Agenda item

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/13/1023/FO, planning permission be granted subject to the conditions detailed in the report now submitted.

The Director of Neighbourhood Services stated that a Deed of Variation needed to be incorporated within the Section 106 Agreement. 

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services as amended and as now submitted.

RESOLVED – that subject to the applicant or successor entering into a Deed of Variation to the existing Section 106 Agreement in relation to application reference 3/11/0554/OP, planning permission be granted in respect of application 3/13/1023/FO, subject to the following conditions:

1.    Outline permission time limit (1T03)

2.    The residential development hereby permitted shall not exceed a total gross internal floorspace of 37,068 sq.m.

Reason: To ensure that the amount of development is compatible with the location of the site within the Metropolitan Green Belt.

3.    Approved plans (2E10) (BH1001, BH1002, BH1003, BH1004, BH1005, and  BH1100)

4.    Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") of the development shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason: To comply with the provisions of Article 4 of the Town and Country Planning (Development Management Procedure) Order 2010.

5.    Prior to the occupation of the development the pedestrian and cyclist accesses shown on Plan No. BH1004 shall be provided and thereafter retained for such use.

Reason: To help achieve a sustainable development and promote the use of non car modes of transport in accordance with the aims of the NPPF.

6.           Hours of working - plant and machinery (6N05)

7.    Prior to the commencement of development the works specified within the Phase 1 Geo-environmental Assessment Report, March 2011, shall be carried out unless amendments to these works are agreed in writing by the Local Planning Authority.  Following the completion of the works a validation report shall be submitted to and approved in writing by the Local Planning Authority prior to any building works commencing on site.

Reason: To ensure the site no longer poses a potential risk to groundwater in accordance with policy ENV20 of the East Herts Local Plan Second Review April 2007 and the Technical Guidance to the NPPF.

8.           No development or groundworks shall take place until the applicant has implementation the programme of archaeological work in accordance with the written scheme of investigation which was submitted by Northamptonshire Archaeology dated 3^rd January 2013. The development shall be carried out in accordance with the approved scheme, and this condition will only be discharged when the required archaeological reports are submitted to and approved in writing by the Local Planning Authority.

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 commencement of development details of a surface and foul water drainage scheme for the site shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with the approved details.

Reason: To ensure that adequate provision is in place in accordance with policy ENV21 of the East Herts Local Plan Second Review April 2007.

10.       A Green Travel Plan, with the object of reducing travel to and from the development by private car, shall be submitted with the submission of any susequent Reserved Matters for approval by the Local Planning Authority and the proposed measures shall be implemented to an agreed timetable.

Reason: To promote the use of non car modes of transport in accordance Policy TR4 of East Herts Local Plan Second Review April 2007.

11.      Prior to the commencement of the development a construction management plan covering delivery and storage of materials, on-site parking during construction, wheel washing facilities and construction vehicle routing shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with the approved details.

Reason: To ensure the impact of construction vehicles on the local road network is minimised.

12.       The development hereby permitted shall be carried out in accordance with the details of the Flood Risk Assessment (FRA), Revision 3, March 2011 and the mitigation measures contained therein unless it is superseded by any other FRA that is previously submitted to and approved in writing by the local planning authority.

Reason: To minimise flood risk in accordance with Policy ENV19 of the East Herts Local Plan Second Review April 2007.

13.  The development hereby permitted shall be carried out in accordance with the details of the bat survey, December 2010 and the mitigation measures contained therein unless superseded by any subsequent submissions.

Reason: To protect the habitats of bats which are a protected species under the Wildlife and Access to the Countryside Act 1981, and in accordance with Policy ENV16 of the East Herts Local Plan Second Review April 2007.

Directives:

1.             Other legislation (01OL)

2.             This planning permission is subject to the Planning Obligations agreed with the previous outline permission granted under lpa reference 3/11/0554/OP under S106 of the Town and Country Planning Act 1990 (as amended).

3.             Street name and numbering (19SN)

4.             Highway Works (06FC2)

5.             Unsuspected contamination (33UC)

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 2012 (as amended).  The balance of the considerations having regard to those policies and the Outline planning permission granted under LPA reference 3/11/0554/OP is that permission should be granted.