Agenda item

4/02553/17/MFA - CHANGE OF USE FROM AGRICULTURAL LAND TO CEMETERY, TO INCLUDE VISITOR ADMINISTRATION BUILDINGS, ROAD AND PATHWAYS, CAR PARKING AND LANDSCAPING - LAND SOUTH WEST, BEDMOND ROAD, HEMEL HEMPSTEAD, HP3 8LN

Minutes:

B Curtain introduced the item and said it had been referred to committee as the land is owned by Dacorum Borough Council.

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

Vote

For: 9               Against: 0                    Abstained: 1

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 constructed in accordance with the materials specified on the approved drawings.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policy Cs12 of the Core Strategy.

 

 

3

All burials in the cemetery shall be:

a minimum of 50 m from a potable groundwater supply source;

a minimum of 30 m from a water course or spring;

a minimum of 10 m distance from field drains; and

not in standing water and the base of the grave must be above the local water table.

 

Reasons To protect the quality of groundwater in the local area. Groundwater is particularly sensitive in this location because the proposed development site is within Source Protection Zone 3, meaning it is used for drinking water supplies, and is located upon a Principal Aquifer. In addition, the Thames River Basin Management Plan requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery; without this condition, the proposal could cause deterioration of a drinking water protected area located within the Mid-Chilterns Chalk groundwater body.

This is in line with your Local Plan policy CS31 to avoid damage to Groundwater Source Protection Zones, and also paragraph 109 of the National Planning Policy Framework to prevent unacceptable risks to groundwater resources.

 

Advice on Condition 1

The developer should conduct a protected rights survey to ensure that no licensed or unlicensed groundwater abstraction (to include abstractions from springs, wells and boreholes) in the adjacent areas will be derogated in either quality or quantity as a result of this development. The Environment Agency does not keep records of where private water supplies are located. These details are held by local authorities and the Drinking Water Inspectorate.

 

 

 

4

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall be implemented as approved.

 

Reasons; To protect the quality of groundwater in the local area as no investigation can completely characterise a site. Groundwater is particularly sensitive in this location because the proposed development site is within Source Protection Zone 3, meaning it is used for drinking water supplies, and is located upon a Principal Aquifer. In addition, the Thames River Basin Management Plan requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery; without this condition, the proposal could cause deterioration of a drinking water protected area located within the Mid-Chilterns Chalk groundwater body. This is in line with your Local Plan policy CS31 to avoid damage to Groundwater Source Protection Zones, and also paragraph 109 of the National Planning Policy Framework to prevent unacceptable risks to groundwater resources

 

5

The development hereby permitted may not commence until such time as a scheme to agree both surface water drainage and the management of any effluent generated by the proposed welfare facilities has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

 

Reasons To ensure that the proposed surface water drainage and the management of any effluent generated by the proposed welfare facilities does not harm groundwater resources. Groundwater is particularly sensitive in this location because the proposed development site is within Source Protection Zone 3, meaning it is used for drinking water supplies, and is located upon a Principal Aquifer. In addition, the Thames River Basin Management Plan requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery; without this condition, the proposal could cause deterioration of a drinking water protected area located within the Mid-Chilterns Chalk groundwater body.

This is in line with your Local Plan policy CS31 to avoid damage to Groundwater Source Protection Zones, and also paragraph 109 of the National Planning Policy Framework to prevent unacceptable risks to groundwater resources.

 

 

6

No development shall commence until a Construction Management Plan has been submitted to and approved in writing by the local planning authority. The plan should consider all phases of the development including any excavation works required and the construction phase of the development. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan. 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;

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

g. Timing of construction activities to avoid school pick up/drop off times;

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

i. 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.

 

 

7

Prior to commencement of the development, the applicant shall submit a Servicing and Delivery Plan. This plan is to be submitted and approved in writing by the Local Planning Authority. The Servicing and Delivery Plan shall contain the delivery and servicing requirements (including refuse collection) for the proposed use, a scheme for coordinating deliveries and servicing for the proposed development, areas within the development site that will be used for loading and manoeuvring of delivery and servicing vehicles, and access to / from the site for delivery and servicing vehicles (including swept path drawings). As part of the servicing and delivery plan, the applicant will need to highlight how refuse collection will be undertaken as there is a height restriction over the existing access which may prevent refuse vehicles from entering the site. Details on the arrangements, including any proposals to relocate the height restriction, should be provided.

 

Reason: In the interest of maintaining highway efficiency and safety.

 

Reason: In order to protect highway safety and the amenity of users of the site.

 

 

8

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.  

 

 

9

All remediation or protection measures identified in the Remediation Statement referred to in Condition 8 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 

 

 

10

No development shall take place/commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: www.hertfordshire.gov.uk

 

1. The programme and methodology of site investigation and recording;

2. The programme and methodology of site investigation and recording as suggested by the archaeological evaluation;

3. The programme for post investigation assessment;

4. Provision to be made for analysis of the site investigation and recording;

5. Provision to be made for publication and dissemination of the analysis and records of the site investigation;

6. Provision to be made for archive deposition of the analysis and records of the site investigation;

7. Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.

 

Reason:  To ensure that reasonable facilities are made available to record archaeological evidence and to ensure no adverse archaeological implications in accordance with Policy CS27 of the Dacorum Core Strategy.

 

11

i) Development shall take place in accordance with the Written Scheme of Investigation approved under condition (10).

ii) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 10 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

 

Reason:  To ensure that reasonable facilities are made available to record archaeological evidence and to ensure no adverse archaeological implications in accordance with Policy CS27 of the Dacorum Core Strategy.

 

12

All soft landscape works shall be carried out in accordance with the approved details.   Notwithstanding the submitted landscaping plans all trees should be protected prior to any works on site. Protection should be place before any site equipment is delivered and unloaded, and before any ground works take place. The British Standard BS5837:2012 must be adhered to. All tree planting should conform with British Standard 8545:2014 ‘Trees: from nursery to independence in the landscape – Recommendations’.  The works shall be carried out prior to the first use of the site.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area.

 

 

13

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. 

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area.

 

14

No development shall take place until full details of hard 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, including height restriction barriers and security fencing;

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

·        minor artefacts and structures (e.g. signs, lighting, cctv etc);

 

The approved landscape works shall be carried out prior to the first use of the site hereby permitted.

               

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area.

 

15

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

 

HERITAGE STATEMENT

DESIGN AND ACCESS STATEMENT

SHEET 1 OF 2 TOPOGRAPHIC SURVEY

SHEET 2 OF 2 TOPOGRAPHIC SURVEY

CDS_BED_DCR_02_01

CDS_BED_DCR_06_01

CDS_BED_DCR_08_03

CDS_BED_DCR_03 REV 07

CDS_BED_DCR_11 REV 01

CDS_BED_DCR_12

VISUAL IMAPCT ASSESSMENT

TRANSPORT STATEMENT

LANDSCAPE AND ECOLOGY STATEMENT

EXTENDED PHASE 1 HABITAT SURVEY

SUSTAINABILITY STATEMENT

FLOOD RISK ASSESSMENT

 

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

 

Supporting documents: