Agenda item

4/01630/17/MFA - RESIDENTIAL DEVELOPMENT ON FORMER MARTINDALE SCHOOL SITE TO PROVIDE 65 NEW DWELLINGS (AMENDED SCHEME) - MARTINDALE JMI SCHOOL, BOXTED ROAD, HEMEL HEMPSTEAD, HP1 2QS

Minutes:

R Marber introduced the item to members and said it had been referred to committee because Dacorum Borough Council is the applicant and the land owner. Amendments have bene made following consultations and objections from residents.

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

Vote

For: 10                         Against: 0                    Abstained: 0

Resolved:

1. That the application be DELEGATED to the Group Manager, Development Management and Planning with a view to approval subject to the completion of a planning obligation under s.106 of the Town and Country Planning Act 1990.

 

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

 

·         Provision of Fire Hydrants

·         Monitoring cost of travel plan and construction management plan- financial contribution of £6,000

Provision of 50% (32 units) affordable housing for social use, comprising 8 x 2 bedroom houses, 5 x 3 bedroom houses, 15 x 1 bedroom flats and 4 x 2 bedroom flats.

 

Suggested planning 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:

 

Proposed Site Plan: 1521_PL_003 Rev G

Site Sections: 1521_PL201 Rev B

T1 House type: Plans & Elevations: 1521_PL100

T1A House type: Plans & Elevations: 1521_PL101

P1 House type: Plans & Elevations: 1521_PL102 Rev A

P2 House type: Plans & Elevations: 1521_PL103 Rev A

P2A House type: Plans & Elevations: 1521_PL104 Rev A

Apartments Ground Floor Plan: 1521_PL105

Apartments First Floor Plan: 1521_PL106

Apartments Second Floor Plan: 1521_PL107

Apartments Third Floor Plan: 1521_PL108

Apartment Elevations: 1521_PL109 Rev A

Additional Geo-environmental Site Investigation Report September 2017

ST-2079-13-B- Indicative Drainage Strategy

Preliminary Ecological Appraisal and Bat Roosting Assessment May 2013

Flood Risk Assessment June 2017

Travel Plan Statement 11/06/17

Design + Access Statement September 2017

Tree Constraints Plan 8099/01

 

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

 

3

The windows at second floor level in the side elevation of house type T1A, first floor bathroom windows of house types P2 and P2A and ground, first and second floor bathroom windows of the apartment block hereby permitted shall be permanently fitted with obscured glass 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 residents of the development; in accordance with Policy CS12 of the Core Strategy (2013).

 

4

Prior to construction from the date of this permission full 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 (including roads/footpaths/driveways/courtyards etc);

·        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; and

·        external lighting.

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted. The trees, shrubs and grass shall subsequently be maintained for a period of five years from the date of planting and any which die or are destroyed during this period shall be replaced during the next planting season and maintained until satisfactorily established.

               

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 (2013).

 

5

The trees and hedges shown for retention on the approved Drawing No. 1521_PL_003 Rev G shall be protected during the whole period of site excavation and construction by the erection and retention of a 1.5 metre high chestnut paling fence on a scaffold framework positioned beneath the outermost part of the branch canopy of the trees.

 

Reason:  In order to ensure that damage does not occur to the trees during building operations; in accordance with Saved Policies 99 and 100 of the Local Plan (2004) and Policy CS12 of the Core Strategy (2013).

 

6

Prior to construction from the date of this permission details of facilities for the storage and collection points of refuse shall have been submitted to and approved in writing by the local planning authority.  The approved facilities shall then be provided before the development is first brought into use and they shall thereafter be permanently retained unless otherwise agreed in writing with the local planning authority.

 

Reason: To ensure a satisfactory appearance to the development, in accordance with Saved Policy 129 of the Local Plan (2004) and Policy CS12 of the Core Strategy (2013).

 

7

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:

 

Schedule 2 Part 1 Classes A, B, C, D, E, F and H

Part 2 Classes A, B, C and L.

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding the residential and visual amenity of the locality; in accordance with Policy CS12 of the Core Strategy (2013).

 

8

The development permitted by this planning permission shall be carried out in accordance with the approved FRA carried out by Flood Risk Assessment a carried out by Stomor reference ST2079/FRA-1705-Martindale Rev 0 dated May 2017, submitted and the following mitigation measures detailed within the FRA:

 

1.         Limiting the surface water run-off rates to maximum of 9l/s with discharge into Thames surface water sewer.

2.         Provide attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event.

3.         Implement drainage strategy as indicated on the proposed drainage strategy drawing no. ST-2079-13-B utilising swales, detention basins, permeable paving and attenuation tanks.

 

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing/phasing arrangements embodied within the scheme.

 

Reason: To reduce the risk of flooding to the proposed development and future occupants; in accordance with Policy CS31 of the Core Strategy (2013).

 

 

9

Prior to construction from the date of this permission the final design of the drainage scheme should be completed and sent to the LPA for approval. The scheme shall also include;

 

1.    Detailed engineered drawings of the proposed SuDS features including their, location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance climate change event.

2.    Any areas of informal flooding with flood extents and depths.

3.    Final detailed management plan to include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

Reason: To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site; in accordance with Policy CS31 of the Core Strategy (2013).

 

 

10

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 the issue of contamination is adequately addressed and to ensure a satisfactory development; in accordance with Policy CS12 of the Core Strategy (2013) and the NPPF (2012).

 

 

11

All remediation or protection measures identified in the Remediation Statement referred to in Condition 6 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 the issue of contamination is adequately addressed and to ensure a satisfactory development; in accordance with Policy CS12 of the Core Strategy (2013) and the NPPF (2012).

 

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 

 

12

Prior to construction from the date of this permission details of a measures to recycle and reduce demolition and construction waste which may otherwise go to landfill, together with a site waste management plan (SWMP), shall have been submitted to and approved in writing by the local planning authority. The measures shall be implemented in accordance with the approved details.

 

Good practice templates for producing SWMPs can be found at:

http://www.smartwaste.co.uk/ or

http://www.wrap.org.uk/construction/tools_and_guidance/site_waste_management_planning/index.html

 

Reason: To accord with the waste planning policies of the area, Policy CS29 of the Dacorum Core Strategy (2013) and Saved Policy 129 of the Dacorum Borough Local Plan (2004).

 

13

Prior to construction the date of this permission a construction management plan detailing provision for on-site parking for construction workers, storage of materials and wheel washing facilities for the duration of the construction period shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented throughout the construction period.

 

Reason: To ensure adequate off-street parking during construction in the interests of highway safety; in accordance with Policies CS8 and CS12 of the Core Strategy (2013).

 

 

14

Occupation of the development hereby permitted shall not be commenced until the site access has been constructed and completed to the satisfaction of the local planning authority.

 

Reason: In the interests of highway safety and the free and safe flow of traffic; in accordance with Policies CS8 and CS12 of the Core Strategy (2013).

 

Affinity Water Informative:

 

You should be aware that the proposed development site is located within an Environment Agency defined groundwater Source Protection Zone (SPZ) corresponding to Marlowes Pumping Station. This is a public water supply, comprising of a number of Chalk abstraction boreholes, operated by Affinity Water Ltd.

 

The construction works and operation of the proposed development site should be done in accordance with the relevant British Standards and Best Management Practices, thereby significantly reducing the groundwater pollution risk. It should be noted that the construction works may exacerbate any existing pollution. If any pollution is found at the site then the appropriate monitoring and remediation methods will need to be undertaken.

 

For further information we refer you to CIRIA Publication C532 "Control of water pollution from construction - guidance for consultants and contractors.

 

Air Quality Informative

 

The development should  incorporation of good design principles and best practice measures as detailed in Chapter 5 of the following industry guidance document entitled ‘EPUK & IAQM Land-Use Planning & Development Control: Planning For Air Quality - January 2017’ to minimise emissions.

 

Ecology Informative

 

- Bats and their roosts remain protected at all times under National and European law. If bats or evidence for them is discovered during the course of development works, work must stop immediately and advice sought on how to proceed lawfully from Natural England (tel: 0300 060 3900) or a licensed bat consultant.

 

- An updated ecological walkover survey should be undertaken prior to any works taking place to confirm the continued absence of, or the potential for, protected species on the site.

 

Highway Informative

 

AN1) Storage of materials: 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 http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

AN2) Obstruction of public highway land: 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.

AN3) Road Deposits: 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.

AN4) Construction standards for works within the highway: All works to be undertaken on the adjoining highway shall be constructed to the satisfaction and specification of the Highway Authority, by an approved contractor, and in accordance with Hertfordshire County Council’s publication "Roads in Hertfordshire - Highway Design Guide (2011)". 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.

 

Article 35 Statement

 

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

 

 

Supporting documents: