Agenda item

 

5d.

24/01768/FUL

Proposed new build detached four-bedroom dwelling upon the unused side garden to the west of no.22 Verney Close, including rear garden and associated car parking.

22Verney Close, Berkhamsted, Hertfordshire, HP4 3JS 

 

Councillor Garrick declared an interest in the item as he spoke in objection. He confirmed that he would take no part in the discussion and voting and stepped down as Chair. Councillor Guest stepped up as Vice-Chair for this item.

 

The Case Officer, Kirsty Shirley introduced the report to Members and said that the application had been referred to the Committee due to the contrary views of Berkhamsted Town Council in respect of overdevelopment of the site and car parking stress in the area.

 

Town Councillor Garrick Stevens spoke in objection to the application.

 

Christian Pinchin spoke in support of the application.

 

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

 

Vote:

 

For:                  Against:                        Abstained:

 

5                      4                                 1

 

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

RECOMMENDATION

12.1 That planning permission is DELEGATED with a VIEW TO APPROVAL subject to the completion of a legal agreement to secure appropriate contributions towards SAMM and SANG in accordance with the Chiltern Beechwoods Mitigation Strategy and the following planning 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 development hereby permitted shall be carried out in accordance with the following approved plans/documents:

0453-002 REV P01

0453-106 REV P02

0453-107 REV P02

0453-108 REV P02

0453-109 REV P02

0453-104 REV P02

0453-105 REV P02

0453-103 REV P02

0453-102 REV P02

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

3.              Prior to the commencement of any below ground construction works including the erection of any foundations a Construction Management Plan shall be 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 in accordance with the approved Construction Management Plan which shall include details of:

o                 construction vehicle numbers, type and routing;

o                 traffic management requirements;

o                 construction and storage compounds (including areas designated for car parking);

o                 siting and details of wheel washing facilities;

o                 cleaning of site entrances, site tracks and the adjacent public highway;

o                 timing of construction activities (to avoid school pick up/drop off times);

o                 post construction restoration/reinstatement of the working areas and temporary access to the public highway;

o                 construction or demolition hours of operation; and

o                 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).

4.              No development (excluding demolition/ground investigations) shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.  Please do not send materials to the Council offices.  Materials should be kept on site and arrangements made with the Planning Officer for inspection.

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).

5.              The first and second floor windows within the rear elevation annotated as 'obs' on submitted and approved plan 0453-107 REV P02 shall be permanently fitted with obscured glass with a minimum of privacy level three and shall be non-opening below 1.7m from finished floor level.

 

Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 135 (f) of the National Planning Policy Framework (December 2023).

 

6.              No construction of the superstructure shall take place until detailsfor the provision of cycle storage shall be submitted to and approved in writing by the Local Planning Authority.  The approved details shall be implemented before the first occupation of the relevant part of the development to which they relate and retained thereafter.

Reason:  To provide for alternative modes of transport, having regard to Policy CS8 of the Dacorum Borough Core Strategy (2013) and Paragraph 110 (d) of the National Planning Policy Framework (December 2023).

7.          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:

 

Schedule 2 Part 1 Classes AA, A, B and E

 

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 in accordance with Policies CS12 of the Dacorum Borough Core Strategy (2013) and chapter 12 of the National Planning Policy Framework (2023).

 

8.      No construction of the superstructure shall take place until details of proposed sustainability measures within the development shall be submitted to and agreed in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

 

Reason:  To ensure the sustainable development of the site in accordance with the aims of Policies CS28 and CS29 of the Dacorum Borough Core Strategy (2013), the Sustainable Development Advice Note (2016) and Paragraphs 159 and 162 of the National Planning Policy Framework (December 2023).

 

Informatives:

1.              Planning permission has been granted for this proposal. The Council acted pro-actively through early engagement with the applicant at the pre-application stage which lead 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) (Amendment No. 2) Order 2015.

2.              Dust from operations on the site should be minimised by spraying with water or carrying out of other such works that may be necessary to suppress 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.

3.              In accordance with the Councils adopted criteria, all noisy works associated with site demolition, site preparation and construction works shall be limited to the following hours - 07:30 to 17:30 on Monday to Friday, 08:00 to 13:00 on Saturday and no works are permitted at any time on Sundays or bank holidays.

4.              The attention of the Applicant is drawn to the Control of Pollution Act 1974 relating to the control of noise on construction and demolition sites.

5.              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.

 

6.              Under no circumstances should waste produced from the development 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.