Agenda item

3/18/0432/FUL - Erection of Multi Storey Car Park (MSCP) over six levels providing 546 spaces, open air surface car parking for 27 spaces to the north of the car park. Erection of a 4 storey building with commercial use at ground floor and 15 residential flats arranged over the upper 3 levels, provision of open space and associated highway and public realm works. Provision of emergency vehicle access between adjacent Youth Services site and land to external parking area to north of MSCP. Removal of fence and retaining wall at for EHDC Car Park and land to north, Northgate End, Bishop's Stortford CM23 2ET for East Herts Council

Recommended for Approval

Minutes:

The Head of Planning and Building Control recommended that in respect of application 3/18/0432/FUL, planning permission be granted subject to the conditions detailed in the report now submitted.

 

The Principal Planning Officer, on behalf of the Head of Planning and Building Control, introduced the report and the reason for resubmission to the Committee following the judicial review process.  He detailed the location of the site in the North East corner of the Bishop’s Stortford conservation area.  Members were advised of a number minor amendments as detailed in paragraph 1.4 of the report submitted.  The Planning Officer advised that the only significant change as a result of amendments following the judicial review process was the deletion of the Multi Use Games Area (MUGA).

 

Members were advised that the application had been the subject of fresh consultation and Members were advised of the detailed policy background with particular reference to District Plan policy HA4 in respect of the character and appearance of conservation areas.  Members were also advised that the proposed 197 spaces was a net gain on a smaller footprint than the current surface level car park.

 

The Planning Officer commented at length in respect of the material planning issues as well as the planning balance. He referred to what Officers believed was a neutral impact and advised Members that a neutral impact was not harmful and this was backed up by case law.  The Head referred to the late representations summary and he advised that, if Members were supportive of the proposals, an additional informative was suggested that the applicant liaise with neighbours in respect of property access and safeguarding issues.

 

Mr Kratz addressed the Committee in objection to the application.  Miss Stephens spoke for the application.  Councillor J Wyllie addressed the Committee as a local Member.

 

Councillor D Andrews referred to the need for clarity in respect of the number of parking spaces and the proposed tenure of the affordable housing units.  Councillor J Kaye commented that the proposed development did not respect the colours used in nearby buildings.  He emphasised that the development would be useful to Bishop’s Stortford but would clearly not be welcomed by the residents of Yew Tree Place.

 

The Interim Legal Services Manager responded to a query from Councillor R Brunton in respect of the judicial review.  He stated that this was essentially the same application with the minor change of the deletion of the MUGA.  In his view the report had covered the issues raised by the high court judge.

 

The Head referred to the proposal for 40% affordable housing with shared ownership intermediate housing as being policy compliant.  He reiterated that it was not the role of Members in this Committee to consider alternative sites.  The site was located within flood risk zones 2 and 3 and the results of a flood risk assessment had indicated that the proposed mitigation measures would constitute an improvement in flood risk terms.  A sequential test in terms of suitable alternative sites in respect of the flood risk had been satisfactorily undertaken.

 

The Planning Officer stated that the applicant had sought to ensure that building materials would be in harmony with the brickwork that had already been used in the area such as that which could be seen in the nearby youth centre.  Members were advised that for schemes such as the Old River Lane development proposals, facilities and infrastructure were essential to the success of such proposals.

 

Members were advised that this corner of the Bishop’s Stortford conservation area was not extraordinary and an argument could be made that a surface level car park had a detracting influence.  The Head explained that any harmful impacts had to be balanced against the public benefits of proposed development.  He emphasised that Officers felt that the impacts of this application were neutral in respect of the character and appearance of the conservation area.

 

Councillor M Allen commented on condition 27 and the closure of the Causeway Car Park for public use.  In response to comments from Councillors P Boylan, B Deering and J Jones, the Head explained that a ground level car park such as the Causeway was not considered to be an asset in conservation terms.

 

Members were advised that a neutral impact in respect of the conservation area meant that the proposed development would not harm the conservation area and would therefore at least preserve it.  The impact of the proposals in relation to all relevant parts of policy HA4 of the District Plan had been set out in detail in the report.

 

The Head referred to the location of the nearby car dealership making it a prominent building in the public realm.  The proposed development car park building would be orientated north to south with narrow area of a visible frontage on the highway compared to the depth of the building.  The development would also be stepped down from 6 to 4 storeys adjacent to the Link Road frontage and, to the west, would be partially concealed by the commercial/ residential building.

 

The Head referred to condition 27 regarding the closure of the Causeway Car Park and explained that the proposed Multi Storey would become the principle car park motorists would be directed to so as to avoid motorists circulating around the town centre road network looking for a parking space and causing resultant congestion.

 

The Head stated that conservation areas across the district, including Bishop’s Stortford, had been subject to reassessment over the last 4 to 6 years.  Their importance was as a result of a mix of attributes and not just the built heritage.  The assessment report had not identified this application site location as being one which comprised an individually important site contributing to the character of the area.  He advised Members to take a view, in respect of the impact on the conservation area, which considered the quality of it as a whole.

 

The Interim Legal Services Manager advised that taking a conservation area as a whole, there were a number of ways of looking at a conservation area rather than in terms of simply considering the physical appearance of buildings.  Members should consider the application in terms of harm and the benefits.

 

Councillor M Casey proposed and Councillor R Brunton seconded, a motion that in respect of application 3/18/0432/FUL, the Committee support the recommendation for approval, subject to the conditions detailed in the report submitted and authority being delegated to the Head of Planning and Building Control in respect of formulating the conditions going forward.

 

After being put to the meeting and a vote taken, this motion was declared CARRIED.  The Committee supported the recommendation of the Head of Planning and Building Control as now submitted.

 

RESOLVED – that in respect of application 3/18/0432/FUL, planning permission be granted subject to the conditions detailed in the report submitted and authority being delegated to the Head of Planning and Building Control in respect of formulating the conditions going forward.

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