Agenda item

a) Recommended that a variation of the S106 unilateral undertaking (reference 3/11/0236/SV) be granted.

b) Recommended for Approval.

Mr McCormick addressed the Committee in opposition to the application.  Mr Luder spoke for the application.

The Director of Neighbourhood Services recommended that the S106 unilateral undertaking (reference 3/11/0236/SV) dated 21 January 2008 pursuant to planning permission 3/07/1546/FO be varied to omit Clause 5.1 removing the requirement to provide a Car Club.  The Director also recommended that, subject to a variation of the legal agreement as now detailed, application 3/11/0236/FP be granted subject to the conditions now detailed.

Councillor M Newman commented on whether these applications had to be determined together or could the Committee consider them separately.  The Director confirmed that although the report covered interrelated issues on both applications, there was no reason why the applications could not be considered separately.

In response to further queries from Councillor Newman, the Director commented that a decision to authorise the variation of section 106 planning obligations under recommendation (A) meant that a decision had to be made on recommendation (B) as an applicant could not discharge their obligations under application 3/11/0236/SV without a decision being made on application 3/11/0217/FP. 

Members were reminded that applicants could lodge appeals against non determination of an application.  The Director queried what Members sought to achieve by disentangling these applications.

Councillor S Rutland-Barsby proposed and Councillor M Alexander seconded, a motion that application 3/11/0217/FP be approved and application 3/11/0236/SV be deferred and authority be delegated to Officers to further consider the conditions in consultation with Councillor Rutland-Barsby and the Chairman of the Committee.

After being put to the meeting and a vote taken, this motion was declared CARRIED.

The Committee rejected the recommendation of the Director of Neighbourhood Services that the S106 unilateral undertaking (reference 3/11/0236/SV) dated 21 January 2008 pursuant to planning permission 3/07/1546/FO be varied to omit Clause 5.1 removing the requirement to provide a Car Club.

The Committee accepted the recommendation of the Director that, subject to a variation of the legal agreement as now detailed, application 3/11/0217/FP be granted subject to the conditions now detailed.

RESOLVED – that (A) in respect of application 3/11/0236/SV to vary the S106 unilateral undertaking (reference 3/11/0236/SV) dated 21 January 2008 pursuant to planning permission 3/07/1546/FO be varied to omit Clause 5.1 removing the requirement to provide a Car Club, planning permission be deferred; and

(B)   subject to a variation of the legal agreement as now detailed, in respect of application 3/11/0217/FP, planning permission be granted subject to the following conditions:

1.           Three year time limit (1T12)

2.           Approved plans (2E10 – WH112/11/P/05.101, WH112/11/P/15.01 rev A, WH112/11/P/10.000, WH112/11/P/10.100, WH112/11/P/10.101 rev A, WH112/11/P/35.101 rev A, WH112/11/P/35.102 rev A, WH112/11/P/35.103 rev 0)

3.           Prior to any building works being commenced, details of the brick for use on the retaining wall hereby permitted shall be 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,

4.           Prior to the commencement of development, specification details of the lighting columns and bollards, including dimensions, levels of illumination and materials of construction, shall be submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall be carried out as approved, and no further lighting shall be provided without the prior written permission of the Local Planning Authority.

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

5.           Tree retention and protection (4P05)

6.           Landscape design proposals (4P12 e, i, j, k)

7.           Landscape works implementation (4P13)

8.           No soakaways shall be constructed in contaminated land.

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

9.           If, during development, contamination not previously identified is found to the present at the site then no further development shall be carried out (unless otherwise agreed in writing by the Local Planning Authority) until the developer has submitted and obtained written approval from the Local Planning Authority for a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved.

Reason: To protect groundwater and surface waters in accordance with policies ENV20 and ENV21 of the East Herts Local Plan Second Review April 2007.

10.      The development hereby permitted shall not be commenced until such time as a scheme to provide floodplain compensation up to the 1 in 100 year plus climate change flood level has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented and subsequently maintained in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed in writing by the Local Planning Authority

Reason: To ensure no loss of floodplain storage capacity as a result of the development which would otherwise increase flood risk, in accordance with policy ENV19 of the East Herts Local Plan Second Review April 2007 and PPS25 ‘Development and Flood Risk’.