Agenda item

Recommended for Approval.

Mrs Bickmore addressed the Committee in objection to the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/13/2268/RP, the reserved matters be granted subject to the conditions detailed in the report now submitted.

The Director reminded Members that the Committee had already approved outline planning permission for what was a very significant addition to the local community.  He stated that the approach taken so far had been to contain the development within the confines of the site and thereby reduce the impact on the surrounding green belt.

The Director believed that the approach would be that existing boundary treatments would remain on this site.  He emphasised that the orientation of the proposed dwellings had already been approved by Members.  Officers were seeking additional information in respect of boundary treatments in respect of this application.

The Director advised that this application proposed some changes to the layout and orientation of the dwellings.  Members were reminded that the proposed pedestrian access to the west of the site via Burnt Mill Lane would be retained as a link to the surrounding area.

The Director advised that the consultants acting for the applicant had undertaken a further site inspection visit in respect of ecological matters on 31 March 2014.  This had confirmed that there was no further information or activity to report.

Councillor M Newman, as the local ward Member, commented that, where the proposed development fronted onto Eastwick Road, the boundary fence was embedded in woodland.  He referred to an agreement with a previous developer that some of the razor wire on top of the boundary fence would be removed and, in places, the actual fence itself would be replaced with a more sympathetic design.

The Director stated that condition 5 could be amended to cover the means of enclosure used to surround the site to the north as well as to the west.  In response to a query from Councillor D Andrews, the Director advised that the conditions dealing with permitted development rights also covered any details of gates within the site.

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

RESOLVED – that in respect of application 3/13/2268/RP, the reserved matters be granted subject to the following amended conditions:

1.           Approved plans (2E10)

        (13.141.002A, 13.141.003A, 13.141.004A, 13.141.100A, 13.141.101A, 13.141.102A, 13.141.103, 13.141.104, 13.141.105, 13.141.106, 13.141.107, 13.141.110A, 13.141.111, 13.141.112A, 13.141.113A, 13.141.114A, 13.141.115A, 13.141.116A, 13.141.117A, 13.141.118A, 13.141.119A, 13.141.120A, 13.141.121A, 13.141.125, 13.141.126)

2.    Prior to the commencement of works above ground level for the dwellings hereby approved, the external materials of construction shall be approved in writing by the Local Planning Authorityand the development  shall thereafter be implemented in accordance with the approved materials.

        Reason: In the interests of the appearance of the development, and in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

3.    Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development Order), 1995 the erection or construction of gates, fences, walls or other means of enclosure adjacent to a highway used for vehicular traffic as described in Schedule 2, Part 2, Class A of the Order shall not be undertaken without the prior written permission of the Local Planning Authority.

        Reason: To ensure the Local Planning Authority retains control over any future development as specified in the condition in the interests of amenity and in accordance with policy ENV9 of the East Herts Local Plan Second Review April 2007.

4.    All materials to be used for hard surfaced areas within the site including roads, driveways and car parking areas shall be approved in writing by the Local Planning Authority prior to the commencement of the works associated with this hardsurfacing. The development shall then be carried out in accordance with the approved details.

        Reason: To ensure that the development does not detract from the appearance of the locality, and in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

5.      Prior to the commencement of the development, full details of both hard and soft landscape proposals in respect of the western site boundary with Burnt Mill Lane and the northern boundary with Eastwick Road shall be submitted to and approved in writing by the Local Planning Authority. These details shall include, as appropriate: (a) Means of enclosure (b) Planting plans (c) Written specifications (including cultivation and other operations associated with plant and grass establishment) (d) Schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate (e) Implementation timetables. Thereafter the development shall proceed in accordance with the approved details.

        Reason:
To ensure the provision of amenity afforded by appropriate landscape design, in accordance with policies ENV1, ENV2 and ENV11 of the East Herts Local Plan Second Review April 2007.

6.    Prior to the commencement of the works associated with pedestrian and cyclist access points onto Burnt Mill Lane (known as access points C and D), further details shall be submitted to and approved in writing by the Local Planning Authority to include sections showing the changing land levels in the case of access point C and for both access points full details of both hard and soft landscape proposals.  These details shall include, as appropriate: (a) Means of enclosure (b) Hard surfacing materials (c) Minor artefacts and structures (e.g. furniture, signs, lighting) (d) Planting plans (e) Written specifications (including cultivation and other operations associated with plant and grass establishment) (f) Schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate (l) Implementation timetables. Thereafter the development shall proceed in accordance with the approved details.

Reason: To ensure the provision of amenity afforded by appropriate landscape design, in accordance with policies ENV1, ENV2 and ENV11 of the East Herts Local Plan Second Review April 2007.

7.    All hard and soft landscape works shown on the submitted drawings and additionally required by Conditions 5 and 6, shall be carried out in accordance with the approved details. New planting shall take place by the end of the first available planting season following the first occupation of the dwellings.  Any trees or plants that, within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved, unless the Local Planning Authority gives its written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscaping in accordance with the approved designs, in accordance with policies ENV1 and ENV2 of the East Herts Local Plan Second Review April 2007 and national guidance in section 7 of the National Planning Policy Framework.

8.    Prior to the occupation of the first dwelling detailed plans to show the boundary treatment around the vehicular access into the site from Eastwick Road and the pedestrian public access into the open space shall be submitted to and approved in writing by the Local Planning Authority, together with a timetable for their provision.  The development shall then be carried out in accordance with the approved details.

Reason: To ensure that the development does not detract from the appearance of the locality and the openness of the Green Belt and to ensure that an adequate public access is made into the public open space in accordance with the aims of Policies ENV1 and GBC1 of the East Herts Local Plan Second Review April 2007.

9.           Provision and retention of parking spaces (3V23)

10.      Prior to the occupation of the first dwelling house or in accordance with another timetable to be agreed with the LPA, the public footpaths/cycle paths and play areas within the public open space as shown on the approved landscape plans shall be provided and thereafter retained in accordance with the agreed details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that adequate provision within the public open space areas is made, in accordance with policies ENV1 and  LRC3 of the East Herts Local Plan Second Review April 2007.

Directives:

1.           Outline permission relationship (07OP)

2.           Planning Obligation (08PO)

3.    The applicant is advised that development should proceed with caution and should the presence of any European protected species, and in particular Bats and Great Crested Newts , be found during the implementation of the development works should cease and advice should be sought from a suitably qualified ecologist on how to proceed lawfully.

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 references 3/11/0554/OP and 3/13/1023/FO and the Reserved Matters granted under lpa reference 3/13/1215/RP is that permission should be granted.