Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Residential development comprising of 9 dwellings including associated parking, landscaping and refuse storage and provision of car parking spaces for Public House use following demolition of existing outbuildings (Amended by plans received 18.03.2021) (New drainage and other documents received 29.09.2021)

RESOLVED: That application 20/01764/FP be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following amendments to conditions:

 

·         Condition 20 be removed.

·         Condition 21 to become Condition 20, Condition 22 to become Condition 21 and Condition 23 to become Condition 22.

 

·         Condition 5 to be amended to the following:

 

“Prior to commencement of the approved development (excluding demolition), the following landscape details shall be submitted:

 

1.     which, if any, of the existing vegetation is to be removed and which is to be retained.

2.     what new trees, shrubs, hedges and grassed areas are to be planted, together with the species proposed and the size and density of planting.  This shall include planting west of the Plot 1 dwelling.

3.     the location and type of any new walls, fences or other means of enclosure and any hardscaping proposed.

4.     details of any earthworks proposed.

 

Reason: To ensure the submitted details are sufficiently comprehensive to enable proper consideration to be given to the appearance of the completed development.”

 

·         Condition 19 to be amended to the following:

 

“The development permitted by this planning permission shall be carried out in accordance with the Document 65204340-SWE-ZZ-XX-CO-C-0001-P01, prepared by Sweco UK Limited, Dated 29.09.2021 and the following mitigation measures;

 

1.    Limiting the surface water run-off rates to a maximum of 3.5l/s for all rainfall events up to and including the 1 in 100 +40% climate change event with discharge into the Thames Water Foul Water Sewer. 

2.    Provide attenuation (700mm of storage within the type 3 subbase, or such volume agreed by the LPA) to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + 40% climate change event. 

3.    Implement the drainage strategy utilising lined permeable paving, type 3 subbase and a Hydrobrake flow control device. 

 

Reason: To reduce the risk of flooding to the proposed development and future occupants.”

 

Audio recording – 14 minutes 34 seconds

 

Councillor Ian Moody advised that he had a vested interest in this application and, following advice from the Legal Regulatory Team Manager, he left the room for the duration of the item.

 

The Senior Planning Officer presented the report in respect of application 20/01764/FP supported by a visual presentation consisting of photographs and plans.

 

The Senior Planning Officer advised of updates to the report including:

 

·         Further objections had been received from the residents of 61 and 63 High Street, including; maintenance concerns, does not deal with flooding in basement and greater impacts on High Street. The Senior Planning Officer advised that he did not consider these as new issues which needed to be addressed.

·         The Lead Local Flood Authority (LLFA) had responded to new drainage plans submitted and recommended that planning permission be granted, with the addition of the conditions in their letter.

 

The Chair invited David Hainsworth and Catherine Gillings to speak against the application.

 

David Hainsworth and Catherine Gillings thanked the Chair for the chance to address the Committee and gave a verbal presentation including:

 

·         The application does not comply with Government planning policy and the applicants had not addressed the reasons for previous deferment by Committee.

·         There were several listed buildings in the vicinity of the site.

·         The basement of The Bell Inn was consistently flooded and there were other flooding concerns in the areas surrounding the site.

·         The proposed scheme is an overdevelopment and impacts on the privacy of existing residents.

 

The Chair invited Mark Westcott, agent of the applicant, to speak in support of the application.

 

Mark Westcott thanks the Chair for the chance to address the Committee and gave a verbal presentation including:

 

·         Officer recommendation had been given.

·         Oldham Residential had gone to great effort and cost to produce further documentation following the deferral at the previous meeting.

·         The Conservation Officer can find no reasonable grounds for refusal of this application.

·         The LLFA have removed their objection to the proposals.

·         Proposals would make a positive contribution to North Herts housing targets, which are not currently met.

·         Worked collaboratively with Officers and experts.

·         There had been no objection from the local Highways Authority.

·         Local sourcing, low water consumption, landscaping and e-charging points have all been included in plans to meet environmental requirements.

·         Anti-social behaviour has been ongoing on the site and this development would help to address these issues.

 

The following Members asked questions:

 

·         Councillor Tony Hunter

 

In response to questions, Mark Westcott, advised that he believed that basement flooding on the site had been taken into account.

 

In response to questions, the Senior Planning Officer advised:

 

·         Drainage would flow away from 61 and 62 High Street and the LLFA had no objections to these plans.

·         The housing mix was suitable for the area.

·         The 30 metre spacing for privacy was guidance.

 

The following Members took part in the debate and asked questions:

 

·         Councillor David Levett

·         Councillor Tony Hunter

 

The Senior Planning Officer advised that he was unsure as to whether the LLFA were aware of local objections to the report.

 

The Development and Conservation Manager advised that it was not for the authority to provide all objections to the LLFA, but all were published online should the LLFA wish to review these.

 

The Legal Regulatory Team Manager highlighted that Condition 5 required the applicant to provide a plan for vegetation screening on site, which would be approved by Officers.

 

The Development and Conservation Manager advised that the gap behind the car park, which was not included for development, could be used as an additional space for landscaping.

 

Councillor Michael Muir drew attention to the Climate Emergency declared by the Council and the requirement for EV charging points to be included in plans. He requested that Officers go further and discuss with applicants the installation of heat pumps in new developments.

 

Councillor Ian Mantle advised that when there is no expert objection to the plans that should the Committee refuse plans, it would not hold up on appeal. He also suggested that vegetation should not be used simply to mask, but to complement the buildings.

 

Councillor Ian Mantle proposed and Councillor Tom Tyson seconded and, following a vote, it was:

 

RESOLVED: That application 20/01764/FP be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following amendments to conditions:

 

·         Condition 20 be removed.

·         Condition 21 to become Condition 20, Condition 22 to become Condition 21 and Condition 23 to become Condition 22.

 

·         Condition 5 to be amended to the following:

 

“Prior to commencement of the approved development (excluding demolition), the following landscape details shall be submitted:

 

1.     which, if any, of the existing vegetation is to be removed and which is to be retained.

2.     what new trees, shrubs, hedges and grassed areas are to be planted, together with the species proposed and the size and density of planting.  This shall include planting west of the Plot 1 dwelling.

3.     the location and type of any new walls, fences or other means of enclosure and any hardscaping proposed.

4.     details of any earthworks proposed.

 

Reason: To ensure the submitted details are sufficiently comprehensive to enable proper consideration to be given to the appearance of the completed development.”

 

·         Condition 19 to be amended to the following:

 

“The development permitted by this planning permission shall be carried out in accordance with the Document 65204340-SWE-ZZ-XX-CO-C-0001-P01, prepared by Sweco UK Limited, Dated 29.09.2021 and the following mitigation measures;

 

1.    Limiting the surface water run-off rates to a maximum of 3.5l/s for all rainfall events up to and including the 1 in 100 +40% climate change event with discharge into the Thames Water Foul Water Sewer. 

2.    Provide attenuation (700mm of storage within the type 3 subbase, or such volume agreed by the LPA) to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + 40% climate change event. 

3.    Implement the drainage strategy utilising lined permeable paving, type 3 subbase and a Hydrobrake flow control device. 

 

Reason: To reduce the risk of flooding to the proposed development and future occupants.”