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.

Gill Worgan spoke in support of the application.

Councillor Birnie asked if a condition could be added to restrict the height of the building to seven storeys

It was proposed by Councillor Maddern and seconded by Councillor Riddick to grant the application in line with the officer’s recommendation and with the additional conditions regarding the height of the building.

Vote

For: 10                         Against: 0                    Abstained: 0

Resolved:

That planning permission be DELEGATED to the Group Manger, 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 period.

 

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

 

Restriction that the developer of the residential scheme on the application site would not be permitted to implement the planning permission until such time that the College has entered into an irrevocable construction contract for the delivery of the education building under 4/00473/18/MFA.

 

And subject to the following conditions:

1. Approval of the details of the siting, scale, design and external appearance of the building and the layout and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced.

 

Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

 

2. Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

 

Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

 

3. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved.

 

Reason:  To prevent the accumulation of planning permission; to enable the Council to review the suitability of the development in the light of altered circumstances and to comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

 

4. 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.

 

5. 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 and buffers around water bodies;

·         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 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.

 

6.  No development shall commence before a plan showing trees to be retained and measures for their protection for the duration of site works and construction of the development hereby approved has been submitted for approval in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

Reason:  To ensure the protection of significant landscape features in accordance with Policies CS12 and CS29 of the Dacorum Core Strategy 2013 and saved Policy 99 of the Dacorum Borough Local Plan 1991-2011.

 

7.  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.

 

8.  The details to be submitted for approval in writing by the local planning authority in accordance with Condition 1 above shall include details of the proposed slab, finished floor and ridge levels of the building(s) in relation to the existing and proposed levels of the site and the surrounding land including the River Gade and Dacorum Way.  The building(s) hereby approved shall not exceed seven (7) storeys.  The building(s) shall be constructed in accordance with the levels that have been approved in writing by the local planning authority.

 

Reason:  For the avoidance of doubt and to ensure a satisfactory form of development in accordance with Policies, CS10, CS11 and CS12 of the Dacorum Core Strategy 2013 and saved Policy 111 of the Dacorum Borough Local Plan 1991-2011.

 

9. No development (including demolition) shall take place until a Site Waste Management Plan has been submitted to and approved in writing by the local planning authority.  This shall include information on the types of waste removed from the site and the location of its disposal.  The development shall be carried out in accordance with the approved details.

 

Reason:  To reduce the amount of waste produced on the site in accordance with Hertfordshire County Council Waste Core Strategy and Development Management Policies Development Plan Document 2012 which forms part of the Development Plan.

 

10. 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.

 

11. 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 10 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.

 

12. 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.

 

13. 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.

 

14. Construction of the development hereby permitted shall not commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the local planning authority.  Thereafter, the construction of the development, including all demolition works and piling shall only be carried out in accordance with the approved Plan.  The Plan shall include details of:

 

a. Construction vehicle numbers, type and 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 the interests of highway safety and rights of way in accordance with Policy CS8 of the Dacorum Core Strategy 2013 and saved Policies 51 and 54 of the Dacorum Borough Local Plan 1991-2011.

 

15. 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.

 

Development shall be carried out in accordance with the approved details.

 

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.

 

16. The development hereby permitted shall not be occupied before a Travel Plan has been submitted and approved by the local planning authority.  The Travel Plan shall have regard to Hertfordshire’s Travel Plan Guidance and development shall be carried out in accordance with the approved details.

 

Reason:  To promote sustainable transport measures to the development in accordance with Policy CS29 of the Dacorum Core Strategy 2013.

 

17. The development hereby permitted shall not be occupied before swept path assessments have been submitted for approval by the local planning authority.  These shall include details showing:

 

·         A refuse vehicle can safely manoeuvre through the site access, enter the site, manoeuvre within and depart in a forward gear;

·         A large car can safely enter and depart the proposed car parking spaces;

·         Emergency vehicles (including fire) can safely enter, manoeuvre within and depart the site in a forward gear.

 

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

 

18. The development hereby permitted shall not be occupied before a Car and Cycle Parking Management Plan has been submitted for approval in writing by the local planning authority, including the following:

 

·         Details of car parking allocation and distribution;

·         Methods to minimise on-street car parking;

·         A scheme for the provision and parking of cycles.

 

The Plan shall be fully implemented before the development is first occupied or brought into use and thereafter retained for this purpose.

 

Reason:  In the interests of highway safety and to ensure sufficient available on-site car and cycle parking and in the interests of encouraging the use of sustainable modes of transport in accordance with Policies CS8, CS12 and CS29 of the Dacorum Core Strategy 2013 and saved Policy 58 of the Dacorum Borough Local Plan 1991-2011.

 

19. The development hereby permitted shall not be occupied before a Servicing and Delivery Plan has been submitted for approval in writing by the local planning authority.  This Plan shall contain details of 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.

 

Reason:  In the interests of highway safety in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy 2013.

 

20. The development hereby approved shall be carried out in accordance with the Drainage Strategy Statement by GHD (reference 12500267-GHD-RP-C-2006 Rev P01, dated January 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 Plot B reference 12500267-GHD-DR-C-5602 Rev P02.

 

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.

 

21. 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-2006 Rev P01, dated January 2018).

 

The scheme shall also include:

 

1. Full detailed engineering drawings including cross and long sections, location, size, volume, depth and any inlet and outlet features.  This should be supported by a clearly labelled drainage layout plan showing pipe networks.  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.

 

22. Upon completion of the approved drainage works under Condition 21 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.

 

23. 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.

 

24. Prior to the construction of the building hereby permitted, an Air Quality Report assessing the impacts of the proposed redevelopment shall be submitted for approval in writing by the local planning authority.  The Report shall have regard to the Environment Act 1995, Air Quality Regulations and subsequent guidance.  The Report shall also indicate areas where there are, or likely to be, breaches of an air quality objective noting the site's location within close proximity of an area designated as an Air Quality Management Area.  If there are predicted exceedances in exposure to levels above the Air Quality objectives then a proposal for possible mitigation measures shall be included.

 

Reason:  To satisfactorily address air quality matters arising from the development in accordance with Policies CS8 and CS32 of the Dacorum Core Strategy 2013.

 

25. 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.

 

26. There shall be no light spill from external artificial lighting into the watercourse or adjacent river corridor habitat.  To achieve this, the specifications, location and direction of external artificial light should be such that the lighting levels within 8 metres of the top of the bank of the watercourse are maintained at background levels (Lux level of 0-2).

 

Reason:  To protect the adjacent river corridor habitat in accordance with Policy CS29 of the Dacorum Core Strategy 2013.

 

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

Location Plan 50188-IBI-WS-XX-PL-A-100-0006 Rev 02;

Access Arrangement Plan X/WHCDacorum.1/03;

Planning, Heritage, Design and Access Statement 51107 P,H,DAS, Feb 2018;

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

Preliminary Ecological Appraisal Version 2, 6 November 2017;

Phase 1 Risk Assessment and Phase 2 Ground Investigation AG27-10-17-AD25, Issue 1, November 2017;

Drainage Strategy Statement 12500267-GHD-RP-C-2006 Rev P01, January 2018;

Preliminary Drainage Layout Plan 12500267-GHD-DR-C-5602 Rev P02;

Groundwater Protection Details 12500567-GHD-SK-C-9010 Rev P01;

Ground water Protection Preliminary Mitigation Statement 12500267 GHD-RP-C-2004 Rev 2.0;

Assessment of Risks to Public Water Supply Boreholes AG27-10-17-AD95, Issue 1, Feb 2018;

Archaeological desk-based Assessment and Appendices and Archaeological Trial Trench Evaluation Report, Appendix J.2 Report 4176 October 2012, Appendix J.1 Figures 15.1-15.10, Appendix J3 Report 3673 October 2010.

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 which led to improvements to the scheme.  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.