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 development hereby permitted shall be constructed in accordance with the materials specified on the approved drawings and statement

Location Plan 1:1250

H 03 13 Site Survey

BBH003/01 Rev B - Proposed Site Plan and Street Scene Elevation

BBH003/02 Rev A- Proposed plans and Elevations

Reason:  To ensure a satisfactory appearance to the development and to comply with Policy CS12 of the Core strategy.

3

No development shall 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:

(i)    hard surfacing materials;

(ii)   means of enclosure;

(iii)  bin storage and refuse collection;

(iv) 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;

(v)  trees to be retained and measures for their protection during construction works;;

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 , to safeguard the visual character of the immediate area and to accord with Policy CS 12 of the Core Strategy.

5

All of the roof lights to the rear roof slopes hereby approved shall have a cill height of not less than 1.6m above the internal floor level of the second floor.

All of the roof lights to the side roof slopes hereby approved shall have a cill height of not less than 1.2m above the internal floor level of the second floor.

Reason: To safeguard the privacy of the occupiers of neighbouring dwellings.

Reason: To safeguard the residential amenities of adjacent properties.

6

Prior to first occupation of the dwellings to Plots 5 & 6 the first floor windows to their side elevations shall be top hung fan light opening only and fitted with obscure glass and retained in that condition thereafter.

Reason: To safeguard the residential amenities of adjacent dwellings and to accord with Policy CS 12 of the Core Strategy.

7

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;

Schedule 2 Part 1 Classes A, B, C, D,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 and to accord with Policy CS 12 of the Core Strategy.

9

Prior to the first occupation of the dwellings hereby permitted the areas shown on DRawing No. BBH/003/01 Rev B for the parking of vehicles, and for vehicles to manoeurvre so that they may enter and leave the site in forward gear, shall be laid out and those areas shall not thereafetr be used for any other purpose than the parking and manoeurvring of vehicles.

Reason:  In the interests of highway safety.

10

Unless otherwise agreed in writing by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until Conditions (a) to (d) below  have been complied with.  If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until Condition (d) has been complied with in relation to that contamination.

(a)      Site Characterisation

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site.  The contents of the scheme are subject to the approval in writing of the Local Planning Authority.  The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i)            a survey of the extent, scale and nature of contamination;

(ii)      an assessment of the potential risks to:

(vi) human health,

(vii)property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

(viii)           adjoining land,

(ix) groundwaters and surface waters,

(x)  ecological systems,

(xi) archeological sites and ancient monuments;

·                     an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

(b)      Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority.  The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.  The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

(c)      Implementation of Approved Remediation Scheme

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority.  The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

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.

(d)      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 (a) above, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Condition (b), 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 (c).

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 Policy CS32 of the Core Strategy.

INFORMATIVE:

The applicant is advised that a guidance document relating to land contamination is available in the Council's website:

http://www.dacorum.gov.uk/default.aspx?page=2247

Article 31

Planning permission/advertisement consent/listed building consent 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 2012.