Agenda item

4/00524/16/FUL - 25 HALL PARK GATE, BERKHAMSTED, HP4 2NL

Minutes:

Councillor Matthews declared a personal interest as one of the speaker’s is known to him. He reserved his right to speak and vote thereon.

I Keen introduced the report and stated that it had been referred to committee due to the contrary views of Berkhamsted Town Council.

Mr Millican spoke in support of the application.

Nick Dyke and Sarah Lightfoot spoke in objection to the application.

Berkhamsted Town Councillor Garrick Stevens spoke in objection to the application.

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Whitman to grant the application in line with the officer’s recommendation.

Vote

For: 6                           Against: 2                    Abstained: 6

Resolved

That planning permission be GRANTED subject to the following conditions:

1

The development hereby permitted shall be begun 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

No development shall take place until samples and details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

 

3

No development shall take place until full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority.  These details shall include:

 

·        hard surfacing materials;

·        means of enclosure;

·        soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

·        trees to be retained and measures for their protection during construction works;

·        proposed finished levels or contours;

·        car parking layouts and other vehicle and pedestrian access and circulation areas.

 

All hard and soft landscape works shall be carried out in accordance with the approved details.  The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted or in accordance with a programme agreed with the local planning authority.

               

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policy CS12 of the Dacorum Core Strategy 2013 and saved Policy 99 of the Dacorum Borough Local Plan 1991-2011.

 

4

In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of 5 years from the date of the occupation of the building for its permitted use.

 

(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority.  Any topping or lopping approved shall be carried out in accordance with British Standard 3998: 1989  Recommendations for Tree Work.

 

(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority.

 

(c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policy CS12 of the Dacorum Core Strategy 2013 and saved Policy 99 of the Dacorum Borough Local Plan 1991-2011.

 

5

The dwelling hereby approved shall not be occupied until details of the disposal of surface water from the new parking areas have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved before the dwelling is occupied.

 

Reason:  To minimise danger, obstruction and inconvenience to highway users and to ensure the satisfactory disposal of surface water in accordance with Policies CS8 and CS31 of the Dacorum Core Strategy 2013.

 

6

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015  (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 A and C.

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding the residential amenity of the locality and retaining sufficient private amenity space in accordance with Policies CS12 of the Dacorum Core Strategy 2013.

 

7

The development hereby permitted shall be carried out in accordance with the approved sustainability statement. 

 

Reason:  To ensure the sustainable development of the site in accordance with Policy CS29 of the Dacorum Core Strategy 2013.

 

8

The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

ENT 173 SUR 001 Rev A (site location plan);

ENT 173 PA 001 (proposed block plan);

ENT 173 PA 100 (proposed floor plans, elevations, section and street scene); and

Energy and Sustainability Statement Rev A prepared by MSquare Architects Ltd).

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

 

Article 35

 

Planning permission has been granted for this proposal.  The Council acted proactively through positive engagement with the applicant during the determination process which led to improvements to the scheme.  The Council has therefore acted proactively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

Hertfordshire Highways Informatives

 

Advisory notes as follows to ensure that any works within the highway are carried out in accordance with the provisions of the Highway Act 1980.

AN1. Road Deposits: Best practical means shall be taken at all times to ensure that all vehicles leaving the development site during construction of the development are in condition such as not to emit dust or deposit mud, slurry or other debris on the highway. This is to minimise the impact of construction vehicles and to improve the amenity of the local area.

AN2. The applicant is advised that storage of materials associated with the development should take place within the site and not extend into within the public highway without authorisation from the highway authority, Hertfordshire County Council. If necessary further details can be obtained from the County Council Highways via the website http://www.hertsdirect.org/services/transtreets/highways/ or telephone 0300 1234047 to arrange this.

AN3.The developer should be aware that the required standards regarding the maintenance of the public right of way and safety during the construction. The public rights of way along the carriageway and footways should remain unobstructed by vehicles, machinery, materials and other aspects of construction works. Prior to commencement of the construction of any development the applicant should submit a Construction Management Plan for the LPA's approval in consultation with the highway authority.

AN4. Where works are required within the public highway to facilitate access the highway authority require the construction of such works to be undertaken to their specification and by a contractor who is authorised to work in the public highway. In relation to vehicle crossovers the applicant is advised to see the attached website.

Vehicle crossover guidance http://www.hertsdirect.org/docs/pdf/d/vxo.pdf and to apply for vehicle crossover

http://www.hertsdirect.org/services/transtreets/highways/hhonlineservices/vxo/

 

Supporting documents: