Agenda item

4/03378/16/ROC - VARIATION OF CONDITION 2 (APPROVED PLANS) ATTACHED TO PLANNING PERMISSION 4/03120/16/NMA - NON-MATERIAL AMENDMENT TO PLANNING PERMISSION 4/02419/04/FUL (RESIDENTIAL DEVELOPMENT OF 325 DWELLINGS, PROVISION OF OPEN SPACE, LANDSCAPING, FOOTPATH LINKS AND ASSOCIATED HIGHWAY IMPROVEMENT WORKS INCLUDING NEW RAILWAY CROSSINGS (VEHICULAR AND PEDESTRIAN)) - LAND ADJ. THE MANOR ESTATE, APSLEY, HEMEL HEMPSTEAD, HP3 9SE

Minutes:

A Parrish introduced the item and said this application was for a minor material amendment.

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

Vote

For: 11             Against: 0                    Abstained: 0

Resolved

1.         That the application be DELEGATED to the Group Manager - Development Management & Planning with a view to approval subject to the completion of a Deed of Variation to the existing planning obligation under s.106 of the Town and Country Planning Act 1990 and the draft list of conditions below.

 

2.         That the following Heads of Terms for the Deed of Variation, or such other terms as the Committee may determine, be agreed:

 

That reference is made to planning application 4/03378/16/ROC in the current s106 agreement relating to 4/02419/04/FUL.

 

1

The development shall be carried out in accordance with the details of phasing approved under application reference 4/01044/11/DRC.

 

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

 

2

The development shall be carried out in accordance with the samples / details of materials approved under application references 4/01479/11/DRC and 4/02285/14/DRC.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policies CS10, 11, 12 and 13 of the Dacorum Core Strategy (September 2013).

 

3

Unless otherwise approved in writing by the local planning authority, all window frames shall be finished in white and recessed 90 mm from the face of the elevation in which they are set, all doors shall be painted/stained timber, all fascias, bargeboards, and other joinery shall be white painted/stained timber, and all juliet balconies shall be finished black, and the development shall be carried out in accordance with the details of windows/frames approved under application reference 4/01961/11/DRC and materials approved under application reference 4/00863/13/DRC.

 

Reason:  To ensure a sustainable form and satisfactory appearance to the development in accordance with Policies CS10, 11, 12, 13 and 29 of the Dacorum Core Strategy (September 2013).

 

4

The development shall be carried out in accordance with the details of levels/contours, slab and finished floor levels approved under application references 4/01370/11/DRC (Phase 1) and 4/01767/11/DRC (Phases 2, 3, 4 & 5), except in-so-far as may be varied as part of the current application.

 

Reason:  For the avoidance of doubt and to ensure a satisfactory form of development in accordance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

5

The development shall be carried out in accordance with the details of tree protection approved under application reference 4/01163/11/DRC. No materials, plant or equipment shall be stored or deposited and no mixing of materials shall take place within the area(s) so protected. 

 

Reason: To ensure that damage does not occur to the trees during building operations in the interests of the appearance of the development and to safeguard the visual character of the immediate area in accordance with saved Policies 99 and 100 of the Dacorum Borough Local Plan 1991-2011 and Policies CS12 and 13 of the Dacorum Core Strategy September 2013.

 

6

The development shall be carried out in accordance with the details of hard and soft landscaping approved under application reference 4/01474/11/DRC and 4/01963/11/DRC. The approved landscaping scheme relating to each separate phase area shall be implemented by the end of the first planting season immediately following the completion of that phase of the development (a planting season means the period from 1 October in any one year to 31 March in the next following year).  Any approved landscaping falling outside of any phase area shall be implemented by the end of the first planting season following the completion of the last phase of development.  The trees, shrubs and grass shall subsequently be maintained for a period of five years from the date of planting and any parts of the landscaping scheme which die or are destroyed during this period shall be replaced during the next planting season and maintained until satisfactorily established.  For the purposes of this condition each separate phase area shall be as approved under Condition 1 above.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with saved Policies 99 and 100 of the Dacorum Borough Local Plan 1991-2011 and Policies CS12 and 13 of the Dacorum Core Strategy September 2013.

 

7

The development shall be carried out in accordance with the details of enclosure approved under application references 4/01131/11/DRC and 4/01804/15/DRC.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policies CS12 and 13 of the Dacorum Core Strategy September 2013.

 

8

The development shall be carried out in accordance with the details of the measures to protect the privacy of Nos. 8 to 22 Manorville Road inclusive from the "Swan-Neck" running between Featherbed Lane and King Edward Street approved under application reference 4/01163/11/DRC.

               

Reason:  To ensure a satisfactory appearance to the development and to safeguard residential amenities in accordance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

9

The development shall be carried out in accordance with the details of cycle security approved under application reference 4/01398/11/DRC.

 

Reason: In the interests of providing secure facilities for cycle parking/storage in the interests of a sustainable form of development in accordance with Policy CS29 of the Dacorum Core Strategy (September 2013).

 

10

The development shall be carried out in accordance with the details of energy efficiency and conservation measures approved under application reference 4/01398/11/DRC. All approved measures shall be incorporated into each individual house or flat before it is first occupied.

 

Reason:  To ensure the sustainable development of the site in accordance with the aims of  Policies CS29 and 31 and Para. 18.22 of the Dacorum Borough Core Strategy September 2013 and adopted Supplementary Planning Guidance.

 

11

The development shall be carried out in accordance with the details of foul and surface water drainage approved under application reference 4/01134/11/DRC (Phase 1) and 4/01992/11/DRC (Phases 2, 3, 4 and 5) together with 4/00202/17/DRC. Before any house or flat is first occupied within any separate phase of the development, the approved drainage measures within that phase area shall be provided. For the purposes of this condition each separate phase area shall be as approved under Condition 2 above.

 

Reason:  To ensure the satisfactory disposal of foul and surface water, to ensure sustainable development of the site in accordance with the aims of  Policies CS29 and 31 and Para. 18.22 of the Dacorum Borough Core Strategy September 2013 and adopted Supplementary Planning Document, "Water Conservation."

 

12

The development shall be carried out in accordance with the mitigation scheme for noise and vibration from the railway approved under application reference 4/01044/11/DRC. No affected dwelling shall be occupied until the works which form part of the approved scheme which relate to that specific dwelling shall have been completed.

 

Reason:  In accordance with PPG24 in the interests of the amenity of residents in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013).

 

13

The development shall be carried out in accordance with the details of mitigation measures for smell and noise nuisance from the foul sewage pumping system approved under application reference 4/01134/11/DRC.

 

Reason: In the interests of residential amenities in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013).

 

14

The development shall be carried out in accordance with the details of crime reduction measures approved under application reference 4/01398/11/DRC.

 

Reason: To ensure a secure and safe form of development for the residents in accordance with Best Practice and Secured by Design principles and Policy CS12 of the Dacorum Core Strategy (September 2013). 

 

15

The development shall be carried out in accordance with the details of translocation of areas of important grassland approved under application reference 4/01163/11/DRC.

               

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area and ecological heritage in accordance with Policies CS10, 12 and 29 of the Dacorum Core Strategy (September 2013).

 

16

The development shall be carried out in accordance with the details of ecological protection approved under application reference 4/01163/11/DRC.

 

Reason:  To ensure the appropriate accommodation of protected species and their habitat within the development in accordance with Policies CS10, 12 and 29 of the Dacorum Core Strategy (September 2013).

 

17

The development shall be carried out in accordance with the details of archaeological investigation approved under application reference 4/01031/11/DRC and prior to the occupation of the last residential unit of the development a fully detailed report of all on-site archaeological work shall be submitted to and approved in writing by the local planning authority.

 

Reason:  To ensure that reasonable facilities are made available to record archaeological evidence in accordance with Policy CS27 of the Dacorum Core Strategy (September 2013). .

 

18

The development shall be carried out in accordance with the details of wheel washing approved under application reference 4/01131/11/DRC and the wheel washing facilities shall be operated and maintained, along with measures for the disposal and removal of mud, in accordance with the approved details for the duration of construction works.

 

Reason: To minimise danger, obstruction and inconvenience to users of the highway in accordance with saved Policy 51 of the Dacorum Borough Local Plan 1991-2011.

 

 

19

All storage areas and facilities for on-site parking for the use of all contractors, sub-contractors and delivery vehicles engaged on or having business on the site associated with the construction of the development hereby permitted, including the access works, shall be provided for the duration of the development on land which is not a public highway and which is not in an area required for tree protection and the use of such areas must not interfere with the use of the public highway or any trees.

 

Reason:  To ensure the adequate and satisfactory provision of off-street construction-related vehicle parking facilities in the interests of highway safety in accordance with saved Policy 51 of the Dacorum Borough Local Plan 1991-2011.

 

20

No house or flat shall be occupied until the facilities for vehicle parking and access (including cycle storage) for that house and/or flat shall have been provided in accordance with the details shown on the approved plans, and such facilities shall not be used thereafter otherwise than for the purposes approved.

 

Reason: To ensure that adequate access and 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 highways, and to encourage the use of sustainable modes of transport in accordance with saved Policy 51 and 58 of the adopted Dacorum Borough Local Plan 1991 - 2011 and Policy CS12 of the Dacorum Core Strategy September 2013.

 

21

The refuse storage facilities for the blocks of flats shown on the approved plans shall be provided before any flat in any block to which they relate is first occupied.

 

Reason:  In the interests of providing satisfactory facilities for the storage of refuse in accordance with Policy CS12 and 29 of the Dacorum Core Strategy September 2013.

.

 

22

Before any house or flat is first occupied within any separate phase of the development, the approved roadway, access, turning and circulation areas within that phase area shall have been laid out and constructed to base course level. For the purposes of this condition each separate phase area shall be as approved under  Condition 1 above.

 

Reason: To ensure that adequate access 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 highways, in accordance with saved Policy 51 of the adopted Dacorum Borough Local Plan 1991 - 2011 and Policy CS12 of the Dacorum Core Strategy September 2013.

 

23

Development shall be undertaken in accordance with the mitigation measures as set out in the Air Quality Assessment Report approved under application reference 4/02419/04/FUL.

 

Reason:  To ensure that the issue of air quality is adequately addressed and to ensure a satisfactory residential development in accordance with Policies CS12 and 32 of the Dacorum Core Strategy September 2013.

 

24

Except in relation to the bridge works, or as may otherwise be agreed in writing by the local planning authority, no construction works relating to this permission shall be carried out outside the following hours:

 

Monday to Friday          07.30 hours to 18.00 hours

Saturday                        08.00 hours to 13.00 hours

 

There shall be no construction work on Sundays or Bank Holidays.

 

Reason:  In the interests of the amenity of nearby residents in accordance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

25

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 (or any Order revoking or re-enacting that Order) (with or without modification) no development on the following properties 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

 

Class A

TWA3 - Plots 23, 25, 29

TWA4 - Plots 53-58, 60, 70, 79-82, 87, 90, 98-101, 105-107, 125, 132, 136, 137, 138, 141, 142, 147, 148, 177, 182, 186, 189, 193, 194, 201, 203, 204, 209, 211, 215-217, 225, 229, 239, 248, 254, 256-259, 260-269, 270-280, 282-285, 287, 288, 290, 295,        

 

Class B

TWA3 - Plots 1, 2, 18-30

TWA4 - Plots 1-6, 38-58, 59, 60, 70, 78-84, 87, 90-93, 98-101, 125-128, 129, 133-136, 139-140, 146-153, 177, 182, 185, 186, 189-193, 196, 197, 201, 203-204, 206, 207, 211-217, 225, 229-233, 239, 242-248, 251, 254, 256-280, 282, 283, 285, 287-295,    

 

Class C

TWA3 - Plots 1-30 (excluding flats)

TWA4 - Plots 1-295 (excluding flats)

 

Class D

TWA3 - Plots 18-22, 25-27, 29, 30

TWA4 - Plots 55-58, 59, 62-69, 71, 78, 103-106, 108, 131, 132-141, 196, 197, 201-204, 210-214, 230, 231, 243-246, 248, 249, 258, 259, 267-269, 277, 278, 289,   

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding the residential and visual amenities of the locality (including the original design concept of the dwellings) in accordance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

26

The windows in the following properties shall be permanently fitted with obscured glass:

 

TWA 3:

 

Plot 18 - First floor bathroom

Plot 19 - First floor bathroom

Plot 23 - First floor landing and shower room

Plot 24 - First floor landing and shower room

Plot 25 - First floor bathroom

Plot 27 - Stairwells

 

TWA 4:

 

Plot 9 - Bathroom and south east living room

Plot 11 - Bathroom and south east living room

Plot 41 - Landing

Plot 42 - En-suite

Plot 50 - Upper stairwell

Plot 59 - First floor en-suite

Plot 75 - North-most window to bedroom 5

Plot 84 - First floor bathroom

Plot 88 - First floor en-suite

Plot 89 - Bedroom 4

Plot 96 - Stairwells

Plot 99 - First floor en-suite

Plot 126 - Stairwells

Plot 133 - Stairwells

Plot 137 - First floor en-suite

Plot 138 - Bedroom 6

Plot 139 - First floor en-suite

Plot 141 - First floor en-suite

Plot 144 - First floor bathroom

Plot 177 - South east bedroom 2

Plot 180 - Hall, bathroom and store

Plot 181 - Hall, bathroom and store

Plot 182 - North west bedroom 2

Plot 185 - South east bedroom 2

Plot 186 - bathroom and en-suite

Plot 190 - Stairwells

Plot 200 - First floor en-suite

Plot 201 - En-suite

Plot 202 - En-suite

Plot 203 - En-suite

Plot 204 - En-suite

Plot 205 - First floor en-suite

Plot 207 - First floor bathroom

Plot 214 - First floor en-suite

Plot 219 - Stairwells

Plot 234 - First floor en-suite

Plot 235 - Bedroom 5 and 6

Plot 236 - First floor en-suite

Plot 237 - First floor en-suite

Plot 238 - Bathroom

Plot 246 - Bedroom 5 and 6

Plot 249 - First floor en-suite

Plot 250 - Bathroom

Plot 260 - Stairwells

Plot 286 - Bathroom

Plot 294 - Stairwells

 

Reason:  In the interests of the amenity of adjoining residents in accordance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

27

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 (or any Order revoking or re-enacting that Order) (with or without modification) the garages hereby permitted shall be kept available at all times for the parking of vehicles associated with the residential occupation of the dwellings and they shall not be converted or adapted to form living accommodation without the express permission of the local planning authority following the submission of a planning application.

 

Reason:  In the interests of highway safety and to safeguard the visual character of the area in accordance with saved Policy 51 of the Dacorum Borough Local Plan 1991-2011  and Policy CS12 of the Dacorum Core Strategy September 2013..

 

28

The development shall be carried out in accordance with the non-material amendments approved under application references 4/00957/11/NMA, 4/02499/15/NMA, 4/03342/15/NMA.

 

Reason: For the avoidance of doubt and to ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

29

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

AP 7-20-02 G - Ground Floor Structural

AP 7-20-03 G - First Floor Structural

AP 7-20-04 G - Second Floor Structural

AP 7-20-08 C - Front & Side Elevations

AP 7-20-09 A - Rear & Side elevations

APSL-06-107 C - Apsley Phase 6 Proposed plans and Sections

APSL-06-108 C - Apsley Phase 6 Proposed Finished Floor Levels & Street Scene 13

APS6-02-300 K - Phase 6 fence key plan

JBA 11-249-06 Rev B - Apsley Phase 6 detailed plots and POS

APT_720_DORM1A

 

together with the following plans approved under 4/02419/04/FUL:

 

(Boast Associates)

P001 rev A – Location plan

P003 rev L – TWA-4 Site layout – sheet 2

P004 rev L – TWA-4 Site layout – sheet 3

P005 rev H – TWA-3 Site layout – sheet 4

P006 rev E – Overall site layout

P008 rev D – House type A1

P009 rev C – House type B

P010 rev C – House type B1

P011 rev D – House type C1/D1 Plans

P012 rev D – House type C1/D1 Elevations

P014 rev C – House type E

P015 rev C – House type E1/E2

P016 rev C – House type E1

P017 rev C – House type F

P019 rev B – House type G1

P022 rev C – House type J

P025 rev C – House type K1

P027 rev C – House type M

P028 rev C – House type N

P029 rev C – House type O/O1

P030 rev D – House type P

P031 rev E – House type R

P032 rev C – House type S

P033 rev C – House type V

P034 rev C – House type W

P035 rev B – House type X/Y

P036 rev A – Bin/bike stores

P038 rev D – House type 2B4P (affordable)

P039 rev D – House type 3B5P (affordable)

P040 rev C – House type 4B6P (affordable)

P041 rev C – Flats, plots 179-182

P042 rev C – Flats, plots 21-26

P043 rev D – Flats, plots 27-34

P044 rev C – Flats, plots 154-165

P045 rev C – Flats, plots 166-173

P048 rev D – TWA3 Flats, plots 6-11

P049 rev C – TWA-3 Flats, plots 12-17

P050 rev B – Street elevations 1-6

P052 rev B – Street elevations 14-15

P059 – Affordable housing site locations

P060 – Play area locations

P061 rev A – 3D view: focal square 3

P062 rev A – 3D view: home zone 1

P063 rev A – 3D view: focal square 2

P064 rev A – 3D view: village green

P065 rev A – 3D view: public open space

P066 rev A – 3D view: focal square 1

P067 – 3D view: TWA-3 general view

P068 – Drawing showing privacy of rear garden to 85 West Valley Road

P069 – Street elevation 16

P070 – Street elevation 17

P071 – Storey heights

P072 rev B – Site layout showing public open space

 

(MJA Consulting)

3595-OS-01

3595-OS-02

3595-OS-03

3595-OS-04

3595-OS-05

3595-OS-06

3595-OS-07

3595-E10

3595-EX04

 

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 pre-application and 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 development hereby permitted is an amendment to the permission granted under planning permission 4/02419/04/FUL.

 

 

Supporting documents: