Agenda item

That planning permission be DELEGATED to the Group Manager of Development Management and Planning with a view to approval subject to the expiration of the final notification and subject to the conditions set out below:

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. Prior to the construction of the buildings hereby permitted, details including a full schedule of all materials to be used externally in the construction of the development hereby permitted shall be submitted to 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 and to safeguard the character, appearance and setting of designated heritage assets in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policies 119 and 120 of the Dacorum Borough Local Plan 1991-2011.

3. No development (excluding demolition) 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:

means of enclosure;

proposed finished levels or contours relative to neighbouring properties and Vicarage Lane including levelling works to the bank;

planting plans, including specification of species, sizes, planting centres, planting method and number and percentage mix;

details of all external hard surfaces, including the car parking area and drainage detail.

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.  The approved parking areas shall be retained thereafter and available for that specific use.

Reason:  To ensure a satisfactory appearance to the development and to safeguard the character, appearance and setting of the Bovingdon Conservation Area in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 120 of the Dacorum Borough Local Plan 1991-2011 and to ensure the permanent availability of the parking area in the interests of highway safety in accordance with Policy CS12 of the Dacorum Core Strategy 2013 and saved Policy 58 of the Dacorum Borough Local Plan 1991-2011.

4. Any tree or shrub which forms part of the approved landscaping scheme which within a period of five years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by a tree or shrub of a species, size and maturity to be approved by the local planning authority.

Reason:  To ensure a satisfactory appearance to the development and to positively conserve and enhance the Bovingdon Conservation Area in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013.

5. Prior to the construction of the roofs of the dwellings hereby approved, full specifications of the roof lights shall be submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

Reason:  To ensure a satisfactory appearance to the development and to safeguard the character, appearance and setting of the Bovingdon Conservation Area in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 120 of the Dacorum Borough Local Plan 1991-2011.

6. 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 survy 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 in accordance with Policy CS32 of the Dacorum Core Strategy 2013.

7. All remediation or protection measures identified in the Remediation Statement referred to in Condition 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.

8. Vehicular access and egress associated with the development hereby permitted shall be limited to the access shown on approved Drawing Nos. 112 and 113 only.  Any other accesses or egresses shall be permanently closed and the highway verge shall be reinstated in accordance with the approved details under Condition 3 concurrently with the bringing into use of the approved access.

Reason:  In the interests of highway safety in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

9. Vehicular visibility splays of not less than 2.4m by 43m shall be provided before any part of the development hereby permitted is first brought into use, and they shall thereafter be maintained, in both directions from the crossover, within which there shall be no obstruction to visibility between a height of 0.6m and 2m above the carriageway.

Reason:  In the interests of highway safety in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy 2013.

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

Site Location Plan

112 Rev B (proposed layout)

111 Rev B (proposed site plan)

101 Rev A (proposed ground floor plans)

102 Rev A (proposed first floor plans)

103 Rev A (proposed loft floor plans)

104 Rev A (proposed roof plans)

105 Rev A (proposed front elevations)

106 Rev A (proposed rear elevations)

107 Rev A (proposed side elevation Plot A)

108 Rev A (proposed side elevation Plot B)

109 (proposed section)

113 Rev A (proposed street scene)

Recommendations set out within Bat Survey - Preliminary Roost Assessment

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 discussion with the applicant during the determination stage 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 Highway Authority requires the alterations to or the construction of the vehicle crossovers to be undertaken such that the works are carried out to their specification and by a contractor who is authorised to work in the public highway. If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.), the applicant will be required to bear the cost of such removal or alteration. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. The applicant may need to apply to Highways (Telephone 0300 1234047) to arrange this, or use link:- https://www.hertfordshire.gov.uk/droppedkerbs/

2. Obstruction of public highway land: 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.hertfordshire.gov.uk/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.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

Contaminated Land 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 

Ecology Informative

The removal or severe pruning of trees and shrubs should be avoided during the bird breeding season (March to August inclusive [Natural England]) to protect breeding birds, their nests, eggs and young. If this is not practicable, a search of the area should be made no more than 3 days in advance of vegetation clearance and if active nests are found, works should stop until the birds have left the nest.