Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

 

Outline planning application (all matters reserved except for access) for residential development of up to 279 dwellings and serviced land for a primary school with vehicular access; on-site 'Green Infrastructure' provision; pedestrian and cycle links; public open space; play area; car parking; drainage; landscaping; electrical sub-station and, ancillary works (as amended by plans and documents received on 8.7.2016; 24.10.16; 10.02.17 and 18.09.2017).

RESOLVED:

 

(1)       That application 16/00378/1 be GRANTED planning permission subject to the completion of a satisfactory Section 106 agreement and the conditions as set out in the report of the Development and Conservation Manager and the amended and additional conditions below.

 

Amended Condition 10 to read:

 

Prior to the commencement of above ground works of the development hereby approved any Traffic Regulation Orders (TROs) that may be required as part of improving the accessibility of the site must be secured in place, such as the likelihood of implementing the relocation of the 40 mph speed restriction signs along Baldock Road which shall be subject to the Speed Management Strategy criteria.

 

Reason: In the interests of highway safety, amenity and free and safe flow of traffic.

 

Amended Condition 15 to read:

 

No development shall commence until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority. This strategy should evidence that all relevant statutory bodies have been consulted. No dwellings shall be occupied until the works have been carried out in accordance with the foul water strategy so approved unless otherwise approved in writing by the Local Planning Authority.

 

Reason: To prevent environmental and amenity problems arising from flooding.

 

Additional Condition 18 to read:

 

A.      No development shall take place/commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of archaeological significance and research questions; and:

 

1.      The programme and methodology of site investigation and recording;

2.      The programme and methodology of site investigation and recording as required by the archaeological evaluation;

3.      The programme for post investigation assessment;

4.      Provision to be made for analysis of the site investigation and recording;

5.      Provision to be made for publication and dissemination of the analysis and records of the site investigation;

6.      Provision to be made for archive deposition of the analysis and records of the site investigation;

7.      Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.

 

B       The development shall take place/commence in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved under condition (A).

 

C       The development shall not be occupied/used until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis and publication where appropriate.

 

Reason: To safeguard the archaeological record.

 

(2)       If the Section 106 agreement is not completed by 30 March 2018 (or any later date agreed with officers) application 16/00378/1 be REFUSED planning permission on the grounds of no satisfactory Section 106 agreement such that would be necessary to mitigate the impacts of the development..

 

Councillor Hunter returned to the Committee.

Outline planning application (all matters reserved except for access) for residential development of up to 279 dwellings and serviced land for a primary school with vehicular access; on-site 'Green Infrastructure' provision; pedestrian and cycle links; public open space; play area; car parking; drainage; landscaping; electrical sub-station and, ancillary works (as amended by plans and documents received on 8.7.2016; 24.10.16; 10.02.17 and 18.09.2017).

 

Prior to commencement of the item Councillor Tony Hunter declared a Declareable Interest in that he had previously spoken on a number of occasions against any further development of this site. He advised that he would withdraw from the Committee and take no part in the debate and vote. He would however act as a Member Advocate, speaking in objection to the application, after which he would leave the room for the remainder of the item

 

Councillor Hunter left the body of the Committee and joined the registered speakers.

 

The Area Planning Officer (RT) advised Members that there were a number of updates to the report as follows:

 

Condition 10

Condition 10, as per the report stated that Traffic Regulation Orders must be secured prior to commencement of development.

 

The applicant had requested that the Highway Authority consider relaxing this trigger to occupation of the development.

. 

Following late in the day discussions, the Highway Authority had agreed a compromise such that the completion of slab level was the relevant trigger for the implementation of the TROs. 

 

Condition 10 had therefore been amended to read:

 

Prior to the commencement of above ground works of the development hereby approved any Traffic Regulation Orders (TROs) that may be required as part of improving the accessibility of the site must be secured in place, such as the likelihood of implementing the relocation of the 40 mph speed restriction signs along Baldock Road which shall be subject to the Speed Management Strategy criteria.

 

Reason: In the interests of highway safety, amenity and free and safe flow of traffic.

 

Condition 18

The standard archaeological condition should be added as Condition 18 to read:

 

A.      No development shall take place/commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of archaeological significance and research questions; and:

 

1.         The programme and methodology of site investigation and recording;

2.         The programme and methodology of site investigation and recording as required by the archaeological evaluation;

3.         The programme for post investigation assessment;

4.         Provision to be made for analysis of the site investigation and recording;

5.         Provision to be made for publication and dissemination of the analysis and records of the site investigation;

6.         Provision to be made for archive deposition of the analysis and records of the site investigation;

7.         Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.

 

B       The development shall take place/commence in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved under condition (A).

 

C       The development shall not be occupied/used until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis and publication where appropriate.

 

Reason: To safeguard the archaeological record.

 

The Area Planning Officer advised that there were several corrections to the report as follows:

 

Paragraph 3.7

The first sentence to read:

 

HCC Obligations – Has requested scaled contributions towards library services and the provision of a new school on serviced land provided by the developer as set out in the table below.

 

Paragraph 3.12

The sentence regarding Air Quality to read:

 

Recommend imposition of condition to require EV charging and travel plan at the reserved matters stage.

 

Paragraph 4.3.17

The last sentence to read:

 

Similarly, any detailed landscaping scheme must specify a meaningful and well designed circular walk such that will attract regular use by the incoming residents, particularly dog walkers.

.

Paragraph 4.3.24

The first sentence to read:

 

This scheme will deliver 35% affordable housing, a site for a new first school together with scaled funds towards its construction and contributions toward secondary education and library services in the town.

 

Paragraph 4.5.1

The third sentence to read:

 

However, if it is not completed in time (by the 30 March 2018 or any later date agreed between the parties) I would also recommend that this committee further resolve that officers be able to refuse planning permission (under delegated powers) on the grounds of no satisfactory agreement such that would be necessary to mitigate the effects of the development,

 

Paragraph 6.0

That the recommendation be amended to read:

 

That the committee RESOLVE TO GRANT planning permission subject to the completion of a satisfactory section 106 agreement and the conditions set out below.

 

If the section 106 agreement is  not completed by the 30 March 2018 (or any later date agreed with officers) the Committee further RESOLVE TO REFUSE permission on the grounds of no satisfactory section 106 agreement such that would be necessary to mitigate the impacts of the development.

 

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.

 

Councillor Tony Hunter Member Advocate, thanked the Chairman for the opportunity to address the Committee in objection to application 16/00378/1.

 

Councillor Hunter Informed Members that he had a long history of talking against this development and that he was, on this occasion, also acting on behalf of the two ward Councillors Hill and Dingley.

 

The Ward Councillors have for a long time had an argument about sustainable development. The Government, the NPPF and the Office of National Statistics had made this argument very difficult as each time the housing numbers in an area increased, the bar for sustainability was lowered.

 

He was fully aware that there was a possibility that this development would be granted, but there were a number of aspects that Members should be made aware of.

 

Sewage

NHDC had been assured that the existing sewage system was capable of coping with sewage from the original Keir development without any problems.

 

For the last two years local residents had lived with a smell arising on a regular basis.

 

Anglian Water were aware of the problem and had been working very hard to solve it, but they were unable to gain access to the pumping station as they have to be invited in and the developer has to invite them to adopt the system.

 

This new development should not commence until the sewage and foul water system is sorted.

 

The current system joined onto an old system that was totally unsatisfactory and caused the residents to live in a situation that was unacceptable.

 

Health Informative

Hertfordshire County Council dictates where Section 106 funding should be directed, however in the case of health provision this should be more flexible,

 

There was talk about the Health Centre being moved and if Section 106 was allocated to one particular building or organisation and the Health Centre did move the end result could be a loss of provision in the town.

 

Railway

Councillor Hunter acknowledged that this was reserved matters, however it should be noted that this development was next to a railway line.

 

A lot of thought should be given, when the reserved mattered are considered, to the requirement for a fence along the railway edge of the development, secure enough to keep the public and children off the railway line.

 

Highways

Putting cars out into the middle of the Baldock Road was not the best way to deal with access in and out of a large estate.

 

Councillor Hunter advised that, in his opinion this should be dealt with by using roundabouts to prevent the possibility of cars being stranded in the middle of this busy road.

 

Environment

Historic England had put a very good case that this development did not conserve or enhance the natural environment as far as the Heath is concerned.

 

Members asked for clarification regarding the comments made about cars in the middle of the road.

 

Councillor Hunter stated that the plan was to have access onto the Baldock Road, with a refuge in the middle of the road. He believed that this was not a good idea and that roundabouts were safer and would provide a better flow of traffic.

 

The Chairman thanked Councillor Hunter for his presentation.

 

Councillor Hunter left the room for the remaining duration of the item.

 

Wing Commander Alan Greenbank thanked the Chairman for the opportunity to address the Committee in objection to application 16/00378/1.

 

Wing Commander Greenbank advised Members that it was accepted that development would go ahead but trusted that the Committee would listen carefully to the extremely valid concerns of residents and take their views into account when making their decisions.

 

Sewage

The main area of concern was regarding the existing issues with the foul water drainage and sewage disposal system.

 

The existing Ivy Lane and Rosecombe developments had a sewage pumping station which fed into the Baldock Road sewer and McDonald's had a separate pumping station which also fed into this sewer.

 

It should be noted that the Baldock Road sewer originally only serviced the Heath Sports Club and was sized accordingly. Heathfield was on septic drainage. 

This sewer then connected to the sewer running down Mackerel Hall.

 

Residents of the Ivy Lane and Rosecombe developments and the wider community along Baldock Road and in Heathfield, Mackerel Hall, Downlands and Cedar Crescent were currently subjected to foul stinks from the existing sewers, which only varied in intensity, not in frequency.

 

Additionally there had been flooding of raw sewage onto Therfield Heath, since the two sites were connected. 

 

Anglian Water had been trying to resolve the problem for more than 2 years without success and residents still live with an incessant smell along the Baldock Road despite efforts to make the system work.

 

The comments made by Anglian Water were provided at Paragraph 3.15 of the Officer’s report and residents supported the comment that no property should be occupied until works have been completed in line with an agreed foul water strategy.  However, it is the strategy that we have concerns over.

 

The mitigation method outlined in the Anglian Water addendum dated 23 December 2015, proposed a 103 m³ off-line storage tank to be built alongside Baldock Road below Therfield Heath.

 

The proposed location was within a Source Protection Zone 1 (SPZ1) water extraction zone and above the main aquifer for Royston's drinking water. As such any overflow would be detrimental to the safety of Royston's water supply. 

 

The Heath Conservators, the Environment Agency and Affinity Water would have to be consulted on any proposal.

 

It appeared that one source of the odour was from manhole vents on the Mackerel Hall sewer, another area of the stink was at the top of Ivy Lane.

 

Residents could not believe that a solution that channelled the sewage from an additional 279 homes, via the proposed mitigation tank into the same Baldock Road/Mackerel Hall sewer would resolve the problem of the foul smell.

 

The only solution, which would ensure that there was no stink, was a completely new sewer which did not flow into the existing Baldock Road/Mackerel Hall sewer.

 

This might be a connection to the Briary Lane sewer, as stated by Iain Amiss (Anglian Water Head of Development) at a recent meeting with Sir Oliver Heald MP, the Anglian Water CEO and local Councillors, via a direct connection to Royston's waste water treatment works or taken under the railway and connected to the mains sewer in the York Way area.

 

The existing Ivy Lane and McDonald's pumping stations should then be connected to this new sewer.  However, please be aware that if these pumping stations cannot be connected to a new link to the treatment works, then the existing system for the current properties would still need a resolution.

 

The health and well-being of residents must take precedence over the need for housing and the financial benefit of the developer.

 

Road Safety

The second key issue of concern was regarding road safety on the Baldock Road.

 

The proposed extension of the 40mph limit was welcomed.

 

Paragraph 4.3.8 of the report stated that a road narrowing feature to calm traffic speeds should be included.

 

Residents considered that more than one feature would be required, with additional pinch points and other mitigation measures to ensure traffic conformed to the limit.

 

This was essential to slow traffic down, as the current 40mph limit was not adhered to in any form by traffic on the Baldock Road and more positive methods of control were required.

 

It was also proposed that a pedestrian/cycle link be provided between this site and the adjacent sites, for easier access to Royston station without having to go along the Baldock Road.

 

The Chairman thanked Wing Commander Greenbank for his presentation.

 

Mr David Bainbridge, Applicant’s Agent, thanked the Chairman for the opportunity to address the Committee in support of supplication 16/00378/1.

 

Mr Bainbridge thanked officers for their professional handling of this application over a prolonged period of time.

 

He was pleased to note the recommendation to grant planning permission subject to planning conditions and Section 106 obligations.

 

There were no technical objections to the proposed development of housing and land for a first school, meaning that issues such as access, highways and foul drainage as well as ecology regarding the SSSI had been dealt with at this outline planning stage.

 

The report demonstrated, at Paragraph 4.4.2, that the proposed development was sustainable.

 

There was not a 5 year land supply for housing in the District and this site was identified in emerging policy RY/1. Mr Bainbridge asked that Members support that emerging policy within the emerging Local Plan.

 

This was an outline application and therefore there would be time needed for reserved matters, discharge of conditions and for further engagement with technical stakeholders prior to delivery of the homes and land for the school.

 

The development included a substantial area of green space within the site as well as a local area of play for children.

 

The Applicant had held discussions with Natural England and dealt with their concerns on respect of the Heath and proposed a significant financial contribution as a Section106 Matter.

 

In terms of highways and access, they had met a number of times with Hertfordshire County Council’s Highways Team. The access provision comprised of two T-junctions with a right hand turn lane as well as a Traffic Regulation Order to reduce the road speed limit. This would of course need enforcing, which no-one in this room was able to do, but the Police Authority would have the power to do this.

 

The report summarised the proposed planning obligations at Paragraph 4.3.24 and there was a fully drafted legal agreement that had been shared with officers at NHDC and HCC and there was very little to still to be agreed.

 

In respect of sewerage, they had commissioned Anglian Water to prepare a hydraulic model study which identified the constraints of the sewerage network, in particular the manhole which this foul sewerage would connect into.

 

The sewerage had to be pump fed and there is a financial contribution to be made as well as a further study. There was a planning condition which required a strategy to be brought forward, which would be consulted on and given scrutiny by officers, Anglian Water and any other stakeholder who wished to get involved. The agreed system would then have to be put in place prior to the first occupation.

 

In respect of the health provision, the applicant was flexible regarding the vision for the health contribution and the applicant had agreed to the full amount requested by the NHS.

 

Mr Bainbridge concluded by asking Members to support the officer recommendations and resolve to approve the application, subject to planning conditions and planning obligations.

 

Members asked what the applicant’s view would be if the sewerage report showed that a new sewer was required.

 

Mr Bainbridge advised that his client recognised that there was a financial requirement of the new development to make a contribution to any upgrade to the sewage network. A full report had been prepared by Anglian Water which included a fully costed strategy and the Water Industry Act apportioned costs onto the developer and the developer would pay those costs.

 

Members asked whether the developer would ensure that the fencing between the site and the railway line was secure.

 

Mr Bainbridge informed Members that they would fully expect that, as part of the reserved matters submission, there would be a strategy that would include a detailed plan regarding treatment for both the housing plots as well as the site itself. He would fully expect that boundary to be fenced to ensure that children could not wander onto the railway line or land.

 

The Chairman informed Members that he had taken advice and this could be the subject of a condition appended to the full application.

 

The Chairman thanked Mr Bainbridge for his presentation.

 

Members asked for clarification regarding the difficulties addressing the sewerage issue from the previous development and asked for an explanation of the problems around the adoption of the sewers and the requirement for Anglian Water to be invited to address these issues.

 

The Area Planning Officer advised that the precise mechanism for dealing with sewage from the development was not a matter for the Planning Authority, but was a matter for the statutory undertaker, which in this case was Anglian Water.

 

The Planning Authority was dependent on the statutory body's professional input and Anglian Water’s professional input was Condition 15.

 

The Planning Authority could, however make sure that all statutory bodies have been consulted in the strategy required by Condition 15.

 

He therefore suggested that wording could be inserted in Condition 15 as follows:

 

That no development shall commence until the foul water strategy has been submitted to and approved in writing by the Local Planning Authority. This strategy should evidence that all relevant statutory bodies have been consulted.

 

Members noted the current tree screen along the Baldock Road and, whilst acknowledging that this may be reserved matters, queried whether these trees would remain or, if removed, be replaced two for one.

 

The Area Planning Officer advised that the tree screen was well established and that it was a critical part of this scheme as it was an existing resource. Also Historic England had expressed concern that development on this site would have a negative impact on the monument and this screen played a critical role in softening the impact of residential development on that site.

 

When the reserved matters submission was received, landscaping, and in particular this tree screen would be central. The Area Planning Officer would expect to see this screen enhanced, deepened and managed in perpetuity for the impact on the view from the Heath. Members would have the opportunity to consider this when the reserved matters application was presented.

 

Members commented that the Baldock Road was already quite dangerous and difficult to negotiate regarding cars waiting to go into McDonalds and noted that as a result of this development there would be a lot of cars and a lot of service vehicles, which would make the proposed T-junctions very busy. They queried whether T-junctions would be inadequate to deal with these vehicles and asked whether Highways could be requested to consider roundabouts for these junctions.

 

The Area Planning Officer advised that Members should consider the scheme presented to them, which did not include roundabouts. He would not encourage Members to refuse planning permission on the basis of no roundabouts and if Members chose to do this, they would have to provide highways evidence to support their decision.

 

The access arrangements would be subject to a full safety audit, if when undertaking this audit the Highway Authority decided that roundabouts were preferable they would inform the Planning Authority, although it should be noted that a lot of work had already been undertaken regarding this and a change of decision was unlikely.

 

RESOLVED:

 

(1)       That application 16/00378/1 be GRANTED planning permission subject to the completion of a satisfactory Section 106 agreement and the conditions as set out in the report of the Development and Conservation Manager and the amended and additional conditions below.

 

Amended Condition 10 to read:

 

Prior to the commencement of above ground works of the development hereby approved any Traffic Regulation Orders (TROs) that may be required as part of improving the accessibility of the site must be secured in place, such as the likelihood of implementing the relocation of the 40 mph speed restriction signs along Baldock Road which shall be subject to the Speed Management Strategy criteria.

 

Reason: In the interests of highway safety, amenity and free and safe flow of traffic.

 

Amended Condition 15 to read:

 

No development shall commence until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority. This strategy should evidence that all relevant statutory bodies have been consulted. No dwellings shall be occupied until the works have been carried out in accordance with the foul water strategy so approved unless otherwise approved in writing by the Local Planning Authority.

 

Reason: To prevent environmental and amenity problems arising from flooding.

 

Additional Condition 18 to read:

 

A.      No development shall take place/commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of archaeological significance and research questions; and:

 

1.      The programme and methodology of site investigation and recording;

2.      The programme and methodology of site investigation and recording as required by the archaeological evaluation;

3.      The programme for post investigation assessment;

4.      Provision to be made for analysis of the site investigation and recording;

5.      Provision to be made for publication and dissemination of the analysis and records of the site investigation;

6.      Provision to be made for archive deposition of the analysis and records of the site investigation;

7.      Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.

 

B       The development shall take place/commence in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved under condition (A).

 

C       The development shall not be occupied/used until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis and publication where appropriate.

 

Reason: To safeguard the archaeological record.

 

(2)       If the Section 106 agreement is not completed by 30 March 2018 (or any later date agreed with officers) application 16/00378/1 be REFUSED planning permission on the grounds of no satisfactory Section 106 agreement such that would be necessary to mitigate the impacts of the development..

 

Councillor Hunter returned to the Committee.