Agenda item

4/01679/16/FUL PAMPARD HOUSE, BRADDEN LANE, GADDESDEN ROW, HEMEL HEMPSTEAD, HP2 6JB

Minutes:

Councillor D Collins declared a personal interest as he was a member of the Chiltern Conservation Board. He was not on the planning committee and hadn’t been involved in the matter to date so he reserved his right to speak and vote.

A Harman introduced the report and said it had been referred to committee due to the contrary views of Great Gaddesden Parish Council.

George Gunton and Tony Martin spoke in support of the application.

Gillian Lambirth spoke in objection to the application.

Parish Councillor Paul Harris spoke in objection to the application.

It was suggested by members to include a Construction Management Plan in the conditions.

It was proposed by Councillor Birnie and seconded by Councillor Maddern to grant the application in line with the officer’s recommendation with the additional conditional.

Vote

For: 14             Against: 0                    Abstained: 0

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 be carried out in accordance with the following approved plans/documents:

 

Design and Access Statement

2121(10)500E,

 2121(10)501E,

2121(11)500F,

2121(20)500A,

2121(20)501A,

2121(21)500D,

2121(21)501C,

2121(20)700B,

2121(21)700C,

 2121(31)500C,

2121(31)501D,

 2121(31)700C,

2121(41)500A,

Existing Landscaping Plan, Proposed Landscaping Plan RevC, Landscape Conservation Statement Rev.B

CS29 Checklist RevA

 

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

 

3

The development hereby permitted shall be constructed in accordance with the materials specified on the approved drawings.

 

 

Reason:  To ensure a satisfactory appearance to the development in accordacne with Adopted Core Strategy CS12

 

 

4

All structures (including those structures not substantially completed), other than those shown for retention on the approved plans or permitted by this permission, shall be demolished and the materials arising from demolition removed from the site prior to the implementation of the development hereby permitted.

 

Reason:  In the interests of maintaining the open character of the Rural Area in accordance with Asopted Core Strategy CS7

 

5

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 in accordance with Policy CS32 of the Core Strategy

 

 

6

All remediation or protection measures identified in the Remediation Statement referred to in Condition (5) 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  in accordance with Policy CS32 of the Core Strategy

 

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 

 

 

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8

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995  (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, F, G and H

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 in accordance with Adopted Core Strategy Policy CS7 and Saved Local Plan Polcy 97

 

 

Prior to commencement of the development a construction management plan should be submitted to and approved in writing by the Local Planning Authority.

Details shall include construction vehicles parked within the site and storage of materials.

Works shall commence in accordance to the submitted construction management plan.

 

Reason:

To preserve residential amenity in accordance with Adopted Core Strategy CS12

 

 

Informatives

 

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 development 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.

 

1. 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.

2. 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

 

 

Article 35 Statement


Planning permission
has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led 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.  

 

Supporting documents: