Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Outline application for the erection of 24 dwellings (including 7 affordable dwellings), together with provision of open space with seating, a perimeter path, archaeological information boards, footpath link, landscaped bunds and access to Priors Hill. (All matters reserved except means of access.) (as amended by plan no. 10 A received 1/3/18).

RESOLVED: That planning application 17/04393/RM be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager and the revised conditions below:

 

Condition 11 to read:

 

11. (B) The demolition / development shall take place / commence in accordance with the programme of archaeological works set out in the WSI approved under condition 10.

 

Condition 12 to read:

 

12. (C) This condition shall not be discharged until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the WSI approved under condition 10 and the provision made for analysis and publication where appropriate.

Outline application for the erection of 24 dwellings (including 7 affordable dwellings), together with provision of open space with seating, a perimeter path, archaeological information boards, footpath link, landscaped bunds and access to Priors Hill. (All matters reserved except means of access.) (as amended by plan no. 10 A received 1/3/18).           

 

The Area Planning Officer advised that the description of the application related to the revised scheme.

 

There were two typographical errors in the report as follows:

 

Condition 11 – Page 20 should read:

 

11.     (B) The demolition / development shall take place / commence in accordance with the programme of archaeological works set out in the WSI approved under condition 10.

 

Condition 12 - Page 21 should read:

 

12.     (C) This condition shall not be discharged until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the WSI approved under condition 10 and the provision made for analysis and publication where appropriate.

 

The Area Planning Officer advised that he had received a communication from JPP Land Ltd, the applicant which summarised the proposals, this had been circulated to all Members of the Committee.

 

He had received information from the applicant’s archaeological agent regarding the current archaeological position at the site which stated the following:

 

All archaeological work was signed off by the County Council Archeological Officer, this includes the written scheme and all reports.

 

The County Council Archaeological Office had confirmed in writing to the Local Authority that no further archeological evaluation was required to support the application.

 

Historic England had welcomed the development as mechanisms would ensure the future management and safeguarding of the scheduled monument.

 

The Agent advised that, should the application be consented, development would be preceded with a further full archaeological excavation, which would be published for the benefit of the wider community.

 

The Applicant would approve of a condition to provide public open days and outreach to the local community and schools.

 

The skeleton found on the site was awaiting carbon dating results, due to a long delay due to unprecedented amount of archeological work being carried out by the firm undertaking the carbon dating. However, this had no bearing on the determination of this application.

 

The Area Planning Officer presented a report in respect of planning application 17/04393/RM supported by a visual presentation consisting of plans, drawings and photographs of the site.

 

He reminded Members that this was an outline application with all matters reserved, except for access.

 

Parish Councillor Diane Burleigh thanked the Vice-Chairman for the opportunity to address the Committee in objection to application 17/04393/RM.

 

Parish Councillor Burleigh, representing North Hertfordshire Archeological Society and Pirton Parish Council, informed Members that they were unaware of the applicant’s archeological report, as it had not appeared on the planning portal.

 

The Archeological Society, supported by the Parish Council, was seeking a deferment of this outline planning permission until such time as a sufficient archaeological evaluation of the site was completed as this was in the same field as the monument.

                       

The archeological work to date was insufficient to provide an assessment of the significance of any archaeological remains on the site in a local, regional and national context.

 

It was not appropriate to make a decision without a proper archaeological assessment.

 

The human remains found on the site in 2017 had not been radiocarbon dated, the only dating evidence.

 

JPP Land had had 6 months in which to carry out the radio carbon dating, the human remains being first found in December 2017.

 

The Scheduled area was described as “Anglo Saxon enclosure and probable pre-historic ring ditches”. The dating of the human remains could turn this probable into a definite.

 

There had been no effort made to investigate whether the important Saxon Enclosure site extended into the area proposed for development by investigating the actual boundary to the site at the access point and across the field bank.

 

This meant that it was not possible to place the significance of any finds, including the human remains, in their National context, a requirement of all evaluations, and effectively ruled out the possibility of extending the Scheduled area as an application for scheduling would not be considered post granting if permission.

 

The Archaeological Society had originally applied for the site to be scheduled and thee was now an opportunity to undertake further investigations to see whether the rest of the site should be scheduled.

 

Parish Councillor Burleigh concluded by stating that the people of Pirton were proud of their heritage and without further investigation it was difficult to know what was on the site, therefore the application must be deferred as with the information currently available, the application could not be determined.

 

Members queried why the County Archaeologists were confused about this site as the archaeological experts, in full knowledge of the skeletal remains, had signed this off.

 

Parish Councillor Burleigh informed Members that, if they signed off the application, the result would be that the site could never be Scheduled, even if the most important finds were subsequently made

 

She had no idea why the County Archaeologist had signed this off, she had tried to contact them, but never received a reply.

 

The Archeological Society had asked for the main site to be scheduled and had plenty of information in support of this but did not apply for the development site to be scheduled as not enough wok had been done on the site.

 

This site had been de-scheduled, not because it was not able to be scheduled, but because the wok had not been undertaken to allow it to be scheduled.

 

Failing to date the skeleton and failing to check whether the Anglo-Saxon boundary extended into the development site was understandable from the developer’s side, but there was not enough information to make a decision regarding scheduling.

 

Even the archeologist on site didn’t know why the access was not being investigated.

 

The Vice-Chairman thanked Parish Councillor Burleigh for her presentation.

 

Mr Douglas Bond, Applicant’s Agent, thanked the Vice-Chairman for the opportunity to address the Committee in support of the application 17/04393/RM.

 

Mr Bond informed Members that the application sought to establish the principle for residential development, consisting of 24 dwellings, with a means of access off Priors Hill.

 

Applications were to be determined in accordance with the development plan.

 

The development plan comprised the North Herts Local Plan, but also the more recent Pirton Neighbourhood Plan.

 

The Planning Act confirmed that the most recent development plans superseded any earlier one where there is a conflict.

 

The made neighbourhood plan confirmed the application site was now within the defined built up area of Pirton and in development plan terms the principle of residential development on this site was acceptable. This was a weighty material consideration in support of the application.

 

The proposal was also below the 30 unit size threshold in the neighbourhood plan policy PNP1, further reinforcing the appropriateness of this application.

 

The application had been subject to public consultation, including meetings with the Parish Council, where issues and ideas were discussed and exchanged.

 

This applicant had been extremely transparent regarding archaeology with 3 phases of archaeological evaluation. These followed pre and post application engagement with Historic England and the County Council Archaeologist and were consistent with policy and best practice.

 

The archaeological investigations were comprehensive and more intensive than those carried out for the Scheduled Ancient Monument.

 

They had all been signed off by the County Council archaeologist, who had not asked for any further work to be carried out, despite comments from local interest groups. The archaeologist had had the reports for a number of months and had plenty of time before coming to his conclusions.

 

The investigations had not revealed any archaeological interest likely to affect the principle of development on the site. Moreover, there were conditions (nos 10.11 and 12), accepted by the applicant, requiring a full archaeological dig of the entire sire, including the areas highlighted by the previous speaker, with a full record and full publication of these findings. This would occur before any development occurred on the site.

 

The extent of the pre-determination work had been extensive, on a site that Historic England confirmed was not of sufficient value to be a Scheduled Ancient Monument and this was why Historic England and the County Council raised no objections. With a full dig condition in place, the issues raised by the objector had been addressed and was consistent with national policy, development policy and best practice.

 

It was important to recognise that the proposed residential development lay beyond the Scheduled Ancient Monument and Historic England had confirmed that the proposals for new public open space on the Monument would sustain, manage and enhance this important heritage asset.

 

Furthermore, the new public space would further reveal the Scheduled Ancient Monument and be one of the largest open areas in the village, close to the centre. These open spaces could only be seen as positive benefit arising from the scheme.

 

Additional benefits included the provision of 24 dwellings, at a time when the Council could not demonstrate a five-year land supply. This included the provision of 8 affordable houses, which were of a size and tenure that met the housing officer’s requirements, as well as emerging Local Plan policy HS2.

 

The proposed development was well related to and framed against existing built development, which was of a lower density than the immediate surrounding area.

 

Mr Bond concluded by stating that, overall, the proposal had many significant benefits, was compliant with relevant development plan policy and a Section 106 agreement was in place such that permission can be granted.

 

Members asked for clarification that the archaeology carried out was more intensive than that carried out on the Scheduled Ancient Monument.

 

Mr Bond advised that the archaeologist had the Archaeology Plan and extensive trenching was undertaken. They had gone beyond what was required of them and had gone above and beyond to make sure there were no significant finds. This was at the heart of what was requested by the County Archaeologist in response to comments of local people.

 

The Vice-Chairman thanked Mr Bond for his presentation.

 

The Area Planning Officer advised that he had spoken to the County Archaeologist and, in his view, there were no grounds to defer this item.

 

Members asked for clarification as to whether, if this application were granted permission, the site could subsequently be scheduled or not.

 

The Area Planning Officer advised that this site had previously been scheduled and that, if permission were granted, this would prevent further scheduling.

 

Members asked whether the previous scheduling had been removed due to lack of information. They queried what would happen if archaeological finds were made at a later date and whether the site had been scanned with ground penetrating radar.

 

The Area Planning Officer confirmed that a site with planning permission would not then be scheduled. If finds were made, that had to remain in situ, if necessary the siting of the development could be adjusted to accommodate them under the reserved matters.

 

Members commented that Historic England should look particularly at sites next to scheduled sites and expressed concern that, in this case, all archaeological bases had not been covered. They queried what would happen if significant finds were made below the proposed access.

 

The Area Planning Office advised that the views of the archaeological advisor should be considered and they had consulted and received conditions. The County archeologist was satisfied that there were ways to either go around finds or put in mitigation measures to take account of finds.

 

Members sought clarification regarding the what would be reserved matters if this outline permission were granted.

 

The Area Planning Officer advised that all matters of scale appearance, siting and landscaping would be the subject of a future application. The detail being considered at this meeting was the access.

 

Upon being moved, seconded, and put to the vote, it was

 

RESOLVED: That planning application 17/04393/RM be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager and the revised conditions below:

 

Condition 11 to read:

 

11. (B) The demolition / development shall take place / commence in accordance with the programme of archaeological works set out in the WSI approved under condition 10.

 

Condition 12 to read:

 

12. (C) This condition shall not be discharged until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the WSI approved under condition 10 and the provision made for analysis and publication where appropriate.