Agenda item

4/02528/16/FUL - CONSTRUCTION OF FOUR DETACHED DWELLINGS WITH NEW ACCESS FROM BULBOURNE ROAD - GAMNEL FARM, BULBOURNE ROAD, TRING, HP23 5HF

Meeting of Development Management, Thursday, 23rd February, 2017 7.00 pm (Item 162.)

Minutes:

N Gibbs introduced the item and said members had deferred the item at the last meeting for further information and discussion about the access road. It has since been clarified that the site access road exits onto a 40mph not 60 mph road.

Councillor C Wyatt-Lowe said she would not have pushed for refusal at the last meeting if she had known it was a 40mph road. She said she rescinded her decision based on false information.

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

Vote

For: 10 Against: 0 Abstained: 2

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.

No development shall take place until samples of the materials proposed to be used on the external walls/roofs of the development shall have been submitted to and approved in writing by the local planning authority. The approved materials shall be used in the implementation of the development. Please do not send materials to the council offices. Materials should be kept on site and arrangements made with the planning officer for inspection.

Reason: To safeguard the character and appearance of the Green Bell and the setting of Chilterns Area of Outstanding Natural Beauty in accordance with Policies CS5, CS12 and CS24 of Dacorum Core Strategy and saved Policy 97 of Dacorum Borough Local Plan.

No development shall take place until details of the materials proposed to be used on the surfaces of the roadway, turning and parking areas have been submitted to and approved in writing by the local planning authority. The approved materials shall be used in the implementation of the development. Please do not send materials to the council offices. Materials should be kept on site and arrangements made with the planning officer for inspection.

Reason: To safeguard the character and appearance of the Green Belt and the setting of Chilterns Area of Outstanding Natural Beauty in accordance with Policies CS5, CS12 and CS24 of Dacorum Core Strategy and saved Policy 97 of Dacorum Borough Local Plan.

No development shall take place until details of the proposed slab, finished floor and ridge levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land shall have been submitted to and approved in writing by the local planning authority. The buildings shall be constructed in accordance with the approved levels.

Details of the type of planting in the areas shown by the approved drawings shall be submitted to the local planning authority within 6 months of the date of this decision.

The scheme for planting shall also include the area between Houses 1 and the Bulbourne Road frontage and its future management. The approved planting shall be carried out fully in accordance with the approved details in the planting season following the first occupation of any of the dwellinghouses hereby permitted. If within a period of five years from the date of the planting of any tree that tree, or any tree planted, shrub or section of hedge or replacement for it, is removed, uprooted or destroyed or dies (or becomes, in the opinion of the local planning authority, seriously damaged or defective), another tree, shrub or section of hedge of the same species and size as that originally planted shall be planted at the same place in the next planting season, unless the local planning authority gives its written consent to any variation. For the purposes of this condition the planting season is between 1 October and 31 March.

Reason: To safeguard the character and appearance of the Green Belt and the setting of the Chilterns Area of Outstanding Natural Beauty in accordance with Policies CS5, CS12, CS24 of Dacorum Core Strategy and saved Policy 97 of Dacorum Borough Local Plan.

Details of all internal boundary fencing, including any acoustic fencing between the garden of House 2 with Bulbourne Road shall be submitted to the local planning authority in writing within 6 months of the date of this decision. The approved boundary fencing shall be installed fully in accordance with the approved details before the first occupation of any of the dwellnghouses hereby permitted and shall be thereafter retained at all times.

Reason: To safeguard the character and appearance of the Green Bell and the setting of Chilterns Area of Outstanding Natural Beauty and the interests of residential amenity in accordance with Policies CS5, CS12, CS24 and CS32 of Dacorum Core Strategy and saved Policy 97 of Dacorum Borough Local Plan.

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 requirements 1.0 amd 2.0 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 2.0 has been complied with in relation to that contamination.

procedures for the Management of Land Contamination, CLR 11’.

1.0 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.

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

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 11 of the adopted Dacorum Borough Local Plan 1991 - 2011.

All remediation or protection measures identified in the Remediation Statement referred to in Condition 7 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 to accord with Policy 32 of the Dacorum Core Strategy.

Prior to the commencement of the development hereby permitted details of a surface and foul water drainage system shall be submitted to and approved in writing by the local planning authority. The surface water drainage system shall be a sustainable drainage system and shall provide for the appropriate interception of surface water runoff so that it does not discharge into the highway or foul water system. The development shall be carried out and thereafter retained fully in accordance with the approved details.

Reason: To ensure that the site is subject to an acceptable drainage system serving the development in accordance with the aims of Policies CS12 and CS31 of the Dacorum Core Strategy and to protect groundwater to accord with the requirements of Policies CS31 and CS32 of the Dacorum Core Strategy.

The development hereby permitted shall not be occupied until the arrangements for vehicle parking, circulation and turning shown on Drawing No.C204 Rev C shall have been provided, and they shall not be used thereafter otherwise than for the purposes approved. The roadway shall constructed with a 13.5m tonne loading.

Reason: To ensure the provision of an acceptable means of access to the site for all vehicles including emergency and refuse vehicles and so as not to compromise highway safety in accordance with Dacorum Core Strategy Policies CS8 & CS12 and saved Dacorum Borough Local Plan Policies 54 and 55.

Visibility splays of not less than 2.4 m x 78m shall be provided before any part of the development hereby permitted is first brought into use, and they shall thereafter be maintained, in both directions from the crossover, within which there shall be no obstruction to visibility between a height of 0.6 m and 2.0 m above the carriageway.

Reason: In the interests of highway safety in accordance with Dacorum Core Strategy Policies CS8 & CS12 and saved Dacorum Borough Local Plan Policy 54..

Pedestrian visibility splays of 2 m x 2 m shall be provided before any part of the development is first brought into use, and they shall thereafter be maintained, on both sides of the entrance to the site, within which there shall be no obstruction to visibility between 600 mm and 2 m above the carriageway.

Reason: In the interests of highway safety in accordance with Dacorum Core Strategy Policies CS8 & CS12 and saved Dacorum Borough Local Plan Policy 54..

Within one month of the first use of the access hereby permitted being first brought into use the existing accesses shall be stopped up and closed by removing the vehicle crossover, raising the kerb and reinstating the footway surface.

Reason: In the interests of highway safety in accordance with Dacorum Core Strategy Policies CBS 8 & CS12 and saved Dacorum Borough Local Plan Policies 54 and 55

Detailed proposals for the fire hydrant(s) serving the development shall be submitted in writing to the local planning authority within 6 months of the date of this decision and the approved fire hydrant(s) shall be provided prior to occupation of any dwelling house forming part of the development hereby permitted and thereafter shall be retained at all times.

Reason: To enable appropriate development to occur, ensure a safe, sustainable form of development which provides for its own infrastructure for fire emergencies in accordance with Dacorum Core Strategy Policies CS12 and CS29 and Saved Policy 54 of Dacorum Borough Local Plan.

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 within the residential curtilages of the dwellinghouses hereby permitted:

Schedule 2 Part 1 Classes A, B, C, D and E

Part 2 Class B

Reason To enable the local planning authority to retain control over the development in the interests of safeguarding the character and appearance of the Green Belt and the setting of the Chilterns Area of Outstanding Natural Beauty in accordance with Policies CS5, CS8 and CS12 of Dacorum Core Strategy.

No 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 to accord with Policy CS27 of the Dacorum Core Strategy.

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 15 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 Dacorum Core Strategy.

The development shall be constructed and maintained fully in accordance with the submitted approach to submitted Sustainable Design and Construction Statement shall be submitted to the local planning authority.

Reason: To ensure the sustainable development of the site in accordance with Policy CS29 of the Dacorum Core Strategy.

Details of all exterior lighting to be installed at the application site shall be submitted to and approved in writing by the local planning authority. The exterior lighting shall be installed and thereafter retained fully in accordance with the approved details.

Reason: To safeguard the character and appearance of the Green Belt and the setting of Chilterns Area of Outstanding Natural Beauty, the residential amenity of the locality, highway safety, biodiversity, access for persons with disabilities and crime prevention/security in accordance with Policies CS5, CS12 , CS24 , CS25 and CS32 of Dacorum Core Strategy and Polices 97 and 113 and Appendix 8 of the saved Dacorum Borough Local Plan.

The domestic gardens for the dwellings hereby permitted only extend to the rear garden boundary line of Houses 1, 3 and 4 as identified on Drawing No.C204 Rev C.

Subject to the requirements of other conditions of this planning permission the development hereby permitted shall be carried out in accordance with the following plans:

L001 site location plan

C01 A

C204 Rev C

B001

C200 Rev A

C201 Rev A

C202 Rev B

C203 Rev B

C205

Reason: To safeguard and maintain the strategic policies of the local planning authority and for the avoidance of doubt.

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 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.

NOTE 1:

This decision to grant planning permission has been taken for the following reason, having regard to the relevant policies of the development plan , national planning policy/guidance, to all other material planning considerations, including relevant supplementary planning guidance, the imposition of conditions and the advice of expert technical consultees.

The site is located in the Green Belt and adjoins the Chilterns Area of Outstanding Beauty served by a long established vehicular access. There is an extant planning permission for residential development at the site served by an approved access. The proposal represents an acceptable alternative to the extant permission in terms of the Green Belt implications and highway safety implications. There are no detailed objections to the development subject to the imposition of conditions..

Informatives

Land Stability

The government advice is that where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner.

Highways Safety

In the interests of highway safety during construction wheel cleaning facilities for construction vehicles should be made available at all times.

Supporting documents: