Minutes:
A Harman introduced the item to members and advised that the item had been referred to committee due to the contrary views of Tring Town Council.
In his role as ward councillor, Councillor Hicks spoke in objection of the application.
Karen Whitby and Angela Kellett spoke in objection to the application.
Duncan Gibson spoke in support of the application
It was proposed by Councillor Birnie and seconded by Councillor Mills to grant the application in line with the officer’s recommendation.
Vote
For: 6 Against: 4 Abstained: 1
Resolved
That the application be DELEGATED to the Group Manager, Development Management and Planning, following the expiry of the consultation period and no additional material considerations being raised, with a view to grant with 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 carried out in accordance with the following approved plans/documents:
3220/222 E 3220/221 D 3220 / 220 D 3220/225 D
Reason: For the avoidance of doubt and in the interests of proper planning. |
3 |
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 Adopted Core Strategy CS12
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4 |
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (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 without the prior written approval of the local planning authority:
Schedule 2 Part 1 Classes A, B, C, D, E, F, G and H Part 2 Classes A, B and C.
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 Adopted Core Strategy CS12 |
5 |
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. |
6 |
All remediation or protection measures identified in the Remediation Statement referred to in Condition (5) 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
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7 |
The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment carried out by CEC reference 5237 dated March 2018 Issue 4, submitted and the following mitigation measures detailed within the FRA: 1. 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. www.hertfordshire.gov.uk 2. Limiting the surface water run-off generated by the 1 in 100 year + climate change critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site. 3. Undertaking appropriate drainage strategy based on infiltration or attenuation and discharge into Thames surface water sewer restricted at 0.5l/s for all events up to and including the 1 in 100 year + climate change event.
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. |
8 |
No development shall take place until the final design of the drainage scheme is completed and sent to the LPA for approval. The surface water drainage system will be based on the submitted Flood Risk Assessment carried out by CEC reference 5237 dated March 2018 Issue 4. The scheme shall also include; 1. Infiltration tests carried in accordance with BRE Digest 365, If infiltration is not feasible then the alternative discharge mechanism based on attenuation and discharge into Thames surface water sewer at 0.5l/s should be provided. 2. Full detailed engineering drawings of all SuDS features 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. 3. All calculations/modelling and drain down times for all storage features. 4. Exploration of opportunities for above ground features such as permeable paving to reduce the requirement for any underground storage and silt traps for protection for any residual tanked elements. 5. 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. 6. Details of final exceedance routes, including those for an event which exceeds to 1:100 + cc rainfall event.
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.
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9 |
Before the premises are occupied all on site vehicular areas shall be surfaced in a manner to the Local Planning Authority's approval so as to ensure satisfactory parking of vehicles outside highway limits. Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway. Reason: In order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises. 10. No part of the development shall begin until the means of access has been altered in accordance with the approved drawing and constructed in accordance with “Roads in Hertfordshire A Guide for New developments”. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the access. 11. Development shall not commence until a scheme detailing provision for onsite parking for construction workers for the duration of the construction period has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented throughout the construction period. Reason: To ensure adequate off-street parking during construction in the interests of highway safety. 12. Construction of the development hereby approved shall not commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. 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 areas; d. Siting and details of wheel washing facilities; e. Cleaning of site entrances, site tracks and the adjacent public highway; f. Timing of construction activities to avoid school pick up/drop off times; and 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. 13. Prior to the commencement of the development hereby permitted details of the servicing arrangements including information that the bin stores are in accordance with Manual for Streets and a swept path of a refuse vehicle manoeuvring shall be submitted to and approved in writing by the Local Planning Authority and thereafter available for that specific use. Reason: In the interests of satisfactory development and highway safety.
Informatives AN1. Road Deposits: Best practical means shall be taken at all times to ensure that all vehicles leaving the development site during demolition of existing building and construction of the new development are in condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Reason: This is to minimise the impact of construction vehicles and to improve the amenity of the local area. AN2. The applicant is advised that storage of materials associated with the development should take place within the site and not extend into within the public highway without authorisation from the highway authority, Hertfordshire County Council. If necessary further details can be obtained from the County Council Highways via either the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephone 0300 1234047 to arrange this. Reason: In the interest of highway Safety A3.The developer should be aware that the required standards regarding the maintenance of the public right of way and safety during the construction. The public rights of way along the carriageway and footways should remain unobstructed by vehicles, machinery, materials and other aspects of construction works. Reason: In the interest of highway user’s safety AN4.Where works are required within the public highway to facilitate access, the highway authority require the construction of such works to be undertaken to their specification and by a contractor who is authorised to work in the public highway. In relation to the crossover the applicant is advised to see the attached website. Vehicle crossover guidance http://www.hertsdirect.org/docs/pdf/d/vxo.pdf and to apply for vehicle crossover http://www.hertsdirect.org/services/transtreets/highways/hhonlineservices/vxo/
Article 35 Statement
Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led 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.
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Supporting documents: