Agenda item

a) – Recommended for Approval.

b) – Recommended for Approval.

c) – Recommended for Approval.

d) – Recommended for Approval.

e) – Recommended for Refusal.

f) – Recommended for Approval.

The Director of Neighbourhood Services recommended that, subject to the applicant or successor in title entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 in respect of application 3/13/1936/FP, planning permission be granted subject to the conditions detailed in the report now submitted. 

 

The Director of Neighbourhood Services recommended that. in respect of applications 3/13/1937/LB, 3/13/1939/LB, 3/13/1938/LB and 3/13/1986/LB, listed building consent be granted subject to the conditions detailed in the report now submitted.  The Director also recommended that, in respect of application 3/13/1987/AD, advertisement consent be refused for the reasons detailed in the report now submitted.

 

The Chairman confirmed to Councillor A Burlton that the debate would cover all 6 applications followed by a vote on each of the applications in turn.  Councillor Burlton stated that the proposed development seemed to be the best option for the site and he would be supporting the Officer’s recommendations.

 

Councillor G Jones concurred with the regret expressed by Councillor Burlton regarding the loss of the former Pearson’s department store.  He acknowledged that, should these applications be approved, there was no realistic opportunity for further retail usage of the site as the option for deliveries via Basbow Lane would be lost.  He stressed that North Street was busy most times of the day with limited short term parking opportunities.

 

Councillor G Jones stated that many of his concerns had been covered by Officers and he supported the Director’s recommendations, particularly the refusal recommendation for the advertisement consent application under reference 3/13/1987/AD.

 

Councillor G Jones commented that a delivery time restriction should be applied to the proposed restaurant, with a possible restriction of no deliveries after 8 or 8.30 am.  He referred to the gable over-sail of the building onto the public highway on the Basbow Lane side of the site due to the very narrow pavement.  He queried whether the over-sail should be scaled back due to the risks of a high sided vehicle coming into contact with the building on what was a very narrow road.

 

Councillor G Jones further commented that he would prefer Section 106 money to go towards the fully costed scheme for developing the Sworders Field area and the wider “green finger” extending up through Grange Paddocks.

 

Councillor N Symonds commented on whether Members had any say regarding what went on inside this unit in terms of preserving the historic features of the interior of the building on this site.  She referred to the proliferation of restaurants in Bishop’s Stortford and expressed her concerns regarding the loss of employment on this site.  She concluded by referring to the overall objective of not allowing illuminated signage in the Bishop’s Stortford town centre.

 

The Director advised that the whole building was covered by its listed status, so any works of material significance required a listed building consent application.  Members were reminded that 4 of the 6 applications were for listed building consent relating to the interior of the site so Members had a significant degree of control.

 

The Director concluded that, regarding the change of use from A1 retail to A3 restaurants, this was a common occurrence and Officers had felt the change of use was acceptable on balance to allow a viable use that preserved the fabric of the building with the addition of an element of residential provision.

 

In response to a concern from Councillor N Symonds regarding the policing of the listed building elements of the applications, the Director advised that, as there were about 3000 listed buildings across the District plus another 1000 that were curtilage listed, Officers were reliant on intelligence from the public and from building control inspections.

 

The Director advised that, in terms of the gable over-sail of the building onto the public highway, an element of redesign work would have to take place to remove this element of the scheme and it would be for the applicant to decide whether they were willing to make such an amendment.  Members were advised that a condition could be applied to cover this issue.

 

The Director further advised that, in terms of Section 106 monies towards open space provision, the Council’s Environmental Manager had advised that, in the event that funding could not be found for the project at Waytemore Castle, the monies could be used to develop the Sworders Field area and the wider “green finger” extending up through Grange Paddocks.  Officers could alter the wording of the Section 106 agreement to ensure that this flexibility was covered should the Committee support the applications.

 

In response to a query from Councillor G Jones regarding a condition regarding delivery times, the Director suggested that Officers could have a discussion with the applicant on that matter if Members were happy to delegate authority to Officers to have those discussions.

 

After being put to the meeting and votes taken, the Committee supported the recommendations of the Director of Neighbourhood Services as now submitted.

 

RESOLVED – that (A), in respect of application 3/13/1936/FP, planning permission be granted and authority be delegated to the Director of Neighbourhood Services to enter into further discussions with the applicant in relation to the re-design of the proposal to seek the removal of the element of the proposed residential development which over sails the highway of Basbow Lane and to secure further amendment to condition 7 to restrict deliveries to prior to 8.00am, subject to the following amended conditions:

 

1.    Three year time limit (1T12)

2.    Approved plans (2E10) (PL.01, PL.02, PL.10, PL.11, PL.12, PL.20 B, PL.21 B, PL.22 A, PL.30 G, PL.31 F, PL.32 G, PL.33 F, PL.41 D, PL.42 A, PL.43 B)

 

3.    Programme of archaeological work (2E02)

 

4.    Samples of materials (2E12)

 

5.    Prior to commencement of development a Construction Method Statement shall be submitted to, and approved in writing by, the local planning authority.  The approved Statement shall be adhered to throughout the construction period.  The Statement shall provide for:

 

a)           the parking of vehicles of site operatives and visitors;

b)          loading and unloading of plant and materials;

c)           storage of plant and materials used in constructing the development;

d)          the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e)          wheel washing facilities;

f)             measures to control the emission of dust and dirt during construction;

g)    a scheme for recycling/disposing of waste resulting from demolition and construction works.

 

Reason: To minimise impact of construction process on the on local environment and local highway network.

 

6.    Construction hours of working (6N07)

 

7.    Prior to the first use of units 15-17 North Street, details of the timings of deliveries to the units shall be submitted to and approved in writing by the Local Planning Authority.  The use of the units shall thereafter be carried out in accordance with the approved details.

 

Reason: In the interests of highway safety and convenience.

 

8.    Prior to the commencement of the A3 uses hereby approved, a scheme for the ventilation of the premises including the extraction and filtration of cooking fumes shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

 

Reason: In the interests of the amenities of nearby residential properties, the setting of the listed building and Conservation Area and in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007 and sections 7 and 12 of the National Planning Policy Framework.

 

9.    Hard surfacing (3V21)

 

Directives:

 

1.            Other Legislation (01OL1).

 

2.            Highway Works (05FC).

 

3.    A licence, issued by Hertfordshire County Highways is required for any part of the building that over sails the public highway.  The applicant is advised to contact the Highways Authority to obtain the necessary requirements and procedures for such a licence.

 

4.    Planning Obligation (08PO).

 

5.            Street Naming and Numbering (19SN).

 

6.            Unsuspected Contamination (33UC).

 

7.            Groundwater Protection Zone (28GP1).

 

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 Council’s housing land supply is that permission should be granted.

 

(B)   in respect of applications 3/13/1937/LB, 3/13/1939/LB, 3/13/1938/LB and 3/13/1986/LB, listed building consent be granted subject to the conditions detailed in the report now submitted; and

 

(C)   in respect of application 3/13/1987/AD, planning permission be refused for the reasons detailed in the report now submitted.