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

The construction of the dwellings hereby approved shall not take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.  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 ensure a satisfactory appearance to the development and to safeguard the character and appearance of the setting of the adjacent listed bridge and lock in accordance with adopted Core Strategy Policies CS12 and CS27.

3

The construction of the dwellings shall not 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;

·        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);

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 adopted Core Strategy Policy CS12 and saved Local Plan Policy 106.

4

Visibility splays of not less than 2.4m x 38m shall be provided, and thereafter maintained, in both directions from the access onto Tring Road, as shown in principle in Document 453416-PEP-00-XX-DR-D-1300 P02Proposed Access Arrangement.

Reason: In the interest of highway safety.

5

The development shall not be occupied until the access, car parking and turning areas have been constructed and surfaced. The car parking and turning areas so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose at any time.

Reason: To ensure that adequate parking is provided at all times so that the development does not prejudice the free flow of traffic or the conditions of general safety along the adjacent highway, or the amenities and convenience of existing local residents and businesses.

6

Prior to the commencement of any works a Construction Traffic Management Plan shall be submitted to and approved in writing with the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan.

The Construction Traffic Management Plan shall include details of:

a) Construction vehicle numbers, type, routing;

b) Traffic management requirements;

c) Construction and storage compounds (including areas designated for car parking);

d) Siting and details of wheel washing facilities;

e) Cleaning of site entrances, site tracks and the adjacent public highway;

f) Provision of sufficient on-site parking prior to commencement of construction activities;

g) Post construction restoration/reinstatement of the working areas and temporary access to the public highway.

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way.

7

The proposed car parking spaces shall have measurements of 2.4m x 4.8m min. 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.

8

The proposed car parking spaces must have sufficient manoeuvring space to ensure all vehicles, including service and emergency vehicles, can enter and exit the site in a forward gear, as demonstrated in principle in diagram 453416-PEP-00-XX-DR-C-1700.

Reason: The above condition is required to demonstrate that an acceptable standard can be achieved.

9

All areas for storage and delivery of materials associated with the construction of this development shall be provided within the site on land, which is not public highway, and the use of such areas must not interfere with the use of the public highway.

Reason: In the interest of highway safety and free and safe flow of traffic

10

The business floorspace of Live/Work Unit 7 identified as “Work Unit” on drawing 2060/05A shall not be used for any purpose other than for purposes within Class B1(a) in the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

Reason: To enable the local planning authority to retain control over the development in the interests of supporting the rural economy in accordance with Core Strategy policy CS7.

11

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

Part 2 Classes A

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.

12

Notwithstanding the plans submitted prior to the commencement of development, details of the proposed protective fencing to be erected to safeguard the waterway infrastructure during construction of the development shall be submitted to and agreed in writing by the Local Planning Authority and thereafter implemented in accordance with the agreed details unless otherwise agreed in writing.

Reason: To comply with policy CS32 of the Dacorum adopted Core Strategy and paragraph 109 of the National Planning Policy Framework as the ecological environment in this location is sensitive and should be protected from disturbance, dust, run off, waste etc. entering the canal.

13

Notwithstanding the plans submitted prior to the occupation of the dwellings details of the proposed lighting for the development shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with the agreed details unless otherwise agreed in writing.

Reason: To comply with paragraph 125 of the National Planning Policy Framework as the lighting at waterside developments should be designed to minimise the problems of glare, show consideration for bats and unnecessary light pollution should be avoided by ensuring that the level of luminance is appropriate for the location, is sustainable and efficient, and protect the integrity of the waterway infrastructure.

14

No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following.

A) Risk assessment of potentially damaging construction activities.

B) Identification of “biodiversity protection zones”.

C) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

D) The location and timings of sensitive works to avoid harm to biodiversity features.

E) The times during which construction when specialist ecologists may need to be present on site to oversee works.

F) Responsible persons and lines of communication.

G) Use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be ahead to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason: To safeguard the Local Wildlife Site and to accord with saved Local Plan Policy 106.

15

The development permitted by this planning permission shall be carried out in accordance with the approved The Surface Water & Foul Drainage Design and Maintenance Philosophy carried out by PEP reference 453416-PEP-00-XX-RP-D-6200 dated October 2016 and the following mitigation measures detailed within the FRA:

1.     Providing attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event.

2.     Implementing appropriate SuDS measures as shown on the Drainage Strategy drawing.

3.     Undertake drainage strategy based on attenuation and discharge restricted at 5l/s and to include permeable paving.

4.     Secure clearance works for existing ditches including any culverts and ensure that they shall be kept clear of any obstruction to maintain any surface water flow.

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 prevent flooding by ensuring the satisfactory disposal and storage of surface water from the site. To reduce the risk of flooding to the proposed development and future occupants.

16

The construction of the dwellings shall not take place until a detailed surface water drainage schemefor the site based on the approved Drainage strategy and sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including 1 in 100 year + climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

1.     Detailed engineered drawings of the proposed SuDS features including their size, volume, depth and any inlet and outlet features including any connecting pipe runs.

2.     Final detailed management plan to include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

Reason: To prevent the increased risk of flooding, both on and off site

17

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:  To ensure that reasonable facilities are made available to record archaeological evidence.

18

i) Demolition/development shall take place in accordance with the Written Scheme of Investigation approved under condition 17.

ii) Each phase of the development shall not be occupied until the site investigation has been completed and the provision made for analysis in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A). The final phase of development shall not be occupied until the site investigation has been completed and the provision made for analysis in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

19

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.  

20

All remediation or protection measures identified in the Remediation Statement referred to in Condition 19 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.  

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 

21

The development hereby permitted shall be carried out in accordance with the approved sustainability statement. 

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

22

No development shall take place until a scheme has been submitted to and approved in writing by the local planning authority for the provision of a fire hydrant(s) to serve the development. The development shall not be occupied until the approved scheme of fire hydrant(s) has been installed.

Reason: To ensure water supplies are provided to adequately serve the site in accordance with BS 9999.

23

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

2060/01;

2060/02C;

2060/03;

2060/04A;

2060/05A;

2060/06A;

2060/07;

2060/08;

2060/09B;

2060/10A;

2060/11

453416-PEP-00-XX-DR-D-1200 P05;

453416-PEP-00-XX-DR-D-1300 P02;

453416-PEP-00-XX-DR-D-1700 P05.

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

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.

INFORMATIVES:

Canal and River Trust

“The applicant/developer is advised to contact the Waterway Engineer on 0303 040 4040 in order to ensure that any necessary consents are obtained and that the works comply with the Canal & River Trust “Code of Practice for Works affecting the Canal & River Trust”.

For the Trust to effectively monitor our role as a statutory consultee, please send me a copy of the decision notice and the requirements of any planning obligation.

Environment Agency

Government guidance contained within the National Planning Practice Guidance (Water supply, wastewater and water quality – considerations for planning applications, paragraph 020) sets out a hierarchy of drainage options that must be considered and discounted in the following order:

1.    Connection to the public sewer

2.    Package sewage treatment plant (adopted in due course by the sewerage company or owned and operated under a new appointment or variation)

3.    Septic Tank

We can confirm that there is a main sewer network within 15m of the site and therefore the foul drainage should be connected to the main sewer.

Conservation and Design

Victory house and the 19th century outbuildings should be recorded and a copy of this record deposited in the Hertfordshire HER.

Thames Water

Waste Comments

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. The contact number is 0800 009 3921. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

Package Treatment Works -  Foul water for this development is not draining into Thames Water assets and therefore does not affect us.

Water Comments

On the basis of information provided, Thames Water would advise that with regard to water infrastructure capacity, we would not have any objection to the above planning application.

Thames Water recommend the following informative be attached to this planning permission. Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

Highways

1. The Highway Authority requires the alterations to or the construction of the vehicle crossovers to be undertaken such that the works are carried out to their specification and by a contractor who is authorised to work in the public highway. If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.), the applicant will be required to bear the cost of such removal or alteration. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. The applicant may need to apply to Highways (Telephone 0300 1234047) to arrange this, or use link:- https://www.hertfordshire.gov.uk/droppedkerbs/

2. 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 willfully 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.

3. 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

Lead Local FLood Authority

For further guidance on HCC’s policies on SuDS, HCC Developers Guide and Checklist and links to national policy and industry best practice guidance please refer to our surface water drainage webpage

http://www.hertfordshire.gov.uk/services/envplan/water/floods/surfacewaterdrainage/