Agenda item

5a.

 

23/02508/MFA Change of use from agricultural land to a Suitable Alternative Natural Greenspace (SANG) together with provision of a new car park

 

Haresfoot Farm (Commercial) Chesham Road Berkhamsted Hertfordshire HP4 2SU

 

Cllr Stevens declared an interest in the item, as he is the Chair of Berkhamsted Town Council Planning Committee. He confirmed that he had taken no part in any discussions and left the meeting when this item was discussed. He confirmed that he was coming to the meeting with an open mind.

 

The Head of Development Management, Philip Stanley, introduced the report on behalf of the Case Officer, James Gardner, and said that the application had been referred to the Committee due to the contrary views of Berkhamsted Town Council.

 

Town Councillor Kevin Fielding and Residents Mr Bannister and Mr Davies spoke in objection to the application.

Jonathan Locke spoke in support of the application.

 

Cllr Anderson proposed two additional Informatives:

 

1. Every effort shall be made to ensure that the acoustic fencing reduces its visual impact on the users of the bridleway and does not hinder the free movement of wildlife.
2. Due attention is paid to the characteristics of White Hill and every effort shall be made to alleviate the impact of any increase in traffic flow on White Hill.

It was proposed by Councillor Riddick and seconded by Councillor Anderson toDELEGATE WITH A VIEW TO APPROVAL (with the two additional Informatives)

 

Vote:

 

For:                  Against:                       Abstained:

 

9                      1                                              1

 

Resolved: That planning permission beDELEGATED WITH A VIEW TO APPROVAL.

 

RECOMMENDATION

 

That planning permission be delegated with a view to APPROVAL subject to the completion of a section 106 agreement which secures, inter alia, the management and maintenance of the land as SANG for a minimum period of 80 years, with the Conditions and Informatives in the Officer Report, and the two additional Informatives.

 

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:

            8319.PP.3.0     Rev. D     Planting Plan Overview

            8319.PP.3.1     Rev. D     Planting Plan 1 of 6

            8319.PP.3.2     Rev. D     Planting Plan 2 of 6

            8319.PP.3.3     Rev. D     Planting Plan 3 of 6

            8319.PP.3.5     Rev. D     Planting Plan 4 of 6

            8319.PP.3.5     Rev. D     Planting Plan 5 of 6

            8319.PP.3.6     Rev. C     Planting Plan 6 of 6

            B25013 JNP 66 XX DR D 7009     Rev. P05     Haresfoot Farm SANG - Car Park Access Design

            B25013 JNP 66 XX DR D 7011     Rev. P04     Haresfoot Farm SANG - Car Park Design

            8319.LEMP.002     Landscape and Ecological Management Plan (received on 8th February 2024).

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

 3.        Prior to first use of the development hereby permitted, the acoustic fence shown on drawing no. 8319.PP.3.1 (Rev. C) Planting Plan 1 of 6 shall be erected and thereafter permanently retained. The acoustic fence shall be of solid construction and have a minimum mass per unit area of 10kg/m2.

            Reason: To comply with SANG criteria set out in Table 4 of the Mitigation Strategy for Ashridge Commons and Woods Site of Special Scientific Interest (2022).

 4.        Notwithstanding the details indicated on the submitted drawings, no on-site works above slab level shall commence until a detailed scheme for the necessary offsite highway improvement works, as indicated on drawing numbers B25013-JNP-66-XX-DR-D-7009 P05 and B25013-JNP-66-XX-DR-D-7011 P04, have been submitted to and approved in writing by the Local Planning Authority. These works shall include:

            - New bellmouth access and any associated works.

            - Temporary construction access arrangements.

            Reason: To ensure construction of a satisfactory development and that the highway improvement works are designed to an appropriate standard in the interest of highway safety and amenity and in accordance with

 5.        Prior to the first use of the development hereby permitted the offsite highway improvement works referred to in Condition 4 shall be completed in accordance with the approved details.

            Reason: To ensure construction of a satisfactory development and that the highway improvement works are designed to an appropriate standard in the interest of highway safety and amenity and in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy (2013) and Policies 51 and 54 of the Dacorum Borough Local Plan (2004).

 6.        Prior to the first use of the development hereby permitted, the proposed access, necessary highway works, on-site hardstanding and turning areas shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plans and permanently retained thereafter available for that specific use.

            Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy (2013) and Policies 51 and 54 of the Dacorum Borough Local Plan (2004).

 7.        Notwithstanding the details indicated on the submitted drawings, no on-site works above slab level shall commence until full specifications of the car park barrier (or equivalent) and height restrictions have been submitted to and approved in writing by the local planning authority. The details provided shall include, but not be limited to, colour, manufacturer, height and means of operation.

            Reason: To ensure that the design of barrier is sympathetic to the rural character of the area in accordance with Policies CS11 and CS12 of the Dacorum Core Strategy (2013).

 8.        No development shall commence until a Construction Management Plan / Statement has been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in strict accordance with the approved Plan:

            The Construction Management Plan / Statement shall include details of:

a)    Construction vehicle numbers, type;

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.

           

            Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way in accordance with Policy CS8 of the Dacorum Core Strategy (2013), Policies 51 and 55 of the Dacorum Borough Local Plan (2004) and Paragraphs 114 and 116 of the National Planning Policy Framework (2023).

            This condition needs to be pre-commencement because any disruption to White Hill by construction traffic / contractor parking could result in an unacceptable impact on the free flow of traffic and potentially be detrimental to highway safety.

 9.        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.        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.

                   iii.        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.

                This condition needs to be pre-commencement as the risks to site operatives and future site users

needs to be fully understood prior to the mobilisation of any contaminants and in order to ensure that appropriate mitigation takes place, which might not be possible at a later stage.

10.       Any contamination, other than that reported by virtue of Condition 9, 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.

            INFORMATIVE:

            The above conditions are considered to be in line with paragraphs 180 (e) & (f) and 189 and 190 of the NPPF 2023.

            Guidance on how to assess and manage the risks from land contamination can be found here:https://www.gov.uk/government/publications/land-contamination-risk-management-lcrm and here: https://www.dacorum.gov.uk/docs/default-source/environment-health/development-on-potentially-contaminated-land.pdf?sfvrsn=c00f109f_8

11.       Prior to first use of the development hereby permitted, the gaps between the post and rail fence around the perimeter of the car park shall be infilled with stock netting and thereafter permanently retained and maintained, as appropriate.

            Reason: To comply with SANG criteria set out in Table 4 of the Mitigation Strategy for Ashridge Commons and Woods Site of Special Scientific Interest (2022).

12.       Prior to first use of the development hereby permitted, full details of information boards and/or signage at access points outlining the layout of the site and routes available to visitors shall be submitted to and approved in writing by the local planning authority. The approved information boards and / or signage shall be erected in accordance with the approved particulars prior to first use and permanently retained thereafter.

            Reason: To comply with SANG criteria set out in Table 4 of the Mitigation Strategy for Ashridge Commons and Woods Site of Special Scientific Interest (2022)

13.       Prior to first use of the development hereby permitted, the tree protection fencing shown on drawing nos. 8319.PP.3.0 (Rev. C), 8319.PP.3.1 (Rev. C) and 8319.PP.3.2 (Rev. C) shall be erected and permanently retained thereafter.

            Reason: To ensure the protection of trees with high amenity value in accordance with CS12 of the Dacorum Core Strategy (2013) and Policy 99 of the Dacorum Local Plan (2004).

 

14.       Construction of the SANG pathways shall not commence until full details of the tree protection measures for the group of eight trees shown on drawing no. 8319.PP.3.4 (Rev C) as being retained have been submitted to and approved in writing by the Local Planning Authority. These measures shall be set out in a detailed Arboricultural Method Statement, which includes the specification, location and type of protective fencing, the timings for the erection and removal of the protective fencing, the details of any hard surfacing and underground services proposed within the root protection areas, all to be in accordance with the British Standard for Trees in Relation to Construction 5837: 2012, and the monitoring of tree protection measures during construction. All tree protective measures shall be carried out as set out in strict accordance with the approved Arboricultural Method Statement throughout construction.                   

            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 180 of the National Planning Policy Framework (2023).

            This condition needs to be pre-commencement as insufficient information has been provided to satisfy the Local Planning Authority that damage to trees would not occur, and as trees being living organisms, this damage could be irreparable.

15.       No on-site works above slab level shall take place until a specification for the section of SANG footpath which crosses the public footpath has been submitted to and approved in writing by the local planning authority.

            Development shall subsequently be carried out in accordance with the approved particulars.

            Reason: To ensure that the existing public right of way is afforded appropriate protection in accordance with Policy 79 of the Dacorum Borough Local Plan (2004).

            INFORMATIVE:

            Where the SANG footpaths cross the public footpath, it is not desirable to have timber edged surfacing for at least a 2m width, as the timber often becomes a hazard, particularly for tripping but also trapping water, erosion and breaking/splintering. The specification should, therefore, avoid the use of timber edged surfacing for at least a 2m width and include a shallow crossfall / camber.

16.       No on-site works above slab level shall take place until full details of the access arrangements at the interface of Public Right of Way 41 and the acoustic fence have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved particulars and permanently retained thereafter.

To ensure that the existing public right of way is afforded appropriate protection in accordance with Policy 79 of the Dacorum Borough Local Plan (2004).

INFORMATIVE:

The access arrangements will need to be such that members of the public will not be

dissuaded from using the public right of way.

17.       There shall be no use of the SANG car park between sunset and sunrise. During these hours the gate / barrier(s) to the site shall be permanently locked, and details of its operation are to be submitted to and approved in writing by the local planning authority prior to the car park being first brought into use.

Reason: In the interests of the amenity of neighbouring properties and in order to reduce /

limit the potential / fear of crime, in accordance with Policy CS12 of the Dacorum Core

Strategy (2013) and Paragraph 96 (b) of the National Planning Policy Framework (2023).

18.       The SANG shall be permanently open to members of the public 7 days per week, 365 days a year for no charge.

Reason: To ensure that the site offers a credible alternative to Ashridge Woods and

Common for the purposes of outdoor recreation, and for the avoidance of doubt.