Issue - meetings

RESOLVED: That application 22/03092/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager as amended by the Supplementary agenda, with the following additional condition:

“Condition 28:

Prior to the commencement of the development hereby approved, a scheme of sensitively designed lighting strategy shall be submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall include and consider temporary construction lighting as well as more permanent lighting associated with the development hereby approved. Light-spill (including from temporary construction lighting) onto retained and newly created habitat, in particular the retained woodland habitat forming the south of the site, should be minimised in accordance with good practice guidance, as set out in footnote 15 of the approved Updated Ecological Report by Aspect Ecology referenced 1005083 UEcoAp vf12 CL dated 15/11/2022. The sensitively designed lighting strategy shall consider the following key factors:

• Light exclusion zones

• Variable Lighting Regimes

• Light barriers

• Spacing and height of lighting units

• Light intensity

• Directionality

Reason: To ensure the protection, enhancement and management of biodiversity, and to comply with Policy NE4 of the North Hertfordshire Local Plan 2011 to 2031.”

Audio recording – 1 hour 14 minutes 1 second

N.B Councillor Sean Nolan returned to the Council Chamber at 20:44.

Councillor Nigel Mason advised that, following discussions with the Legal Advisor, as he had previously made comments publicly on this application and was therefore predetermined, he would leave the Chamber for the duration of this item.

N.B Councillor Nigel Mason left the Council Chamber at 20:45.

The Senior Planning Officer presented the report in respect of Application 22/03092/FP supported by a visual presentation consisting of photographs and plans.

The following Members asked points of clarification:

·       Councillor Louise Peace

·       Councillor Tom Tyson

·       Councillor Daniel Allen

In response to the points of clarification the Senior Planning Officer stated that:

·       The applicant and Officers were aware that technology moved quickly and had proposed rather than confirmed, the solar panel and air source heat pump measures in section 7.1, which had been updated in condition 25 of the report, that these would be an enhancement of the measures outlined in section 7.1.

·       The biodiversity net gain (BNG) metric had demonstrated a net gain from the development and was policy compliant.

·       Herts Ecology had requested a Management Plan, and this has formed part of a condition for a BNG Management Plan and will later be adopted by the Council.

In response to the points of clarification the Principal Planning Officer stated that there was no current condition regarding low level lighting.

The Chair invited Mr Neil Dodds to speak in objection of the application. Mr Dodds thanked the Chair for the opportunity and provided the Committee with a verbal presentation including that:

·       They had made criticisms of the transport assessment and air quality reports in January and that recently the air quality report had been revised.

·       There was an under estimation of the evening rush hour traffic at the intersection of Grays Lane and Upper Tilehouse Street as shown in table 5.7 of the report.

·       This application along with the HG5 site would increase traffic by 40% in the morning and 53% in the evening rush hour, which would exasperate congestion especially with pedestrians crossing the road.

·       The S106 money to improve pedestrian crossings, bus stops, and traffic light scheme will not elevate the traffic congestion or mitigate the congestion.

·       The air quality at the foot of Grays Lane would be affected by increased queuing traffic, this junction is on the edge of an air quality management area.

·       The air quality capsule in Upper Tilehouse Street is already showing nitrogen dioxide level close to, and in excess of, the air quality objectives and these are predicted to increase.

·       The application should be deferred to allow a decision to be made from clear, complete, and correct information.

·       The site contravenes the Local Plan as no site should overlook the Chilterns and changes to the boundary should not mitigate this.

·       The loss of meadowland, trees and hedgerows would result in a loss of wildlife and protected species of bats and badgers.

·       The 10% BNG was incorrect, due  ...  view the full minutes text for item 120