Agenda item

4/00206/17/MFA - PROPOSED CONSTRUCTION OF MARQUEE FOR THREE YEARS COMMENCING, 1ST JANUARY 2017 AND FINISHING 1ST JANUARY 2020. MAXIMUM OF 30 EVENTS IN EACH YEAR 18 EVENTS TILL MIDNIGHT AND 12 EVENTS UNTIL 11PM. - THE WATERMILL HOTEL, LONDON ROAD, BOURNE END, HEMEL HEMPSTEAD, HP1 2RJ

Minutes:

N Gibbs introduced the item and said it had been referred to committee due to the Green Belt implications, public interest and longstanding background planning history.

Neeru Kareer and Bhavesh Patel spoke in support of the application.

Councillor Whitman left the chamber at 8.10pm so did not take part in the discussion or voting of this item.

Members were concerned about noise and light levels and hoped that this would be monitored by the relevant departments.

Councillor Whitman returned at 8.12pm

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

Vote

For: 9                           Against: 3                                Abstained: 0

Resolved:

That planning permission be GRANTED subject to the following conditions:

1

The marquee hereby permitted shall be totally dismantled and permanently removed from the site on or before 1 January 2020.

 

Reason: In the interests of safeguarding the Green Belt in accordance with Policy CS5 of the Dacorum Core Strategy. The marquee represents inappropriate development in the Green Belt. Such development is by definition harmful to the Green Belt. There are very special circumstances for the local planning authority to support this inappropriate development in the Green Belt for this specified period.  After 1 January 2020 there is no currently evident planning justification to substantiate marquee's further retention in the Green Belt which will affect its openness.

 

2

The marquee hereby permitted shall only be used for the holding of functions by the Watermill Hotel for a maximum of 30 events in each calendar year, with 18 events until 24.00 hours (midnight) and 12 events until 23.00 hours. There shall be no use between 24.00 hours and 9.00 hours. The number of events held for 2017 shall be calculated upon those which have taken place between 1 January 2017 and the date of this planning permission. 

 

Reason:  To safeguard the character of this part of the Green Belt countryside and its local environment, including the residential and canalside amenity, in accordance with Policies CBS 5 (criteria ii), CS10, CS12 and CS25 of the Dacorum Core Strategy and saved Policy 106 of Dacorum Borough Local Plan.

 

3

Following the last use of the marquee subject to this planning permission the land used for the installation of the marquee shall be reinstated by re-seeding grass during the planting season starting 1 October 2020.  Following this, an ecological management plan for the land the area shall be carried out fully in accordance with a scheme submitted to and approved in writing by the local planning authority.  

 

Reason: In the interests of safeguarding character and appearance of this part of the Green Belt and biodiversity in accordance with Polices CS5, CS25 and CS29 Of the Dacorum Core Strategy.

 

4

The noise level at the northern boundary with the Canal, Sharpes Lane and London Road shall be at no more that 50 dBA Leq over 5 minutes at any time whenever the marquee hereby permitted is in use.  At all times noise limiting equipment, loudspeaker systems to restrict amplification of noise when live or recorded music is played within the marquee shall be used.

 

Reason:  To safeguard the character of this part of the Green Belt countryside and its local environment, including the residential and canalside amenity, in accordance with Policies CBS 5 (criteria ii), CS12 and CBS 32 of the Dacorum Core Strategy and saved Policy 106 of Dacorum Borough Local Plan.

 

5

The marquee hereby permitted shall only be used in accordance with an approved emergency planning and rescue evacuation plan which shall include all the Environment Agency's and Hertfordshire Fire and Rescue's operational requirements.

Reason : To ensure that in the public interest that the marquee and the associated land is only used at all times in accordance with all safety expectations of the Environment Agency and Hertfordshire Fire & Rescue Service in accordance with Policies CS8, CS9 and CS12 and saved Policies CS51 and CS54 of the Dacorum Borough Local Plan.

 

6

The plan subject to condition 5 shall include full details of the emergency access route from the existing car park to the edge of the river bridge.  All of this access route shall be subject to approved emergency warning signage and at all times during the use of the marquee to be demarcated to ensure that it is free from any customer/ visitor parking.

 

Reason: In the interests of ensuring that all times during the use of the marquee this emergency access route is kept clear  of any obstruction to prevent access by emergency vehicles.  This is to ensure that in the public interest that the marquee and the associated land is only used at all times in accordance with all the safety expectations of the Environment Agency and Hertfordshire Fire & Rescue Service in accordance with Policies CS8, CS9 and CS12 and saved Policies CS51 and CS54 of the Dacorum Borough Local Plan.   

 

7

The additional exterior lighting in the interests of public safety in accordance with the requirements of Condition 5 shall be installed and maintained at all times fully in accordance with details submitted to and approved in writing by the local planning authority. All the approved lighting shall be removed permanently from the site in accordance with the requirements of Condition 1.

 

Reason: To safeguard the character and appearance of the locality, the local environment, in the interests of biodiversity, road and rail safety to accord with the requirements of Policies CS5, CS12 , CS25, CS26, and CS32 of the Dacorum Core Strategy and Policy 113 and Appendix 8 of the Dacorum Borough Local Plan.

 

8

The land hatched on the approved drawing shall be used for no more than 30 times each calendar year for car parking to serve the hotel marquee hereby permitted and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2016 (Class B Temporary Uses of Land: any Order amending or re-enacting that Order with or without modification) the land crosshatched by this drawing shall not be used for any temporary purpose without the prior written approval of the local planning authority.

 

Reason: In the interests of safeguarding the Green Belt and the residential amenity of the locality in accordance with Policy CS5 of the Dacorum Core Strategy.

 

9

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

 

Location Plan

A1 PLA 1001 A

 

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.
 

 

Building Regulations

 

An application for retrospective Building Regulations Approval is necessary.

 

Fire/ Flood Emergency Access

 

In addition to the requirements of Building Regulations and Conditions 5, 6 and 7 , based upon  Hertfordshire Fire & Rescue Services recent site inspection it is essential that there is regular contact with HFRS and Environment Agency to ensure that all times the marquee's emergency evacuation plan is acceptable to both organisations.

 

Under the terms of the Water Resources Act 1991, and the Thames Land Drainage Byelaws 1981, the prior consent of the Environment Agency is required for any proposed works or structures, in, under, over or within 8 metres of the top of the bank of the River Bulbourne designated a ‘main river’. From 6th April 2016, the Flood Defence Consent regime moved into the Environmental Permitting Regulations to become Flood Risk Activity Permits. The charges for the new permits are different and some lower risk activities may be excluded or exempt from the permitting regulations.  

 

 

Supporting documents: