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

After one year operation the use hereby permitted shall cease and any associated plant, materials and equipment shall be removed and any necessary works of reinstatement in accordance with the landscaping scheme approved within condition 6 shall be carried out.

The reinstatement works shall have been fully completed within 3 months post this one year period.

Reason:  The proposed use could be detrimental to the amenities of the locality and the local planning authority wishes to have the opportunity to review the development in the light of operational experience; in accordance with Saved Policies 73, 75, 116 and Saved Appendix 6 of the Local Plan (2004).

3

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

Tree Details – by site Mill Street parking info dated 08/05/2018

Temporary Car Park, Berkhamsted Transport Statement dated 16th July 2018

Planning, Design and Access Statement and Open Space Assessment August 2018

Built Heritage Appraisal July 2018

Cellpave Anchored Ground Reinforcement Paver Material Detailing

The Moor, Berkhamsted Flood Risk Appraisal Dated 24/08/18

Sequential Test and Exception Test August 2018

Arboricultural Report 180734-PD-11 rev. A dated August 2018

Bat Tree Inspection ref:A082119-1 31st August 2018

DBC/018/042

DBC/018/002 Rev A

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

4

No development shall take place above damp proof course level until details of the materials to be used in the construction of the post and rail with wire mesh 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. 

Reason:  In the interests of the visual amenities of the Conservation Area; in accordance with Policy CS27 of the Core Strategy (2013).

Materials Informative

Please do not send materials to the council offices.  Materials should be kept on site and arrangements made with the planning officer for inspection.

5

No development shall take place above damp proof course level until 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:

·         Trees to be retained and measures for their protection during construction works;

·         Proposed finished levels or contours;

·         Car parking layouts (including disabled bays) and other vehicle and pedestrian access and circulation areas;

·         Proposed location and scale of the pay and display machines; and

·         Biodiversity enhancement as set out in the approved Bat Inspection Report (A082119-1).

The approved landscape works shall be carried out prior to the first occupation or use 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 Core Strategy (2013).

6

Prior to the first occupation or use of the development hereby permitted a reinstatement landscape plan shall be submitted to and approved in writing by the Local Planning Authority.

This landscaping plan shall include the following details:

- returfing and replacement tree planting which shall include details of planting plans; location; written specifications; schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate.

- A plan detailing the closure of the vehicle access and foot path and reinstatement of the highway grass verge; and

- Biodiversity enhancement as set out in the approved Bat Inspection Report (A082119-1).

The re-instatement landscape plan shall be implemented after the use hereby approved has continued for a period of one year.          

Reason:  To ensure a high quality landscaping is restored to the site and to safeguard the visual character of the conservation immediate area; in accordance with Policies CS12 and CS27 of the Core Strategy (2013) and Saved Policies 99 and 100 of the Local Plan (2004).

7

All planting, seeding or turfing and soil preparation comprised in the approved details of the reinstatement landscaping detailed in condition 6 shall be carried out in the first planting and seeding seasons following one year post implementation of the development hereby approved; and any trees or plants which within a period of five years from this date die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation. All landscape works shall be carried out in accordance with the guidance contained in British Standards unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure proper reinstatement of the site and implementation of the agreed landscape details in the interest of the amenity value of the development; in accordance with Saved Policies 99 and 100 of the Local Plan (2004) and Policy CS12 of the Core Strategy (2013).

8

No development shall take place above damp proof course level until details of an exterior lighting plan has been submitted to and approved in writing by the local planning authority.  These details shall include:

-        Specifications of lighting including: luminaire and lamp type, beam control, wattage, the use of reflectors, baffles, louvres, cowling (including colouring), lux contours/distribution diagrams and column type/colour;

-        A lighting statement by a qualified engineer/consultant clarifying the precise lighting impact in relation to nearby housing and how the installation minimises light pollution in relation to the control criteria specified by the Institution of Lighting Engineers’ ‘Guidance Notes for the Reduction of Light Pollution’;

-        The position of the lighting within the site;

-        A maintenance programme (after-care); and

-        Hours of use;

Exterior lighting works shall be carried out in accordance with the approved details prior to the first occupation or use the development hereby permitted.

Reason: To safeguard and mitigate light pollution and illumination levels from the scheme; in accordance with Saved Appendix 8 and Policy 113 of the Local Plan (2004).

9

No development shall take place until an Air Quality Assessment has been submitted and approved in writing by the local planning authority.

The Air Quality Assessment should include the following details:

-indicate areas where there are, or likely to be, breaches of an air quality objective during the operational phase of the development;

- If there are predicted exceedances in exposure to levels above the Air Quality Objectives then, a proposal for possible mitigation measures should be set out;

- Impact of the construction vehicles and machinery of the proposed development; and

- The post construction impact of the development.

Construction and operation of the development shall be carried out in accordance with the approved details. 

Reason: To ensure the amenities of the neighbouring premises are protected from increased air quality arising from the development; in accordance with Policies CS8 and CS32 of the Core Strategy (2013) and with regard to the Environment Act 1995, Air Quality Regulations and subsequent guidance.

Un-expected Contaminated Land Informative

The developer be advised to keep a watching brief during ground works on the site if any for any potentially contaminated material. Should any such material be encountered, then the Council must be informed without delay, advised of the situation and an appropriate course of action agreed.

Construction Hours of Working – (Plant & Machinery) Informative

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 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 developer 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.

10

No development shall take place until a surface water drainage scheme for the temporary phase, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the critical storm event will not exceed the run-off from the undeveloped site following the corresponding rainfall event and provide pre-development greenfield run-off rates where possible.

The scheme shall also include:

1.    Drainage strategy including a detailed drainage plan with discharge into the either the River or GUC.

2.    Implementation of runoff control measures

3.    Provide source control measures such as permeable paving, infiltration trenches to ensure surface water run-off from the proposed car parking and roads can be  treated in a sustainable manner and reduce the requirement for maintenance of underground features.

The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

Reason: To prevent the increased risk of flooding, both on and off site and provide a betterment to flood risk, water quality and biodiversity through the implementation of an appropriate SuDS scheme in accordance with Policy CS31 of the Core Strategy (2013).

11

Before first occupation or use of the development the access road and parking areas as shown on the approved plan DBC/018/002 shall be provided and maintained thereafter.

Reason: To ensure the development makes adequate provision for the off-street parking and manoeuvring of vehicles likely to be associated with its use in accordance with Policies CS8 and CS12 of the Core Strategy (2013).

12

Prior to construction of the development hereby approved a Construction Management Plan shall have been submitted to and approved in writing by the Local Planning Authority.

The Construction Management Plan shall include details of:

- Construction vehicle numbers, type, routing;

- Traffic management requirements;

- Construction and storage compounds (including areas designated for construction staff car parking);

- Siting and details of wheel washing facilities;

- Cleaning of site entrances, site tracks and the adjacent public highway; and

- Timing of construction activities to avoid school pick up/drop off times.

The construction of the development shall be carried out in accordance with these approved details.

Reason: In the interests of maintaining highway efficiency and safety; in accordance with Policies CS8 and CS12 of the Core Strategy (2013).

13

Prior to the construction of the development hereby approved a scaled drawing showing the new access arrangements and visibility splays shall be submitted to and approved in writing by the Local Planning Authority.

The visibility splays shown on this drawing shall be no be less than 2.4m x 43m.

The access arrangements and visibility splays approved shall be provided, and thereafter maintained, in both directions from the new access, within which there shall be no obstruction to visibility between a height of 0.6m and 2m above the carriageway for the duration of use or occupation of the development.

Reason: In the interest of highway safety and free and safe flow of traffic; in accordance with Policies CS8 and CS12 of the Core Strategy (2013).

Highway Informatives:

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

4. Section 278 or Section 184 Agreement All works within the highway boundary (including alterations to the footway, creation and subsequent reinstatement of the temporary vehicular access) will need to be secured and approved via an appropriate highways works agreement, either a S278 or S184 agreement.

Ecology Informative

If bats or evidence for them is discovered during the course of  tree works, work must stop immediately and advice sought on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England - tel: 0300 060 3900.

Felling of trees is recommended to take place outside of bird breeding season period of March- September (inclusive). If this is not possible a nesting bird check by a qualified ecologist should take place no more than 48 hours before the trees are felled.

Advertisement Informative

Any advertisement/ directional signage required for the temporary car park will require separate advertisement consent.

Article 35 Statement

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.