Agenda item
23/02972/MFA Planning application for the change of use from agricultural land to Suitable Accessible Natural Green Space (SANG), together with a vehicular access, car park, paths, fencing and landscaping Proposed SANG Site Castle Hill, Berkhamsted, Hertfordshire
- Meeting of Development Management, Thursday, 11th July, 2024 7.00 pm (Item 5a)
- View the declarations of interest for item 5a
Minutes:
1. The items were heard in the following order
5a
5c
5d
Councillor Mitchell left at 8:40 before item 5b was heard.
5b
5a.
23/02972/MFA
Planning application for the change of use from agricultural land to Suitable Accessible Natural Green Space (SANG), together with a vehicular access, car park, paths, fencing and landscaping
Proposed SANG Site Castle Hill, Berkhamsted, Hertfordshire
Councillor Stevens declared that he is the planning Chair at Berkhamsted Town Council. He confirmed that he was coming to the meeting with an open mind and has taken no part in any discussions regarding this item.
Councillor Walker arrived at 19:25
The Case Officer, James Gardner introduced the report to Members and said that the application had been referred to the Committee due to contrary views of Berkhamsted Town Council.
Emma Burrows spoke in objection to the application.
John Kelly spoke in support of the application.
It was proposed by Councillor Guest and seconded by Councillor Williams to DELEGATE with a view to APPROVAL.
The need for additional public access points were added to Condition 8 and the reasons for the landscaping and fencing conditions were expanded to include avoid impacting alpacas.
Vote:
For: Against: Abstained:
7 0 4
Resolved: That planning permission be DELEGATED with a view to APPROVAL.
RECOMMENDATION
13.1 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.
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:
CSA/6667/115 (Rev. J) SANG Landscape Strategy
CSA/6667/SK03 (Rev. A) SANG Area Exclusion Plan
CSA/6667/SK04 Cricket Ballstrike mitigation fence location plan
CSA/6667/06 (Rev. E) SANG Delivery Framework Document
16-021-039 (Rev. C) Flood Risk Assessment (prepared by Charles & Associates)
16-021-038 Rev B Transport Statement (April 2024)
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 accesses and pedestrian crossing points (including tactile paving) shall be provided in accordance with the approved plan (drawing number 16-021.269 Rev L) and thereafter retained.
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)
4. Prior to the first use of the development hereby permitted, the on-site hardstanding and turning areas shall be laid out, demarcated, levelled and surfaced in accordance with the approved plans and permanently retained thereafter available for that specific use.
Reason:To ensure a satisfactory level of parking in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy, the Dacorum Parking Standards SPD and Natural England guidance in relation to SANG.
5. No development shall commence until a Construction Traffic Management 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 accordance with the approved Plan. The Construction Traffic Management Statement shall include details of:
- Construction vehicle numbers, type;
- Traffic management requirements;
- Construction and storage compounds, including fencing (including areas designated for car parking);
- Timing of construction activities to avoid school pick up/drop off times;
- Provision of sufficient on-site parking prior to commencement of construction activities; and
- Maintenance of access for existing site use(s) and Right of Way.
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 Castle 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.
6. Prior to first use of the development hereby approved, full specifications of the car park barriers (or equivalent) and height restrictions shall 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. The car park barriers (or equivalent) and height restrictions shall be installed in accordance with the approved details and permanently retained thereafter.
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).
7. Notwithstanding the SANG Delivery Framework Document, an updated document shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. It shall include details of benches and two picnic benches along the SANG circular route, with the locations shown on an updated SANG Landscape Strategy Plan. Development shall be carried out in accordance with the approved particulars and fully provided prior to first use of the site.
Reason: To ensure that the site complies with the Natural England SANG Guidelines and the Chiltern Beechwood Mitigation Strategy.
8. Notwithstanding the submitted details, prior to first use of the development hereby approved, an updated landscaping plan shall be submitted to and approved in writing by the local planning authority. The landscaping plan shall include:
- Additional pedestrian accesses into the SANG at each corner of the site where this coincides with a public right of way;
- Full details of SANG signage within the site; and
- Details of landscaping to protect the western boundary of the triangular-shaped paddock land to the north of the Dutch Barn
The development shall subsequently be carried out in accordance with the approved particulars, be in place prior to first use of the development hereby approved and permanently retained and maintained thereafter.
Reason: To ensure an appropriate level of permeability, to maximise public usage of the site, and in the interests of ensuring the safety of livestock in paddock to the north of the Dutch Barn.
9. Should any heritage assets (archaeology) 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 Written Scheme of Investigation shall be submitted to (as soon as practically possible) and approved in writing by, the Local Planning Authority. The scheme shall include an assessment of significance and research questions; and:
a) The programme and methodology of site investigation and recording.
b) The programme for post investigation assessment.
c) Provision to be made for analysis of the site investigation and recording.
d) Provision to be made for publication and dissemination of the analysis and records of the site investigation.
e) Provision to be made for archive deposition of the analysis and records of the site investigation.
f) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
Reason: To ensure that reasonable facilities are made available to record archaeological evidence in accordance with saved Policy 118 of the Dacorum Borough Local Plan (2004), Policy CS27 of the Dacorum Borough Core Strategy (2013) and Paragraph 200 of the National Planning Policy Framework (December 2023).
10. Development shall take place in accordance with the Written Scheme of Investigation approved under Condition 9.
The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 9 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.
Reason: To ensure that reasonable facilities are made available to record archaeological evidence in accordance with saved Policy 118 of the Dacorum Borough Local Plan (2004), Policy CS27 of the Dacorum Borough Core Strategy (2013) and Paragraph 200 of the National Planning Policy Framework (December 2023).
11. Prior to first use of the development hereby approved a scheme of permanent heritage interpretation and display at the site shall have been submitted to and approved in writing by the local planning authority, in accordance with a detailed historical research, materials, design and long-term maintenance proposal and timetable for implementation. The approved scheme of interpretation and the timetable for its implementation shall be carried out in accordance with the approved details.
Reason:To ensure that the public benefits justifying the less than substantial harm to the scheduled monument is secured and maintained in perpetuity, in accordance with Policy CS27 of the Dacorum Local Plan and paragraph 208 of the NPPF.
12. Prior to first use of the development hereby approved a Heritage Management Plan, including a long-term maintenance proposal and timetable shall have been submitted to and approved in writing by the Local Planning Authority. The Heritage Management Plan shall thereafter be implemented in accordance with the approved details.
Reason: The LPA wishes that the legibility and long-term upkeep of the Scheduled Monument and its setting benefits from a detailed management plan to ensure its long term future.
13. Prior to first use of the development hereby approved, full details of the design and specification of the ball stop mitigation, including details of management and maintenance responsibilities, as set out in the Labosport Cricket Ball Strike Assessment (ref: LSUK.24-0203_CBA), shall have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be installed in full before the development is first occupied and thereafter managed and maintained in accordance with the approved details.
Reason: To provide protection for the occupants of the development and their property from potential ball strike from the adjacent playing field or sports facility, to reduce conflict between neighbours and therefore safeguard sporting use of the adjacent sports facilities.
14. Prior to the commencement of development hereby approved, an Arboricultural Method Statement and Tree Protection Plan prepared in accordance with BS5837:2012 (Trees in relation to design, demolition and construction) setting out how trees shown for retention shall be protected during the construction process, shall be submitted to and approved by the Local Planning Authority. No equipment, machinery or materials for the development shall be taken onto the site until these details have been approved. The works must then be carried out according to the approved details and thereafter retained until competition of the development.
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 (December 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. There shall be no use of the SANG car park between sunset and sunrise (as set out by the Met Office). 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).
16. 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.
17. The drainage measures proposed in Appendix D of the Flood Risk Assessment (16-021-039 Rev C) prepared by Charles & Associates shall be implemented prior to first use of the development hereby approved and thereafter permanently retained and maintained.
Reason: To ensure that the site is adequately drained and to avoid the mobilisation of contaminants which could find their way into the aquifer, in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy (2013).
18. Prior to first use of the development hereby approved, a Car Park Management Plan shall be submitted to and approved in writing by the local planning authority. The plan shall include details of measures to prevent use of the car park associated with the development for a period in excess of 3 hours and provide a timeline for the construction / erection of the requisite infrastructure - e.g. ANPR cameras, signage etc.
The Car Park Management Plan shall be implemented concurrently with the site being brought into first use and permanently operated in accordance with the approved details.
Reason: To ensure that sufficient parking is available for the proposed use and that a lack thereof does not result in unacceptable impacts on the local highway network, in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy (2013), Policy 51 of the Dacorum Local Plan (2004) and paragraph 111 of the NPPF (2023).
19. Notwithstanding the details submitted, prior to first use of the development hereby approved, full details of the stock proof fencing shown on drawing no. CSA6667/115 (Rev. J) shall be submitted to and approved in writing by the local planning authority.
The details shall also indicate the provision of stock proof fencing along the southern boundary of the site, contiguous with the boundaries of the dwellings on Castle Hill.
Development shall subsequently be carried out in accordance with the approved particulars, be in place prior to first use of the development hereby approved and permanently retained and maintained thereafter.
Reason: In the interests of the appearance of the area and the safety of livestock in the paddock to the north of the Dutch Barn.
INFORMATIVES
ENVIRONMENTAL HEALTH
Working Hours
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
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
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.
Air Quality
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.
Invasive and Injurious Weeds
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
HIGHWAYS
AN1) 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.
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
AN2) Obstruction of public highway land: 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 website:
AN3) Road Deposits: 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. Further information is available via the website:
AN4) Construction standards for works within the highway: 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. Further information is available via the website:
Supporting documents:
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