Agenda item

1

The development hereby permitted shall be begun 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 materials to be used in the construction of the external surfaces of the development hereby permitted shall match in size, colour and texture those used on the existing buildings.

Reason:  To ensure a satisfactory appearance to the development and to comply with CS 11,12 and 27.

3

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

·         hard surfacing materials;

·        means of enclosure;

·        soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

·        trees to be retained and measures for their protection during construction works;

·        car parking layouts and other vehicle and pedestrian access and circulation areas;

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

·        proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc);

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

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area and to comply with CS5,11,12 and 27.

4

Prior to the commencement of the development hereby permitted a Phase I Report to assess the actual or potential contamination at the site shall be 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:

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.

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.

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 the issue of contamination is adequately addressed and to ensure a satisfactory development.  

5

Prior to commencement of development the refurbishment of the stables as described in the application must be completed.

Reason: To comply with CS5 with particular reference to supporting the rural economy.

6

Prior to commencement of development plans to be submitted for approval by the local planning authority to demonstrate the stables and the supporting buildings and infrastructure for the operation of the livery yard are in accordance with:

DEFRA Code of practice for the Welfare of Horses, Ponies, Donkeys and Hybrids.

NEWC Compendium for the Welfare of Horses, Ponies and Donkeys.

BHS Approval Criteria for Livery Yards.

Reason:  to ensure the livery yard development is suitable for purpose and designed, planned and erected in accordance with advice from an appropriate source of information.

7

Detailed proposals for the fire hydrants serving the development as incorporated into the provision of the mains water services for the development whether by means of existing water services or new mains or extension to or diversion of existing services or apparatus shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and in accordance with the approved details thereafter implemented prior to occupation of any building forming part of the development.

Reason: To enable appropriate development to occur, ensure a safe, sustainable form of development which provides for its own infrastructure for fire emergencies in accordance with core strategy policies CS1, CS4, CS12 & CS29.

8

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995  (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 Classes [A, B, C, D, E, F and G]

Part 2 Classes [A, B and C].

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding the residential and visual amenity of the locality.

Reason: In the interests of safeguarding the openness of the Green Belt; the rural character of the building and the site; and the visual amenity of the surrounding countryside.  The proposed development comprises of the conversion of two agricultural buildings in a rural area and it is important for the local planning authority to retain control over certain future development which would normally represent permitted development, in order to safeguard the rural character of the surrounding countryside.

9

The occupation of the two bed conversion shall be limited to a person solely or mainly working at the stables located immediately north-east of the dwelling or a widow or widower of such a person and to any resident dependants.

Reason: For the avoidance of doubt and to ensure that the stables opposite will be retained and offered to local people for the stabling of their horses.

10

No development shall take place until details of the materials to be used in the construction of the external surfaces of the extension to The Coach House hereby permitted shall have 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 a satisfactory appearance to the development and to comply with CS 11 and 12.

Reason:  In the interests of the visual amenities of the Conservation Area and to comply with CS 27.

11

Prior to commencement of development a Business Plan for the equestrian use must be preared and approved by the local planning authority.

Reason: To comply with CS5 with particular reference to supporting the rural economy.

12

The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

Design and Access Statement

Heritage Statement

CIL Form

Site Location Plan P7 001

P7 100 Existing Site Plan

P7 201

P7 200

P7 202

P7 203

P7 300.A

P7 400

P7 401

Master Plan 15.149.P7.500 - showing proposed ownership of land parcels.

Unilateral Undertaking - tying Barn B and all land not under the ownershp of Barn A and The Coach House to the stables for the equestrian use

Viability Report

EIA Analysis and screening proforma

Additional information:

Site Plan No. 15.149.P7.700

Proposed Plans and Elevations (Barn 2) No. 15.149.P7.301 Rev B submitted on 8/3/16

Car and horse Trailer parking Plan No. 15.149.P7.600

Photographs of current existing stables and areas intended to be repaired and restored as part of the application.

Covering letter setting out further information and confirming that the applicant is prepared to submit a business plan for the future management of the proposed equestrian use on the site to the Council for its written approval as part of a planning condition.

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

Schedule 2 Part 6 Class A

Reason: In the interests of safeguarding the openness of the Green Belt; the rural character of the buildings and the site; and the visual amenity of the surrounding countryside.  The proposed development comprises of the conversion of two rural buildings in a rural area and it is important for the local planning authority to retain control over certain future development which would normally represent permitted development, in order to safeguard the rural character of the surrounding countryside.”

Article 35 Statement:

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led to improvements to the scheme. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.  

Informatives:

Highways:

AN1. The applicant is advised that storage of materials associated with the development should take place within the site and not extend into within the public highway without authorisation from the highway authority, Hertfordshire County Council. If necessary further details can be obtained from the County Council Highways via either the website http://www.hertsdirect.org/services/transtreets/highways/ or telephone 0300 1234047 to arrange this.

AN2.The developer should be aware that the required standards regarding the maintenance of the public right of way and safety during the construction. The public rights of way along the carriageway and footways should remain unobstructed by vehicles, machinery, materials and other aspects of construction works.

Transport maintained and available on site should emergency veterinary treatment be required.

(Reason - the provision of a trailer and towing vehicle and or horse box is a welfare requirement for the transportation to a Veterinary hospital for sick animals requiring urgent lifesaving surgery if diagnosed by a veterinary surgeon or other competent person).

Protected Species:

 “Bats and their roosts remain protected at all times under National and European law. If bats or evidence for them is discovered during the course of works, work must stop immediately and advice sought on how to proceed lawfully from Natural England (Tel: 0300 060 3900) or a licensed bat consultant.”

 "Site clearance should be undertaken outside the bird nesting season, typically March to September (inclusive), to protect breeding birds, their nests, eggs and young. If this is not possible then a search of the building/surrounding vegetation should be made by a suitably experienced ecologist and if active nests are found, then works must be delayed until the nesting period has finished."

It is possible that bats may be using areas of the existing building.

UK and European Legislation makes it illegal to:

Deliberately kill, injure or capture bats;

Recklessly disturb bats;

Damage, destroy or obstruct access to bat roosts (whether or not bats are present).

If bats or evidence of them are found to be present a licence will be required before any relevant works can be undertaken and this will involve preparation of a Method Statement to demonstrate how bats can be accommodated within the development.

If bats are discovered during the course of any works, work must stop immediately and Natural England (0300 060 3900), Bat Conservation Trust Helpline (0845 1300 228) or the Hertfordshire & Middlesex Bat Group Helpline (01992 581442) should be consulted for advice on how to proceed.

Thames Water:

In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0800 009 3921.  Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.