Agenda item

4/02678/15/FUL LOXLEY FARM, CHAPEL LANE, LONG MARSTON, TRING, HP23 4QT

Minutes:

Proposal: The application seeks planning permission for erection of three new detached dwellings, together with new access, landscaping and car parking.  The existing stable buildings are to be demolished and all three new dwellings are to be accessed independently from the main house via an existing site entrance off Astrope Lane. The proposed dwellings are two storey which take the form of L shaped barn house with modern additions. The houses are laid out to create an entrance courtyard.

 

I Keen introduced the item and said it had been referred to committee due to the contrary views of Tring Rural Parish Council. It had been deferred at the previous committee to await further comments from Thames Water regarding sewerage. The recommendation has changed to be delegated to the Group Manager.

 

Paul Thomas and Sadia Luckett spoke in support of the application.

 

Parish Councillor Malcolm Morgan spoke in objection on behalf of the Parish Council and the community.

 

4/02678/15/FUL –

 

It was proposed by Councillor Guest and seconded by Councillor Clark to grant this application in line with the officer’s recommendation.

 

Vote

 

For: 7               Against: 3                    Abstained: 2

 

Resolved

 

That planning permission be DELEGATED to the Group Manager for Development Management and Planning 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. Details shall include:

 

Details of all materials including the use of cast stone and its finish (colour, texture etc) and its justification ;

Details of windows, doors and other openings;

The interface between the upper storey cladding and this cast stone at ground level

Details of rainwater provision;

Details of rooflights

 

 Development shall be carried out in accordance with the approved details.

 

Reason:  In the interests of the visual amenities of the Conservation Area and historic setting of the development in accordance with policy CS27 and 119 of the local plan.

 

3

No development shall take place until full details of both hard and soft landscape works in accordance with details under condition 4 shall have been submitted to and approved in writing by the local planning authority. These details shall include:

 

I)     hard surfacing materials;

·        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;

·        proposed finished levels or contours

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

               

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with policy CS12 and CS27 of the adopted Core Strategy.

 

4

Prior to the commencement of development, a full tree survey, tree contraints plan and tree protection measures in accordance with BS 5837; 2012 shall be submitted and approved in writing by the LPA. The development shall be carried out in strict accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with policies CS12, CS27 and policy 99 of the local plan.

 

5

The development permitted by this planning permission shall be carried out in accordance with the approved FRA carried out by Nimbus reference C-1526 dated August 2015 and Surface Water Management Strategy reference C1559 dated March 2016.

·        Limiting the surface water run-off generated by the 1 in 100 year + climate change critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site.

1.    Providing attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event.

2.    Implementing appropriate SuDS measures as indicated on drawing C1559-01 with the use of permeable paving, retention basin and rain garden with discharge into the watercourse.

3.    Providing swales as shown on drawing C1559-01 to intercept any overland flow.

4.    Secure remediation works for existing ditches prior to development commencement to ensure that they shall be kept clear of any obstruction to maintain any surface water flood flow.

The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Reason

To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants in accordance with policy CS31 of the adopted Core Strategy.

 

6

No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro- geological context of the development has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 1 in 100 year + 30% for climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

The scheme shall also include:

5.    Detailed drainage plan showing the location, size and engineering details of the proposed SuDS, pipe runs, manholes etc.

1.    Detailed modelling of the drainage system to support the proposed drainage strategy.

The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Reason

To prevent the increased risk of flooding, both on and off site in accordance with policy 31 of the adopted Core Strategy.

 

7

The development permitted by this planning permission shall be carried out in accordance with the following flood risk mitigation measures:

 

2.    Finished flood levels are set no lower than 0.7 metres above Ordnance Datum.

·        There shall be no raising of existing ground levels within Flood Zone 2 or Flood Zone 3.

·        Any walls or fencing constructed within Flood Zone 2 and Flood Zone 3 shall be designed to be permeable to flood water.

·        There shall be no storage of any materials including soil within the Flood Zone 3 area.

 

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

Reason To reduce the risk of flooding to the proposed development and future occupants and to prevent flooding elsewhere by ensuring that the flow of flood water is not impeded and the proposed development does not cause a loss of flood plain storage in accordance with policy 31 of the adopted Core Strategy.

 

 

8

No development shall commence until a construction management plan has been submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall contain the programme of works on site, area of construction vehicle parking, delivery and storage of materials within the site and construction vehicles wheel washing facilities and how the development will not affect the adjacent listed building. The construction of the development hereby permitted shall then be carried out in accordance with the approved Construction Management Plan.

 

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and harm to the listed building in accordance with Policies CS8 and CS27 of the  Core Strategy.

 

 

9

No development shall commence on site until a scheme has been submitted to, and agreed by the Council in consultation with Hertfordshire County Council, for the provision of a fire hydrant no dwelling shall be occupied until the hydrant serving the property or group of properties has been provided to the satisfaction of the Council.

 

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

 

 

10

Before development commences, additional layout plans, drawn to an appropriate scale, must be submitted and approved in writing by the Local Planning Authority, which clearly demonstrate how refuse is to be collected from the site.

Reason: The above condition is required to ensure that refuse collection does not have a significant adverse effect on the safety and efficiency of the highway and to ensure that compliance with standards in ‘Roads in Hertfordshire – highway design guide’ is achievable at all times in accordance with policies CS8 and CS12 of the adopted Core Strategy

 

11

Vehicular visibility splays of not less than 2.4 m x 43 m shall be provided before any part of the development hereby permitted is first brought into use, and they shall thereafter be maintained, in both directions from the access, within which there shall be no obstruction to visibility between a height of 0.6 m and 2.0 m above the carriageway. 

Reason:  In the interests of highway safety in accordance with policy CS8 of the adopted Core Strategy.

 

12

No demolition/development shall take place/commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing.  The scheme shall include an assessment of significance and research questions; and:

1.            The programme and methodology of site investigation and recording

2.            The programme for post investigation assessment

3.            Provision to be made for analysis of the site investigation and recording

4.            Provision to be made for publication and dissemination of the analysis and records of the site investigation

5.            Provision to be made for archive deposition of the analysis and records of the site investigation

6.            Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

 

Reason: to provide properly for the likely archaeological implications of this development proposal in accordance with paragraph 141 of the National Planning Policy Framework, relevant guidance contained in the National Planning Practice Guidance, and the recently issued Historic Environment Good Practice Advice in Planning Note 2: Managing Significance in Decision-Taking in the Historic Environment (Historic England, 2015).

 

13

1) Any demolition/development shall take place in accordance with the Written Scheme of Investigation approved under condition 12.

2) The development shall not be occupied 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 12 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

Reason: to provide properly for the likely archaeological implications of this development proposal in accordance with paragraph 141 of the National Planning Policy Framework, relevant guidance contained in the National Planning Practice Guidance, and the recently issued Historic Environment Good Practice Advice in Planning Note 2: Managing Significance in Decision-Taking in the Historic Environment (Historic England, 2015).

 

 

14

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, B, C, E, F.

Part 2 Classes A and B

 

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 and its historic setting, and the Flood Risk and drainage of the site in accordance with policies CS12, CS27 and CS31 of the adopted Core Strategy.

 

15

Unless otherwise agreed in writing by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not 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 are subject to the approval 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:

 

·                    a survey of the extent, scale and nature of contamination;

 

(ii)        an assessment of the potential risks to:

(i)    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

 

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, unless otherwise agreed in writing by the Local Planning Authority.  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 report (referred to in PPS23 as a 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 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, Core Strategy.

 

 

16

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

 

 

P094_GA_1.01 p3

P094_GA_1.02 P3

P094_GA_1.03 P3

P094_GA_1.04 P3

P094_GA_1.05 P3

p094_SP_00 P3

P094_SP_01 p3

P094_SP_02 P3

P094_GA_2.04 p2

P094_GA_2.05 P2

P094_GA_3.04 P2

P094_GA_3.05 P2

P094_GA_2.01 p2

P094_GA_2.02 P2

P094_GA_2.03 P2

P094_GA_2.04 P2

P094_GA_2.05 P2

P094_GA_3.01 P2

P094_GA_3.02 P2

P094_GA_3.03 P2

P094_GA_3.04 P2

P094_GA_3.05 P2

 Water Surface Management Strategy March 2016

Newt Mitigation Plan

P04_ms_01

P04_ms_02

P094_LP_01

 

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

 

No development shall take place before the demolition of the existing stable building.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policies CS7, CS11, CS12 and CS27 of the Dacorum Core Strategy 2013.

 

 

 

 

Supporting documents: