Agenda item

Recommended for Approval, subject to no objections being raised following a referral to the Secretary of State.

Jane Orsborn addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/0115/FP, subject to no objections being raised by the Secretary of State following referral to him as an application involving a departure from the Development Plan, planning permission be granted subject to the conditions now detailed.

Councillor M Carver, as the local ward Member, stated his support for the economic benefits and employment opportunities of this application, in line with the views of High Wych Parish Council.  His main concern was that the development was unsustainable within the local community.  He referred to local problems with sewage disposal and also water pressure and supply, both on site and within the village.

Councillor Carver highlighted the importance of conditions to address these issues.  He also expressed concerns in relation to the lack of detail in the application in respect of refuse disposal facilities.  He stated that he hoped the application could be granted subject to the issues he had raised being covered by planning conditions.

The Director reminded Members of the need for any conditions to meet the standard tests advised nationally, in particular, conditions must be necessary and relevant to the planning application.  Officers felt that conditions to regularise existing problems were not in accordance with those tests.

In response to further comments from Councillor Carver in relation to Officers of the Authority engaging with Veolia Water and the applicant and residents, the Director stated that Officers did not have enough evidence or information to frame planning conditions in respect of the concerns raised by the local Member.

In response to a suggestion by the Director that the application could be deferred for the concerns in relation to water supply, refuse and sewage to be addressed, Councillor Carver stated that he felt the application should not be held up providing that it was made clear to Veolia Water by Officers and the Chairman that there was an expectation that these matters would be addressed.

The Director stated that the issue of refuse collection from the new development was a matter that could be covered by planning conditions.  He indicated that directives could be attached to a planning permission if the scheme was approved; dealing with the water supply and drainage matters but that these would not carry the same weight as conditions. He also commented that a deferral would delay the scheme for sometime and the applicant might not be very satisfied with that approach.

Councillor Carver stressed that his view was that the application should be approved subject to a directive that the applicant engaged with the appropriate water supply and disposal organisation to identify any existing problems and, where they may be exacerbated by the development, to seek to identify and implement solutions to solve them.

The Committee accepted the recommendation of the Director of Neighbourhood Services that, subject to no objections being raised by the Secretary of State following referral to him as an application involving a departure from the Development Plan, application 3/11/0115/FP be granted subject to the conditions now detailed and subject to a directive that the applicant engages with the appropriate water supply and disposal organisation to identify any existing problems and where they may be exacerbated by the development, to seek to identify and implement solutions to solve them.

RESOLVED – that, subject to no objections being raised by the Secretary of State following referral to him as an application involving a departure from the Development Plan, in respect of application 3/10/0115/FP, planning permission be granted subject to the following conditions:

1.          Three Year Time Limit (1T12)

2.          Approved plans (2E10)

       MG 684/19, MG 684/20, MG 684/21FMG 684/22B, MG 684/23A, MG 684/24A, MG 684/25B, MG 684/26A, MG 684/27A, MG 684/28A, JCA-01

3.          Sample of materials (2E12)

4.          Lighting details (2E27) insert ‘and to ensure that identified bat foraging areas are not unduly affected’ ‘ENV16’

5.          Cycle Parking Facilities (2E29)

6.          New Doors and Windows -unlisted buildings (2E34)

7.          Sample Brickwork Panel- unlisted buildings (2E35)

8.          External details of extraction equipment (2E37)

9.          Wheel washing facilities (3V25)

10.     Tree retention and protection (4P05)

11.     Landscape design proposals (4P12) a,b,c,d,e,f,g,h,I,j,k,l

12.     Landscape works implementation (4P13)

13.     Landscape maintenance (4P17)

14.     Prior to the commencement of development details of construction vehicle movements and construction access arrangements shall be submitted to an approved in writing by the Local Planning Authority.  The construction of the development shall thereafter be undertaken in accordance with the approved details

       Reason:  In the interests of highway safety and to ensure the impact of construction vehicles is minimised.

15.  Refuse disposal facilities (2E24)

Directive:

1.    The applicant is requested to engage with the appropriate water supply and disposal organisation to identify any existing problems, and where they may be exacerbated by the development to seek to identify and implement solutions to them.

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 GBC1, ENV1, ENV2, ENV11, ENV16, ENV17, SD1, LRC10, TR2, TR3, TR4, TR7, TR20 and IMP1 and PPG2 , PPS5 and PPS4. The balance of the considerations having regard to those policies is that permission should be granted.