Agenda item

4/01353/16/ROC - LAND ADJ HOLLY HOUSE, DOCTORS COMMONS ROAD, BERKHAMSTED, HP4 3DR

Minutes:

I Keen introduced the item and said that planning permission is sought for minor amendments to a previously approved single dwelling. It has been brought to committee due to the contrary views of Berkhamsted Town Council.

John Gerry spoke in support of this application.

Daniel Willis spoke in objection of this application.

Town Councillor Garrick Stevens spoke in objection of this application.

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

Vote

For: 7               Against: 0                    Abstained: 4

Resolved

That determination of the application be DELEGATED to the Group Manager of Development Management and Planning, following the expiry of the consultation period and no additional material considerations being raised, with a view to GRANT with the following conditions:

1

The development hereby permitted shall be begun before the expiration of three years from the date of planning permission 4/03375/14/FUL.

 

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 constructed in accordance with the materials specified on the approved drawings and e-mail dated 22 June 2016.

 

Reason: To ensure a satisfactory appearance to the development and in the interests of the visual amenities of the Conservation Area in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 120 of the Dacorum Borough Local Plan 1991-2011.

 

3

All hard and soft landscape works including the planting of a 2m high leylandi tree on the south-western side boundary shall be carried out in accordance with the approved details (including e-mail from TW-2 Architects dated 22 June 2016).  The works shall be carried out prior to the occupation of any part of the development 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.

 

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 five (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.

 

5

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 Policy CS12 of the Dacorum Core Strategy 2013.

 

6

No materials, plant, soil or spoil shall be stored underneath the canopy of any tree on the site which is shown for retention on the approved Drawing No. 13 399 PL20B.

 

Reason: In order to ensure that damage does not occur to the trees during building operations in accordance with Policy CS12 of the Dacorum Core Strategy 2013 and saved Policy 99 of the Dacorum Borough Local Plan 1991-2011.

 

7

Pedestrian visibility splays of 2 m x 2 m shall be provided before any part of the development is first brought into use, and they shall thereafter be maintained, on both sides of the entrance to the site, within which there shall be no obstruction to visibility between 600 mm and 2 m above the carriageway.

 

Reason: In the interests of highway safety in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

 

8

The development hereby permitted shall not be occupied until the arrangements for vehicle parking shown on Drawing No. 13 399 PL20B shall have been provided, and they shall not be used thereafter otherwise than for the purposes approved.

 

Reason: To ensure the adequate and satisfactory provision of off-street vehicle parking facilities in accordance with Policy CS12 of the Dacorum Core Strategy 2013 and saved Policy 58 of the Dacorum Borough Local Plan 1991-2011.

 

9

Notwithstanding the details shown on Drawing No. 13 399 PL21A, the windows at ground floor level in the north-eastern and south-western side elevation of the dwelling hereby permitted, shall be non-opening below a height of 1.7m from finished floor level and shall be permanently fitted with obscured glass.

 

Reason: In the interests of the amenity of adjoining residents in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

 

10

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

 

13 399 PL20B (site location plan, proposed block plan, floor plans and roof plan);

13 399 PL21A (proposed elevations);

13 399 PL22A (proposed rear elevation and site section);

Sustainability Statement contained in Design and Access Statement approved under 4/03375/14/FUL; and

E-mail from TW-2 Architects dated 22 June 2016.

 

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

 

Article 31 Statement

 

Planning permission has been granted for this proposal. The Council acted proactively through positive discussion 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 INFORMATIVE

 

The highway authority require the construction of the vehicle crossover to be undertaken by approved contractors so that the works are carried out to their specification and by a contractor who is authorised to work in the public highway.  The applicant will need to contact www.hertsdirect.org or telephone 0300 1234 047 for further information.  This may mean the developer will have to enter into a Section 278 agreement.

 

All areas for storage and delivery of materials associated with the construction of this development shall be provided within the site on land, which is not public highway, and the use of such areas shall not interfere with the use of the public highway.

 

THAMES WATER INFORMATIVE

 

Waste Comments

 

Surface Water Drainage - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

 

Thames Water would advise that with regard to sewerage infrastructure capacity, we would not have any objection to the above planning application.

 

Legal changes under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 mean that the sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you contact Thames Water to discuss their status in more detail and to determine if a building over / near to agreement is required. You can contact Thames Water on 0845 850 2777 or for more information please visit our website at www.thameswater.co.uk

 

Water Comments

 

With regard to water supply, this comes within the area covered by the Affinity Water Company. For your information the address to write to is - Affinity Water Company The Hub, Tamblin Way, Hatfield, Herts, AL10 9EZ - Tel - 0845 782 3333.

 

 

Supporting documents: