Agenda item

3/13/0813/OP – Recommended for Approval.

Katie Smith addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, subject to the applicant or successor in title signing a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of application 3/13/0813/OP, outline planning permission be granted subject to the conditions detailed in the report now submitted.

The Director referred Members to an additional representation from the Council’s Solicitor that had been summarised in the late representations summary.  The third element of the Section 106 legal obligation had been amended to cover a financial contribution towards Open Space provision to East Herts Council.

The Director also advised that the applicant had indicated that only trees of poor quality would be removed and all other trees would be retained and enhanced via replacement planting.

Councillor J Jones, as the local ward Member, referred to the 0.49 hectare site as being conveniently just below the threshold for affordable housing provision.  He stated that affordable housing was much needed in Buntingford and there was further land available to the west of the site.

Councillor Jones queried the latest round of marketing of the site in that there had been considerable interest in the site when it had been previously marketed in 2007.  He stated that this site included an area reserved primarily for industry comprising B1 and B2 uses in accordance with policy EDE1, as well as a smaller area to the east fronting Ermine Street which had been reserved for live/work units.

Councillor Jones stressed that what was really needed in Buntingford was employment, particularly in light of the significant housing developments Buntingford was facing in the near future.

Councillor Jones concluded that the application was premature and was contrary to policies EDE1 and BUN6 of the East Herts Local Plan Second Review April 2007.  Councillor S Bull commented that there were no figures in the suggested Section 106 legal obligations.  He referred in particular to an urgent need for additional cemetery space in Buntingford.

The Director stressed that, as this was an outline application, the exact figures for the Section 106 legal obligations could not be calculated until the reserved matters application was submitted.

Members were reminded that the provision of cemetery space was not an issue that was covered by East Herts planning policies on Section 106 legal obligations.

Councillor Bull referred to the Buntingford Town Council’s perspective in that the land was allocated in the East Herts Local Plan Second Review April 2007 as mixed use and therefore the principle of development was already established.  He stated that the Town Council had no objections to the proposed change of use but had requested that these proposals were considered in the wider context of any future development within Buntingford.

The Director confirmed that part of the site was allocated for employment under employment land policy.  Members were advised that, somewhat unusually, part of site was earmarked for live work units.  Members were advised that, despite marketing activity for a number of years, there had been no committed interest in this site for employment purposes.

The Director stated that development should not be put on hold pending the potential future interest in any site or pending the publication of the East Herts District Plan.  Officers felt that, given that this was a modest development, it was acceptable on balance for a decision to be made in support of this application.

The Committee accepted the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that, subject to the applicant or successor in title signing a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of application 3/13/0813/OP, outline planning permission be granted subject to the conditions detailed in the report now submitted.