Agenda item

Recommended for Approval.

The Director of Neighbourhood Services recommended that, subject to the applicant entering into an agreement pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of application 3/12/0554/OP, planning permission be granted subject to the conditions now detailed.

 

The Director referred Members to the additional representations schedule, in particular the amendments to plan references detailed in the report.  Members were advised that Officers had recommended that the applicant be required to either, make highway improvements to the A414 to create a new Pelican Crossing or to provide a financial contribution of £60,000 towards such works.

 

The Director also stated that, further to Paragraph 7.27 of the Committee report, Essex County Council had been informed of highway improvements on their land requested by Hertfordshire Highways and Essex County Council had not raised any objections.

 

Councillor M Newman, as the local ward Member, stated that a previous application had not progressed as no agreement had been reached with that particular developer.  He stressed that this application had resulted in a very positive dialogue between the applicant, the Parish Council and Officers.

 

Councillor M Newman praised all the parties for the very positive approach that had been taken towards this application.  He acknowledged the reservations of the Parish Council regarding such a large application. 

 

Councillor M Newman was pleased to see that the reservations of the Parish Council regarding affordable housing had been incorporated into the proposed conditions.

 

Councillor M Newman concluded that this scheme offered an ideal compromise between residential floor space, affordable housing and was a very well balanced proposal for what was currently a derelict industrial site.

 

Councillor G Jones praised the scheme as a good outline application.  He referred to the concerns of Officers regarding the regimented nature of the internal designs of the proposed development.  Councillor G Jones stated that he hoped a higher standard of design would come forward with the reserved matters application.

 

Councillor T Page expressed concern regarding the location of a pelican crossing on a busy section of the A414.  He also expressed concern regarding instructing Essex County Council in this matter.  He queried whether an alternative provision was possible, such as a tunnel in association with the railway bridge.

 

The Director advised that Essex County Council would be fully involved in respect of all aspects of the legal agreement process and the pelican crossing.  Members were advised that it was not for East Herts Council to instruct Essex County Council where to locate a pelican crossing.  The Director stressed that other alternative crossings had the potential to be financially prohibitive and Members should determine the application based on the information detailed in the report.

 

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 entering into an agreement pursuant to Section 106 of the Town and Country Planning Act 1990, application 3/12/0554/OP be granted subject to the conditions now detailed.

 

RESOLVED – that, subject to the applicant entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990 in respect of the following amended matters:

 

1.           A financial contribution towards Primary and Secondary Education and Nursery facilities to Hertfordshire County Council in accordance with the residential type and mix as approved in any subsequent planning application and the Hertfordshire Planning Obligations Supplementary Planning Guidance 2008;

 

2.           A financial contribution to Essex County Council towards Childcare facilities in accordance with the residential type and mix as approved in any subsequent planning application and the Essex Developers Guide to infrastructure Contributions, 2010 Edition;

 

3.           At the time of the Reserved Matters Application to submit to and obtain approval from the Council of a Scheme in respect of the provision of a new community centre or a financial contribution towards the existing local village hall in accordance with Table 4 of the East Herts Planning Obligations SPD, 2007;

 

4.           A financial contribution towards outdoor sports facilities in accordance with the residential type and mix as approved in any subsequent planning application and the Planning Obligations Supplementary Planning Guidance 2008;

 

5.           20% affordable housing, 50 % of which would be rented and 50 % shared ownership;

 

6.           15% lifetime homes;

 

7.           A detailed management scheme for the future maintenance of the proposed open space and where appropriate any financial contribution that may be required towards this maintenance; and

 

8.           The undertaking of highway improvements to Burnt Mill Lane as detailed in the drawing entitled ‘Improving pedestrian facilities and priority working on Burnt Mill Lane, Option 2’;The undertaking of highway improvements to the A414 to create a new Pelican Crossing in accordance with a drawing to be submitted and agreed by the Local Planning Authority, or to provide financial contribution of £60,000 towards such works.

 

in respect of application 3/12/0554/OP, planning permission be granted subject to the following amended conditions:

 

1.           Outline permission time limit (1T03)

 

2.    The residential development hereby permitted including ancillary buildings and any underground car parking shall not exceed a total gross internal floorspace of 37,068 sq.m.

       
Reason: To ensure that the amount of development is compatible with the location of the site within the Metropolitan Green Belt.

 

3.    Approved plans (2E10): (D1001 P3, D1005 P3, D1004 P4, D1003 P5, D1002 P6 and F1100 P1)

 

4.           Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") of the development shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason: To comply with the provisions of Article 4 of the Town and Country Planning (Development Management Procedure) Order 2010.

 

5.           Prior to the occupation of the development the pedestrian and cyclist accesses shown on Plan No. D1004 P4 shall be provided and thereafter retained for such use.

Reason: To help achieve a sustainable development and promote the use of non car modes of transport in accordance with the aims of the NPPF.

 

6.           Hours of working - plant and machinery (6N05)

 

7.    Prior to the commencement of development the works specified within the Phase 1 Geo-environmental Assessment Report, March 2011, shall be carried out unless amendments to these works are agreed in writing by the Local Planning Authority.  Following the completion of the works a validation report shall be submitted to and approved in writing by the Local Planning Authority prior to any building works commencing on site.

Reason: To ensure the site no longer poses a potential risk to groundwater in accordance with policy ENV20 of the East Herts Local Plan Second Review April 2007 and the Technical Guidance to the NPPF.

 

8.           Programme of archaeological work (2E02)

 

9.           Prior to the commencement of development details of a surface and foul water drainage scheme for the site shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with the approved details.

Reason: To ensure that adequate provision is in place in accordance with policy ENV21 of the East Herts Local Plan Second Review April 2007.

 

10.      A Green Travel Plan, with the object of reducing travel to and from the development by private car, shall be submitted with the submission of any susequent Reserved Matters for approval by the Local Planning Authority and the proposed measures shall be implemented to an agreed timetable.

Reason: To promote the use of non car modes of transport in accordance Policy TR4 of East Herts Local Plan Second Review April 2007.

 

11.      Prior to the commencement of the development a construction management plan covering delivery and storage of materials, on-site parking during construction, wheel washing facilities and construction vehicle routing shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with the approved details.

Reason: To ensure the impact of construction vehicles on the local road network is minimised.

 

12.      The development hereby permitted shall be carried out in accordance with the details of the Flood Risk Assessment (FRA), Revision 3, March 2011 and the mitigation measures contained therein unless it is superseded by any other FRA that is previously submitted to and approved in writing by the local planning authority.

Reason: To minimise flood risk in accordance with Policy ENV19 of the East Herts Local Plan Second Review April 2007.

 

13.  The development hereby permitted shall be carried out in accordance with the details of the bat survey, December 2010 and the mitigation measures contained therein unless superseded by any subsequent submissions.

Reason: To protect the habitats of bats which are a protected species under the Wildlife and Access to the Countryside Act 1981, and in accordance with policy ENV16 of the East Herts Local Plan Second Review April 2007.

 

Directives:

 

1.           Other legislation (01OL)

 

2.           Planning obligation (08PO)

 

3.           Street name and numbering (19SN)

 

4.           You are advised to carry out up to date ecological surveys to be submitted with the submission of an application for the Reserved Matters.

 

5.           Highway Works (05FC2)

 

6.           Unsuspected contamination (33UC)

 

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 policiesGBC1, GBC4, SD1, SD2, SD3, HSG1, HSG3, HSG4, HSG6, TR1, TR2, TR3, TR4, TR7, TR8, TR20,  EDE2, ENV1, ENV2, ENV3, ENV11, ENV16, ENV18, ENV19, ENV20, ENV21, ENV23, ENV24, BH1, BH2, BH3 and IMP1) and the policies of the NPPF.  The balance of the considerations having regard to those policies is that permission should be granted.