THREE RIVERS DISTRICT COUNCIL

At a meeting of the Development Control Committee held in the Penn Chamber, Three Rivers House, Rickmansworth, on 16September 2010from 7.30pm to 9.50pm.

Present:CouncillorsChris Lloyd (Vice Chairman in the Chair), Chris Ayrton, Phil Brading,Barbara Green, Chris Hayward, Paula Hiscocks, David Major, AnnShaw OBE andRon Spellen.

Officers:Laurence Moore, Marie Harding, Claire Thornley, Julie Hughes, John Tolladay and Elwyn Wilson.

Apologies for absence were received from CouncillorsGeoffrey Dunne,Amrit Medirattaand Chris Whately-Smith.

Also in attendance: Councillors Matthew Bedford and Barbara Lamb MBE.

DC59/10MINUTES

The Minutes of the Development Control Committee meeting held on 19August 2010 were confirmed as a correct record and signed by the Chairman except for the following amendment:

Minute DC50/10 - 10/1251/ful – Erection of 3 x 2 bed town houses with off street parking and bin store lane at 79Quickley Lane, Chorleywood, Rickmansworth, WD3 5PG for MrDavid Lewis

……Councillor Ann Shaw said now it had been identified that the embankment at the front of the property belonged to Herts County Council the Council should write requesting the embankment be reinstated. The proposed parking provision for this site would be insufficient and would cause mayhem in the area.

Councillor Shaw asked the Officer about the area to the front of the site and to what extent the levels were to be altered. The Officer confirmed that the area would likely need to be built up as the existing driveway had a significant gradient. Councillor Shaw said that this was unlikely to be acceptable to the street scene of Quickley Lane.

The Head of Development and Environmental Health advised that an additional reason for refusal could be added relating to level changes at the site frontage being insufficiently justified. If Members wished.

Councillor Chris Hayward as the CountyCouncillor for the Division agreed to bring to the County Council’s attention the concerns regarding the embankment if provided with further information.

DC60/10NOTICE OF OTHER BUSINESS

None.

DC61/10DECLARATION OF INTERESTS

Councillor Chris Hayward provided a general statement to the Committee with regard to the applications called in by Chorleywood Parish Council stating that he had held no discussions on those items with any Member of the Parish Council.

Councillor David Major declared a personal interest in item10, 37Creasy Close, Abbots Langley, Herts as an Abbots Langley Parish Councillor but stayed and took part in discussions as he had not been present when this matter had been discussed by Abbots Langley Parish Council’s Planning Committee.

Councillor Chris Ayrton declared a personal and prejudicial interest in item15 – Land Adjacent to Marstone Lodge, MountView and Rear of 11Money Hill Road, Rickmansworth as a work colleague of a neighbour.

Councillor Chris Lloyd declared a personal and prejudicial interest in item22 - Land to Rear of Golf Driving Range, Prestwick Road, South Oxhey as an employee in the telecommunications industry.

DC62/10CONSIDERATION OF OBJECTIONS AND CONFIRMATION OF THREE RIVERS (VALLEY ROAD, RICKMANSWORTH) TREE PRESERVATION ORDER 2010

The Committee was requested to consider objections made in respect of the Three Rivers (Valley Road, Rickmansworth) Tree Preservation Order 2010. The report sets out the officer’s recommendations to confirm the Order without modification.

In accordance with Council Procedural Rule 36(3) MrVisram spoke against confirming the Order due to damage to his adjoining property.

In reply to questions officers stated that they had no evidence of structural damage to paths. Members indicated that if damage paths could be replaced and problems solved with tree management.

It was proposed by Councillor Ann Shaw, seconded by Councillor Chris Hayward that the Order be confirmed without modification but that the Council would be sympathetic to any application to remove lower branches from the trees.

On being put to the meeting the proposal was declared CARRIED, the voting being 8 in favour, 0 against and 1 abstention.

RESOLVED:-

(1)that the objection is noted but that the Three Rivers (Valley Road, Rickmansworth) Tree Preservation Order 2010 is confirmed without modification; and

(2)The Committee would be sympathetic to an application for tree works in respect of the lower branches of the trees.

DC63/10CONSIDERATION OF OBJECTIONS AND CONFIRMATION OF THREE RIVERS (THE DRIVE, CHORLEYWOOD) TREE PRESERVATION ORDER 2010

The Committee was asked to consider objections made in respect of the Three Rivers (The Drive, Chorleywood) Tree Preservation Order 2010. The report sets out the officer’s recommendations to confirm this Order without modification.

The proposal to confirm the Order on being put to the Committee was declared CARRIED, the voting being unanimous.

RESOLVED:-

that the objection is noted but that the Three Rivers (The Drive, Chorleywood) Tree Preservation Order 2010 is confirmed without modification.

DC64/1010/1004/FUL - Demolition of existing garage and erection of new two-storey dwelling with further accommodation in roofspace and single garage attached with associated parking, access and landscaping at Land adjacent to Shire House, Shire Lane, Chorleywood for MrKCoyle

The Planning Officer reported that Plan number 1-38-2566/P2 Rev. B to be added to the plan numbers set out in condition C2.

The Chairman reminded the Committee that the application had been deferred to enable a site visit which took place on 11 September.

Councillor Barbara Green stated that she would move refusal of the application due to the height, bulk of the proposal and it being out of keeping with the area.

In accordance with Council Procedural Rule 36(3) Mr Meela Spoke in support of the application and MrsDarling spoke against the proposal.

Councillor Chris Hayward supported by Councillor Ann Shaw stated that there were no valid reasons to refuse the application. Following comments concerning the need to ensure no overlooking to the adjoining property the Planning Officer stated that ConditionC5 would be amended to include obscure glazing to ground floor window and door.

Councillor Chris Hayward, seconded by Councillor Ann Shaw moved approval of the application with the amendment of Conditions C2 andC5 and on being put to the meeting was declared CARRIED, the voting being 8 in favour, 1 against and 0 abstentions.

RESOLVED:-

that PLANNING PERMISSION BE GRANTED subject to the following conditions:-

C1The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON:In pursuance of Section 91(1) of the Town and Country Planning Act 1990 and as amended by the Planning and Compulsory Purchase Act 2004.

C2The development hereby permitted shall be carried out in accordance with the following approved plans: 1-38-2566/P2 Rev B, 2010/597/40A, 2010/597/41, 2010/597/42 and 14905.

REASON: For the avoidance of doubt, in the proper interests of planning and to ensure that there is no adverse impact on the area or surrounding residential amenity in accordance with Policies GEN1, GEN3, C2, H14, N15, N16, T7, T8 and Appendices 1, 2 and 3 of the Three Rivers Local Plan 1996 - 2011

C3Before the building operations hereby permitted are commenced, samples and details of the proposed external materials shall be submitted to and approved in writing by the Local Planning Authority and no external materials shall be used other than those approved.

REASON: To ensure that the external appearance of the building is satisfactory in accordance with Policies GEN3 and C2 and Appendix 2 of the Three Rivers Local Plan 1996 - 2011.

C4Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment No 2) Order 2008, no windows/dormer windows or similar openings [other than those expressly authorised by this permission] shall be constructed in the elevations or roof slopes of the extension/development hereby approved.

REASON: To safeguard the residential amenities of neighbouring properties in accordance with Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996 – 2011

C5Before the first occupation of the building/extension hereby permitted the windows in the ground and first floor flank elevations shall be fitted with purpose made obscured glazing and shall be top level opening only at 1.7m above the floor level of the room in which the window is installed. The door to the flank shall also be fitted with purpose made obscure glazing. The windows shall be permanently retained in that condition thereafter.

REASON:To safeguard the amenities of the occupiers of neighbouring residential properties in accordance with Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996 - 2011.

C6No development shall take place until details of the existing site levels and the proposed finished floor levels and sections of the proposed buildings have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

REASON: In order to ensure a satisfactory form of development relative to surrounding buildings and landscape and to meet the requirements of Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996 – 2011.

C7Immediately following the implementation of this permission, notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment No 2) Order 2008 (or any other order revoking and re-enacting that order with or without modification) the following Classes of Schedule 2 of the Order as amended are withdrawn.

Part 1

Class A – enlargement, improvement or other alteration to the dwelling

Class B – enlargement consisting of an addition to the roof

Class C – alteration to the roof

Class E – provision of any building or enclosure

Class F – any hard surface

No development of any of the above classes shall be constructed or placed on any part of the land subject of this permission.

REASON: To ensure adequate planning control over further development having regard to the limitations of the site and neighbouring properties and in the interests of the visual amenities of the site and the area in general, in accordance with Policies GEN1, GEN3 and Appendix 1 and Appendix 2 of the Three Rivers Local Plan 1996 – 2011.

C8No trees, hedgerows or shrubs within the curtilage of the site, except those shown on the approved plan(s) or otherwise clearly indicated in the approved details as being removed, shall be felled, lopped or pruned, nor shall any roots be removed or pruned without the prior consent of the Local Planning Authority during development and for a period of five years after completion of the development hereby approved. Any topping or lopping approved shall be carried out in accordance with BS 3998 (Recommendations for Tree Works) 1989. Any trees, hedgerows or shrubs removed or which die or become dangerous, damaged or diseased before the end of a period of five years after completion of the development hereby approved shall be replaced with new trees, hedging or shrub species (of such size species and in such number and position as maybe agreed in writing), before the end of the first available planting season (1st November to 31st March) following their loss or removal.

REASON:The existing trees/hedgerows/shrubs represent an important public visual amenity in the area in accordance with Policies N15, N16, D6 and Appendix 2 of the Three Rivers Local Plan 1996-2011,

C9No operations (including tree felling, pruning, demolition works, soil moving, temporary access construction, or any other operation involving the use of motorised vehicles or construction machinery) shall commence on site in connection with the development hereby approved until the branch structure and trunks of all trees shown to be retained and all other trees not indicated as to be removed and their root systems have been protected from any damage during site works, in accordance with a drawing no. 1-38-2566/P2 Rev. B This scheme shall accord with BS5837 (Trees in Relation to Construction) 2005.

The protective measures, including fencing, shall be undertaken in accordance with the approved scheme before any equipment, machinery or materials are brought on to the site for the purposes of development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within 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. No fires shall be lit or liquids disposed of within 10.0m of an area designated as being fenced off or otherwise protected in the approved scheme.

REASON: In the interests of visual amenity and in accordance with Policies GEN3, N15, N16 and Appendix 2 of the Three Rivers Local Plan 1996-2011.

C10No development or other operation shall commence on site until a scheme (herein called the Approved Method Statement of Arboricultural Works Scheme) which indicates the construction methods to be used in order to ensure the retention and protection of tree, shrubs and hedges growing on or adjacent to the site has been submitted to and approved in writing by the local planning authority.

No operations shall commence on site in connection with the development hereby approved (including tree felling, pruning, demolition works, soil moving, temporary access construction, or any other operation involving the use of motorised vehicles or construction machinery) until the tree protection works required by the approved scheme are in place on site.

DRIVEWAY RE-INFORCEMENT

The method outlined below shall apply in zone outlined green on plan 1-38-2566/P2 Rev. B. No reduction of levels shall take place. No wheeled or tracked machinery shall be used, except if standing on completed formation as outlined below. A 2D geogrid such as ‘Tensar’ type and with a grid size capable of retaining the no-fine aggregate shall be laid directly on the ground surface, overlaid by ‘Neoweb’ 100, 150 or 200mm deep, depending on envisaged loads backfilled with 40-60mm, CLEAN STONE – NO FINES. A coarse shingle/gravel layer can be placed directly over this. (Geotextile materials are available from e.g., Civils and Lintels : several nationwide branches) Total thickness over existing ground level can thus be as little as 130mm up to 200mm. 30-40mm surcharge of aggregate can be applied to protect the upstanding cell walls if there is a delay in laying the wearing course, for example during main build phase. Edge restraint shall be formed from timber baulks (e.g. railway sleepers) pinned to the substrate with 25mm dia. re-bar or similar.

The fencing or other works which are part of the approved scheme shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials removed from the site, unless the prior approval of the local planning authority has first been sought and obtained.

REASON: In the interests of visual amenity and in accordance with Policies GEN3, N15, N16, D6 and Appendix 2 of the Three Rivers Local Plan 1996-2011.

C11No development or other operation shall commence on site until a method statement has been submitted to and approved in writing by the Local Planning Authority. This method statement shall include details of timetables of works, method of demolition, removal of material from the site, importation and storage of building materials on the site, details and depths of underground service routes, methods of excavation and construction methods, in particular where they lie close to trees. The construction methods to be used shall ensure the retention and protection of trees, shrubs and hedges growing on or adjacent to the site. The development shall only be implemented in accordance with the approved method statement.

Supervision by an arboriculturist shall take place at key points in the construction process, and additionally whenever required by the architect or LPA. These key stages are :

(1)At site possession by contractor, outline all tree protection measures with site agent and resolve any issues arising. Ensure remedial tree work including any minor accommodatory tree work required for erection of scaffolding near trees is carried out to specification and sign off. Ensure protective fencing is erected and completed as proposed. Ensure site huts, mixing sites for mortars, disposal-to-skip sites, etc., are located appropriately, and sign off.

(2)Supervise lifting of hard surfacing near trees.

(3)Supervise laying of geotextile combination ground protection and sign off.

(4)Attend as required to supervise digging for and the laying of lighting cable ducts or services.

(5)Approve timing of removal of protective fencing (post main phase) and sign off.

Note it is also necessary for the applicant to provide details of the construction access, delivery and storage of materials on site, and to restrict the size of delivery vehicles using the site.

REASON: To protect the visual amenities of the area, trees and to meet the requirements of Policies GEN3, N15, N16, D6 & Appendix 2 of the Three Rivers Local Plan 1996 - 2011.

C12No development shall commence until details for energy saving measures and a sustainability design and management plan for the site have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to occupation of the development and permanently maintained thereafter.

REASON: To ensure that the development meets the requirements of Policy GEN1 and Appendix 1 of the Three Rivers Local Plan 1996 – 2011 and to make as full a contribution to sustainable development principles as possible.

C13The development shall not be occupied until the scheme for garaging, parking and manoeuvring has been laid out and constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. That area shall be maintained in accordance with the approved details thereafter and not be used for any other purpose.

REASON: To enable vehicles to draw off, park and turn clear of the highway to minimise danger, obstruction and inconvenience to users of the adjoining highway in accordance with Policies T7 and T8 of the Three Rivers Local Plan 1996-2011

C14The development shall not begin until details of the disposal of surface water from the parking area have been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the works for the disposal of surface water have been constructed in accordance with the approved details.