Agenda item

Recommended for Approval.

The Director of Neighbourhood Services recommended that in respect of application 3/15/1460/FUL, planning permission be granted subject to the conditions detailed in the report now submitted. 

The Director advised that the Town Council had now objected to the application on the basis that the proposals were out of keeping with the surrounding area.  Members were advised that the impact of the development would be mitigated by the existing soft landscaping and by additional proposed landscaping.  The Director concluded that, although the application was contrary to policy, Officers felt that it was acceptable as the container would be a valuable resource as regards the long term maintenance of Southern Country Park.

Councillor M Freeman expressed concern that the measures to mitigate the impact of the proposed development would make the container an attractive target for thieves and vandals.  He stated that there should be some stipulation for ultra-secure measures to prevent burglaries from occurring.

A number of Members expressed concern that a shipping container was an inappropriate feature to introduce to the landscape of Southern Country Park.  Members queried whether consideration had been given to a more appropriate means of storage.  The Director stated that the design had been chosen with security in mind and Members must weigh up the balance between harm and benefit when making their decision.

The Director advised that Members could apply a condition for a temporary permission as this application had been submitted for a permanent permission.  Members could also defer the application and either of those options would allow negotiation with the applicant regarding alternative options for storage.

Councillor J Cartwright proposed and Councillor K Brush seconded, a motion that conditions be applied that this would be a temporary permission for 18 months and also that the container would be used exclusively by the Friends of Southern Country Park.  A condition should also be applied that the external finish of the container should be one which reduced the potential for graffiti and vandalism.  Finally, the applicant be advised that if the use was required to continue beyond the temporary period, consideration should be given to the provision of a longer term structure of a more traditional design.

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

RESOLVED – that in respect of application 3/15/1460/FUL, planning permission be granted subject to the following amended conditions:

1.        Three Year Time Limit (1T12).

2.        Temporary permission – building (1T08) “30 April 2017”.

3.        Approved Plans (2E10).

4.        Landscape design proposals (4P12).

        Prior to the commencement of the development, full details of both hard and soft landscape proposals shall be submitted to and approved in writing by the Local Planning Authority. These details shall include, as appropriate: (a) Planting plans (b) Written specifications (including cultivation and other operations associated with plant and grass establishment) (c) Schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate (d) Implementation timetables. Thereafter the development shall proceed in accordance with the approved details.

Reason: To ensure the provision of amenity afforded by appropriate landscape design, in accordance with policies ENV1, ENV2 and ENV11 of the East Herts Local Plan Second Review April 2007.

5.        Landscape works implementation (4P13).

6.        Prior to the commencement of the development hereby permitted details of the external finish of the container shall be submitted to and agreed in writing by the local planning authority.  For the avoidance of doubt the external finish shall be one which aims to reduce the potential for graffiti and vandalism.  The development shall be carried out in accordance with the approved details.

Reason: In the interests of the appearance of the development and in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

7.        The development hereby permitted shall be used only for the purpose of storage of equipment for use by the Friends of Southern Country Park in connection with work at the Country Park.

Reason: For the avoidance of doubt as to the particular circumstances realting to the use of the site in accordance with policy GBC1 of the East Herts Local Plan Second Review April 2007.

Informatives:

1.        Other legislation (01OL)

2.        Public Rights of Way (18FD)

3.        The applicant is advised that if the use is required to continue beyond the temporary period hereby granted, consideration should be given to the provision of a longer term structure of more traditional design.

Summary of Reasons for Decision

East Herts Council has considered the applicant's proposal in a positive and proactive manner with regard to the policies of the Development Plan (Minerals Local Plan, Waste Core Strategy and Development Management Policies DPD 2012 and the 'saved' policies of the East Herts Local Plan Second Review April 2007); the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.  The balance of the considerations having regard to those policies and the very special circumstances evident in this case is that permission should be granted.