Agenda item

Mr Cook addressed the Committee in opposition to the application.

 

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1466/FP, subject to the applicant or successor in title entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990 by midday on the 30 November 2010, planning permission be granted subject to the conditions now detailed.

 

The Director of Neighbourhood Services also recommended that, in respect of application 3/10/1467/LB, listed building consent be granted subject to the conditions now detailed.

 

The Director advised that item 4 of the section 106 planning obligations was no longer required.  Condition 12 would be amended to ensure that no development would take place until details had been submitted to and approved by the local planning authority in relation to the improved vehicular and pedestrian access arrangements to the site.

 

Councillor P R Ballam stressed the importance of this condition in ensuring these works were carried out prior to the commencement of this development.  She also referred to the concerns of Ware Town Council in relation to parking and access for emergency vehicles.

 

After being put 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 entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990 by midday on 30 November 2010, application 3/10/1466/FP be granted planning permission subject to the conditions now detailed.

 

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services that where the legal agreement was not completed by midday on 30 November 2010, planning permission be refused for the reason now detailed.

 

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services that application 3/10/1467/LB be granted listed building consent subject to the conditions now detailed.

 

RESOLVED - that (A) subject to the applicant or successor in tile entering into a legal obligation pursuant to section 106 of the Town and Country Planning Act 1990 by midday on the 30 November 2010 to cover the following matters:

 

1.                Financial contributions:

 

·        Secondary education of £45,628

·        Youth Services of £856

·        Libraries of £2,720

·        Amenity Green Space £1,626

·        Maintenance of Amenity Green Space £4,573

·        Amenity Space for children/young people £1,561

·        Maintenance of Children/young people amenity space £2,995

·        Recycling Faculties £864

·        Highways Contributions (First Strand) £12,735

·        Accessibility Contributions (Highways Second Strand) £7,500

 

2.                A financial contribution to cover the cost of providing or provision of a fire hydrant at this site.

 

3.                A financial contribution of £300 per clause of the obligation to cover the cost of monitoring.

 

in respect of application 3/10/1466/FP, planning permission be granted subject to the following conditions:

 

1.    Three Year Time Limit (1T12)

 

2.    Programme of archaeological work (2E02)

 

3.    Complete Accordance (2E10)

 

4.    Samples of materials (2E12)

 

5.    Lighting details (2E27)

 

6.    Communal TV facilities (2E32)

 

7.    Retention of parking space (3V20)

 

8.    Construction parking and storage (3V22)

 

9.    Landscape works implementation (4P13)

 

10.  Landscape maintenance (4P17)

 

11.  Construction hours of working plant and machinery (6N07)

 

12.  No development shall take place unless and until details have been submitted to and approved by the local planning authority of a) the improved vehicular and pedestrian access arrangements to the site (including treatment to the frontage wall) and b) a landscaping scheme for the improvement of the parcel of land to the front (west) of the site. The development shall thereafter be carried out in accordance with those approved details and the agreed scheme implemented prior to the first occupation of any of the residential units to be created and thereafter retained.

 

        Reason: To address highway safety and the character and appearance of the conservation area in accordance with policies ENV1 and TR2 of the East Herts Local Plan Second Review April 2007. 

Directives:

 

1.    Other Legislation (01OL)

 

2.    Relationship with Listed Building (26LB)

        (LPA ref: 3/08/1784/LB)

 

3.    Highway Works (05FC)

 

4.    Planning Obligation (08PO)

 

5.    Street Numbering (19SN)

 

Summary of Reason 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 East Herts Local Plan Second Review April 2007) and in particular policies SD1, HSG3, HSG6, EDE2, TR7, TR14, ENV1, ENV2, BH6, and IMP1 of the East Herts Local Plan Second Review April 2007. The balance of the considerations having regard to those policies and other material considerations is that permission should be granted.

 

(B)  if the legal agreement referred to in recommendation (A) is not completed by midday on 30November 2010, the Director of Neighbourhood Services be authorised to refuse planning permission for the following reason:

 

1.           The proposal fails to make adequate financial provision for infrastructure or access improvements necessary to support the proposed development. The development is thereby contrary to policy IMP1, ENV1 and TR2 of the East Herts Local Plan Second Review April 2007.

 

(C)   in respect of application 3/10/1467/LB, listed building consent be granted subject to the following conditions:

 

1.            Three year Time Limit (1T14)

 

2.            Samples of materials (2E12)

 

3.            Listed Building New windows (8L03)

 

4.            Listed building New doors  (8L04)  

 

5.            Listed Building New brickwork (8L06)

 

6.            Listed Building New rainwater goods (8L09)

 

7.            Listed Building making Good (8L10)

 

Summary of Reason for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (Hertfordshire County Structure Plan) and in particular policies HE9 and HE10 of national planning guidance PPS5. The balance of the considerations having regard to those policies and other material considerations is that Listed Building Consent should be granted.