Agenda item

Recommended for Approval

Mr Gimblett addressed the Committee in support of the application.

The Head of Planning and Building Control recommended that in respect of application 3/16/1252/FUL, planning permission be granted subject to the conditions detailed in the report now submitted.  The Head stated that the application was for a number of changes to access arrangements to the site known as Area of Special Restraint (ASR) 5 which formed part of the wider area known as Bishop’s Stortford North.

Members were advised that Hertfordshire County Council (HCC) had sought to maximise the education provision across all of the ASR sites.  The Head detailed the current thinking of HCC in terms of an optimal solution for education provision which included a 2 form entry (2FE) school as part of ASRs 1-4 plus a further 3FE school to the south-west of this site.

The Committee was advised that, following discussion between Officers, the applicant and representatives of the County Council, further amendments to the application had been forthcoming.  The Head detailed the amendments and stated that Officers had also worked with the applicant regarding the conditions and it was suggested that conditions 3 and 5 be deleted with condition 6 amended as detailed in the additional representations summary.

The Head confirmed to Councillor J Goodeve that further modelling work had confirmed that the concerns of Hertfordshire Constabulary, in respect of ensuring that motorists behaved appropriately regarding the proposed speed limits, had now been met.

Councillor D Oldridge was assured that the issue of car parking linked to the proposed 3FE school would be addressed when that application was submitted.  After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Head of Planning and Building Control as now submitted.

RESOLVED – that in respect of application 3/16/1252/FUL, planning permission be granted subject to the following amended conditions:

(1)     Three year time limit (1T121)

(2)     Approved plans (2E103)

(3)     Prior to commencement of any development relating to the new T junction access to Hazelend Road, as shown on approved drawing E3321/731J and E3321/615/K, details of earthworks (to create visibility splays) as shown on the aforementioned drawings shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the proposed grading and mounding of the resultant embankment, including levels and contours. The development shall be carried out in accordance with the approved details and completed not later than the first use of the new access hereby enabled.

Reason: In the interests of the appearance of the development in accordance with policies ENV1 and ENV2 of the East Herts Local Plan Second Review April 2007, policy DES3 of the pre-submission East Herts District Plan and highway safety.

(4)     All hard and soft landscape works shall be carried out in accordance with the approved drawings. Any trees or plants that, within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved, unless the Local Planning Authority gives its written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscaping in accordance with the approved designs, in accordance with policies ENV1 and ENV2 of the East Herts Local Plan Second Review April 2007, policy DES3 of the pre-submission East Herts District Plan and national guidance in section 7 of the National Planning Policy Framework.

(5)     Details of the arrangements to be implemented to secure the subsequent maintenance of all landscaped spaces provided as part of the development shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the residential units approved under application 3/13/0886/OP (or any subsequent amended or alternative application).  Once agreed, those arrangements shall be implemented as such and applied as soon as any landscape space has been set out.

Reason: To ensure the provision of amenity afforded by the proper maintenance of new landscape features in accordance with policy ENV2 of the East Herts Local Plan Second Review April 2007.

(6)     No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.  The development shall thereafter be carried out in accordance with the approved scheme.

Reason: To secure the protection of and proper provision for any archaeological remains in accordance with policies BH2 and BH3 of the East Herts Local Plan Second Review April 2007, policy HA3 of the pre-submission East Herts District Plan and the NPPF.

(7)     Prior to the commencement of development a Construction Environmental Management Plan as detailed in the Environmental Statement Volume 3, Technical Appendix H to Chapter 7 Traffic and Transport Assessment (Terence O’Rourke, May 2013) submitted with the outline planning permission (3/13/0886/OP) must be submitted to and approved in writing by the Local Planning Authority.  In particular, the Plan shall address the measures detailed in paragraphs 7.3 to 7.21.  Thereafter the measures shall be implemented as approved.

Reason: To protect the amenities of adjoining development and to comply with Policy ENV24 of the East Herts Local Plan Second Review April 2007.

(8)     Any suspected contamination that becomes evident during the development of the site shall be brought to the attention of the LPA and appropriate mitigation measures agreed and implemented.

Reason: To minimise and prevent pollution of the land and the water environment in accordance with section 11 of the National Planning Policy Framework

(9)   In connection with all site demolition, site preparation and construction works, no plant or machinery shall be operated on the site before 07:30 hrs on Monday to Saturday, nor after 18:30 hrs on weekdays and 13:00 hrs on Saturdays, nor at any time on Sundays or bank holidays.

Reason: To safeguard amenity of residents of nearby properties, in accordance with policies ENV1 and ENV24 of the East herts Local Plan Second Review April 2007.

Informatives

(1)     This permission enables the construction of new and realigned road junctions to Farnham Road and Hazelend Road to enable the development of land at ASR5, Bishop’s Stortford for residential and other purposes.  Planning permission for the development of site ASR5 has been granted under Local Planning Authority ref 3/13/0886/OP dated 1 June 2016.  The commencement of development under this permission (3/16/1252/FUL) does not represent the commencement of development of permission 3/13/0886/OP and the conditions applied to that permission and the associated legal obligation agreement do not come into force as a result.  However, in order to enable any further development of the ASR5 site beyond the access arrangements hereby granted planning permission there will be a requirement for either the approval of reserved matters applications following permission 3/13/0886/OP or new freestanding full planning permissions.  In those circumstances, the conditions applied to 3/13/0886/OP and the associated legal planning obligation agreement will come into force, or will be replaced by similar arrangements, which the Local Planning Authority will seek to enforce in full.

(2)     Ground water source protection (28GP)

(3)     Approval for works to the highway (06FC)

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 is that permission should be granted.