Agenda item

Recommended for Approval.

The Head of Planning and Building Control recommended that in respect of application 3/17/0645/FUL, subject to a legal agreement, planning permission be granted subject to the conditions detailed in the report now submitted.

 

The Head detailed the additional representations and advised that the condition 20 should be deleted as a landscaping scheme had now been submitted.  Condition 18 should also be deleted and replaced with 3 new conditions as requested by Hertfordshire Ecology.

 

The Head confirmed that the application had been significantly amended to reduce the number of units from 64 to 51 whilst increasing the proposed parking provision.  Members were referred in particular to paragraphs 8.12 to 8.17 of the report submitted.  The Head also referred to the highways impact, parking provision as well as cycle and pedestrian route improvements.

 

Mr Stevenson addressed the Committee in objection to the application.  Mr Smith spoke for the application.  Councillors J Goodeve and M Stevenson both addressed the Committee as local ward Members.

 

Councillor D Oldridge stated that he appreciated that there had been a lot of potential concerns regarding traffic on Ware Road.  He commented however, that he had also heard a number of positive things in respect of the proposed development.  He referred to the 52 cycle storage spaces and 39.2% affordable housing and emphasised that Hertfordshire Highways appeared to be satisfied with the traffic situation.

 

Councillor D Andrews bemoaned the loss of an employment site.  He commented however, that residential development seemed to be perfectly sensible seeing as the location seemed to have run its course as an employment use.  The site also seemed to be very sustainable due to the 20 minute walkable proximity of Ware train station which was not too onerous weather permitting.

 

Councillor D Andrews emphasised that Councillor D Oldridge had made the point about double lines but these had the side effect of displacing car parking problems elsewhere.  He expressed concerns that the NHS had no apparent interest in securing any funding for healthcare provision in respect of the proposed development.

 

Councillor P Ruffles proposed and Councillor P Boylan seconded, a motion that in respect of application 3/17/0645/FUL, the Committee support the recommendation for approval subject to the amended conditions now detailed.

 

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 amended conditions now detailed.

 

RESOLVED – that in respect of application 3/17/0645/FUL, planning permission be granted subject to a legal agreement and the following amended conditions:

 

1              Three year time limit (1T12)

 

2              Approved plans (2E10)

 

3              Levels (2E05)

 

4              Boundary walls and fences (2E10)

 

5              Samples of materials (2E12)

 

6              Lighting details (2E27)

 

7              Communal TV facilities (2E28)

 

8              Cycle parking facilities (2E29)

 

9              Contaminated land survey and remediation (2E33)

 

10        Hard surfacing (3V21)

 

11        The development shall not be occupied until details of a Travel Plan for the development as a whole has been submitted to and agreed in writing by the Local Planning Authority. The plan shall make provision for relevant surveys, review and monitoring mechanisms, targets, further mitigation, timescales, phasing programme and on-site management responsibilities. It shall be implemented and subject to regular review in accordance with the above approved details.

 

Reason: To ensure that the development traffic is within the predicted levels in TA, to promote sustainable transport measures and maintain the free and safe flow of traffic.

 

12        Before the commencement of development hereby approved, all access and junction arrangements shall be completed in accordance with the approved plans, and constructed to the specification of the Highway Authority and to the satisfaction of the Local Planning Authority. Concurrent with the construction of the access, visibility splays of a minimum of 2.4m x 45m (left) and 2.4m x 49m (right) shall be provided and permanently maintained within which there shall be no obstruction to visibility between 600mm and 2m above carriageway level.

 

Reason: To ensure that the access is constructed to the specification of the Highway Authority and to provide adequate visibility splays in the interests of highway safety.

 

13        Prior to first occupation of the development hereby approved, the access roads and parking areas shown on the approved plans shall be provided and permanently maintained.

 

Reason: To ensure adequate provision of parking in accordance with Policy TR7 of the East Herts Local Plan April 2007.

 

14        Access gradient 1 in 20 (3V12)

 

15        Existing access closure (3V05)

 

16        Prior to the commencement of development hereby approved, a Construction Management Plan (CMP) shall be submitted to and approved in writing by the Local Planning Authority. The CMP shall identify details of:

 

·              Phasing of the development;

·              Methods of accessing the site;

·              Construction vehicle routing and numbers;

·              Location and details of wheel washing facilities;

·              Details of parking and storage areas clear of the highway;

·              Environmental management details including hours of working, the mitigation of noise and dust and any other matters covered under BS5228.

 

The development shall thereafter be implemented in accordance with the approved details.

 

Reason: To minimise the impact of construction on the highway network, neighbouring occupiers and the environment.

 

17        No development shall take place until a detailed drainage strategy has been submitted to and approved in writing by the local planning authority. The scheme shall include:

 

·              Resilient final drainage strategy shown on a drawing overlaid to the final layout and supported by the detailed drainage calculations carried out for all rainfall events up to and including the 1 in 100 year event + climate change.

·              The location, extent and depth of any informal flooding of the site above 1 in 30 year rainfall event shown on a layout plan to confirm they are safely contained within the site. In addition any exceedance routes proposed for flood management on the site should be also shown on the final plan.

·              Full detailed engineering drawings of all the proposed SuDS measures in line with the latest edition of the SuDS Manual by CIRIA

·              A management and maintenance plan for the all the SuDS features and structure must be submitted and shall include arrangements to secure the operation of the scheme throughout its lifetime. It shall be supported by a full set of as-built drawings, a post-construction location plan of the SuDS components cross-referenced with a maintenance diagram.

 

The development shall thereafter be implemented in accordance with the approved details before the development is completed.

       

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water.

 

18        No above ground development shall take place until a scheme for protecting the proposed dwellings from noise from road traffic has been submitted to and approved in writing by the Local Planning Authority. The scheme shall follow the recommendations of the Grant Acoustics report ref: GA-2016-0013-R1-RevB dated 24^th May 2017. The development shall thereafter be implemented in accordance with the approved details.

 

Reason: To safeguard the amenity of future occupiers in accordance with Policy ENV25 of the East Herts Local Plan April 2007.

 

19        Landscape works implementation (4P13)

 

20        Piling works (2E39)

 

21        Prior to the commencement of above ground development, a Biodiversity Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall detail measures to incorporate biodiversity enhancements as part of the development such as bat, bird and other habitat boxes or integrated units. The approved details shall thereafter be implemented and maintained.

 

Reason: To secure biodiversity enhancements in accordance with Policy ENV17 of the East Herts Local Plan April 2007.

 

22        Prior to the commencement of development (including further site clearance), a badger walk-over survey of the site and any accessible area within 30 metres of the site shall be carried out by a suitably qualified ecologist, and details including an assessment of the impact of the development and any appropriate mitigation measures to alleviate such impacts shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

 

Reason: To safeguard protected species during construction in accordance with Policy ENV16 of the East Herts Local Plan Second Review April 2007 and national legislation.

 

23        Prior to the clearance of any suitable reptile habitat on the site (grassland and scrub), a presence/likely absence reptile survey shall be carried out between late March and September (inclusive) by a suitably qualified ecologist. A report of the findings, including a suitable mitigation strategy and named receptor site if required should reptiles be found, shall be submitted to and approved by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

 

Reason: To safeguard species during construction in accordance with Policies ENV16 and ENV17 of the East Herts Local Plan Second Review April 2007 and national legislation.

 

Informatives

 

1.           Other legislation (OL01)

 

2.           Street naming and numbering (19SN)

 

3.           The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission does not provide a defence against prosecution under this Act.

 

4.           The applicant is advised that in order to comply with this permission it will be necessary to enter into an agreement will Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and associated road improvements.

 

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.