Agenda item

4/03275/17/FUL - CHANGE OF USE FROM NURSERY TO RESIDENTIAL. REDEVELOPMENT OF SITE TO PROVIDE THREE NEW DWELLINGS. WOODVIEW NURSERIES, TINKERS LANE, WIGGINTON, TRING, HP23 6JB

Minutes:

B Curtain introduced the report to members and said it had been referred to committee becauseit Called in by Ward Councillor (Stan Mills).

Suzanne Trueman spoke in support of the application

Nick Hollinghurst spoke in objection of the application.

It was proposed by Councillor Ritchie and seconded by Councillor Madden 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:

No

Condition

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

Other than site clearance and grounds works, no above ground development shall take place, until samples of the materials proposed to be used on the external walls/roofs of the development shall have been submitted to and approved in writing by the local planning authority.  The approved materials shall be used in the implementation of the development.  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 Core Stratgey 2013.

 

Reason:  In the interests of the visual amenities of the Chilterns Area of Outstanding Natural Beauty in accordance with Policy CS27 of the Core Strategy 2013.

 

3

Prior to the occupation of the dwellings hereby approved 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,refuse or other storage units, signs, lighting etc);

 

The approved landscape works shall be carried out fully in accordance with the details agreed and thereafter maintained as such.

                       

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policies Cs12 and CS27 of the Core Strategy 2013.

 

4

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015  (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, D, E, F & G

Part 2 Classes A, B and C

 

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.

 

5

1a). Contaminated Land Condition

 

Other than site clearance works (not demolition) no development, shall take place until a Phase I Report to assess the actual or potential contamination at the site has been 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 survey 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 Core Strategy (2013) Policy CS32.

 

1b). All remediation or protection measures identified in the Remediation Statement referred to in Condition 1a above 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 Core Strategy (2013) Policy CS32 and the NPPF (2012).

 

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

 

 

 

6

Other than site clearance works, no demolition/development shall commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and:

 

1. The programme and methodology of site investigation and recording

2. The programme for post investigation assessment

3. Provision to be made for analysis of the site investigation and recording

4. Provision to be made for publication and dissemination of the analysis and records of the site investigation

5. Provision to be made for archive deposition of the analysis and records of the site investigation

6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. 

 

Reason: To safeguard archaeological features of interest in accorance with Policy CS27 of the Core Strategy 2013.

 

 

7

i) Demolition/development shall take place in accordance with the Written Scheme of Investigation approved under condition 6.

 

ii) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 6 and the provision made for analysis, publication and dissemination of the results and archive deposition has been secured.

 

Reason: To safeguard archaeological features of interest in accorance with Policy CS27 of the Core Strategy 2013.

 

8

Prior to the occupation of the dwellings hereby approved, all buildings and structures, storage containers and goods stored externally (including those structures not substantially completed), other than those shown for retention on the approved plans or permitted by this permission, shall be demolished / removed and the materials arising from demolition / clearance permanently removed from the site.

 

Reason:  In the interests of maintaining the open character of the Green Belt  and AONB in accordance with Policies CS5 and CS24 of the Core Strategy 2013.

 

9

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order) (with or without modification) the garages hereby permitted shall be kept available at all times for the parking of vehicles associated with the residential occupation of the dwellings hereby approved and they shall not be converted or adapted.

 

Reason:  In the interests of highway safety and to safeguard the appearanace of this part of the Green belt and AONB in accordance with Policies CS5, CS8 and CS24 of the Core Stratgey 2013.

 

10

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

 

1180/AG(0)01  - Location Plan

1180/AG(0)02 Rev A  - Existing Site Plan

1180/AG(0)03 Rev B  - Proposed Site Plan

1180/AG(0)04 Rev A  - Plot 1

1180/AG(0)05 Rev A  - Plot 2

1180/AG(0)06 Rev A – Plot 3

1180/AG(0)07 Rev A  - Street Elevations

 

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

 

Article 35;

 

 

 

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.

 

I hope the above clarify our position on the submitted application?

 

Should you have any further query in respect of the application, please do not hesitate contact me on Ext 2719 quoting Flare reference 551456.

 

 

 

Supporting documents: