Agenda item

5b.

24/01541/FUL

New build 4-bedroom house with associated landscaping

Little Farm, Rucklers Lane, Kings Langley, Hertfordshire 

 

The Case Officer, Sally Robins introduced the report to Members and said that the application had been referred to the Committee due to the contrary views of the Parish Council.

 

Councillor Anderson spoke in objection to the application.

Simon Knight spoke in support of the application.

 

It was proposed by Councillor Guest and seconded by Councillor Durrant to DELEGATE with a view to APPROVAL.

 

Vote:

 

For:                  Against:                       Abstained:

7                          1                                    2

 

Resolved: That planning permission be DELEGATE 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:

            Approved Plans:

            328-LFK_07_001 P1

            328-LFK_07_010 P2

            328-LFK_07_110 P2

            328-LFK_07_111 P2

            328-LFK_07_112 P2

            328-LFK_07_311 P1

            328-LFK_07_310 P1

            328-LFK_07_211 P1

            328-LFK_07_210 P1

            328-LFK_07_010

           

            Supporting Documents:

            - TREE SURVEY AND ARBORICULTURAL IMPACT ASSESSMENT dated 28th May 2024 by GHA Trees

            - Planning, Design and Access Statement dated July 2024 by Simon Knight Architects

            - Tree Protection Plan dated Nov 2024 by GHA Trees

            - Preliminary Ecological Appraisal & Preliminary Roost Assessment dated 16th May 2024 by arbtech

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

 3.        No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:

            a) Risk assessment of potentially damaging construction activities.

            b) Identification of "biodiversity protection zones".

            c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

            d) The location and timing of sensitive works to avoid harm to biodiversity features.

            e) The times during construction when specialist ecologists need to be present on site to oversee works.

            f) Responsible persons and lines of communication.

            g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

            h) Use of protective fences, exclusion barriers and warning signs.

            i) Demonstrate how the development will protect the ancient woodland from any potentially damaging construction activities, and should also include how the works will be carried out under a minimum 15m buffer (outlined in Table 1 of the Preliminary Ecological Appraisal & Preliminary Roost Assessment dated 16th May 2024 by arbtech).

            Any external lighting 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.

            The development shall be carried out in accordance with the mitigation measures and recommendations set out in Table 4 of the Preliminary Ecological Appraisal & Preliminary Roost Assessment dated 16th May 2024 by arbtech, with respect to nesting birds, badgers, hedgehogs and reptiles.

            The approved scheme of enhancements shall be implemented in accordance with the approved details and thereafter so retained

            Reason: 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 (2013) and Section 15 of the National Planning Policy Framework (2024).

 4.        Prior to the commencement of the development hereby approved, the tree protection measures shown on the approved 'Tree Protection Plan' dated Nov 2024 by GHA Trees shall be implemented and thereafter retained until completion of the development. There shall be no excavation, changes in levels, storage of materials or access within the root protection areas of retained trees unless previously specified and agreed.

            Reason: In order to ensure that damage does not occur to trees 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 187 of the National Planning Policy Framework (2024).

 5.        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.

            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).

 6.        The demolition/development shall take place/commence in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved under condition 5.

            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).

 7.        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 5 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).

 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 condition (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.

 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.       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).

11.       Notwithstanding the details submitted, the development hereby approved shall not progress beyond damp proof course until a Biodiversity Enhancement Plan has been submitted to, and approved in writing by, the local planning authority. The Biodiversity Enhancement Plan should include the following:

            o One integrated bird box, and one integrated bat box should be incorporated into the building plan. The location and type of box should be outlined

            o One bat box, and one bird box should be erected on retained trees at the northern boundary of the site

            o One hedgehog gap per fence (where applicable).

            The approved scheme of enhancements shall be implemented in accordance with the approved details and thereafter so retained.

            Reason: 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 (2013) and Section 15 of the National Planning Policy Framework (2024).

12.       No construction of the superstructure 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:

            o          all external hard surfaces within the site

            o          other surfacing materials

            o          means of enclosure

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

            The 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).

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:

            Schedule 2, Part 2, Classes A, AA, 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 Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 135 of the National Planning Policy Framework (2024).

 

Informatives:

 

 1.        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.      

 2.        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.

 3.        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.

 4.        Contaminated Land: Guidance on how to assess and manage the risks from land contamination can be found here: https://www.gov.uk/government/publications/land-contamination-risk-management-lcrm and here: https://www.dacorum.gov.uk/docs/default-source/environment-health/development-on-potentially-contaminated-land.pdf?sfvrsn=c00f109f_8

 5.        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.

 6.        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.

 7.        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.

 8.        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.

 9.        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

10.       Article 35 Statement: Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. 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.

 

Cllr Wyatt-Lowe left after Item 5b and therefore did not hear Items 6 or 7.