Agenda item

5.         The order of applications was changed to allow the speakers for 5b to be heard first. The items were heard in the following order.

 

5b.

5a.

5c.

5d.

5e.

Items 5c and 5d were presented and considered together, but had separate votes.

 

 

 

 

5a.

24/01409/FUL

Construction of Agricultural Building 

Land at Upper Bourne End Lane

 

Cllr Walker declared that he sits on Bovingdon Parish Council and confirmed that he will take no part in the discussion or voting.

Cllr Riddick decaled that this item is in his ward, he also called the item in, but he is coming to the meeting with an open mind.

 

The Case Officer, Robert Freeman, introduced the report to Members and said that the application had been referred to the Committee at the request of Councillor Riddick. Councillor Riddick expressed concerns as to the appropriateness of the development in the Green Belt.

It was proposed by Councillor Guest and seconded by Councillor Maddern to GRANT the application.

Vote:

 

For:                  Against:                         Abstained:

 

6                         2                                   3

 

Resolved: That planning permission be GRANTED.

RECOMMENDATION.

 

That planning permission is GRANTED subject to the following planning conditions.

 

Conditions and Reasons:

 

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:

 

UBEL PA.01 Revision B (Location Plan)

UBEL PA 02 (Block Plan)

UBEL PA 03 Revision D (Plans and Elevations)

 

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

 

3.         No construction of the building hereby permitted 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;

- 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.);

- an assessment of the biodiversity value of the site,

- details of finished floor, ridge and eaves heights in respect of existing and proposed ground levels and neighbouring properties and

- details of any external lighting and associate lux levels

- retained historic landscape features and proposals for restoration, where relevant.

 

The approved 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:  The condition is required prior to the commencement of works to ensure that the building is appropriately located on the site having regard to the change in topography. The condition is required to ensure a satisfactory appearance to 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

 

4.         The development granted by this notice must not begin unless a Biodiversity Gain Plan has been submitted to and approved in writing by the planning authority. The development shall thereafter be carried out in accordance with the approved Plan.

 

Advice about how to prepare a Biodiversity Gain Plan and a template can be found at https://www.gov.uk/guidance/submit-a-biodiversity-gain-plan

 

Reason: To ensure that the development provides biodiversity net gain if necessary in accordance with Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021) (or as subsequently amended), or otherwise in accordance with Policies CS26 and CS29 of the Dacorum Borough Core Strategy (2013) and the National Planning Policy Framework (2024). These details are required prior to commencement to ensure that the ecological and biodiversity enhancements can be achieved before construction works begin and to ensure statutory requirements are fulfilled.

 

5.       The development shall not commence until a Landscape Ecological Management Plan (LEMP) / Habitat Management and Monitoring Plan (HMMP), prepared in accordance with the approved Biodiversity Gain Plan has been submitted to and approved in writing by the local planning authority. These plans shall including:

(a)          a non-technical summary;

(a)          the roles and responsibilities of the people or organisation(s) delivering the LEMP / HMMP

(b)          the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;

(c)           the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and

(d)          the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority,

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021) (or as subsequently amended), Policies CS26 and CS29 of the Dacorum Borough Core Strategy (2013) and the National Planning Policy Framework (2024).

6          Notice in writing shall be given to the Council when the:

(a)          LEMP / HMMP has been implemented; and

(b)          habitat creation and enhancement works as set out in the LEMP / HMMP have been completed.

The building hereby approved shall not be used until:

(a)          the habitat creation and enhancement works set out in the approved LEMP / HMMP have been completed; and

(b)          a completion report, evidencing the completed habitat enhancements, has been submitted to, and approved in writing by the Local Planning Authority.

The created and/or enhanced habitat specified in the approved LEMP / HMMP shall be managed and maintained in accordance with the approved LEMP / HMMP.

Monitoring reports shall be submitted to local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP.

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021) (or as subsequently amended), Policies CS26 and CS29 of the Dacorum Borough Core Strategy (2013) and the National Planning Policy Framework (2024).

 

These details are required prior to commencement to ensure that the ecological and biodiversity enhancements can be achieved before construction works begin and to ensure statutory requirements are fulfilled.

 

7.         Should any ground contamination be encountered during the construction of the development hereby approved (including groundworks) works shall be temporarily suspended, unless otherwise agreed in writing by the Local Planning Authority, and a Contamination Remediation Scheme shall be submitted to (as soon as practically possible) and approved in writing by, the Local Planning Authority.  The Contamination Remediation Scheme shall detail all measures required to render this contamination harmless and all approved measures shall subsequently be fully implemented prior to the first occupation of the development hereby approved.

 

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 and to ensure a satisfactory development, in accordance with Policy CS32 of the Dacorum Borough Core Strategy and the National Planning Policy Framework (2024). The safe and secure occupancy of the site, in respect of land contamination, lies with the developer.

 

8.         No development above slab level shall take place until full details of the sustainable construction measures incorporated within the development have been submitted to and approved in writing by the local planning authority. The development shall be carried out fully in accordance with the approved details prior to use.

 

Reason: To ensure that appropriate sustainable construction measures are incorporated in the design of the proposals in accordance with Policy CS29 of the Core Strategy.

           

9.         The permission hereby approved is an alternative to planning permission 22/02561/FUL, which shall cease to have effect in the event of development having been commenced in respect of this scheme. Planning permission 22/02561/FUL shall not be constructed or shall be removed from the site in the event of the implementation of this permission.

 

Reason: In the interests of the visual amenities of the Green Belt and in accordance with the NPPF and Policy CS5 of the Core Strategy.

 

 

 

INFORMATIVES

 

Article 35

 

Planning permission has been granted for this proposal. Advice given to the applicant at the pre-application stage has been followed. 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

                                              

            Working Hours Informative

 

            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 Informative

 

            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 Informative

           

            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.

 

            Invasive and Injurious Weeds - Informative

 

            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

 

           

            Protected Species

 

            If European Protected Species (EPS), including bats and great crested newts, or evidence for them, are discovered during the course of works, work must stop immediately, and advice sought on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England to avoid an offence being committed.

 

            To avoid the killing or injuring of wildlife during development, best practice should keep any areas of grass as short as possible and any longer, ruderal vegetation should be cleared by hand. To avoid creating refugia that may be utilised by wildlife, materials should be carefully stored on-site on raised pallets and away from the boundary habitats. Any trenches on site should be covered at night or have ramps to ensure that any animals that enter can safely escape, and this is particularly important if excavations fill with water. Any open pipework with an outside diameter greater than 120mm must be covered at the end of each working day to prevent animals entering / becoming trapped.

 

            In order to protect breeding birds, their nests, eggs and young, demolition or vegetation clearance 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.

 

            Contamination

 

            Materials or conditions that may be encountered at the site and which could indicate the presence of contamination include, but are not limited to:

 

            Soils that are malodorous, for example a fuel odour or solvent-type odour, discoloured soils, soils containing man-made objects such as paint cans, oil/chemical drums, vehicle or machinery parts etc., or fragments of asbestos or potentially asbestos containing materials. If any other material is encountered that causes doubt, or which is significantly different from the expected ground conditions advice should be sought.

 

            In the event that ground contamination is encountered at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority with all works temporarily suspended until a remediation method statement has been agreed because, the safe development and secure occupancy of the site lies with the developer.