Agenda item

RESOLVED: That application 19/01448/FP be GRANTED planning permission subject to the completion of a satisfactory legal agreement and the extension of the statutory period if required, as well as the reasons set out in the report of the Development and Conservation Manager, with the following amendments to Conditions 7 and 18, and an additional Condition 41, to read:

 

“Condition 7

 

“No works or development (including any pre-construction, demolition or enabling works) shall commence until a Construction Management Plan/construction phasing and environmental management programme has been submitted to and approved in writing by the Local Planning Authority, including elements of the CLOCS standards as set out in the Highway Authority's Construction Management template. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan/Programme unless otherwise agreed in writing by the Local Planning Authority: The Construction Management Plan/construction phasing and environmental management programme shall include details of:

 

·         Construction vehicle numbers, type, routing.

·         Access arrangements to the site.

·         Traffic management requirements.

·         Construction and storage compounds (including areas designated for car parking, loading /unloading and turning areas).

·         Siting and details of wheel washing facilities (for construction vehicles leaving the site).

·         Cleaning of site entrances, site tracks and the adjacent public highway.

·         Timing of construction activities/hours of construction operations (including delivery times and removal of waste) and to avoid school pick up/drop off times.

·         Provision of sufficient on-site parking prior to commencement of construction activities.

·         Site set up and general arrangements for storing plant including cranes, materials, machinery and equipment, temporary offices and other facilities, construction vehicle parking and loading/unloading and vehicle turning areas.

·         Where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes, and remaining road width for vehicle movements.

·         Phasing Plans.

·         Measures to minimise dust, noise, machinery and traffic noise impacts during construction.

·         The location of construction traffic routes to and from the site, details of their signing, monitoring and enforcement measures.

·         Screening and hoarding details, to protect neighbouring residents.

·         End of day tidying procedures to ensure protection of the site outside the hours of construction. The construction activities shall be designed and undertaken in accordance with the code of best practice set out in British Standard 5228 1997 and with the agreed details unless otherwise agreed in writing by the Local Planning Authority.

·         Storage and removal of building waste for disposal or recycling.

·         Post construction restoration/reinstatement of the working areas and temporary access to the public highway.

·         Ecological method statements to incorporate: MM1 – General Construction Safeguards, MM2 – Hedgerow and Tree Protection, MM7– Badger Construction Safeguard, MM9-Precautionary Habitat Clearance Measures and MM10 -Timing of Works from the Ecological Appraisal April 2019 by Aspect Ecology

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way in accordance with Policies 5, 12, 17 and 22 of Hertfordshire's Local Transport Plan (adopted 2018) and to ensure the correct phasing of development in the interests of minimising disruption nearby residents during construction, minimising any environmental impacts and in the interests of biodiversity.”

 

“Condition 18

 

No dwelling hereby permitted shall be occupied until a scheme of external lighting has been submitted to and been approved in writing by the Local Planning Authority.  The scheme shall be designed to ensure public safety and to minimise the potential effects upon the ecology of the site and its surroundings.  The scheme shall include details of external lighting of the pedestrian accesses on the eastern boundary. The strategy shall be designed to minimise the potential adverse effects of external lighting on the amenity and biodiversity of the site and its immediate surroundings. The external lighting scheme should incorporate the considerations outlined within MM6 – Sensitive Lighting within the Ecological Appraisal April 2019 by Aspect Ecology an ecological lighting statement giving detail of definitive measures as to how this has been achieved.  The scheme shall be implemented as approved and in accordance with an agreed programme/strategy, and the arrangements shall be maintained and retained thereafter.

 

Reason: In the interests of biodiversity and local amenity.”

 

“Condition 41

 

Prior to the commencement of development an updated Transport Assessment shall be submitted to and approved in writing by the Local Planning Authority.  The Transport Assessment shall consider the cumulative impacts of sites CD1, CD2, CD3 and CD5 on the village centre and minor roads leading to/from Codicote and secure necessary mitigation or improvement measures.  No dwelling forming part of the development hereby approved shall be occupied until the approved mitigation and/or improvement measures have been implemented to the satisfaction of the Local Planning Authority.

 

Reason:  In the interests of highway safety and traffic management.”

 

 

Audio recording – 78 minutes 08 seconds

 

The Senior Planning Officer provided the following updates:

 

·         Herts Ecology had raised concerns of the ability to meet 10% biodiversity net gain and the applicant had been requested to provide further information. This information had now been received and Herts Ecology had confirmed that they believe this can be achieved within the site boundary.

·         The proposed section 106 clause in the event 10% biodiversity net gain cannot be achieved on site can be removed.

·         Herts Ecology had proposed two further conditions, and these were incorporated into Conditions 7 and 18 and the pre-commencement Condition 7 had been agreed with the applicant.

·         An update to the section 106 obligations table was provided, advising that they youth contribution would go to a facility in Hitchin, not Welwyn as written in the report.

·         The section 106 monitoring fees had been updated.

·         Condition 21.e should refer to drawing no. ‘6729.MOS PP.4.0 Rev C’.

·         One further representation had been made from a local resident following the publication of the report and this was available on the Council website.

 

The Senior Planning Officer presented the report in respect of application 19/01448/FP supported by a visual presentation consisting of photographs and plans.

 

The following Members asked questions:

 

·         Councillor David Levett

·         Councillor Nigel Mason

·         Councillor Michael Muir

·         Councillor Tom Tyson

 

In response to questions, the Senior Planning Officer advised:

 

·         The Car Club Scheme was felt to be more enforceable as a section 106 clause and had previously been included on the Heath Lane proposals.

·         The attenuation pond was included within the red line of the site and it would be a basin in the land in case of excess water, but it was expected to be mostly empty. This was part of the sustainable urban drainage features.

·         The application was submitted with a Transport Statement which concluded that the development would not have a significant adverse impact on the operation of the highway networks in the vicinity of the site or on road safety.

·         Without an objection from the Highways Authority, it would not be recommended to refuse on these grounds.

 

The Chair invited Councillor Ralph Muncer to speak as Member Advocate against the application, in place of the ward member Councillor Ian Moody. Councillor Muncer thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including:

 

·         Of the four Codicote sites in the Local Plan, the residents view this site as the most appropriate, but that did not mean they did not have concerns.

·         It was important for the Council and the developer to work together to find outcomes beneficial for residents.

·         The site sits at the end of a national speed limit zone and whilst an alternative is being worked on, not formal consideration to this had been given.

·         The site is also located opposite a known dangerous junction.

·         The traffic on the road is already bad and this is made worse when the A1(M) is closed, forcing traffic through Codicote. Suitable signage and road layout would be required to mitigate this.

·         Residents had made numerous complaints about the continued breaches of conditions on the site, including dust, noise and inconsiderate parking.

·         Within the village there were three major sites under construction within a 600m radius. All of these sites were using the High Street for access, which was causing major issues on roads not suited for the HGVs visiting the sites.

·         There had been noticeable positive changes since the commencement of the Heath Lane, demonstrating lessons had been learned.

·         Some proposed additional conditions included; having a site management plan in place, parking and delivery restrictions, compulsory washing of vehicles before leaving the site, no weekend working, no removal of hedgerows and regular site visits from Officers.

 

The Chair invited Mr Nick Stafford to speak in support of the application. Mr Stafford thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including:

 

·         The site would provide much needed affordable homes.

·         The application had tracked the Local Plan process and considerable interaction had taken place with Officers during the process.

·         The applicant had consulted the community in 2019 with detailed proposals and were given feedback from residents.

·         The Local Plan had now been adopted and the site had been removed from the greenbelt.

·         The work put in during the wait for the adoption of the Local Plan meant that this was a high quality scheme, producing and attractive environment.

·         The dwellings would be well spaced and boundary re-planting would only take place where existing plants were dead or dying.

·         Section 106 clauses had been agreed with the Council.

·         A transport plan was provided with the application, highlighting negligible changes in emission between its use as a residential site and a former garden centre.

·         The suds basin would be mostly dry and only required during flooding and would be located on land owned by the developer.

·         Every house would have EV charging by condition and where possible new energy technology would be used.

·         There would be hedgehog highways, bee bricks and provision for birds and bats to protect wildlife.

 

In response to points raised, the Senior Planning Officer advised:

 

·         Highways had not objected on safety grounds and have recommended conditions be applied, so it would be difficult to refuse on these grounds or place additional highways conditions.

·         The construction management was covered by Condition 7. This condition would cover many of the issues raised.

·         The conditions applied have to be reasonable and enforceable and a standard informative had been included regarding working hours, and therefore would not be reasonable to place additional conditions on this.

·         Deliveries outside of school pick off and drop off had been covered by the construction management plan condition.

·         Requested monthly site visits by Officers would not be deemed reasonable or enforceable.

·         An Arboriculture Assessment had been provided with the application detailing which trees were to be removed.

 

Councillor Alistair Willoughby noted that more of the points raised by Councillor Muncer had been addressed in the conditions included within the report.

 

Councillor David Levett noted that he had no issues with the site for development as it fell within the Local Plan. However, he was concerned that cumulative impact on highways had not been considered. As detailed in 4.1.88 of the report the Inspector had wanted consideration to be given to the wider implications and cumulative effects on the community. He suggested that an additional condition be included to require an updated Transport Assessment, to take into account the cumulative impact of developments in Codicote.

 

In response to points raised and the proposed additional condition by Councillor Levett, the Acting Development and Conservation Manager advised that two of the four Codicote sites had submitted cumulative impact assessments, and these were found to be acceptable. He confirmed that it could be required by condition on this application prior to commencement.

 

Councillor Alistair Willoughby proposed, subject to the amendment above, and Councillor David Levett seconded and, following a vote, it was:

 

RESOLVED: That application 19/01448/FP be GRANTED planning permission subject to the completion of a satisfactory legal agreement and the applicant agreeing to extend the statutory period in order to complete the agreement if required, as well as the reasons set out in the report of the Development and Conservation Manager, with the following amendments to Conditions 7 and 18, and an additional Condition 41, to read:

 

“Condition 7

 

“No works or development (including any pre-construction, demolition or enabling works) shall commence until a Construction Management Plan/construction phasing and environmental management programme has been submitted to and approved in writing by the Local Planning Authority, including elements of the CLOCS standards as set out in the Highway Authority's Construction Management template. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan/Programme unless otherwise agreed in writing by the Local Planning Authority: The Construction Management Plan/construction phasing and environmental management programme shall include details of:

 

·         Construction vehicle numbers, type, routing.

·         Access arrangements to the site.

·         Traffic management requirements.

·         Construction and storage compounds (including areas designated for car parking, loading /unloading and turning areas).

·         Siting and details of wheel washing facilities (for construction vehicles leaving the site).

·         Cleaning of site entrances, site tracks and the adjacent public highway.

·         Timing of construction activities/hours of construction operations (including delivery times and removal of waste) and to avoid school pick up/drop off times.

·         Provision of sufficient on-site parking prior to commencement of construction activities.

·         Site set up and general arrangements for storing plant including cranes, materials, machinery and equipment, temporary offices and other facilities, construction vehicle parking and loading/unloading and vehicle turning areas.

·         Where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes, and remaining road width for vehicle movements.

·         Phasing Plans.

·         Measures to minimise dust, noise, machinery and traffic noise impacts during construction.

·         The location of construction traffic routes to and from the site, details of their signing, monitoring and enforcement measures.

·         Screening and hoarding details, to protect neighbouring residents.

·         End of day tidying procedures to ensure protection of the site outside the hours of construction. The construction activities shall be designed and undertaken in accordance with the code of best practice set out in British Standard 5228 1997 and with the agreed details unless otherwise agreed in writing by the Local Planning Authority.

·         Storage and removal of building waste for disposal or recycling.

·         Post construction restoration/reinstatement of the working areas and temporary access to the public highway.

·         Ecological method statements to incorporate: MM1 – General Construction Safeguards, MM2 – Hedgerow and Tree Protection, MM7– Badger Construction Safeguard, MM9-Precautionary Habitat Clearance Measures and MM10 -Timing of Works from the Ecological Appraisal April 2019 by Aspect Ecology

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way in accordance with Policies 5, 12, 17 and 22 of Hertfordshire's Local Transport Plan (adopted 2018) and to ensure the correct phasing of development in the interests of minimising disruption nearby residents during construction, minimising any environmental impacts and in the interests of biodiversity.”

 

“Condition 18

 

No dwelling hereby permitted shall be occupied until a scheme of external lighting has been submitted to and been approved in writing by the Local Planning Authority.  The scheme shall be designed to ensure public safety and to minimise the potential effects upon the ecology of the site and its surroundings.  The scheme shall include details of external lighting of the pedestrian accesses on the eastern boundary. The strategy shall be designed to minimise the potential adverse effects of external lighting on the amenity and biodiversity of the site and its immediate surroundings. The external lighting scheme should incorporate the considerations outlined within MM6 – Sensitive Lighting within the Ecological Appraisal April 2019 by Aspect Ecology an ecological lighting statement giving detail of definitive measures as to how this has been achieved.  The scheme shall be implemented as approved and in accordance with an agreed programme/strategy, and the arrangements shall be maintained and retained thereafter.

 

Reason: In the interests of biodiversity and local amenity.”

 

“Condition 41

 

Prior to the commencement of development an updated Transport Assessment shall be submitted to and approved in writing by the Local Planning Authority.  The Transport Assessment shall consider the cumulative impacts of sites CD1, CD2, CD3 and CD5 on the village centre and minor roads leading to/from Codicote and secure necessary mitigation or improvement measures.  No dwelling forming part of the development hereby approved shall be occupied until the approved mitigation and/or improvement measures have been implemented to the satisfaction of the Local Planning Authority.

 

Reason:  In the interests of highway safety and traffic management.”