Agenda item

Mr Lambert addressed the Committee in support of the application.

 

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1968/FP, subject to the applicant entering into a legal agreement pursuant to section 106 of the Town and Country Planning Act 1990, planning permission be granted subject to the conditions now detailed.

 

Councillor Mrs M H Goldspink thanked Officers for negotiating with the applicant on the provision of a children’s play space.  She stressed that although she was disappointed there was to be no traditionally equipped play area, what had been achieved was better than nothing.

 

Councillor Goldspink expressed concerns in relation to the renewable energy requirements.  She stated she was keen for such requirements to be included.  She commented on whether the section 106 obligation for sustainable transport could be scrapped and the contribution towards outdoor sports facilities reduced so this money could be used to ensure that at least 10% of the energy supply of the development was supplied by decentralised and renewable or low-carbon sources.

 

Councillor V Shaw, as the local ward Member, stated that she had visited the proposed play space.  She commented that as this was the best that could be achieved for the site, she had no problem with the proposed provision.

 

Councillor Shaw expressed concerns that the site was to be so intensely built that the dwellings would not be attractive or individual.  She expressed a continued hope that she would be able to have some input into the visual appearance of the development.

 

Councillor Shaw highlighted the importance of long term sustainable buildings on the site.  She commented that the £101,500 for sustainable transport measures was in addition to what was required for the site and should be put back into the build to support sustainable buildings.

 

In response to a query from Councillor A L Burlton, the Director advised that this Committee was the decision making body so, although Hertfordshire County Council had requested the section 106 contributions, it was for Members to decide where the greatest priority lay for the allocation of section 106 funding.

 

The Director reminded Members that developers may take notice of any decision around section 106 contributions and adjust priorities on future applications.  He stressed that contributions for sustainable transport were allocated for the area a particular local plan was intended to serve.

 

The Director advised that the government’s approach on sustainable building was very much being driven by building control regulations.  Members were advised that requests for support from the Lea Valley Regional Park could not be reasonably supported by Officers.

 

In response to a query from Councillor Burlton on car parking ratios, these had changed very slightly but the percentage change was very marginal. 

 

The Director stated that the details of building materials would be submitted to and agreed by Officers prior to the commencement of a development.  Members were reminded that the overall scale of the properties would not change at this stage.

 

Councillor J J Taylor expressed concerns in relation to the flood risk for this site.  She stated that not all of the Ware Members supported this application and she was not in support of the proposed development.

 

The Director stated that if Members were minded to change the section 106 contribution, Officers would attach an additional condition stating that prior to the commencement of development, a scheme for the implementation of energy efficiency measures should be submitted to and approved in writing by the Local Planning Authority.

 

Councillor Mrs M H Goldspink proposed and Councillor J Demonti seconded, a motion that application 3/10/1968/FP be approved subject to the deletion of the £101,400 towards sustainable transport measures and reduction by £13,000 of the contribution towards outdoor sports facilities to enable the developer to secure at least 10% of the energy supply of the development from decentralised and renewable or low-carbon sources and also subject to an additional condition stating that prior to the commencement of development, a scheme for the implementation of energy efficiency measures should be submitted to and approved in writing by the Local Planning Authority.

 

After being put to the meeting and a vote taken, there being an equality of votes, this motion was declared CARRIED on the Chairman’s casting vote.

 

The Committee accepted the recommendation of the Director of Neighbourhood Services that application 3/10/1968/FP be granted subject to the conditions now detailed and the amended section 106 legal agreement.

 

RESOLVED – that subject to the applicant entering into a Section 106 legal agreement of the Town and Country Planning Act 1990 to cover the following matters:

 

1.            To provide 30 units of affordable housing with a tenure mix of 75% social rented and 25% intermediate affordable housing or, subject to the availability of grant funding, as otherwise agreed with the Council to a minimum mix of 50% social rented and 50% intermediate affordable housing;

 

2.            To provide 15% Lifetime Homes;

 

3.            £154,737* towards Secondary Education;

 

4.            £3,050* towards Youth;

 

5.            £12,864* towards Libraries;

 

6.            £58,404 towards Outdoor Sports Facilities;

 

7.            To establish a management company for the future maintenance of roads, communal areas and public open space within the development site and a scheme to ensure the maintenance of public access to the open space;

8.            To provide fire hydrants;

 

9.            To submit full details on the location and specification of the pedestrian route and play space for written approval from the Local Planning Authority, including the footbridge over the River Lee to Tumbling Bay, and not to occupy more than 50% of the units until the footpath, bridge and play space are brought into use;

 

10.      £300 standard monitoring fee per obligation.

 

* The contributions marked with an asterix are subject to re-calculation through the legal agreement depending on the exact tenure split provided under obligation (1), and in accordance with the figures set out in the Hertfordshire Planning Obligations Toolkit.

 

in respect of application 3/10/1968/FP, planning permission be granted subject to the following conditions:

 

1.            Three year time limit (1T12)

 

2.            Approved plans (2E10 – 061001-WIM.NT.01 B, 02 A, 03, A-E1, A-E2, A-P1, B-E1 A, B-P1, C-E1, C-E2, C-P1, D-E1, D-P1 A, E-E1 A, E-P1 A, AA-E1 A, AA-E2, AA-P1, AB-E1, AB-P1, AC-E1, AC-P1, ABS-AC-E1, ABS-P1, AD-E1, AD-P1 A, AE-P1, AE-E1, B1-E1, B1-E2, B1-P1, B1-P2, B1-P3, B2-E1, B2-E2, B2-E3, B2-E4, B2-P1, B2-P2 A, B2-P3 A, B3-E1, B3-E2, B3-P1, B3-P2, B3-P3, B4-E1, B4-E2, B4-P1, B4-P2, B4-P3, GAR1, BS1, BCS1, SHED 1, SS-AA, SS-BB, SS-CC, TWNT 17471-01, TWNT 17474-03, TWNT 174747-11 Sheet 1 B, TWNT 174747-11 Sheet 2 B, TWNT 174747-11 Sheet 3 B, TWNT 174747-12)

 

3.            Programme of archaeological work (2E02)

 

4.            Boundary walls and fences (2E07)

 

5.            Materials of construction (2E11)

 

6.            Lighting details (2E27)

 

7.            Wheel washing facilities (3V25)

 

8.            Tree retention and protection (4P05 – please add ‘and hedges’)

 

9.            Landscape design proposals (4P12 - amended see AUT4)

 

10.      Landscape works implementation (4P13)

 

11.      Tree Planting (4P15)

 

12.      Vehicular use of garage (5U10)

 

13.      The development shall be carried out in accordance with the recommendations and mitigation measures set out in the Ecological Update report dated October 2010, and prior to the construction of the footbridge further ecological surveys shall be carried out to identify the presence of any reptiles, water voles, otters or amphibians and submitted to and approved in writing by the Local Planning Authority, including details of any necessary mitigation measures.

 

        Reason: To protect the ecological value of the site and protected species in accordance with policies ENV14, ENV16 and ENV17 of the East Herts Local Plan Second Review April 2007.

 

14.      No development shall take place until details of the lighting scheme and details of the management of the public open space have been submitted to and approved in writing by the Local Planning Authority. Development shall been carried out in accordance with the approved details before any of the dwellings hereby permitted are first occupied.

 

        Reason: In the interests of the appearance of the development in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

 

15.      No development shall take place until a scheme providing for the insulation of the proposed dwellings against the transmission of noise and vibration from the neighbouring commercial premises, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details before any of the dwellings hereby permitted are first occupied.

 

        Reason: To ensure a satisfactory living environment for future residential occupiers in accordance with policies ENV1 and ENV25 of the East Herts Local Plan Second Review April 2007.

 

16.      Prior to the commencement of development (or other such date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved in writing by the Local Planning Authority:

 

a.           A site investigation scheme, based on the preliminary risk assessment by CARD Geotechnics dated January 2008, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.

 

b.           The site investigation results and the detailed risk assessment (a), and based on these an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

c.           A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (b) are complete and identifying any requirements for longer-term monitoring of pollutant leakages, maintenance and arrangements for contingency action.

 

        The scheme shall be implemented as approved unless otherwise agreed in writing by the Local Planning Authority.

 

        Reason: To ensure protection of human health and the environment in accordance with PPS23 ‘Planning and Pollution Control’.

 

17.      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, and appropriate mitigation measures implemented as approved in writing.

 

        Reason: To ensure protection of human health and the environment in accordance with PPS23 ‘Planning and Pollution Control’.

 

18.      The development shall be carried out in accordance with the approved Flood Risk Assessment by Halcrow dated June 2008 and the mitigation measures contained within it, including finished floor levels set no lower than 31.94m above Ordnance Datum (AOD).

 

        Reason: To minimise the risk of flooding to people and property in accordance with policy ENV19 of the East Herts Local Plan Second Review April 2007.

 

19.      No building hereby permitted shall be occupied until a sustainable urban drainage system has been implemented in accordance with details that shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall:

 

a.           Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

 

b.           include a timetable for its implementation; and,

 

c.           provide a management and maintenance plans for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements for adoption by any public authority or statutory undertaker and any other arrangements s to secure the operation of the scheme throughout its lifetime.

 

        Reason: To ensure satisfactory management of surface water drainage in accordance with policy ENV21 of the East Herts Local Plan Second Review April 2007.

 

20.      Before first occupation of any of the buildings hereby permitted foul drainage works shall have been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority

 

        Reason: To ensure satisfactory management of foul drainage in accordance with policy ENV20 of the East Herts Local Plan Second Review April 2007.

 

21.      Piling or any other foundation design using penetrative methods shall not be permitted other than with the express consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

        Reason: To protect groundwater on site in accordance with policy ENV20 of the East Herts Local Plan Second Review April 2007.

 

22.      No development shall be carried out until full details of the estate road junction onto Widbury Hill, including visibility splays, have been submitted to and approved in writing by the Local Planning Authority. No dwellings shall be occupied until such time as the access has been constructed in accordance with the approved details.

 

        Reason: To ensure satisfactory access to the site and highway safety.

 

23.      No development shall begin until details of the proposed service roads, including sections, gradients and method of surface water disposal have been approved in writing by the Local Planning Authority.  No dwelling shall be occupied until that part of the service road which provides access to it has been constructed in accordance with the approved plans.

 

        Reason: To ensure satisfactory access to the site and highway safety.

 

24.      Construction of the development hereby approved shall not commence until details of construction vehicles movements and construction access arrangements are submitted to and approved by the Local Planning Authority.

 

        Reason: To ensure satisfactory access to the site and highway safety.

 

25.      Prior to the commencement of development, a scheme for the implementation of energy efficiency measures within the development to secure at least 10% of the energy supply of the development from decentralized and renewable or low-carbon sources, shall be submitted to and approved in writing by the Local Planning Authority, and thereafter implemented in accordance with the approved scheme.

 

        Reason: To ensure the development assists in reducing climate change emissions in accordance with policy ENG1 of the East of England Plan May 2008 and policy SD1 of the East Herts Local Plan Second Review April 2007.

 

Directives:

 

1.            Other legislation (01OL)

 

2.            Street Naming and Numbering (19SN)

 

3.            Groundwater protection zone (28GP – insert Musley Hill)

 

4.            The site has a public sewer running across or close to it which may be affected by the proposed building works. It may be necessary to divert the sewer and water course and carry out other works to protect it and the proposed building works. You should contact Thames Water Developer Services on 0845 8502777 about this matter before any site works are commenced.

 

5.            The applicant is advised that in order to comply with conditions of this permission it will be necessary for the developer to enter into an agreement with Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure satisfactory completion of the access and associated road improvements including street lighting, footway and safety barriers. The applicant is advised to contact the Eastern Herts Highways Area Office, Hertford House, Meadway Corporate Centre, Rutherford Close, Stevenage SG1 3HL (Tel 01438 757880) to obtain the requirements on the procedure to enter into the necessary agreement with the highway authority prior to commencement of development.

 

6.            The applicant is advised that if it is the intention to request Hertfordshire County Council as Local Highway Authority to adopt any of the proposed highways as maintainable at the public expense then details of the specification, layout and alignment, width and levels of the said highways together with all the necessary highway and drainage arrangements, including run-off calculations must be submitted to Eastern Herts Highways Area Office, Hertford House, Meadway Corporate Centre, Rutherford Close, Stevenage SG1 3HL (Tel 01438 757880). No development shall commence until the details have been approved in writing and an Agreement made under Section 38 of the Highways Act 1980 is in place.

 

7.            The applicant is advised to contact third party works engineer, Hilton Guerra (07710 733353) in order to ensure that any necessary consents are obtained and the works are compliant with the current British Waterways ‘Code of Practice for Works affecting British Waterways.’

 

8.            The applicant is advised that under the terms of Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 8m of the top of the bank of the River Lee, designated a ‘main river’. If there is to be increased access to the river, interpretation boards should be considered to increase awareness of the river corridor and its wildlife. This could be achieved through the Hertford’s River Corridors Partnership Interpretation Project.

 

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, HSG1, HSG3, HSG4, HSG6, TR1, TR2, TR7, TR8, TR14, EDE1, ENV1, ENV2, ENV3, ENV11, ENV14, ENV19, ENV20, ENV21, ENV25, LRC3, LRC9, WA8, WA10 and IMP1, and PPS1, PPS3, PPS4, PPS9, PPG13, PPG17, PPS23, PPG24 and PPS25.  The balance of the considerations having regard to those policies, and permission 3/08/1399/OP, is that permission should be granted.