Agenda item

5c.

23/01211/FUL

Demolition of frontage buildings and redevelopment of site for 7 dwelling houses

 

23 Water End Road and Land To Rear Of 21 Water End Road Potten End Berkhamsted Hertfordshire 

 

Councillor Douris Declared that the applicant is an acquaintance, he confirmed that he would take no part in the discussion or voting.

 

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 Nettleden and Potten End Parish Council

 

Dave Newman and Councillor Dina Westenholz-Smith spoke in objection to the application.

Councillor Douris and David Groom spoke in support of the application.

 

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

 

Vote:

 

For:                 Against:                       Abstained:

 

4                      3                                  2

 

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

RECOMMENDATION

 

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.

 

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:

            2714 A    Proposed Plan 3-Bed Cottages Plots 4 and 5

2714.23 C    Proposed Site Layout

2714.25        Proposed Plans 2-Bed Cottages Plots 1, 2 and 3

2714.26 A    Proposed Elevations 2-Bed Cottages Plots 1, 2 and 3

2714.28 B    Proposed Elevations 3-Bed Cottages Plots 4 and 5

2714.29 B    Proposed Floor Plans New Cottages

2714.31        Proposes Street Scene Sketch

2714.REF A Refuse Collection Vehicle Tracking

           

            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      

            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.        No development shall commence until a Construction Management Plan (or Construction Method 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 Management Plan / Statement shall include details of:    

a)     Construction vehicle numbers, 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)       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;

j)                   Phasing Plan.           

                       

            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 due to the constrained nature of the site and because any disruption to Water End Road 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.

 6.        The development hereby approved shall not be occupied until the access road has been widened as shown on drawing no. 2714.23 C (Proposed Site Layout).

            Reason: In the interests of highway safety and to ensure a safe and satisfactory means of access for all users, in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and Policy 51 of the Dacorum Local Plan (2004).

 7.        Prior to first occupation of the dwellings hereby permitted, details of a scheme to alert motorists of the potential presence of pedestrians on the access road shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented prior to first occupation and permanently retained.

            Reason: In the interests of pedestrian safety, in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and Policy 51 of the Dacorum Local Plan (2004).

 8.        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 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 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.  

 

            (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 (including an options appraisal and verification plan); 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 part 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.

This condition needs to be pre-commencement as any development (other than that necessary to carry out the

relevant testing) has the potential to mobilise contaminants which could be harmful to human health and the

natural environment.

 9.        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.

            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.

10.       Prior to first occupation of the development hereby approved, details of fire hydrants or other measures to protect the development from fire must have been submitted to and approved in writing by the local planning authority. Such details shall include provision of the mains water services for the development whether by means of existing water services, new mains, or extension to or diversion of existing services where the provision of fire hydrants is considered necessary. The proposed development shall not be occupied until such measures have been implemented in accordance with the approved details. The fire hydrants must thereafter be retained in association with the approved development.

            Reason: To ensure that the development is adequately served by fire hydrants in the event of fire in accordance with Policy CS12 of the Dacorum Core Strategy.

11.       No development shall commence until a Noise Impact Assessment (NIA), compiled by appropriately experienced and competent persons, has been submitted to and approved in writing by the Local Planning Authority.

            The NIA shall detail the noise levels associated with the car repair workshop (presently occupied by B & H Autos) to the south-west of the application site, and include an analysis of whether any noise mitigation measures are required to control noise levels in relation to both the interior and exterior areas associated with Plots 4 and 5 (and if so, full details of these measures), and a timescale for the implementation of these noise mitigation measures. The approved details shall be implemented in accordance with the approved details and permanently retained thereafter.

            Reason: In the interests of the amenity of future occupiers of Plots 4 and 5 and to ensure that an existing business does not have unreasonable restrictions placed on it as a result of subsequent development in the area, in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and paragraphs 135 (f) and 193 of the NPPF (2023).

This condition needs to be pre-commencement in order to ensure that the necessary mitigation

to make the development acceptable in noise terms is built in to the final design of the dwellings. If works

commence and progress too far, this could prejudice the ability to provide this mitigation.

12.       The dwellings hereby approved shall not be occupied until Electric Vehicle Charging Points and associated infrastructure has been provided in accordance with drawing no. 2714.23 C

            The Electric Vehicle Charging Points shall have the following minimum specification:

            7kW Mode 3 with Type 2 connector

            230v AC 32 Amp Single Phase dedicated supply

            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).

13.       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 2:

            Schedule 2, Part 1, Class A

            Plots 1, 2, 3, 4, 5, 7 & 8:

            Schedule 2, Part 1, Classes B and C

            Reason:  To enable the Local Planning Authority to retain control over the development in the interests of highway safety, and the residential amenity of the future occupiers of Plot 2,  in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013), Policy 51 of the Dacorum Local Plan and Paragraph 135 of the National Planning Policy Framework (December 2023).

14.       Prior to first occupation of the dwellings hereby approved, the rear amenity areas shall be provided and laid out in accordance with drawing no. 2714.23 C (Proposed Site Layout) and thereafter permanently retained.

            Reason: In order to ensure that the dwellings have (and retain) sufficient amenity space, in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and Appendix 3 of the Dacorum Local Plan (2004).

15.       No development shall take place until details of the proposed slab, finished floor and ridge levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land shall have been submitted to and approved in writing by the local planning authority. The buildings shall be constructed in accordance with the approved levels.

            Reason: For the avoidance of doubt, to ensure a satisfactory form of development and in the interests of the residential amenity of the surrounding dwellings, in accordance with saved Appendix 3 of the Dacorum Local Plan (2004) and  Policies CS11 and  CS12 of the Dacorum Core Strategy (2013).

16.       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 174 of the National Planning Policy Framework (2021).

17.       No development above slab level shall take place until details of how ecological improvements will be incorporated within the development scheme have been submitted to and approved in writing by the Local Planning Authority. The ecological improvements shall be informed by the Preliminary Ecological Appraisal prepared by Philip Irving (report date February 2023) and shall include details of  the location of at least seven Swift Bricks and other ecological enhancements to be installed. All measures shall be implemented prior to first occupation of the development; or, in the case of planting, planted within one planting season of completing the development.

            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:

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.        

Ecology

The Recommendations in section 6 in the Preliminary Ecological Appraisal by Philip Irving

(report date February 2023) represent precautionary measures and best practice which

should be followed to avoid the risk of harm to extant protected species

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