Agenda item

Recommended for Approval.

Mr Holland addressed the Committee in objection to the application.

 

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1147/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 P A Ruffles expressed sympathy with the views of Hertford Town Council.  He stressed that there was one single route into this area of Hertford via Hertford East Station.  He expressed concerns in relation to the commercial and industrial aspects of the application.

 

Councillor R N Copping expressed strong concerns in respect of an 8% provision of affordable housing against a policy of 40%. 

 

Councillor S Rutland-Barsby concurred with the comments of the public speaker in relation to car clubs.  She stated that the Committee was trapped in making a decision in the sense that a previous application on this site had been approved on appeal.

 

Councillor Rutland-Barsby expressed concerns in relation to the parking and highways situation on this site.  She emphasised that although she was against this application, there were no sound reasons in planning law for refusing it.

 

The Director reminded Members that developers were increasingly challenging the Authority on percentages of affordable housing in relation to the viability of developments.  He stressed that in the current financial climate, this was to be expected.  Members were advised that planning inspectors were now accepting these viability assessments.

 

The Director cautioned Members that the although the Committee had previously refused this application, the Authority had lost the subsequent appeal.  The Committee would have to articulate very clearly why Members remained unsupportive of this application given the appeal decision.

 

The Director stated that the Authority could be judged to be acting unreasonably should this application be refused for reasons that could not be substantiated.

 

The Committee accepted the recommendation of the Director of Neighbourhood Services that application 3/10/1147/FP be granted subject to the conditions now detailed and the section 106 legal agreement.

 

Councillor S Rutland-Barsby requested that her abstention from voting be recorded.

 

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.           The provision of a minimum 8% affordable housing to be provided in accordance with the following mix:- Socially rented as 2 x 1 bed 2 person flat, 4 x 2 bed 4 person flat, 2 x 3 bed 4 person flat and 1 x 3 bed 5 person flat, and shared ownership as 2 x 1 bed 2 person flat and 3 x 2bed 3 person flat. This level of affordable housing is, however, subject to a review mechanism requiring the appraisal to be carried out again prior to the implementation of the permission (no earlier than 6 months and no later than 4 months prior to the implementation date (to be defined).

 

2.           £126,722 for Primary Education

 

3.           £51,092 for Secondary Education

 

4.           £25,364 for Nursery Education

 

5.           £7,671 for Childcare

 

6.           £1,415 for Youth

 

7.           £16,797 for Libraries

 

8.           £45,000 for transport provision

 

9.           £20,000 for controlled parking zone

 

10.      £120,990 for outdoor sports facilities

 

11.      £8,935 for children and young people

 

12.      £300 standard monitoring fee per clause

 

13.      Provision of Fire Hydrants

 

14.      The provision of a car club

 

in respect of application 3/10/1147/FP, planning permission be granted subject to the following conditions:

 

1.            Three year time limit (1T12)

 

2.            Before site clearance is commenced, areas shall be provided on site for the delivery and storage of construction materials and the parking of construction vehicles, together with the means of access thereto, in accordance with a plan to be first submitted to and approved in writing by the Local Planning Authority.

 

        Reason: To ensure adequate off-street parking facilities in the interests of highway safety and traffic flows.

 

3.            Programme of archaeological work (2E02)

 

4.            Before the development hereby permitted begins, a soil survey of the site shall be undertaken to assess the degree of contamination of the site and of existing groundwater contamination, and to determine its water pollution potential risk located on site and off-site, the methods and extent of the investigation having first been agreed with the Planning Authority, and as scheme of measures to prevent pollution of ground water and surface water, including provision for monitoring, shall be submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented and completed before any dwelling (or any dwelling in a specified phase, if a phasing programme has been approved) hereby permitted is first occupied and a report certifying this has been submitted to the Local Planning Authority.

 

        Reason: To minimise and prevent pollution of the land and the water environment and in accordance with PPS23 – Planning and Pollution Control.

 

5.            Development shall not begin until surface water drainage works have been carried out in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed taking into account assessment of storm periods and intensity and methods to delay and control the surface water discharged from the site. If, in light of such assessment, it is concluded that a Sustainable Urban Drainage System (SUDS) should be implemented, consideration should be given to groundwater quality and the scheme shall specify:

 

i)              A management and maintenance plan, which shall include the arrangements for adoption by any public authority or statutory undertaker or nay other arrangements to secure the operation of the scheme throughout its lifetime; and

 

ii)            The responsibilities of each party for implementation of the SUDS scheme, together with a timescale for that implementation.

 

        Reason: To protect the quality of groundwater and surface water and in accordance with PPS25.

 

6.            No development hereby permitted shall commence until details of proposed finished floor levels, and the means of protecting units numbered D.01 and D.02 from the ingress of flood water, have been submitted to and approved in writing by the Local Planning Authority. In particular:

 

i)              With the exception of the lower floors of units numbered D.01 and D.02, no unit shall have a floor level lower than 39.3metres AOD; and

 

ii)            The lower floor units D.01 and D.02 shall be no lower than 35.5 metres AOD and they shall have no structural openings in their external walls lower than 38.03 metres AOD. Below this latter level, these two units shall be fully ‘tanked’ to avoid the ingress of water through the floors, drains, walls, ventilation ducts, cavities and all other openings.

 

        The development shall be constructed in accordance with all of these details, as approved.

 

        Reason: To reduce the risk of flooding to the proposed development and in accordance with PPS25.

 

7.            No development shall commence until details of the basement car parking access ramp have been approved by the Local Planning Authority. The scheme shall be constructed in compliance with the approved plans, with the top of the access ramp set at a height of 38.78 metres AOD.

 

        Reason: To reduce the risk of flooding to the proposed development and in accordance with PPS25.

 

8.            The development permitted shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) and the following mitigation measures detailed within the FRA:

 

i)              Provision of compensatory flood storage on the site to a 1 in 100 year plus climate change standard; and

 

ii)            Identification and provision of safe routes into and out of the site to an appropriate safe haven.

 

        Reason: To reduce the risk of flooding to the proposed development and to prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided, and in accordance with PPS25.

 

9.            No development shall take place until full details of both hard and soft landscaping works (the ‘landscaping’ of the site as defined in Article 1 of the Town and Country Planning (General Development Procedure) Order 1995 notwithstanding the reference therein to outline planning permission) have been submitted to and approved in writing n by the Local Planning Authority. These shall include, in addition:

 

i)              details of all materials to be used for hard surfaced areas within the site including roads, driveways, pedestrian routes and car parking areas, including those beneath the proposed flats;

 

ii)            the location and design of nay barriers required to be erected at access points from the site onto the River Lee towpath for public safety reasons; and

 

iii)          a buffer zone 8 metres wide for wildlife alongside the River Lee for the full extent of the site, in accordance with application drawing 3005-27-AP.

 

        Reason: To ensure the provision of amenity afforded by appropriate landscape design and in the interets of wildlife habitats, in accordance with policy ENV2, ENV17 and ENV18 of the East Herts Local Plan Second Review April 2007.

 

10.      A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas including the buffer zone (other than small, privately owned, domestic gardens) shall be submitted to and approved in writing by the Local Planning Authority before the development commences.

 

        Reason: To ensure the provision of amenity afforded by appropriate landscape design and in accordance with policy ENV2 of the East Herts Local Plan Second Review April 2007.

 

11.      Landscape works implementation (4P13)

 

12.      That part of the landscaping scheme referring to the 8 metre wide wildlife buffer zone shall not incorporate any built development including hard standings, fences or formal/ornamental gardens except for the public towpath running north to south.

 

        Reason: In the interets of wildlife habitats, in accordance with policy ENV17 and ENV18 of the East Herts Local Plan Second Review April 2007.

 

13.      Before any of the flats in Block A and B are occupied a continuous screen boundary wall shall be erected from the back of block D along the whole of the southern boundary of the site, including the return behind 2-12 Spencer Street, in accordance with details of height, design and materials to be first submitted to and approved by the Local Planning Authority. The wall shall thereafter be retained in its entirety unless the Local Planning Authority agrees otherwise.

 

        Reason: To safeguard the privacy of occupiers of adjoining properties, in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

 

14.      Prior to the first occupation of any of the flats hereby permitted, the children’s play area shown on drawing 2936/L/01F shall be laid out, equipped and made available for use in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.

 

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

 

15.      Details of any external lighting proposed in connection with the development shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and no external lighting shall be provided without such written approval.

 

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

 

16.      The basement car park shall not be brought into use until a scheme of lighting and CCTV surveillance has been introduced in accordance with plans which shall previously have been submitted to and approved in writing by the Local Planning Authority.

 

        Reason: In the interest of safety and in accordance with Policy ENV3 of the East Herts Local Plan Second Review April 2007.

 

17.      Notwithstanding the details shown on drawing 3005-21-AP, before development is commenced a revised basement plan shall be submitted to and approved in writing by the Local Planning Authority showing the proposed vehicle and cycle parking layout for the site. Prior to the first occupation of the development hereby permitted, the spaces so shown and approved shall be provided and thereafter kept available at all times for vehicles and cycle parking in connection with the development hereby permitted.

 

        Reason: To encourage the use of cycles as means of transport, in accordance with policies TR13 and TR14 and in the interests of highway safety, and in accordance with policies TR2 and TR7 of the East Herts Local Plan Second Review April 2007.

 

18.      No dwelling shall be occupied until visibility splays have been provided at the junction of the car park access road with the public highway as shown in drawing 3005-22-P. The minimum dimensions to provide the required splays lines shall be 2.4 metres measured along the centre line of the proposed access road from their junction with the channel of Marshgate Drive and 43 metres from the centre line of the proposed access road along the line of the channel of the public highway. The vision splays required shall be provided and defined on the site by or on behalf of the developers and be kept free of nay obstruction above 600mm in height.

 

        Reason: To provide visibility for drivers of vehicles entering and leaving the site.

 

19.      Development above ground level shall not begin until details of the proposed 2 metre wide footway along the Marshgate Drive frontage of the site and footpath links through the site linking Marshgate Drive with the tow path alongside the River Lee Navigation have been submitted to and approved in writing by the Local Planning Authority.

 

        Reason: To provide adequate routes for pedestrians movement through the site.

 

20.      Before the new vehicular accesses shown on drawing 3005-22-AP are first brought into use, any existing access to Marshgate Drive from the site, which is not incorporated into those new accesses shall be permanently closed in a manner to be first agreed with the Local Planning Authority in writing.

 

        Reason: In the interests of highway safety and amenity.

 

21.      Detailed plans, showing the existing and proposed ground levels of the site relative to adjoining land, together with the slab levels and ridge heights of the proposed buildings, shall be submitted to, and approved in writing by the Local Planning Authority prior to the commencement of development.

 

        Reason: To ensure that the development is properly related to the levels of adjoining development in the interests of amenity.

 

22.      Prior to any building works being commenced, samples of the external materials of construction for the buildings hereby permitted shall be approved in writing by the Local Planning Authority.

 

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

 

23.      The balcony to flat A.3.2 shall not at any time be extended over block D unless with the prior permission, in writing, of the Local Planning Authority.

 

        Reason: To safeguard the privacy of occupiers of adjoining properties, in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

 

24.      Before the development hereby permitted is commenced, details of the proposed enclosure of the recycling compound at the southern extremity of block C shall be submitted to and approved in writing by the Local Planning Authority and the compound shall be constructed in accordance with those details before any flat in Block C is first occupied.

 

25.      Notwithstanding the details shown in 3005-42-AE, a revised elevation 6 shall be submitted to and approved in writing by the Local Planning Authority to omit the balcony shown for flat B.2.6 and to show substitute fenestration.

 

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

 

26.      The proposed development shall be carried out and completed in all respects in accordance with the access, siting and layout illustrated on the approved plan and defined by this permission and, notwithstanding the provisions of Article 3 of the Town and Country Planning General Permitted Development order 1995, (or any Order revoking or re-enacting that Order) there shall be no variation without the prior approval in writing of the Local Planning Authority.

 

        Reason: To comply with the requirements of the Town and Country Planning (General Permitted Development) Order 1995.

 

27.      Approved plans (2E10): -  3005-01-LOC, 3005-03-SUR, 3005-08-COMP, 3005-06-COMP, 3005-04-FG, 3005-07-COMP, 3005-05-COMP, 3005-10-BP, 3005-30-KEY, 3005-09-3D, 3005-02-PH, 3005-20-SP, 3005-21-AP, 3005-22-AP, 3005-23-AP, 3005-24-AP, 3005-25-AP, 3005-26-AP, 3005-27-AP, 2936\L\01F, 3005-40-AE, 3005-41-AE, 3005-42-AE, 3005-43-AE, 3005-44-AE

 

Directives:

 

1.            Other Legislation (01OL)

 

2.            Footpath crossing (05FC)

 

3.            Street Naming and Numbering (19SN)

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan 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, HSG6, TR1, TR2, TR7, TR14, ENV1, ENV2, ENV3, ENV17, ENV18, ENV20, BH1, BH2, BH3, LRC3 and LRC1, and PPS1, PPS3, PPG13, and PPS23 and PPS25. The balance of the considerations having regard to those policies and the permission granted under ref LPA 3/07/0935/FP, is that permission should be granted.