Agenda item

4/01796/16/FUL - THE BUNGALOW, REDBOURN ROAD, HEMEL HEMPSTEAD, HP2 7BA

Minutes:

Proposal: The application seeks permission for the construction of a single storey building, replacing the existing bungalow which is already partly demolished under the above mentioned approval. The proposal would afford five units for businesses and, with regards to the Town and Country Planning (Use Classes) Order 1987 (as amended), the primary use would be Use Class B1(c) (light industrial). There may also be other ancillary uses, such as B1(a) (offices), B1(b) (research and developments of products and processes) and B8 (storage).     

The new building would be constructed in an ‘L-shape’, with a maximum height of approximately 6m and a total gross internal floor area of approximately 536m². The building would be constructed of vertical grey cladding and brickwork similar to that found at the adjacent MBC under a shallow grey clad pitched roof.

M Heron introduced the report to members and said that it was before the committee as Dacorum Borough Council were the land owners. He said that condition 11 would be removed as the information was duplicated in other conditions.

Howard and Gloria Russell spoke in objection to this application.

Members wanted a condition that addressed the security lighting.

It was proposed by Councillor Birnie and seconded by Councillor Clark that the application be granted in line with the officer’s recommendation and subject to the additional conditions.

Vote

For: 10             Against: 0                    Abstained: 1

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

The development hereby permitted shall not be carried out other than in accordance with the following approved plans/documents: 15023_PL_002 Rev. 1 & 15023_PL_001 Rev. 1 & 15023_PL_006 Rev. 5 & 15023_PL_007 Rev. 4 & 15023_PL_004 Rev. 5 & 15023_PL_003 Rev. 3 & 15023_PL_005 Rev. 2 & -210 & 15023_PL_008 Rev. 1 & Materials specification document entitle ‘Maylands Business Centre Extension, External Materials Image Board, June 2016’ & Construction Phase Pedestrian and Site Traffic Plan & C1194 Traffic Schedule & Parking Instructions for Site Operatives/Management and Visitors & statement within e-mail received and dated 5 August 2016 confirming that, when possible, all vehicles will use the main Maylands Business Centre access and the vehicular access to the bungalow will be closed off permanently as soon as possible. 

Reason: For the avoidance of doubt, in the interests of proper planning, to ensure a satisfactory appearance to the development and to ensure that the proposal is acceptable in terms of highway safety, in accordance with Policies CS8, CS11 and CS12 of the Dacorum Core Strategy 2013.

 

 

3

Prior to first occupation of the building hereby approved full details on a suitably scaled plan of both hard and soft landscape works must be submitted to and approved in writing by the Local Planning Authority. Subsequently, these works shall be in addition to those shown on the approved plans and shall be carried out and retained as approved.  The landscaping details to be submitted shall include:-

 

a) means of enclosure;

b) existing and proposed finished levels and finished floor levels.

c) planting plans, including specifications of species, sizes, planting centres, planting method and number and percentage mix;

d) details for all external hard surface within the site, including roads, drainage detail  and car parking areas;

e) details of planting or features to be provided to enhance the value of the development for biodiversity and wildlife, including details of bat and bird boxes;

f) management and maintenance details.

 

Reason: The landscaping of this site is required in order to protect and enhance the existing visual character of the area and to reduce the visual and environmental impacts of the development hereby permitted in accordance with Policies 99 and 100 of the Dacorum Local Plan 2004.

 

 

4

All planting, seeding or turfing and soil preparation comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following first occupation of the building; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation. All landscape works shall be carried out in accordance with the guidance contained in British Standards unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure proper implementation of the agreed landscape details in the interest of the amenity value of the development in accordance with Policies 99 and 100 of the Dacorum Local Plan 2004.

 

 

5

Prior to the first occupation of the development hereby permitted full details, on a suitably scaled plan, of the alterations to the existing cycle store and bin store, as illustrated on approved plan no. 15023_PL_003 Rev. 3, must be submitted to and approved in writing by the Local Planning Authority. Subsequently, these works shall be in addition to those shown on the approved plans and shall be carried out and retained in accordance with approved details.

 

Reason: To ensure a satisfactory appearance to the development in accordance with Policies CS11 and CS12 of the Dacorum Core Strategy 2013.

 

 

6

Prior to first occupation of the development hereby approved, full details of the specification of external lighting must be submitted to and approved in writing by the Local Planning Authority. Subsequently the lighting associated with this development shall be in accordance with these approved details.

 

Reason: In the interests of the living conditions of the occupants of neighbouring units, in accordance with Policy CS12 of the Dacorum Core strategy 2013 and Policy 113 of the Dacorum Local Plan 2004.

 

 

7

Prior to first occupation of the development hereby approved, a scheme must been submitted to, and agreed by the Council in consultation with Hertfordshire County Council, for the provision of a fire hydrants. No units shall be occupied until the hydrant serving the approved building has been provided to the satisfaction of the Council. The fire hydrants must thereafter be retained in associated with the approved development.

 

Reason: To provide for a safe means of access for fire and emergency vehicles in accordance with policy CS12 of the Dacorum Core Strategy 2013.

 

 

8

The development hereby approved shall be used for light industrial (Use Class B1(c)) only.

 

Reason: To ensure that the development remains in an acceptable use, in accordance with Policies CS1, CS4, CS14, CS15, CS35 and CS35 of the Dacorum Core Strategy 2013 and Policy 31 of the Dacorum Local Plan 2004

 

 

9

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order amending or re-enacting that Order with or without modification) no development within Schedule 2, Part 3, Class PA shall take place.

Reason: To enable the local planning authority to retain control over the development in the interests of safeguarding residential amenity, in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

 

 

10

Prior to the first occupation of the development hereby approved, a full noise assessment in accordance with PPG24 to include details of any proposed noise mitigation works, must be undertaken and submitted to and approved in writing by the Local Planning Authority. Any noise control measures identified to preserve the living conditions of the occupiers of surrounding residential units shall also be completed before any part of the development is occupied and retained thereafter.

 

Reason: In the interests of the living conditions of the occupants of neighbouring units, in accordance with Policy CS12 of the Dacorum Core strategy 2013.

 

 

11

Any machinery to be used on the premises 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 submitted to and approved in writing by the Local Planning Authority.

 

Reason: In the interests of the living conditions of the occupants of neighbouring units, in accordance with Policy CS12 of the Dacorum Core strategy 2013.

 

 

12

No external loudspeaker systems shall be installed at the site in association with the development hereby approved.

 

Reason: In the interests of the living conditions of the occupants of neighbouring units, in accordance with Policy CS12 of the Dacorum Core strategy 2013.

 

 

13

No development shall commence until Conditions (a) to (d) below have been complied with.  If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until Condition (d) has been complied with in relation to that contamination.

 

(a)      Site Characterisation

 

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site.  The contents of the scheme must be submitted and approved in writing of the Local Planning Authority.  The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

 

(iii)         a survey of the extent, scale and nature of contamination;

 

(ii)      an assessment of the potential risks to:

·        human health,

·        property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

·        adjoining land,

·        groundwaters and surface waters,

·        ecological systems,

·        archeological sites and ancient monuments;

 

·        an appraisal of remedial options, and proposal of the preferred option(s).

 

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

 

(b)      Submission of Remediation Scheme

 

If contaminated land is identified through condition (a), a detailed 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 and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority.  The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.  The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

(c)      Implementation of Approved Remediation Scheme

 

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

 

Following completion of measures identified in the approved remediation scheme, a verification/validation report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

 

(d)      Reporting of Unexpected Contamination

 

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority.  An investigation and risk assessment must be undertaken in accordance with the requirements of Condition (a) above, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Condition (b), which is subject to the approval in writing of the Local Planning Authority.

 

Following completion of measures identified in the approved remediation scheme a verification/validation report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with Condition (c).

 

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 Policy CS32 of the adopted Core Strategy.

 

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 (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.  

 

Informatives

 

1. The attention of the applicant is drawn to the Control of Pollution Act 1974 relating to the control of noise on construction and demolition sites.

 

2. In accordance with the councils adopted criteria, all noisy works associated with site demolition, site preparation and construction works should be limited to the following hours: 0730hrs to 1830hrs on Monday to Saturdays, no works are permitted at any time on Sundays or bank holidays.

 

3. Dust from operations on the site should minimised by spraying with water or by carrying out of other such works that may be necessary to suppress 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.

 

4. Prior to works commencing the applicant is recommended to carry out a survey to identify the presence of any asbestos on the site, either bonded with cement or unbonded. If asbestos cement is found it should be dismantled carefully, using water to dampen down, and removed from site. If unbonded asbestos is found the Health and Safety Executive at Woodlands, Manton Lane, Manton Lane Industrial Estate, Bedford, MK41 7LW should be contacted and the asbestos shall be removed by a licensed contractor.

 

5. Waste materials generated as a result of the proposed demolition and/or construction operations should be disposed of with following the proper duty of care and should not be burnt on the site. Only where there are no suitable alternative methods such as the burning of infested woods should burning be permitted.

 

6. The applicant is advised to contact the Hertfordshire Highways at The Rotunda, Old London Road, Hertford, SG13 7XP, tel: 01992 526900, with regard to the carrying out of any works on footway, carriageway, verge or other land forming part of the highway.

 

 

Supporting documents: