Plan;
L4131 26 Proposed Sixth Floor and Roof Plan;
L4131 19F Proposed Front Elevations;
L4131 20E Proposed Rear Elevations 01;
L4131 21E Proposed Rear Elevations 02.

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

Article 35 Statement

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant at the pre-application stage and during the determination process which lead to improvements to the scheme. 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.  

INFORMATIVES:

Highways:

AN1) Construction standards for new/ amended vehicle access: Where works are required within the public highway to facilitate the new or amended vehicular access, the Highway Authority require the construction of such works to be undertaken to their satisfaction and specification, and by a contractor who is authorised to work in the public highway. If any of the works associated with the constructed of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.) the applicant will be required to bear the cost of such removal or alteration. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 03001234047

AN2) 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 website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

AN3) 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 website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

Thames Water:

Waste Comments

Surface Water Drainage - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0800 009 3921. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

There are public sewers crossing or close to your development. In order to protect public sewers and to ensure that Thames Water can gain access to those sewers for future repair and maintenance, approval should be sought from Thames Water where the erection of a building or an extension to a building or underpinning work would be over the line of, or would come within 3 metres of, a public sewer.  Thames Water will usually refuse such approval in respect of the construction of new buildings, but approval may be granted in some cases for extensions to existing buildings. The applicant is advised to contact Thames Water Developer Services on 0800 009 3921 to discuss the options available at this site.

‘We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer.  Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991.  Should the Local Planning Authority be minded to approve the planning application, Thames Water would like  the following informative attached to the planning permission:“A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer.  Permit enquiries should be directed to Thames Water’s Risk Management Team by telephoning 02035779483 or by emailing wwqriskmanagement@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality.”

Thames Water would recommend that petrol / oil interceptors be fitted in all car parking/washing/repair facilities. Failure to enforce the effective use of petrol / oil interceptors could result in oil-polluted discharges entering local watercourses.

Water Comments

With regard to water supply, this comes within the area covered by the Affinity Water Company. For your information the address to write to is - Affinity Water Company The Hub, Tamblin Way, Hatfield, Herts, AL10 9EZ - Tel - 0845 782 3333.

Through the centre of the proposed development and there are easements and wayleaves running throughout the site. These are Thames Water Assets. The company will seek assurances that it will not be affected by the proposed development.

The Map issued previously has yellow dashed lines show the easements and wayleaves and the proposed development area is identified by a red outlined box.

Hertfordshire Ecology:

o Protected Species - It is an offence to take or disturb the breeding or resting location of protected species, which include (although not exclusively) all Bats, wild Birds, Reptiles (Common lizard, Slow-worm, Grass snake), and Roman snails. Precautionary measures should be taken to avoid harm where appropriate. If protected species, or evidence of them, is discovered during the course of any development, works should stop immediately and advice sought as to how to proceed. This may be obtained from: Natural England: 0300 060 3900; or a suitably qualified ecological consultant.

o For birds, the removal of trees & shrubs should be avoided during the breeding season (March to September inclusive). If this is not possible then a search of the area should be made by a suitably experienced Ecologist and if active nests are found, then clearance must be delayed until the last chick has fledged.

o Any external lighting scheme should be designed to minimise light spill, in particular directing light away from the boundary vegetation to ensure dark corridors remain for use by wildlife as well as directing lighting away from potential roost / nesting sites.

o Soft landscaping - new trees and shrubs should be predominantly native species, particularly those that bear blossom, fruit (berries) and nectar to support local wildlife. Where non-native species are used they should be beneficial to biodiversity, providing a food source or habitat for wildlife.

o Biodiversity enhancements could be incorporated into the development proposal. These could be in form of bat and bird boxes in trees, integrated bat roost units (bricks and tubes) in buildings, specific nest boxes for swifts, swallows and martins, refuge habitats (e.g. log piles, hibernacula) for reptiles at the site boundaries, etc. These should be considered at an early stage to avoid potential conflict with any external lighting plans. Advice on type and location of habitat structures should be sought from an ecologist.

Crime Prevention:

Achieving the Secured by Design award meets the requirements of Approved Document Q (ADQ), and there is no charge for applying for the Secured by Design award.   I would ask that this information is passed by way of informative to the applicant.

a.    Secured by Design part 2 physical security: If the development were to be built the physical security of Secured by Design part 2, which is the police approved minimum security standard and also achieves ADQ.   This would involve:

 All exterior doors to have been certificated by an approved certification body to BS PAS 24:2012, or STS 201 issue 4:2012, or STS 202 BR2, or LPS 1175 SR 2, or LPS 2081 SR B. This includes any communal doors from underground / undercroft parking areas.

 All individual flat front entrance doors to have been certificated by an approved certification body to BS Pas 24:2012 (internal specification).  

 Ground level (easily accessible) exterior windows to have been certificated by an approved certification body to BS Pas 24:2012.  All glazing in the exterior doors, and ground floor (easily accessible) windows next to doors to include laminated glass as one of the panes of glass.  

 Access control standard for flats is: 4 to 10, audible – more than 10 flats sharing a communal entrance then audible and visual access control at the pedestrian entrances to the block.  Such access control  must NOT have a Tradesman’s Button fitted as this assists offenders to gain entry during the day to break into the flats.   As this proposed development has 75 flats there will be the requirement for access control as well as on the landings and some CCTV coverage.

These standards are entry level security and meet the Secured by Design part 2 physical security standard.   Building to the physical security of Secured by Design, which is the police approved minimum security standard, will reduce the potential for burglary by 50% to 75% and achieve ADQ.  I would encourage the applicants to seek Secured by Design certification to this standard when it is built.