Agenda item

4/00478/18/FUL - DEMOLITION OF EXISTING BUILDINGS/STRUCTURES AND THE DEVELOPMENT OF THE SITE TO PROVIDE THREE NEW DWELLINGS - APPLEDORE, KINGSHILL WAY, BERKHAMSTED, HP4 3TP

Minutes:

E Palmer introduced the item to members and said it had been referred to the committee due to the contrary views of Berkhamsted Town Council.

It was proposed by Councillor Birnie and seconded by Councillor Fisher to grant the application in line with the officer’s recommendation.

Vote

For: 6               Against: 0                    Abstained: 2

Resolved

That planning permission be GRANTED subject to 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:

 

11026-L-00-LP site location plan

11026-L-00-20 existing block plan

11026-L-00-28 site plan- landscaping

11026-L-00-21 proposed block plan

11026-L-00-23 proposed plot 1 elevations

11026-L-00-25 proposed plot 2 elevations

11026-L-00-27 proposed plot 3 elevations

11026-L-00-22 plot 1 floor plans

11026-L-00-24 plot 2 floor plans

11026-L-00-26 plot 3 floor plans

design and access statement

Bat Survey - Preliminary Roost Assessment

Bat Survey - Emergence and Re-Entry

CIL

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

3

No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the local planning authority. The plan should consider all phases of the development.

 

Thereafter the construction of the development shall only be carried out in accordance with the approved plan. The Construction 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) Cleaning of site entrances, site tracks and the adjacent public highway

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

g) Provision of sufficient on-site parking prior to commencement of construction activities

h) 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, in accordance with Core Strategy (2013) Policy CS8.

 

4

Notwithstanding the details shown on the approved plans the windows at first floor level in the west elevation of plot 3 hereby permitted shall be permanently fitted with obscured glass or have a cill height of not less than 1.6 m above internal floor level unless otherwise agreed in writing by the local planning authority.

 

Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings and to comply with CS 12.

 

5

No development shall take place until 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.

 

6

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:

 

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 and measures for their protection during construction works;

proposed finished levels or contours;

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.

 

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 and to safeguard the visual character of the immediate area.

 

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 without the prior written approval of the local planning authority:

 

Schedule 2 Part 1 Classes A, B, C, E, F and G

Part 2 Classes A and B

 

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 comply with CS 11 and 12.

 

 

Informatives:

 

Article 35 Statement

 

Planning permission has been granted for this proposal. The Council acted pro-actively through early engagement with the applicant at the pre-application stage 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. 

 

Ecology

 

Any external lighting scheme should be designed to minimise light spill, in particular directing light away from the boundary vegetation to ensure dark corridors remain for use by wildlife as well as directing lighting away from potential roost / nesting sites.

 

In the unlikely event that badgers are discovered during construction works, works should stop immediately and advice sought from an appropriately qualified and experienced Ecologist as to how to proceed.'

 

To avoid killing or injuring of hedgehogs it is best practice for any brash piles to be cleared by hand. It is also possible to provide enhancements for hedgehogs by making small holes within any boundary fencing. This allows foraging hedgehogs to be able to pass freely throughout a site.

 

Any excavations that need to be left overnight should be covered or fitted with mammal ramps (a reinforced plywood board >60cm wide set at an angle of no greater than 30 degrees to the base of the pit) to ensure that any animals that enter can safely escape - this is particularly important if holes fill with water. Any open pipework must be covered at the end of each working day to prevent animals entering / becoming trapped.

 

Environmental Health

 

Un-expected Contaminated Land Informative

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 with all works temporarily suspended because, the safe development and secure occupancy of the site lies with the developer.

 

Construction Hours of Working – (Plant & Machinery) Informative

In accordance with the councils adopted criteria, all noisy works associated with site demolition, site preparation and construction works shall be limited to the following hours: 0730hrs to 1830hrs on Monday to Saturdays, no works are permitted at any time on Sundays or bank holidays.

 

Construction/Demolition Dust Informative

Dust from operations on the site should be minimised by spraying with water or by carrying out of other such works that may be necessary to suppress dust. Visual monitoring of dust is to be carried out continuously and Best Practical Means (BPM) should be used at all times. The applicant is advised to consider the control of dust and emissions from construction and demolition Best Practice Guidance, produced in partnership by the Greater London Authority and London Councils.

 

In addition, the applicant must ensure any concern with an asbestos release during demolition work where this is applicable is adequately addressed.

 

Noise on Construction/Demolition Sites Informative

The attention of the applicant is drawn to the Control of Pollution Act 1974 relating to the control of noise on construction and demolition sites.

 

Highways

1. 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.

2. 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.

 

 

Supporting documents: