Agenda item

The Director of Neighbourhood Services recommended that, in respect of application 3/10/2110/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 K A Barnes referred to the concerns of the parish council in respect of the loss of a warden controlled sheltered housing complex and an associated social meeting room.  He stated that 15 car parking spaces for 12 dwellings was insufficient, which would exacerbate existing problems with parked cars in Firlands.

Councillor Barnes expressed a hope that this application would be considered more carefully in relation to the loss of amenities for the elderly and car parking.

After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Director of Neighbourhood Services that application 3/10/2110/FP be granted subject to the conditions now detailed.

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.           Financial contributions towards:

·              Primary education of £30,731;

·              Secondary education of £14,516;

·              Nursery education of £4,178;

·              Childcare of £1,569;

·              Youth services of £274;

·              Libraries of £694;

·              Sustainable transport of £2,500;

·              Community Facilities of £2628;

·              Open Space- Provision for Children and Young People and Outdoor Sports Facilities of £9906.43;

·              Recycling facilities of £864; and

2.    The provision of fire hydrants;

in respect of application 3/10/2110/FP, planning permission be granted subject to the following conditions:

1.           Three Year Time Limit (1T12)

2.           Boundary walls and fences (2E07)

3.           Approved plans (2E10)

        Pl001A, PL002A, PL003A, PL004A, PL005A, PL006A, EX002, EX003, EX004, S01, Site Location Plan

4.           Samples of materials (2E12)

5.           Existing access closure (3V05)

6.           Construction parking & Storage (3V22)

7.           Provision and retention of parking spaces (3V23) Insert  ‘and all access and junction arrangements shall be completed’ and ‘and in the interests of highway safety’

8.           Tree retention and protection (4P053)

9.           Landscape design proposals (4P124 – a, b, d, e, i, j, k, l)

10.      Landscape works implementation (4P133)

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

12.      Measures to ensure that the development does not adversly impact upon bats or their roosts shall be carried out in accordance with the recommendations set out in the approved Bat Report received on 14 January 2011, 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.           You are advised that the presence of any significant unsuspected contamination that becomes evident during the development of the site including asbestos should be brought to the attention of the Local Planning Authority as soon as possible.

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 ENV1, ENV2, ENV3, ENV16, HSG1, HSG3, HSG4, HSG6, IMP1, TR7, TR14 and of the Local Plan and PPS1 – Delivering Sustainable Development and PPS3 – Housing.  The balance of the considerations having regard to those policies is that permission should be granted.