Agenda item

4/01635/18/FHA - CAR PORT WITH GARDEN STUDIO ABOVE THE HOIST, 2 MASONS YARD, CHAPEL STREET, BERKHAMSTED, HP4 2EA

Minutes:

R Marber Introduced the report to members and said it had been referred to committee due to Contrary views of Berkhamsted Town Council

OlywnCossins spoke in support of the application.

Tim Oldham spoke in objection of the application.

It was proposed by Councillor Maddern and seconded by Councillor C Wyatt-Lowe to GRANT the application in line with the officer’s recommendation.

Vote

For:      5          Against:           0          Abstained:  3

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

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

 

PA01 01

PA01 02.B

Arboricultural Impact Assessment & Method Statement 14th June 2018 DS/20318/AC

Design & Access Statement with Planning and Heritage Statement

 

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

 

3

No development shall take place above damp proof course level 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. 

 

Reason:  In the interests of the visual amenities of the Conservation Area; in accordance with Policies CS12 and CS27 of the Core Strategy (2013).

 

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.

 

4

The building hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as The Hoist, 2 Masons Yard.

 

Reason: To ensure that the car port structure is not severed from the main dwelling to provide a self-contained dwelling unit, since this would be out of character with the area, and contrary to the provisions of policy CS4, CS11, CS12 and CS27 of the Core Strategy (2013).

 

 

5

In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of 5 from the date of the occupation of the building for its permitted use.

 

(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any  retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority.  Any topping or lopping approved shall be carried out in accordance with British Standard 3998: 1989  Recommendations for Tree Work.

 

(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority.

 

(c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area; in accordance with Saved Policies 99 and 100 of the Local Plan (2004).

 

Informative

 

Any tree works will require a tree application to be submitted, including the felling of trees outline within this application.

 

Article 35 Statement

 

Planning permission 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 and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015. 

 

 

Supporting documents: