Agenda item

Mr Lupton spoke addressed the Committee in opposition to the application.  Mr Gough spoke for the application.

 

The Director of Neighbourhood Services recommended that in respect of application 3/10/1198/FP, subject to the applicant or successor in title signing a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 planning permission be granted subject to the conditions now detailed.

 

The Director provided Members with a summary of additional representations received after completion of the report and a list of proposed amendments to the report now presented.

 

Councillor K Darby stated that she did not support the proposal adding that the application did not fit with the character of the area and referred to the considerable number of letters submitted objecting to the proposal.   She referred to the lack of community facilities and the difficulties in relation to traffic into and out of the development.  She queried how the community would be integrated with its neighbours. In summary she stated that there were too many unit, it was incompatible with the area, the traffic issues and the danger of it becoming a “poor” neighbour with the character of the area.

 

Councillor R N Copping referred to the design of the garages and issues relation to social housing.  The Director provided clarification on these issues and stated that on balance with a number of “tweaks” officers were able to recommend approval of the scheme.

 

Councillor R Gilbert referred to the density of the development and of the traffic issues difficulties which would be created in Bullsmoor Lane and Vicarage Lane.   The Director stated that the traffic issues relating to the scheme had been taken into account as part of a traffic assessment undertaken by the applicant and endorsed by Hertfordshire Highways.  He suggested that a Directive be added to the conditions relating to Bullsmoor and Vicarage Lane.  

 

Councillor K Barnes was concerned that 127 Bengeo residents had been consulted and that the proposals should have required a consultation for the whole of Bengeo.  He was concerned at the loss of a green field site and of the fact that Bengeo was a rat run.  He felt that the development was “huge”, that local people were not happy with the proposal and the traffic issues. 

 

Councillor D Andrews felt that flats were in appropriate in that part of Bengeo and was very concerned about parking and a possible shortfall in the Council’s policy.  He stated that 97 units was too large.

 

The Director addressed Members’ concerns regarding the traffic aspects, parking policies and the size of the development. 

 

Councillor S A Bull felt that the application was out of keeping with the area, the density of the units and the need to challenge highways officers on their views.

 

Councillor Mrs M H Goldspink accepted that the area was designated for housing but was concerned about the adequacy of the parking and stated that Officers should ask for something closer to its maximum parking standards.  She queried parking provision for visitors given that there was no outside provision.

 

The Director assured the Member that the Council’s Policies in terms of parking had been met.  He stated that given the site’s location had been designated for residential development.  He acknowledged that overspills did occur if inadequate parking was available but that this would be at the less busy time for highway use of evening and at weekends.

 

Councillor S Rutland-Barsby queried what the Council’s position might be if Members refused the application based on density.   The Director explained that it would be inappropriate to refuse permission solely on the basis of an identified density number.  It would be necessary to articulate what it is about that density that the Council finds unacceptable. 

 

Councillors Mrs R Cheswright referred to the fact that even the County Council did not support this type of development.  She stated that Highways Officers comments about only 10% of cars would drive north were wrong.  It was a busy area.

 

Councillor B M Wrangles and Councillor D A A Peek acknowledged Members comments adding that no one had put forward a planning reason for refusal. 

 

Councillor R I Taylor suggested that rather than cramming as many homes on the site, the developers should be considering the amenity of people who will live on the site. 

 

Councillor J J Taylor stated that at the last Highways Joint Member Panel half of the meeting was taken up discussing unresolved traffic issues in this area.  She suggested that traffic issues must be a viable reason to refuse the application.  

 

The Director assured Members that the transport and traffic issues that been assessed and that it was not reasonable to now suggest that it had not been taken into account.

 

Members noted the summary of representations provided by the Director of Neighbourhood Services and supported the inclusion of a Directive in relation to Bullsmoor Lane and Vicarage Lane.

 

After being put the to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services 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, application 3/10/1198/FP be granted subject to the conditions now detailed.

 

RESOLVED – that (A) subject to the applicant or successor in title varying the legal agreement signed under application 3/10/1198/FP pursuant to Section 106 of the Town and Country Planning Act 1990 to cover the following matters:

 

1.        To provide 39 units of affordable housing with tenure and mix to be agreed.  If grant funding of up to £25,000 is received per unit then the breakdown shall be 54% rented 46% intermediate housing.  If more than £25,000 is received per unit, then the proportion of rented units shall increase as agreed in writing with the Local Planning Authority.

 

2.        To provide 15% Lifetime Homes;

 

3.        £128,375 towards Sustainable Transport initiatives;

 

4.        £254,830 towards Primary Education;

 

5.        £226,531 towards Secondary Education;

 

6.        £34,140 towards Nursery Education;

 

7.        £13,679 towards Childcare;

 

8.        £4,398 towards Youth facilities;

 

9.        £17,222 towards Libraries;

 

10.    To revamp and improve the existing equipped area of play, and playing fields in accordance with a specification to be agreed plus up to £60,000 for future maintenance;

 

11.    To establish management arrangements for private roads and landscaped amenity areas within the development site; and

 

12.    £300 standard monitoring fee per obligation, therefore 11 x £300 = £3,300.

 

In respect of application 3/10/1198/FP planning permission be granted subject to the following conditions:

 

1.        Three Year Time Limit (1T12)

 

2.        Programme of archaeological work (2E02)

 

3.        Levels (2E05)

 

4.        Boundary walls and fences (2E07)

 

5.        Samples of materials (2E12)

 

6.        Refuse disposal facilities (2E24)

 

7.        Cycle Parking Facilities (2E29)

 

8.        New Doors and Windows – unlisted buildings                    (2E34)

 

9.        Carried Out in Accordance (2E92)

 

10.    Wheel washing facilities (3V25)

 

11.    Tree retention and protection (4P05)

 

12.    Hedge retention and protection (4P06)

 

13.    Landscape design proposals (4P12 e,i,j,k)

 

14.    Landscape works implementation (4P13)

 

15.    Vehicular use of garage (5U10)

 

16.    Solar thermal and photovoltaic panels shall be          installed prior to occupation in accordance with       details to be submitted and approved in writing by the Local Planning Authority and shall be implemented as agreed.

 

        Reason: In order to achieve the sustainable use of resources in accordance with policies SD1 and ENV1 of the East Herts Local Plan Second Review April 2007.

 

17.    Prior to the commencement of development, a site waste management plan shall be submitted to and approved in writing by the Local Planning Authority. This shall include measures to minimise and re-use/recycle construction waste, and to use recycled materials in the construction of the development.

 

        Reason:  To promote sustainable waste management in accordance with policies 3, 7 and 8 of the Waste Local Plan.

 

18.    The development hereby permitted shall only be carried out in accordance with the submitted Flood Risk Assessment, and in particular that the surface water run-off generated by the 1 in 100 year critical storm event, accounting for the effects of climate change, shall not exceed the existing greenfield run-off rate from the undeveloped site or increase the risk of flooding off-site.

 

        Reason:  To minimise the risk of flooding in accordance with policy ENV19 of the East Herts Local Plan Second Review April 2007 and PPS25 ‘Development and Flood Risk’.

 

19.    No development shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles, and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority.  This shall include surface water run-off management through soakaways and how surcharge water will be contained within the site boundary. The scheme shall be implemented in accordance with the approved details prior to occupation of the development.

 

        Reason: To minimise the risk of flooding in accordance with policy ENV19 of the East Herts Local Plan Second Review April 2007 and PPS25 ‘Development and Flood Risk’.

 

20.    Before first occupation of the approved development, all access and junction arrangements serving the development shall be completed in accordance with the approved plans and constructed to the specification of the Highway Authority.

 

        Reason: To ensure that the access is constructed to an appropriate specification in the interests of highway safety and convenience.

 

21.    No dwelling shall be occupied until visibility splays have been provided at the junction of the estate road with the public highway. The splays shall measure a minimum of 2.4m measured along the centre line of the proposed estate road from its junction with the channel of the public highway and 70m measured from the centre line of the proposed estate road along the line of the channel of the public highway.  The vision splays required shall be provided and defined on the site by or on behalf of the developers and be kept free of any obstruction.

 

        Reason: To provide adequate visibility between the existing highway and the access and to make the access safe and convenient for the traffic that is likely to use it.

 

22.    Before first occupation of each new dwelling, the access roads and parking areas serving that dwelling shall be provided in accordance with the approved plans.

 

        Reason: To ensure the development makes adequate provision for the off-street parking and manoeuvring of vehicles.

 

23.    Construction of the development hereby approved shall not commence until details of construction vehicle movements and construction access arrangements have been submitted to and approved by the local planning authority.

 

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

 

24.    The presence of any significant unsuspected contamination that becomes evident during the development of the site shall be brought to the attention of the Local Planning Authority and appropriate mitigation measures shall be submitted to and approved in writing.

 

        Reason: To ensure that adequate protection of human health, the environment and water courses is maintained in accordance with PPS23 ‘Planning and Pollution Control’.

 

25.    Any clearance of vegetation carried out between
1^st      March and 30^th September shall be supervised by a suitably qualified ecologist and preceded by a nesting bird survey which shall be submitted to and           approved in writing by the Local Planning Authority.

 

        Reason:  To protect the habitats of species which are a protected 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.        The applicant is advised that in order to comply with this permission it will be necessary for the developer to enter into an agreement with the Highway Authority to ensure satisfactory completion of the access and associated road improvements.  The applicant is advised to contact the Eastern Herts Highways Area Officer, Hertford House, Meadway Corporate Centre, Rutherford Close, Stevenage, SG1 3HL (Tel 01438 757880) to obtain the requirements on the procedure to enter into the necessary S278 agreement with the Highway Authority prior to the commencement of development.

 

3.        Planning Obligation (08PO)

 

4.        Street Naming and Numbering (19SN)

 

5.        The applicant is advised that should reptiles be found during development, works must stop immediately and professional ecological advice taken on how to proceed.  Natural England may need to be contacted on 01206 796666.

 

6.        The Council advises that the applicant shall formulate a traffic management scheme relating to the delivery of construction plant and materials to the site and the removal of waste materials from the site.  Once formulated, the scheme shall be submitted to the Council and be thereafter implemented.

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and the 'saved' policies of the East Herts Local Plan Second Review April 2007), and in particular policies SD1, SD2, HSG3, HSG4, HSG6, TR1, TR2, TR7, TR8, TR13, ENV1, ENV2, ENV3, ENV9, ENV10, ENV16, ENV21, BH1, BH2, BH3, LRC3, HE2 and IMP1. The balance of the considerations having regard to those policies is that permission should be granted.