Agenda item

23/01784/MOA - Outline Planning Application - Some Matters Reserved (Phase 2) - For redevelopment of former Class B2: General Industrial Use to Flexible Class E (g) (iii): Light Industrial Use and Class B8: Storage & Distribution Use (Units 8 to 14). Bovingdon Brickworks Ltd, Leyhill Road, Bovingdon, Hemel Hempstead

Minutes:

5b.

23/01784/MOA

Outline Planning Application - Some Matters Reserved (Phase 2) - For redevelopment of former Class B2: General Industrial Use to Flexible Class E (g) (iii): Light Industrial Use and Class B8: Storage & Distribution Use (Units 8 to 14)

Bovingdon Brickworks Ltd, Leyhill Road, Bovingdon, Hemel Hempstead, Hertfordshire, HP3 0NW

Councillor Walker declared that he is a Parish Councillor for Bovingdon so he confirmed that he would take no part in the discussion or voting.

The Case Officer, Martin Stickley introduced the report to Members and said that the application had been referred to the Committee due to it being a ‘large scale major development’ (i.e. the site area is over 2 hectares) and there is a proposed s.106 agreement. It was noted that the Secretary of State had replied to the Section 77 Direction consultation and had decided not to call-in the application.

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

Vote:

For: Against: Abstained:

8 0 1

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

RECOMMENDATION

That planning permission be DELEGATED with a view to APPROVAL subject to the completion of a S106 Agreement securing the highways improvements, travel plan and biodiversity net gain; and subject to the response from the Secretary of State regarding the Section 77 Direction consultation.

Condition(s) and Reason(s):

1. Details of the design and appearance of the buildings (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved. Application for approval of the reserved matters shall be made to the Local Planning Authority not later than 3 years from the date of this permission.

Reason: To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

2. The development hereby permitted shall begin no later than 2 years from the date of approval of the last of the reserved matters to be approved.

Reason: To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

3. Prior to commencement of the development, long term groundwater monitoring shall be undertaken at a depth of 10m (the deepest borehole installed) to ensure that the seasonally high groundwater will be at least 1m below the base of lowest deep bore soakaway (proposed at a maximum of 4m below ground). The groundwater monitoring should take place for six months starting in October to capture when groundwater levels will be highest.

The applicant shall conduct additional soakaway testing at the proposed deep borehole soakaway locations. The infiltration rate should be obtained from the third test at each location and used in the detailed design. The results of the testing shall be submitted to the Local Planning Authority for review and approval prior to the commencement of any construction activities.

The applicant shall implement any necessary modifications to the proposed development design based on the findings of the soakaway testing to ensure effective surface water drainage management and minimise flood risk.

Reason: To ensure that the site is subject to an acceptable drainage system serving the development and to prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site in accordance with Policy CS31 of the Dacorum Borough Core Strategy (2013) and Paragraph 175 of the National Planning Policy Framework (2023).

4. Prior to the commencement of development, construction drawings of the surface water drainage network, associated sustainable drainage components and flow control mechanisms and a construction method statement shall be submitted and agreed in writing by the Local Planning Authority.

The scheme shall then be constructed as per the agreed drawings, method statement, updated detailed design from Condition 2 and Condition 3, Flood Risk Assessment and Drainage Strategy (Ref. 6947-RGP-ZZ-00-RP-C-0501, Rev. 2, dated January 2024) and Drawings (Ref. 6947-RGP-ZZ-00-DR-C-0550, Rev. P2, dated January 2024) and remain in perpetuity for the lifetime of the development unless agreed in writing by the Local Planning Authority.

The following will be required to satisfy this condition:

a) Following the results from the contamination investigation / remediation plan as requested by the Environment Agency and required to satisfy condition 9. The applicant shall implement any necessary modifications to the proposed development drainage design based on based on the results and resubmit for the approval from the Local Planning Authority. Likewise, should unexpected contamination, that was not identified by the contamination investigation, be encountered during the development modifications to the proposed development drainage design based on based on these findings may be required and resubmitted for the approval from the Local Authority. Unexpected contamination should be notified to the Local Planning Authority in line with Condition 10; and

b) Where required to avoid migration of any contaminants into the sensitive aquifer beneath the site, all SuDS features as proposed should be lined with an impermeable layer.

5. The development hereby approved shall not be occupied until details of the maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The details shall include:

a) a timetable for its implementation;

b) details of SuDS feature and connecting drainage structures and maintenance requirement for each aspect including a drawing showing where they are located; and

c) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime. This will include the name and contact details of any appointed management company.

The drainage scheme shall be implemented prior to the first occupation of the development hereby approved and thereafter managed and maintained in accordance with these details in perpetuity.

The Local Planning Authority shall be granted access to inspect the sustainable drainage scheme for the lifetime of the development.

6. Upon completion of the surface water drainage system, including any SuDS features, and prior to the first use of the development; a survey and verification report from an independent surveyor shall be submitted to and approved in writing by the Local Planning Authority. The survey and report shall demonstrate that the surface water drainage system has been constructed in accordance with the details approved pursuant to condition 3 and 4.

Where necessary, details of corrective works to be carried out along with a timetable for their completion, shall be included for approval in writing by the Local Planning Authority. Any corrective works required shall be carried out in accordance with the approved timetable and subsequently re-surveyed with the findings submitted to and approved in writing by the Local Planning Authority.

7. Development shall not commence until details and a method statement for interim and temporary drainage measures during the demolition and construction phases have been submitted to and approved in writing by the Local Planning Authority. This information shall provide full details of who will be responsible for maintaining such temporary systems and demonstrate how the site will be drained to ensure there is no increase in the off-site flows, nor any pollution, debris and sediment to any receiving watercourse or sewer system. The site works and construction phase shall thereafter be carried out in accordance with approved method statement, unless alternative measures have been subsequently approved by the Local Planning Authority.

8. No drainage systems for the infiltration of surface water to the ground are permitted other than with the written consent of the Local Planning Authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters. The development shall be carried out in accordance with the approved details.

Reason: To ensure that risks from 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 183 and 185 of the National Planning Policy Framework (2023).

9. (a) No development approved by this permission shall be commenced until an Intrusive Site Investigation 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.

(b) 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 (including an options appraisal and verification plan); if required as a result of (a), above; has been submitted to and approved by the Local Planning Authority.

(i) All works which form part of the Remediation Method Statement report pursuant to the discharge of part (b) 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; and

(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 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 183 and 185 of the National Planning Policy Framework (2023).

10. Any contamination, other than that reported by virtue of Condition 8 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.

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.

11. No development shall commence until full details (in the form of scaled plans and / or written specifications) have been submitted to and approved in writing by the Local Planning Authority to illustrate the following:

i) Roads and footways

ii) Cycleways

iii) Foul and surface water drainage

iv) Visibility splays

v) Access arrangements

vi) Parking provision in accordance with adopted standard

vii) Loading areas

viii) Turning areas

Notwithstanding the details shown on the proposed plans, the car parking spaces shall be in-line with Section 11: Car Parking Design Layout of Hertfordshire County Council's Place and Movement Planning Design Guide (2023).

The approved works shall be implemented in accordance with the details approved.

12. Prior to the first use of the development hereby permitted the vehicular access shall be completed and thereafter retained as shown on drawing numbers 2018/4189/001/P11, 2018/4189/002/P11 and 2018/4189/004/P3 in accordance with details/specifications to be submitted to and approved in writing by the Local Planning Authority. 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.

13. Prior to the first use of the development hereby permitted any access gates, shall be installed to open inwards, set back, and thereafter retained (in perpetuity) at a minimum distance of 5.5 metres from the edge of the highway.

14. Prior to the first use hereby permitted the vehicular access improvements, as indicated on drawing numbers 2018/4189/001/P11 and 2018/4189/002/P11, shall be completed and thereafter retained in accordance with details/specifications to be submitted to and approved in writing by the Local Planning Authority.

15. No part of the development hereby permitted shall be occupied prior to the approval of the Overarching Travel Plan (Phases 1 and 2) and the approval of the relevant Individual Phase Travel Plans and the implementation of those parts identified in the approved Overarching Travel Plan as capable of being implemented prior to occupation. Those parts of the approved Overarching Travel Plan and the Individual Phase Travel Plans implemented in accordance with the timetable contained therein shall continue to be implemented as long as any part of the development is occupied.

Reason: In the interests of good planning and to enable a planned approach for connectivity and sustainable modes of transport and movement in accordance with Policy CS8 of the Dacorum Borough Core Strategy (2013).

16. Prior to the first use of the development hereby permitted, provision shall be made for at least 20% of the car parking spaces to have active provision for electric vehicle (EV) charging and at least 30% of the car parking spaces to have passive provision for EV charging. The EV charging points shall, as a minimum, meet the requirements of the Car Parking Standards Supplementary Planning Document (2020).

Reason: To ensure that adequate provision is made for the charging of electric vehicles in accordance with Policies CS8, CS12 and CS29 of the Dacorum Borough Core Strategy (2013) and the Car Parking Standards Supplementary Planning Document (2020).

17. Prior to the first commencement of the development hereby permitted, a scheme for the parking of cycles including details of the design, level and siting shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented before the development is first occupied (or brought into use) and thereafter retained for this purpose.

18. No development shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CMP shall include details of:

a. Construction vehicle numbers and type;

b. Access arrangements to the site;

c. Traffic management requirements;

d. Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

e. Siting and details of wheel washing facilities;

f. Cleaning of site entrances, site tracks and the adjacent public highway;

g. Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times;

h. Provision of sufficient on-site parking prior to commencement of construction activities;

i. Post construction restoration/reinstatement of the working areas and temporary access to the public highway;

j. Where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements; and

k. Phasing Plan.

The CEMP shall also set out, as a minimum, the proposed demolition, earthworks and construction methodology. The CEMP shall outline site specific measures to control and monitor impact arising in relation to construction traffic, noise and vibration, dust and air pollutants, land contamination, ecology and ground water. It shall also set out arrangements, by which the developer shall maintain communication with residents and businesses in the vicinity of the site, and by which the developer shall monitor and document compliance with the measures set out in the CEMP.

The development shall be carried out in accordance with the approved details.

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 111 of the National Planning Policy Framework (2023). To achieve high standards of sustainable demolition and construction; ensure that local air quality standards are maintained throughout the area; and reduce the environmental impact of the construction and impact on the public highway and amenities of neighbouring residents in accordance with saved Policy 129 of the Dacorum Borough Local Plan (2004), Policies CS8, CS12, CS29 and CS32 of the Dacorum Borough Core Strategy (2013) and the National Planning Policy Framework (2023).

19. The heights of the buildings hereby permitted shall have a ground-to-ridge height no greater than 9.4 metres. Details of the building heights and slab level shall be provided to the Local Planning Authority for approval prior to the commencement of works.

Reason: To ensure that the building heights match the details provided and to protect the openness of the Green Belt in accordance with Policy CS5 of the Dacorum Borough Core Strategy and the National Planning Policy Framework (2023).

20. No heavy goods vehicles shall enter or leave the site via the development site access, annotated as 'ACCESS A' on the Site Plan (drawing 5040-PL-104-G); or via the internal access point, annotated as 'ACCESS B' between 23:00 and 06:00 (the following day) on any day.

Reason: To avoid night time disturbance in this rural/countryside location and to limit impacts on the locality in terms of residential amenity in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and paragraph 135 (f) of the National Planning Policy Framework (2023).

21. A Noise Management Plan ("NMP") shall be provided to the Local Planning Authority prior to commencement, detailing measures to contain and reduce noise transmission to the surrounding environs. The NMP shall be enacted before first use of the site and maintained in perpetuity.

22. The proposed external lighting shall be in accordance with the 'External Lighting Proposals' (Issue 2, 12 June 2023 by Shepherd Brombley Partnership) and 'External Lighting Layout' (Drawing: 0244/E/200, Revision 2). The external lighting shall be retained and maintained in-line with these approved specifications.

Reason: To ensure habitat protection and enhancement within the landscape of the development in compliance with saved Policy 113 and Appendix 8 of the Dacorum Borough Local Plan (2004), Policies CS10, CS26 and CS29 of the Dacorum Borough Core Strategy (2013) and Section 15 of the National Planning Policy Framework (2023).

23. The trees shown for retention and protection on the approved Tree Protection Plan (referenced: CAS/2022/151) shall be protected during the whole period of site demolition, excavation and construction in accordance with the details contained within the plan. The protection measures shall be retained in place and no materials, plant, soil or spoil shall be stored within the protected areas.

The tree works identified in the Arboricultural Impact Assessment and Method Statement by Cantia Arboricultural Services (dated June 2023) and the Tree Protection Plan shall be undertaken in accordance with the details provided.

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 174 of the National Planning Policy Framework (2023).

24. 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:

a. all external hard surfaces within the site;

b. other surfacing materials;

c. means of enclosure;

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

e. minor artefacts and structures (e.g. street furniture, signs, refuse or other storage units, etc.).

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 five 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).

25. Prior to the commencement of the development, a Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP shall describe how it is planned to incorporate ecology and biodiversity as part of the development. The development shall be carried out in accordance with the approved LEMP.

Reason: To ensure that the development contributes to and enhances the natural environment in accordance with Policy CS26 of the Dacorum Borough Core Strategy (2013) and Paragraph 174 of the National Planning Policy Framework (2023). These details are required prior to commencement to ensure that the ecological and biodiversity enhancements can be achieved before construction works begin. The LEMP should include details of when the biodiversity enhancements will be introduced and this may be reliant on the construction process/timings.

26. Prior to first use of the development hereby approved, a Sustainability and Energy Statement shall be submitted to and approved in writing by the Local Planning Authority. The Statement shall provide detail on energy demand and supply, carbon emissions, waste and materials, water supply and demand and climate resilience. It shall provide details of measures to demonstrate and achieve reduced regulated carbon emissions of against Part L 2021 (Building Regulations) (as amended). All of the warehousing units shall achieve an EPC A rating. The development shall thereafter be constructed and maintained in accordance with the Statement.

Reason: To ensure that the development combats climate changes, provides a sustainable development and reduces carbon emissions in compliance with Policies CS28 and CS29 of the Dacorum Borough Core Strategy (2013), as well as Section 14 of the National Planning Policy Framework (2023).

27. No construction shall commence on site until a Radar Mitigation Scheme (RMS), (including a timetable for its implementation during construction), has been agreed with the Operator and approved in writing by the Local Planning Authority.

Reason: In the interests of aircraft safety, the operations of the nearby aeronautical radar and the operations of NATS En-route PLC.

28. No construction work shall be carried out above 3m above ordnance datum unless and until the approved Radar Mitigation Scheme as per condition 27 has been implemented and the development shall thereafter be operated fully in accordance with such approved Scheme.

Reason: In the interests of aircraft safety, the operations of the nearby aeronautical radar and the operations of NATS En-route PLC.

For the purpose of conditions 27 and 28 above;

"Operator" means NATS (En Route) plc, incorporated under the Companies Act (4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hants PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services to the relevant managed area (within the meaning of section 40 of that Act).

"Radar Mitigation Scheme" or "Scheme" means a detailed scheme agreed with the Operator which sets out the measures to be taken to avoid at all times the impact of the development on the Bovingdon Secondary Surveillance Radar and air traffic management operations of the Operator.

29. No development shall take place until a geotechnical report by a qualified geotechnical engineer has been submitted to and approved in writing by the local planning authority.

The report shall provide commentary on the potential for dissolution features to arise as a result of the use of deep bore soakaways in the chalk strata and, where appropriate, recommend measures to avoid or reduce the likelihood of subsidence.

Where avoidance or reduction measures are recommended, these shall be implemented prior to first use of the development hereby approved.

Reason: In order to prevent new development from being put at unacceptable risk from, or being adversely affected by land instability, in accordance with paragraph 180 (e) of the National Planning Policy Framework (2023).

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

5040-PL-001 - SITE LOCATION PLAN

5040-PL-103-D - BLOCK PLAN (UNITS 8-14)

5040-PL-104-G - SITE PLAN (UNITS 8-14)

5040-PL-122-A - LEYHILL ROAD BOUNDARY TREATMENT

B18020-TLP-PA01-D - LANDSCAPE PROPOSAL 1/2

B18020-TLP-PA02-C - LANDSCAPE PROPOSAL 2/2

B18020-TLP-PA03-D - SITE SECTIONS

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

The application is also supported by the following documents:

APPLICATION FORM

5040-PL-010 - BLOCK PLAN PRIOR TO DEMOLITION

5040-PL-102-N - SITE PLAN (UNITS 1-7)

2018-4189-001-P11 - PROPOSED ACCESS ARRANGEMENT FULL PLANNING APPLICATION (PHASE 1)

2018-4189-002-P11 - PROPOSED ACCESS ARRANGEMENTS & OFF-SITE HIGHWAY WORKS

2018-4189-004-P3 - VEHICLE SWEPT PATH ASSESSMENTS PROPOSED ACCESS ARRANGEMENTS

2018-4189-005-P4 - VEHICLE SWEPT PATH ASSESSMENTS HEAVY GOODS VEHICLES - PHASE 1

DESIGN AND ACCESS STATEMENT

ECONOMIC STATEMENT

ENERGY STRATEGY REPORT (ISSUE 1)

EXTERNAL LIGHTING PROPOSALS (ISSUE 2)

BIODIVERSITY NET GAIN LETTER (9999/RW/001.LET.DBC)

BIODIVERSITY NET GAIN MATRIX

BIODIVERSITY IMPACT ASSESSMENT (9999.VIA.VF)

SCHEDULE OF AREAS

LANDSCAPE AND VISUAL APPRAISAL

LANDSCAPE AND ECOLOGICAL MANAGEMENT PLAN

DESIGN AND ACCESS STATEMENT

METHOD OF CONSTRUCTION STATEMENT

SURFACE WATER DRAINAGE STATEMENT (6947-RGP-00-ZZ-RP-C-0500)

TOPOGRAPHICAL SURVEY (SHEETS 1-5)

PLANNING STATEMENT

SUPPLEMENTARY PLANNING STATEMENT

SUSTAINABILITY STATEMENT

ARBORICULTURAL IMPACT ASSESSMENT AND METHOD STATEMENT (CAS/2022/151)

SOFT LANDSCAPING PROPOSALS (CAS/2022/151)

Supporting documents:

Item 5b - Bovingdon Brickworks MOA, Phase 2, item 5b PDF 1 MB