Agenda item

1

The development hereby permitted shall be begun before the expiration of three years from the date of this permission and completed fully in accordance with the specified conditions within 5 years of the date of this decision.

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 and once started there is a need to complete the development given the extenuating background circumstances.

2

No flat hereby permitted shall be occupied until the community use unit is provided fully in accordance with the approved drawings and thereafter the community use unit shall be permanently available for community use between 10.00 and 20.00 hours Mondays to Fridays and 10.00 and 16.00 hours on Saturdays and before the first use of the community unit hereby permitted a Management User Plan shall be submitted to the local planning authority confirming how it will be operated at all times.  The community use shall be operated fully in accordance with the approved Management Plan at all times.     

The community use unit shall be provided before its first use with an internal heritage display and external heritage signage for Nash House and thereafter at all times fully in accordance with details submitted to and approved in writing by local planning authority. 

Reason: To ensure that the community use is permanently provided at all times to accord with the expectations to the former Sappi site which is subject to Planning Permission 4/01382/09/MFA and Policies CS 23 and CS27 of Dacorum Core Strategy.

3

Notwithstanding any of the submitted details no development shall be carried out until a detailed schedule of all the external works and materials have been submitted to and approved in writing by the local planning authority. All windows and doors shall be of timber and gutters and down pipes/ soil pipes shall be black painted and the roof light shall be of a conservation roof type fitted flush with the roof slope. The development shall be carried out fully in accordance with all the approved details and thereafter shall be retained and maintained at all times fully in accordance with the approved details.

Reason:  To reinforce the original character and appearance of Nash House in accordance with Policies CS12 and CS27 of Dacorum Core Strategy

4

Within one month of the commencement of the development hereby permitted a scheme for noise insulation/ mitigation shall be submitted to the local planning authority.  No part of the development hereby permitted shall be brought into use until all the measures have been installed fully in accordance with all the approved details and thereafter all the approved measures shall be retained and maintained at all times.

Reason: To ensure that at all times the development is subject  to noise insulation / mitigation in accordance with Policies CS12 and CS32 of Dacorum Core Strategy and the approved community use can harmoniously coexist with the residential environment at all times.

5

The development hereby permitted shall not be occupied until all the ramped access to the community unit and the parking spaces shown by the approved site layout plan shall have been provided.  In addition the main portico entrance access shall at all times be provided with a disabled access fully in accordance with details which shall be submitted to and approved in writing within one month of the commencement of development  at the site. Both accesses and all of the parking spaces shall be retained thereafter at all times and they shall not be used thereafter otherwise than for the respective approved purposes.  In addition cycle storage shall be provided at the site at all times fully in accordance with details submitted to and approved in writing by the local planning authority before the first use of the building hereby permitted. 

Reason:  To provide the ramped/ disabled/ inclusive accesses, parking and cycle storage at all times in accordance with Policies CS8 and CS12 of Dacorum Core Strategy.

6

The access road within the curtilage of Nash House and parking spaces hereby permitted shall be subject to a drainage design which shall be submitted within one month of the date of the commencement of the development hereby permitted. The drainage shall be installed and thereafter retained and maintained fully in accordance with the approved details.

Reason: In the interests of highway safety and wider drainage requirements in accordance with Policies CS8, CS12 and CS29 of Dacorum Core Strategy.

7

The refuse storage facilities shall be provided fully in accordance with the approved details before any use of the building hereby permitted and thereafter shall be retained at all times and only used for the approved purposes.

Reason: To ensure a refuse facility is provided at all times at the site in accordance with Policy CS12 of the Dacorum Core Borough Local Plan.

8

A scheme for all boundary treatment shall submitted within one month of the commencement of the development  hereby permitted and shall be installed prior to the first use of any part of the development and thereafter the approved boundary treatment shall be retained at all times.

Reason:  In the interests of the character and appearance of the locality and in the interests of the residential amenity to accord with the requirements of Policies CS10, CS12 and CS32 of the Dacorum Core Strategy.

9

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 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 Policies CS31 and CS32 of the Dacorum Core Strategy.

10

All remediation or protection measures identified in the Remediation Statement referred to in Condition 9 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 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 Policies CS31 and CS32 of the Dacorum Core Strategy.

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

11

All the bathroom windows of the development hereby permitted shall be permanently fitted with obscured glass, no additional windows shall be installed within the building and the roof of the flat roofed side extension shall not be used as an amenity area, balcony or roof garden.

Reason: In the interests of residential amenity to accord with Policies 12 and 32 of the Dacorum Borough Core Strategy.

12

Details of all exterior lighting to be installed at the application site shall be submitted to and approved in writing by the local planning authority.  The exterior lighting shall be installed fully in accordance with the approved details before any use of the building hereby permitted. Thereafter the approved lighting shall be retained and maintained fully in accordance with the approved details.

Reason: In the interests of safeguarding the local environment,, the residential  amenity of the locality, highway safety, biodiversity, access for persons with disabilities and crime prevention/security in accordance with Policies CS12, CS27, CS29 and CS32 of the Dacorum Core Strategy and Policy 113 and Appendix 8 of the saved Dacorum Borough Local Plan.     

13

Bat and bird boxes shall be installed at the site before the first occupation of any of the flats or the first use of the community unit hereby permitted. Thereafter all these boxes shall be retained at all times.    

Reason: In accordance with Policy CS29 of the Dacorum Core Strategy and the approach of the National Planning Policy Framework to biodiversity.

14

The development hereby permitted shall be subject to a permanent Management Plan for both the building and its curtilage's regular and permanent maintenance which shall include the refurbishment and use of the basement, communal areas and all parts of the community unit. The Plan shall be submitted to the local planning authority before the first occupation / use of any part of the building and the Plan’s requirements shall be carried out at all times fully in accordance with the approved scheme.   

Reason:  In the interests of the character and appearance of the building to accord with the requirements of Policies CS10 ,CS12 and CS27 of the Dacorum Core Strategy.

15

No development hereby permitted shall commence until a Construction Management Plan is submitted to and approved in writing by the local planning authority.  The development shall be carried out fully in accordance with the approved details.

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

16

Prior to the commencement of the development hereby permitted details of a surface and foul water drainage system shall be submitted to and approved in writing by the local planning authority.  The development shall be carried out and thereafter retained fully in accordance with the approved details.

Reason:  To ensure that the site is subject to an acceptable drainage system serving the development in accordance with the aims of Policies CS8 ,CS12 and CS31 of the Dacorum Core Strategy , including highway safety, and to protect groundwater to accord with the requirements of Policies CS31 and CS32 of the Dacorum Core Strategy.

17

Subject to the requirements of other conditions of this planning permission the development hereby permitted shall be carried out in accordance with the following plans:

PL01E Site location and block plan

PL02D Ground floor plan

PL03B First floor plan

PL04D Second floor plan

PL05B Elevation A

PL06C Elevation B

PL07C Elevation C

PL08C Elevation D

PL09 Existing ground floor plan

PL10 Existing first floor plan

PL11 Existing second floor plan

PL12 Existing elevations A and C

PL13 Existing elevations B and D

PL14D Proposed basement

PL15 Existing basement

PL16 Bin store details

Site Section A

Site Section B

Site Section C

Reason:  To safeguard and maintain the strategic policies of the local planning authority and for the avoidance of doubt.

ARTICLE 35 STATEMENT

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant at the pre-application stage and during the determination process 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) (Amendment No. 2) Order 2015.  

Informatives

Fire Access/ Safety

It is fundamentally important that the parking / turning area within the curtilage of the site is constructed fully in accordance with the access and loading requirements for fire tenders and it is expected that the Developer fully liaises with Hertfordshire Fire & Rescue Service to ensure all its requirements are fully complied in servicing the development.

Dickinson  Square

It is requested that the Developer contacts and liaises with the owners of Dickinson Square regarding the permanent provision of historical information boards within Dickinson Square regarding Nash House. The Council’s Conservation Team can provide specific advice upon this in the interests of permanently recognising highly significant the role of Nash House/ the site in the history of paper making.    

Land Stability/ Contamination

The government advice is that where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner.

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 Councils website www.dacorum.gov. UK

Drainage

Hertfordshire County Council Lead Flood Authority has confirmed:

There is a need to seek information of how the Applicant intends to manage the surface water generated on site and how the proposed development site can be adequately drained. It has been noted that there are no public surface water sewers within the vicinity of the site. 

The LFA therefore recommended the imposition of a pre commencement condition to obtain information regarding surface water management of the site. As a minimum the LPA there is the need for a drainage strategy that includes the details of how the on-site surface water will be managed, where possible providing appropriate sustainable drainage techniques and the location of discharge off the site, along with any supporting calculations. In case the Applicant proposes to infiltrate, it is recommended that infiltration tests are carried out to ensure that feasibility of the soakaway.  

Highway Issues

1.Storage of materials: The applicant is advised that the storage of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority before construction works commence. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

2. It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.