Agenda item

4/01728/18/ROC - VARIATION OF CONDITION 14 (APPROVED PLANS) OF PLANNING PERMISSION 4/00228/17/FUL (CONSTRUCTION OF 4 TWO/THREE BED DWELLINGS IN A TERRACED BLOCK WITH PARKING PROVISION FOR 7 CARS. ASSOCIATED LANDSCAPING) - LAND ADJ. DUNSFORD, CHAPEL CROFT, CHIPPERFIELD, WD4

Minutes:

Andrew Parrish introduced the item to members.

It was proposed by Councillor Matthews and seconded by Councillor Maddern to Grant the application in line with the officer’s recommendation.

Vote

For: 8               Against: 1                    Abstained: 1

Resolved:

That planning permission be GRANTED subject to the following conditions;

No

Condition

1

The development shall be carried out in accordance with the materials approved under application reference 4/02031/17/DRC.

 

Reason:  To ensure a satisfactory appearance to the development in the interests of the visual amenities of the Chipperfield Conservation Area and the setting of the adjacent listed building in accordance with saved Policies 119 and 120 of the Dacorum Borough Local Plan 1991-2011 and Policies CS12 and CS27 of the Dacorum Core Strategy September 2013.

 

2

The development shall be carried out in accordance with the design details approved under application reference 4/02031/17/DRC.

 

Reason:  To ensure a satisfactory appearance to the development in the interests of the visual amenities of the Chipperfield Conservation Area and the setting of the adjacent listed building in accordance with saved Policies 119 and 120 of the Dacorum Borough Local Plan 1991-2011 and Policies CS12 and CS27 of the Dacorum Core Strategy September 2013.

 

3

The development shall be carried out in accordance with the details of tree protection approved under application reference 4/02031/17/DRC. The trees / hedges indicated for protection shall be protected in accordance with the approved details for the whole period of site preparation and construction.

 

Reason:  In order to ensure that damage does not occur to the trees during building operations in the interests of the visual amenities of the street scene and the character and appearance of the Conservation Area in accordance with saved Policy 99 of the Dacorum Borough Local Plan 1991-2011 and Policy CS12 of the Dacorum Core Strategy September 2013. The details are required before the commencement of development to ensure that trees are not damaged during any stage of site preparation and construction.

 

4

 

The development shall be carried out in accordance with the submitted details of hard and soft landscape works (including reduction in fence height as indicated on Drg. No. 128 E), together with Landscape Proposal Schedule received 11/10/17, trade literature from Hydropave pedesta, photo and covering letter approved under application reference 4/02031/17/DRC. The approved landscape works shall be carried out prior to the first occupation of any of Plots 2, 3 or 4 of the development hereby permitted.

 

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 safeguard the visual character of the immediate area in accordance with saved Policies 99 and 100 of the Dacorum Borough Local Plan 1991-2011 and Policies CS12 and 13 of the Dacorum Core Strategy September 2013.

 

5

 

The development shall be constructed in accordance with the approved levels shown on Drg. No. 135 J

 

Reason:  For the avoidance of doubt and to ensure a satisfactory form of development in accordance with Policies CS11, 12 and 13 of the Dacorum Core Strategy September 2013.

 

6

The development hereby permitted shall be carried out in accordance with the Policy CS29 Sustainability Checklist approved under application reference 4/00228/17/FUL. 

 

Reason:  To ensure the sustainable development of the site in accordance with Policy CS29 and Para. 18.22 of the Dacorum Core Strategy September 2013.

 

7

The development shall not be occupied until the car parking and turning areas have been laid out, constructed and surfaced.  Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway. The car parking and turning areas so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose at any time.

Reason: To ensure that adequate parking is provided at all times so that the development does not prejudice the free flow of traffic or the conditions of general safety along the adjacent highway, or the amenities and convenience of existing local residents and businesses in accordance with Policy 58 of the Adopted DBLP 1991-2011.

 

8

The details of the nature and extent of contamination, and remediation options are as

approved under application reference 4/02031/17/DRC.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy CS32 of the Dacorum Core Strategy September 2013. The details are required before commencement of development as if they are deferred until after the development has begun, the opportunity to decontaminate the land will have been lost to the detriment of human health and other receptors.

 

9

The development shall be carried out in accordance with the details of remediation to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural environment  approved under application reference 4/02031/17/DRC. The remediation scheme shall be implemented in accordance with the approved timetable of works.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy CS32 of the Dacorum Core Strategy September 2013. The details are required before commencement of development as if they are deferred until after the development has begun, the opportunity to decontaminate the land will have been lost to the detriment of human health and other receptors.

 

10

Within 6 months of the completion of measures identified in the approved remediation scheme, a validation report (that demonstrates the effectiveness of the remediation carried out) shall be submitted to the local planning authority for its written approval.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy CS32 of the Dacorum Core Strategy September 2013.

 

11

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it shall be reported in writing within 7 days to the local planning authority and once the local planning authority has identified the part of the site affected by the unexpected contamination, development shall be halted on that part of the site. An assessment shall be undertaken in accordance with the requirements of Condition No 9 of application reference 4/00228/17/FUL, and where remediation is necessary a remediation scheme, together with a timetable for its implementation, shall be submitted to and approved in writing by the local planning authority in accordance with the requirements of Condition No 10 of application reference 4/00228/17/FUL. The measures in the approved remediation scheme shall then be implemented in accordance with the approved timetable. Following completion of measures identified in the approved remediation scheme a validation report shall be submitted to and approved in writing by the local planning authority in accordance with Condition No 10 above.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy CS32 of the Dacorum Core Strategy September 2013.

 

12

The window in Plot 1 at second floor level on the North East elevation of the development hereby  permitted shall be permanently fitted with obscured glass.

 

Reason:  In the interests of the amenity of adjoining residents in compliance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

13

The window in Plot 4 at second floor level on the South East elevation of the development hereby  permitted shall be permanently fitted with obscured glass.

 

Reason:  In the interests of the amenity of adjoining residents in compliance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

14

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 and E

                        Part 2 Classes A and C

                        Part 14 Classes A

 

Reason:  To enable the local planning authority to retain control over the development which replaces open land with an appropriately-modest, permanent residential development within the Small Village and in the interests of the character and appearance of the Chipperfield Conservation Area. The scheme for 4 dwellings has been granted as an exception to Policy CS6 on the basis of its limited size and scale that would meet a local need of the village for small housing units. Therefore any increase in its size would be contrary to policies to safeguard the visual amenity and openness of this site within the Green Belt and Conservation Area.

 

15

 

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

 

101L

102G

103G

104F

105G

106F

107F

108F

109E

110G

111G

112G

113G

114G

115G

117F

119F

121H

123J

124G

125N

126C

128E

129F

130F

131F

135J

221

222

223B

 

and the following plans approved under application reference 4/02428/17/ROC.

 

Location Plan

100

116D

118C

120C

122F

 

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

 

Article 35 Statement

 

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the pre-application and application process which led 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. 

 

 

Supporting documents: