Agenda item

5c.

24/00368/FHA

Reinstatement of existing 3.5m wide gated access to western end of rear garden. New 5 rail timber field gate.

Spring Lodge, Hollybush Close, Potten End, Berkhamsted, Hertfordshire, HP4 2SN

Robert Freeman introduced the report to Members, on behalf of the Case Officer Martin Stickley, and said that the application had been referred to the Committee as the applicant is a DBC employee.

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

Vote:

For:                  Against:                       Abstained:

11                       0                                    1

Resolved: That planning permission be GRANTED.

RECOMMENDATION

It is recommended that planning permission be granted subject to the conditions below.

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:

            MJT/102 (B) - Proposed Site Plan

MJT/103 (C) - Swept Path Details, Car Parking and Visibility

MJT/104 (B) - Street Scene 

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

 3.        Prior to the first use of the development hereby permitted the vehicular access shall be completed and thereafter retained as shown on drawing MJT/103 (B) in accordance with details/specifications to be submitted to and approved in writing by the Local Planning Authority in consultation with the highway authority in the form of a dropped kerb access. Prior to use appropriate arrangements shall be made for surface water to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

            Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with saved Policy 51 of the Dacorum Borough Core Strategy (2004), Policies CS8 and CS9 of the Dacorum Borough Core Strategy (2013) and Paragraph 115 of the National Planning Policy Framework (2023).

 4.        Prior to the first use of the development hereby permitted a visibility splay shall be provided in full accordance with the details illustrated on the approved drawing number MJT/102 (B). The splay shall thereafter be retained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

            Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with saved Policy 51 of the Dacorum Borough Core Strategy (2004), Policies CS8 and CS9 of the Dacorum Borough Core Strategy (2013) and Paragraph 115 of the National Planning Policy Framework (2023).

 5.        Prior to the first use of the development hereby permitted any access gate, bollard, chain or other means of obstruction shall be installed to open inwards, set back, and thereafter retained (in perpetuity) at a minimum distance of 6 (may be reduced to 5.5) metres from the edge of the highway.

Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with saved Policy 51 of the Dacorum Borough Core Strategy (2004), Policies CS8 and CS9 of the Dacorum Borough Core Strategy (2013) and Paragraph 115 of the National Planning Policy Framework (2023).

Informatives:

 1.        Planning permission has been granted for this proposal. 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.        New or amended vehicle crossover access (section 184): Where works are required within the public highway to facilitate a new or amended vehicular access, the Highway Authority require the construction of such works to be undertaken to their satisfaction and specification, and by a contractor who is authorised to work in the public highway. If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.) the applicant will be required to bear the cost of such removal or alteration.

            Before works commence the applicant will need to apply to the Highway Authority to obtain their permission, requirements and for the work to be carried out on the applicant's behalf. Further information is available via the County Council website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/dropped-kerbs/dropped-kerbs.aspx or by telephoning 0300 1234047.

 3.        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.

 4.        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.

 5.        It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and 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 are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway.