Agenda item

5d.

23/02172/FUL

Change of use of land to facilitate the construction of a residential access road

The Bungalow Farm, Venus Hill, Bovingdon, Hemel Hempstead, Hertfordshire, HP3 0PG

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, Nigel Gibbs introduced the report to Members and said that the application had been referred to the Committee due to the recommendation is contrary to the view of Bovingdon Parish Council.

It was proposed by Councillor Anderson and seconded by Councillor Hobson to GRANT the application.

P Stanley added that there needs to be clarification to condition 2 to ensure that the roadway also serves the yard immediately to the south of the dwelling house as shown on the submitted drawings.

Vote:

For:                 Against:                       Abstained:

5                          3                                  1

Resolved: That planning permission be GRANTED.

RECOMMENDATION

That planning permission be GRANTED subject to conditions.

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 roadway hereby permitted shall only serve the dwellinghouse     subject to extant Planning Permission 20/00087/FUL and the yard     immediately to the south of the approved dwellinghouse as shown on       the submitted drawings.

            Reason: To safeguard the Green Belt in accordance with Policy CS5 of     Dacorum Core Strategy (2013) and Part 13 of the National Planning Policy   Framework (2013).

 3.        The surfacing of the roadway and turning area hereby permitted shall have a loading capacity of at least 12.5 tonnes and be surfaced in a brown gravel at all times.

            Reason: To ensure that the dwellinghouse is served by a safe fire/ emergency access at times and in the interests of the character of the area. in accordance with Policies CS8 and S12 of Dacorum Core Strategy (2013), Saved Policies 51 and 54 of Dacorum Borough Local Plan (2004) and the Part 9 (especially Paragraph 116) of the National Planning Policy Framework (2023).

 4.        Prior to the first use of the roadway hereby permitted, the existing hedging shall be cut back in accordance with Plan 22/0293/01 Rev E. Thereafter, the existing hedging shall be retained and maintained fully in accordance with Plan No. Plan 22/0293/01 Rev E.

            Reason:  In the interests of highway safety and the character and appearance of the area in accordance with Policies CS1, CS5, CS8 and CS12 of Dacorum Core Strategy (2013), saved Policies 51 and 54 of the Dacorum Borough Local Plan (2004) and Part 9 of the National Planning Policy Framework (2023).

 5.        Any exterior lighting installed to serve the development hereby permitted shall only be fully in accordance with details submitted to and approved by the local planning authority. Once installed the approved lighting shall be retained and maintained fully in accordance with the approved details.     

            Reason: To protect the sensitive countryside environment in accordance with Policies CS1, CS25, CS29 and CS32 of the Dacorum Core Strategy (2013), Saved Policy 113 and Appendix 8 of Dacorum Borough Local (2004) and Paragraph 191 (c) of the National Planning Policy Framework (2013).

 6.        The gates serving the new access road and Bungalow Farm, and the repositioned existing gate serving the existing paddock shown by the approved plans, shall open inwards at all times and shall be provided before the first use of the roadway hereby permitted.

            Reason: In the interests of highway safety and the character and appearance of the area in accordance with Policies CS1, CS5, CS8 and CS12 of Dacorum Core Strategy (2013), saved Policies 51 and 54 of the Dacorum Borough Local Plan (2004) and Part 9 of the National Planning Policy Framework (2023).

7.        The whole length of double width hedge shown by the approved Plan 22/0293/01 Rev E shall be planted its entire length within or following the first planting season following first use of any part of the roadway hereby permitted.  The hedge planting shall comprise of mature hedging at between 0.8m and 1.8m high and maintained at no lower than 2m for the hedge’s entire length. Any part of the hedge which within a period of 15 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 section of hedge of the same or similar species, size and maturity. In the event that after 15 years the hedge partially or fully removed a new hedge shall be planted fully in accordance with the approved scheme and thereafter permanently retained and maintained at height at no less than 2m for its entire length. For the purposes of this condition, the planting season is from 1 October to 31 March.

            Reason:  In the long term interests of the environment and to biodiversity as required by saved Policy 99 of the Dacorum Borough Local Plan (2004) , Policy CS12 (e) and CS29 (i) of the Dacorum Borough Council Core Strategy (2013) and the aforementioned lighting policies.

8.         The development hereby approved shall be carried out in accordance with the following drawing:

            22/0293/01 Rev E

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

Informatives:

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 (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

Access Road Construction

Given the potential dangers associated with large vehicles / construction traffic along this part of Venus Hill on a bend, the implications of potential blockages of the existing internal access way  during construction, as well as the purpose of the application, it is strongly recommended that the access road is constructed prior to the commencement of works in relation to the construction of approved dwelling.

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.

Ecology

Nesting Birds. In order to protect breeding birds, their nests, eggs and young, development should only be carried out during the period October to February inclusive. If this is not possible then a pre-development (i.e. no greater than 48 hours before clearance begins) search of the area should be made by a suitably experienced ecologist. If active nests are found, then works must be delayed until the birds have left the nest or professional ecological advice taken on how best to proceed.