Agenda item - 25/02234/S73 LAND BETWEEN ROYSTON ROAD AND CAMBRIDGE ROAD, BARKWAY, HERTFORDSHIRE

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Variation of wording to Condition 3 and Condition 20 of planning permission 18/01502/OP granted on 25.07.2023.

RESOLVED: That application 25/02234/S73 be GRANTED planning permission subject to the conditions set out in the report of the Development and Conservation Manager, amended as follows:

a) The completion of a satisfactory Deed of Variation or other legal mechanism that secures the S106 obligations agreed as part of the Outline Application (18/01502/OP) and the applicant agreeing to extend the statutory period to complete it, if required.

b) Delegation of power to the Development and Conservation Manager to:

(i) Resolve any outstanding matters,

(ii) Update conditions and informatives with minor amendments as required and,

(iii) Authorise the completion of other legal mechanism if not completed through a satisfactory Deed of Variation.

Audio recording – 2 hours 50 minutes 40 seconds

The Senior Planning Officer provided a verbal update on matters relating to Application 25/02234/S73 and advised that:

· The applicant had agreed to the pre commencement conditions.

· An amendment had been made to point a) to include legal mechanism wording.

· The additional condition 4 had been agreed by the Applicant.

· No objections had been received from the Highways Authority or from the Lead Local Flood Authority (LFFA).

The Senior Planning Officer then presented the report in respect of Application 25/02234/S73 accompanied by a visual presentation consisting of plans and photographs.

The following Members asked questions:

· Councillor Louise Peace

· Councillor Claire Strong

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

· The original condition 3 was restrictive and had therefore been amended to be in accordance with the details which formed the basis of the application.

· A Masterplan Compliance Statement would be submitted for condition 4 which would provide explanation of how it would accord with the masterplan and that any variation would require justification.

· The original masterplan was predated from 2018.

In response to questions, the Local Planning Lawyer advised that:

· The original section 106 agreement did not include a Section 73 clause.

· It was critical to ensure that any amended condition was dealing with the legal mechanism to protect the original Section 106 agreements.

The Chair invited the Applicant’s Representatives, Mr Andrew Hodgson and Ms Alice Kirkham to speak in support of the application. Mr Hodgson and Ms Kirkham thanked the Chair for the opportunity and provided the Committee with a verbal presentation, and highlighted the following:

· Mr Hodgson was a representative from Redrow homes.

· This Section 73 (S73) application followed the withdrawal of the previous S73 application.

· No changes were being made to the original plans.

· The new condition 4 was being imposed to comply with the masterplan document.

· Condition 20, from the 2018 agreement, related to surface water and a more appropriate solution had been prepared and agreed.

· Amendments in this application were to address the original restrictive wording of condition 3.

· The changes only related to the conditions amended and were not part of the scheme.

There were no points of clarification from Members.

Councillor Nigel Mason, as Chair, proposed to grant permission and this was seconded by Councillor Dave Winstanley and, following a vote, it was: