Agenda item

Recommended for Approval.

The Head of Planning and Building Control recommended that in respect of application 3/18/0263/FUL, planning permission be granted subject to the conditions detailed in the report now submitted.

 

The Committee was invited to note the detail in the additional representations summary.  The Head summarised the application and detailed a number of relevant issues for Members to consider. 

 

The Head advised that the site was located within the conservation area and built up area of Much Hadham where the principle of development was acceptable.  The proposed dwellings would have individual driveways with access from Walnut Tree Close.  The Head detailed some of the building materials to be used, the detail of which were covered by a condition requiring samples to be submitted to and approved by Officers.

 

The Head advised that no objections had been received from statutory consultees and there had been no adverse comments from the Conservation Officer.  The Head highlighted a number of suggested conditions as detailed in the report.  Officers considered that the proposed development was in compliance with both national and local policy and had been recommended for approval.

 

Mr Gilbert addressed the Committee in objection to the application.  Mr Clark spoke for the application.

 

Councillors D Andrews, J Kaye, J Jones, S Bull and T Stowe commented on a range of matters included the grade 2 star listed building, the widening of roads and the construction management plan, the nature of road improvement works including drainage and the ownership of the land in front of this site that was intended for parking but was not in the ownership of the applicant.  The Head confirmed that this land was not owned by the applicant meaning that permission from the landowner would be required before it could be used.

 

Councillors J Jones and T Stowe commented on the non-adopted road and whether this could be adopted by Hertfordshire Highways going forward.  The Head confirmed that as a private road was involved, Hertfordshire Highways would not be adopting this road.

 

The Head explained that concerns and issues regarding road surface works was a matter for the enforcement team as it related to a permission granted on land to the north of the application site.  Members were advised of the detail contained in the construction management plan.

 

The Head responded to a query from Councillor J Jones by stating that the proposed road surface would be a gravel surface and appropriate drainage was planned in line with the details of a previous planning application relating to land to the north of the application site. 

 

The Head confirmed to Councillor R Brunton that Hertfordshire Highways had commented on the application and had raised any objections.  Officers were not aware of whether Highways had visited the site.

 

Councillor P Ruffles commented on planning conditions and the protection of an ash tree as well as protection of hedgerows.  He referred in particular to paragraphs 8.25 and 8.27 of the report submitted.

 

The Head confirmed that the details regarding hard and soft landscaping in condition 4 would include the replacement hedge.  A further condition could be applied to cover the protection of all trees and hedges that were not detailed on the submitted plans to be removed.  The ash tree was protected as the site was in a Conservation Area meaning that consent would have to be sought from East Herts Council for its removal.

 

The Interim Legal Services Manager confirmed to Councillor R Brunton that any additional conditions could be included in a motion to support the recommendation from Officers.

 

Councillor R Brunton proposed and Councillor S Bull seconded, a motion that in respect of application 3/18/0263/FUL, the Committee support the recommendation for approval subject to an additional condition in respect of the retention and protection of trees and hedges.

 

After being put to the meeting and a vote taken, this motion was declared CARRIED.  The Committee accepted the recommendation of the Head of Planning and Building Control as now submitted, subject to the inclusion of an additional condition in respect of the retention and protection of trees and hedges.

 

RESOLVED – that in respect of application 3/18/0263/FUL, planning permission be granted subject to the following amended conditions:

 

1.           Three Year Time Limit (0IT12)

 

2.           Approved Plans (02E10)

 

3.           Samples of Materials (02E12)

 

4.           Notwithstanding the approved plans, 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)   Proposed finished levels or contours

(b)   Means of enclosure

(c)   Hard surfacing materials 

(d)   Planting plans, including details of replacement hedge planting

(e)   Written specifications (including cultivation and other operations associated with plant and grass establishment)

(f)    Details of the Sedum Roof

(g)   Schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate

(h)   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 (4P131)

 

6.           Tree/Hedge retention and protection (4P05)

 

7.           No development shall commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan. The Construction Traffic Management Plan shall include details of:

 

a.    Construction vehicle numbers, type, routing;

b.    Traffic management requirements;

c.     Construction and storage compounds (including areas designated for car parking);

d.    Cleaning of site entrances, site tracks and the adjacent public highway;

e.    Timing of construction activities to avoid school pick up/drop off times;

f.     Provision of sufficient on-site parking prior to commencement of construction activities;

g.    Post construction restoration/reinstatement of the working areas and temporary access to the public highway.

 

Reason: To ensure that the development takes place in a comprehensive manner having due regard for highway safety and capacity and to ensure that the impact of construction traffic on the local road network is minimised.

 

8.           No development shall take place within the proposed development site until the applicant, or their agents, or their successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted to the planning authority and approved in writing. This condition will only be considered to be discharged when the planning authority has received and approved an archaeological report of all the required archaeological works, and if appropriate, a commitment to publication has been made.

 

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.

 

9.           Prior to the first occupation of the development hereby permitted, the hardstanding areas used for the parking of vehicles shall be implemented in accordance with the approved plans and retained in that form thereafter and available for that specific use.

 

Reason: In the interests of satisfactory development providing suitable off street parking and in the interests of highway safety.

 

10.      Prior to commencement of the development hereby permitted, a scheme to deal with contamination of land and/or groundwater must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all of the following measures unless the Local Planning Authority dispenses with any such requirement specifically and in writing:

 

1.    A desk-top study carried out by a competent person to identify and evaluate all potential sources and impacts of land and/or groundwater contamination relevant to the site. The requirements of the Local Planning Authority shall be fully established before the desktop study is commenced and it shall conform to any such requirements. Copies of the desk-top study shall be submitted to the Local Planning Authority without delay upon completion.

 

2.    A site investigation shall be carried out by a competent person to fully and effectively characterise the nature and extent of any land and/or groundwater contamination and its implications. The site investigation shall not be commenced until

(i)    A desk-top study has been completed satisfying the requirements of paragraph (1) above;

(ii)   The requirements of the Local Planning Authority for site investigations have been fully established; and

(iii)  The extent and methodology have been agreed in writing with the Local Planning Authority.

 

Copies of a report on the completed site investigation shall be submitted to the Local Planning Authority without delay on completion.

 

3.    A written method statement for the remediation of land and/or groundwater contamination affecting the site shall be agreed in writing with the Local Planning Authority prior to commencement and all requirements shall be implemented and completed to the satisfaction of the Local Planning Authority by a competent person.

 

Once agreed the works shall be carried out in accordance with the approved details and retained in that form thereafter.

 

Reason: To minimise and prevent pollution of the land and the water environment and in accordance with policy ENV20 of the East Herts Local Plan Second Review 2007 and the national planning policy guidance set out in section 11 of the National Planning Policy Framework.

 

11.      Boundary Walls and Fences (2E071)

 

12.      No further windows (2E172)

 

13.      Construction hours of working (6N071)

 

Informatives:

 

1.           Other Legislation (01OL1)

 

2.           Ownership (02OW1)

 

3.           Archaeological Interest (04AI1)

 

4.           Street Naming and Numbering (19SN5)

 

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; the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).  The balance of the considerations having regard to those policies is that permission should be granted.