Minutes:
J Seed introduced the report and said it had been brought to committee to the contrary views of Berkhamsted Town Council. There is a slight mistake in condition 7. The year should say 2015 not 1995.
Edward Hunt spoke in support of the application.
It was proposed by Councillor Birnie and seconded by Councillor Clark to grant the application in line with the officer’s recommendation.
Vote
For: 10 Against: 1 Abstained: 1
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:
2181-BP10 site 2181-P12 site layout / section 2181-P1 floor plans / bike store details 2181-P2 elevations / stree view 2128/S1 existing plan
Reason: For the avoidance of doubt and in the interests of proper planning. |
3 |
No development shall take place (excluding demolitiom) 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 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); · proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports 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 Policy CS12 of the Core Strategy. |
4 |
The proposed car parking spaces shall have measurements of 2.4m x 4.8m minimum and be located on land within the ownership of the applicant. Such spaces shall be maintained as a permanent ancillary to the development and shall be paved and used for no other purpose. Reason: The above condition is required to ensure the adequate provision of off-street parking at all times in order to minimise the impact on the safe and efficient operation of the adjoining highway in accordance with Policy CS12 of the Core Strategy, Saved Policy 51 and Saved Appendix 5 of the Dacorum Borough Local Plan.
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5 |
Before the premises are occupied all on site vehicular areas shall be surfaced in a manner to the Local Planning Authority's approval so as to ensure satisfactory parking of vehicles outside highway limits. Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway. Reason: In order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises in accordance with Policy CS12 of the Core Strategy and Saved Policy 51 of the Dacorum Borough Local Plan.
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6 |
The windows at first and second floor levels in the north-west and south-east elevations of the dwellings hereby permitted shall be non opening below 1.7 metres and shall be permanently fitted with obscured glass for the lifetime of the development.
Reason: In the interests of the amenity of adjoining residents in accordance with Policy CS12 of the Core Strategy. |
7 |
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
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 property and to ensure adequate provision of garden and separation from the railway and to accord with Core Strategy policy CS12. |
8 |
Prior to first occupation of the development hereby permitted the noise mitigation measures in relation to construction of the dwellings and the acoustic fencing laid down in the Consultants report produced by Philips Acoustics Ltd (October 2016) shall be constructed/provided. The approved measures will be retained, maintained and provided for the lifetime of the development.
Reason: To ensure that a satisfactory level of occupier amenity is achieved in accordance with Policy CS32 of the Core Strategy.
INFORMATIVES Highways 1. Road deposits. Best practical means shall be taken at all times to ensure that all vehicles leaving the development 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. Reason. To minimise the impact of construction vehicles and to improve the amenity of the local area. 2. Storage of Materials. All materials and equipment to be used during the construction shall be stored within the curtilage of the site unless otherwise agreed in writing by the Highways Authority prior to commencement of the development. Reason: In the interest of highway safety and free and safe flow of traffic.
Thames Water
Waste Comments Thames Water would advise that with regard to sewerage infrastructure capacity, we would not have any objection to the above planning application.
Legal changes under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 mean that the sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you email us a scaled ground floor plan of your property showing the proposed work and the complete sewer layout to developer.services@thameswater.co.uk to determine if a building over / near to agreement is required.
Surface Water Drainage With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0800 009 3921. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.
Water Comments With regard to water supply, this comes within the area covered by the Affinity Water Company. For your information the address to write to is - Affinity Water Company The Hub, Tamblin Way, Hatfield, Herts, AL10 9EZ - Tel - 0845 782 3333.
Network Rail
Should the applicant place any acoustic close boarded fencing adjacent to the operational railway then the fencing and its foundations must be constructed and maintained wholly within their land ownership footprint. Any acoustic fencing over 1.8m high will be subject to agreement with Network Rail and the applicant will need to provide details of foundation details and wind loading calculations. Please contact TownPlanningLNW@networkrail.co.uk for further information.
ARTICLE 35 STATEMENT
Planning permission has been granted for this proposal. The Council acted pro-actively through early engagement with the applicant at the pre-application stage 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. |
Supporting documents: