Agenda item

Mrs Johanneffen 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 3/10/1522/FP, subject to the applicant entering into a legal obligation pursuant to section 106 of the Town and Country Planning Act 1990, planning permission be granted subject to the conditions now detailed.

 

The Director referred to the recent High Court judgement in relation to the revoked Regional Spatial Strategy (RSS).  Members were advised that this was a significant site in terms of housing delivery.

 

The Director referred to the Chairman’s announcement in relation to the RSS, and also that policy HSG2 in that this was not a saved policy of the East Herts Local Plan Second Review April 2007.

 

In response to a query from Councillor D Andrews, the Director advised that Hertfordshire County Highways did not wish to object to the application.  Councillor Andrews stressed that he was broadly in support of development on this site.

 

Councillor Andrews acknowledged that the proposed numbers of houses were higher than that indicated in the Local Plan and was also in breach of policy.  He stated that this application would set the tone for this part of the village.

 

Councillor Andrews commented that he would have preferred a development with housing numbers in the upper 40s rather than the 58 dwellings proposed.  He expressed concerns in relation to the proposed parking provision. 

 

Councillor Andrews stressed that policy TR7 should be pushed to the limit in terms of the amount of parking provision to avoid any potential overspill outside this proposed development.

 

Councillor Andrews expressed concerns in respect of the Hertfordshire Highways recommendation that there should be no pedestrian access onto Mentley Lane East.  He suggested a solution in that there should be a formal footpath provided onto Mentley Lane East.  He queried whether condition 20 was a valid and sound condition on this application.  The Director advised that Highways had been concerned that such an access would encourage residents of the new development to park on Mentley Lane East to access their properties across the nearby green space.

 

Councillor Andrews stressed that the B1368 was a fast and very busy road that was derestricted and he invited Members to give careful consideration to the points that he had raised.

 

Councillor K A Barnes commented that an application that was acceptable to Officers might not be acceptable for the residents.  He stated that the proposed density was out of keeping with most of the village and stressed that the Parish Council was against the application.

 

Councillor Barnes stated that, not withstanding the issue of inadequate parking provision, the extra vehicles would result in additional traffic problems in this area.  He commented that pedestrian safety would be further compromised and the junction of the B1368 would become a nightmare.

 

Councillor Barnes referred to the Parish Council comments that the area was prone to flooding.  He expressed concerns that the roads within the site would not be adopted, leaving the roads to be maintained by the developer’s agents.  He referred to the proposed acoustically treated ventilation as a poor solution to not having a noise barrier to the nearby A10.

 

Councillor Barnes also expressed concerns that the community planning team had not recommended a scout hut, as requested by the Parish Council and residents.  He also expressed concerns about the potential lack of play equipment.

 

Councillor Mrs M H Goldspink expressed concerns in respect of noise and in relation to the proposed number of dwellings.  She stressed that, in relation to PPG24, Noise, the site was in a category C zone where planning permission would not normally be granted.

 

Councillor Goldspink expressed concerns in relation to the inadequate levels of parking proposed by this application.  She also expressed concern in respect of loss of amenity if cars were parked in close proximity to private gardens.

 

Councillor Goldspink acknowledged the proposed 40% affordable housing, however, this was being offered in the wrong mix so was against policy.  She commented that the roads within the site were too narrow and stated that the Highways Officer was concerned about this.

 

Councillor Mrs R F Cheswright stressed that this site was allocated for housing in 2007.  She expressed concerns that the number of proposed dwellings was too high and would cause significant transport problems.  She also referred to the very busy nature of the nearby B1368.

 

Councillor R Gilbert expressed concerns in relation to the provision of school places in this area.  He also stated his concern that there were no 3 bedroom dwellings proposed as part of this application.

 

The Director updated Members in relation to the mix of affordable housing in that this now comprised 4x 2 bed flats, 7x 2 bed houses and 12x 3 bed houses.  He stressed that there were no 4 or 5 bed affordable housing units proposed by this application.  He advised that although the mix of affordable housing was not in accordance with policy, the percentage did comply with policy aspirations.

 

The Director confirmed that the site was an allocated location for housing.  He stressed that the site was available and accessible for development and there were technical solutions that could be implemented to mitigate noise, for example, the venting referred to.  He stated that other dwellings were located in at a similar distance from the A10 road in the village.

 

The Director advised that the proposed density was not high compared to nearby developments.  He commented that the site was not remote from the settlement centre.  Members were reminded they must identify the specific harm that would result from this application if they felt that they could not support it.

 

The Committee was advised that the proposed parking provision was generous and public spaces, including access roads within a development, were often looked after by a management company.

 

The Director stressed that Members must identify what particular highways problems would occur as a result of this application if they were not supportive. 

 

Councillor Mrs M H Goldspink proposed and Councillor K A Barnes seconded, a motion that application 3/10/0396/FP be refused on the grounds that the application would result in a cramped overdevelopment of the site, poor amenity space, substandard internal roads and inadequate parking.

 

After being put to the meeting and a vote taken, this motion was declared LOST.

 

After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Director of Neighbourhood Services that, subject to the applicant entering into a legal obligation pursuant to section 106 of the Town and Country Planning Act 1990, application 3/10/1522/FP be granted subject to the conditions now detailed.

 

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 to cover the following matters:

 

1.           To provide 23 units of affordable housing with 12 Social rented and 11 intermediate dwellings;

 

2.           To provide 15% Lifetime Homes;

 

3.           £94,625 towards improvements to bus stops and improvements to sustainable transport initiatives;

 

4.           £126,092 towards Middle Tier Education;

 

5.           £93,150 towards Upper Tier Education;

 

6.           £22,803 towards Nursery Education;

 

7.           £9,006 towards Childcare;

 

8.           £2,762 towards Youth facilities;

 

9.           £10,384 towards Libraries;

 

10.      £8,210 towards children and young people open space provision to provide improvements to the existing play area within the vicinity of the site;

 

11.      £14,837 towards improvements to the existing Standon and Puckeridge community centre;

 

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

 

13.      £300 standard monitoring fee.

 

in respect of application 3/10/1522/FP, planning permission be granted subject to the following conditions:

 

1.            Three Year Time Limit (1T121)

 

2.            Programme of archaeological work (2E023)

 

3.            Levels (2E051)

 

4.            Samples of materials (2E123)

 

5.            Prior to the commencement of the development, a scheme for the protection of dwellings against external noise shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall provide for sound attenuation of dwellings in accordance with the Noise Assessment SKM Environs dated 17 August 2010.  All works which form part of the scheme shall be completed prior to the occupation of the development.

        Reason: To ensure that an adequate level of amenity for residents of the dwellings in accordance with policy ENV25 of the East Herts Local Plan Second Review April 2007.

 

6.            Refuse disposal facilities (2E243)

 

7.            Wheel washing facilities (3V251)

 

8.            Construction hours of working – plant and machinery (6N072)

 

9.            Construction parking and storage (3V234)

 

10. All existing trees, hedges and hedgerows shall be retained,
unless shown on the approved drawings as being removed. All trees, hedges and hedgerows on and immediately adjoining the site shall be protected from damage as a result of works on the site, to the satisfaction of the Local Planning Authority in accordance with relevant British Standards, for the duration of the works on site and until at least five years following contractual practical completion of the approved development. In the event that trees, hedges or hedgerows become damaged or otherwise defective during such period, the Local Planning Authority shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that any tree, hedge or hedgerow dies or is removed without the prior consent of the Local Planning Authority, it shall be replaced as soon as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Authority.

 

        Reason: To ensure the continuity of amenity afforded by existing trees, in accordance with policies ENV2 and ENV11 of the East Herts Local Plan Second Review April 2007.

 

11. Tree/natural feature protection: fencing (4P075)

 

12. Notwithstanding the details shown on the approved drawings, no development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include a) means of enclosure; b) hard surfacing materials; c) planting plans; d) schedules of plants noting species, planting sizes and proposed numbers/densities and e) a timetable for implementation.

 

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

 

13. All hard and soft landscape works shall be carried out in accordance with the details approved pursuant to Condition 12. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the local planning authority. Any trees or plants that, within a period of 5 years after planting are removed, die or become damaged or defective shall be replaced with others of the same species, size and number as originally approved unless the local planning authority has given 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 policy ENV2 of the East Herts Local Plan Second Review April 2007.

 

14.  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 policies ENV19 and ENV21 of the East Herts Local Plan Second Review April 2007 and PPS25 ‘Development and Flood Risk’.

 

15.  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.

 

16. The minimum width of internal estate roads shall be 4.1metres clear of any dedicated parking area.

 

        Reason: To ensure the safe and free movement of vehicular traffic within the site.

 

17.  Retention of parking spaces (3V204)

 

18.  Vehicular use of garage (5U10)

 

19.  Prior to first occupation of the development hereby approved, provision of facilities for cycle storage shall be submitted to and approved in writing by the Local Planning Authoirty. Such facilities shall be implemented thereafter in accordance with the approved details.

 

        Reason: To promote alternative modes of transport in accordance with policy TR14 of the East Herts Local Plan Second Review April 2007.

 

20.  There shall be no pedestrian access onto Mentley Lane East. Detailed plans showing means of enclosure to prohibit pedestrian access between the site and that road and a timetable for implementation of that enclosure shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The boundary treatment shall thereafter be implemented and maintained in accordance with the approved details.

 

        Reason: To reduce the potential for additional vehicle usage or parking along Mentley Lane East in the interests of highway safety and convenience.

 

Directives:

 

1.           Other Legislation (01OL)

 

2.           Planning Obligation (08PO)

 

3.           Street Naming and Numbering (19SN)

 

4.           Highways Works (05FC2)

 

5.           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.

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, 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, TR14, ENV1, ENV2, ENV3, ENV9, ENV11, ENV16, ENV19, ENV21, ENV25, BH1, BH2, BH3, BH6, OSV1, OSV5 and IMP1. The balance of the considerations having regard to those policies is that permission should be granted.