Agenda item

The Head of Planning and Building Control recommended that in respect of application 3/22/2321/FUL, planning permission be granted subject to a suitable legal agreement and subject to the conditions set out at the end of the report.

 

The Planning Officer highlighted the location of the site and presenting a series of elevation drawings for the existing care home and the plan drawings for the replacement 52 bedroomed care home. He summarised the key features of the application and set out in detail the main issues for Members to consider when determining the application.

 

Philip Bond addressed the committee in objection to the application. Tom Edmunds and Ben Garlick spoke for the application. Councillor Williams addressed the committee in respect of his concerns as the local ward Member.

 

Councillor Devonshire asked what would happen to the residents in the care home during the construction phase. The Planning Officer confirmed that the care home was sitting empty on his most recent visit a week ago.

 

Councillor Estop said that there was a conservation issue in respect of the relationship to the listed building. She referred in particular to the materials of the listed building. The Planning Officer summarised the materials in place at Highfield Lodge, which were very similar to the existing care home. Councillor Stowe said that he observed a slate roof, and bricks were of a type that was made locally.

 

Councillor Stowe said that regarding conditions 7 and 16, would this include using some of the demolition materials back on the site where possible. The Planning Officer said that condition 7 would be more related to reusing materials as this matter had to be agreed with the County Council waste team. Members were advised condition 16 was more to do with the proper disposal of materials so that they were disposed of in an ad hoc manner.

 

Councillor Hill asked for was given some clarity in respect of the advantages of the new care over the old one that was due to be demolished. The Planning Officer answered a number of questions from Members in respect of conditions.

 

Councillor Watson asked about the considerations in respect of angled windows, obscured glazing, and the issue of overlooking. The Planning Officer said that trees were already planted within Highfield Lodge and the windows were facing towards the rear of the site and were facing away from the overlooking towards the private amenity area.

 

Councillor Carter commented on condition 36 and swift bricks and the suggestion from various wildlife organisations that this should be strengthened so that details of integral swift bricks and bat boxes were provided before any above ground development took place.

 

The Interim Team Leader (Strategic Applications Team) that it would be reasonable to request that details of integral swift bricks prior to commencement of above ground development. He said that Officers were looking at a set of words that might require them to be constructed prior to the construction of the roof level.

 

Councillor Copley asked about safety issues that had been raised by Councillor Williams as the local ward Member. The Planning Officer said that the highways authority was consulted on the application and their comments had not included any objections subject to the conditions, and in particular a condition for a construction management plan prior to any demolition or construction works taking place.

 

Councillor Devonshire asked if the matter of the access to Presdales School be added into construction management plan, in reference to the twice daily influx of pupils entering and leaving the school on foot, cycling and by car.

 

The Legal Advisor said that, in reference to condition 3 regarding the construction traffic management plan, there was a requirement or a parameter of that plan that would have to be approved in respect of the hours of operation and the movement of construction vehicles.

 

The Interim Team Leader (Strategic Applications Team) said that the wording of condition 3 could be amended to cover the management of traffic to reduce congestion, and this could include wording to minimise disruption during school drop off and pick up times.

 

Councillor Watson referred to SUDS and was there any consideration in respect of Hoe Lane and hard surfaces causing extensive run off down Hoe Lane during heavy rain. The Planning Officer said that the Lead Local Floor Authority had been consulted and the site was located in flood zone 1 where there was a low-level flood risk. The LLFA had recommended conditions regarding surface water drainage and details would have to be submitted by the applicant would have to provide further details of the SUDs management systems for the site before any development could move forward.

 

The Interim Team Leader (Strategic Applications Team) said that condition 31 covered flood emergency and evacuations plans which must be submitted to and approved in writing by the Local Planning Authority.

 

Councillor Devonshire proposed, and Councillor Stowe seconded, a motion that application 3/22/2321/FUL be granted planning permission subject to a suitable Legal Agreement and subject to the conditions set out at the end of the report, and subject to the following amended conditions:

3.    Prior to the commencement of the development, a ‘Construction Traffic Management Plan’ shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan. The ‘Construction Traffic Management Plan’ shall identify details of:

·               the phasing of construction and proposed construction programme.

·               the methods for accessing the site, including wider construction vehicle routing.

·               the numbers of daily construction vehicles including details of their sizes, at each phase of the development.

·               the hours of operation and construction vehicle movements.

·               details of any highway works necessary to enable construction to take place.

·               details of construction vehicle parking, turning, and loading/unloading arrangements clear of the public highway.

·               details of any hoardings.

·               details of how the safety of existing public highway users and existing public right of way users will be maintained.

·               management of traffic to reduce congestion.

·               control of dirt and dust on the public highway, including details of the location and methods to wash construction vehicle wheels, and how it will be ensured dirty surface water does not runoff and discharge onto the highway.

·               the provision for addressing any abnormal wear and tear to the highway.

·               the details of consultation with local businesses or neighbours.

·               the details of any other Construction Sites in the local area.

·               waste management proposals.

·               signage

·               Details of Servicing and Delivery arrangements in respect of the construction and demolition works to ensure these activities do not hinder the flow of traffic on the public highway and are considerate of the operational hours of the neighbouring schools (including Presdales School) particularly in the morning and afternoon drop-off and pick up times. 

 

Reason: To ensure public safety during construction and highway safety for all users within the vicinity of the development, including the schools nearby, in accordance with policy TRA2 of the East Herts District Plan (2018) and guidance in the NPPF.

 

4.    The development hereby permitted (except demolition), shall not begin until a scheme to deal with contamination of land/ground gas/controlled waters has been submitted to and approved in writing by the local planning authority. The scheme shall include all of the following measures, unless the local planning authority dispenses with any such requirement specifically in writing:

1.    A Phase I site investigation report carried out by a competent person to include a desk study, site walkover, the production of a site conceptual model and a human health and environmental risk assessment, undertaken in accordance with BS 10175: 2011 Investigation of Potentially Contaminated Sites – Code of Practice.

2.    A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites – Code of Practice. The report shall include a detailed quantitative human health and environmental risk assessment.

3.    A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation shall be stated, and how this will be validated. Any ongoing monitoring shall also be determined.

4.    If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed in an appropriate remediation scheme which shall be submitted to and approved in writing by the local planning authority.

5.    A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology shall be submitted prior to [first occupation of the development/the development being brought into use]. Details of any post-remedial sampling and analysis to demonstrate that the site has achieved the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

Reason: To minimise and prevent pollution of the land and the water environment and in accordance with national planning policy guidance set out in section 11 of the National Planning Policy Framework, and in order to protect human health and the environment in accordance with policy EQ1 of the adopted East Herts District Plan 2018.

36. Prior to above ground works of any unit hereby approved bird and bat boxes shall be provided along with other works to secure potential for increased biodiversity within the site, in accordance with details that are to be submitted to and agreed in writing by the Local Planning Authority. All integrated bird and bat boxes will be installed before any part of the roof of the building is constructed which includes the fitting of any cappings or copings, roof ties, roof trusses or rafters according to construction method.

Reason: In accordance with the requirements of Policy NE3 of the East Herts District Plan 2018.

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

 

RESOLVED – that application 3/22/2321/FUL be granted planning permission subject to a suitable legal agreement and subject to the conditions set out at the end of the report, and subject to the following amended conditions:

3.    Prior to the commencement of the development, a ‘Construction Traffic Management Plan’ shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan. The ‘Construction Traffic Management Plan’ shall identify details of:

·               the phasing of construction and proposed construction programme.

·               the methods for accessing the site, including wider construction vehicle routing.

·               the numbers of daily construction vehicles including details of their sizes, at each phase of the development.

·               the hours of operation and construction vehicle movements.

·               details of any highway works necessary to enable construction to take place.

·               details of construction vehicle parking, turning, and loading/unloading arrangements clear of the public highway.

·               details of any hoardings.

·               details of how the safety of existing public highway users and existing public right of way users will be maintained.

·               management of traffic to reduce congestion.

·               control of dirt and dust on the public highway, including details of the location and methods to wash construction vehicle wheels, and how it will be ensured dirty surface water does not runoff and discharge onto the highway.

·               the provision for addressing any abnormal wear and tear to the highway.

·               the details of consultation with local businesses or neighbours.

·               the details of any other Construction Sites in the local area.

·               waste management proposals.

·               signage

·               Details of Servicing and Delivery arrangements in respect of the construction and demolition works to ensure these activities do not hinder the flow of traffic on the public highway and are considerate of the operational hours of the neighbouring schools, particularly in the morning and afternoon drop-off and pick up times. 

 

Reason: To ensure public safety during construction and highway safety for all users within the vicinity of the development, including the schools nearby, in accordance with policy TRA2 of the East Herts District Plan (2018) and guidance in the NPPF.

 

4.    The development hereby permitted (except demolition), shall not begin until a scheme to deal with contamination of land/ground gas/controlled waters has been submitted to and approved in writing by the local planning authority. The scheme shall include all of the following measures, unless the local planning authority dispenses with any such requirement specifically in writing:

1.    A Phase I site investigation report carried out by a competent person to include a desk study, site walkover, the production of a site conceptual model and a human health and environmental risk assessment, undertaken in accordance with BS 10175: 2011 Investigation of Potentially Contaminated Sites – Code of Practice.

2.    A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites – Code of Practice. The report shall include a detailed quantitative human health and environmental risk assessment.

3.    A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation shall be stated, and how this will be validated. Any ongoing monitoring shall also be determined.

4.    If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed in an appropriate remediation scheme which shall be submitted to and approved in writing by the local planning authority.

5.    A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology shall be submitted prior to [first occupation of the development/the development being brought into use]. Details of any post-remedial sampling and analysis to demonstrate that the site has achieved the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

Reason: To minimise and prevent pollution of the land and the water environment and in accordance with national planning policy guidance set out in section 11 of the National Planning Policy Framework, and in order to protect human health and the environment in accordance with policy EQ1 of the adopted East Herts District Plan 2018.

36. Prior to above ground works of any unit hereby approved bird and bat boxes shall be provided along with other works to secure potential for increased biodiversity within the site, in accordance with details that are to be submitted to and agreed in writing by the Local Planning Authority. All integrated bird and bat boxes will be installed before any part of the roof of the building is constructed which includes the fitting of any cappings or copings, roof ties, roof trusses or rafters according to construction method.

Reason: In accordance with the requirements of Policy NE3 of the East Herts District Plan 2018.