Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

 

New roundabout and access from the A505 to serve residential development.

RESOLVED:

 

(1)       That, following a grant of planning permission of application for reserved matters of Phase 1 of the development, the Development and Conservation Manager be authorised to GRANT planning permission in respect of application 17/02470/1, subject to the conditions and reasons contained in the report.

This resolution is valid for the period up to and including the period during which the reserved matters application for approval of reserved matters is being considered and determined.

 

(2)       That, if the applicant does not extend the statutory expiry date to a date specified by the Local Planning Authority to allow time for the application for approval of reserved matters for Phase 1 to be determined, then the Development and Conservation Manager be authorised to make a decision that in respect of application 17/02470/1 planning permission can be refused.

 

(3)       That, if the application for approval of reserved matters for Phase 1 is refused, the Development and Conservation Manager be authorised to make a decision in respect of application 17/02470/1 planning permission can be refused.

New roundabout and access from the A505 to serve residential development.

 

The Senior Planning Officer (NR) advised that there were a number of corrections and updates to the report as follows:

 

Corrections to the Report

The description on the agenda front pages should read:

 

New roundabout and access from the A505 to serve residential development.

 

The reason for referral to Committee should read:

 

This application is for operational development on a site under 1Ha. Therefore the application can be determined under delegated powers. However, officers are seeking a resolution from Members for the reasons set out on Paragraph 4.2.4 below.

 

Updates

 

Written confirmation had been received from the Highways Operations & Strategy Group Manager, Northern Herts, Hertfordshire County Council as follows:

 

“Reading the below I understand you require confirmation that HCC will be prepared to progress the Section 278 process on the basis of a committee resolution to grant permission.

 

I can confirm HCC Highways are happy to proceed with drawing checks and the preparation of a draft Section 278 highways agreement in relation to Application No.17/02470/1 but not to sign and seal the agreement until all reserved matters to outline conditional permission No.14/02485/1 are approved.  I should of course point out that any work carried out, along with any associated fees, would be at the applicant’s risk should it turn out to be abortive work.”

 

Comments had also bee received from the Senior Historic Environment Advisor, Archaeology as follows:

 

This proposal concerns the formation of a roundabout and access to a site which was the subject of planning application 14/02485/1 for residential development.

 

When commenting on that planning application this office recommended a programme of pre-determination archaeological investigations followed by further investigation by condition.

 

The results of both phases of archaeological investigation revealed heritage assets of low significance dating from the post-medieval period onwards.

 

In this instance therefore, we have no comment to make upon the proposal.”

 

Summary

 

·                This was a slightly complex resolution therefore the explanation made in paragraph 4.2.4 of the report should be reiterated;

·                The application was for operational development on an area of land below 1Ha, therefore, technically, the application could be determined under delegated authority;

·                However, outline planning permission was granted in 2016 for residential development with all matters reserved, including access. Although access was discussed in detail at the outline application stage and it was agreed that it should be off the A505 not Newmarket Road;

·                The reserved matters applications would be submitted in phases; 

·                A phasing plan had been approved;

·                A reserved matters application had been submitted for Phase 1 for all matters including access. This application was under consideration and would be referred to Planning Control Committee in due course;

·                It was not considered appropriate to determine this application for the roundabout and access under delegated powers as this could be seen to be predetermining Members decision on the reserved matters application;

·                The Applicants had requested that this application for the roundabout be determined so that they could move forward with their Section 278 discussions with the Highways Authority;

·                Whilst it was not considered appropriate for the application to be determined prior to the reserved matters application it had been agreed that this application be referred to the Planning Control Committee with a resolution to grant planning permission following any grant of planning permission for the reserved matters application for Phase 1;

·                This application for the roundabout and access could then be determined under delegated authority immediately following the committee meeting where the reserved matters application is determined;

·                We requested from the agent suitable written confirmation from Hertfordshire County Council Highways Authority to confirm that, should Members of the NHDC Planning Control Committee agree a resolution to grant planning permission, as set out in the recommendations paragraph 6.1 of the report (not a planning permission), that this would be sufficient for them to progress the Section 278 Agreement negotiations;

·                This written confirmation had been received; 

·                The recommendation sets out to cover three possible scenarios.

 

The Senior Planning Officer recommended that Members resolve:

 

1.         That planning permission be granted subject to conditions under delegated powers, following a grant of planning permission of application for reserved matters of Phase 1 of the development. This resolution is up to and including the period within which the reserved matters application for approval of reserved matters is being considered and determined.

 

2.         That if the applicant does not extend the statutory expiry dare to a date specified by the Local Planning Authority to allow time for the application for approval of reserved matters for Phase 1 to be determined then the application can be refused under delegated powers.

 

3.         That if the application for reserved matters for Phase 1 is refused, that planning permission can be refused under delegated powers.

 

The Senior Planning Officer noted that paragraph 4.3.5 should be amended to 4.2.5 and after 4.9 all numbering should be corrected and renumbered accordingly.

 

The Senior 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.

 

Mr John Baines, Applicant, had registered to speak in support of application 17/02470/1, however he had advised the Chainman that he was withdrawing this request.

 

Members asked for clarification regarding how residents of this estate would get into Royston town as it would appear from the layout that residents would have to drive a circular route, which would be contrary to policies regarding sustainability.

 

The Senior Planning Officer acknowledged that the access to the site was onto the A505, which was heading out of town.

 

The original plan was for the access to be onto the Newmarket Road, however the general consensus was that this was unacceptable as it would involve the loss of a lot of trees and a lot of ground works.

 

She advised that this had been the subject of some discussion at the outline stage. Whilst access was a reserved matter, it was agreed at the outline stage that an access onto the A505 would be acceptable.

 

Members asked for clarification regarding the relationship of the proposed roundabout with the A505.

 

The Senior Planning Officer confirmed that the roundabout would be on the A505 itself.

Councillor Hunter advised that he, along with Councillor Hill had been involved with the discussion with Highways on the original application and following a full safety audit, it was agreed that Newmarket Road and Garden Walk were not the right ways to access the site. A full roundabout on the A505 was agreed as the most suitable access.

 

Members commented that the comments of the Town Council, made on the initial application, should be considered when looking at the reserved matters application, regarding the speed issues of traffic travelling along the A505.

 

RESOLVED:

 

(1)       That, following a grant of planning permission of application for reserved matters of Phase 1 of the development, the Development and Conservation Manager be authorised to GRANT planning permission in respect of application 17/02470/1, subject to the conditions and reasons contained in the report.

This resolution is valid for the period up to and including the period during which the reserved matters application for approval of reserved matters is being considered and determined.

 

(2)       That, if the applicant does not extend the statutory expiry date to a date specified by the Local Planning Authority to allow time for the application for approval of reserved matters for Phase 1 to be determined, then the Development and Conservation Manager be authorised to make a decision that in respect of application 17/02470/1 planning permission can be refused.

 

(3)       That, if the application for approval of reserved matters for Phase 1 is refused, the Development and Conservation Manager be authorised to make a decision in respect of application 17/02470/1 planning permission can be refused.