Agenda item

Recommended for Refusal.

Mr Roff addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1280/OP, outline planning permission be refused for the reasons now detailed.

Councillor S Basra addressed the Committee in support of the application as the local ward Member.  He commented that the application would create 3 dwellings in what was a nice cul-de-sac.  Councillor Basra stated that there were no problems with access from Baldock Road and urged Members to approve the application.

Councillor S Bull echoed the points raised by Councillor Basra, in particular, the point about the acceptable access from Baldock Road.  He stated that the Environment Agency, Hertfordshire Highways and Buntingford Town Council had raised no objections.  Councillor Bull also urged the Committee to support this application.

Councillor M Newman commented that the principal concern for Officers appeared to be the cramped nature of the proposed development.  He stressed that when compared to a site in Hunsdon and other applications that had been approved, the proposed development was very well spaced out by comparison.

The Director reminded Members that they should make their judgement in relation to the Local Plan policies that were relevant to this application.  Members were reminded that this was an outline application and full details in respect of the layout of the site were not known at this stage.  He commented that Members would only be approving this application in principle if they wanted to support it at this stage.

The Director advised that Members should bear in mind that policies in the East Herts Local Plan Second Review April 2007 were not supportive of applications that were beyond the outer boundary of a town in the rural area of the District.

The Committee was advised not to place significant weight on the issue of this outline application providing a contribution to the housing supply in the District.  The Director stressed that even if a full application was submitted for 4 to 5 houses, this was not considered to be significant in land supply terms.

The Director advised that Members should consider the potential impact of the adjoining uses on the proposed development. 

Councillor Mrs R Cheswright commented that the site was very well screened and would not be unduly cramped in nature.  She stated that 3 houses would sit very well in this location. 

The Chairman reminded Members that this was only an outline application and the full application could be for more than 3 houses.  Members were reminded that approving this scheme was only to establish the principle of development.

In response to a query from Councillor J Demonti as to whether the Committee could attach a condition to this application restricting the site to 3 dwellings, the Director stressed that such a condition may not be able to achieve the objective sought as separate new full applications could be submitted.

Councillor S Bull proposed and Councillor M Newman seconded, a motion that outline application 3/11/1280/OP be approved subject to the total number of residential units within the development not exceeding 3 and the maximum height of any proposed buildings not exceeding 6 metres to the eaves and 9 metres to the roof ridges, as proposed within the submitted application.

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 outline application 3/11/1280/OP be refused planning permission for the reasons now detailed.

RESOLVED – that in respect of application 3/11/1280/OP, planning permission be granted subject to the following conditions:

1.            Outline  permission time limit (1T032)

2.            Outline – submission of details (2E012)

3.            The total number of residential units within the development hereby permitted in outline shall not exceed 3 and the maximum height of any proposed buildings shall not exceed 6 metres to the eaves and 9 metres to the roof ridges, as proposed within the submitted application.

Reason: To ensure the provision of an appropriate form of development that is compatible with the context of the surrounding area; in accordance with the parameters set out within the application and accompanying Design and Access Statement, and in accordance with policy ENV1 of the Local Plan.

4.            Approved drawings (2E102) - 210070DWG004A; 210070DWG003D

5.            Programme of archaeological work (2E024)

6.            The detailed layout plans to be submitted for approval of reserved matters shall indicate the provision of a 1.8m wide footway between the site and the end of the existing footway along Baldock Road to the east of the site. No occupation of any development shall occur until the footway has been constructed.

Reason: To ensure the provision of an appropriate footway link in the interests of highway safety and convenience for pedestrians.

7.            Wheel washing (3V251)

8.            Prior to the commencement of the development, a scheme for the protection of dwellings against external noise shall be submitted to and approved in writing by the local planning authority. All works which form part of the approved scheme shall be completed prior to the occupation of any permitted dwelling.

Reason: In order to ensure an adequate level of amenity for residents of the new dwellings in accordance with Policy ENV25 of the East Herts Local Plan second Review April 2007.

9.            Construction hours of working (6NO72)

10.      Prior to the commencement of development, a detailed survey and assessment of the site shall take place to determine if the land is contaminated and, if so, what remediation measures are necessary.  Any necessary remediation shall include measures to decontaminate the site (specifying actions and target levels relating to any contaminants found) and prevent pollution of groundwater and surface water.  All details of any survey, assessment and proposed remediation works (complete with a timescale) pursuant to this condition shall be submitted to and agreed in writing by the Local Planning Authority and development shall only take place in accordance with the agreed details.

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

Directives:

1.            Street naming and numbering (19SN4)

2.            Please note that if, either before or during construction works, it is discovered that the site is contaminated the responsibility for safe development and secure occupancy of the site lies with the developer.

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 SD1, SD2, GBC2, GBC3, TR2, TR7, ENV1, ENV2, ENV11, BH1, BH2, BH3 and IMP1 and PPS 1: Delivering Sustainable Development, and PPS 3: Housing.  The balance of the considerations having regard to those policies and the location of the site between the existing development to the North West of the site and the approved residential development under ref: 3/10/2040/OP to the South is that permission should be granted.