Agenda item

Recommended for Approval.

Mr Findlay addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that subject to the applicant or successor in title entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of application 3/14/2023/OP, outline planning permission be granted subject to the conditions detailed in the report now submitted.

The Director also recommended that should the legal agreement referred to above not be completed and a planning decision issued prior to 6 April 2015, authority be delegated to the Head of Planning and Building Control, in consultation with the Chairman of this Committee, to alter and amend the details of the service areas to which funding available as a result of this development was to be assigned, to ensure that any resulting legal agreement was compatible with the appropriate Community Infrastructure Levy (CIL) Regulations applicable from that date.

Councillor M Newman stated that he had been as positive as he could be when he had been approached by the applicant regarding this planning application.  He confirmed that the Authority had considered the applicant’s proposal in a positive and proactive manner.

Councillor Newman highlighted the issue of whether or not there was a noise nuisance from Hunsdon Skips.  He emphasised that Sworders were currently working on a new noise and vibration management plan which would contain mitigation measures specifically for Hunsdon Skips.

Councillor Newman referred to the details contained in the current Environment Agency (EA) noise management plan with particular emphasis on the pledge that noisier machinery would be operated at more sociable hours.  He pointed out that the EA had stressed that it was committed to bringing the site back into compliance.

Councillor Newman stated that there were two principal complainants who had been active in respect of this application.  He detailed the current occupancy situation regarding the affected cottages.  He suggested that the residents of Tanners Way were unlikely to go through the process of registering as complainants as they were mostly elderly and many were hard of hearing.

Councillor Newman stressed that Hunsdon Parish Council were concerned that the submitted noise assessment was not representative of the level of activities at Hunsdon Skips.  The Parish Council had therefore requested that Members commission a noise consultant to ensure a proper independent assessment was undertaken.

Councillor Newman concluded that there was widespread concern regarding the impact of this application on the village.  He stated that the noise assessment was indicative of the type of noise but did not accurately reflect the intensity due to the number of machines in operation during the assessment.  He read out a verbatim noise diary that had been completed by a resident.

Councillor P Moore stated that she had observed 7 lorry movements during the 30 minutes she was at the site and this had equated to roughly one movement every 4 minutes.  She referred to the emphasis on quality of life in the emerging District Plan.  She stated that Hunsdon Skips already had a detrimental impact on the nearby residents and she was very concerned regarding the quality of life for existing and future residents. 

Councillor K Crofton agreed and stated that the noise would be continuously on the limit of acceptability and could exceed this.  Councillor J Jones commented that he did feel that noise from Hunsdon Skips was that big an issue and he had heard more noise from the road.  He believed that a condition in respect of acoustic fencing would alleviate noise.

Councillor D Andrews referred to the issue of much needed housing and Councillor G Williamson referred to the lack of employment as well as a lack of sustainable transport.  The Director emphasised that the Committee should limit their deliberations as to whether the environment was acceptable for the proposed development and whether the surroundings were appropriate for potential residents.

Councillor M Alexander referred to paragraph 2.4 of the report.  He stated that building control regulations should control the issue of internal noise but he was concerned that potential future occupants would be unable to enjoy their gardens.

In response to a query from Councillor G Jones regarding the Community Infrastructure Levy (CIL), the Director referred Members to the Additional Representations Summary and the comments of the Hertfordshire County Council Planning Obligations Team.  The Director referred the Committee to paragraphs 2.4 and 2.5 of the report and Members were advised that acceptable noise levels were readily achievable internally and acoustic fencing would ensure acceptable amenity in residential gardens.

Councillor M Newman proposed and Councillor M Alexander seconded, a motion that application 3/14/2023/OP be deferred to enable further exploration of the relevant noise assessment issues and to allow consideration of the conclusion of site management arrangements through the Environment Agency processes.

After being put to the meeting and a vote taken, this motion was declared CARRIED.  The Committee rejected the recommendations of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/14/2023/OP, planning permission be deferred to enable further exploration of the relevant noise assessment issues and to allow consideration of the conclusion of site management arrangements through the Environment Agency processes.