Agenda item

4/01933/16/FUL - MERRICKS, 328 HIGH STREET, BERKHAMSTED, HP4 1HT

Minutes:

Councillor Ritchie declared a personal interest in this item as he knew the applicant on a personal basis. He reserved his right to speak but abstained from the vote.

N Gibbs introduced the report and said it been brought to committee due to a similar scheme previously being refused by the Development Control Committee.

Penny Ingram spoke in support of the application.

Toby Cotton spoke in objection to the application.

It was proposed by Councillor Birnie and seconded by Councillor Whitman to grant the application in line with the officer’s recommendation with “garage” omitted from condition 4.

Vote

For: 11            Against: 0                   Abstained: 2

Resolved:

That planning permission be GRANTED subject to the following conditions:                                                                                                                            

1

Before the first occupation of the dwelling house hereby permitted the following shall be provided and thereafter retained at all times:

 

1. A close boarded 2m high fence (as measured from the immediately adjoining ground level at no. 330 High Street ) along the whole length of common boundary between the northern corner of the garage and 4m beyond the rear elevation of the dwellinghouse hereby permitted as shown by Drawing Nos. 281 Revision A  and 282 Revision B.

 

2. The landing window within the western elevation fitted obscure glass with non opening windows/ fixed as shown by Drawing No. 282 Revision B, other than a top hung component above 1.6m finished floor level.  

 

3. The whole of the north western part of the rear bedroom no. 1 window fitted with obscure glass and non opening/ fixed as shown by Drawing Nos. 281 Revision A.

 

4. The ground floor shower room and first floor bathroom windows within the eastern elevation fitted with obscure glass with only a top hung opening at no lower than 1.6m above finished floor level.      

 

Reason: In the interests of residential amenity of the No.330 High Street, No. 326 High Street and the application site to accord with the requirements of Policy CS12 of  the Dacorum Core Strategy.

 

2

The development hereby permitted shall be carried out fully in accordance with the materials specified by Drawing No. 281 Revision B and all the windows and doors shown by this drawing  (other than the aluminium patio doors) shall be of stained timber and all rainwater gutters and downpipes shall be of black painted metal timber.

 

Reason: In the interests of the character and appearance of the Conservation Area to accord with the requirements of Policies CS10 ,CS12 and CS27 of the Dacorum Core Strategy and the saved Policy 120 of the Dacorum Borough Local Plan.

 

3

The dwelling house hereby permitted shall not be occupied until the vehicular access shown by Drawing No. 282 Revision A is provided onto St Johns Well Court and thereafter the access shall be retained at all times.  The access shall be of the same level as St Johns Well Court. Before the occupation of the dwelling house lockable bollards shall be installed within the access drive roadway between nos 328 and 330 High Street fully in accordance with Drawing No. 282 Revision B and thereafter the bollards shall be retained at all times.   

 

Reason: In the interests of highway safety and crime prevention in accordance with Policies CS9, CS12, CS29 and CS32 of Dacorum Core Strategy and saved Policies 51, 54 62, 63, 113 and Appendix 8 of Dacorum Borough Local Plan.    

 

 

4

The permeable block paved parking space and turning area shown by Drawing No. 282 Revision A shall be provided fully in accordance with this drawing before the first occupation of the dwelling house hereby permitted and thereafter the parking and turning area shall be only used for the parking and turning of vehicles.

 

Reason: To ensure the adequate and satisfactory provision of off-street vehicle parking facilities and in the interests of highway safety in accordance with Policies CS8 & CS12 of the Dacorum Core Strategy and Policies 54 and 58 and saved Appendix 5 of the Dacorum Borough Local Plan.

 

 

5

The dwelling house hereby permitted shall be provided at all times with an access for persons with disabilities fully in accordance with Drawing Nos. 280 Revision A and 282 Revision A.

 

Reason: To ensure that dwellinghouse hereby permitted is served at all times with the access to accord with Policies CS8 and CS12 of Dacorum Core Strategy and saved Policy 63 Dacorum Borough Local Plan. and  

 

6

All the close boarded 1.8m high fencing fronting the existing access road shown by Drawing No. 282 Revision A shall be retained at all times. 

 

Reason: In the interests of residential amenity of the new dwelling house and 326 High Street to accord with the requirements of Policy CS12 of  the Dacorum Core Strategy.

 

 

7

All the approved planting shall be planted in the first planting season following the first occupation of the dwelling house hereby permitted and for the purposes of this condition the planting season is from 1 October to 31 March . Any tree or shrub which forms part of the approved landscaping scheme 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:  In the interests of visual amenity and biodiversity to accord with Policies CS12 and CS29 of Dacorum Core Strategy.

 

 

8

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 falling within the following classes of the Order shall be carried out without the prior written approval of the local planning authority within the residential curtilage of the dwellinghouse hereby permitted:

 

Schedule 2 Part 1 Classes A, B, C, D and E

 

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 amenity of nos. 330 High Street and 326 High Street, Street, character and appearance of the Conservation Area and to ensure the provision of adequate off street parking in accordance with Policies CS5, CS8 and CS12 of Dacorum Core Strategy. 

 

9

The refuse storage area shall be provided at all times in the position shown by the Drawing No. 282 Rev B.

 

Reason: To ensure that the dwelling house is served at all times by a refuse storage and in the interests of the character and appearance of the Conservation Area to accord with the requirements of Policies CS10, CS12 and CS27 of the Dacorum Core Strategy and the saved Policy 120 of the Dacorum Borough Local Plan.

 

10

The bird and bat boxes shown by Drawing No. 282 Revision B shall be retained at all times.

 

Reason: In the interests of biodiversity to accord with Policy C 26 of the Dacorum Core Strategy. 

 

11

There shall be no additional exterior lighting installed at the site to serve the dwelling house hereby permitted.

 

Reason: To ensure that the development is compatible with the Conservation Area  and to safeguard the residential amenity of the adjoining dwellings to accord with the requirements of Policies CS12, CS25 , CS26  CS27 , CS29 and CS32 of the Dacorum Core Strategy and the saved Policies 113 ,120  and Appendix 8 of the Dacorum Borough Local Plan.

 

 

12

The development hereby permitted shall be carried out in accordance with the following plans subject to the requirements of the other conditions of this planning permission:

 

110 Rev A

 

280 A

 

281 Rev A attached to the Agent's e mail dated 16 September 2016

282 Rev B  attached to the Agent's e mail dated 16 September 2016

 

Site Plan Model Comparison  

 

Reason:  To safeguard and maintain the strategic policies of the local planning authority and for the avoidance of doubt.

 

ARTICLE 35 STATEMENT

 

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant at the pre-application stage and during the determination process which lead to improvements to the scheme. 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.  

 

Informative

 

It is recommended that there are improvements to the visibility for the existing access serving the existing parking area serving no. 328 High Street by altering the boundary fence as previously approved.

 

Supporting documents: