Case 3352742

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA

Dacorum Borough Council — appeal allowed

Outcome
Allowed
Decision date
14 July 2025
Authority
Dacorum Borough Council
Inspector
Bowden N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other Major Developments
Appellant
Tilbury Douglas Construction Ltd on behalf of the Department for Education
LPA reference
23/02876/MPI
ONS LPA code
E07000096
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 November 2024

Summary AI

The appeal is allowed due to the proposed development's compliance with policy CS12 of the Dacorum Core Strategy and provisions of the Framework. The inspector considered the visual effects and noise disturbance on neighbouring residents, concluding that the proposal would not result in unacceptable levels of visual intrusion or disturbance. Conditions have been imposed to mitigate potential adverse effects.

Generated from the decision letter — check against the original before relying on it.

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Page 1 · Chunk 0 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision Site visit made on 3 June 2025 by N Bowden BA(Hons) Dip TP MRTPI an Inspector appointed by the Secretary of State Decision date: 14 JULY 2025 Appeal Ref: APP/A1910/W/24/3352742 Blessed Cuthbert Mayne Roman Catholic School, Clover Way, Hemel Hempstead, Hertfordshire HP1 3EA • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Tilbury Douglas Construction Ltd (on behalf of the Department for Education) against the decision of Dacorum Borough Council. • The application Ref is 23/02876/MPI. • The development proposed is demolition of the existing school building and construction of new replacement school building with MUGA, all weather pitch, landscaping and parking. Decision 1.

Page 1 · Chunk 1 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision The appeal is allowed and planning permission is granted for demolition of the existing school building and construction of new replacement school building with MUGA, all weather pitch, landscaping and parking at Blessed Cuthbert Mayne Roman Catholic School, Clover Way, Hemel Hempstead, Hertfordshire HP1 3EA in accordance with the terms of the application, Ref 23/02876/MPI, and the plans and particulars submitted with it, subject to the conditions in the attached schedule. Preliminary Matters 2. Since the Council’s determination of the application and submission of the appeal, the National Planning Policy Framework (the Framework) has been revised (in December 2024). The changes to the Framework are not significant in the context of this appeal and are noted in the appellant’s final comments and I have therefore not sought additional observations from the parties in this regard. In this decision, references to chapters and paragraphs of the Framework relate to the most recent version. 3. Additional information, in the form of a second Noise Impact Assessment (NIA) (by Atune), was submitted with the appeal.

Page 1 · Chunk 2 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision This does not involve a substantial difference or a fundamental change to the application and there would be no procedural unfairness in my accepting this Assessment as the Council and third parties have had the opportunity to comment upon it. I have therefore taken it into account in reaching my conclusions here. Main Issues 4. The main issues are: 1) whether the proposed development would result in unacceptable levels of visual intrusion to the residents of homes on Betjeman Way, and https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision This does not involve a substantial difference or a fundamental change to the application and there would be no procedural unfairness in my accepting this Assessment as the Council and third parties have had the opportunity to comment upon it. I have therefore taken it into account in reaching my conclusions here. Main Issues 4. The main issues are: 1) whether the proposed development would result in unacceptable levels of visual intrusion to the residents of homes on Betjeman Way, and https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3352742 2) the effect of the proposed development on the living conditions of the occupants of Clover Way by reason of noise and disturbance with particular regard to the use of the All Weather Pitch outside school hours. Reasons Visual effects 5. The proposed new school building would be sited relatively centrally within the appeal site, further to the rear of the site than the existing building. The proposed building would be in closest proximity to numbers 38, 41 and 42 Betjeman Way. The appellant nominates the closest distance between the nearest homes (numbers 38 and 41) and the school building would be 28.86 metres. Number 38 would directly face a rear wing of the building whilst 41 is set at an angle offering an oblique view from the rear facing windows. A similar arrangement applies to number 42 albeit that this home is angled away from direct vantage of the school building. 6. The proposed school building is of an acceptable style and appearance in its own right. Whilst it is a clearly larger building than surrounding homes, this is to be expected of an educational establishment and is a far from uncommon feature in many residential areas.

Page 2 · Chunk 5 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision The building is taller than the houses along Betjeman Way but the separation distance means it does not loom over them in an oppressive manner. This separation distance is substantial and would not deprive the residents of Betjeman Way of a reasonable outlook. 7. I accept that the outlook from a number of properties would be altered through the new position of the school building. Moreover, parts of the grounds would be changed from landscaped areas to parking along with the outdoor areas for sport and recreation being relocated. However, none of these proposals result in the school building becoming intrusive or overbearing. 8. Betjeman Way is located to the north of the proposed building. The appellant indicates that there may be a loss of some direct light during winter months when the sun is low on the horizon. This however would be a very limited effect for a small part of the year where, in all likelihood, diffuse light through cloud cover is a more common source of natural light. 9. As such, whilst I appreciate that the outlook and views from a number of properties along Betjeman Way would be altered, I am unable to conclude that this would result in visual intrusion.

Page 2 · Chunk 6 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision It therefore follows that the proposal complies with policy CS12 of the Dacorum Core Strategy (DCS) and provisions of the Framework insofar as it would avoid visual intrusion, loss of sunlight and daylight or loss of privacy and disturbance to the surrounding properties. Noise and disturbance 10. The reference to the All Weather Pitch (AWP) and Artificial Grass Pitch (AGP) has been used interchangeably in the application material and other documentation however this relates to the same thing. I have used the reference to the AWP in this decision for consistency and because this is what was stated on the application form. 11. The application was submitted with a NIA (by Bloc) in addition to the second NIA (by Atune) provided with the appeal. Both indicate noise exposure from the AWP https://www.gov.uk/planning-inspectorate 2

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3352742 and Multi-Use Games Area (MUGA) in combined use that may exceed 55 dB LAeq,1hour to properties within the block of flats at 10-15 Clover Way at certain times during use. The AWP would be acoustically screened from the nearest residential properties by a 3.5 metre acoustic barrier. This would, according to the Atune report, reduce noise levels to 50 dB LAeq,1hour at the nearest and most affected locations. 12. It was expressed by the Council that there was a particular concern about this noise intrusion outside of normal school hours when there was community use of the facility. I must be mindful here that the existing site has a lawful use as a school and that this part of the site is already laid to hardstanding. Moreover, this area has no restrictions on its hours of operation. Nevertheless, I am also conscious that this current hardstand area is not configured for sports and that such sports pitch layouts exist on other parts of the premises. This means that it is unlikely to be used at present for this purpose, particularly outside normal school hours. 13.

Page 3 · Chunk 8 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision Conditions were put forward in the Officer’s report to control the use of the AWP to those that could be reasonably considered as “school hours”. That is to say, not necessarily when the school would be operating normally for weekday educational purposes, but when school use of the AWP could reasonably take place, taking into account after school clubs and some limited weekend use. In this scenario, it does not appear to me that there would be a significantly greater amount of noise intrusion from the AWP and MUGA, combined, that could ordinarily take place at present. This is especially considering the additional acoustic screening around the AWP. 14. I do recognise that, in a worst-case scenario, there may be occasions where noise from raised voices and ball strikes would exceed 55 dB LAeq,1hour at the nearest properties. However, from the evidence presented to me, this would appear to occur on very limited occasions where environmental factors were such that noise would carry to its greatest extent. Furthermore, such occasions would be limited to strictly controlled hours and would occur at times of the day when neighbouring residents were likely to be least sensitive (i.e.

Page 3 · Chunk 9 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision during the day or early evening) to such intrusion. There would be no possibility of late-night intrusion due to the hours of use and, indeed, there being no floodlighting that could facilitate this. The site would be secured, in the interests of pupil safety and, therefore, the chances of unauthorised use by trespassers would be minimised. 15. I have considered the additional concerns relating to car doors slamming that were expressed by the Council. However, this type of activity is not uncommon on a suburban residential street. Although there may be a brief flurry of activity when people do arrive for sports matches, given the size of the AWP, this is unlikely to amount to a large number of people and vehicles and any additional noise intrusion from car doors slamming is likely to be fleeting and substantially less than a normal school drop-off or pick-up time. 16. In considering these matters, I have also been mindful that this proposal forms part of a wider school redevelopment and the overall enhancement to education that this would deliver. Further, the use of the facility outside school hours would also be of benefit to the local community in offering a sporting venue for community groups.

Page 3 · Chunk 10 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision These benefits are supported by the general principles set out in Chapter 8 of the Framework. https://www.gov.uk/planning-inspectorate 3

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision These benefits are supported by the general principles set out in Chapter 8 of the Framework. https://www.gov.uk/planning-inspectorate 3

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3352742 17. Therefore, I conclude that the proposal would accord with policy CS12 of the DCS and provisions of the Framework in that it avoids disturbance to the surrounding properties. Other Matters 18. In reaching my conclusions here I have been mindful of the views of local residents. Many of the issues of concern have been explored above and have been factored into my reasoning here. I have recognised that there will be a change in the nature of the outlook for neighbouring residents and that the profile of noise appreciated from people’s homes will change as a consequence of the reconfiguration of the site. However, ultimately, I must consider that the site has an established lawful use as a school and is unrestricted in terms of its hours of operation. There are conditions to be imposed in this decision which balance the interests of neighbours with the school and wider community. Conditions 19. The Council did not provide a schedule of conditions in relation to this appeal. Nevertheless, I have had regard to the conditions that were detailed in the Officers Report to the Planning Committee, and I have used these as a starting point.

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision A number of the conditions are pre-commencement conditions having regard to s100ZA of the Town and Country Planning Act 1990 (as amended) (the Act) and accordingly I have consulted the appellant with regard to their imposition. 20. Condition 1 is a general time limit condition to accord with the provisions of the Act. Condition 2 lists the approved plans for certainty. Condition 3 relates to landscaping of the development in the interests of the character and appearance of the area, environment and local biodiversity. 21. Conditions 4 to 6 (inclusive) relate to drainage and the manner of dealing with surface water to prevent flooding, manage surface water flow paths and for the storage and disposal of surface water from the site. 22. Ground contamination and the potential effects of this, in the interests of human health and the surrounding environment, are dealt with in conditions 7 to 9 (inclusive). 23. Condition 10 relates to the construction details of the MUGA and AWP. This is in the interests of sustainable construction methods and to ensure that it accords with Sport England guidance. 24. I have imposed condition 11 to minimise the acoustic effects of the development on neighbouring properties.

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision Without the inclusion of this acoustic barrier, the development may not have been an acceptable proposition. 25. I consulted the parties specifically on conditions 12 and 13 as these concern the acoustic effects of the AWP and MUGA, especially during their concurrent operation. It also concerns the hours of use of the MUGA. These conditions have been worded to allow for some flexibility in the use of the MUGA but, as a starting point, restrict its use to school related purposes only and largely within normal school hours (including possible after school clubs). https://www.gov.uk/planning-inspectorate 4

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision Without the inclusion of this acoustic barrier, the development may not have been an acceptable proposition. 25. I consulted the parties specifically on conditions 12 and 13 as these concern the acoustic effects of the AWP and MUGA, especially during their concurrent operation. It also concerns the hours of use of the MUGA. These conditions have been worded to allow for some flexibility in the use of the MUGA but, as a starting point, restrict its use to school related purposes only and largely within normal school hours (including possible after school clubs). https://www.gov.uk/planning-inspectorate 4

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3352742 26. I have restricted the use of the AWP to school hours, plus allowing for extended after school clubs or early evening community use in addition to some limited use at less sensitive times over the weekend. 27. Condition 15 is imposed so as to allow some community use of this valuable facility and the school without unduly compromising the living conditions of neighbours. 28. Taken together, conditions 11 to 15 limit those potential adverse effects from extended hours of operation whilst balancing the interests of the community. I appreciate that there may be some need for further discussion and adjustment relating to these but no doubt this can be resolved between all the relevant parties at a local level. 29. Conditions 16 and 17 relate to parking to ensure adequate and sufficient vehicle and cycle parking is available on the site whilst also encouraging more sustainable modes of travel through the creation of a Travel Plan. 30. Condition 18 is a construction management plan which is imposed here in the interests of the living conditions of neighbours and highway safety.

Page 5 · Chunk 17 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision The condition includes a provision on specifying hours of delivery and construction so as to minimise those times where there may be disruption to local residents and pupils. 31. Condition 19 is to ensure access to the site by emergency vehicles whilst also being mindful of ensuring site security. 32. Conditions 20 and 21 promote the use of electric vehicles in the interests of more sustainable means of travel. 33. I have imposed condition 22 to secure the maintenance, as far as possible, of all existing landscape features on the site having regard to the character and appearance of the area, environment and local biodiversity. 34. Finally, condition 23 relates to external lighting. This is to ensure that the living conditions of neighbours are not adversely affected by the development and in the interests of local wildlife. Conclusion 35. I have taken into account the benefits of the proposal in terms of enhancing the local education offering and providing community use of the site. This has been weighed against the adverse effects of the proposal on the living conditions of neighbours, but, I have not found these adverse effects to be so substantial so as to warrant a refusal of planning permission for this proposal.

Page 5 · Chunk 18 Appeal Decision

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — Appeal Decision Therefore, taking all material considerations into account, I conclude that the proposal complies with the provisions of the development plan and the material considerations do not indicate a decision other than in accordance with it. 36. Therefore, for the reasons given above the appeal should be allowed.

Page 5 · Chunk 19 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden INSPECTOR https://www.gov.uk/planning-inspectorate 5

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden INSPECTOR https://www.gov.uk/planning-inspectorate 5 Appeal Decision APP/A1910/W/24/3352742 Schedule of Conditions 1) The development hereby permitted shall begin before the expiration of three years from the date of this permission. 2) The development hereby permitted shall be carried out in accordance with the following approved plans/documents: PL02 Rev. P01 Location Plan PL04 Rev. P01 Whole Site Plan PL06 Rev. P01 Proposed Site Sections PL13 Rev. P01 Proposed Ground Floor Plan PL14 Rev. P01 Proposed First Floor Plan PL15 Rev. P01 Proposed Roof Plan PL16 Rev. P01 Proposed Elevations - East and West PL17 Rev. P01 Proposed Elevations - North and South PL18 Rev. P01 Proposed Building Sections ZG-DWG-0002311369-0GF-R01-241023 Ground Floor Lighting Layout ZG-DWG-0002311369-01F-R01-241023 First Floor Lighting Layout SRP1148-TER-00-XX-D-L-1003 Rev. P04 Site Landscaping Plan 1 SRP1148-TER-00-XX-D-L-1004 Rev. P04 Site Landscaping Plan 2 SRP1148-TER-00-XX-D-L-1005 Rev. P05 Whole Site Plan SRP1148-TER-00-XX-D-L-1010 Rev. P01 Sports Provision SRP1148-TER-00-XX-D-L-1011 Rev. P01 AWP/MUGA Acoustic Fence Arrangement SRP1148-TER-00-XX-D-L-1012 Rev. P01 Playing Pitch Layout SRP1148-HAL-01-XX-D-E-4011 Rev.

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden P02 Specialist Systems Environmental Strategy Drawing - GSHP SRP1148-HAL-01-XX-T-E-0008 Rev. P04 Lighting Strategy Report SRP1148-TER-00-XX-T-L-6001 Rev. P02 Outline Landscape Specification SRP1148-TER-00-XX-T-L-8001 Rev. 01 Landscape Management Plan (5 years) 3) No development associated with Phase 2 of the development, as set out on pages 10 & 11 of the Construction Phase Plan (SRP1148-TDC-XX-XX-T-X- 0003-ConstructionPhasePlan-P08), shall take place until a soft landscaping plan that includes number, size, species and position of trees, plants and shrubs has been submitted to and approved in writing by the Local Planning Authority. The planting must be carried out within one planting season of completing the development. Any tree or shrub which forms part of the approved landscaping scheme which within a period of 5 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. https://www.gov.uk/planning-inspectorate 6

Page 7 · Chunk 22 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden Appeal Decision APP/A1910/W/24/3352742 4) Prior to the commencement of development, in accordance with the submitted Drainage Strategy Statement (reference SRP1148-CAL-XX-XX-T-C-2000 P02, dated 03 November 2023), detailed designs of a sustainable surface water drainage scheme demonstrating how the entire site will be drained incorporating the following measures shall be submitted to and agreed with the Local Planning Authority. The approved scheme will be implemented prior to the first occupation of the development. The scheme shall address the following matters: a) Detailed infiltration testing in accordance with BRE Digest 365 (or equivalent) along the length and proposed depth of the proposed infiltration features. Or, if infiltration is proven to be unfavourable then greenfield runoff rates for the site shall be agreed with the Lead Local Flood Authority. The post development runoff rates will be attenuated to the equivalent Greenfield rate for all rainfall events up to and including the 1% Annual Exceedance Probability (AEP).

Page 7 · Chunk 23 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden The discharge location for surface water runoff will be confirmed to connect with the wider watercourse or sewer network and include: b) Provision of surface water attenuation and conveyance in full consideration of the SuDS hierarchy, sized and designed to accommodate the volume of water generated in all rainfall events up to and including the critical storm duration for the 3.33% AEP (1 in 30 year) and 1% AEP (1 in 100) rainfall events (both including allowances for climate change). c) Detailed designs, modelling calculations (using FEH 2013 or 2022, CV values of 1 and with half drain down times within 24 hours) and plans of the of the drainage conveyance network in the 3.33% AEP (1 in 30 year) critical rainfall event plus climate change to show no flooding outside the drainage features on any part of the site. 1% AEP (1 in 100 year) critical rainfall plus climate change event to show, if any, the depth, volume and storage location of any flooding outside the drainage features, ensuring that flooding does not occur in any part of a building or any utility plant susceptible to water (e.g. pumping station or electricity substation) within the development.

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden It will also show that no runoff during this event will leave the site uncontrolled. d) Plans to be submitted showing the routes for the management of exceedance surface water flow routes that minimise the risk to people and property during rainfall events in excess of 1% AEP (1 in 100) rainfall event plus climate change allowance. This will include surface water exceedance which may enter the site from elsewhere in excess of the 1 in 100 (1% AEP) rainfall event. e) Finished floor levels of buildings are a minimum of 300mm above expected flood levels of all sources of flooding (including any ordinary watercourses, SuDS features and within any proposed drainage scheme) or 150mm above ground level, whichever is the more precautionary. https://www.gov.uk/planning-inspectorate 7

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden Appeal Decision APP/A1910/W/24/3352742 f) Details of how all surface water management features to be designed in accordance with The SuDS Manual (CIRIA C753, 2015), including appropriate treatment stages for water quality prior to discharge. 5) No development shall commence until details and a method statement for interim and temporary drainage measures during the demolition and construction phases have been submitted to and approved in writing by the Local Planning Authority. This information shall provide full details of who will be responsible for maintaining such temporary systems and demonstrate how the site will be drained to ensure there is no increase in the off-site flows, nor any pollution, debris and sediment to any receiving watercourse or sewer system. The site works and construction phase shall thereafter be carried out in accordance with approved method statement, unless alternative measures have been subsequently approved by the Planning Authority.

Page 8 · Chunk 26 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden 6) Upon completion of the surface water drainage system, including any SuDS features, and prior to the first use of the development; a survey and verification report from an independent surveyor shall be submitted to and approved in writing by the Local Planning Authority. The survey and report shall demonstrate that the surface water drainage system has been constructed in accordance with the details approved pursuant to Condition 4. Where necessary, details of corrective works to be carried out along with a timetable for their completion, shall be included for approval in writing by the Local Planning Authority. Any corrective works required shall be carried out in accordance with the approved timetable and subsequently re-surveyed with the findings submitted to and approved in writing by the Local Planning Authority. 7) a) No development approved by this permission shall be commenced prior to the submission to, and agreement of the Local Planning Authority of a written Preliminary Environmental Risk Assessment Report containing a Conceptual Site Model that indicates sources, pathways and receptors.

Page 8 · Chunk 27 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden It should identify the current and past land uses of this site (and adjacent sites) with view to determining the presence of contamination likely to be harmful to human health and the built and natural environment. b) If the Local Planning Authority is of the opinion that the report which discharges condition (a), above, indicates a reasonable likelihood of harmful contamination then no development approved by this permission shall be commenced until an Intrusive Site Investigation Risk Assessment Report has been submitted to and approved by the Local Planning Authority which includes: i. A full identification of the location and concentration of all pollutants on this site and the presence of relevant receptors, and ii. The results from the application of an appropriate risk assessment methodology. c) No development approved by this permission (other than that necessary for the discharge of this condition) shall be commenced until a Remediation https://www.gov.uk/planning-inspectorate 8

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden Appeal Decision APP/A1910/W/24/3352742 Method Statement report; if required as a result of (b), above; has been submitted to and approved by the Local Planning Authority. d) This site shall not be occupied, or brought into use, until: i. All works which form part of the Remediation Method Statement report pursuant to the discharge of condition (c) above have been fully completed and if required a formal agreement is submitted that commits to ongoing monitoring and/or maintenance of the remediation scheme. ii. A Remediation Verification Report confirming that the site is suitable for use has been submitted to, and agreed by, the Local Planning Authority. 8) Any contamination, other than that reported by virtue of Condition 7 encountered during the development of this site shall be brought to the attention of the Local Planning Authority as soon as practically possible; a scheme to render this contamination harmless shall be submitted to and agreed by the Local Planning Authority and subsequently fully implemented prior to the occupation of this site.

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden Works shall be temporarily suspended, unless otherwise agreed in writing during this process because the safe development and secure occupancy of the site lies with the developer. Should no ground contamination be encountered or suspected upon the completion of the groundworks, a statement to that effect shall be submitted in writing to the Local Planning Authority prior to the first occupation of the development hereby approved. 9) No piling, deep foundations, or other intrusive groundworks (investigation boreholes/tunnel shafts/ground source heating and cooling systems) using penetrative methods shall be carried out until a "Foundation Works Risk Assessment Report" has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the approved details. 10) No development of the Multi-Use Games Area (MUGA) or the All Weather Pitch (AWP) hereby permitted shall commence until the design specifications of the MUGA and AWP, including details of surfacing, line marking and fencing have been submitted to and approved in writing by the Local Planning Authority.

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden The MUGA and AWP shall not be constructed other than in accordance with the approved details. 11) Prior to first use of the All Weather Pitch (AWP) hereby approved, the acoustic and weldmesh perimeter fences shown on drawing nos. SRP1148-TER-00-XX- D-L-1004 (Site Landscaping Plan 2),SRP1148-TER-00-XX-D-L-1005 (Whole Site Plan) and SRP1148-TER-00-XX-D-L-1011 (AWP/MUGA Acoustic Fence Arrangement) shall be erected and thereafter permanently retained. The acoustic fence shall be Jackson's Jackoustic or similar equivalent. The weldmesh fence shall be Dulok Sports Rebound or similar equivalent. 12) External community use of the Multi-Use-Games-Area (MUGA) hereby approved shall not commence until a noise assessment, including a scheme of noise mitigation (if required), has been submitted to and approved in writing by https://www.gov.uk/planning-inspectorate 9

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden Appeal Decision APP/A1910/W/24/3352742 the Local Planning Authority. The assessment shall demonstrate how significant adverse effects from noise to nearby residential occupiers are to be avoided and propose hours of external community use, informed by its findings. The assessment shall have regard to, amongst other things, the cumulative impact of noise generated by concurrent community use of the All Weather Pitch (AWP). The noise assessment and any required scheme of noise mitigation shall be prepared and compiled by an appropriately experienced and competent persons. Any external community use of the MUGA thereafter shall be carried out in accordance with the approved noise assessment and hours of use, including any noise mitigation measures identified as required, and the approved noise mitigation shall be implemented prior to first external community use of the MUGA and permanently retained thereafter for the duration of any external community use. 13) Use of the Multi-Use Games Area (MUGA) hereby permitted shall be restricted to use by the school and shall not include any external community use or lettings (unless otherwise approved in accordance with details to be agreed pursuant to Condition 12).

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Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden School use of the MUGA shall not take place other than between the hours of 08:00 - 18:00 on Monday to Friday (during school term time), and not at all on weekends, bank or public holidays. 14) Use of the All Weather Pitch (AWP) hereby permitted shall not take place other than between the hours of 09:00 - 19:00 on Monday to Friday; 09:00 - 15:00 on Saturday; 10:00 - 13:00 on Sundays, and not at all on bank or public holidays. 15) No use of the Multi-Use Games Area (MUGA) or the All Weather Pitch (AWP) hereby permitted shall commence until a community use agreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority, and a copy of the completed approved agreement has been provided to the Local Planning Authority. The agreement shall apply to the school hall, activity studio, MUGA, AWP and supporting ancillary facilities and include details of pricing policy, hours of use, access by non-educational establishment users, management responsibilities and a mechanism for review, and anything else which the Local Planning Authority considers necessary in order to secure the effective community use of the facilities.

Page 10 · Chunk 33 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden The development shall not be used at any time other than in strict compliance with the approved agreement. 16) Within one year of the completion of Phase 1 of the development, as set out on page 9 of the Construction Phase Plan (SRP1148-TDC-XX-XX-T-X-0003- ConstructionPhasePlan-P08), the on-site car and cycle parking and turning areas shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plans and retained thereafter for that specific use. 17) Prior to the first use of the development hereby permitted, a School Travel Plan prepared in consultation with Hertfordshire County Council will been submitted https://www.gov.uk/planning-inspectorate 10

Page 10 · Chunk 34 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden The development shall not be used at any time other than in strict compliance with the approved agreement. 16) Within one year of the completion of Phase 1 of the development, as set out on page 9 of the Construction Phase Plan (SRP1148-TDC-XX-XX-T-X-0003- ConstructionPhasePlan-P08), the on-site car and cycle parking and turning areas shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plans and retained thereafter for that specific use. 17) Prior to the first use of the development hereby permitted, a School Travel Plan prepared in consultation with Hertfordshire County Council will been submitted https://www.gov.uk/planning-inspectorate 10

Page 11 · Chunk 35 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden Appeal Decision APP/A1910/W/24/3352742 to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details. 18) Notwithstanding the details submitted, no development shall commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan. The Construction Management Plan shall include details of: a) Construction vehicle numbers, type; b) Access arrangements to the site; c) Traffic management requirements; d) Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas); e) Siting and details of wheel washing facilities; f) Cleaning of site entrances, site tracks and the adjacent public highway; g) Timing of construction activities (including delivery times and removal of waste). 19) Within 3 months of completion of the development, fire brigade / emergency services override switches shall be fitted to all electric gates within the site and permanently retained thereafter.

Page 11 · Chunk 36 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden 20) Within one year of the completion of Phase 1 of the development, as set out on page 9 of the Construction Phase Plan (SRP1148-TDC-XX-XX-T-X-0003- ConstructionPhasePlan-P08, Electric Vehicle Charging Points and associated infrastructure shall be provided in accordance with drawing SRP148-TER-00- XX-D-L-1004 and permanently retained thereafter. 21) No development associated with Phase 2 of the development, as set out on pages 10 & 11 of the Construction Phase Plan (SRP1148-TDC-XX-XX-T-X- 0003-ConstructionPhasePlan-P08), shall take place until full details of passive Electric Vehicle Charging provision have been submitted to and approved in writing by the Local Planning Authority. The passive provision shall be constructed in accordance with the approved details and permanently retained thereafter. 22) No development shall take place until full details of the tree protection measures for all trees and hedges to be retained has been submitted to and approved in writing by the Local Planning Authority.

Page 11 · Chunk 37 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden These measures shall be set out in a detailed Arboricultural Method Statement, which includes the specification, location and type of protective fencing, the timings for the erection and removal of the protective fencing, the details of any hard surfacing and underground services proposed within the root protection areas, all to be in accordance with the British Standard for Trees in Relation to Construction 5837: 2012, and the monitoring of tree protection measures during construction. All tree protective measures shall be carried out as set out in strict accordance with the approved Arboricultural Method Statement throughout construction. https://www.gov.uk/planning-inspectorate 11

Page 11 · Chunk 38 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden These measures shall be set out in a detailed Arboricultural Method Statement, which includes the specification, location and type of protective fencing, the timings for the erection and removal of the protective fencing, the details of any hard surfacing and underground services proposed within the root protection areas, all to be in accordance with the British Standard for Trees in Relation to Construction 5837: 2012, and the monitoring of tree protection measures during construction. All tree protective measures shall be carried out as set out in strict accordance with the approved Arboricultural Method Statement throughout construction. https://www.gov.uk/planning-inspectorate 11

Page 12 · Chunk 39 N Bowden

Blessed Cuthbert Mayne Rc School, Clover Way, HEMEL HEMPSTEAD, HP1 3EA — Dacorum Borough Council — N Bowden Appeal Decision APP/A1910/W/24/3352742 23) No exterior lighting shall be installed until a sensitive lighting scheme is submitted to and approved in writing by the local planning authority. The scheme should follow guidance from the Bat Conservation Trust and Institution of Lighting Professionals (2023), and be designed to minimise light spill, in particular directing light away from boundary vegetation to ensure that dark corridors remain for use by wildlife as well as directing lighting away from potential roost / nesting sites. The submitted details shall include, but not be limited to, a lighting statement that includes all information set out in paragraph A8.18 of Appendix 8 of the Dacorum Local Plan. The lighting shall thereafter be installed, operated and maintained in accordance with the approved particulars. End of Schedule https://www.gov.uk/planning-inspectorate 12

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Neutral
¶5

The proposed new school building would be sited relatively centrally within the appeal site, and the separation distance between the building and surrounding homes would not deprive residents of a reasonable outlook.

Ecology and biodiversity
Neutral
¶3

The changes to the Framework are not significant in the context of this appeal, and the inspector has therefore not sought additional observations from the parties.

Living conditions
Against appellant
¶10-15

The proposed development on the All Weather Pitch and Multi-Use Games Area may result in noise exposure to properties within the block of flats at 10-15 Clover Way. However, the inspector concludes that this would be a limited effect, and conditions have been imposed to mitigate potential adverse effects.

Living conditions
Against appellant
¶15

The inspector concludes that the additional noise intrusion from car doors slamming would be fleeting and substantially less than a normal school drop-off or pick-up time.

External appearance
For appellant
¶23

The inspector concludes that the sensitive lighting scheme would minimize light spill and direct light away from boundary vegetation, ensuring dark corridors remain for wildlife.

Policies relied on

Reference Weight
CS12 of the Dacorum Core Strategy
Determinative
Framework
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 12 pages, issued by the Planning Inspectorate on 14 July 2025 under the Open Government Licence.