Agenda item

5e.

24/00762/FUL

Demolition of existing bungalow and construction of 8 apartments (6x 2 bedroom and 2x 1 bedroom).

 

Waterworks Bungalow, Greene Field Road, Berkhamsted, Hertfordshire, HP4 2AQ

 

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

 

The Case Officer, Sally Robbins, introduced the report to Members and said that the application had been referred to the Committee due to the contrary view of Berkhamsted Town Council. Sally Robbins also referenced the relevant paragraphs in respect of the new NPPF.

 

Councillor Stevens read a statement on behalf of Councillor Jordan in objection to the application.

It was proposed by Councillor Bristow and seconded by Councillor Maddern to

DELEGATE with a view to APPROVAL.

 

Vote:

 

For:                 Against:                       Abstained:

 7                        1                                       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 an appropriate assessment in accordance with article 6(3) of the Habitats Directive and securing a mitigation package to avoid any further significant effects on the Chilterns Beechwood Special Area of Conservation (SAC) through financial contributions secured by legal agreement.

 

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:

           

            0123_00_000 Rev. 02

            0123_00_010 Rev. 05

            0123_00_011

            0123_00_100 Rev. 04

            0123_00_101 Rev. 04

            0123_00_102 Rev. 03

            0123_00_200 Rev. 03

            0123_00_201 Rev. 03

            0123_00_103 Rev. 01

            0123_00_301 Rev. 01

            0123_00_302

            0123_00_303

            Design & Access Statement by Illustrate Architects (ref. 0123, Rev 02) dated 25.03.24

            Planning & Heritage Statement by Emma Adams and Partners Ltd (ref. EA/AT/2023.010/Rpt02) dated March 2024

            Transport Statement by i-Transport (Ref: SJ/RW/JG/ITL19231-001A) dated 26 March 2024

            Sustainable Development Checklist

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

 3.        No development shall take place until a scheme for the provision and management of a minimum 3-metre-wide buffer zone alongside the watercourse has been submitted to, and approved in writing by, the local planning authority. Thereafter, the development shall be carried out in accordance with the approved scheme. Any subsequent variations shall be agreed in writing by the local planning authority, in which case the development shall be carried out in accordance with the amended scheme. The buffer zone scheme shall be free from built development including lighting, domestic gardens and formal landscaping. The scheme shall include:

           

-        Plans showing the confirmed extent and layout of the buffer zone (including the proposed bank regarding the north bank)

-        Details of a confirmed planting scheme (for example, native species)

-        Details demonstrating how the buffer zone will be protected during development and managed over the longer term including adequate financial provision and named body responsible for management plus production of detailed management plan (this should include the management of invasive non-native species)

-        Details of how overshading will be avoided if willow species are proposed within the riparian zone.

                       

            Reason: To ensure that the land alongside the watercourse is protected in the interests of wildlife and biodiversity, in accordance with Dacorum Borough Core Strategy (2013) Policies CS26 and CS29 and paragraph 187 of the National Planning Policy Framework (2024).

 4.        The development hereby permitted must not be commenced until a detailed scheme demonstrating that an 8m buffer zone between all foundations and the riverbank will be maintained to ensure the structural integrity of the riverbank, thereby reducing the risk of structural instability and thus flooding, has been submitted to and approved in writing by the local planning authority. The scheme shall be fully implemented and subsequently maintained in accordance with the scheme's timing/phasing arrangements, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

            Reason: To ensure the structural integrity of the riverbank thereby reducing the risk of flooding, in accordance with Dacorum Borough Core Strategy (2013) Policy CS31 and paragraph 181 of the National Planning Policy Framework (2024).

 5.        (a) No development approved by this permission shall be commenced until a Site Investigation (Phase II environmental 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; if required as a         result of (a), above; has been submitted to and approved by the             Local Planning Authority.   

            (c)        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 condition (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.           

            (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 Dacorum Borough Core Strategy (2013) Policy CS32.

 6.        Any contamination, other than that reported by virtue of Condition 5 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.     

            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 Dacorum Borough Core Strategy (2013) Policy CS32.

 7.        Prior to the commencement of the development hereby approved, a Demolition and Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the demolition and construction of the development shall only be carried out in accordance with the approved plan: The Demolition and Construction Management Plan shall include details of:

           

            o Construction vehicle numbers, type, routing

            o Access arrangements to the site

            o Traffic management requirements

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

            o Loading and unloading of plant and materials

            o Storage of plant and materials used in constructing the development

            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 (including delivery times and removal of waste) and to avoid school pick up/drop off times

            o Provision of sufficient on-site parking prior to commencement of construction activities

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

            o 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

            o The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

            o Measures to control the emission of dust and dirt during demolition and construction

            o A scheme for waste minimisation and recycling/disposing of waste resulting from the demolition and construction works, which must not include burning on site

            o Hours of demolition and construction work

            o Control of noise and/or vibration

            o Measures to control overspill of light from security lighting

            o Phasing Plan.        

            Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way and in the interests of safeguarding residential amenity of local properties, in accordance with Policies CS8 and CS12 of the Dacorum Borough Core Strategy (2013), Saved Appendix 3 of the Dacorum Borough Local Plan (2004) and the National Planning Policy Framework (2024).

 8.        No demolition/development shall take place/commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of archaeological significance and research questions; and:   

1.     The programme and methodology of site investigation and recording     

2.     The programme and methodology of site investigation and recording as required by the evaluation           

3.     The programme for post investigation assessment 

4.     Provision to be made for analysis of the site investigation and recording

5.     Provision to be made for publication and dissemination of the analysis and records of the site investigation       

6.     Provision to be made for archive deposition of the analysis and records of the site investigation       

7.     Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.

           

            The demolition/development shall take place/commence in accordance with the programme of archaeological works set out in the approved Written Scheme of Investigation.

            Reason: To ensure that reasonable facilities are made available to record archaeological evidence in accordance with Saved Policy 118 of the Dacorum Borough Local Plan (2004), Policy CS27 of the Dacorum Borough Core Strategy (2013) and Paragraph 207 of the National Planning Policy Framework (2024).

 9.        The development shall not be occupied/used until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 8 and the provision made for analysis and publication where appropriate.

            Reason: To ensure that reasonable facilities are made available to record archaeological evidence in accordance with Saved Policy 118 of the Dacorum Borough Local Plan (2004), Policy CS27 of the Dacorum Borough Core Strategy (2013) and Paragraph 207 of the National Planning Policy Framework (2024).

11.       The development hereby approved shall not be occupied until details of hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include:

            o          all external hard surfaces within the site

            o          means of enclosure (including railings, brick wall etc.)

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

            The approved external hard surfaces and means of enclosure shall be implemented prior to the first occupation of the development. All soft landscape works (i.e. 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 5 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).

12.       The development hereby approved shall not be occupied until the sustainable drainage system for the site has been completed in line with the Flood Risk Assessment (FRA) prepared by Martin Andrews Consulting Limited, ref.  1040-FRA-01-0 dated March 2024 and shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan for the lifetime of the development.

            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 181 of the National Planning Policy Framework (2024).

13.       The development hereby approved shall carried out in accordance with the recommendations and mitigation measures set out in the Preliminary Ecological Appraisal and the Addendum to Preliminary Ecological Appraisal prepared by Philip Irving dated August 2023.

            Reason: To ensure that the development contributes to and enhances the natural environment and to identify and ensure the survival and protection of important species and those protected by legislation that could be adversely affected by the development, having regard to Policy CS26 of the Dacorum Borough Core Strategy and Section 15 of the National Planning Policy Framework (2024).

 

14.       Six swift bricks shall be incorporated within the external walls of the development hereby approved and shall be retained thereafter.

            Reason: To enhance the biodiversity of the site and to comply with Policy CS26 of the Dacorum Borough Core Strategy and Section 15 of the National Planning Policy Framework (2024).

Informatives:

 

 1.        Swift Bricks: Swift bricks can be placed on any elevation, but ideally under shadecasting eaves. They should be installed in groups of at least three, at a height above 5m height, and preferably with a 5m clearance between the host building and other buildings or obstructions. Where possible avoid siting them above windows or doors. Swift bricks should be used unless these are not practical due to the nature of construction, in which case alternative designs of suitable swift boxes should be provided in their place.

 

 2.        Flood Risk Activity Permit: The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:

                       

            - on or within 8 metres of a main river           

            - on or within 8 metres of a flood defence structure or culvert including any buried elements

            - involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert    

            - in a floodplain more than 8 metres from the riverbank, culvert or flood defence structure and you don't already have planning permission.       

                       

            For further guidance please visit :https://www.gov.uk/guidance/flood-risk-activities-environmental-permits or contact our National Customer Contact Centre on 03708 506 506 (Monday to Friday, 8am to 6pm GMT) or by emailing enquiries@environment-agency.gov.uk. The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.

 

 3.        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.

 

 4.        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.

 

 5.        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.

 

 6.        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.

 

 7.        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

 

 8.        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.

 

 9.        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.

 

10.       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.

 

11.       Works within the highway (section 278): No alterations to the existing highway network are proposed, nonetheless the applicant is advised that any works within the highway would require 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.

 

12.       External lighting: Any external lighting, whether that is temporary or permanent, should follow guidance from the Bat Conservation Trust and Institution of Lighting Professionals (2023), and be designed to minimise light spill, in particular directing light away from boundary vegetation to ensure that dark corridors remain for use by wildlife as well as directing lighting away from potential roost / nesting sites.

 

13.       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.

 

14.       Article 35 Statement: 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.