Agenda item

M Heron introduced the item and said it had been referred to committee as Dacorum Borough Council has an interest in the land at the application site. M Heron advised the committee that the applicant had submitted amended plans so therefore it is not recommended that condition 3 and 7 are imposed. Information submitted in terms of materials (identified e-mail dated 2^nd February 2017) and contamination (identified in Site Investigation Report) will be incorporated into condition 2.

Mark Longworth spoke in support of the application.

Judith Emerson spoke in objection to the application.

Members queried the contaminated land and officers said that a community engagement plan could be conditioned.

It was proposed by Councillor Matthews and seconded by Councillor C Wyatt-Lowe to grant the application in line with the officer’s recommendation.

Vote

For: 11             Against: 0                    Abstained: 1

Resolved:

That the application be DELEGATED to the Group Manger, Development Management and Planning with a view to approval subject to the completion of a legal agreement requiring the provision of affordable housing and 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 not be carried out other than in accordance with the following approved plans/documents: ADC1551/001 Rev. A & 16 WDG SP3 Rev. G & 16 WDG SP01 & 16 WDG SP4 Rev. G & 16 WDG CE01 & 16 WDG SL01 & 16 WDG P2 Rev. E & materials details within document entitled ‘Architect’s Design and Access Statement’ & Section 14 'Contamination Recommendations' within submitted document entitled 'Report on a Site Investigation at Garages and Parking Area Gaddesden Row' dated 28th October 2016 & confirmation of materials within e-mail received and dated 02nd February 2017.     

Reason:For the avoidance of doubt, in the interests of proper planning, in the interests of the character of the area and 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 Policies CS11, CS12 and CS32 of the adopted Core Strategy 2013.

3.    All planting, seeding or turfing and soil preparation shall be carried out in the first planting and seeding seasons following first occupation of the building; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation. All landscape works shall be carried out in accordance with the guidance contained in British Standards.

Reason: To ensure proper implementation of the agreed landscape details in the interest of the amenity value of the development in accordance with Policies 99 and 100 of the Dacorum Local Plan 2004.

4.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order amending or re-enacting that Order with or without modification) no development within Schedule 2, Part 1, Class A shall take place.

Reason: To enable the local planning authority to retain control over the development in the interests of the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Core Strategy 2013.

5.    Details of any external lighting proposed in connection with the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of approved units. The development shall not be carried out other than in accordance with approved details in this regard.

Reason: In the interests of the living conditions of the occupants of surrounding units and the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Core Strategy 2013.

6.    Before the access is first brought into use 0.65 metre x 0.65 metre pedestrian visibility splays shall be provided and permanently maintained each side of the access. Splays shall be measured from the point where the edges of the access way cross the highway boundary, 0.65 metres into the site and 0.65 metres along the highway boundary. Therefore forming a triangular visibility splay. Within which, there shall be no obstruction to visibility between 600 mm and 2.0 metres above the carriageway/footway level.

Reason: To provide adequate visibility for drivers entering and leaving the site in the interests of highway safety in accordance with Policies CS8 and CS9 of the Dacorum Core Strategy 2013 and Policy 51 of the Dacorum Local Plan 2004.

7.    Prior to first occupation of the development hereby granted all on site vehicular areas shall be accessible and surfaced (and marked) 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 Policies CS8 and CS9 of the Dacorum Core Strategy 2013 and Policy 51 of the Dacorum Local Plan 2004

8.    The access shall be constructed in a hard surfacing material for the first 5 metres from the edge of the footway/carriageway.

Reason: To prevent loose material from passing onto the public highway, in the interests of highway safety in accordance with Policies CS8 and CS9 of the Dacorum Core Strategy 2013 and Policy 51 of the Dacorum Local Plan 2004.

9.    Prior to any remediation of contamination at the site, as identified within 'Contamination Recommendations' within submitted document entitled 'Report on a Site Investigation at Garages and Parking Area Gaddesden Row' dated 28th October 2016 - referred to in condition 2, a Community Engagement Plan shall be submitted to and approved in writing by the Local Planning Authority. Subsequently, remediation shall be carried out in accordance with approved details in this regard.

Reason: In the interest of human health, in accordance with policy CS32 of the adopted Core Strategy 2013.

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. 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) Order 2015

Informatives:

1. Works to be undertaken on the adjoining highway shall be constructed to the satisfaction of the Highway Authority and in accordance with Hertfordshire County Council publication Roads in Hertfordshire Highway Design Guide. Before proceeding with the proposed development, the applicant shall contact hertsdirect@hertscc.gov.uk or for information use our website www.hertsdirect.org. or call on 0300 1234 047 to obtain the requirements for a section 278 agreement for the associated road works as part of the development. This should be carried out prior to any development work is carried out. Reason: To ensure that work undertaken on the highway is constructed to the current Highway Authority's specification, to an appropriate standard and by a contractor who is authorised to work in the Public Highway.