Agenda item

1

The Development hereby permitted shall be carried out in accordance with the details of materials which were submitted to and approved by the local planning authority under planning reference 4/00871/14/DRC on 21st August 2015.

Reason:  To ensure a satisfactory appearance to the development in accordance with Policies CS10, 11, 12 and 13 of the Dacorum Core Strategy (September 2013).

2

The development shall not be occupied until details of the position of external gas feed pipes on the development, and details of proposals to mitigate the appearance of or position of the extended flues on the ground floor front elevation, 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 Policies CS10, 11, 12 and 13 of the Dacorum Core Strategy (September 2013).

3

The Development hereby permitted shall be carried out in accordance with the details of landscaping which was submitted to and approved by the local planning authority under planning reference 4/00871/14/DRC on 21st August 2015.

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted or within such other timescale as may be agreed with the local planning authority. Any tree or shrub which forms part of the approved landscaping scheme which within a period of five 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 species, size and maturity to be approved by 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 Policies CS11, 12 and 13 of the Dacorum Core Strategy (September 2013) and saved Policy 100 of the Dacorum Borough Local Plan 1991-2011.

4

The Development hereby permitted shall be carried out in accordance with the details of the following which were submitted to and approved by the local planning authority under planning reference 4/00985/15/DRC on 6th July 2015.

·        all external boundary walls;

·        secure cycle stores;

·        bin stores, including refuse provision for the commercial units;

·        all windows, doors and openings (including materials, finishes, cills, window headers and vertical cross sections through the openings);

·        all dormer windows;

·        fascia / soffit / eaves;

·        all balconies, railings, balustrades;

·        the shop fronts (including materials and vertical cross sections through the shop fronts).
 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policies CS10, 11, 12 and 13 of the Dacorum Core Strategy (September 2013).

5

All windows shall be vertical sliding or shall otherwise be designed to prevent opening lights disrupting the visual appearance of the facades, and window frames shall be recessed a minimum of 90 mm, unless otherwise agreed in writing with the local planning authority.

Reason: To provide strong visual relief and to prevent opening lights from disrupting the visual appearance of the facades in accordance with Policies CS10, 11 and 12 of the Dacorum Core Strategy (September 2013). 

6

The development shall not be occupied until the arrangements for car park accesses, parking, circulation, and turning areas shall have been constructed, surfaced and permanently marked out, and they shall not be used thereafter otherwise than for the purposes approved.

Reason:  To ensure that adequate parking is provided at all times so that the development does not prejudice the free flow of traffic or the conditions of general safety along the adjacent highway(s), or the amenities and convenience of existing local residents and businesses in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013) and saved Policies 51 and 58 of the Dacorum Borough Local Plan 1991-2011.

7

The Development hereby permitted shall be carried out in accordance with the details of contractors compound on-site for the storage of all materials, plant and equipment, together with parking to be provided for the use of all contractors, sub-contractors, visitors and delivery vehicles engaged on or having business on site which were submitted to and approved by the local planning authority under planning reference 4/00871/14/DRC on 21st August 2015.

Reason: In the interests of Highway safety and efficiency and to ensure the adequate and satisfactory provision of off-street construction-related facilities in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013) and saved Policy 51 of the Dacorum Borough Local Plan 1991-2011.

8

The Development hereby permitted shall be carried out in accordance with the details of means of cleaning the wheels of all vehicles leaving the site which were submitted to and approved by the local planning authority under planning reference 4/00871/14/DRC on 21st August 2015.

Reason: To ensure that all vehicles leaving the development site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway, in order to minimise the impact of construction vehicles and to improve the amenity of the local area in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013) and saved Policy 51 of the Dacorum Borough Local Plan 1991-2011.

9

The Development hereby permitted shall be carried out in accordance with the details of the turning head to be provided at the end of Storey Street together with details of the permanent closure of Storey Street with London Road (including environmental enhancements) and measures to make the service road within the site one way (including measures to enforce this) which were submitted to and approved by the local planning authority under planning reference 4/00871/14/DRC on 21st August 2015.

Reason:  To ensure that a turning facility is available at the end of Storey Street in association with the closure of Storey street in the interests of highway safety and convenience, and to ensure that the works will enhance the appearance of the street scene in accordance with Policies CS11, 12 and 13 of the Dacorum Core Strategy (September 2013) and saved Policy 51 and proposal TWA8 of the Dacorum Borough Local Plan 1991-2011.

10

The development hereby permitted shall be carried out in accordance with the approved C-Plan Sustainability Statement and preliminary SAP and Code for Sustainable Homes Energy 1 and Energy 2 Tool which were submitted under application reference 4/01010/13/MFA. 

Reason:  To ensure the sustainable development of the site in accordance with Policy CS29 and Para 18.22 of the Dacorum Core Strategy (September 2013).

11

The extent and nature of contamination is as submitted and approved under  planning reference 4/00871/14/DRC on 21st August 2015.

Reason: For the avoidance of doubt and to ensure that risks from land contamination to the future users of the land, and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy (September 2013) and to protect groundwater in line with Paragraphs 109, 120 and 121 of the National Planning Policy Framework. (Refer to Scientific Officer and Environment Agency recommendations)

12

The Development hereby permitted shall be carried out in accordance with the details of remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural environment which were submitted to and approved by the local planning authority under planning reference 4/00871/14/DRC on 21st August 2015. The remediation scheme shall be implemented in accordance with the approved timetable of works.

Reason: To ensure that risks from land contamination to the future users of the land, and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy (September 2013) and to protect groundwater in line with Paragraphs 109, 120 and 121 of the National Planning Policy Framework. (Refer to Scientific Officer and Environment Agency recommendations)

13

Within 6 months of the completion of measures identified in the approved remediation scheme, a validation report (that demonstrates the effectiveness of the remediation carried out) shall be submitted to the local planning authority for its written approval.

Reason: To ensure that risks from land contamination to the future users of the land, and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy (September 2013) and to protect groundwater in line with Paragraphs 109, 120 and 121 of the National Planning Policy Framework. (Refer to Scientific Officer and Environment Agency recommendations)

14

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it shall be reported in writing within 7 days to the local planning authority and once the local planning authority has identified the part of the site affected by the unexpected contamination, development shall be halted on that part of the site. An assessment shall be undertaken in accordance with the requirements of Condition No 11, and where remediation is necessary a remediation scheme, together with a timetable for its implementation, shall be submitted to and approved in writing by the local planning authority in accordance with the requirements of Condition No 12. The measures in the approved remediation scheme shall then be implemented in accordance with the approved timetable. Following completion of measures identified in the approved remediation scheme a validation report shall be submitted to and approved in writing by the local planning authority in accordance with Condition No 13.

Reason: To ensure that risks from land contamination to the future users of the land, and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy (September 2013) and to protect groundwater in line with Paragraphs 109, 120 and 121 of the National Planning Policy Framework. (Refer to Scientific Officer and Environment Agency recommendations)

15

Piling or any other foundation designs using penetrative methods is not permitted other than with the express written consent of the Local Planning Authority, which may only be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason: To protect groundwater in line with the National Planning Policy Framework, Policies CS31 and CS32 of the Dacorum Core Strategy (September 2013), and the Thames River Basin Management Plan. (Refer to advice of Environment Agency).

16

The Development hereby permitted shall be carried out in accordance with the details of surface water drainage system which were submitted to and approved by the local planning authority under planning reference 4/00871/14/DRC on 21st August 2015. The development shall be carried out and thereafter retained fully in accordance with the approved details.

Reason:    To protect groundwater in line with the National Planning Policy Framework, Policies CS31 and CS32 of the Dacorum Core Strategy (September 2013), and the Thames River Basin Management Plan. (Refer to advice of Environment Agency)

17

The Development hereby permitted shall be carried out in accordance with the details of noise assessment which was submitted to and approved by the local planning authority under planning reference 4/03963/15/DRC on 7th March 2016. All plant, machinery and equipment installed or operated in connection with the carrying out of this permission shall be so enclosed and/or attenuated that noise from the mechanical extraction plant or ventilation extraction system does not, at any time, increase the ambient equivalent continuous noise level.

Reason: To protect the amenities of proposed and adjoining development. To ensure that any extraction plant comprising the residential artificial ventilation system or servicing the commercial retail units does not cause noise complaints in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013).

18

Before any mechanical extraction plant or ventilation extraction system is used on the premises it shall be enclosed with sound insulating materials and installed using appropriate anti-vibration mountings in a way that minimises the transmission of structure borne sound and vibration in accordance with a scheme to be approved in writing by the Local Planning Authority.

Reason:To prevent detriment to the amenity from the transmission of structure borne vibration in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013).

19

The Development hereby permitted shall be carried out in accordance with the details of measures to be included in the development to ensure that rooms fronting London Road achieve suitable air quality standards which were submitted to and approved by the local planning authority under planning reference 4/03963/15/DRC on 7th March 2016.

Reason: The area is an Air Quality Management Area (AQMA) and residential use would not normally be recommended in such an area. Mitigating measures are required to ensure that the development limits its impact on air quality in this area and of traffic pollution on the occupants of and visitors to the development in accordance with Policy CS32 of the Dacorum Core Strategy (September 2013). 

20

The Development hereby permitted shall be carried out in accordance with the details of measures to be incorporated into the design of the development to meet secured by design principles which were submitted to and approved by the local planning authority under planning reference 4/00871/14/DRC on 21st August 2015. The measures shall thereafter be retained and adequately maintained at all times unless otherwise agreed in writing by the local planning authority.

Reason:  To ensure a secure and safe form of development for the residents in accordance with Best Practice and Secured by Design principles and Policy CS12 of the Dacorum Core Strategy (September 2013).

21

Before any new access permitted is first brought into use the existing access(es) shall be stopped up and closed by removing the vehicle crossover, raising the kerb and reinstating the footway surface.

Reason:  In the interests of highway safety and to ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013) and saved Policy 51 of the Dacorum Borough Local Plan 1991-2011.

22

The Development hereby permitted shall be carried out in accordance with the details of measures to recycle and reduce construction waste which may otherwise go to landfill which were submitted to and approved by the local planning authority under planning reference 4/00871/14/DRC on 21st August 2015.

Reason: To accord with the waste planning policies of the area and Policy CS29 of the Dacorum Core Strategy (September 2013).

23

No part of the development hereby permitted shall be occupied until the refuse storage facilities shown on Drg. No. C1962 / P-01 Rev 18 shall have been provided, and such facilities shall thereafter be retained and adequately maintained at all times for this purpose.

Reason:  To ensure satisfactory provision for refuse storage in the interests of residential and visual amenities in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013).

24

Shop window displays shall at all times be maintained to the retail units and no window film shall be applied that would obscure the windows. Any security shutters shall be by means of internal open grilles only.

Reason: To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policy CS13 of the Dacorum Core Strategy (September 2013).

25

The retail units hereby permitted shall only be used for retail purposes within Class A1 of the Town and Country Planning (Use Classes Order) 2005 (or any order revoking and re-enacting that Order).

Reason: For the avoidance of doubt and to reinforce the retail character of this part of Apsley in the interests of enhancing the vitality and viability of Apsley local centre in accordance with Policy CS13 of the Dacorum Core Strategy (September 2013), Proposal TWA8 of the Dacorum Borough Local Plan 1991-2011 and the objectives of the Two Waters and Apsley Inset.

26

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

C1962 / P-01 Rev 18

C1962 / GA-11 Rev A

C1962 / GA-04_OP1G

C1962 / A-12 Rev A

together with the following plans approved under 4/01010/13/MFA:

7868/001H

7868/002E

7868/003E

7868/004E

7868/007A

7868/008D

7868/009A

7868/010B

7868/011B

7868/012

M/1041850/002/002

Topographic Survey

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

INFORMATIVE

The development hereby permitted is an amendment to the permission granted under planning permission 4/01010/13/MFA.

Article 35 Statement

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the application process which lead to improvements to the scheme to enable permission to be granted. The Council has therefore acted pro-actively 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) (Amendment No. 2) Order 2015.