Agenda item

4/02911/16/FUL - PROPOSED OAK-FRAMED BARN TO REPLACE EXISTING BUILDINGS (AMENDED SCHEME) - LONG LANE FARM, LONG LANE, BOVINGDON, HEMEL HEMPSTEAD, HP3 0NE

Minutes:

Councillor Whitman left the chamber at 8.20pm so took no part in the discussion or voting of this item

N Gibbs introduced the item and said it had been referred to committee due to the contrary views of Bovingdon Parish Council.

Mrs Hunt spoke in support of the application.

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

Vote

For: 9               Against: 0                    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

The building hereby permitted shall only be used for non commercial equestrian or agricultural purposes and therefore excludes any residential use.

 

Reason: To safeguard the Green Belt and the residential amenity of the locality in accordance with Policies CS5 and CS12 of the Dacorum Core Strategy and for the avoidance of doubt.

 

3

There shall be no additional floor space formed within or external  alterations to building hereby permitted.

 

Reason: To safeguard the Green Belt and the local environment in accordance with Policies CS5 , CS12 and CS29 of the Dacorum Core Strategy. 

 

4

The building hereby permitted shall be constructed in the specified materials.

 

Reason: In the interests of the visual amenity in accordance with Policies CS5 and CS12 of the Dacorum Core Strategy.

 

5

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 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 off site receptors in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy.

 

6

All remediation or protection measures identified in the Remediation Statement referred to in Condition 5 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 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 Policies CS31 and CS 32 of the Dacorum Core Strategy.

 

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 

 

 

7

Prior to the commencement of the development hereby permitted details of a surface  water drainage system shall be submitted to and approved in writing by the local planning authority.  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.

 

8

Details of all exterior lighting to be installed to serve the building hereby permitted 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 local environment in accordance with the requirements of Policies CS5, CS12, CS24 , CS29 and CS32 of the Dacorum Core Strategy and Policy 113 and Appendix 8 of the saved Dacorum Borough Local Plan.

 

 

9

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:

 

1539/ 1, 1539/ 2A, 1539/3A

 

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

 

NOTE 1: ARTICLE 35 STATEMENT

 

Planning permission has been granted for this proposal. The Council acted pro-actively through early engagement with the agent 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

 

Bats

 

UK and European Legislation makes it illegal to:

 

Deliberately kill, injure or capture bats;

Recklessly disturb bats;

Damage, destroy or obstruct access to bat roosts (whether or not bats are present).

 

 

Contacts:

 

English Nature                   01206 796666

UK Bat Helpline                 0845 1300 228 (www.bats.org.uk)

Herts & Middlesex Bat Group        01992 581442

 

 

Supporting documents: