Agenda item

Recommended for Approval

The Head of Planning and Building Control recommended that in respect of application 3/22/2200/FUL, planning permission be granted subject to a Section 106 legal agreement and the conditions set out at the end of the report.

 

The Service Manager (Development Management) detailed the location of the site and presented a detailed series of visuals and aerial photographs in respect of the application site. Members were advised that the site was an allocated site for employment in the East Herts District Plan.

 

The Service Manager (Development Manager) detailed the proposed access and summarised the key features of the development. The proposals would represent an uplift of approximately 2,300 square metres over and above the previous floor space provided on site.

 

The Service Manager (Development Management) said that the scale and design of the buildings were considered appropriate for the locality. She said that the exact specifications for the materials will need to be submitted for approval and secured by condition.

 

Members were advised that the proposals included passive design and energy efficiency measures including air source heat pumps. Members were advised that the energy statement demonstrates that the development could achieve BREEAM excellence and the requirement to meet this commitment would be secured by condition.

 

The Service Manager (Development Management) said that there would be 217 parking spaces, 24 of which will be active electric vehicle charging spaces and there would also be disability parking and 76 cycle spaces.

 

Members were advised that the plans were amended to provide more space and better legibility for pedestrians and cyclists to move through the site and to accommodate additional soft landscaping. There will be some losses to category B and C trees and there would be a robust planting scheme for 170 new trees.

 

The Service Manager (Development Management) said that there were also commitments around integrated swift boxes and other ecological improvement measures. Members were advised that the proposals demonstrate a 40% biodiversity net gain.

 

Members were advised that the highway authority had raised concerns in response to the public consultation about the vehicular access arrangements for the site, and for the potential for rat running between John Tate Road and Ware Road once the southern access had been opened. The Service Manager (Development Management) said that measures had been incorporated into the scheme to prevent this from happening. She referred to modal filters to restrict any vehicles, except for unit 12, from accessing or leaving the site via Caxton Hill.

 

The Service Manager said that concerns had been expressed by the Lead Local Flood Authority (LLFA) about the discharge rate of water from the site and surface water draining. The applicant had submitted further details which had sought to address these concerns and Officers were satisfied they were sufficient to address the concerns of the LLFA.

 

Members were advised that a condition had been applied to require surface water to be intercepted so that it did not discharge on the highway. Officers were satisfied that other matters such as contamination had been addressed and subject to conditions requiring further information, any impacts can be appropriately mitigated.

 

The Service Manager (Development Management) concluded that the redevelopment of the site will provide employment opportunities on a site within the District Plan that is allocated as an employment area. The proposals provide an opportunity to improve the biodiversity value of the site, improve links for pedestrians and cyclists, improve the opportunity to manage drainage and bring forward development that conforms to required energy efficiency standards.

 

Members were advised that the vehicle restriction measures will reduce traffic congestion on the Ware Road and around the town centre and would filter the majority of HGVs via the Foxdells Business Park rather than Caxton Hill.

 

The Service Manager (Development Management) said that the proposals would not have an undue impact on residential amenity and overall were considered to accord to the relevant District Plan policies. Officers were therefore recommending the application for approval subject to any necessary mitigations detailed in the conditions and the Section 106 legal agreement.

 

Members were referred to minor amendments in the addendum including minor changes to the drafting of some of the conditions and a further condition requested by the Environmental Health Officer in respect of addressing and improving air quality.  A further condition was also being added to require nine integrated Swift boxes to be incorporated into the development and a change was proposed to a Section 106 contribution following a late representation from the highway authority.

 

Mr David Saull and Mr Rob Lines addressed the Committee in objection to the application. Mr Stuart Atkinson spoke for the application. Councillor Goodeve addressed the Committee as the local ward Member.

 

The Legal Services Manager explained that matters in respect of land ownership were not a material planning consideration. This was a separate legal private issue that did not prevent Members from determining the application.

 

The Service Manager (Development Management) said that given the size of the buildings she was sure that more Swift boxes could be accommodated on the buildings. She said that the conditions could be amended to that effect.

 

Members were advised that John Tate Road was a private road, and it was not adopted by the highway authority. The responsibility for that road lies with the management company for the business park and the industrial estate. Members were advised that no concerns had been expressed by the highway authority.

 

The Service Manager (Development Management) said that the on-site parking provision was considered sufficient. She said that more spaces would compromise the amount of landscaping on the site and would conflict with ambitions in respect of encouraging walking and cycling.

 

Members were advised that the access from John Tate Road onto the A414 had not been the subject of any concerns from the highway authority. There was a condition requiring that the main southern access onto Foxholes Business Park must be completed prior to the first occupation of the development.

 

The Service Manager (Development Management) said there was a traffic monitoring programme condition, and this had been requested by the highway authority. This condition would have to demonstrate how those impacts would be mitigated.

 

Members were advised that the installation of bollards would prevent rat running. The Service Manager (Development Management) detailed the access and egress points for cars and HGVs. She also detailed the access points for pedestrians and cyclists.

 

Councillor Ruffles referred to a pedestrian access across the rear of the site from Woodlands Road through to Brookside or London Road. He said that this was still used up as far as the traffic barriers where pedestrians then used the roadways of the business park out on to London Road.

 

The Service Manager (Development Management) said that she had spoken to the applicant and she was satisfied that this route would not be impacted by the proposed development. Councillor Page asked for some clarity is respect of the language used in respect of modal filters and bollards. He asked about the consequences of modal filters and any evidence provided Hertfordshire Highways in terms of the access and egress onto the roundabout on to the A414 being compromised.

 

The Service Manager (Development Management) said that modal filters could be bollards, or a combination of bollards and hard and soft landscaping to prevent vehicular access. She said that condition 16 had been included requiring details of the design of the modal filters to be submitted. Members were advised that the highway authority would be consulted on their acceptability.

 

Members were advised that Hertfordshire Highways had assessed the impacts on the A414 junction and Officers had not raised any objections regarding the level of traffic in terms of harm to the highway network or congestion.

 

Councillor Beckett commented positively in respect of the application regarding water run-off, green roofs, BREEAM excellence and photo voltaic panels. The Service Manager (Development Management) said that condition 19 did allow the opportunity for an improvement in energy performance and in particular some consideration of green roofs and more photo voltaic panels.

 

Councillor Crystall expressed a concern in respect of the modal filters causing significant problems for the town centre. He asked if additional swift and bat boxes could be sought via the conditions and he felt it would be fantastic if a crossing could be included for children walking to school.

 

The Service Manager (Development Management) said that condition 15 required details of habitat boxes and this could be amended to be more specific in respect of bat boxes. She referred to party wall agreements and talked about the two-tier process whereby applications had been submitted on areas of land not owned by an applicant.

 

The Service Manager (Development Management) said that conditions in respect of modal filters were very explicit and they had to be implemented prior to first occupation and the applicant would have to apply to amend those conditions.

 

Councillors Kemp, Fernando and Page made comments in respect of brownfield sites, local jobs, ridge heights and the mitigation of this impact on the houses on Brookside and in respect of rat running through Caxton Hill.

 

The Service Manager (Development Manager) said that the fluorocarbon buildings maybe under the same ownership and could use the route through the site. She said that the site was set lower than the properties on Brookside and the proposed units were very similar in scale as number of the units on Foxholes Business Park. Members were advised that the landscape on the buffer strip would soften the visual impact of the proposed buildings.

 

Councillor Andrews proposed and Councillor Beckett seconded, a motion that application 3/22/2200/FUL be granted planning permission, subject to a Section 106 legal agreement and the conditions set out at the end of the report, subject to the following amendments:

 

·               The number of habitat (bat and swift) boxes be increased to 20 in the conditions

·               Modal filters condition be amended to include an explicit reference to motorbikes and electric scooters;

·               BREEAM condition 19 to include exploring opportunities for Green Roofs and UPV Panels

·               Officers to talk to the developer in respect of the footpath across the rear of the site from Woodlands Road through to Brookside or London Road

 

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

 

RESOLVED – that in respect of application 3/22/2200/FUL, planning permission be granted subject to a Section 106 legal agreement and the conditions set out at the end of the report, subject to the following amendments:

 

·               The number of habitat (bat and swift) boxes be increased to 20 in the conditions

·               Modal filters condition be amended to include an explicit reference to motorbikes and electric scooters;

·               BREEAM condition 19 to include exploring opportunities for Green Roofs and UPV Panels

·               Officers to talk to the developer in respect of the footpath across the rear of the site from Woodlands Road through to Brookside or London Road.