Agenda item

4/00726/17/FUL - TWO THREE BED DETACHED DWELLINGS (AMENDED SCHEME) - LAND R/O 76-78 BELSWAINS LANE, HEMEL HEMPSTEAD, HP3 9PP

Minutes:

Councillor Maddern declared an interest on item 5C as she knew the objector but reserved her right to vote.

R Marber introduced the item the application seeks permission for an amended scheme to construct two detached 3 bed dwelling houses. The scheme has been amended since the refusal in 2016 (4/03037/16/FUL).

Alan Harper and Katherine Harper spoke in objection of the application and gave handouts informing members on traffic accident reports and Land Registry documents.

Mr Wingrove spoke in support of the application.

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

Vote

For: 5               Against: 5                    Abstained: 1

Cllr Guest had the casting vote. Cllr Guest voted in favour of granting.

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

 

NB-247 Sheet 1

NB-247 Sheet 2

NB-247 Sheet 3

NB-247 Sheet 4

 

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

 

3

The windows at first floor level in the side elevations of the dwellings hereby permitted shall be permanently fitted with obscured glass and non-opening below 1.7m from the floor level unless otherwise agreed in writing by the local planning authority.

 

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

 

4

No dwelling shall be occupied until 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;

·        height and type of boundary treatment;

·        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;

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

·        proposed finished levels or contours;

 

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 immediate area; in accordance with Policy CS12 of the Core Strategy and saved Policies 99 and 100 of the Local Plan (2004).

 

5

Prior to the first occupation of the development hereby permitted a visibility splay shall be provided in full accordance with the details indicated on the approved plan. The splay shall thereafter be maintained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway

Reason: In the interests of highway safety in accordance with the National Planning Policy Framework, Core Strategy Policies CS9 and CS12 and Saved Policy 51 of the Dacorum Borough Local Plan.

 

 

6

No dwelling shall be occupied until revised plans showing areas for parking and turning suitable for a private vehicle, has be submitted to and approved by the LPA. Such parking will be provided prior to occupation and retained for that sole purpose thereafter.

 

Reason: To ensure the permanent availability of the parking /manoeuvring area, in the interests of highway safety; in accordance with Policies CS8 and CS12 of the Core Strategy (2013).

 

 

7

No development shall commence until Conditions (a) to (d) 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 (d) has been complied with in relation to that contamination.

 

(a)      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 must be submitted and approved 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:

 

·                    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,

·        archaeological 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’.

 

(b)      Submission of Remediation Scheme

 

If contaminated land is identified through condition (a), 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.

 

(c)      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 to carry out remediation. 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/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.

 

(d)      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 (a) above, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Condition (b), 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/validation report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with Condition (c).

 

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 CS32 of the adopted Core Strategy.

 

Informatives

 

Article 35 Statement

 

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. 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.  

 

Highways

 

AN1) The applicant is 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 https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads-and-pavements.aspxby telephoning 0300 1234047.

AN2) 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 https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads-and-pavements.aspx or by telephoning 0300 1234047.

AN3) 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 https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads-and-pavements.aspxor by telephoning 0300 1234047.

 

Environmental Health

 

1. Building work and all related activities on the site, including deliveries and collections shall only take place between 7-30 am and 6-30 pm on weekdays (Monday to Saturday inclusive) and no work shall take place on site on Sundays or Bank Holidays.

2. No waste material, wood or other material shall be burnt on site at any time

Ecology informative

The developer is advised to check for badgers presence prior to any works commencing on site should be undertaken. Should any presence be encountered, then the Council must be informed without delay, advised of the situation and an appropriate course of action agreed.

 

 

8.            Prior to the first occupation of the development hereby permitted details outlining a no dig construction method for the parking bays shall have been submitted to and approved in written by the Local Planning Authority.

 

Reason:  To ensure parking provision does not detriment the root protection areas of adjacent trees; in accordance with Saved Policies 99 and 100 of the Local Plan (2004).

Supporting documents: