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

No development (excluding demolition) shall 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. Details of material shall include:

Fenestrations;

Slate

Bricks;

Brick bond;

Mortar finish;

Stone;

Joinery details; and

finish of rainwatergoods.

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 safeguard the character and appearance of the Listed Historic Park and AONB; in accordance with policies CS12, CS24, CS25 and CS27 of the Core Strategy (2013).

3

Within 6 months of the date of this permission 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; and

·        trees to be retained and measures for their protection during construction works;

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 historic environment and AONB in accordance with policies CS12,  CS24, CS25 and CS27 of the Core Strategy (2013).

4

Both windows serving the bathrooms at first floor level in the west side elevation of the new dwelling hereby permitted shall be permanently fitted with obscured glass and non-opening below a height of 1.7m from floor level.

Reason: In the interests of the residential amenities of the occupants of the adjacent dwellings and future occupiers of the dwelling house; in accordance with Policy CS12 of the Core Strategy (2013).

5

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, D and E

Reason: To enable the local planning authority to retain control over the development in the interests of safeguarding the character and appearance of the Chilterns AONB, rural area and historic environment; in accordance with policies CS7, CS12, CS24, CS25 and CS27 of the Core Strategy (2013) and saved policies 23 and 97 of the Local Plan (2004).

6

Demolition of the existing dwelling shown on drawing number 16 490 PL10 A shall not take place before the history of the existing dwellinghouse has been appropriately recorded by means of photographs and drawings at metric scale of 1:20. This recording shall then be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interest of preserving the Historic Character of the Environment, in accordance with policy CS25 and CS27 of the Core Strategy (2013).

7

All structures and buildings existing on the site shown on Drawing No. 16 490 PL10 A shall be demolished and the materials removed within 56 days of the first occupation of the development hereby permitted.

Reason: To safeguard and maintain the character and appearance of the Chilterns AONB, rural area and historic environment; in accordance with policies CS7, CS12, CS24, CS25 and CS27 of the Core Strategy (2013) and saved policies 23 and 97 of the Local Plan (2004).

8

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 Conditions (8) to (10) 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 (10) has been complied with in relation to that contamination.

Site Characterisation

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i)            a survey of the extent, scale and nature of contamination;

(ii)        an assessment of the potential risks to:

·        human health,

·        property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

·        adjoining land,

·        groundwaters and surface waters,

·        ecological systems,

·        archeological sites and ancient monuments;

(iii)         an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

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 CS12 of the Core Strategy (2013) and the NPPF (2012).

9

Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

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 CS12 of the Core Strategy (2013) and the NPPF (2012).

10

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 carrying 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.

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 CS12 of the Core Strategy (2013) and the NPPF (2012).

11

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 (8) above, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Condition (8), 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 (9).

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 CS12 of the Core Strategy (2013) and the NPPF (2012).

INFORMATIVE:

The applicant is advised that a guidance document relating to land contamination is available in the Council's website:

http://www.dacorum.gov.uk/default.aspx?page=2247

12

Any works that disturb identified bat roosting places identified in the ecological appraisal (Cherryfield Ecology 13/09/2016) shall not in any circumstances commence unless the local planning authority has been provided with a licence issued by  pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorizing the specified activity/development to go ahead.

Reason: To ensure compliance with the Conservation of Habitats and Species Regulations 2010 and to ensure biodiversity is conserved and enhanced in accordance with policy CS26 of the Core Strategy (2013) and the NPPF (2012).

13

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

Arboricultural Impact Assessment and Arboricultural Method Statement dating 21st November 2016

Tree Survey Report dating 15th July 2016

Cherryfield Ecology Report dating 16th September 2016

Cherryfield Ecology Report dating 11th July 2016

16 490 PC11C

16 490 PL12C

16 490 PL13B

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

Informative 1 - Ecology

1. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage, or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act.

Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are assumed to contain nesting birds between the above dates, unless a recent survey has been undertaken by a competent ecologist to asses the nesting bird activity on site during this period and has shown it is absolutely certain that nesting birds are not present.

2. The area of grass around the proposed development site should be mown/strimmed as short as possible before and during construction to ensure it remains/becomes unfavourable for reptiles and amphibians;

Stored materials (that might act as temporary resting places) are raised off the ground eg on pallets or batons; and any rubbish is cleared away to minimise the risk of reptiles or amphibians using the piles for shelter;

Trenches or excavations are backfilled before nightfall or a ramp left to allow reptiles and amphibians to escape;

Building work should (ideally) be carried out during April-June, when amphibians are more likely to be found in ponds and less likely to be found on site;

If protected species being found, work must stop immediately and ecological advice taken on how to proceed lawfully from Natural England (0300 060 3900) or an ecological consultant.

Informative 2 - 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.