Agenda item

23/02183/ROC

Variation of Condition 2 (Approved plans) and 4 (Tree Protection Measures) and Condition 5 (Landscaping) attached to planning application 21/02925/FUL - Change of use from Sui Generis to C3 residential. Construction of two pairs of semi-detached dwellings comprising two four-bedroom properties and two-three bedroom properties.

Wigginton Garage, Chesham Road, Wigginton, Tring, Hertfordshire, HP23 6EJ

 

The Case Officer Heather Edey introduced the report to Members and said that the application had been referred to the Committee due to contrary views of the Parish Council.

 

It was proposed by Councillor A Williams and seconded by Councillor Maddern to DELEGATED with a view to APPROVAL.

The committee agreed to add a recommendation on bin storage.

Vote:

 

For:     9          Against:           0          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 the completion of an appropriate assessment in accordance with article 6(3) of the Habitats Directive and securing a mitigation package to mitigate any adverse effects on the integrity of the Chilterns Beechwood Special Area of Conservation (SAC) through financial contributions secured by legal agreement.

 

Condition(s) and Reason(s):

 

 1.        The development hereby permitted shall begin before the expiration of three years from the date of this permission.

            Reason:  To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990, as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

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

           

            WIG-XX-ZZ-DR-A-91-001

            WIG-1/2-ZZ-DR-A-05-001 Rev B

            WIG-1/2-ZZ-DR-A-04-001 Rev B

            WIG-3/4-ZZ-DR-A-04-001 Rev A

            WIG-3/4-ZZ-DR-A-05-001 Rev A

            WIG-1/2-ZZ-DR-A-04-002

            WIG-3/4-ZZ-DR-A-04-002

TGCR/21/PL05

            LP/WGTBWH/020 D

            TPP/WGTBWH/010 B

            Landscaping Statement by David Clarke Chartered Landscape Architect and Consultant Arboriculturist (received September 2023)

            Arboricultural Report by David Clarke Chartered Landscape Architect and Consultant Arboriculturist (dated August 2023)

            CS29 Checklist (July 2021)

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

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

            Reason:  To make sure that the appearance of the building is suitable and that it contributes to the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

 4.        Tree protection measures before and during the construction phases of the development shall be implemented and carried out in accordance with Tree Protection Plan TPP/WGTBWH/010 B and the submitted Arboricultural Report by David Clarke Chartered Landscape Architect and Consultant Arboriculturist (dated August 2023)

            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.        The landscaping works shown on drawing LP/WGTBWH/020 D and detailed within the submitted Landscaping Statement by David Clarke Chartered Landscape Architect and Consultant Arboriculturist (received September 2023) must be carried out within one planting season of completing the development.

                       

            Any tree or shrub which forms part of the approved landscaping scheme which within a period of 5 years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by a tree or shrub of a 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).

 

 6.        No development shall commence until a Construction Management Plan (or Construction Method Statement)* has been submitted to and approved in writing by the Local Planning Authority, including elements of the CLOCS standards as set out in the Highway Authority's Construction Management template. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan.

            The Construction Management Plan / Statement shall include details of:

            a. Construction vehicle numbers, type, routing;

            b. Access arrangements to the site;

            c. Traffic management requirements

            d. Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

            e. Siting and details of wheel washing facilities;

            f. Cleaning of site entrances, site tracks and the adjacent public highway;

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

            h. Provision of sufficient on-site parking prior to commencement of construction activities.

            Reason:  In order to protect highway safety and the amenity of other users of the public highway and rights of way, in accordance with Policies 51 and 54 of the Dacorum Borough Local Plan (2004) and Policy CS8 of the Dacorum Borough Core Strategy (2013).

 

 7.        (a) The development hereby permitted shall not be commenced until a written preliminary environmental risk assessment (Phase I) report containing a Conceptual Site Model that indicates sources, pathways and receptors has been submitted to and approved in writing by the Local Planning Authority. 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 a Site Investigation (Phase II environmental 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 and to ensure a satisfactory development, in accordance with Policy CS32 of the Core Strategy (2013).

 

 8.        Any contamination, other than that reported by virtue of Condition 7 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.

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

 

 9.        Prior to occupation of the development hereby approved, full details of the layout and siting of Electric Vehicle Charging Points and any associated infrastructure shall be submitted to and approved in writing by the local planning authority. The development shall not be occupied until these measures have been provided and these measures shall thereafter be retained fully in accordance with the approved details.     

            Reason: To ensure that adequate provision is made for the charging of electric vehicles in accordance with Policies CS8, CS12 and CS29 of the Dacorum Borough Core Strategy (2013) and the Car Parking Standards Supplementary Planning Document (2020).

 

10.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (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 the dwellings and they shall not be converted or adapted to form living accommodation without the express permission of the local planning authority following the submission of a planning application.

            Reason:  In order to ensure a satisfactory level of off-street parking and to protect highway safety and the amenity of other users of the public highway, in accordance with saved Policies 51 and 54 of the Dacorum Borough Local Plan (2004), Policy CS8 of the Dacorum Borough Core Strategy (2013), Paragraphs 108 and 110 of the National Planning Policy Framework (2019) and the Dacorum Borough Parking Standards Supplementary Parking Document (2020).

 

11.       No building hereby permitted shall be occupied until details of the provisions for the storage and recycling of refuse have been submitted to and approved in writing by the Local Planning Authority.  These arrangements shall thereafter be implemented in accordance with these details and permanently retained.

Reason: To safeguard the residential and visual amenities of the locality, protect the environment and prevent obstruction to pedestrian movement in accordance with saved Policy 129 of the Dacorum Borough Local Plan (2004) and Policy CS29 of the Dacorum Borough Core Strategy (2013).

 

Informatives:

1.              The application to vary Condition 2 (Approved plans), 4 (Tree Protection Measures) and Condition 5 (Landscaping) attached to planning application 21/02925/FUL has been granted. 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.

 

 2.        CONTAMINATION INFORMATIVES

            The Contamination conditions are considered to be in line with the NPPF 2023.

            The Environmental Health Team has a web-page that aims to provide advice to potential developers, which includes a copy of a Planning Advice Note on "Development on Potentially Contaminated Land and/or for a Sensitive Land Use" in use across Hertfordshire and Bedfordshire. This can be found on www.dacorum.gov.uk by searching for contaminated land and I would be grateful if this fact could be passed on to the developers.

2.              ECOLOGY INFORMATIVES

 

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

           

            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.