Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER     

Outline planning application for the erection of up to 42 residential dwellings, including affordable housing, public open space, landscape planting, sustainable drainage system and new access arrangements from The Close (all matters reserved except means of access) (as amended by plans and information submitted 8th April 2024 and 13th August 2024).

RESOLVED: That application 23/02895/OP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager with the removal of Condition 13, the amendments to Conditions 11,12 and 14 as set out in the supplementary document and the relevant renumbering of existing conditions.

 

“Condition 11:

 

Landscape and Ecological Management Plan (LEMP)

 

‘Prior to commencement of the development, a Landscape and Ecological Management Plan shall be prepared, detailing how biodiversity will be incorporate within the development scheme and managed/monitored long-term. This should include details regarding who will have the management responsibilities. The plan shall include details of the landscaping proposed to achieve measurable gains to biodiversity, as well as a graphical plan which sets out the number, type and position of ecological enhancement features to be incorporated into the design scheme. This plan shall be submitted to the Local Planning Authority for written approval to demonstrate the expectations of the NPPF and Local Policy in achieving overall measurable net gains for biodiversity. The development shall be carried out in accordance with the approved plan unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: To ensure sensible working practices which protect ecology on and adjacent to this site, in accordance with Policy NE4: Biodiversity and Geological Sites.

 

Condition 12

 

Construction Environment Management Plan (CEMP)

 

No development shall take place until a Construction Environmental Management Plan (CEMP) for biodiversity has been submitted to and approved in writing by the local planning authority. The CEMP shall include the following:

 

a)    Risk assessment of potentially damaging construction activities.

 

b)    Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). This must include:

 

i.                Best practice measures to ensure the protection of retained vegetation during construction;

ii.              Best practice measures to ensure any invasive species listed on Schedule 9 of the Wildlife and Countryside Act 1981 encountered within the site will be removed and disposed of as controlled waste;

iii.             A precautionary working method for hedgehogs.

 

c)     The location and timings of sensitive works to avoid harm to nesting birds.

 

d)    Details of a translocation programme for slow-worms.

 

The CEMP should include a statement to the effect that if any protected species are encountered during any stage of the development, then works must cease immediately and advice be sought from a suitably qualified ecologist on how best to proceed. Development shall proceed in accordance with the approved CEMP, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure sensible working practices which protect ecology on and adjacent to this site, in accordance with Policy NE4: Biodiversity and Geological Sites.

 

Condition 13:

 

Lighting Strategy

 

No development shall take place until an external lighting scheme has been submitted to and approved in writing by the Local Planning Authority. This scheme should follow guidance from the Bat Conservation Trust and Institution of Lighting Professionals (2023), and be designed to minimise light spill, in particular directing light away from boundary vegetation to ensure that dark corridors remain for use by wildlife as well as directing lighting away from potential roost / nesting sites. This should be accompanied by a short statement from a suitably qualified ecologist showing how the design meets the level of protection required.

 

Reason: To ensure protected species are not disturbed by the development in accordance with National Legislation (Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019, Wildlife and Countryside Act 1981 (as amended)) and Local Planning Policy NE4 – Biodiversity and geological sites.”

Audio recording – 1 hour 21 minutes 26 seconds

 

The Senior Planning Officer provided an update regarding the supplementary documents published on the 21 November 2024.

 

The Senior Planning Officer presented the report in respect of Application 23/02895/OP supported by a visual presentation consisting of photographs and plans.

 

The following Members asked questions:

 

·       Councillor Ruth Brown

·       Councillor Ian Mantle

·       Councillor Amy Allen

·       Councillor Tom Tyson

 

In response to questions, the Senior Planning Officer advised that:

 

·       There was no specialist cycling route into the site.

·       There was no other access onto the site however there was a public right of way across the site.

·       The strip of green outside the boundary was for illustration purposes and not material, it may be part of the footpath.

·       The applicant had submitted illustrated plans for the site, these were merely to show that the development met in principle the criteria and polices required for allocated site CD3.

 

In response to questions, the Development and Conservation Manager advised that:

 

·       This application was for 42 dwellings, the original Local Plan allocation for this site was for 48 dwellings. Should outline planning be granted the applicant could only build up to 42 dwellings.

·       It was likely that the illustrated layout would be indicative of the final plans, mainly due to the topography of the site.

·       This application included vehicular access on to the site as this was not reserved for later approval.

·       There were various public rights of way proposed within the site, including one that linked to the top northeast corner of the site.

 

The Chair invited Dan Stokes to speak against the application. Mr Stokes thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

 

·       There were 32 objections to this application.

·       There was insufficient infrastructure surrounding this application.

·       Hertfordshire County Councils Right of Way Officers had conditioned that there should be no footpath diversions during this development.

·       There had already been more houses built in Codicote than its original housing allocation in the Local Plan.

·       The Highways team changed their objection and claimed that the extra 33 daily trips to the site would not cause any extra harm, this was concerning.

·       Recently ambulances had been unable to gain access to the area and this would only be made worse by congestion from construction and then the new homes.

·       There were concerns regarding parking spaces which were already limited and any proposed priority lanes.

·       The proposed bungalows would have sight into existing properties, additional high level planting would be required.

·       There would be impacts on resident insurance premiums and the development would cause loss of light to existing properties.

 

The Chair thanked Mr Stokes for his presentation and invited Councillor Ralph Muncer to speak against the application. Councillor Muncer thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

 

·       The Local Plan had allocated 400 homes to Codicote but had not put in adequate infrastructure. The High Street along with smaller road were already showing the strain of congestion.

·       The access to this site was through a residential road and any construction would impact on the residents.

·       During winter months residents struggled to access the smaller roads, this would be even harder for construction vehicles.

·       The site was already a flood risk, this would be more significant after any development.

·       Should the application be granted then ground water run off should be addressed prior to the construction of any homes.

·       It was concerning that there was no funding for a GP surgery.

·       Any conditions placed on the development should be properly enforced.

 

The Chair thanked Councillor Muncer for his presentation and invited Lynsey Rigg as Agent to the Applicant to speak in support of the application. Ms Rigg thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

 

·       There had been no technical objections to this application.

·       The development had been reduced to 42 dwellings after careful consideration and discussions with Officers and the Parish Council.

·       There had been discussions with the Parish Council regarding their concerns.

·       There would be contributions to a new play area and to the upgrade of the scout hut and Memorial Hall.

·       The development comprised a robust housing mix including 2 and 3 bedroom affordable homes, full details would be confirmed at the reserve matters stage.

·       The application was supported by all the statutory bodies and complied to the Local Plan policies.

·       The dwellings would be height restricted to no more than two stories and would also compromise of bungalows in the south west section of the site

·       Important landscape features would be retained including a category A oak tree.

·       There would be a 12 meter buffer between the old and new homes.

·       There would be no harm to any local heritage sites.

·       Contributions would be made to an upgrade of the play area in Valley Road.

·       There would be section 106 mitigation for infrastructure.

 

In response to a question from Councillor Amy Allen, Ms Rigg confirmed that there was a footpath and not a bridleway through the site, investigations to upgrade this could be made with the Rights of Way team.

 

The Chair thank Ms Rigg for her presentation.

 

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

 

·       There was a Construction Traffic Management Condition which included a Construction Management Plan to mitigate any impact on residents.

·       Highways deemed the one access point as acceptable subject to Condition 4.

·       When consulted the NHS responded that no contributions were required.

·       The footpath would be 2 meters wide as agreed by Highways.

 

In response to points raised, the Development and Conservation Manager advised that:

 

·       This was an allocated housing site in the Local Plan.

·       Condition 4 was required prior to commencement of any building work.

·       The Enforcement team had been made aware of issues at nearby sites.

 

Councillor Ruth Brown considered whether another pedestrian access point could be added at the reserved matters stage.

 

Councillor Ian Mantle proposed to grant the application and Councillor Amy Allen seconded and, following a vote, it was:

 

RESOLVED: That application 23/02895/OP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager with the removal of Condition 13, the amendments to Conditions 11,12 and 14 as set out in the supplementary document and the relevant renumbering of existing conditions.

 

“Condition 11:

 

Landscape and Ecological Management Plan (LEMP)

 

‘Prior to commencement of the development, a Landscape and Ecological Management Plan shall be prepared, detailing how biodiversity will be incorporate within the development scheme and managed/monitored long-term. This should include details regarding who will have the management responsibilities. The plan shall include details of the landscaping proposed to achieve measurable gains to biodiversity, as well as a graphical plan which sets out the number, type and position of ecological enhancement features to be incorporated into the design scheme. This plan shall be submitted to the Local Planning Authority for written approval to demonstrate the expectations of the NPPF and Local Policy in achieving overall measurable net gains for biodiversity. The development shall be carried out in accordance with the approved plan unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: To ensure sensible working practices which protect ecology on and adjacent to this site, in accordance with Policy NE4: Biodiversity and Geological Sites.

 

Condition 12

 

Construction Environment Management Plan (CEMP)

 

No development shall take place until a Construction Environmental Management Plan (CEMP) for biodiversity has been submitted to and approved in writing by the local planning authority. The CEMP shall include the following:

 

a)    Risk assessment of potentially damaging construction activities.

 

b)    Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). This must include:

 

i.                Best practice measures to ensure the protection of retained vegetation during construction;

ii.              Best practice measures to ensure any invasive species listed on Schedule 9 of the Wildlife and Countryside Act 1981 encountered within the site will be removed and disposed of as controlled waste;

iii.             A precautionary working method for hedgehogs.

 

c)     The location and timings of sensitive works to avoid harm to nesting birds.

 

d)    Details of a translocation programme for slow-worms.

 

The CEMP should include a statement to the effect that if any protected species are encountered during any stage of the development, then works must cease immediately and advice be sought from a suitably qualified ecologist on how best to proceed. Development shall proceed in accordance with the approved CEMP, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure sensible working practices which protect ecology on and adjacent to this site, in accordance with Policy NE4: Biodiversity and Geological Sites.

 

Condition 13:

 

Lighting Strategy

 

No development shall take place until an external lighting scheme has been submitted to and approved in writing by the Local Planning Authority. This scheme should follow guidance from the Bat Conservation Trust and Institution of Lighting Professionals (2023), and be designed to minimise light spill, in particular directing light away from boundary vegetation to ensure that dark corridors remain for use by wildlife as well as directing lighting away from potential roost / nesting sites. This should be accompanied by a short statement from a suitably qualified ecologist showing how the design meets the level of protection required.

 

Reason: To ensure protected species are not disturbed by the development in accordance with National Legislation (Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019, Wildlife and Countryside Act 1981 (as amended)) and Local Planning Policy NE4 – Biodiversity and geological sites.”

 

N.B. Following the conclusion of this item, there was a break in proceedings and the meeting reconvened at 21:48.