Agenda item

1.    The development hereby permitted shall be constructed in accordance with the materials approved under application references 4/01359/17/DRC,  4/03062/17/NMA and 4/03323/17/NMA.

Reason: To safeguard the character and appearance of the Locally Listed Buildings, in the interests of the visual amenities of the Conservation Area and to ensure a satisfactory appearance to the development, in accordance with Core Strategy (2013) Policies CS12 and CS27.

2.    Within 30 days of the commencement of development to number 11 High Street details of the insulation, render and finish and timber framing and finish shall be submitted to and approved in writing by the Local Planning Authority, and the work shall then be carried out in accordance with the details so approved

Reason: To safeguard the character and appearance of the Locally Listed Building, in the interests of the visual amenities of the Conservation Area and to ensure a satisfactory appearance to the development, in accordance with Core Strategy (2013) Policies CS12 and CS27.

3.    All hard and soft landscape works shall be carried out in accordance with the details approved under application references 4/01359/17/DRC,  4/03062/17/NMA and 4/03323/17/NMA.
The works shall be carried out prior to the occupation of any part of the development or in accordance with a programme agreed with 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 Core Strategy (2013) Policies CS12 and CS27.

4.    The approved scheme shall continue accord with the Construction Management Plan entitled Construction Management & Logistics Plan, Project: 015065, Rev A Issued 22/06/17, approved under application reference 4/00948/17/DRC.

Reason: In the interests of maintaining highway efficiency and safety and pedestrian safety in accordance with policy CS8 of the adopted Core Strategy and 'saved' policy 61 of the Local Plan.

5.    Prior to the first occupation of the development hereby permitted a visibility splay measuring 2.0m x 2.0m shall be provided to each side of the vehicle accesses where they meet the highway and such splays shall thereafter be maintained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

Reason: In the interests of highway safety and in accordance with Core Strategy (2013) Policy CS8 and Policy 58 of the Local Plan (2004).

6.    (a) Implementation of Approved Remediation Scheme

The development hereby approved shall continue to accord with the remediation scheme approved under application reference 4/00948/17/DRC.

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

(b) Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Condition 6(a) of planning permission reference 4/01895/15/MFA, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Condition 6(b) of permission reference 4/01895/15/MFA, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with Condition (a) above.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Core Strategy (2013) Policy CS32.

INFORMATIVE:

Contaminated Land Planning Guidance can be obtained from Regulatory Services or via the Council's website www.dacorum.gov.uk

7.    No development shall take place to the existing buildings known as 9, 11 and 13 High Street until an updated Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The addendum to the Written Scheme of Investigation shall include the methodology of archaeological recording of all interventions to the fabric of 9, 11 and 13 High Street in areas where renovation and conversion works might reveal additional information relating to the development of the buildings, and for the purpose of recording any original historic features that may be exposed. This will include any structural interventions, soft stripping and the removal of floors. The scheme shall include an assessment of significance and research questions; and:

1. The programme and methodology of site investigation and recording

2. The programme for post investigation assessment

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

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

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

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

Reason: In order to ensure investigation and preservation of archaeological findings in accordance with Core Strategy (2013) Policy CS27.

8. a) Development shall take place in accordance with the Written Scheme of Investigation approved under Condition 7.

b) 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 7 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

Reason: In order to ensure investigation and preservation of archaeological findings in accordance with Core Strategy (2013) Policy CS27.

9.    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 to 9, 11 and 13 High Street, Berkhamsted

Schedule 2, Part 1, Classes A and E.

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 adopted Core Strategy.

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

EL (P) 01 rev H

EL (P) 02 rev B

Pr 04 rev C

Pr 05 rev B

2724.P.310 Rev C

2724.P.311 Rev G

2724.P.312 Rev G

2724.P.313 Rev E

2724.P.314 Rev F

2724.P.315 Rev M

2724.P.316 Rev F

2724.P.318 Rev D

2724.P.319 Rev D

Reason: For the avoidance of doubt and in the interests of proper planning, in accordance with Core Strategy (2013) Policy CS12.

Article 35

Planning permission has been granted for this proposal. The Council acted pro-actively through early engagement with the applicant at the pre-application stage 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) Order 2015 (as amended).

INFORMATIVES

Environment Agency

1. Approved Document Part H of the Building Regulations 2000 establishes a hierarchy for surface water disposal, which encourages a SuDS approach. Under Approved Document Part H the first option for surface water disposal should be the use of SuDS, which encourages infiltration such as soakaways or infiltration trenches. In all cases, it should be established that these options are feasible, can be adopted and properly maintained and would not lead to any other environmental problems. For example, using soakaways or other infiltration methods on contaminated land carries groundwater pollution risks and may not work in areas with a high water table. Where the intention is to dispose to soakaway, these should be shown to work through an appropriate assessment carried out under Building Research Establishment (BRE) Digest 365.

The CL:AIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste. Under the Code of Practice:

o Excavated materials that are recovered via a treatment operation can be re-used on-site providing they are treated to a standard such that they are fit for purpose and unlikely to cause pollution

o Treated materials can be transferred between sites as part of a hub and cluster project

o Some naturally occurring clean material can be transferred directly between sites.

You should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, you should contact us for advice at an early stage to avoid any delays. We recommend you should:

o Position statement on the Definition of Waste: Development Industry Code of Practice

o Follow the risk management framework provided in CLR11, 'Model Procedures for the Management of Land Contamination', when dealing with land affected by contamination.

o Refer to our 'Guiding Principles for land contamination' for the type of information that we require in order to assess risks to controlled waters from the site.

Ecology

2. Works to the existing roof structures of 9, 11 and 13 High Street should proceed with caution and in the event of bats or evidence of them being found, work must stop immediately and advice sought on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England - tel: 0300 060 3900.