Agenda item

5e.

24/00609/FUL

Demolition of existing garage and construction of a 4 bed dwelling and 3 bed dwelling

 

21 Wood Lane End, Hemel Hempstead

 

The Case Officer, Robert Freeman, introduced the report to Members and said that the application had been referred to the Committee at the request of Councillor Pesch.The Case Officer recommended that an additional condition, removing Class A and E permitted development rights, be added to any approval.

 

It was proposed by Councillor Guest and seconded by Councillor Durrant to DELEGATE WITH A VIEW TO APPROVAL (with the additional condition).

Vote:

 

For:                  Against:                       Abstained:

9                      0                                              3

 

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL.

RECOMMENDATION.

 

10.1     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.

 

Conditions and Reasons:

 

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:

 

LO-001 (Location Plan)

PL-001 Revision C (Block Plan)

PL-002 Revision A (Plans and Elevations)

 

Arboricutural Survey by Arbtech dated 30^th January 2024

Design and Access Statement by bhd Architecture, Planning and Design dated March 2024

Habitat and Protected Species Report by Paul Hicking Associates dated March 2024

 

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

 

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.

 

3.         No development (excluding demolition/ground investigations) shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.  Please do not send materials to the Council offices.  Materials should be kept on site and arrangements made with the Planning Officer for inspection.

 

Reason:  To ensure satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

4.         No construction of the superstructure shall take place until full details of both hard and soft landscape works has been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

 

- all external hard surfaces within the site;

- other surfacing materials;

- means of enclosure;

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

- minor artefacts and structures (e.g. furniture, play equipment, signs, refuse or other storage units, etc.);

- measures to encourage and increase the biodiversity value of the application site

- details of finished floor, ridge and eaves heights in respect of existing and proposed ground levels and neighbouring properties and

- details of any external lighting and associate lux levels

- retained historic landscape features and proposals for restoration, where relevant.

 

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 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.         No development shall take place until tree protection measures have been provided in accordance with details to be submitted to and approved in writing by the local planning authority. The tree protection measures shall be retained for the duration of construction activity in accordance with the approved details.

 

Reason: To ensure the adequate protection of trees in accordance with Policies CS12 and CS26 of the Core Strategy and Saved Policy 99 of the Local Plan

 

6.         No development, shall take place until a Phase I Report to assess the actual or potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority.  If actual or potential contamination and/or ground gas risks are identified, further investigation shall be carried out and a Phase II report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  If the Phase II report establishes that remediation or protection measures are necessary, a Remediation Statement shall be submitted to and approved in writing by the Local Planning Authority.

 

For the purposes of this condition:

 

(i)  A Phase I Report consists of a desk study, site walkover, conceptual model and a preliminary risk assessment.  The desk study comprises a search of available information and historical maps which can be used to identify the likelihood of contamination.  A simple walkover survey of the site is conducted to identify pollution linkages not obvious from desk studies.  Using the information gathered, a 'conceptual model' of the site is constructed and a preliminary risk assessment is carried out.

 

(ii)  A Phase II Report consists of an intrusive site investigation and risk assessment. The report should make recommendations for further investigation and assessment where required.

 

(iii)  A Remediation Statement details actions to be carried out and timescales so that contamination no longer presents a risk to site users, property, the environment or ecological systems.

 

Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Policy CS32 of the Dacorum Borough Core Strategy (2013) and Paragraphs 189 and 191 of the National Planning Policy Framework (December 2023).The development hereby permitted shall not be occupied until:

 

7.       All remediation or protection measures identified in the Remediation Statement referred to in Condition 6; above shall be fully implemented within the timescales and by the deadlines as set out in the Remediation Statement and a Site Completion Report shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any part of the development hereby permitted.

For the purposes of this condition: a Site Completion Report shall record all the investigation and remedial or protection actions carried out. It shall detail all conclusions and actions taken at each stage of the works including validation work.  It shall contain quality assurance and validation results providing evidence that the site has been remediated to a standard suitable for the approved use.

 

Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Policy CS32 of the Dacorum Borough Core Strategy (2013) and Paragraphs 189 and 191 of the National Planning Policy Framework (December 2023).

 

8,         Should any ground contamination be 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 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 and to ensure a satisfactory development, in accordance with Policy CS32 of the Dacorum Borough Core Strategy and the National Planning Policy Framework (December 2023). The safe and secure occupancy of the site, in respect of land contamination, lies with the developer.

 

9.         The development hereby permitted shall not be occupied until details of the sustainable construction measures incorporated within the development have been submitted to and approved in writing by the local planning authority. The development shall be carried out fully in accordance with the approved details prior to occupation.

 

Reason: To ensure that appropriate sustainable construction measures are incorporated in the design of the proposals in accordance with Policy CS29 of the Core Strategy.

           

10.       Prior to the first occupation hereby permitted the vehicular access improvements, as indicated on drawing number PL-001 C, shall be completed and thereafter retained in accordance with details/specifications that have been submitted to and approved in writing by the Local Planning Authority

 

Reason: To ensure that adequate provisions are made for access to the site in the interests of highways and pedestrian safety in accordance with Policies CS8 and CS12 of the Core Strategy and the Car Parking Standards SPD (2020)

 

Additional Condition

 

1.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order amending or re-enacting that Order with or without modification) no development falling within the following classes of the Order shall be carried out without the prior written approval of the Local Planning Authority:

 

Schedule 2, Part 1, Class A and E.

 

Reason:  To ensure the adequate provision of amenity space for future residents and to ensure that there is no encroachment on Maylands Wood in accordance with Policies CS12 and CS26 of the Core Strategy, Saved Policy 99 and Appendix 3 of the Local Plan 1991-2011.

 

 

INFORMATIVE

 

Article 35

 

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

 

Highway Informatives

 

Works within the highway (section 278):

 

The applicant is advised that in order to comply with this 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

 

Storage of materials:

 

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.

 

Obstruction of highway:

 

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.

 

Debris and deposits on the highway:

 

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 highwa

 

           

            Working Hours Informative

 

            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.

 

            Construction Dust Informative

 

            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.

 

            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.

 

            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

 

            Protected Species

 

            If bats, or evidence for them, are discovered during the course of 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.

 

            To avoid creating refugia that may be utilised by wildlife, materials should be carefully stored on-site on raised pallets and away from the boundary habitats. Any trenches on site should be covered at night or have ramps to ensure that any animals that enter can safely escape, and this is particularly important if excavations fill with water. Any open pipework with an outside diameter greater than 120mm must be covered at the end of each working day to prevent animals entering / becoming trapped.

 

            In order to protect breeding birds, their nests, eggs and young, demolition or vegetation clearance should only be carried out during the period October to February inclusive. If this is not possible then a pre-development (i.e. no greater than 48 hours before clearance begins) search of the area should be made by a suitably experienced ecologist. If active nests are found, then works must be delayed until the birds have left the nest or professional ecological advice taken on how best to proceed.