Agenda item

Recommended for Approval, subject to a S106 Planning Obligation of the Town and Country Planning Act 1990.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/0384/FO, subject to the applicant, within 6 months of the date of this resolution, entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990, outline planning permission be granted subject to the conditions now detailed.

Councillor M Alexander expressed concerns in respect of a single point of access for this outline permission for phase 2 of this development.  He pointed out that the access junction through Lady Margaret Gardens was often congested on match days of Ware Youth Football Club.

Councillor Alexander stated his surprise that the fire brigade seem satisfied with the single point of access.  He stated that should the junction of Lady Margaret Gardens and Fanhams Hall Road become blocked, then the residents of this proposed development would be trapped.  He stressed that the County Council should have suggested alternative access arrangements when commenting on this application.

The Director reminded Members that this site had always been a housing allocation site with a single point of access.  Members were advised that County Highways had not sought to restrict the approval of planning permission for this outline application for up to 81 units.

After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Director of Neighbourhood Services that, subject to the applicant, within 6 months of the date of this resolution, entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990, application 3/11/0384/OP be granted subject to the conditions now detailed.

Councillors M Alexander, D Andrews and J Taylor requested that their dissent with this decision be recorded.

RESOLVED – that subject to the applicant, within 6 months of the date of this resolution, entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990:

1.    The provision of  financial contributions of £625 per 1 bed residential unit, £750 per 2 bed unit, £1125 per 3 bed unit, and £1500 per 4 +bed units towards Sustainable Transport  Programme and Measures in the vicinity of the site.

2.    The provisions of a financial contribution of £8000 for TRO costs, and Bus stop improvements.

3.    The provision of Primary and Secondary Education Contributions, in accordance with the current HCC Contributions Table.

4.    The provision of Library contributions, in accordance with current HCC Contributions Table;

5.    The provision of Youth infrastructure contributions in accordance with the current HCC Contributions Table;

6.           The provision and adoption of suitable landscaped open space and areas of play and / or commuted sums for equivalent off-site provisions in accordance with the Council’s adopted SPD: Open Space, Sport and Recreation 2009, together with a sum for the future maintenance of such spaces. Such provision shall include, as a minimum, a LEAP and a LAP for the site, or provision shall be made via the enhancement/enlargement of the existing play space on POS2, including the provision of a NEAP.

7.    The provision of fire hydrants;       

8.    The provision of 40% affordable housing comprising 75% rented and 25% Intermediate market housing;

9.    The provision of 15% of the dwellings to be built to ‘Lifetime Homes’ standards and scaled drawings to be submitted at  reserve matters stage of  internal layout and external spaces for these dwellings.

10.  The provision of a publicly accessible network of pedestrian and cycle routes linking the existing network in (Phase 1) Lady Margaret Gardens, Tower Road and Evergreen Road.

in respect of application 3/11/0384/OP, outline planning permission be granted subject to the following conditions:

1.           Outline permission time limit (1T03)

2.           Outline permission –submission of details (2E01)

3.           Programme of Archaeological work (2E02)

4.           Surface water source control measures shall be carried out in accordance with details which shall have been previously submitted to and approved in writing by the Local Planning Authority, prior to the commencement of the development.

        Reason:  To protect controlled waters as the site is in an area of high risk on a principle Aquifer around a water abstraction borehole in accordance with policy ENV20 and 21 of the East Herts Local Plan April 2007.

5.           Provision of wheel washing facilities (3V25)

6.           Contractors parking and materials storage compound (3V22)

7.           Ecological Survey / Assessment (4P04)

8.           Landscaping design proposals  (4P12)

9.           Landscaping Implementation  (4P13)

10.      The development shall be carried out in accordance with the approved Flood Risk Assessment E1360/njb/hla/FRAreport REV3 dated  December 2010 by Wormald Burrows Partnership and the recommended mitigation measures contained therein.

        Reason: To prevent flooding by ensuring satisfactory disposal of surface water from the site and the delivery of a sustainable drainage system in accordance with policy ENV 21 of the East Herts Local Plan April 2007.

11.      Contaminated land survey and remediation (2E33)

Directives:

1.           Other Legislation (01OL)

2.           Planning Obligations (08PO)

3.           Notwithstanding, the application description for an outline development of ‘up to 81 dwellings’ proposed on the site shown on the indicative plans, the appropriateness of the site to accommodate ‘up to 81 dwellings’  together with adequate open space provision will, given the constraints of the site, have to be demonstrated at the detailed stage of a Reserved Matters application.

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 7 and 8 of the Waste Local Plan and policies SD1, SD2, SD3, HSG3, HSG4, HSG6, TR1, TR2,TR3,TR7,TR8, TR12,TR14, ENV1, ENV2, ENV3, ENV11,  ENV20, ENV21,  LRC3, LRC9, BH1, BH2, BH3,WA2 (I), (II) and IMP1 of the Adopted Local Plan and national planning guidance  PPS1, PPG13 and PPS3.  The balance of the considerations having regard to those policies and the Trinity Centre Development Brief approved August 2002 is that outline permission should be granted.