Agenda item

Recommended for Approval.

Alastair Close addressed the Committee in support of the application.

 

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 3/12/0977/FP, planning permission be granted subject to the conditions now detailed.  The Director of Neighbourhood Services also recommended that, in respect of application 3/12/0978/LC, conservation area consent be granted subject to the conditions detailed in the report now submitted.

 

The Director advised that Hertfordshire County Council would not be requesting any contributions in addition to those relating to highway matters.  Members were advised that there would be no requirement for the Section 106 obligation for the provision of fire hydrants as the County Council felt that there was already sufficient provision.

 

The Director referred Members to the additional representations schedule for further extensive comments from English Heritage, namely that, they could not support the application.  Officers had however, assessed the application in relation to the backdrop of a vacant site with empty buildings that did not enhance the visual quality of the area.

 

Members were also advised that no further comments had been received from the design panel that had commented on the designs initially submitted as part of the application for a food store on this site.  The Director concluded by stating that no comments had been received from Bishop’s Stortford Town Council or Birchanger Parish Council on the revised proposals.

 

Councillor G Jones stated that the changes covered by this application when compared to the previous application for a food store were all for the better.  He referred in particular to the removal of the residential element of the proposals, the reduced height of the proposed development and the increased car parking provision.

 

Councillor G Jones referred to the numerous design proposals put forward by the Applicant, indicating that Aldi had adopted a very flexible approach to this application in response to comments and criticisms of the original application.  He stated that this application represented a significant improvement over the previously approved application on the site.

 

Councillor A Burlton supported the comments of Councillor G Jones.  He also stated that this site would be very unlikely to flood and the proposed development was a much lighter building than the former BT building on London Road.

 

Councillor D Andrews sought reassurance in terms of what could be done to prevent the misuse of the car park in terms of commuter parking.  The Director referred to the normal approach of a car park management plan with the details being submitted to Officers for approval prior to the commencement of development.

 

Members were advised that this plan might include an element of charging and restrictions on the hours of use and Officers could attach a condition to cover the implementation of such a plan.

 

After being put to the meeting and votes taken, the Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

 

RESOLVED – that (A) subject to the applicant entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990 to cover the following matters:

 

·               £36,500 towards sustainable transport measures included in the Bishop’s Stortford Transport Plan and specific improvements to passenger transport infrastructure to increase accessibility to the site for customers visiting the site by public transport;

 

·               £5,000 towards a Traffic Regulation Order;

 

·               £300 standard monitoring fee per clause.

 

in respect of application 3/12/0977/FP, planning permission be granted subject to the following amended conditions:

 

1.    A preliminary risk assessment which identifies:- all previous uses and 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.

       

Reason: To ensure protection of controlled waters, namely the principal aquifer beneath the site and the surface watercourse to the south of the site in accordance with policy ENV20 of the East Herts Local Plan Second Review April 2007.

 

5.            Prior to the occupation of the development hereby approved, a verification report demonstrating completion of the works set out in the approved remediation strategy 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 in accordance with the approved details.

 

Reason: To ensure protection of controlled waters, namely the principal aquifer beneath the site and the surface watercourse to the south of the site in accordance with policy ENV20 of the East Herts Local Plan Second Review April 2007.

 

6.            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, namely the principal aquifer beneath the site and the surface watercourse to the south of the site in accordance with policy ENV20 of the East Herts Local Plan Second Review April 2007.

 

7.            Piling or any other foundation designs using penetrative methods shall not be permitted other than with the 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 groundwater. The development shall be carried out in accordance with the approved details.

 

Reason: To ensure protection of controlled waters, namely the principal aquifer beneath the site and the surface watercourse to the south of the site in accordance with policy ENV20 of the East Herts Local Plan Second Review April 2007.

 

8.            No development hereby permitted shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

 

       a) The parking of vehicles of site

       operatives and visitors;

       b) Loading and unloading of plant and materials;

       c) Storage of plant and materials used

       in constructing the development;

       d) The erection and maintenance of

       security hoarding including decorative displays and facilities for public viewing, where appropriate

       e) Wheel washing facilities;

       f)  Measures to control the emission

       of dust and dirt during construction

       g) A scheme for recycling/disposing of waste resulting from demolition and construction works;

       h) A restriction on any burning of materials on the site.

           

Reason: To safeguard the amenity of residents of Neighbouring properties in accordance with policies ENV1 and ENV24 of the East Herts Local Plan Second Review April 2007 and in the interests of highway safety and in accordance with the Hertfordshire Waste Core Strategy and Development Management Policies Development Plan Document policies 1 and 12.

 

9.            Any existing vehicular access onto the Station Road or London Road frontages of the site and not incorporated with the approved plans shall be permanently closed.

 

Reason: In the interest of highway safety and to avoid inconvenience to highway users.

 

10.      Construction hours of working – plant and machinery (6N072)

 

11.      Prior to the commencement of development detailed plans and elevations of the west and southern edge of the parking area and the relationship with the railway line and adjoining car park, shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure that an appropriate boundary treatment serving the application site and neighbouring land is implemented.

 

12.      The soft landscape works shall be carried out in accordance with the approved landscape plan, drawing number V0290-L01B, unless otherwise agreed in writing by the Local Planning Authority. Any trees or plants that, within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved, unless the Local Planning Authority gives its written consent to any variation.

 

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscaping in accordance with the approved designs, in accordance with policies ENV1 and ENV2 of the East Herts Local Plan Second Review April 2007 and the National Planning Policy Framework.

 

13.      Hard surfacing (3V21)

 

14.      Prior to the commencement of the development hereby permitted details of a car parking management scheme shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall be carried out in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure the provision of adequate parking for the retail premises at all times in order to reduce any impact on kerbside parking and/or congestion in the surrounding area in accordance with policy TR7 of the East Herts Local Plan Second Review April 2007.

 

15.      Before first occupation of the approved development, all access and junction arrangements serving the development shall be completed in accordance with the approved plans and constructed to the specification of the Highway Authority.

 

Reason: To ensure that the access is constructed to an appropriate specification in the interests of highway safety and convenience.

 

16.      No delivery vehicles for the retail element of the development hereby approved shall be allowed on the site between 11:00PM and 07:00AM unless they are parked on the site with their engines switched off between those times.

 

Reason: In the interests of residents and future residents of nearby development, in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

 

17.  Prior to first beneficial use of the development hereby approved, details of the measures to protect against crime in relation to the operation of the retail unit shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

       

        Reason: In the interests of crime prevention in accordance with policy ENV3 of the East Herts Local Plan Second Review April 2007.

 

18.  Approved plans (2E103) (0290-100, 0290-101, 0290-103, 0290-104, 0290-105, 0290-106, 0290-107, V0290-L01 B)

                                             

Directives:

 

1.    Other Legislation (01 OL)

 

2.    Planning Obligation (08P0)

 

3.    Street Naming and Numbering (19SN)

 

4.    Highways Works (05FC2)

 

5.    The Limited Assortment Discounter store hereby approved is defined, in accordance with the Competition Commission’s report ‘The Supply of Groceries in the UK Market Investigation’ of 30 April 2008, as being stores which carry a limited range of grocery products and base their retail offer on selling these products at very competitive prices. This means that the number of product lines (stock-keeping units) available within the store at any one time should not exceed two thousand lines.

 

Summary of Reasons for Decision

 

East Herts Council has considered the applicant’s proposal in a positive and proactive manner with regard to the policies of the Development Plan (East of England Plan May 2008, Hertfordshire County Structure Plan, Minerals Local Plan, Waste Core Strategy and Development Management Policies DPD 2012 and the ’saved’ policies of the East Herts Local Plan Second Review April 2007 and in particular policies SD1, SD2, SD5, TR1, TR2, TR7, TR8, TR14, STC1, ENV1, ENV2, ENV3, ENV20, ENV25, BH6 and IMP1); the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012. The balance of the considerations having regard to those policies and amendments made is that permission should be granted.

 

(B)   in respect of application 3/12/0978/LC, conservation area consent be granted subject to the conditions detailed in the report now submitted.