Agenda item

4/02214/17/ROC - VARIATION OF CONDITIONS 12 (FLOOD RISK ASSESSMENT), 19 (CONSTRUCTION PHASE MITIGATION MEASURES), 20 (NOISE MITIGATION) AND 26 (APPROVED PLANS) ATTACHED TO PLANNING PERMISSION 4/00064/17/MFA (COMPREHENSIVE REDEVELOPMENT OF THE SITE TO PROVIDE 54,714 SQM OF FLEXIBLE COMMERCIAL FLOORSPACE WITHIN USE CLASSES B1C/B2/B8 AND ANCILLARY OFFICES, TOGETHER WITH CAR AND CYCLE PARKING, ACCESS AND LANDSCAPING) - MAYLANDS GATEWAY, MAYLANDS AVENUE, HEMEL HEMPSTEAD

Minutes:

P Newton introduced the item and said it had been referred to committee due to minor layout changes due to specific user requirements.

Catherine Bruce spoke in support of the application.

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

Vote

For: 11             Against: 0                    Abstained: 1

Resolved:

That planning permission be DELEGATED to the Head of Development Management and Planning with a view to approval subject to the completion of a Deed of Variation (or other legal mechanism) to the planning obligation under s.106 of the Town and Country Planning Act 1990 to ensure that its provisions (listed below) relate equally to this revised proposal:-

 

 

Highways

 

·         Provision of highway improvement works to Breakspear Way / Green Lane roundabout details of which are to be agreed by the LPA and applicant, in consultation with HCC and Highways England, by [insert date] and construction commenced by [insert date].  The works shall be completed prior to occupation of the development hereby permitted.  

·         Traffic Regulation Orders to address signage and speed limit changes in the vicinity of Wood End Lane

·         S278 works to upgrade the Boundary Way / Buncefield Lane link to accommodate vehicular traffic as shown on RPS drawing ref: NK018226-RPS-XX-XX-DR-C-0100-A

 

Maylands Urban Realm Improvements

 

·         Contribution of £13,267.40 towards delivery of urban realm improvements identified on Sheet 22 of the Maylands Business Park Improvements Specification.

·         Contribution of £47,250 towards delivery of urban realm improvements identified on Sheet 23 and 24 of the Maylands Business Park Improvements Specification.

 

Public Open Space

 

·         Provision of Public Open Space as identified on Barry Chinn Associates drawing ref: 1644/16-08 Rev D

·         Commitment to ongoing management and maintenance of the public open space by Prologis in perpetuity

 

Ecology

 

·         Contribution towards delivery of ecological enhancements on land owned by Dacorum Borough Council

·         Provision of management plan 

 

 

and on completion of the completion of the variation to the legal agreement be 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

Notwithstanding the details hereby approved, no development above ground shall take place until samples of the materials proposed to be used on the external walls and roofs of the development shall have been submitted to and approved in writing by the local planning authority.  The samples shall comprise of panels no less than 1.0 sqm. The approved materials shall be used in the implementation of the development.  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:  To ensure a satisfactory appearance to the development and to accord with adopted Core Strategy Policy CS12.

 

 

3

Prior to the commencement of above ground development, 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;

·        means of enclosure;

·        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. Measures shall include hand-carried equipment only for all tree work within protected areas. The use of excavators for stump removal within Root Protection Areas is not permitted;

·        proposed finished levels or contours;

·        car parking layouts and other vehicle and pedestrian access and circulation areas;

·        minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc);

 

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 and to accord with adopted Core Strategy Policy CS12.

 

4

Prior to the commencement of above ground development, details of the surface design of the footpaths hereby permitted shall have been submitted to and approved in writing by the local planning authority.  These details shall include a construction methodology and areas identified on a plan as 'No-dig' areas close to significant site trees. 

 

The footpath works shall be carried out in accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area and to accord with adopted Core Strategy Policy CS12.

 

5

All work shall be carried out in accordance with B.S.3998:2010 "Tree Work  Recommendations".

 

Reason:  To ensure a satisfactory standard of tree work in accordance with the aims of Policy 99 of the Dacorum Borough Local Plan 1991 - 2011.

 

6

Any tree or shrub which forms part of the approved landscaping scheme which 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 tree or shrub of a species, size and maturity to be approved by the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with adopted Core Strategy Policy CS12.

 

7

A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved by the local planning authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area and to accord with adopted Core Strategy Policy CS12.

 

8

Prior to the commencement of any works a Construction Traffic Management Plan which shall incorporate adequate provision for addressing any abnormal wear and tear to the highway shall be submitted to and approved in writing with the Local Planning Authority together with proposals to control and manage construction traffic using the 'Construction Traffic Access Route' and to ensure no other local roads are used by construction traffic. The Construction Traffic Management Plan shall include details of:

a. Construction vehicle numbers, type, routing;

b. Traffic management requirements;

c. Construction and storage compounds (including areas designated for car parking);

d. Siting and details of wheel washing facilities;

e. Cleaning of site entrances, site tracks and the adjacent public highway;

 f. Provision of sufficient on-site parking prior to commencement of construction activities;

g. Post construction restoration/reinstatement of the working areas and temporary access to the public highway.

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way.

 

 

9

During the first year of occupation a Full Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The approved Full Travel Plan shall be implemented in accordance with the timetable and targets contained therein and shall continue to be implemented as long as any part of the development is occupied subject to approved modifications agreed by the Local Planning Authority in consultation with the Highway Authority as part of the annual review.

Reason: To ensure that the development offers a wide range of travel choices to reduce the impact of travel and transport on the environment.

 

 

10

Prior to the commencement of the use hereby permitted, a Framework Servicing and Delivery Plan shall be submitted to and approved in writing with the Local Planning Authority. The Framework Servicing and Delivery plan shall incorporate the servicing arrangements for the use and adequate provision for the storage of delivery vehicles within the site.

Reason: In the interests of maintaining highway efficiency and safety

 

 

11

The proposal shall be carried out in accordance with the access junction arrangements approved on 8th November 2017 under reference 4/02460/17/DRC.

Reason: In the interests of maintaining highway efficiency and safety

 

 

12

The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment carried out by RPS reference RCEF39546-002R dated January 2017, Floor Risk Assessment Addendum reference RCEF55348-001R dated August 2017 and Drainage Philosophy Statement carried out by RPS reference NK018226-RPS-SI-XX-CA-D-0031 A dated 16th August 2017, and the following mitigation measures:

·        Implementing appropriate SuDS measures to include attenuation tank, porous surfacing and attenuation pond.

·        Providing 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.

·        Discharge into Thames Water Sewer restricted to greenfield run-off rate


The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface warter from the site.

 

13

No development shall take place until a detailed surface water drainage scheme for the site based on the approved FRA and sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including 1 in 100 year + climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

The scheme shall also include:

·      Details of how the scheme shall be maintained and managed after completion.

·      Details of the proposed drainage scheme providing a drainage plan showing the location of any proposed SuDS, pipe runs and all areas of proposed informal flooding (including depth and extent).

i.    Detailed engineered drawings of the proposed SuDS features including their size, volume, depth and any inlet and outlet features including any connecting pipe runs.

The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Reason:  To reduce the risk of flooding to the proposed development and future users.

Informative:

For further guidance on HCC’s policies on SuDS, HCC Developers Guide and Checklist and links to national policy and industry best practice guidance please refer to our surface water drainage webpage

http://www.hertfordshire.gov.uk/services/envplan/water/floods/surfacewaterdrainage/ 

 

 

14

Demolition/development shall take place in accordance with the Written Scheme of Investigation for Archaeological Mitigation by CgMs dated March 2017. 

Each phase of the development shall not be occupied until the site investigation has been completed and the provision made for analysis in accordance with the programme set out in the Written Scheme of Investigation. The final phase of development shall not be occupied until the site investigation has been completed and the provision made for analysis in accordance with the programme set out in the Written Scheme of Investigation and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

Reason: For the avoidance of doubt.

 

15

The development hereby approved shall be carried out in accordance with the Site Waste Management Plan approved bythe local planning authority on 13th November 2017 under reference 4/02463/17/DRC.

Reason:  To ensure the sustainable construction in the development of the site in accordance with Policies CS29 of the Dacorum Core Strategy.

 

INFORMATIVE:

 

Waste Policy 12: Sustainable Design, Construction and Demolition requires all relevant construction projects to be supported by a Site Waste Management Plan (SWMP). This aims to reduce the amount of waste produced on site and should contain information including types of waste removed from the site and where that waste is being taken to. 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

 

16

The development hereby permitted shall be carried out in accordance with the approved sustainability and energy statement submitted by Turley Sustainability dated December 2016. 

 

Reason:  To ensure the sustainable development of the site in accordance with Policies CS28, CS29 and CS31 of the Dacorum Core Strategy.

 

17

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.  

 

 

18

All remediation or protection measures identified in the Remediation Statement referred to in Condition 17 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.  

 

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 

 

 

19

The development shall be constructed fully in accordance with the construction phase mitigation measures, as detailed within Section 7, sub-section 7.2 (pages 29 and 30) of the Air Quality Assessment; Project No. JAP9002; Revision: 4; RPS; 18 August 2017.

Reason: To safeguard the local environment in terms of air quality in accordance with Policy CS32 of Dacorum Core Strategy and to accord with section 7, subsection 7.2 of the following document: Air Quality Assessment; Project No. JAP9002; Revision: 4; RPS; 18 August 2017.

 

20

The noise mitigation measures outlined in Paragraphs 4.13 and 4.14 (pages 8 and 9) of the Noise and Vibration Assessment  Project No. JAE9001; Revision: 3; RPS; 18 August 2017 shall be implemented prior to the occupation of the development.

Reason: To safeguard the local environment in accordance with Policy CS12 of Dacorum Core Strategy.

 

 

21

Noise from industrial processes and plant within the development shall not exceed a rating level of 43 dB LArTr during any 1 hour period of the daytime 07:00 to 23:00 hours (i.e. 5 dB below the representative daytime baseline noise levels of 48 dB LA90); nor exceed a rating level of 38 dB LArTr during any 15 minute period of the night-time 23:00 to 07:00 hours (i.e. 5 dB below the representative night-time baseline noise levels of 43 dB LA90). Rating levels should be determined in accordance with BS 4142:2014 and assessed at a free-field location representative of the nearest residential properties to the site.

 

Reason: To safeguard the local environment in accordance with Policy CS12 of Dacorum Core Strategy.

 

22

The development hereby permitted shall be carried out in accordance with the Reptile Report approved on 10th November 2017 under reference 4/02539/17/DRC.

Reason: To avoid harming reptiles which may potentially be present and to accord with adopted Core Strategy Policy CS26.

 

 

23

No above ground development shall take place until a scheme has been submitted to and approved in writing by the local planning authority for the provision of a fire hydrant(s) to serve the development. The development shall not be occupied until the approved scheme of fire hydrant(s) has been installed.

 

Reason: To ensure water supplies are provided to adequately serve the site in accordance with BS 9999.

 

24

No part of the development hereby permitted shall be occupied prior to the implementation of the public footpath / cycleway as shown on Drawing No. 30830-PL-220A.

 

Reason: To ensure public right of way access is maintained in accordance with adopted Core Strategy Policy CS8.

 

25

Details of any lighting shall be submitted to and approved in writing by the local planning authority before the buildings are occupied.  Development shall be carried out in accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area and to accord with adopted Core Strategy Policy CS12.

 

26

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

 

30830-PL-220A;

30830-PL-201;

30830-PL-202;

30830-PL-203A;

30830-PL-221;

30830-PL-205;

30830-PL-206;

30830-PL-207;

30830-PL-208;

30830-PL-209A;

30830-PL-223A;

30830-PL-211A;

30830-PL-212;

30830-PL-214;

30830-PL-215;

30830-PL-216;

30830-PL-217C;

30830-PL-219A;

1644/16-07 07 O;

1644/16-07 08 E;

1644/16-07 11 L;

1644/16-04-05 06 04;

1644/16-04-05 06 05;

1644/16-04-05 06 06;

NK018226-RPS-Y-XX-DR-X-SK0265;

NK018226-RPS-SI-XX-DR-X-SK0300;

NK018226-RPS-SI-XX-DR-X-SK0602 Rev C;

MJA-P105-4447-C;

MJA-P105-4447-D.

 

 

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

 

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.  

 

Supporting documents: