Agenda item

4/02294/16/FUL - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF NEW DWELLING WITH BASEMENT - BELLAVISTA, FELDEN LANE, HEMEL HEMPSTEAD, HP3 0BB

Minutes:

Councillor Guest declared a personal interest as the architect was known to her. She reserved her right to speak and vote on this item.

B Curtain introduced the report and said it had been called in at the request of Councillor Riddick.

Councillor Maddern arrived at 7.26pm and took no part in the discussion or voting of this item.

David Kirkland spoke in support of the application.

Councillor Imarni arrived at 7.39pm and took no part in the discussion or voting of this item.

Robert Scott spoke in objection to the application.

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

Vote

For: 8               Against: 2                    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

No development shall commence on the building (above ground works) hereby approved until samples of the materials proposed to be used on the external walls and roofs of the development and full details of the window and door details and finishes 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 ensure a satisfactory appearance to the development and to comply with Policy Cs12 of the Core Strategy.

 

 

3

The dwelling hereby approved shall not be occupied 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:

 

·        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;

·        finished levels and contours

 

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, to safeguard the visual character of the immediate area and to safeguard the residential amenities of adjacent properties.

 

4

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, and B

 

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.

 

5

Notwithstanding any details submitted as part of the planning application, no development shall commence on the building (above ground works) hereby permitted, until plans and details showing how the development will provide for renewable energy and conservation measures, and sustainable drainage and water conservation shall be submitted to and approved in writing by the local planning authority.  The approved measures shall be provided before any part of the development is first brought into use and they shall thereafter be permanently retained.

 

Reason: To ensure the sustainable development of the site in accordance with CS29 of the Adopted core Strategy.

 

 

6

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

 

PL - 01 - Rev P1 - Proposed Location Plan

PL - 02 - Rev P4 - Proposed Site Plan

PL - 03 - Rev P4 - Proposed Plan G/F

PL - 04 - Rev P4 - Proposed Plan F/F

PL - 05 - Rev P2 - Proposed Plan B/M 01

PL - 06 - Rev P2 - Proposed Plan B/M 02

 

EL - 01 - Rev P4 - Proposed Elevations 01

EL - 02 - Rev P4 - Proposed Elevations 02

EL - 04 - Rev P2 - Proposed Views 02

EL - 05 - Rev P3 - Proposed Views 03

 

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

 

Article 35;

 

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;

 

·         The applicant is reminded that;

 

 “Bats and their roosts remain protected at all times under National and European law. If bats or evidence for them is discovered during the course of works (particularly in the areas highlighted by Herts Ecology), work must stop immediately and advice sought on how to proceed lawfully from Natural England (Tel: 0300 060 3900) or a licensed bat consultant.”

 

·         The applicant is advised that the freehold of the property is affected by the presence of a 100mm ductile iron public water main and this water main must be safeguarded during any proposed development.

 

 

HIGHWAY INFORMATIVES:

1. 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 wilfully 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.

2. 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

 

 

Supporting documents: