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 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.  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: In the interests of safeguarding the street scene in accordance with Policy CS12 of Dacorum Core Strategy.

3

Before the first occupation of the dwelling house hereby permitted the 4 parking spaces and turning area shown by the approved layout Drawing No. 1122SK101G shall be provided fully in accordance with this layout plan. Thereafter all 4 spaces shall be retained at all times and shall be only used for their respective approved vehicular parking and turning purposes.

Reason: To ensure the adequate and satisfactory provision of off-street vehicle parking and turning in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy and Policies 54, 58 and 63 of the saved Dacorum Borough Local Plan.

4

The dwelling house hereby permitted shall not be brought into use until the vehicular access shown by Drawing No. 1122SK101G has been constructed.  The access shall be provided at all times with pedestrian visibility splays of 2m by 2m at each side as measured from the back edge of the pubic footpath within which within there shall be no obstruction to visibility between 0.6m and 2m above the carriageway.

Reason: In the interests of highway safety in accordance with Policies CS8 and CS12 of Dacorum Core Strategy and Policy 54 of the saved Dacorum Borough Local Plan.

5

The access subject to Condition 4 shall be provided at all times with vehicular visibility splays of 2.4m x 43m in both directions from the access, as measured from the edge of the carriageway towards the site frontage. Within both visibility splays there shall be no obstruction to visibility between a height of 0.6m and 2m above the carriageway.

Reason: In the interests of highway safety in accordance with Policies CS8 and CS12 of Dacorum Core Strategy and Policy 54 of the saved Dacorum Borough Local Plan.

6

Prior to commencement of development hereby permitted a full geotechnical study shall be submitted the local planning and highway authorities showing the following:

(a) Geotechnical survey/ land stability/ study of the site, nos 7 and 8 Hunting  Gate and the adjoining land including that associated with the subway footpath, This shall show the natural geology and drainage, any artificial changes resulting from the residential development in the locality and material used for changes to the original garden, artificial drainage, water supply features and an assessment of any land stability at the site and the adjoining area and the implications of any previous remedial works.

(b) The implications of the approved removal of trees and those previously removed at the site and how the retained trees will be protected during the construction period.

(c)  A comprehensive construction/ engineering method statement with reference to loadings, foundation design, levels, boundary treatment, any necessary remedial works, the  basement, the site geology, existing/ removed/ proposed trees, natural and proposed drainage, all other services, the relationship with the embankment/ footpath, road and with nos 7 and 8 Hunting Gate and the effects of any additional future development carried out at nos 7 and 8 and the application site under 'permitted development'. The approach shall confirm how the development will be designed to address any existing and envisaged future land stability issues at the site and within the locality.

The development shall be carried fully in accordance with the approved construction/ engineering method statement.

Reason: In the interests of public safety in accordance with the National Planning Policy Planning Framework paragraphs, taking into issues of land stability including the closeness of the public highway and in particular the adjacent subway.

7

In association with the requirements of Condition 6 no development shall commence until details of the proposed slab, finished floor and ridge levels (with full cross sections) of the dwelling house in relation to the existing and proposed levels of the site and the surrounding land (including the embankment and subway and the retained gardens of nos 7 and 8 Hunting Gate) shall have been submitted to and approved in writing by the local planning authority. The dwelling house shall be constructed in accordance with the approved levels.

Reason: In the interests of the appearance of the development in relation to its surroundings, the residential amenity of the locality and public safety as referred to by Condition 6.

8

The dwelling house hereby permitted shall not be occupied until the boundary fencing separating its garden from the surrounding area, including the retained gardens of nos 7 and 8 Hunting Gate, is installed fully in accordance with a scheme an approved scheme. Thereafter the boundary fencing shall be retained at all times.  

Reason: In the interests of the residential amenity of nos 7 and 8 Hunting Gate and the dwelling house hereby permitted in accordance with Policy CS12 of Dacorum Core Strategy.

9

Trees shall be planted in accordance with an approved landscaping scheme within the rear garden of the dwelling house hereby permitted within the planting season following the first occupation of the dwelling house hereby permitted.  If the trees  within a period of five years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by a section of equivalent hedge or shrub of a species, size and maturity to be approved by the local planning authority. For the purposes of this condition the planting season is from 1 October to 31 March.

Reason: In the interests of the visual amenity and biodiversity in accordance with Policies CS12 and CS29 of Dacorum Core Strategy.

10

Prior to the commencement of the development hereby permitted details of a surface and foul 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 expectations of Condition 6 and 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.

11

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 within the residential curtilage of the dwelling house hereby permitted and the existing dwellinghouses at nos 7 and 8 Hunting Gate :

Schedule 2 Part 1 Classes A, B, C and E

Reason To enable the local planning authority to retain control over the development in the interests of safeguarding the residential environment, public safety in terms of land stability and ensuring that there is the correct balance between the amount of development and land retained for the gardens at nos 7 and 8 Hunting Gate in accordance with Dacorum Core Strategy Policy CBS 12 , saved Appendix 3 of the Dacorum Borough Local Plan.

12

Before the occupation of the dwelling house hereby permitted an exterior lighting scheme shall be submitted to the local planning authority. The approved exterior lighting scheme shall be installed and thereafter retained and maintained fully in accordance with details submitted to and approved in writing by the local planning authority.

Reason: To safeguard the local environment in accordance with accord with the requirements of Policies CS29 and CS32 of the Dacorum Core Strategy and Policy 113 and Appendix 8 of the saved Dacorum Borough Local Plan.

13

No development hereby permitted shall commence until the following are submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority:

·        Details of wheel cleaning facilities for construction vehicles to prevent mud etc from being deposited onto the highway.

·        The management of all deliveries to the site.

·        Construction Traffic Management Plan and Access Route (s)  including the routing for large vehicles including plant.

·        A scheme for Contractors parking.

The scheme shall be implemented throughout the construction period in accordance with the approved details.

Reason: In the interests of highway safety and residential amenity in accordance with Policies CS8 and CS12 of Dacorum Core Strategy.

14

Subject to the requirements of other conditions of this planning permission the development hereby permitted shall be carried out in accordance with the following plan:

1122SK101G

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 positive engagement with the applicant at the pre-application stage and during the determination process which lead 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

With reference to the removal of trees and demolition of the outbuilding:

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

Drainage

Thames Water has advised that for 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. They can be contacted on 0800 009 3921. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

Water Supply

Affinity Water Company at The Hub, Tamblin Way, Hatfield, Herts, AL10 9EZ - Tel - 0845 782 3333 should be consulted by the Developer.

Construction Management Plan

Hertfordshire County Council Highways has advised that all areas for storage and delivery of materials associated with the construction of this development should 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.  This is in the interest of highway safety and free and safe flow of traffic.

The developer will supply the LPA a written Construction Management Plan for approval. The plan will detail how deliveries associated with the works, contractors parking and the prevention of mud etc from being deposited onto the highway is managed and documented as a process to follow. The CMP will also state hours/ days of work and agree routing for large vehicles including plant. Storage of materials

Land Stability and Highway Safety

Hertfordshire County Council Highways has advised that prior to the commencement of development full details of the construction of any retaining wall associated with construction of the dwelling, including any necessary Approval In Principle certification issued in accordance with the requirements of the Department for Transport’s DMRB Standard BD 2/12: Technical Approval of Highway Structures, must be submitted to and approved in writing by the local authority. This is in the interests of public safety to ensure that construction of the development hereby permitted does not affect the stability of the public highway and in particular the adjacent subway.

Highway structural considerations. The applicant is advised that in order to comply with above requirements it will be necessary for the developer of the site to contact the Hertfordshire County Council Bridge Asset Manager in connection with the requirements of Department for Transport Standard BD 2/12: Technical Approval of Highway Structures. Further details can be obtained from the Highway Authority at County Hall, Pegs Lane, Hertford, Herts, SG13 8DN (Telephone: 0300 1234047).

Provision of the Vehicular Crossover

Hertfordshire Highways as the Highway Authority requires the new vehicle cross-over to be aligned to serve the new access drive. All works must be carried out by approved contractors so that the works are carried out to their specification and by a contractor who is authorised to work in the public highway. The applicant will need to contact www.hertsdirect.org or telephone 0300 1234 047 for further instruction.

Storage of materials

Hertfordshire Highways as the Highway Authority has advised that the storage of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority before construction works commence. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

Obstruction of the highway

Hertfordshire County Council has advised that 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.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047. Mud on highway

Road Deposits

Hertfordshire County Council has advised that 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.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047. New or amended crossover – construction standards

Construction standards for the new vehicle access

Hertfordshire County Council Highways has advised that where works are required within the public highway to facilitate the new or amended vehicular access, the Highway Authority require the construction of such works to be undertaken to their satisfaction and 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. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

Construction standards for works within the highway

Hertfordshire County Council Highways has confirmed that  in order to comply with this permission it will be necessary for the developer of the site to enter into an agreement with Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and associated road improvements. The construction of such works must be undertaken to the satisfaction and specification of the Highway Authority, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047

Rights of Way

Hertfordshire County Council has advised that the Public Right of Way should remain unobstructed by vehicles, machinery, materials, tools and any other aspects of the construction during works. The safety of the public using the route and any other routes to be used by construction traffic should be a paramount concern during works, safe passage past the site should be maintained at all times.

 The condition of the route should not deteriorate as a result of these works. Any adverse effects to the surface from traffic, machinery or materials (especially overspills of cement & concrete) should be made good by the applicant to the satisfaction of this Authority. All materials should be removed at the end of the construction and not left on the Highway or Highway verges. If the above conditions cannot reasonably be achieved then a Temporary Traffic Regulation Order would be required to close the affected route and divert users for any periods necessary to allow works to proceed. A fee would be payable to Hertfordshire County Council for such an order.

Secure By Design

Hertfordshire Constabulary recommends that the developer seeks Secured by Design certification to this standard when the dwelling house is built.