Agenda item

I Keen introduced the item to members and said it had been referred to committee as this was a major proposal affecting land which the Borough Council has an interest.

Councillor Matthews arrived at 7.10pm

Gill Worgan spoke in support of the application.

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

Vote

For: 10                         Against: 0                    Abstained: 0

Resolved

That planning permission be DELEGATED to the Group Manager, Development Management with a view to approval subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 and the expiry of the final notification.

 

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

 

Review to provide a comparison between the costs incurred by the College in delivering the proposed education building to an agreed specification and the funding sources identified in West Herts College's business plan, with the aim of identifying whether a surplus has been obtained.

 

In the event of a surplus being declared this shall be split between the College and the Council subject to a payment cap based on policy compliant affordable housing provision.

 

And subject to 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. Installation of the external surfaces of the development hereby permitted shall not take place until details of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.  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 in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

 

3. The development hereby permitted shall not be occupied until 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;

·         boundary treatments including 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;

·         proposed finished levels or contours;

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

·         proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc);

·         retained historic landscape features and proposals for restoration, where relevant;

·         a Landscape Management Plan to incorporate details of maintenance regimes, including any tree management objectives, details of any new habitat created on site and habitat improvement proposals and management responsibilities.

 

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 in accordance with Policy CS12 of the Dacorum Core Strategy 2013 and to ensure the protection of wildlife and supporting habitat and secure opportunities for the enhancement of the nature conservation value of the site in accordance with Policy CS29 of the Dacorum Core Strategy 2013.

 

4.  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 Policy CS12 of the Dacorum Core Strategy 2013.

 

5. Where development shall extend into the Root Protection Areas of trees proposed for retention within the approved Arboricultural Impact Assessment (reference 180220-1.1-WHC2-AIA-MS dated 26 February 2018), development within the identified Root Protection Areas shall not commence until details of an alternative foundation design in these locations has been submitted for approval in writing by the local planning authority.  The development shall be carried out in accordance with the approved details.

 

Reason:  To ensure the satisfactory protection of significant landscape features in accordance with Policy CS12 of the Dacorum Core Strategy 2013 and saved Policy 99 of the Dacorum Borough Local Plan 1991-2011.

 

6. The development hereby permitted shall not commence (with the exception of enabling works required to provide full access to the site to allow for further site investigation including demolition where required), a Remediation Strategy to deal with the risks associated with contamination of the site shall be submitted for approval in writing by the local planning authority.  This Strategy shall include the following components:

 

1. A preliminary risk assessment which has identified:

·         All previous uses;

·         Potential contaminants associated with those uses;

·         A conceptual model of the site indicating sources, pathways and receptors; and

·         Potentially unacceptable risks arising from contamination at the site.

 

2. A site investigation scheme, based on the preliminary risk assessment above to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.

 

3. The results of the site investigation and the detailed risk assessment referred to in the site investigation scheme above and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy above are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

The scheme shall be implemented in accordance with the approved details.

 

Reason:  To ensure that the development is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution in line with paragraph 109 of the National Planning Policy Framework and Policies CS31 and CS32 of the Dacorum Core Strategy 2013.

 

7. The development hereby permitted shall not commence (with the exception of enabling works required to provide full access to the site to allow for further site investigation including demolition where required), a Verification Report demonstrating the completion of works set out in the approved Remediation Strategy under Condition 6 above and the effectiveness of remediation shall be submitted for approval in writing by the local planning authority.  The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

 

Reason:  To ensure that the site does not pose any further risk to human health or the water environment in accordance with paragraph 109 of the National Planning Policy Framework and Policies CS31 and CS32 of the Dacorum Core Strategy 2013.

 

8. In the event that contamination not previously identified is found to be present at the site during development, 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 shall be dealt with has been submitted for approval in writing by the local planning authority.  The remediation strategy shall be implemented as approved.

 

Reason:  To ensure that the site does not pose any further risk to human health or the water environment in accordance with paragraph 109 of the National Planning Policy Framework and Policies CS31 and CS32 of the Dacorum Core Strategy 2013.

 

9. Piling and other deep foundations or intrusive groundworks using penetrative methods shall not be carried out other than with the written consent of the local planning authority.  The development shall be carried out in accordance with the approved details.

 

Reason:  To ensure that the proposed use of CFA piles does not harm groundwater resources in accordance with paragraph 109 of the National Planning Policy Framework.

 

10. The development hereby permitted shall not be occupied before further details in the form of scaled plans and written specifications are submitted for approval by the local planning authority, which shall illustrate the following:

 

·         Roads and footways;

·         Existing and proposed access arrangements including visibility splays;

·         Parking layout and provision of cycle parking;

·         Servicing areas, loading areas and turning areas for all vehicles;

·         Provision of fire hydrants.

 

Reason:  In the interests of maintaining highway efficiency and safety in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy 2013 and saved Policies 51, 54 and 58 of the Dacorum Borough Local Plan 1991-2011.

 

11. In the event any boreholes are installed for the investigation of soils, groundwater or geotechnical purposes, a scheme for their management shall be submitted for approval in writing by the local planning authority.  The scheme shall provide details of how redundant boreholes are to be decommissioned and how any boreholes that need to be retained post-development, for monitoring purposes shall be secured, protected and inspected.  The scheme as approved shall be implemented prior to the occupation of any part of the development hereby approved.

 

Reason:  To avoid groundwater pollution or loss of water supplies in accordance with paragraph 109 of the National Planning Policy Framework and Policies CS31 and CS32 of the Dacorum Core Strategy 2013.

 

12. The development hereby approved shall be carried out in accordance with the Drainage Strategy Statement by GHD (reference 12500267-GHD-RP-C-2005 Rev P02, dated February 2018) and the following mitigation measures:

 

1. Undertaking appropriate drainage strategy based on attenuation and discharge into River Gade at 5l/s;

2.  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 + 40% climate change event;

3.  Implementing drainage strategy including green roof, permeable paving and detention basin as indicated on the Preliminary Drainage Layout Phase 2 GHD 12500267-GHD-DR-C-5601 Rev P03.

 

Reason:  To prevent flooding by ensuring the satisfactory storage / disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy 2013.

 

13. No development (excluding ground works) shall take place until the final design of the drainage scheme has been submitted for approval in writing by the local planning authority.  The surface water drainage system will be based on the submitted Drainage Strategy Statement by GHD (reference 12500267-GHD-RP-C-2005 Rev P02, dated February 2018).

 

The scheme shall also include:

 

1.  Detailed engineering 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.  The plan should show any pipe ‘node numbers’ that have been referred to in network calculations and it should also show invert and cover levels of manholes.

2.  Details regarding any areas of informal flooding (events those exceeding 1 in 30 year rainfall event), this should be shown on a plan with estimated extents and depths.

3.  Details of final exceedance routes, including those for an event which exceeds to 1:100 + climate change rainfall event.

4.  Sewage pipe specifications and any off-site drainage works.

 

Development shall be carried out in accordance with the approved details and no discharge of foul or surface water from the site shall be accepted into the public system before the completion of the approved drainage works.

 

Reason:  To prevent flooding by ensuring the satisfactory storage / disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants, to prevent harm to groundwater resources, and to ensure that sufficient capacity is made available to cope with the development in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy 2013.

 

14. Upon completion of the approved drainage works under Condition 13 above, a management and maintenance plan for the SuDS features and drainage network must be submitted for approval in writing by the local planning authority.  The scheme shall include maintenance and operational activities; arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

Reason:  To prevent flooding by ensuring the satisfactory storage / disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy 2013.

 

15. The development hereby permitted shall be carried out in accordance with the recommendations set out in the submitted Preliminary Ecological Appraisal.  Demolition of buildings shall not commence before details of the location, number and type of bird and bat boxes shall be submitted and approved by the local planning authority together with timeframes of their installation to ensure adequate compensation is available prior to commencement of works affecting roost sites.  The bird and bat boxes shall be installed in accordance with the approved details and agreed timeframes.

 

Reason:  In the interests of biodiversity and in accordance with Policy CS29 of the Dacorum Core Strategy 2013.

 

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

 

Location Plan - 50188-IBI-WS-XX-PL-A-100-0007 Rev 3

Proposed site plan/ External works - SL-IBI-WS-XX-PL-L-700-0001 Rev D

 

Proposed floor plans:

Ground Floor - 50188-IBI-XX-00-PL-A-200-0100 Rev 7

First Floor - 50188-IBI-XX-00-PL-A-200-0101 Rev 6

 

Proposed elevations:

50188-IBI-XX-ZZ-EL-A-200-1100 Rev 4

50188-IBI-XX-ZZ-EL-A-200-1101 Rev 4

 

Proposed sections:

50188-IBI-XX-ZZ-SE-A-200-1200

50188-IBI-XX-ZZ-SE-A-200-1201

50188-IBI-XX-ZZ-SE-A-200-1202

50188-IBI-XX-ZZ-SE-A-200-1203

 

Proposed roof plans 50188-IBI-XX-RF-PL-A-241-0900 Rev 3

Proposed cycle store location SL-IBI-WS-XX-SK-L-700-0001Rev B

Western Boundary Details – SL-IBI-WS-XX-DT-L-721-0002 Rev B

CCTV Plan 100358-E-EXT-270 Rev A

Car Park Lighting Layout 100-E-EXT-230 Rev B

 

Planning, Heritage, Design and Access Statement 50188 P,H,DAS, February 2018;

Sustainable Development Checklist, 15 February 2018;

Flood Risk and Drainage Strategy Statement 12500267-GHD-RP-C-2005 Rev P02 February 2018;

Preliminary Drainage Layout 12500267-GHD-DR-C-5601 Rev P03;

Proposed Levels 12500267-GHD-DR-C-5603 Rev P03;

Groundwater Protection Details 12500267-GHD-SK-9010 Rev P01;

Groundwater Protection Preliminary Mitigation Statement GHD-RP-C-2003 Rev 2.0;

Assessment of Risks to Public Water Supply Boreholes AG2710-17-AD95 Issue 1 dated February 2018;

Environmental Noise Survey Report 20511-ENS1 dated 4 January 2018;

Arboricultural Impact Assessment 180220-1.1-WHC2-AIA-MS dated 26 February 2018;

Transport Statement X/WHCDacorum.1 Rev V2 February 2018;

Dacorum Campus Phase 1 Travel Plan Version 2 dated 15 February 2015;

Travel Plan Monitoring Report 2017/2018;

Construction Management Plan February 2018 Issue 2;

Archaeology Desk Based Assessment Appendix J.2 Report 4176 October 2012 and Appendices Appendix J.1 Figures 15.1-15.10;

Archaeological Trial Trench Evaluation Report Appendix J3 Report 3673 October 2010;

Phase 1 Risk Assessment and Phase 2 Ground Investigation AG2710-17-AD27 December 2017;

Preliminary Ecological Appraisal Version 2 dated 6 November 2017;

External Lighting Calculations Summary 100358-E-R001 Rev 0 dated 19 February 2018.

 

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

 

Article 35

 

Planning permission has been granted for this proposal.  The Council acted proactively through positive engagement with the applicant during the pre-application stage and progressing the scheme throughout the determination stage which led to improvements to the scheme and working towards the delivery of a strategically important development.  The Council has therefore acted proactively 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) Order 2015.