Agenda item

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1959/FP, subject to the applicant entering into a legal obligation pursuant to section 106 of the Town and Country Planning Act 1990 by midday on 2 February 2011, planning permission be granted subject to the conditions now detailed.

 

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1960/LB, listed building consent be granted subject to the conditions now detailed.

 

After being put to the meeting and a vote taken, the Committee accepted the recommendations 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 by 2 February 2011, application 3/10/1959/FP be granted subject to the conditions now detailed and, in respect of application 3/10/1960/LB, listed building consent be granted subject to the conditions now detailed.

 

RESOLVED – that (A) 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 matter:

 

1.            The provision of a phased schedule of repairs for the listed central barn, the first phase of which will be undertaken before the occupation of any of the residential units.  The second phase shall be undertaken before the occupation of the second dwelling.  The final 4 dwellings shall not be occupied before the completion of all the agreed repairs.

 

in respect of application 3/10/1959/FP, planning permission be granted subject to the following conditions:

 

1.            Three Year Time Limit (1T12)

 

2.            Programme of archaeological work (2E02)

 

3.            Approved plans (2E10)

        209187DWG001B, 209187DWG002A, 209187DWG003A, 209187DWG004A, 209187DWG005A, 209187DWG006A, 209187DWG007A, 209187DWG008A, 209187DWG009A, 209187DWG010A, 209187DWG011B, 209187DWG012A, 209187DWG013D, 209187DWG014C, 209187DWG015C, 209187DWG016C, 209187DWG017C, 209187DWG018C, 209187DWG019B, 209187DWG020D, 209187DWG021C, 209187DWG022C, 209187DWG023A

 

4.            Samples of materials (2E12)

 

5.            Withdrawal of PD (unspecified) (Part1, Classes A, B and E)

 

6.            Refuse disposal facilities (2E24)

 

7.            Lighting details (2E27)

 

8.            Materials arising from demolition (2E32)

 

9.            Contaminated land survey and remediation (2E33)

 

10.      Hard surfacing (3V21)

 

11.      Provision and retention of car parking spaces (3V23)

 

12.      Wheel washing facilities (3V25)

 

13.      Green travel plans (3V27)  delete ‘new building’ insert ‘new office units’

 

14.      Tree retention and protection (4P05)

 

15.      Landscape design proposals (4P12)

                 Include b, c, d, e, f, h, i, j, k, l

 

16.      Landscape works implementation (4P13)

 

17.      Landscape maintenance (4P17)

 

18.      No infiltration of surface or foul water drainage into the ground is permitted unless otherwise agreed in writing by the Local Planning Authority.

 

        Reason: To ensure the ground water is properly protected as the site is located within a source protection zone around a portable public water abstraction borehole, in accordance with policies ENV20 and ENV21 of the East Herts Local Plan Second Review 2007

 

19.  Measures for the protection of great crested newts, their habitats and access points and necessary compensationary measures, shall be carried out in accordance with the recommendations set out in the approved Great Crested Newt Survey received on 4 November 2010, unless otherwise agreed in writing by the Local Planning Authority.

 

        Reason: To protect the habitats of great crested newts which are a protected species 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.

 

20. Measures for the protection of bats, their roosts and access points and necessary compensationary measures, shall be carried out in accordance with the recommendations set out in the approved Bat Report received on 4 November 2010, unless otherwise agreed in writing by the Local Planning Authority.

 

        Reason: To protect the habitats of bats which are a protected species 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.

 

Directive:

 

1.      Other Legislation (01OL)

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 East Herts Local Plan Second Review April 2007), and in particular SD1, GBC1, GBC9, TR7, ENV1, ENV2, ENV11, ENV16, ENV20, ENV21, BH1, BH2, BH3 and BH17 and PPS5: Planning for the Historic Environment. The balance of the considerations having regard to those policies and the need to repair and retain the 17^th century central barn is that permission should be granted.

 

(B)   where the legal agreement referred to in (A) above is not completed by midday on 2 February 2011, the Director of Neighbourhood Services be authorised to refuse planning permission for the following reason:

 

1.            The proposal fails to securely and enforceably link the proposed enabling development to the repair and preservation of the listed barns on the site via an appropriate legal agreement.  The development would thereby be contrary to policy BH17 of the East Herts Local Plan Second Review April 2007 and national guidance in PPS5.

 

(C)   in respect of application 3/10/1960/LB, listed building consent be granted subject to the following conditions:

 

1.            Listed Building three year time limit (1T14)

 

2.            Listed Building (timber structure) (8L01)

 

3.            Listed Building (new timber frame) (8L02)

 

4.            Listed Building (new window) (8L03)

 

5.            Listed Building (new doors) (8L04)

 

6.            Listed Building (new brickwork) (8L06)

 

7.            Listed Building (new boarding) (8L07)

 

8.            Listed Building (new external rendering) (8L08)

 

9.            Listed Building (new rainwater goods) (8L09)

 

10.      Listed Building (making good) (8L10)

 

11.      Listed Building (repairs schedule) (8L11)

 

12.      Prior to the commencement of works investigative structural surveys which shall include a report outlining the findings and any repair works required shall be submitted to and approved in writing by the Local Planning Authority for all the listed buildings. The approved repair works shall thereafter be carried out as part of the Repairs schedule.

        Reason: To ensure the historic and architectural character of the buildings are properly maintained in accordance with PPS5: Planning for the Historic Environment.

Directive:

1.      Listed Building advice (25LB)

 

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 East Herts Local Plan Second Review April 2007), and in particular PPS5: Planning for the Historic Environment. The balance of the considerations having regard to those policies is that permission should be granted.