Agenda item

5a.

24/00087/FUL

Development of a terrace of three houses with associated access arrangements, following demolition of existing sheds

 

Rosemary Cottage, 126 High Street, Northchurch, Berkhamsted Hertfordshire, HP4 3QS

 

Councillor Smith-Wright declared a personal interest as she has connections with the owners at the cottage so she will not be voting or taking part in the discussion.

 

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 Northchurch Parish Councillor.

 

Gavin Ress and Parish Councillor Mark Somervail spoke in objection to the application.

Christopher Higginbottom spoke in support of the application.

 

It was proposed by Councillor Maddern and seconded by Councillor Bristow to DELEGATE with a view to APPROVAL.

 

Vote:

 

For:                 Against:                       Abstained:

 

7                                  2                                  1

 

Resolved: That planning permission be DELEGATE with a view to APPROVAL.

12. RECOMMENDATION

 

12.1 That planning permission be DELEGATED with a view to APPROVAL subject to a Section 106 legal agreement securing a mitigation package to avoid any further significant effects on the Chilterns Beechwoods Special Area of Conservation, and the expiry of the Article 13 Notice period in respect of Bellwinch Homes Ltd with no new material planning considerations being raised.

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:

            556 / TP / 001                  Site Location Plan

            556 / TP / 002   Rev. C    Proposed Site Layout Plan

            556 / TP / 003                  Proposed Floor Plans

            556 / TP / 004   Rev. A    Proposed Front Elevation / Section Through Site

            556 / TP / 005   Rev. A    Proposed Rear and Side Elevations

           

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

 3.        No development above slab level shall take place until details of the materials to be used in the construction of the external surfaces of the dwellings hereby approved has been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.

            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).

            INFORMATIVE:

            Please do not send materials to the Council offices.  Materials should be kept on site and arrangements made with the Planning Officer for inspection.

 4.        No development above slab level 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.); and

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

           

            The approved planting must be carried out within one planting season of completing the development and the approved hard landscape works shall be completed prior to first occupation of the dwellings.

            Any tree or shrub which forms part of the approved landscaping scheme which within a period of 3 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 (2013).

 5.        Prior to the first occupation of the development hereby permitted the vehicular access shall be completed and thereafter retained as shown on drawing number 556 / TP / 002 C (Proposed Site Layout Plan) as a dropped kerb and vehicle crossover.

            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)

 

 6.        Prior to first occupation of the development hereby approved, arrangements shall be made for surface water to be intercepted and disposed of separately so that it does not discharge onto the highway carriageway.

            Reason: To ensure surface water from the development does not discharge onto the highway in accordance with Policy CS31 of the Dacorum Core Strategy (2013).

 7.        (a)        No development approved by this permission shall be commenced prior to the submission to, and agreement of the Local Planning Authority of a written preliminary environmental risk assessment (Phase I) report containing a Conceptual Site Model that indicates sources, pathways and receptors. It should identify the current and past land uses of this site (and adjacent sites) with view to determining the presence of contamination likely to be harmful to human health and the built and natural environment.

            (b)       If the Local Planning Authority is of the opinion that the report which discharges condition (a), above, indicates a reasonable likelihood of harmful contamination then no development approved by this permission shall be commenced until a Site Investigation (Phase II environmental risk assessment) report has been submitted to and approved by the Local Planning Authority which includes:

                           i.          A full identification of the location and concentration of all pollutants on this site and the presence of relevant receptors, and;

                         ii.          The results from the application of an appropriate risk assessment methodology.

           

            (c)        No development approved by this permission (other than that necessary for the discharge of this condition) shall be commenced until a Remediation Method Statement report; if required as a result of (b), above; has been submitted to and approved by the Local Planning Authority.

            (d)       This site shall not be occupied, or brought into use, until:

                           i.          All works which form part of the Remediation Method Statement report pursuant to the discharge of condition (c) above have been fully completed and if required a formal agreement is submitted that commits to ongoing monitoring and/or maintenance of the remediation scheme.

                         ii.          A Remediation Verification Report confirming that the site is suitable for use has been submitted to, and agreed by, the Local Planning Authority.

            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.

 8.        Any contamination, other than that reported by virtue of Condition 7 encountered during the development of this site shall be brought to the attention of the Local Planning Authority as soon as practically possible; a scheme to render this contamination harmless shall be submitted to and agreed by the Local Planning Authority and subsequently fully implemented prior to the occupation of this site. Works shall be temporarily suspended, unless otherwise agreed in writing during this process because the safe development and secure occupancy of the site lies with the developer.

           

            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:

            The above conditions are in line with paragraphs 180 (e) & (f) and 189 and 190 of the NPPF 2023.

            Guidance on how to assess and manage the risks from land contamination can be found here:

            https://www.gov.uk/government/publications/land-contamination-risk-management-lcrm   

and here:

            https://www.dacorum.gov.uk/docs/default-source/environment-health/development-on-potentially-contaminated-land.pdf?sfvrsn=c00f109f_8

 9.        No development shall commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include assessment of significance and research questions; and:

1.     The programme and methodology of site investigation and recording

2.     The programme and methodology of site investigation and recording as required by the evaluation

3.     The programme for post investigation assessment

4.     Provision to be made for analysis of the site investigation and recording

5.     Provision to be made for publication and dissemination of the analysis and records of the site investigation

6.     Provision to be made for archive deposition of the analysis and records of the site investigation

7.     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.       Any demolition/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.      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:

Plot 1

Schedule 2, Part 1, Class A

Plots 1 – 3

Schedule 2, Part 1, Class B

Reason:  To enable the Local Planning Authority to retain control over the development in the interests of safeguarding the residential amenity of the future occupiers of Unit 2 in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 135 of the National Planning Policy Framework (December 2023), and to protect the integrity of heritage assets, the visual amenity of neighbouring properties and to ensure that the development provides sufficient levels of parking, in accordance with Policies CS8, CS12 and CS27 of the Dacorum Core Strategy (2013).

12.       No development shall commence until a Construction Management Plan has been 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 strictly in accordance with the approved Construction Management Plan which shall include details of:

·        construction vehicle numbers and type;

·        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 saved Policies 51 and 54 of the Dacorum Borough Local Plan (2004), Policy CS8 of the Dacorum Borough Core Strategy (2013) and Paragraphs 114 and 116 of the National Planning Policy Framework (December 2023).

 

This condition needs to be pre-commencement because any disruption to Kite Field by construction traffic / contractor parking could result in an unacceptable impact on the free flow of traffic and potentially cause an unacceptable level of inconvenience to local residents and road users.

 13.      No development shall commence until 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, has been 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.

14.       Notwithstanding the details shown on drawing no. 556 / TP / 002 / C (Proposed Site Layout Plan), prior to first occupation of the development hereby approved, full details of a 2m high boundary treatment to be erected along the northern boundary of the site shall be submitted to and approved in writing by the local planning authority. The fence shall be erected in accordance with the approved details prior to first occupation of the development and permanently retained and maintained at this height thereafter.

Reason: In the interests of the residential amenity of nos. 18 and 20 Kite Field in accordance

with Policy CS12 of the Dacorum Core Strategy (2013).

15.       No development above eaves level shall take place until full details of two integrated Swift Bricks, including their proposed location, within the fabric of Units 1 and 3 has been submitted to and approved in writing by the local planning authority. The two integrated Swift Bricks shall be fully installed prior to first occupation of the dwellings hereby permitted and permanently retained thereafter.

Reason: In the interests of strengthening biodiversity corridors, establishing a coherent ecological network which is resilient to current and future pressures, and integrating opportunities to improve biodiversity into the design of the development, in accordance with Policy CS26 of the Dacorum Core Strategy (2013) and paragraph 180 (d) and 186 (d) of the NPPF (2023).

Informatives:

 

 

 1.        ECOLOGY

            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.

 2.        HIGHWAYS

            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 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.

            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. 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.

            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 highway. Further information is available by telephoning 0300 1234047.

           

            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. Further information is available via the County Council website at:

            https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx or by telephoning 0300 1234047.

 3.        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 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.

           

            Air Quality Informative

            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

 

Councillor Guest arrived at 19:33 after item 5a.