Agenda item

Recommended for Approval.

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 3/14/1369/FP, 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 P Ruffles confirmed that he knew the site well and he was supportive of what was a well organised form of development.  He referred to a couple of minor factual errors on page 93 of the report.

Councillor Ruffles referred to paragraph 7.34 and emphasised that twice before, a footway had been promised but not delivered as part of planning applications in Hertford.  He emphasised that the public passage from Hertingfordbury Road to North Road had not been established by default as part of the construction of the showroom.

Councillor Ruffles commented that he would not want to see this path lost and he was also concerned that the path should not be gated.  He concluded that this had been a difficult application but the result would be a good place to live despite the absence of gardens.

The Director advised that condition 10 in the report would ensure that the new footpath through the site would be completed before the occupation of the residential units on this site.  Members were advised that a number of Hertfordshire Highways agreements would also be required to secure this footway route.

Councillor G Jones expressed concerns regarding the proximity of this site to the A414.  He stated however, that he was comforted by Councillor Ruffles’ greater knowledge and support in respect of this application.

Councillor G Jones queried what would happen if the applicant did not come forward with the unilateral undertaking in advance of the 6 April 2015 deadline.  The Director confirmed that Officers were asking for delegated authority to ensure that any resulting legal agreement was compatible with the appropriate CIL Regulations.

The Committee accepted the recommendations of the Director of Neighbourhood Services as now submitted.

RESOLVED – that (A) 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 3/14/1369/FP, planning permission be granted subject to the conditions detailed in the report now submitted; and

(B)   should the legal agreement referred to in recommendation (A) 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 CIL Regulations applicable from that date.