Issue - meetings

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of two buildings including three units for Flexible Use Classes including E.g. (ii) (iii), B2, B8, including servicing, parking, access, landscaping.

RESOLVED: That application 25/01196/FP be GRANTED planning permission subject to the following matters:

a)    The completion of a suitable legal agreement in line with the agreed Heads of Terms.

b)    A response of no objection and any relevant conditions from the Local Lead Flood Authority, to be delegated to the Development and Conservation Manager prior to any decision.

c)     A response of no objection and any relevant conditions from the Hertfordshire Highway Authority, to be delegated to the Development and Conservation Manager prior to any decision.

d)    An agreement to an extension of time to the statutory determination date to allow for a), b) and c) to occur.

e)    The conditions and informatives set out in the report of the Development and Conservation Manager with the following amendment to Condition 13,the addition of the following Condition 1 and the subsequent renumbering of other Conditions:

‘Condition 13

The development hereby permitted shall not commence save for demolition to slab level and site clearance works, until a monitoring and maintenance plan in respect of contamination, including a timetable of monitoring and submission of reports to the local planning authority, has been submitted to, and approved in writing by, the local planning authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to, and approved in writing by, the local planning authority.

Reason: To protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework paragraphs 187,196 and 197 and relevant position statements within the Environment Agency's Approach to Groundwater Protection.

Condition 1

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless:

(a) a Biodiversity Gain Plan has been submitted to the planning authority, and

(b) the planning authority has approved the plan.

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be North Hertfordshire District Council.

There are statutory exemptions and transitional arrangements which mean that

the biodiversity gain condition does not always apply.

https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments).

Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.’

Audio Recording – 37 minutes 31 seconds

N.B Councillor Ian Mantle declared an interest due to his trustee position on the Letchworth Garden City Heritage Foundation and left the Chamber.

The Senior Planning Officer advised that:

·       A mandatory recommendation needed to be added in regard to the Biodiversity Net Gain requirement.

·       Condition 13 needed to be amended to reflect the recommendation in paragraph 3.7 of the report, with the wording ‘save for demolition to slab level and site clearance works’ to be added.

The Senior Planning Officer the report in respect of application 25/01196/FP accompanied by a visual presentation consisting of plans and photographs.

The following Members asked questions:

·       Councillor Caroline McDonnell

·       Councillor Daniel Allen

In response to questions, the Senior Planning Officer advised that:

·       The individual heights of the buildings surrounding the proposed development were varied.

·       The recommendations stated the permission would be subject to highways approval of a Traffic Regulation Order (TRO), and that there would have to be changes made if this was not approved.

·       That double yellow lines were part of the TRO and therefore did not fall under the responsibility of the Applicant.

·       That options for if the TRO was not approved were being considered and, by delegation through the conditions, the Development and Conservation Manager could approve one, if necessary.

·       Highways wanted a design that may result in HGVs swinging over to another lane if necessary.

In response to questions, the Development and Conservation Manager advised that the TRO would restrict on road parking which was causing an issue at the junction allowing HGVs to turn safely, and if the TRO was not approved then approving an alternative Scheme would be delegated to him.

The Chair invited the Agent to the Applicant, Mr Lyndon Gill, and the Representatives to the Applicant, Mr Stuart Morse and Mr George Leaf, to speak in support of the application. Mr Gill thanked the Chair for the opportunity and provided the Committee with a verbal presentation, and highlighted the following:

·       Further clarification on the proposed TRO could be provided should Members require further information.

·       The report is fully supported by the Applicant and their representatives.

·       The applicant had already successfully delivered similar schemes in the East of England.

·       The applicant wished to turn a vacant lot back into one for economic use which could house a wide range of tenants.

·       Depending on the industries that used the units, this development could create 350 new jobs.

·       The TRO was ready and works were expected to start before the end of the 2025.

In response to points of clarification by Councillor Daniel Allen, Mr Gill advised that, depending on the use of the lot, additional car parking could be made in one of the yards if necessary.

In response to points of clarification by Councillor Daniel Allen, Mr Morse advised that:

·       Depending on the use of the space 160 parking spaces should be enough.

·       The applicant always advocated a change for the junction, HGV would need to swing over the centre  ...  view the full minutes text for item 39