Agenda item

4/01919/16/FUL THE RETREAT, NEWGROUND ROAD, ALDBURY, TRING, HP23 5SF

Minutes:

Councillor D Collins declared a personal interest as he was a member of the Chiltern Conservation Board. He reserved his right to speak and vote.

T Rennie introduced the report and said it had been referred to committee due to the contrary views of Aldbury Parish Council.

Councillor Imarni arrived at 8.08pm and took no part in the voting of this item.

Nick Shute spoke in support of the application.

Tim Alps spoke in objection to the application.

Parish Councillor Rob McCarthy spoke in objection to the application.

In his role as ward councillor, Councillor Mills spoke in objection to this application.

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

Vote

For: 7               Against: 0                    Abstained: 6

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

No development shall take place until 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. Development shall be carried out in accordance with the approved details.

 

Reason: To safeguard the character and appearance of area and the setting of the undesignated heritage assets and the Chilterns Area of Outstanding Natural Beauty in accordance with adopted Core Strategy Policies CS7. CS24 and CS27.

 

 

3

No works shall be carried out on the site until details of the windows have been submitted to and approved in writing by the Local Planning Authority, and the work shall then be carried out in accordance with the details so approved.

 

Reason: To safeguard the character and appearance of the area and the setting of the undesignated heritage assets and to accord with adopted Core Strategy Policy CS27.

 

 

4

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

 

·        hard surfacing materials;

·        means of enclosure;

·        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;

·        trees to be retained and measures for their protection in accordance with BS5837:2012 during construction works;

·        proposed finished levels or contours;

·        car parking layouts and other vehicle and pedestrian access and circulation areas;

·        minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc);

 

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 adopted Core Strategy Policies CS12 and CS24.

 

5

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 1 year 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 adopted Core Strategy Policy CS12.

 

6

Prior to the commencement of the development hereby permitted a Phase I Report to assess the actual or potential contamination at the site shall be submitted to and approved in writing by the local planning authority. If actual or potential contamination and/or ground gas risks are identified further investigation shall be carried out and a Phase II report shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development. If the Phase II report establishes that remediation or protection measures are necessary a Remediation Statement shall be submitted to and approved in writing by the Local Planning Authority.

 

For the purposes of this condition:

 

A Phase I Report consists of a desk study, site walkover, conceptual model and a preliminary risk assessment. The desk study comprises a search of available information and historical maps which can be used to identify the likelihood of contamination. A simple walkover survey of the site is conducted to identify pollution linkages not obvious from desk studies. Using the information gathered, a 'conceptual model' of the site is constructed and a preliminary risk assessment is carried out.

 

A Phase II Report consists of an intrusive site investigation and risk assessment. The report should make recommendations for further investigation and assessment where required.

           

A Remediation Statement details actions to be carried out and timescales so that contamination no longer presents a risk to site users, property, the environment or ecological systems.

 

Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development.  

 

 

7

All remediation or protection measures identified in the Remediation Statement referred to in Condition 6 shall be fully implemented within the timescales and by the deadlines as set out in the Remediation Statement and a Site Completion Report shall be submitted to and approved in writing by the local planning authority prior to the first occupation of any part of the development hereby permitted.

 

For the purposes of this condition a Site Completion Report shall record all the investigation and remedial or protection actions carried out. It shall detail all conclusions and actions taken at each stage of the works including validation work. It shall contain quality assurance and validation results providing evidence that the site has been remediated to a standard suitable for the approved use.

 

Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development.   

 

Informative:

Paragraph 121 of the NPPF states that all site investigation information must be prepared by a competent person. This is defined in the framework as 'A person with a recognised relevant qualification, sufficient experience in dealing with the type(s) of pollution or land instability, and membership of a relevant professional organisation.'

 

Contaminated Land Planning Guidance can be obtained from Regulatory Services or via the Council's website www.dacorum.gov.uk 

 

 

8

The windows at first floor level in the east and west elevations of the dwelling hereby permitted shall be permanently fitted with obscured glass unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interests of the residential amenities of the occupants of the adjacent dwellings and to accord with adopted Core Strategy Policy CS12.

 

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 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, D, E.

 

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.

 

10

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 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 ensure that reasonable facilities are made available to record archaeological evidence and to accord with adopted Core Strategy Policy CS27.

 

11

1.    Any demolition/development shall take place in accordance with the Written Scheme of Investigation approved under Condition 10.

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 10 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

 

Reason: For the avoidance of doubt

 

12

Notwithstanding any details submitted as part of the planning application, prior to the commencement of the development hereby permitted, plans and details showing how the development will provide for renewable energy and conservation measures, and sustainable drainage and water conservation shall be submitted to and approved in writing by the local planning authority.  The approved measures shall be provided before any part of the development is first brought into use and they shall thereafter be permanently retained.

 

Reason: To ensure the sustainable development of the site in accordance with the aims of adopted Core Strategy Policy CS27.

 

13

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

 

Site Location Plan;

2817-02A;

2817- 03D.

 

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

 

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.  

 

HIGHWAYS INFORMATIVES:

 

1.    All materials and equipment to be used during the construction shall be stored within the curtilage of the site.

Reason: In the interest of highway safety and free and safe flow of traffic. 1

2.    Obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence. Further information is available via the website: http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

3.    Road Deposits: It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the 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. Further information is available via the website http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047

 

BAT INFORMATIVES:

 

Given the limited possibility of the space behind the barge boards being used, you are advised that as a precautionary measure, the barge boards are removed during the winter months to avoid the chance of bats being affected by any proposals. This is solely a precaution to avoid the low risk of bats using this space during the active season and being disturbed if demolition takes place during the summer.

 

Bats and their roosts remain protected at all times under National and European law. If bats or evidence for them is discovered during the course of works, work must stop immediately and advice sought on how to proceed lawfully from Natural England (Tel: 0300 060 3900) or a licensed bat consultant.

 

 

Supporting documents: