Agenda item

5b. 23/02805/FUL

Proposed Electric Vehicle (EV) Charging Station and Cafe

Land opposite The Eagle Public House, Hempstead Road, Kings Langley

 

Councillor Anderson declared an interest in item 5b and was speaking against the item. He declared that he would not participate in the discussion or the voting.

 

The Case Officer, Robert Freeman introduced the report to Members and said that the application had been referred to the Committee due to objections of Kings Langley Parish Council to the application and given the previous refusal of a planning application for an EV Charging Station at this site by the Development Management Committee. Kings Langley Parish Council consider the proposals to be inappropriate development in the Green Belt in view of its scale and nature.

Ward Councillor Alan Anderson spoke in objection to the application.

Planning Consultant Holly Mitchell spoke in support of the application.

It was proposed by Councillor Smith-Wright and seconded by Councillor Patterson to GRANT the application.

Vote:

 

For:                  Against:                       Abstained:

5                      4                                  1

 

Resolved: That planning permission be GRANTED.

That planning permission be GRANTED subject to the conditions below:

 

Conditions:

 

            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:

 

            E001 Issue 0 (Site Location Plan)

            P100 Issue 2 (Proposed Site Layout)

            P101 Issue 1 (Proposed Landscaping)

P200 Issue 2 (Floor Plans)

P400 Issue 0 (Proposed Sections)

P450 Issue 2 (Elevations)

 

Biodiversity Net Gain Assessment by Aval Consulting Group dated November 2023

Design and Access Statement by Paper Architecture

Drainage Strategy by Patrick Parsons dated November 2023

Energy and Sustainability Statement by Aval Consulting Group dated November 2023

            Planning Statement by simplyplanning dated November 2023

            Preliminary Ecology Appraisal Revision C by Aval Consulting Group dated November 2023

            Transport Assessment by Aval Consulting Group dated November 2023

 

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

 

3.         No development of the superstructure shall take place until full details and samples of the materials to be used on the external surfaces have been submitted to and approved in writing by the local planning authority. These details shall include details of any variation to the spacing and arrangement of cladding upon the principle elevations of the building hereby approved. The development shall be carried out in accordance with the approved details.

 

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.         No development shall take place, until full details of hard and soft landscaping works shall have been submitted to and approved in writing by the local planning authority. These details shall include:

 

-  details of the location and nature of tree any tree protection measures,

-  all external hard surfaces within the site,

-  all means of enclosure to the site,

- soft landscaping works including a planting scheme with the number, size, species and position of trees, plants and shrubs,

- cross sectional details and planting plans or the proposed pond,

- minor artefacts and structures and

- a detailed landscape and ecological maintenance and management plan.

 

All planting shall be completed within one planting season of the first use of 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 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

 

5.         The development, hereby permitted, shall not be brought into use until a lighting strategy including lux diagrams showing the extent of coverage of external lighting shall be submitted to and approved in writing. The building shall only be illuminated in accordance with the approved lighting strategy.

 

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

 

6.         No development shall take place, until full details of the Electric Vehicle chargers have been submitted to and approved in writing by the local planning authority. These technical specifications shall provide for the rapid charging of Electric Vehicles. The charging infrastructure shall be provided fully in accordance with the approved details and shall thereafter be permanently maintained.

 

Reason: To ensure construction of a satisfactory development in accordance with Policies CS8, CS12 and CS29 of the Core Strategy.

 

7.         No development shall commence until full details have been submitted to and approved in writing by the Local Planning Authority to illustrate the following:

 

a)  Clarification as to how vehicles entering the EV site would safely enter from the Hempstead Road without interfering with any vehicles exiting the existing petrol station site and

b) measures given to giving priority to vehicles entering the EV site to prevent vehicles potentially waiting and causing an obstruction on the highway, whilst another vehicle exits the petrol station site.

c) signage and associated highway markings.

 

Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policy 5 of Hertfordshire’s Local Transport Plan (adopted 2018).

 

8.         The proposed access shall not be used until such time as the measures approved in accordance with condition 7 have been provided fully in accordance with the approved details. Prior to the first use of the development hereby permitted the proposed internal access roads, on-site car parking and turning areas shall be laid out, demarcated, surfaced and drained in accordance with the approved plan and 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 Policy 5 of Hertfordshire’s Local Transport Plan (adopted 2018).

 

9.         Prior to the commencement of development a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The plan should consider all phases (excluding demolition) of the development.  The construction of the development shall only be carried out in accordance with the approved Construction Management Plan which shall include details of:

 

            -     construction vehicle numbers, type and routing;

            -     traffic management requirements;

-       construction and storage compounds (including areas designated for car parking);

-       siting and details of wheel washing facilities;

-       cleaning of site entrances, site tracks and the adjacent public highway;

-       timing of construction activities (to avoid school pick up/drop off times);

-       provision of sufficient on-site parking prior to commencement of construction activities;

-       post construction restoration/reinstatement of the working areas and temporary access to the public highway;

-       construction or demolition hours of operation; and

-       dust and noise control measures.

 

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), Policy CS8 of the Dacorum Borough Core Strategy (2013) and the National Planning Policy Framework

 

10        The development hereby approved shall be carried out in accordance with the Energy and Sustainability Statement by Aval Consulting Group dated November 2023 unless otherwise agreed in writing with the Local Planning Authority.

 

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) and Paragraphs 154 and 157 of the National Planning Policy Framework (2021).

 

11        The development hereby approved shall not be occupied until the measures identified for the drainage of foul and surface water have been provided in accordance with the details in the Drainage Strategy by Patrick Parsons dated November 2023.

 

            Reason: To ensure that appropriate provision for drainage of the site in accordance with Policies CS31 and CS32 of the Core Strategy.

 

12.       The development hereby permitted shall not be brought into use until a Parking Plan, showing the location of parking spaces for employees, has been submitted and approved by the Local Planning Authority. Employee vehicles shall thereafter only park in the approved employee parking spaces. The remaining parking spaces shall only be occupied by Electric Vehicles.

 

Reason: This development is inappropriate development and has only been granted due to the very special circumstance of providing electric vehicle charging points and associated linked facilities. As such this condition is required to ensure that the use of the associated hub remains ancillary to the use of the charging facilities hereby permitted in the interests of the openness and visual amenity of the Green Belt in accordance with the NPPF and Policy CS5 of the Core Strategy.

 

13.       Should any ground contamination be suspected or encountered during the construction of the development hereby approved (including groundworks), works shall be temporarily suspended, unless otherwise agreed in writing by the Local Planning Authority, and a Contamination Remediation Scheme shall be submitted to (as soon as practically possible) and approved in writing by, the Local Planning Authority. The Contamination Remediation Scheme shall detail all measures required to render this contamination harmless and all approved measures shall subsequently be fully implemented prior to the first occupation of the development hereby approved. Should no ground contamination be encountered or suspected upon the completion of the groundworks, a statement to that effect, with supporting documentation e.g. photographic record of ground conditions and geotechnical logs (if applicable), 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

 

Planning permission has been granted for this proposal. The applicants have provided amendments to the planning submission in accordance with officer advice and this has resulted in an acceptable form of development. The Council has therefore acted pro-actively in line with the requirements of the Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

 

Birds

 

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.

 

Contamination

 

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.

 

Environmental Health

 

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

 

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.

 

Highways

 

Extent of Highway:

 

Information on obtaining the extent of public highway around the site can be obtained from the HCC website:

 

www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/extent-of-highways.aspx

 

Agreement with Highway Authority:

 

The applicant is advised that in order to comply with any planning permission it will be necessary for the developer of the site to enter into an agreement with Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and associated road improvements. The construction of such works must be undertaken to the satisfaction and specification of the Highway Authority, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the website:

 

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx

 

Protected Species

 

It is an offence to take or disturb the breeding or resting location of protected species, which include: all Bats, Badger, Otter, Hazel dormouse, Water vole, Reptiles (Common lizard, Slow- worm, Grass snake), Great crested newt, wild birds and Roman snail. Precautionary measures should be taken to avoid harm where appropriate. If protected species, or evidence of them, is discovered during the course of any development, works should stop immediately and advice sought as to how to proceed. This may be obtained from Natural England: 0300 060 3900 or a suitably qualified ecological consultant.

 

Rail Infrastructure

 

BAPA (Basic Asset Protection Agreement)

 

As the proposal includes works which could impact the existing operational railway and in order to facilitate the above, a BAPA (Basic Asset Protection Agreement) will need to be agreed between the developer and Network Rail. The developer will be liable for all costs incurred by Network Rail in facilitating this proposal, including any railway site safety costs, possession costs, asset protection costs / presence, site visits, review and agreement of proposal documents and any buried services searches. The BAPA will be in addition to any planning consent.

 

No works should take place until Network Rail are involved and approve works. Future works please use the Link to ASPRO ACE Portal for all new enquiries ASPRO Network Rail Implementation (oraclecloud.com)

 

No works are to commence until agreed with Network Rail. Early engagement with Network Rail is strongly recommended.