Agenda item

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 Class A1 retail floor space hereby permitted shall have a maximum gross floor area of 10,730sqm.  The net sales area of the Class A1 retail floor space shall not exceed 8,584sqm (which shall include any ancillary cafe) comprising a maximum of:

1,184sqm convenience food goods; and

7,400sqm comparison non-food goods.

Unit G as shown on Drawing No. 1929 - 33 Rev C shall be limited to a maximum gross internal floor space area of 186sqm for use within Classes A2 or A3.

Reason:  To limit the impact of the development on the vitality and viability of Hemel Hempstead town centre in accordance with Policy CS16 of the Dacorum Core Strategy 2013 and for the avoidance of doubt.

3

The retail Class A1 units hereby permitted shall have a minimum gross internal area floor space of 696sqm (Units A to F inclusive as shown on Drawing No. 1929 - 33 Rev C).

Reason:  To limit the impact of the development on the vitality and viability of Hemel Hempstead town centre in accordance with Policy CS16 of the Dacorum Core Strategy 2013.

4

The retail Class A1 units hereby permitted shall not be used for the sale and display of clothing and footwear (except ancillary clothing or footwear for DIY, motoring or cycling activities) with the exception of Unit F as shown on Drawing No. 1929 - P - 33 Rev C.

Reason:  To limit the impact of the development on the vitality and viability of Hemel Hempstead town centre in accordance with Policy CS16 of the Dacorum Core Strategy 2013.

5

The retail Class A1 units hereby approved shall only be used for Class A1 uses in accordance with other conditions of this planning permission and the Class A2 or Class A3 unit hereby approved shall only be used for uses falling within Classes A2 or A3 and for no other purpose of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification and for no other purpose permitted under Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

Reason:  In the interests of safeguarding the vitality and viability of Hemel Hempstead town centre in accordance with Policy CS16 of the Dacorum Core Strategy 2013.

6

Notwithstanding the details shown on the approved plans, of the total retail floor space (Class A1) hereby permitted (10,730sqm), no more than 4,227sqm (gross internal area) shall be installed at mezzanine level.  Prior to the installation of any floor space at mezzanine level, metrically scaled floor plans showing the layout, amount and distribution of mezzanine floor space shall be submitted and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

Reason:  In the interests of safeguarding the vitality and viability of Hemel Hempstead town centre in accordance with Policy CS16 of the Dacorum Core Strategy 2013.

7

The development hereby permitted shall not be open to customers other than between the following hours for the uses specified below:

Units A to F inclusive (as shown on Drawing No. 1929 - P - 33 Rev C):  07:00 to 22:00 Monday to Saturday and between 10:00 and 18:00 on Sunday; and

Unit G as shown on Drawing No. 1929 - 33 Rev C within Class A2:  07:00 to 22:00 Monday to Saturday and between 10:00 and 18:00 on Sunday; or

Unit G as shown on Drawing No. 1929 - 33 Rev C within Class A3:  24 hour operation Monday to Sunday.

Reason:  For the avoidance of doubt.           

8

Installation of external surfaces shall not take place before samples and details of the materials to be used in the construction of the external surfaces of the development 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.

9

The development hereby permitted shall not commence before the submission of a scheme for the protection of existing trees and landscaping features either within or adjoining the site for approval in writing by the local planning authority.  The approved methods of protection shall be carried out or installed in accordance with the relevant details approved and shall be maintained in place during the whole period of site demolition, excavation and construction.

Reason:  In order to ensure that damage does not occur to the trees or landscape features during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan 1991-2011 and Policy CS12 of the Dacorum Core Strategy 2013.

10

In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of five (5) years from the date of the occupation of the site for its permitted use.

(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority.  Any topping or lopping approved shall be carried out in accordance with British Standard 3998:2010 - Recommendations for Tree Work.

(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority.

(c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars under Condition 9 above before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of 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 saved Policy 99 of the Dacorum Borough Local Plan 1991-2011 and saved Policy CS12 of the Dacorum Core Strategy 2013.

11

Notwithstanding the details shown on Drawing No. 761-MP-01 Rev A, occupation of the development hereby permitted shall not take place 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;

·         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;

·         trees to be retained;

·         proposed finished levels or contours in relation to neighbouring sites and adjacent road frontages (including both St Albans Road A414 and Jarman Way);

·         car parking layouts and other vehicle and pedestrian access and circulation areas;

·         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; and

·         Landscape Managemnt Plan over a period of ten (10) years from the date of implementation of the landscaping scheme, including long-term design objectives, management responsibilities and maintenance schedules for the landscaped areas.

The approved landscape works and management of landscaping shall be carried out prior to the first occupation of the development hereby permitted.

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.

12

Construction of the buildings hereby approved shall not take place until details of the proposed slab, finished floor and ridge levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land shall have been submitted to and approved in writing by the local planning authority.  The buildings shall be constructed in accordance with the approved levels.

Reason:  For the avoidance of doubt and to ensure a satisfactory form of development in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

13

Prior to the commencement of the development hereby permitted, bat roost characterisation surveys shall be undertaken between April and October (inclusive), consistent with Bat Conservation Trust Guidelines (2016) and used to confirm or amend the mitigation measures outlined in the approved Ecological Walkover Survey Results Technical Note.  The survey results and recommendations shall be submitted and approved by the local planning authority prior to commencement of development.  The development shall be carried out in accordance with the approved details.

Reason:  To ensure the continued ecological functionality of bats is maintained in accordance with the National Planning Policy Framework and Policy CS29 of the Dacorum Core Strategy 2013.

14

No removal of hedgerows, trees or shrubs, brambles, ivy and other climbing plants or works to or demolition of buildings or structures that may be used by breeding birds shall take place between 1 March and 31 August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and / or that there are appropriate measures in place to protect nesting bird interest on site.

Any such written confirmation shall be submitted to the local planning authority.

Reason:  In the interest of safeguarding any ecological interest on the site in accordance with the NPPF and Policy CS29 of the Dacorum Core Strategy 2013.

15

Commencement of the development hereby permitted shall not commence before a Construction Traffic Management Plan has been submitted 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 compounds (including areas designated for car parking);

d) Siting and details of wheel washing facilities;

e) Clearing of site entrances, site tracks and the adjacent public highway;

f) Timing of construction activities to avoid school pick up / drop off times;

g) The management of crossings of the public highway and other public rights of way;

h) Provision and location of sufficient on-site parking prior to the commencement of construction activities; and

i) Post-construction restoration / reinstatement of the working areas and any temporary accesses to the public highway.

Reason:  In the interests of maintaining highway safety and efficiency and to protect users of the public highway and rights of way in accordance with Policy CS8 of the Dacorum Core Strategy 2013 and saved Policy 54 of the Dacorum Borough Local Plan 1991-2011.

16

Development of the approved parking and servicing areas as shown on Drawing No. 1929 - 33 Rev C shall not commence before full details in the form of metrically scaled plans and written specifications shall be submitted and approved in writing by the local planning authority to illustrate the following:

a) Roads, footways, foul and on-site water drainage;

b) Existing and proposed access arrangements including visibility splays;

c) Parking provision;

d) Cycle parking provision;

e) Servicing areas, loading areas and turning areas for all vehicles; and

f) Provision of fire hydrants.

The development shall be carried out in accordance with the approved plans.

Reason:  In the interests of maintaining highway safety and efficiency in accordance with Policy CS8 of the Dacorum Core Straetgy 2013 and saved Policy 54 of the Dacorum Borough Local Plan 1991-2011.

17

Individual units within the development hereby permitted shall not be occupied for trading before a Delivery and Servicing Plan for that unit has been submitted and approved in writing by the local planning authority.  The Delivery and Servicing Plan shall contain the delivery and servicing requirements (including refuse collection) for the proposed units and uses, 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, access to / from the site for delivery and servicing vehicles, and to ensure that there is no conflict between parked vehicles and arriving or departing vehicles in the service yard.  Development shall be carried out in accordance with the approved details.

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

18

All remediation or protection measures identified in the Remediation Statement referred to in the approved Remediation Strategy and Preliminary Piling Risk Assessment Report (reference WIE12557-100-R-5-1-3-REMSTRAT, Waterman, December 2017, Sections 5 and 6) 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 in accordance with Policy CS32 of the Dacorum Core Strategy 2013 and the National Planning Policy Framework.

19

The development hereby permitted shall be carried out in accordance with the approved Air Quality Assessment Report (reference 40234/3005, Peter Brett Associated, February 2018), including the use of solar PV panels and mitigation measures identified within.

Occupation of the development hereby permitted shall not commence before a report on the number of electric vehicle charging points to be installed and relevant maintenance arrangements shall be submitted and approved in writing by the local planning authority.

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

Reason:  To ensure the amenities of the site and surrounding area are protected from increased air quality arising from the development in accordance with Policies CS8 and CS32 of the Dacorum Core Strategy 2013.

20

In the event Unit G as shown on Drawing No. 1929 - P - 33 Rev C is occupied by a use falling within Class A3, a scheme for the ventilation of the premises, including the extraction and filtration of cooking fumes / odour control, shall be submitted and approved in writing by the local planning authority.  The approved scheme shall be carried out prior to the commencement of the Class A3 use hereby permitted.

Reason:  To safeguard the amenity of neighbouring properties and adjoining units and the visual appearance of the area in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

21

A scheme for managing any borehole installed for the investigation of soils, groundwater or geotechnical purposes shall be submitted to and approved 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 will be secured, protected and inspected.  The scheme as approved shall be implemented prior to the occupation of the development.

Reason:  To ensure that redundant boreholes are safe and secure, and do not cause groundwater pollution or loss of water supplies in accordance with the National Planning Policy Framework.

22

The development hereby permitted shall be carried out in accordance with the approved Flood Risk and Drainage Strategy (Issue 1, PCS Consulting Engineers Ltd, 18 February 2018) and the following mitigation measures:

1.  Undertaking appropriate drainage strategy based on attenuation and discharge into Thames surface water sewer restricted to a maximum of 11l/s for the 1 in 100 year-rainfall event.

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 attenuation tank and drainage blankets as indicated on the approved Drainage and Levels Drawing No. 900.

Reason:  To prevent the increased risk of flooding, both on and off-site in accordance with Policy CS31 of the Dacorum Core Strategy 2013.

23

No development (excluding ground works) shall take place until the final design of the drainage scheme has been submitted and approved in writing by the local planning authority.  The surface water drainage system will be based on the submitted Flood Risk and Drainage Strategy (Issue 1, PCS Consulting Engineers Ltd, 18 February 2018).  The scheme shall also include:

1.  Detailed engineered 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% 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.

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.

24

Piling, deep foundations, investigation boreholes and other intrusive groundwork (tunnel shafts, ground source heating and cooling systems, etc) 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 the approved details.

Reason:  To ensure that the proposed foundations or groundworks does not harm groundwater resources in line with the National Planning Policy Framework.

25

A properly maintained fat trap shall be installed to serve Unit G as shown on Drawing No. 1929 - P - 33 Rev C in the event it is operated within the Class A3 use permitted on the site.

Reason:  To prevent the blocking of drains, sewage flooding and pollution to local watercourses in accordance with Policies CS31 and CS32 of the Dacorum Core Strategy 2013.

26

No development shall take place until details of measures to recycle and reduce demolition and construction waste which may otherwise go to landfill, together with a Site Waste Management plan (SWMP), shall have been submitted to and approved in writing by the local planning authority.  The measures shall be implemented in accordance with the approved details.

Reason:  To accord with the waste planning policies of the area in accordance with Policy CS29 of the Dacorum Core Strategy 2013 and saved Policy 129 of the Dacorum Borough Local Plan 1991-2011.

27

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

1929 - P - 31 (site location plan)

1929 - P - 33 Rev C (proposed site and building plan)

1929 - P - 34 Rev H (proposed ground floor plan)

1929 - P - 35 Rev F (proposed roof plan)

1929 - P - 36 Rev K (proposed elevations)

1929 - P - 39 Rev B (enlarged view of north-western elevation)

1929-P-40 (proposed site sections)

761-MP-01 Rev A (landscape masterplan)

40234/5501 TP v2.0 Retail Travel Plan

WIE12557-100-R-5-1-3-REMSTRAT (Remediation Strategy and Preliminary Piling Risk Assessment)

40234/3005 Air Quality Assessment

Flood Risk and Drainage Strategy Issue 1

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 during the pre-application stage and the determination process 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.

Highways Informative

1. The applicant is advised that the storage of materials associated with the construction of the 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. General works within the highway: Construction standards for works within the highway: All works to be undertaken on the adjoining highway shall be constructed to the satisfaction and specification of the Highway Authority, by an approved contractor, and in accordance with Hertfordshire County Council’s highway design guide "Roads in Hertfordshire". Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

3. Road Deposits: It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway.

Further information is available via the website http://www.hertsdirect.org/services/transtreets/highways/ or by telephoning 0300 1234047.

Contamination 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 a membership of a relevant professional organisation'.

Contaminated land planning guidance can be obtained from Regulatory Services or via the Council's website at www.dacorum.gov.uk