Agenda item

5c

23/02874/FUL

Subdivision of dwelling to 2 self contained flats.

 

194 Belswains Lane, Hemel Hempstead, Hertfordshire, HP3 9XA

 

Councillor Maddern declared an interest in the item as she is the Ward Councillor and will be speaking against the item.

 

The Case Officer, Elspeth Palmer, introduced the report to Members and said that the application had been referred to the Committee at the request of Councillor Maddern.

Councillor Maddern is concerned with regards to the loss of a family sized 3-bed home and replacement with 2x 1-bed flats. There is a need for more family homes and to replace one with more flats, and the net loss of one bedroom is unacceptable.

 

Councillor Jan Maddern spoke in objection to the application.

Joseph O'Neil spoke in support of the application.

 

Two additional conditions were added:

Condition 4:

 

Notwithstanding the details shown on Drawing DWL 01, the layout of the first floor flat shall be reversed with the kitchen/dining area positioned to the rear and the bedroom positioned to the front, and this layout shall thereafter be retained.

 

Reason: In the interest of the residential amenity of the neighbouring property in accordance with Policy CS12 of the Dacorum Core Strategy (2013).

 

Condition 5:

The two parking spaces shown in blue on Drawing DWL 03A shall be permanently retained for the use of the development hereby permitted and shall be used for no other purpose.

 

Reason: To ensure a satisfactory parking provision is retained for the residential use and not used by the adjacent commercial premises in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and the Parking Standards Supplementary Planning Document (2020).

 

It was proposed by Councillor Hobson and seconded by Councillor Patterson to DELEGATED with a view to APPROVAL (with the two additional conditions).

 

Vote:

 

For:                  Against:                       Abstained:

5                          2                                   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 securing a mitigation package to avoid any further significant effects on the Chilterns Beechwood Special Area of Conservation (SAC) and subject to the following planning conditions

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:

            Site Location Plan DWL 03

            Proposed Block Plan DWL 03a

            Existing and Proposed Elevations DWL04

            Floor Plans DWL 01

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

 3.        Prior to occupation full details of both hard and soft landscape works to the front of the dwelling must be submitted to and approved in writing by the Local Planning Authority.  These details shall include:

·         all  hard surfaces to the frontage of the site;

·         soft landscape works to the front of the site including  the number, size, species and position of trees, plants and shrubs;

           

            The planting 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 similar species, size and maturity.

            Reason:  To improve the appearance of the development in terms of preventing the frontages of dwellings being dominated by hard stand areas for parking 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).

Condition 4:

Notwithstanding the details shown on Drawing DWL 01, the layout of the first floor flat shall be reversed with the kitchen/dining area positioned to the rear and the bedroom positioned to the front, and this layout shall thereafter be retained.

Reason: In the interest of the residential amenity of the neighbouring property in accordance with Policy CS12 of the Dacorum Core Strategy (2013).

 

Condition 5:

The two parking spaces shown in blue on Drawing DWL 03A shall be permanently retained for the use of the development hereby permitted and shall be used for no other purpose.

Reason: To ensure a satisfactory parking provision is retained for the residential use and not used by the adjacent commercial premises in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and the Parking Standards Supplementary Planning Document (2020).

 

 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.        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.

 3.        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.

 4.        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.

 5.        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.

 6.        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.

 7.        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.

 8.        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.

 9.        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