Agenda item

4/03344/15/MFA - LAND ADJ APSLEY MILL COTTAGE, STATIONERS PLACE, APSLEY, HEMEL HEMPSTEAD, HP3 9RH

Minutes:

J Reid introduced the report and has been referred to committee as Dacorum Borough Council is both the applicant and land owner. J Reid stated that this was a full planning application whereas the previous application was outline permission.

It was proposed by Councillor R Sutton and seconded by Councillor Birnie to grant the application in line with the officer’s recommendation.

Vote

For: 11            Against: 0                    Abstentions: 2

Resolved

Delegate with a view to APPROVE subject to completion of S106 agreement and imposition of two additional conditions (below):

 

Condition 1

Prior to the commencement of the development a scheme for the management of a minimum four metre buffer zone alongside the deculverted and naturalised River Gade shall be submitted to and agreed in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the local planning authority.

The scheme shall include:

• Details of the design of the deculverted and naturalised river channel;

• Details of the native species planting scheme;

• Details demonstrating how the watercourse and associated buffer zone will be managed and maintained over the longer term to enhance the ecological value.

 

Condition 2

The development permitted by this planning permission shall be carried out in accordance with the submitted Flood Risk Assessment (Waterco, Ref: w3160-151006-FRA, October 2015) and the mitigation measures outlined within.

Information should also be provided to:

• Show an open channel watercourse that meets the flood risk requirements and maximises the environmental characteristics.

• Demonstrate that protection and maintenance of the existing flood defence canal boundary wall will be provided.

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.

 

 

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

No development shall take place until details of the materials and finishes to be used in the construction of the external surfaces of the development together with details of the windows, exterior door and external walkway balustrades hereby permitted shall have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with policy CS12 of the adopted Core Strategy.

 

 

3

Prior to the commencement of development, details of landscaping shall be submitted for the approval to the local planning authority and 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;

·              external lighting;

·              minor artefacts and structures (e.g. furniture, storage units, signs etc.);

·              arrangements for the long term management and mantenance of the on-site open spaces including de-culverted areas;

·              programme of implementation

·              bin storage details

·              maintainance and management of Suds

 

The trees, shrubs and grass shall subsequently be maintained for a period of five years from the date of planting and any which die or are destroyed during this period shall be replaced during the next planting season and maintained until satisfactorily established.

 

Reason: To ensure adequate management and provision of services to serve the development and to ensure that it integrates well within the wider character of the area and the canal in accordance with policy 12 of the adopted Core Strategy.

 

 

4

Construction work shall not begin until detailed plans for protecting the proposed residential development from noise in accordance with the specifications set out in the noise assessment report 14/0275/R1 has been submitted and approved by the local planning authority; all works which form part of the scheme shall be completed before the first occupation of the development

 

Reason:  In the interests of the amenities of future occupiers in accordance with NPPF and the NPPG.

 

 

5

Development shall not commence until a Delivery and Servicing Plan has been submitted to and approved in writing by the local planning authority. The plan shall demonstrate how deliveries and servicing of the development will be managed and coordinated and shall thereafter be operational. The plans shall include detailed swept path analysis for refuse vehicles and other delivery vehicles.

Reason: In the interests of Highway Safety in accordance with policy CS8 of the Core Strategy and saved policy 58 of the local plan.

 

6

No development shall take place until details of measures to recycle and reduce demolition and construction waste which may otherwise go to landfill, together with a site waste management plan (SWMP), shall have been submitted to and approved in writing by the local planning authority. The measures shall be implemented in accordance with the approved details.

 

Reason: To accord with the waste planning policies of the area, Policy CS29 of the Dacorum Core Strategy (September 2013) and saved Policy 129 of the Dacorum Borough Local Plan 1991-2011.

 

 

7

Unless otherwise agreed in writing by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until Conditions (a) to (d) below  have been complied with.  If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until Condition (d) has been complied with in relation to that contamination.

(a)       Site Characterisation

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site.  The contents of the scheme are subject to the approval in writing of the Local Planning Authority.  The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

·                    a survey of the extent, scale and nature of contamination;

(ii)               an assessment of the potential risks to:

(i)    human health,

·        property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

·        adjoining land,

·        groundwaters and surface waters,

·        ecological systems,

·        archeological sites and ancient monuments;

 

·                    an appraisal of remedial options, and proposal of the preferred option(s).

 

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

(b)       Submission of Remediation Scheme

 

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority.  The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.  The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

(c)        Implementation of Approved Remediation Scheme

 

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority.  The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

(d)       Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority.  An investigation and risk assessment must be undertaken in accordance with the requirements of Condition (a) above, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Condition (b), which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with Condition (c).

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 offsite receptors in accordance with Policy CS32 of the adopted Core Strategy.

INFORMATIVE:

The applicant is advised that a guidance document relating to land contamination is available in the Council's website:

http://www.dacorum.gov.uk/default.aspx?page=2247

 

8

Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

Reason:To protect the water environment, including groundwater in accordance with policy CS32 of the Core Strategy. The site is located on a Principal Aquifer, and within a Source Protection Zone 1 which feeds a public water supply.

 

9

No works shall commence on site until a Construction Logistics Plan has been submitted to and approved in writing by the Local Planning Authority. The Construction Logistics Plan should outline construction methodology, the predicted vehicle movements to and from the site, and how the movement of construction vehicles will be managed. The plan shall also include a scheme detailing the provision for on site parking for construction workers during the duration of the construction period. The plan shall be implemented throughout the construction period.

 

Reason:  To manage the movement of vehicles during construction and to ensure adequate off street parking during construction in the interests of Highway Safety in accordance with adopted policy CS8 of the Core Strategy and saved policy 58 of the local plan.

 

11

Following demolition, no development approved by this planning permission, shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

 

1) A preliminary risk assessment which has identified:

(iii)all previous uses,

·        potential contaminants associated with those uses,

·        a conceptual model of the site indicating sources, pathways and receptors,

·        potentially unacceptable risks arising from contamination at the site.

 

2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

 

Reason:To protect the water environment, including groundwater in accordance with policy CS32 of the adopted Core Strategy.

 

12

No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

 

Reason:To protect the water environment, including groundwater in accordance with policy CS32 of the adopted Core Strategy.

 

13

If, during development, contamination not previously identified is found to be present at the site then no further development

(unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

 

Reason:To protect the water environment, including groundwater in accordance with policy CS32 of the Core Strategy. The site is located on a Principal Aquifer, and within a Source Protection Zone 1 which feeds a public water supply.

 

14

Prior to commencement of development, details shall be provide which show that the surface water run-off generated by the 1 in 100 year + climate change critical storm  will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site and details showing 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: To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site and reduce the risk of flooding to the proposed development and future occupants in accordance with the NPPF.

 

15

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

2.         Provide a sustainable drainage system prioritising above ground methods and source control measures.

3.         Where discharging into the Grand Union Canal, confirmation that the exiting 900mm culvert can cater for the proposed discharge rate and volumes.

 

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 in accordance with NPPG.

 

16

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

L4077 013F
L4077 008J
L4077 012F
L4077 014E
Site Location Plan

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

 

Informatives

 

a) Thames Water

 

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.

 

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.

 

b) Secure by Design

 

As of 1st October 2015, Approved Document Q (ADQ) has come in that requires under Building Regulations dwellings are built to “Prevent Unauthorised Access”.  This applies to any “dwelling and any part of a building from which access can be gained to a flat within the building”.  Performance requirements apply to easily accessible doors and windows that provide access in any of the following circumstances: Into a dwelling from outside ,Into parts of a building containing flats from outside ,Into a flat from the common parts of the building.
 

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.

Secured by Design part 2 physical security: If the development were to be built to 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 ,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.  

 

c) The Canal and River Trust

 

The Canal & River Trust offer no right of support to the adjacent property. The land owner should take appropriate steps to ensure that their works do not adversely affect the canal infrastructureat this location.

“The applicant/developer is advised to contact Osi Ivowi, Waterway Engineer on 01908 302 591 in order to ensure that any necessary consents are obtained and that the works comply with the Canal & River Trusts  “Code of Practice for Works affecting the Canal & River” Trust.

 

d) Ecology Informatives

 

“Demolition of the buildings should proceed with caution and in the event of bats or evidence of them being found, work must stop immediately and advice taken on how to proceed lawfully from one of the following: a bat consultant, the UK Bat Helpline: 0845 1300228, Natural England: 0845 6014523, or the Herts & Middlesex Bat Group website: www.hmbg.org.uk ”

"Site clearance should be undertaken outside the bird nesting season, typically March to September inclusive), to protect breeding birds, their nests, eggs and young. 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 nesting period has finished." “If any lighting of the development is required, this should be directed away from the adjacent watercourse to eliminate any potential disturbance to species using this feature (such as foraging and commuting bats)”.

 

Supporting documents: