Agenda, decisions and minutes

Apologies for absence had been received from Councillors John Bishop, Cathryn Henry and Fiona Hill.

Apologies for absence had been received from Councillors John Bishop, Cathryn Henry and Fiona Hill.

Members should notify the Chairman of other business which they wish to be discussed by the Committee at the end of the business set out in the agenda. They must state the circumstances which they consider justify the business being considered as a matter of urgency.

The Chairman will decide whether any item(s) raised will be considered.

There was no other business notified.

There was no other business notified.

Members are reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and are required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda. Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item.  Members declaring a Declarable Interest which requires they leave the room under Paragraph 7.4 of the Code of Conduct, can speak on the item, but must leave the room before the debate and vote.

(1)       The Chairman welcomed the Committee, officers, general public and speakers to this Planning Control Committee Meeting;

(2)       The Chairman announced that Members of the public and the press may use their devices to film/photograph, or make a sound recording of the meeting, but he asked them to not use flash and to disable any beeps or other sound notifications that emitted from their devices;

(3)       The Chairman reminded Members and speakers that in line with Council policy, this meeting would be audio recorded;

(4)       The Chairman advised that Members would be using hand held microphones and asked they wait until they had been handed a microphone before starting to speak;

(5)       The Chairman requested that all Members, officers and speakers announce their names before speaking;

(6)       The Chairman clarified that, for the two Pirton/Holwell construction route items, he had allowed the following:

(i)     6 minutes in total for Mr John Burden and Mr Brian Clamp (Holwell against CALA Traffic) who would be sharing the time on application 17/02023/1DOC.

(ii)   6 minutes for Parish Councillor Diane Burleigh (Pirton Parish Council) on application 17/02024/1DOC.

(iii)  6 minutes for the Councillor Advocate (Councillor Claire Strong) on each item.

(iii)  6 minutes for the applicant on each item.

The bell would sound after 5½ minutes as a warning and again at 6 minutes, to signify that the speaker must cease.

(7)       Members were reminded that any declarations of interest in respect of any business set out in the agenda should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and were required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda. Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item.  Members declaring a Declarable Interest which required they leave the room under Paragraph 7.4 of the Code of Conduct, could speak on the item, but must leave the room before the debate and vote.

(1)       The Chairman welcomed the Committee, officers, general public and speakers to this Planning Control Committee Meeting;

(2)       The Chairman announced that Members of the public and the press may use their devices to film/photograph, or make a sound recording of the meeting, but he asked them to not use flash and to disable any beeps or other sound notifications that emitted from their devices;

(3)       The Chairman reminded Members and speakers that in line with Council policy, this meeting would be audio recorded;

(4)       The Chairman advised that Members would be using hand held microphones and asked they wait until they had been handed a microphone before starting to speak;

(5)       The Chairman requested that all Members, officers and speakers announce their names before speaking;

(6)       The Chairman clarified that, for the two Pirton/Holwell construction route items, he had allowed the following:

(i)     6 minutes in total for Mr John Burden and Mr Brian Clamp (Holwell against CALA Traffic) who would be sharing the time on application 17/02023/1DOC.

(ii)   6 minutes for Parish Councillor Diane Burleigh (Pirton Parish Council) on application 17/02024/1DOC.

(iii)  6 minutes for the Councillor Advocate (Councillor Claire Strong) on each item.

(iii)  6 minutes for the applicant on each item.

The bell would sound after 5½ minutes as a warning and again at 6 minutes, to signify that the speaker must cease.

(7)       Members were reminded that any declarations of interest in respect of any business set out in the agenda should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and were required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda. Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item.  Members declaring a Declarable Interest which required they leave the room under Paragraph 7.4 of the Code of Conduct, could speak on the item, but must leave the room before the debate and vote.

To receive petitions and presentations from members of the public.

The Chairman confirmed that the 4 registered speakers and 1 Member Advocate were present.

The Chairman confirmed that the 4 registered speakers and 1 Member Advocate were present.

REPORT OF THE DEVLOPMENT AND CONSERVATION MANAGER

Construction Management Plan & Traffic Management Plan - Condition 6 - Holwell only route by CALA dated 4/8/17 Construction Route Plan - Arrival and Departure via Holwell by Waterman Infrastructure & Environment Ltd dated 4 August 2017 (as Discharge of Condition of Planning Permission 15/01618/1 granted 25/05/2016)

RESOLVED: That, in respect of application 17/02023/1DOC regarding the Construction Management Plan and discharge of the requirements of condition 6 of planning permission no. 16/01618/1, the Committee resolved NOT TO APPROVE the construction management plan as it did not consider that there could be a satisfactory or safe construction route through Holwell, The Construction Management Plan therefore conflicts with the requirements of Policy T1 of the North Hertfordshire Submission Local Plan (2011-2031).

Construction Management Plan & Traffic Management Plan - Condition 6 - Holwell only route by CALA dated 4/8/17 Construction Route Plan - Arrival and Departure via Holwell by Waterman Infrastructure & Environment Ltd dated 4 August 2017 (as Discharge of Condition of Planning Permission 15/01618/1 granted 25/05/2016).

The Development and Conservation Manager advised that, due to the high volume of representations received since the report was finalised, he had sent Members a briefing note by email on 26 September 2017.

All comments received were displayed on the Council’s website and Members had been strongly advised to review these comments shortly before the meeting in order to have an up to date picture.

In order to assist Members, he had provided a very high level summary of new comments received as follows:

CPRE

Perhaps sites like this should not be granted permission or allocated in Local Plans as construction routes are impractical in rural areas. In this case any damage to verge and cutting has not been assessed properly.

Holwell Parish Council

This route is unsafe, absurd and has not been properly safety audited and does not meet the criteria of the condition.

Pirton Parish Council

This route is relatively safe – there are some blind spots and they have concerns about the Waterloo Road area;

Noise from the reversing vehicles etc;

Impact on dark skies from lighting;

The development project should be enclosed by hoarding at all times;

Local Residents

·                The tracking shown on the plans does not show where cars are regularly parked therefore it is misleading and the route in and out of Holwell is unsafe;

·                The officer report states that a new road would be unreasonable whereas independent experts argue that it is the only safe option;

·                The Council’s Environmental Protection Officer and Hertfordshire County Council (Highways) believe that the Pirton – Holwell through-route is more likely to mean vehicles entering the Hitchin Air Quality Management Area. They argue that construction vehicles are likely to go through the Hitchin Air Quality Management Area whichever route is chosen so this is biased against the Holwell only route;

·                Hertfordshire County Council (Highways) have not objected to an off-road route as suggested by CALA Homes in their Construction Management Plan, so this option should be explored further;

·                Archaeological evaluations of road verges should be undertaken before any construction on the verge for road widening;

·                Inconsistent approach from Hertfordshire County Council (Highways) demanding two way tracking for the through route but not the Holwell in and out route;

·                Children accessing Holwell School would be at risk from construction traffic (from the school governors).

The Development and Conservation Manager presented the report, supported by a visual presentation consisting of plans, drawings and photographs of the site.

He referred to the recommendations as set out at Paragraph 6.1 of the report and stated that he was not advising that the condition be discharged this evening, but rather that the construction management plan be approved and only discharge the condition subject to the following elements:

1.  ...  view the full minutes text for item 63.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Condition 6 - Construction Management Plan & Traffic Management Plan - Pirton and Holwell route by CALA dated 4/8/17 Construction Route Plan - Arrival via Pirton, Departure via Holwell by Waterman Infrastructure & Environment Ltd dated 4th August 2017 (as Discharge of Condition of Planning Permission 15/01618/1 granted 25/05/2016)

RESOLVED: That, in respect of application 17/02024/1DOC. permission to discharge the requirements of condition 6 of outline planning permission no 16/1618/1 be REFUSED for the reasons set out in the report of the Development and Conservation Manager.

Condition 6 - Construction Management Plan & Traffic Management Plan - Pirton and Holwell route by CALA dated 4/8/17 Construction Route Plan - Arrival via Pirton, Departure via Holwell by Waterman Infrastructure & Environment Ltd dated 4th August 2017 (as Discharge of Condition of Planning Permission 15/01618/1 granted 25/05/2016).

The Development and Conservation Manager advised that, due to the high volume of representations received since the report was finalised, he had sent Members a briefing note by email on 26 September 2017.

All comments received were displayed on the Council’s website and Members had been strongly advised to review these comments shortly before the meeting in order to have an up to date picture.

In order to assist Members, he had provided a very high level summary of new comments received as follows:

Environmental Health (Noise)

No objections.

CPRE Comments

Perhaps sites like this should not be granted permission or allocated in Local Plans as construction routes are impractical in rural areas. In this case any damage to verge and cutting has not been assessed properly.

Pirton Neighbourhood Plan Steering Group

This is longest of the two routes proposed so will affect the greatest number of people;

The route is used extensively by cyclists and pedestrians.

Pirton Parish Council

This is longest of the two routes proposed so will affect the greatest number of people;

The route is used extensively be cyclists and pedestrians;

Noise from the reversing vehicles etc;

Impact on dark skies from lighting;

The development project should be enclosed by hoarding at all times.

Holwell Parish Council

This route is unsafe, absurd and has not been properly safety audited and does not meet the criteria of the condition.

Additional Local Residents comments

The through route proposed will effect the most number of residents so should be rejected;

The Priors Hill / Shillington Road route will affect local wildlife, traffic will disturb them and this should be investigated;

Vehicles parking in Shillington Road

The Development and Conservation Manager presented the report, supported by a visual presentation consisting of plans, drawings and photographs of the site.

Parish Councillor Diane Burleigh, Pirton Parish Council, thanked the Chairman for the opportunity to address the Committee in objection to the application.

Parish Councillor Burleigh advised that the off road route mentioned by some people was not an option supported by Pirton Parish Council mainly due to safety issues on the Hitchin Road with the majority of the 50 plus personal injury accidents over the last 18 years had taken place on the Hitchin Road, including one fatality.

To take a route off Hitchin Road would be extremely unsafe as well as destroy some of the heritage verge, would require the destruction of two lots of hedges and the diversion of the Hambridge Way, all of which would damage wildlife.

Pirton Parish Council objectedto the proposal to arrive through Pirton and depart though Holwell and supported the conclusions and recommendations in the report.

She stated that as you refused the earlier application for  ...  view the full minutes text for item 64.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of 2 retail foodstores with ancillary cafe; provision of 170 associated car parking spaces; plant and service yards; provision of new road on junction of A505 and new link road to Orchard Road Industrial Estate; landscaping and all other associated works (as amended by plans received on 16 May 2017).

RESOLVED:

(1)       That planning application 17/01024/1 be GRANTED, subject to the conditions and reasons set out in the report of the Development and Conservation Manager and the additional Condition 16 below and subject to receipt of a satisfactory Unilateral Undertaking delivering £100,000 for sustainable transport provision.

Additional Condition 16 to read:

          “The travel plan submitted on behalf of Marks and Spencer PLC by Caneparo Associates and dated April 2017 shall be implemented and monitored in accordance with the action plan and timetable set out within the plan.

Reason: To promote sustainable patterns of travel and use as encouraged by the NPPF.”

(2)       That, If the unilateral undertaking process is not complete by the 1 November 2017 and the applicant does not agree to extend the timetable beyond that date, the Development and Conservation Manager be requested to refuse permission under delegated authority with the reason for decision being that there is no satisfactory legal undertaking.

Erection of 2 retail foodstores with ancillary cafe; provision of 170 associated car parking spaces; plant and service yards; provision of new road on junction of A505 and new link road to Orchard Road Industrial Estate; landscaping and all other associated works (as amended by plans received on 16 May 2017).

The Area Planning Officer advised that there were a number of updates and corrections since publication of the report as follows:

At the time of reporting, the unilateral undertaking which would deliver £100.000 for sustainable transport had been agreed with Herts County Council and was out for signature. This process should be complete in a few days.

Therefore the recommendation should be amended to read:

“That planning permission be granted subject to the following conditions and receipt of a satisfactory Unilateral Undertaking delivering £100,000 for sustainable transport provision”:

If the above recommendation was accepted and in the unlikely event that the unilateral undertaking  process was not complete by the 1^st November 2017 and if the applicant was not willing to extend the timetable for determination,, the Committee was asked to authorise refusal permission, under delegated powers, on the grounds that there was no satisfactory legal undertaking.

The following corrections to the report were advised:

The second sentence of Paragraph 4.2.1 should read:

“This represents an increase of about 700 sqm of additional sales floorspace over that already approved. The new stores are specified with 170 car parking spaces off of a new mini roundabout.”

The fifth sentence of Paragraph 4.3.4 of the report should read:

“This scheme represents an increase on this approval of some 700 sqm.”

An additional Condition 16 was required to read:

“The travel plan submitted on behalf of Marks and Spencer PLC by Caneparo Associates and dated April 2017, shall be implemented and monitored in accordance with the action plan and timetable set out within the plan.

Reason: To promote sustainable patterns of travel and use as encouraged by the NPPF.”

The Area Planning Officer presented the report of the Development and Conservation Manager, supported by a visual presentation consisting of plans, drawings and photographs of the site.

          Members asked for clarification regarding the placement of access and exit points to the site. They queried whether the £100,000 transport contribution would be used to provide the new road and access to the site, what action could be taken if the travel plan was unsuccessful and whether any hedgerows or trees would be lost during construction.

The Area Planning Officer advised that there was an exit from the new road and access and exit from the A505 westbound.

The contribution to sustainable transport would not be used to provide either the roundabout or the access, it would provide bus services to the facility.

Non compliance with the Travel Plan would be a breach of condition and would be enforceable as such

In respect of trees and hedgerows, some would need to be removed in order to provide the access onto the A505, although  ...  view the full minutes text for item 65.