77 25/02234/S73 LAND BETWEEN ROYSTON ROAD AND CAMBRIDGE ROAD, BARKWAY, HERTFORDSHIRE
PDF 407 KB
REPORT OF THE DEVELOPMENT AND CONSERVATION
MANAGER
Variation of wording to Condition 3 and Condition 20 of planning
permission 18/01502/OP granted on 25.07.2023.
Additional documents:
Decision:
RESOLVED: That application 25/02234/S73 be GRANTED planning permission subject to the conditions set out in the report of the Development and Conservation Manager, amended as follows:
a) The completion of a satisfactory Deed of Variation or other legal mechanism that secures the S106 obligations agreed as part of the Outline Application (18/01502/OP) and the applicant agreeing to extend the statutory period to complete it, if required.
b) Delegation of power to the Development and Conservation Manager to:
(i) Resolve any outstanding matters,
(ii) Update conditions and informatives with minor amendments as required and,
(iii) Authorise the completion of other legal mechanism if not completed through a satisfactory Deed of Variation.
Minutes:
Audio recording – 2 hours 50 minutes 40 seconds
The Senior Planning Officer provided a verbal update on matters relating to Application 25/02234/S73 and advised that:
· The applicant had agreed to the pre commencement conditions.
· An amendment had been made to point a) to include legal mechanism wording.
· The additional condition 4 had been agreed by the Applicant.
· No objections had been received from the Highways Authority or from the Lead Local Flood Authority (LFFA).
The Senior Planning Officer then presented the report in respect of Application 25/02234/S73 accompanied by a visual presentation consisting of plans and photographs.
The following Members asked questions:
· Councillor Louise Peace
· Councillor Claire Strong
In response to questions, the Senior Planning Officer advised that:
· The original condition 3 was restrictive and had therefore been amended to be in accordance with the details which formed the basis of the application.
· A Masterplan Compliance Statement would be submitted for condition 4 which would provide explanation of how it would accord with the masterplan and that any variation would require justification.
· The original masterplan was predated from 2018.
In response to questions, the Local Planning Lawyer advised that:
· The original section 106 agreement did not include a Section 73 clause.
· It was critical to ensure that any amended condition was dealing with the legal mechanism to protect the original Section 106 agreements.
The Chair invited the Applicant’s Representatives, Mr Andrew Hodgson and Ms Alice Kirkham to speak in support of the application. Mr Hodgson and Ms Kirkham thanked the Chair for the opportunity and provided the Committee with a verbal presentation, and highlighted the following:
· Mr Hodgson was a representative from Redrow homes.
· This Section 73 (S73) application followed the withdrawal of the previous S73 application.
· No changes were being made to the original plans.
· The new condition 4 was being imposed to comply with the masterplan document.
· Condition 20, from the 2018 agreement, related to surface water and a more appropriate solution had been prepared and agreed.
· Amendments in this application were to address the original restrictive wording of condition 3.
· The changes only related to the conditions amended and were not part of the scheme.
There were no points of clarification from Members.
Councillor Nigel Mason, as Chair, proposed to grant permission and this was seconded by Councillor Dave Winstanley and, following a vote, it was:
RESOLVED: That application 25/02234/S73 be GRANTED planning permission subject to the conditions set out in the report of the Development and Conservation Manager, amended as follows:
a) The completion of a satisfactory Deed of Variation or other legal mechanism that secures the S106 obligations agreed as part of the Outline Application (18/01502/OP) and the applicant agreeing to extend the statutory period to complete it, if required.
b) Delegation of power to the Development and Conservation Manager to:
(i) Resolve any outstanding matters,
(ii) Update conditions and informatives with minor amendments as required and,
(iii) Authorise the completion of other legal mechanism if not completed through a satisfactory Deed of Variation. ... view the full minutes text for item 77
REPORT OF THE
DEVELOPMENT AND CONSERVATION MANAGER
Outline Planning Application for Residential Development of up to
280 dwellings (including affordable housing) green infrastructure
including public open space, landscape boundaries and SUDS with all
matters reserved except for access which is to be taken from
Barkway Road (as amended by additional documents received 16
September 2025).
Additional documents:
Decision:
RESOLVED: That application 21/00765/OP be REFUSED planning permission for the following reasons:
a) The site, if developed, would fail to provide adequate opportunity for travel by residents and visitors by non-car transport modes and would therefore be contrary to paragraphs 110, 115 and 116 of the NPPF and adopted North Hertfordshire Local Plan policy SP9.
b) The site was not an allocated housing site within the adopted North Hertfordshire Local Plan and was located outside the settlement boundary of Royston and within the rural area beyond the Green Belt. It was therefore in conflict with policies SP5 and CGB1 of the adopted North Hertfordshire Local Plan.
Minutes:
Audio recording – 5 minutes 53 seconds
N.B. Councillor Ruth Brown declared an interest in this item due to her role as a Royston Town Councillor but confirmed that she had received a dispensation from the Monitoring Officer for this item only. She would therefore remain in the Council Chamber for consideration of this item.
N.B. Councillor Ruth Brown further declared that she was a Hertfordshire County Councillor, however following discussions with the Monitoring Officer previously, it was deemed that this was not an interest to prevent participation.
The Project Officer provided a verbal update on matters relating to Application 21/00765/OP and advised that:
· There had been a few additional matters set out in the addendum to the main report.
· An objection from Councillors Matt Barnes, Ruth Clifton and Tim Johnson was received in response to the re-consultation advice which had been omitted from the main report regarding technical matters and some general queries.
· The existing highways issues on Barkway Road were localised.
· The traffic survey held in December 2024 was deemed by the Highway Authority to be adequate.
· Traffic on Barkway Road was not free flowing at peak times, but the additional delays were not considered by the Highway Authority to have an impact on this.
· It could now be confirmed that Royston Town Council were not opposed to the routing of active travel through Green Walk Plantation.
· The published report and addendum set out potential additional highway mitigation measures.
· The Conservators of Therfield Heath and Greens had written a further letter withdrawing their request for mitigation and requesting that their application be refused in the absence of requested funding. This letter was available on public access system of the Council. If the Conservators did not accept the Section 106 contribution, the mitigation strategy would need to be amended.
· The addendum was an outline application with all matters reserved apart from the means of access.
· Members were considering an in-application Masterplan as part of the proposal, details of this were set out in informative part of the report.
N.B. Councillor Steve Jarvis entered the Chamber at 19:18.
The Chair confirmed with Councillor Steve Jarvis that as the item had been started, he would be unable to participate due to his late arrival.
The Project Officer then presented the report in respect of Application 21/00765/OP accompanied by a visual presentation consisting of plans and photographs.
The following Members asked questions:
· Councillor Louise Peace
· Councillor Claire Strong
· Councillor Ruth Brown
· Councillor Tom Tyson
· Councillor Val Bryant
In response to questions, the Senior Transport Policy Officer advised that:
· The Highways Objection in 2022 had been withdrawn because they were satisfied that the solution reached to change the red line boundary to reach Shrubbery Grove was in accordance with the Local Transport Plan.
· The additional traffic modelling had shown there was no impact to the junction but did not advise on the effect of traffic from Barkway Road.
· Conversion of the existing level crossing was proposed to improve the junction and to make ... view the full minutes text for item 75