Agenda item

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. Specific details of the following shall be submitted and  development shall be carried out in accordance with the approved details:

·          sample panels of brickwork;

·        Sample of roof materials;

·        Detailed scaled drawing of joinery;

·        Details of windows heads and cills;

·        rainwater goods;

·        Details of rooflights

Reason: In the interests of the visual amenities of the area, enhance the relationship to neighbouring properties and to enhance the ecological potential of the site in accordance with policy CS12 of the adopted Core Strategy and 99 of the local plan.

3

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 and boundary treatments;

·        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;

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

·        External lighting.

·        means of managing/maintaining landscaped areas.

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 of the adopted Core Strategy.

4

Prior to the commencement of any works a Construction Management Plan shall be submitted and approved in writing by the Local Planning Authority.

The plan shall include details of:

·        onsite parking for construction workers for the duration of the construction period;

·        wheel cleaning facilities associated with the proposal;

·        A scheme for construction methodology including the predicted vehicle movements to and from the site, and how the movement of construction vehicles will be managed to minimise the risk to pedestrians and vehicles within the local highway network.

The scheme shall be implemented in accordance with the agreed Construction Management Plan. 

Reason: In the interests of maintaining highway efficiency and safety and pedestrian safety in accordance with policy CS8 of the adopted Core Strategy and 'saved' policy 61 of the Local Plan.

5

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

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, avoiding harm to neighbouring properties by loss of privacy and visual impact and, avoiding increased size in dwellings requiring further parking provision in accordance with policies CS8 and CS12 of the adopted Core Strategy.

6

The windows at first floor level in the flank elevations of plots H.3, H.15 and H.16 hereby permitted shall be non opening below a height of 1.7m from finished floor level and shall be permanently fitted with obscured glass.

Reason: In the interests of the amenity of adjoining residents in accordance with policy CS12 of the adopted Core Strategy.

7

Notwithstanding the information submitted detailed full layout and elevation plans of the proposed ramps, refuse area and covered cycle storage area and any other structures shall be submitted to and approved in writing by the Local Planning Authority prior to construction of these outbuildings.

Reason: To ensure a satisfactory appearance to the development, and to preserve residential amenity; in accordance with policy CS12 of the Core Strategy (2013) and saved appendix 3 of the Local Plan (1991).

8

Prior to the first occupation of the development hereby permitted (or Prior to the commencement of the use hereby permitted) visibility splays measuring 43 x 2.4 metres shall be provided to each side of both the accesses off Aylesbury Road and Longfield Road and such splays shall thereafter be maintained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

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

9

The development hereby permitted shall be carried out in accordance with the recommendations set out in the submitted PHASE 1 Habitat Survey, Initial Bat Inspection and Dusk Emergence Survey report. Details of location and type of bird and bat boxes shall be submitted and approved by the LPA together with details of their installation, demolition and migration prior to the first demolition of any buildings on the site.

Reason: In the interests of biodiversity and in accordance with policy CS29 of the adopted Core Strategy.

10

Prior to occupation, a lighting design strategy for biodiversity as recommended in the submitted PHASE 1 STUDY, shall be submitted to and approved in writing by the local planning authority. The strategy shall:

a) identify those areas/features on site that are particularly sensitive for identified bat populations and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy.

Reason: To protect bat movement corridors and compensatory roosting features as identified in the submitted ecological report in accordance with policy CS29 of the adopted Core Strategy.

11

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: In order to ensure investigation and preservation of archaeological findings in accordance with policy CS27 of the adopted Core Strategy

12

i) Any demolition/development shall take place in accordance with the Written Scheme of Investigation approved under condition 11.

ii) 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 (11) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

Reason: In order to ensure investigation and preservation of archaeological findings in accordance with policy CS27 of the adopted Core Strategy

13

The development permitted by this planning permission shall be carried out in accordance with the submitted Flood Risk Assessment (JNP reference M41452-FRA001 Dated Dec 2015) and the mitigation measures outlined within.

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 ensure the structural integrity of existing flood defences and reduce the risk of flooding to the proposed development and future occupants in line with policy CS31, the National Planning Policy Framework and Planning Practice Guidance.

14

Notwithstanding the details provided, a full scheme showing how the development will make adequate provision for access routes and Turning facilities for Hertfordshire Fire and Rescue vehicles and/or Fire Hydrants on site in order to ensure that the site complies with British Standards without compromising the approved layout of the scheme.  The approved layout shall be implemented before the first occupation of the development hereby permitted and provision retained thereafter.

Reason: In order to ensure that the development comprises with British Standards BS9999:2008 at the Interim without having impacts on the planned layout of the development affecting the retained trees , landscaping and parking layout in accordance with policies CS8 and CS12 of the adopted Core Strategy and policy 99 of the local plan.

15

No development shall take place until details of measures to recycle and reduce demolition and construction waste which may otherwise go to landfill, together with a site waste management plan (SWMP), shall have been submitted to and approved in writing by the local planning authority. The measures shall be implemented in accordance with the approved details.

Reason: To accord with the waste planning policies of the area, Policy CS29 of the Dacorum Core Strategy (September 2013) and saved Policy 129 of the Dacorum Borough Local Plan 1991-2011.

16

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 (17d) 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,

·        archaeological 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.

17

(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 (16) above, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Condition (16), 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 (17).

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.

INFORMATIVE:

The applicant is advised that a guidance document relating to land contamination is available in the Council's website:

http://www.dacorum.gov.uk/default.aspx?page=2247

18

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

TH/NSA/15 PLoc.1

TH/NSA/15 PL01A

TH/NSA/15 PL02B

TH/NSA/15 PL03B

TH/NSA/15 PL04B

TH/NSA/15 PL05B

TH/NSA/15 PL07B

TH/NSA/15 PL08A

TH/NSA/15 PL09A

TH/NSA/15 PL10A

TH/NSA/15 PL11A

TH/NSA/15 PL12A

TH/NSA/15 PL13B

TH/NSA/15 PL15A

TH/NSA/15 PL16A

TH/NSA/15 PL17A

TH/NSA/15 PL18A

TH/NSA/15 PL19A

TH/NSA/15 PL20A

TH/NSA/15 PL21A

TH/NSA/15 PL22A

TH/NSA/15 PL23A

TH/NSA/15 PL24A

TH/NSA/15 PL25B

TH/NSA/15 PL26A

TH/NSA/15 PL27A

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

NOTES AND INFORMATIVES

A) HIGHWAYS

AN1) Where works are required within the public highway to facilitate an improved or amended vehicle access, the Highway Authority require the construction of such works to be undertaken to their satisfaction and specification, and by a contractor who is authorised to work in the public highway. Before any works commence the applicant will need to apply to Hertfordshire County Council Highways team to obtain their permission and requirements. Their address is County Hall, Pegs Lane, Hertford, and Herts, SG13 8DN. Their telephone number is 0300 1234047.

AN2) Storage of materials: The applicant is advised that the storage of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority before construction works commence. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

AN3) 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.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

B) ECOLOGY

It is therefore important to check for active nests before any repairs to roofs and soffits are carried out during the breeding season.

If demolition is to be undertaken within the breeding season, Starlings are protected under the Wildlife and Countryside Act 1981, which makes it illegal to intentionally kill, injure or take a starling, or to take, damage or destroy an active nest or its contents. Preventing the birds from gaining access to their nests may also be viewed as illegal by the courts. (Ref: RSPB).

C) ENVIRONMENTAL HEALTH

Noise on Construction/Demolition Sites - 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. And the best practicable means of minimising noise will be used. Guidance is given in British Standard BS 5228: Parts 1, 2 and Part 4 (as amended) entitled 'Noise control on construction and open sites'.

Construction of hours of working – plant & machinery - In accordance with the councils adopted criteria, all noisy works associated with site demolition, site preparation and construction works shall be limited to the following hours: 0800hrs to 1800hrs on Monday to Friday 0800hrs to 1230hrs Saturday, no works are permitted at any time on Sundays or bank holidays.

Dust - 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.

Asbestos - 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.

Bonfires - Waste materials generated as a result of the proposed demolition and/or construction operations shall 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