Agenda item

Report of the Executive Director (Public Protection, Planning and Governance).

 

The report of the Executive Director (Public Protection, Planning and Governance) setting out the application which sought full planning permission for the demolition of the existing garage buildings and construction of a new residential block of twelve flats.  The use of the site would change from commercial to residential (C3).  The Planning Officer advised the Committee of a late representation from the County Council Archaeologist and that additional conditions was recommended in this regard.

 

Northaw and Cuffley Parish Councillor B.Stubbs spoke against the application.

 

Members discussed the issue of parking, as 17 parking places which had been allocated for 12 flats and the proposed underground car parking provision.  The style of the roof was reviewed and some members commented that they would prefer to see a traditional mansard roof rather than a flat roof. It was noted that the building had been designed to be reflective of the neighbouring building, whilst seeking to improve on the overall quality of appearance.

 

It was proposed by Councillor J.Beckerman seconded by Councillor P.Shah and

 

RESOLVED:

(10 voted for and 5 against)

 

That planning permission be approved for application 6/2016/0887/MAJ subject to the following conditions set out in the report of the Executive Director (Public Protection, Planning and Governance), the additional conditions at 14 and 15 and  subject to completion of a S106 agreement securing the following contributions and to the applicant agreeing any necessary extensions to the statutory determination period to allow the completion of the S106:

 

1.         Green Space £1,262

2.         Play space £3,320

3.         Refuse and recycling bins (between £900 and £1,400)

4.         HCC Nursery education £1,680

5.         HCC Library contribution £1,617

6.         Monitoring fee at 5% of total contributions

 

and the following conditions:

 

PRE-COMMENCEMENT

 

1.      No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby granted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be implemented using the approved materials and subsequently, the approved materials shall not be changed.

 

REASON:  To ensure a satisfactory standard of development in the interests of visual amenity in accordance with the National Planning Policy Framework and Policies D1 and D2 of the Welwyn Hatfield District Plan 2005.

 

2.      No development shall take place until details of the location, design and specification of the refuse bin and recycling materials storage bins and areas to serve the residential units have been submitted to and approved in writing by the Local Planning Authority.  Subsequently the refuse and recycling materials storage bins and areas shall be constructed, equipped and made available for use, in accordance with the approved details, prior to first occupation and retained in that form thereafter.

 

REASON: To ensure a satisfactory standard of refuse and recycling provision and to protect the residential amenity of adjoining and future occupiers in accordance with Policies IM2, R5 and D1 of the Welwyn Hatfield District Plan 2005.

 

3.      No development shall commence until a scheme for the provision of secure cycle parking (including powered two wheel vehicle parking where applicable) on site has been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved scheme.

 

REASON:  In order to ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance Policies M6 and M8 of the Welwyn Hatfield District Plan 2005.

 

4.      No development shall take place until full details on a suitably scaled plan of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority.  The development shall not be carried out other than in accordance with the approved details.

 

The landscaping details to be submitted shall include:

 

(a)     original levels and proposed finished levels

(b)     means of enclosure and boundary treatments

(c)     car parking layout and markings

(d)     vehicle and pedestrian access and circulation areas

(e)     hard surfacing, other hard landscape features and materials

(f)      planting plans, including a scheme for enhanced screen planting of the northern boundary (including specifications of species, sizes, planting centres, number and percentage mix, and details of seeding or turfing)

(g)     management and maintenance details

 

REASON: The landscaping of this site is required in order to protect and enhance the existing visual character of the area and to reduce the visual and environmental impacts of the development hereby permitted in accordance with Policies GBSP2, D2 and D8 of the Welwyn Hatfield District Plan 2005.

 

5.      Notwithstanding the planning permission hereby granted, development must not commence until details of the green roof have been submitted to and approved in writing by the Local Planning Authority.  Details must include the construction method; specification of planting species to be used and a scheme for the management and maintenance of the roof.  Subsequently the development shall not be carried out other than in accordance with the approved details.

 

REASON: To ensure a satisfactory standard of development in the interests of visual amenity in accordance with the National Planning Policy Framework, Policies D1 and D2 of the Welwyn Hatfield District Plan 2005

 

6.      No development shall take place until a detailed surface water drainage scheme for the site based on the approved Flood Risk Assessment (carried out by MTC Engineering Ltd (Reference 1831-DS) and dated January 2017) and sustainable drainage principles and an assessment of 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 1 in 100 year+ climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The strategy should include the following:

 

(i)      Detailed engineered drawings of the proposed SuDS features including their size, volume, depth and any inlet and outlet features including any connecting pipe runs;

(ii)     Clarification of flow rate from green roof into the wider drainage system, how this will be controlled and location of all  control structures;

(iii)    Post development calculations to be carried out for the 1 in 10 year rainfall event, 1 in 30 year rainfall events up to and including the 1 in 100years plus climate change event

(iv)    Final detailed management plan to include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

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

 

REASON:  To prevent the increased risk of flooding both on and off the site in accordance with Policies of the National Planning Policy Framework and Policy R8 of the Welwyn Hatfield District Plan 2005

 

7.      No development shall take place until details of any external lighting proposed in connection with the development hereby approved, have been submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The development shall not be carried out other than in accordance with the approved details.

 

REASON: In the interests of the visual amenities of the area in accordance with Policy D1 of the Welwyn Hatfield District Plan 2005.Noise mechanical vents

 

8.         No development other than that required to be carried out as part of an approved scheme of remediation shall commence until conditions A to D have been complied with.  If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition D has been complied with in relation to that contamination.

 

(a)          Site Characterisation

 

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site.  The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced.  The contents of the scheme and the written report are subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

 

(i)            a survey of the extent, scale and nature of contamination

(ii)          an assessment of the potential risks to:

•      human health

•      property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes

•      adjoining land

•      groundwaters and surface waters

•      ecological systems

•      archaeological sites and ancient monuments

(iii)         an appraisal of remedial options, and proposal of the preferred option(s).

 

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

 

(b)          Submission of Remediation Scheme

 

A detailed remediation scheme 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 and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

(c)          Implementation of Approved Remediation Scheme

 

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

 

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

 

(d)          Reporting of Unexpected Contamination

 

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. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority.

 

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition C.

 

(e)          Long Term Monitoring and Maintenance

 

Where indicated in the approved remediation scheme, a monitoring and maintenance scheme to include, monitoring the long-term effectiveness of the proposed remediation over the agreed period of years, and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority.   Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

 

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 others offsite in accordance with Policies R2 and R7 of the Welwyn Hatfield District Plan 2005.

 

PRE-OCCUPATION

 

9.      The development herby permitted shall not be carried out other than in accordance with the approved surface water drainage assessment carried out by MTC Engineering Ltd (reference 1831-DS) dated January 2017 and the following mitigation measures as set out in the Flood Risk Assessment:

 

(i)      Providing a minimum attenuation volume of 20cubic metres to ensure no increase in surface water run-off volumes for all rainfall evets up to and including the 1 in 100 year+ climate change event;

(ii)     Limiting surface water run-off to 6.9l/s with discharge in Thames Surface Water sewer

(iii)    Implementing appropriate SuDS measures as shown on the proposed drainage plan Drawing No 1831-02 and including a green roof.

 

The mitigation measures shall be fully implemented prior to occupation of the development and subsequently in accordance with the timing/phasing arrangements embodied within the scheme unless otherwise agreed in writing by the Local Planning Authority.

 

REASON:  To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site.

 

10.    Prior to the first occupation of the development hereby permitted, the proposed access and on-site car and cycle parking shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available free of charge for parking of domestic vehicles in association with the residential use of the site and for no other purpose.

 

REASON: To ensure the permanent availability of the parking/ manoeuvring area in the interests of highway safety.

 

11.    The gradient of the access shall not be steeper that 1:20 for the first five meters from the edge of the carriageway.

 

REASON:  In order that vehicles may enter and leave the site with the minimum of interference to the free flow and safety of other traffic on the highway.

 

No overhang over the public highway

 

12.    Before the first occupation of the development hereby approved, and concurrent with the construction of the new access onto The Meadway, all existing accesses onto Station Road and The Meadway shall be removed and the footway reinstated and constructed to the specification and satisfaction of the Local Planning Authority.

 

REASON: To ensure that the site access is constructed to the satisfaction of the Local Planning Authority in the interests of highway safety and in accordance with Policies of the National Planning Policy Framework and the District Plan.

 

Closure of existing vehicle openings from Meadway and Station Road

 

POST DEVELOPMENT

 

13.    All agreed landscaping comprised in the above details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the first building, the completion of the development, or in agreed phases whichever is the sooner: and any plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.  All landscape works shall be carried out in accordance with the guidance contained in British Standards 8545: 2014.

 

REASON: To ensure proper implementation of the agreed landscape details in the interest of the amenity value of the development in accordance with Policies GBSP2, D2 and D8 of the Welwyn Hatfield District Plan 2005.

 

14.    No development shall commence until an Archaeological Written Scheme of Investigation has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall include an assessment of archaeological significance and research questions; and:

 

1.      The programme and methodology of site investigation and recording;

2.      The programme and methodology of site investigation and recording as required by the evaluation;

3.      The programme for post investigation assessment;

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

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

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

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

 

(a)       The development shall take place in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved above.

(b)       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 and the provision made for analysis and publication where appropriate.

 

REASON:  To ensure that a historical record is kept of any archaeological finds due to the implementation of the development and to comply with the National Planning Policy Framework.

 

15.      The development/works shall not be started and completed other than in accordance with the approved plans and details:

 

Plan Number	Revision Number	Details	Received Date
8754-A1-S002		Existing Plans and Elevations	18 May 2016
12010_P004	A	Proposed Street Elevations	12 April 2017
12010_P002	C	Site Plan and Basement	12 April 2017
12010_P001	B	Proposed Floor Plans	12 April 2017

 

REASON: To ensure that the development is carried out in accordance with the approved plans and details.

 

POSITIVE AND PROACTIVE STATEMENT

 

The decision has also been made taking into account, where practicable and appropriate the requirements of paragraphs 186-187 of the National Planning Policy Framework and material planning considerations do not justify a decision contrary to the development plan (see Officer’s report which can be inspected at these offices).