Agenda item

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

Mr Lee addressed the Committee in opposition to the application.  Mr Croucher spoke for the application.

 

The Director of Neighbourhood Services recommended that, in respect of application 3/11/0674/FP, subject to the applicant or successor in title 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.

 

The Director advised that details of the emergency access arrangements would have to be submitted to Officers prior to construction.  Officers considered it inappropriate to require a pedestrian access from Lime Close as there was sufficient parking within the proposed development in accordance with the Council’s supplementary planning document (SPD).  A condition regarding construction methods could be added to the planning permission if Members felt this was necessary.

 

Councillor M Alexander referred to the refuse and emergency vehicle plan that had been submitted.  He expressed concerns as to how refuse vehicles could get up to this site and whether these vehicles would use the emergency access via Lime Close.  He queried whether an emergency vehicle could negotiate the narrow turning circle for the emergency access from Lime Close.

 

Councillor Alexander stated that he was concerned in relation to the issue of the pedestrian link.  He stressed that a single visitor parking space was insufficient and he stated that he felt that most people would park in Lime Close and walk to this site.

 

The Director advised that it would be unfortunate if parts of any given community were segregated from neighbouring developments.  Members were advised that it might not be practical to create a secure access for emergency vehicles that could not also be used by pedestrians.  He commented that emergency services would not want a significant barrier that could not be swiftly removed.

 

The Director also advised that refuse vehicles should be able to access this site as these vehicles were able to negotiate the route up to neighbouring developments and also had no problems servicing the former hospital on this site.

 

Councillor Alexander stated that the access to the site was privately owned and often became impassable in conditions of ice and snow.  He also commented that he had observed refuse vehicles experiencing considerable difficulty in negotiating Lime Close.  He stressed that the fire service would not be happy with similar difficulties in an emergency.

 

Councillor M Alexander proposed and Councillor D Andrews seconded a motion for an additional condition that, prior to the commencement of the development, details of the emergency vehicle access onto Lime Close shall be submitted to and approved by the Local Planning Authority.  The details submitted shall ensure no pedestrian access between the site and Lime Close.

 

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

 

The Committee accepted the recommendation of the Director of Neighbourhood Services that, subject to the applicant or successor in title entering into a legal agreement pursuant to section 106 of the Town and Country Planning Act 1990, application 3/11/0674/FP be granted subject to the conditions now detailed.

 

RESOLVED – that, subject to the applicant or successor in title entering into a legal agreement pursuant to section 106 of the Town and Country Planning Act 1990 to cover the following matters:

 

1.    The provision of a financial contribution of £15,000 towards transport schemes and measures in the vicinity of the site.

 

2.            The provision of a financial contribution of £49,590 towards primary education.

 

3.            The provision of a financial contribution of £58,198 towards secondary education.

 

4.            The provision of a financial contribution of £1,084 towards libraries

 

5.            The provision of a financial contribution of £6,388 towards parks and public gardens.

 

6.            The provision of a financial contribution of £17,694 towards outdoor sports facilities

 

7.            The provision of a financial contribution of £2,613 towards provision for children and young people

 

8.            The provision of fire hydrants in accordance with the current HCC Planning Obligations Contributions Table.

 

9.            The provision of 15% of the dwellings to be built to ‘Lifetime Homes’ standards.

 

in respect of application 3/11/0674/FP, planning permission be granted subject to the following conditions:

 

1.            Three year time limit (1T12)

 

2.            Boundary walls and fences (2E07)

 

3.            Sample of materials (2E12)

 

4.            Prior to the installation of any windows and doors, detailed drawings of new doors and windows, including details and materials of the garage doors, at a scale of not less than 1:20 shall be submitted to, and approved in writing by the Local Planning Authority and shall thereafter be carried out in accordance with the approved plans and specification.

 

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

 

5.            Provision and retention of parking spaces (3V23)

 

6.            Prior to the commencement of the development hereby approved details of the emergency vehicle access onto Lime Close shall be submitted to and approved by the Local Planning Authority. The details submitted shall ensure no pedestrian access between the site and Lime Close.  Once agreed the access arrangements shall be implemented prior to the occupation of any dwelling on the site and shall therefore be retained in accordance with those details.

 

Reason: To ensure the development makes adequate provision for emergency access in the interest of highway and public safety.

 

7.            Tree retention and protection (4P05)

 

8.            Hedge retention and protection

 

9.            Landscape design proposals (4P12) parts a), d) e), f), i), j) k) and l)

 

10.      Landscape works implementation (4P13)

 

11.      Vehicular use of garage (5U10)

 

12.      Withdrawal of P.D, Part 1 Class E (2E22)

 

13.      Prior to the commencement of the development hereby approved, the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority and undertaken in accordance with the approved details:

 

1)    A preliminary risk assessment which has identified:

·                all previous uses

·                potential contaminants associated with those uses

·                a conceptual model of the site indicating sources, pathways and receptors

 

·                potentially unacceptable risks arising from contamination at the site.

 

2)          A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

3)          The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

4)          A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.

 

Reason: To ensure protection of controlled waters in accordance with policy ENV20 of the East Herts Local Plan April 2007.

 

14.      Prior to occupation of the development hereby approved, a verification report demonstrating completion of the works set out in the approved remediation strategy (Condition 14) and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority. The long-term monitoring and maintenance plan shall be implemented as approved.

 

Reason:To ensure protection of controlled waters in accordance with policy ENV20 of the East Herts Local Plan April 2007.

 

15.      If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out 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 ensure protection of controlled waters in accordance with policy ENV20 of the East Herts Local Plan April 2007.

 

16.      No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

 

Reason: To ensure protection of controlled waters in accordance with policies ENV20 and ENV21 of the East Herts Local Plan April 2007.

 

17.      Approved plans (2E10) – 101002-BEL.NL-01A, 02A, 03, 04A, 05, 06A, 07A, 08A, 09A, 10, 11, 12A, 13, 14A, 15A, 16A, 17A, 18A, 19A, 20A, BELL17679 11, 7320/01.

 

Directives:

 

1.           Other Legislation (01OL)

 

2.           Where works are required within the public highway to facilitate the emergency vehicles access onto Lime Close the highway authority require the construction of such works to be undertaken to their specification and by a contract who is authorised to work in the public highway. Before works commences the applicant will need to apply to the Eastern Herts Highways Area Office, Hertford House, Meadway Corporate Centre, Rutherford Close, Stevenage, SG1 3HL.

 

3.           Street name and numbering (19SN)

 

4.           Veolia Water (28GP)

 

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 East Herts Local Plan Second Review April 2007), and in particular policies SD1, SD2, SD3, HGS1, HSG3, HGS4, HSG6, HGS7, TR2, TR7, ENV1, ENV2, ENV3, ENV4, ENV9, ENV11 and BH6 and PPS5.  The balance of the considerations having regard to those policies is that permission should be granted.

 

Please note that under new regulation 11D of the Town and Country Planning (fees for applications and deemed applications) (amendment) (England) Regulations 2008, a fee is chargeable of £85 per request for the discharge and/or confirmation of compliance with a condition. To avoid any unnecessary cost we would recommend that you submit all the required information for discharge of conditions in one application as the fee is payable per request.