Agenda item

Recommended for Approval

Mr Rivers addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, subject to the referral of the application to the Secretary of State under the requirements of the Town and Country Planning (Consultation) (England) Direction 2009, in respect of application 3/13/0804/OP:

1.          In consultation with the Chairman of the Development Management Committee and the Head of Planning and Building Control, the Head of Democratic and Legal Services be authorised to complete a section 106 Agreement in accordance with the heads of terms as detailed in Essential Reference Paper ‘A’.

2.          in consultation with the Chairman of the Development Management Committee, the Executive Member for Community Safety and Environment, any two Members who represent Bishop’s Stortford wards and who are members of this Committee and the Head of Democratic and Legal Services, the Head of Planning and Building Control be authorised to make amendments to the heads of terms, the scale of financial contributions to be assigned to the various service areas referred to in the heads of terms and the service areas to which financial contributions should be assigned and the Head of Democratic and Legal Services be authorised to complete a section 106 Agreement as may be amended, in all cases to ensure a satisfactory development.

3.          upon completion of the section 106 Agreement in respect of application 3/13/0804/OP, planning permission be GRANTED subject to the conditions set out in Essential Reference Paper ‘B’, with amendments to conditions 38-40 to ensure a greater degree of monitoring of the traffic impact. The details of the amended conditions to be agreed in line with the following resolution; and

4.          in consultation with the Chairman of the Development Management Committee, the Executive Member for Community Safety and Environment plus any two Members who represent Bishop’s Stortford wards and who are Members of the Committee, in advance of the issuing of the planning permission, the Head of Planning and Building Control be authorised to add or remove conditions and directives and make such changes to the wording of them as may be necessary, to ensure clarity and enforceability, and to ensure a satisfactory development.

Councillor G Jones stated that he would like to see a timeline submitted that would guarantee the implementation of a completely sustainable development, as he was keen to avoid a situation whereby houses were completed without the completion of the appropriate supporting infrastructure.  He expressed concerns in respect of drainage design and the comments of the Landscape Officer.

Councillor Jones stated that he was seeking a deferral to ensure his concerns were addressed and further improvements made to the scheme.  He highlighted the possible increase in traffic due to the potential changes to the scheme.

Councillor N Symonds also expressed concerns regarding traffic impact and education provision.

The Director advised Members that the provisions of the Section 106 Legal Agreement would include a range of triggers to ensure that key infrastructure elements of the scheme would be delivered at certain stages of the development.

The Director confirmed that Hertfordshire Highways and Hertfordshire County Council had requested some very ambitious and early triggers for the delivery of highways and education infrastructure within the Legal Agreement.  The design and layout of the proposed schools would be considered through further planning applications.

Members were also advised that the scope of the proposals remained unchanged in that the scheme was for 2,200 houses and approving this application would not be approving a more significant development than Members had supported on 30 January 2014.

The Director pointed out that the flood risk issue was a balance between the most favourable designs in terms of soft drainage measures and the implementation of effective solutions.  Members were advised that Officers considered that the soft drainage solutions being proposed were significant.  The Landscape Officer would generally always seek to maximise the proposed  landscaping features of an application.

The Director set out that the use of green roof designs would mean a move way from traditional house designs and the implication of this could be more contemporary design which had not generally received support locally.  Officers were confident that all of the necessary safeguards were in place to ensure a satisfactory development.

In response to queries from Councillor A Burlton, the Director confirmed that no planning decision would be issued until the legal agreement had been signed.  The Director provided a detailed breakdown of the layout of the site including the play areas and primary education provision in the western neighbourhood.  Provision would be put in place to ensure the maintenance of the trees and minor unadopted roads.

Members were advised that, in endorsing the recommendation, they would be giving Officers the authority to achieve further minor changes to the scheme where these were considered to be improvements.  This would be subject to agreement with the Chairman, the Executive Member for Community Safety and Environment plus any two Bishop’s Stortford Members who were Members of the Committee.

The Director concluded that the issue of highway capacity had been covered on the basis that mitigation measures would be brought forward if traffic exceeded predicted levels.  Members were advised that, as per the previous decision of the Committee, further changes to the conditions regulating this matter were to be agreed with the appropriate Members. 

In response to comments from Councillors P Moore and D Andrews regarding traffic, access and flooding, the Director advised that Officers had significant control over the issues of traffic and access issues.  Officers were also satisfied that the concerns of the Environment Agency had been overcome and Members could be comfortable that the flood risk would be no greater than the status quo.

Councillor E Bedford stated that the applicant had been most helpful in engaging with Officers and residents.  He stated that he was confident that Officers would continue to be diligent in making sure that the conditions and Section 106 legal agreement would ensure a satisfactory development.

Councillor G Jones proposed and Councillor N Symonds seconded, a motion that application 3/13/0804/OP be deferred to enable the landscape scheme to be improved in line with the design principles of the applicant and to the satisfaction of the Landscape Officer and also the submission of further details in respect of drainage to the satisfaction of the Council’s engineer and the submission of a timeline that would guarantee the implementation of a completely sustainable development.

After being put to the meeting and a vote taken, this motion was declared LOST.  After being put to the meeting and votes taken, the Committee supported the recommendations of the Director of Neighbourhood Services as now detailed, subject to the referral of the application to the Secretary of State under the requirements of the Town and Country Planning (Consultation) (England) Direction 2009.

RESOLVED – that, subject to the referral of the application to the Secretary of State under the requirements of the Town and Country Planning (Consultation) (England) Direction 2009, in respect of application 3/13/0804/OP, the recommendations of the Director of Neighbourhood Services be approved as now detailed.