Agenda item - 18/00572/FP - LAND REAR OF THE ROOKERY, KINGS WALDEN ROAD, OFFLEY, SG5 3DX

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of two 3-bed, three 4-bed and one 5-bed dwellings including new vehicular access off Harris Lane, widening of existing Harris Lane and parking and associated works.

RESOLVED: That application 18/00572/FP be GRANTED planning permission, subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out wholly in accordance with the details specified in the application and supporting approved documents and plans listed above.

Reason: To ensure the development is carried out in accordance with details which form the basis of this grant of permission.

3. Details and/ or samples of materials to be used on all external surfaces of the development including roof materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved materials.

Reason: In the interests of visual amenity

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as amended no development as set out in Class(es) A, B, C, D, E of Part 1 of Schedule 2 to the Order, (or any subsequent Statutory Instrument which revokes, amends and/or replaces those provisions) shall be carried out without first obtaining a specific planning permission from the Local Planning Authority.

Reason: Given the nature of this development, the Local Planning Authority considers that development which would normally be "permitted development" should be retained within planning control in the interests of the character and amenities of the area.

5. No development shall take place (including site clearance) until an adequately detailed Biodiversity and Landscape Plan has been submitted to and approved in writing by the Local Planning Authority. The content of the plan need only indicate:

The location of the hedgerows that are to be retained and any management measures proposed;

The location of bird boxes / tubes;

Measures to translocate the existing orchard;

A suitable lighting strategy; and

A timetable for implementation

The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter.

Reason: To ensure that the development results in no net loss of biodiversity.

6. Before occupation of any of the houses hereby permitted, a landscaping scheme shall be submitted to and have been approved in writing by the Local Planning Authority. The scheme shall include the following details: a) which, if any, of the existing vegetation is to be removed and which is to be retained b) what new trees, shrubs, hedges and grassed areas are to be planted, together with the species proposed, location and the size and density of planting c) the location and type of any new walls, fences or other means of enclosure and any hardscaping proposed d) details of any earthworks proposed e) the future management and maintenance of the landscaping.

Reason: To ensure the submitted details are sufficiently comprehensive to enable proper consideration to be given to the appearance of the completed scheme in the interests of the visual amenity of the locality and the ecological protection and enhancement of the site.

7. Electric vehicle (EV) charging infrastructure shall be installed in each of the properties hereby permitted and maintained for the lifetime of the development or as otherwise agreed in writing by the Local Planning Authority.

Reason: In order to minimise the environmental impact of the development.

8. Prior to the commencement of the development Harris Lane shall be widened in accordance with the approved in principle plan (drawing number P/1035/4 ) and reconstructed to the specification of the Highway Authority and the Local Planning Authority's satisfaction.

Reason: To ensure the provision of an access appropriate for the development in the interests of highway safety and convenience.

9. Prior to commencement of the development the access from Harris Lane shall be constructed in a hard surfacing material for the first 6.0 metres from the edge of the carriageway.

Reason: To prevent erosion of the edge of the carriageway and prevent loose material from passing onto the public highway which may be detrimental to highway safety.

10. Any gates proposed to the site shall be set back a minimum of 6.0 metres from the edge of the carriageway and shall open inwards to the site.

Reason: To allow a vehicle to wait clear of the carriageway while the gates are being opened and closed.

11. The Public Right of Way adjacent north of the site along Harris Lane must be protected to its' present width and current surface condition and shall remain unobstructed by vehicles, machinery, materials and tools during construction of the reinstated access.

Reason: To safeguard the rights of the public and in the interest of pedestrian safety.

12. The condition of the Public Right of Way on Harris Lane must not deteriorate as a result of the construction work associated with the provision of the new access. Any adverse affects to the surface from traffic, machinery or materials (especially overspills of cement & concrete) shall be made good by the applicant to the satisfaction of the Highway Authority.

Reason: To safeguard the rights of the public and in the interest of pedestrian safety.

13. Before the access from Harris Lane is first brought into use vehicle to vehicle visibility splays of 2.4 metres by 22 metres in both directions as identified on drawing number 15019/05 revision B, shall be provided and permanently maintained. Within which there shall be no obstruction to visibility between 600 mm and 2.0 metres above the carriageway level. These measurements shall be taken from the intersection of the centre line of the permitted access with the edge of the carriageway of the highway respectively into the application site and from the intersection point along the edge of the carriageway.

Reason: To provide adequate visibility for drivers entering and leaving the site.

14. Prior to the commencement of the development, a Construction Management Plan/Method Statement shall be submitted to and approved in writing by the local planning authority in consultation with the highway authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan/Statement. The Construction Management Plan/Method statement shall address the following matters (i) Details of a construction phasing programme (including any pre-construction or enabling works); (ii) Hours of construction operations including times of deliveries and removal of waste; (iii) 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; (iv) Access and protection arrangements around the site for pedestrians, cyclists and other highway users; (v)Details of provisions for temporary car parking during construction; (vi)The location of construction traffic routes to and from the site, details of their signing, monitoring and enforcement measures; (vii)Screening and hoarding details (viii)End of day tidying procedures; (ix)Construction and storage compounds (including areas designated for car parking); (x)Siting and details of wheel washing facilities; (xi)Cleaning of site entrances, site access roads and the adjacent public highway and: (xii)Disposal of surplus materials.

Reason: To minimise the impact of construction vehicles and to maintain the amenity of the local area.

15. Prior to the commencement of the development hereby permitted a Stage 1 Road Safety Audit shall be carried out and submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority.

Reason: In order to protect highway safety and the amenity of other users of the public highway.

Proactive Statement:

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted proactively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

Informative/s:

HIGHWAY INFORMATIVES: HCC recommends inclusion of the following highway informatives to ensure that any works within the public highway are carried out in accordance with the provisions of the Highway Act 1980: Rights of Way:

1. Before commencement of the proposed development, the applicant shall contact Hertfordshire County Council's Rights of Way Service http://www.hertfordshire.gov.uk/services/envplan/countrysideaccess/row/ (Tel: 0300 123 4047, email at row@hertfordshire.gov.uk ) to obtain their requirements for the ongoing maintenance of the surface of the Public Right of Way adjacent to the site access (Harris Lane).

Reason: To ensure the surface of Harris Lane does not deteriorate as a result of an increase in vehicle movements using the access, in the interests of pedestrian safety on a Public Right of Way. The Public Right of Way should remain unobstructed by vehicles, machinery, materials, tools and any other aspects of the construction during works. The safety of the public using the route and any other routes to be used by construction traffic should be a paramount concern during works, safe passage past the site should be maintained at all times. The condition of the route should not deteriorate as a result of these works. Any adverse effects to the surface from traffic, machinery or materials (especially overspills of cement & concrete) should be made good by the applicant to the satisfaction of this Authority. All materials should be removed at the end of the construction and not left on the Highway or Highway verges. If the above conditions cannot reasonably be achieved then a Temporary Traffic Regulation Order would be required to close the affected route and divert users for any periods necessary to allow works to proceed. A fee would be payable to Hertfordshire County Council for such an order.

2. Works to be undertaken on the adjoining highway shall be constructed to the satisfaction of the Highway Authority and in accordance with Hertfordshire County Council publication Roads in Hertfordshire Highway Design Guide. Before proceeding with the proposed development, the applicant shall follow the link below; https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/businessand-developer-information/development-management/highways-developmentmanagement.aspx or call on 0300 1234 047 to obtain the requirements for a section 278 agreement for the associated road works as part of the development. This should be carried out prior to any development work is carried out.

Reason: To ensure that work undertaken on the highway is constructed to the current Highway Authority's specification, to an appropriate standard and by a contractor who is authorised to work in the Public Highway.

Erection of two 3-bed, three 4-bed and one 5-bed dwellings including new vehicular access off Harris Lane, widening of existing Harris Lane and parking and associated works.

The Area Planning Officer presented the report of the Development and Conservation Manager in respect of planning application 18/00572/FP.

The Area Planning Officer advised that Members would have received a statement from Councillor David Barnard writing in support of the planning application. Councillor Barnard had invited the Committee to grant permission, subject to design negotiations.

The Area Planning Officer explained that the applicant’s agent had submitted revised information including a Transport Assessment and amended drawings to address the highways reasons for refusal, and the Highway Authority had indicated that these amendments were likely to be acceptable. Hertfordshire Highways had been formally consulted, but it was expected that that they would confirm that their objection was removed. In these circumstances, he advised the Committee that Reason for Refusal No. 3 was withdrawn from the recommendation.

The Area Planning Officer presented a series of slides, which comprised photographs of the application site and drawings. At the conclusion of the presentation, he asked the Committee to support the officer recommendation for refusal, excluding the highway reason for refusal.

Mr Michael Margerison (Applicant’s Representative) addressed the Committee in support of application 18/00572/FP.

Mr Margerison advised that the site did not form part of an established garden and was effectively self-contained. It was not in the Conservation Area nor the Green Belt, and it was understood that the site was designated in the emerging Local Plan as being within the Great Offley village boundary.

Mr Margerison commented that there had not been many objections to the application, and the proposal was supported by the Parish Council. The applicant would look to work with them and residents on any areas of concern. Part of the site already benefitted from planning consent for three dwellings, and the applicant was looking to utilise the whole of the site by constructing a further three homes. Consequently, there was a relatively small increase in terms of traffic generation, but by using the whole of the site this meant that the developer could improve the access onto Harris Way to ensure that all vehicles exited in forward gear.

Mr Margerison stated that the design of the scheme paid particular attention to minimising its impact on The Rookery, with gabled end of the nearest new dwelling being screened by hedges, some 46 metres away. In addition, the design of the new dwellings adopted the style of nearby agricultural buildings thereby retaining the rural character bordering the conservation area.

Mr Margerison considered that the 6 units would provide much needed new housing to the village and would help to support local businesses. The developer was a local company, building no more than 20 units a year, and took great pride in the quality of design, particularly in sensitive areas.

After a period of questions and answers, the Chairman thanked Mr Margerison for his presentation.

In respect of issues raised during the presentation, the Area Planning Officer commented as follows:

· Local Plan Issue – at the recent Examination in Public, the applicant put forward a proposal to move the village boundary to encompass the whole of the area covered by the proposed 6 new houses, and this boundary change was accepted by Planning Policy Officers. This effectively removed the site from the Rural Area Beyond the Green Belt: and

· There was no issue with the style of the proposed dwellings, but more the cumulative urbanising effect of the development.

The Member who had called-in the application considered that the application should be granted planning permission and commented as follows:

· Planning permission had already been granted for 3 dwellings on the site;

· The site was located outside of the historic boundary of the nearby listed building (The Rookery), although the new boundary was 20 feet further away from that building;

· The plot was also outside the village’s Conservation Area, and the listing of The Rookery did not include the garden area;

· The design of the new houses would be agricultural in character, therefore in keeping with nearby buildings;

· Access to the new development would be provided from Harris Lane – this lane was already well used by cars travelling to and from the Flying Club situated further up the lane; the applicant had agreed to widen the road to accommodate the minor increase in traffic generated by the proposal;

· Highways had removed the objection regarding access by refuse vehicles;

· The granting of permission to a further 3 dwellings similar to the existing 3 would not cause urbanisation or result in a detrimental impact on The Rookery; the site was on the edge of the village and the development would have little to no detrimental impact on any neighbouring properties, and would be beneficial to nearby local businesses.

Notwithstanding the above comments, a number of Members were supportive of the Planning Officer’s recommendation that planning permission be refused for these additional 3 dwellings for the reasons set out in the report. Conversely, a number of Members supported the Member who had called-in the application.

It was moved and seconded that the application be refused planning permission for the reasons set out in the report. Upon being put to the vote, this motion was lost.

It was moved and seconded that the application be granted planning, subject to appropriate conditions. Upon being put to the vote, it was