Agenda item

The Case Officer, Nigel Gibbs, introduced the report to Members and said that the application had been referred to the Committee as it was called in by Councillor Alan Anderson, as well as the recommendation being contrary views of Kings Langley Parish Council’s objections (before noting details of 18.07.2023)

 

Councillor Allan Anderson spoke in objection to the application.

Peter Massingham spoke in support of the application.

 

It was proposed by Councillor Guest and seconded by Councillor Weston to GRANT the application.

 

Vote:

 

For:      11        Against:           1          Abstained: 2

 

Resolved: That planning permission be GRANTED.

 

RECOMMENDATION

 

That planning permission be GRANTED subject to conditions.

 

 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.        No development above slab level shall take place until details of the samples of materials have been submitted and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details. Please do not send materials to the Council offices.

            Reason:  To ensure that the development is compatible with its heritage setting in accordance with Policy CS27 of the Dacorum Borough Core Strategy (2013), Policy 120 of the saved Dacorum Borough Local Plan (2004) and Kings Langley Neighbourhood Plan (2023).

 

INFORMATIVE:Materials should be kept on site and arrangements made for inspection

 3.        No development above slab level shall take place until details of proposed sustainability measures 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.

            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), Kings Langley Neighbourhood Plan (2023) and Paragraphs 154 and 157 of the National Planning Policy Framework (2023).

 4.        Prior to the commencement of development hereby approved, an Arboricultural Method Statement and Tree Protection Plan prepared in accordance with BS5837:2012 (Trees in relation to design, demolition and construction) setting out how trees shown for retention shall be protected during the construction process, shall be submitted to and approved by the Local Planning Authority.  No equipment, machinery or materials for the development shall be taken onto the site until these details have been approved.  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 (2023).

 5.        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 within the application site without the prior written approval of the local planning authority:

            Schedule 2 Part 1 Classes A and E

            Reason: To enable the Local Planning Authority to retain control over the development in the interests of safeguarding the openness of the Green Belt and the setting of Kings Langley Conservation Area in accordance Policies CS5 and CS27 of the Dacorum Borough Core Strategy (2013) and Policy 120 of Dacorum Borough Local Plan (2004).

 

 6.        No development (including demolition) 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: In accordance with Policy CS27 of Dacorum Core Strategy (2013) and Policy 118 of the saved Dacorum Borough Local Plan (2004).

 7.        i) Demolition/development shall take place in accordance with the Written Scheme of Investigation approved under Condition 6.

            ii) Each phase of the development shall not be occupied until the site investigation has been completed and the provision made for analysis in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 6. The final phase of development shall not be occupied until the site investigation has been completed and the provision made for analysis in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 6 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

            Reason: In accordance with Policy CS27 of Dacorum Core Strategy (2013) and Policy 118 of the saved Dacorum Borough Local Plan (2004).

 8.        Any exterior lighting serving the development hereby permitted shall only be installed fully in accordance with details submitted to and approved in writing by the local planning authority. Once installed the approved lighting shall thereafter be retained and maintained fully in accordance with the approved details.

           

            Reason: In the interests of the environment, in accordance with Policy CS32 of the Dacorum Borough Core Strategy (2013) , Policy 113 and Appendix 8 of the saved Dacorum Borough Local ( 2004), and Paragraph185 (c) of the National Planning Policy Framework (2023).

 9.        The dwelling shall be constructed to meet as a minimum the higher Building Regulation standard Part G for water consumption limited to 110 litres per person per day using the fittings approach.

            Reason: The site is in an area of serious water stress requiring water efficiency opportunities to be maximised; to mitigate the impacts of climate change; in the interests of sustainability; to use natural resources prudently in accordance with the National Planning Policy Framework (2023), Policy CS29 of the Dacorum Core Strategy (2013) and the expectations of Thames Water.

10.       Subject to the requirements of the other conditions of this planning permission the development hereby permitted shall be carried out fully in accordance with the following originally submitted plans with the numbering confirmed by the Agent's e mail dated 29 November 2023 to the local planning authority:

           

            Site Location Plan dm/p/20220124101

            Proposed block plan - drawing No. 2

            Existing plans and elevations - Drawing No. 20220124/03

            Proposed dwelling plans and elevations - Drawing No.3

            Proposed garage plans - Drawing No.1

 

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

 

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.        Informatives recommended by the Council's Environmental and Community Protection Team

            Working Hours Informative

            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.

            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.

            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.

            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.

            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

 

 3.        Scheduled Ancient Monument

            The applicant should be aware that any works that extend into the scheduled monument will require Scheduled Monument Consent.

 4.        Response from Thames Water

            Waste Comments

            Thames Water would advise that with regard to WASTE WATER NETWORK and SEWAGE TREATMENT WORKS infrastructure capacity, we would not have any objection to the above planning application, based on the information provided.

            With regard to SURFACE WATER drainage, Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water we would have no objection.

            Management of surface water from new developments should follow guidance under sections 167 & 168 in the National Planning Policy Framework.  Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. Should you require further information please refer to our website. https://www.thameswater.co.uk/developers/larger-scale-developments/planning-your-development/working-near-our-pipes

            Thames Water recognises this catchment is subject to high infiltration flows during certain groundwater conditions. The scale of the proposed development doesn't materially affect the sewer network and as such we have no objection, however care needs to be taken when designing new networks to ensure they don't surcharge and cause flooding. In the longer term Thames Water, along with other partners, are working on a strategy to reduce groundwater entering the sewer networks.

            Thames Water recognises this catchment is subject to high infiltration flows during certain groundwater conditions. The developer should liaise with the LLFA to agree an appropriate sustainable surface water strategy following the sequential approach before considering connection to the public sewer network. The scale of the proposed development doesn't materially affect the sewer network and as such we have no objection, however care needs to be taken when designing new networks to ensure they don't surcharge and cause flooding. In the longer term Thames Water, along with other partners, are working on a strategy to reduce groundwater entering the sewer network.

            There are public sewers crossing or close to your development. If you're planning significant work near our sewers, it's important that you minimize the risk of damage. We'll need to check that your development doesn't limit repair or maintenance activities, or inhibit the services we provide in any other way. The applicant is advised to read our guide working near or diverting our pipes. https://www.thameswater.co.uk/developers/larger-scale-developments/planning-your-development/working-near-our-pipes

            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.

 5.        Hertfordshire County Council Highway Informatives

            AN 1) 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.

            AN 2) 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.

           

            AN 3) 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.

 6.        Ministry of Defence Response

            MOD Safeguarding - SITE OUTSIDE SAFEGUARDING AREA (SOSA)

            Proposal: Construction of a replacement dwelling and part demolition of garage.

            Location: The Barn 1 Chipperfield Road Kings Langley Hertfordshire WD4 9JB

            Grid Ref: Easting: Northing: 506361 202774

            506380 202712

            506397 202714

            506387 202777

            Thank you for consulting the Ministry of Defence (MOD) on the above proposed development. The consultation correspondence was received by this office on 18 July 2023.

            The Defence Infrastructure Organisation (DIO) Safeguarding Team represents the Ministry of Defence (MOD) as a consultee in UK planning and energy consenting systems to ensure that development does not compromise or degrade the operation of defence sites such as aerodromes, explosives storage sites, air weapon ranges, and technical sites or training resources such as the Military Low Flying System.

            This is a full application with amended information for the construction of a replacement dwelling and Bpart demolition of a garage. The dwelling will now have a ridge height of 9.2m, and the proposed triple garage will be a double bay garage.

            After reviewing the application documents, I can confirm the MOD has no safeguarding objections to this proposal.

            Assistant Safeguarding Manager

            Ministry of Defence

            Safeguarding Department

            St George's House

            DIO Headquarters

            DMS Whittington

            Lichfield

            Staffordshire

            WS14 9PY

            The MOD must emphasise that the advice provided within this letter is in response to the data and information detailed in the developer's document titled "Planning Statement", "Proposed Garage Drawing" and "Proposed Dwelling Plans" dated April 2023. Any variation of the parameters (which include the location, dimensions, form, and finishing materials) detailed may significantly alter how the development relates to MOD safeguarding requirements and cause adverse impacts to safeguarded defence assets or capabilities. In the event that any amendment, whether considered material or not by the determining authority, is submitted for approval, the MOD should be consulted and provided with adequate time to carry out assessments and provide a formal response.

            I trust this is clear however should you have any questions please do not hesitate to contact me.

 7.        Contaminated Land Informative 1

            In the event that contamination is found 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.

 8.        Contaminated Land Informative 2

            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.

 9.        Bats

            If bats, or evidence for them, are discovered during the course of 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.

10.       Birds

            In order to protect breeding birds, their nests, eggs and young, development should only be carried out during the period October to February inclusive. If this is not possible then a pre-development (i.e. no greater than 48 hours before clearance begins) search of the area should be made by a suitably experienced ecologist. If active nests are found, then works must be delayed until the birds have left the nest or professional ecological advice taken on how best to proceed.

11.       Other wildlife

            Any excavations left open overnight should be covered or have mammal ramps (reinforced plywood board >60cm wide set at an angle of no greater than 30 degrees to the base of the pit) to ensure that any animals that enter can safely escape. Any open pipework with an outside diameter of greater than 120mm must be covered at the end of each working day to prevent animals entering / becoming trapped.