Agenda item

21/02632/FP LAND ADJACENT TO DUNGARVAN, BACK LANE, PRESTON, HERTFORDSHIRE

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of 10 detached dwellings (1 x 2-bed, 4 x 3-bed, 3 x 4-bed and 2 x 5-bed) including garages, private amenities and creation vehicular access off Back Lane (as amended by plans received on the 4th January 2022).

Decision:

RESOLVED: That application 21/02632/FP be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following edited and additional conditions:

 

·         Condition 6(i) to read as follows:

 

“Post construction restoration/reinstatement of the working areas and temporary access to the public highway and reinstatement of any damage to car parking (grasscrete) area on the adjoining public highway;”

 

·         Condition 18 to be added with the following:

 

“Throughout the period of construction the development hereby permitted and thereafter, the oak tree adjacent to the proposed site entrance shall be protected and retained in accordance with Agricultural Best Practice to the satisfaction of the Local Planning Authority.

 

Reason: In the interests of the preservation of the tree, biodiversity and ecology.”

 

·         Condition 19 to be added with the following:

 

“Prior to first  occupation of the development hereby permitted, a feasibility study shall be undertaken to fully ascertain the installation of solar panels on the approved dwellings. The study shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development.  If the feasibility study determines that solar panels are appropriate in certain locations, such panels shall be fitted onto the dwellings prior to their occupation and thereafter retained and maintained for their intended purpose.

 

Reason: In the interests of reducing potential carbon emissions and mitigating climate change.”

 

·         Condition 20 to be added with the following:

 

“Prior to the first occupation of the development hereby permitted, full details of a waste water reduction strategy associated with the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. All approved measures shall be carried out in accordance with the approved details or particulars prior to first occupation of each dwelling to which they relate and thereafter retained and maintained to the satisfaction of the Local Planning Authority.

 

Reason: In the interests of waste water management.”

 

 

 

 

Minutes:

Audio Recording: 44:10

 

The Development and Conservation Manager advised of updates concerning the report including:

 

·         The applicant has agreed to submit a Section 106 Unilateral Undertaking should Members grant the application;

·         A concern that has been raised by a local resident about plans not showing a new dwelling under construction in Gunnels Green. This new dwelling would not prejudice living conditions of this site. Paragraph 5.3.23 of the report this matter is dealt with;

·         Recommending an additional condition to protect the Oak Tree by the entrance of this site.

 

The Development and Conservation Manager presented the report in respect of application 21/02632/FP supported by a visual presentation consisting of photographs and plans.

 

The Chair invited Margaret Trinder to address the Committee against the application.

 

Margaret Trinder thanked the Chair for the chance to address the Committee and gave a verbal presentation including:

 

·         She is the Chairman of Preston Parish Council;

·         Preston residents are most concerned with the number and size of dwellings on this particular plot within the conservation area, and the increased traffic on local lanes; fewer dwellings would alleviate these issues;

·         Appreciate that the District Council needs to build new houses, this should not harm rural villages like Preston;

·         Materials chosen should reflect the local vernacular and surrounding area;

·         Do not agree that measures in this application are adequate to meet the Council’s target of 0 carbon emissions by 2030;

·         Greywater contribution is not applicable in this development – an inexplicable contradiction;

·         Water is a scarce resource and Hertfordshire has limited rainfall;

·         No condition concerning solar panels has been added after the applicant stated they would be willing to provide them.

 

In response to a question of clarification from Councillor David Levett, Margaret Trinder advised that the grasscrete partially alongside the site and by the side of the road; the parents have to park there to pick up their children.

 

The Chair invited Councillor Claire Strong to speak as a Member Advocate against this item.

 

Councillor Claire Strong thanked the Chair for the opportunity to address the Committee and gave a verbal presentation which included:

 

·         All Members of the Committee should have received a letter from concerned residents;

·         The Committee should consider whether these revised plans containing more dense plans will have a harmful effect on the village;

·         The planning permission that was granted previously was for 3 dwellings with the same amount of space between them as other dwellings in the area;

·         This development is changing from 3 dwellings to 10. The mix of housing has changed from 13 bedrooms to 36 bedrooms;

·         The lane is not very wide and a lot of traffic congestion already from the school;

·         Senior Conservation Officer’s report says they have no objection but did have quite a few concerns, and reported that the application would have a harmful impact on the character and appearance on this part of the area;

·         The comments from the Neighbourhood Parish Working Party Group felt that this plan would have an adverse effect on the village and that the number of dwellings should be reduced.

 

The Chair invited Ben Borthwick, agent to the applicant, to speak in support of the application.

 

Mr. Borthwick thanked the Chair for the opportunity to address the Committee and gave a verbal presentation which included the following:

 

·         The applicant would be in full support of an additional condition regarding the use of greywater and solar panels;

·         The applicant recognises the site potentially provides the last remaining opportunity to deliver sustainable and suitable housing in the local village context;

·         The proposal makes effective use of land to meet the need for new houses, with a net gain of 7 units from the previously approved scheme;

·         The scheme sits within the settlement boundary of Preston and provides an appropriate density of development reflecting its locality;

·         The proposal will result in a biodiversity net gain;

·         The proposal relocates the access along the back lane to a location further away from a protected tree.

 

In response to a question of clarification from Councillor Tom Tyson, Mr. Borthwick advised the figures provided are accurate in terms of dwellings per hectare.

 

In response to points raised by public speakers, the Development and Conservation Manager advised:

 

·         The Conservation Officer stated that the degree of harm would be towards the mid-to-lower end of the less than substantial harm continuum. You have to weight that against the public benefit of development. In this case, the public benefits are quite considerable;

·         Difficult to condition the retention of the grasscrete. Condition 6(i) could be stretched to include areas directly outside the site.

·         Can repeat the conditions used in the previous planning application for the 3 dwellings around solar panels and greywater.

 

The following Members took part in the debate:

 

·         Councillor David Levett

 

Councillor David Levett proposed, Councillor Mike Hughson seconded and, following a vote it was:

 

 

RESOLVED: That application 21/02632/FP be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following edited and additional conditions:

 

·         Condition 6(i) to read as follows:

 

“Post construction restoration/reinstatement of the working areas and temporary access to the public highway and reinstatement of any damage to car parking (grasscrete) area on the adjoining public highway;”

 

·         Condition 18 to be added with the following:

 

“Throughout the period of construction the development hereby permitted and thereafter, the oak tree adjacent to the proposed site entrance shall be protected and retained in accordance with Agricultural Best Practice to the satisfaction of the Local Planning Authority.

 

Reason: In the interests of the preservation of the tree, biodiversity and ecology.”

 

·         Condition 19 to be added with the following:

 

“Prior to first  occupation of the development hereby permitted, a feasibility study shall be undertaken to fully ascertain the installation of solar panels on the approved dwellings. The study shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development.  If the feasibility study determines that solar panels are appropriate in certain locations, such panels shall be fitted onto the dwellings prior to their occupation and thereafter retained and maintained for their intended purpose.

 

Reason: In the interests of reducing potential carbon emissions and mitigating climate change.”

 

·         Condition 20 to be added with the following:

 

“Prior to the first occupation of the development hereby permitted, full details of a waste water reduction strategy associated with the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. All approved measures shall be carried out in accordance with the approved details or particulars prior to first occupation of each dwelling to which they relate and thereafter retained and maintained to the satisfaction of the Local Planning Authority.

 

Reason: In the interests of waste water management.”

 

 

 

 

Supporting documents: