Agenda item

23/02655/FUL Construction of 9 Dwellings

Land off Tring Road, Wilstone

 

Cllr Smith-Wright declared an interest in 5d, as she voted against this at the Parish Council. She confirmed that she will take no part in the discussion or voting.

Cllr Patterson is coming with an open mind to the meeting having declared that he is the Ward Councillor.

The Case Officer, Robert Freeman introduced the report to Members and said that the application had been referred to the Committee given their previous refusal of planning applications for development on this site.

 

It was proposed by Councillor Riddick and seconded by Councillor Durrant to DELEGATED with a view to APPROVAL.

Vote:

 

For:                  Against:                       Abstained:

 

10                    0                                  1

 

Resolved: That planning permission be DELEGATED with a view to APPROVAL.

RECOMMENDATION

 

            That planning permission be DELEGATED with a view to APPROVAL subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 and the following condtions.

 

10.2     That the following Heads of Terms are secured:

 

-       The provision of 4 units (44%) for affordable housing incorporating a single unit as a First Home, an affordable rental unit and two shared ownership properties.

-       The provision of off-site and on site highway works including the provision of a pedestrian crossing and footpath connections between the village and the Grand Union Canal

-       Details of the long term management and maintenance of public open space

-       The provision of a SAMM contribution of some £8,224.92

-       The provision of a SANG contribution of some £38,265.39

 

Condition(s) and Reason(s):

 

 1.        The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

           

            Plans

 

            P220_9-100 (Site Location Plan)

P220_9-101 (Proposed Site Plan)

P220_9-102 (Plot 1 Plans and Elevations)

P220_9-103 (Plots 2 and 8 Plans and Elevations)

P220_9-104 (Plot 3 Plans and Elevations)

P220_9-105 (Plots 4 and 5 Plans and Elevations)

P220_9-106 (Plot 6 and 7 Plans and Elevations)

P220_9-107 (Plot 9 Plans and Elevations)

P220_9-108 (Materials Plan)

P220_9-109 (Parking Plan)

8180891/6101 B – Visibility Splays.

 

Documents

 

            Arboricultural Report (October 2023) by Sylva Consultancy

Flood Risk and Drainage Statement (October 2023) by Glanville

Landscape Management and Maintenance Plan (October 2023) by ACD Environmental

Preliminary Ecological Appraisal (October 2023) by Windrush Ecology Limited

Transport Technical Note (October 2023) by Glanville

 

            Reason:  For the avoidance of doubt and in the interests of proper planning.

 

2.         The development hereby approved, shall be constructed in accordance with the materials specified on drawing P220_9-108

 

            Reason: To ensure a satisfactory appearance to the development in accordance with Policies CS11 and CS12 of the Core Strategy.

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3.         The development hereby approved, shall not be occupied, until the means of access, parking and circulation areas have been provided fully in accordance with drawings P220_9-101 and P220_9-109.

         

Reason: To ensure the provision and retention of adequate access and parking facilities for the site in accordance with Policies CS8 and CS12 of the Core Strategy.

 

4.         The development hereby permitted shall not be occupied until the offsite highway improvement works discharged under planning reference 21/04350/DRC have been completed in accordance with the approved details.

 

Reason: In the interests of highways safety and in accordance with Policies CS8, CS12 and CS26 of the Core Strategy.

 

5.         Prior to the first occupation of the development hereby permitted visibility splays shall be provided in full accordance with the details indicated on drawing number 8180891/6101 B. The splays shall thereafter be retained at all times and be kept free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

 

Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policy 5 of Hertfordshire’s Local Transport Plan (adopted 2018).

 

6.         Prior to the first occupation of the development hereby approved details of both hard and soft landscape works shall have been submitted to and approved in writing by the Local Planning Authority.

 

These details shall include:

 

-       means of enclosure, including the materials and/or hedging plants to be used for any enclosures, together with the location of any hedgehog gates;

-       the provision of suitable controls to ensure that unauthorised access is not gained via the new development to land at the rear thereof,

-       soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs;

-       any exterior lighting works and

-       the siting and design of any bird boxes, bat boxes and other habitat creation.

 

The planting must be carried out within one planting season of completing the development.

 

Any tree or shrub which forms part of the approved landscaping scheme which within a period of 5 years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by a tree or shrub of a similar species, size and maturity.

 

Reason: To ensure the adequate landscaping of the site in accordance with Policies CS12, CS26 and CS29 of the Core Strategy.

 

7.         No further development shall take place until the measures for the protection of trees have been provided in accordance with the Tree Protection Plan within the Arboricultural Report by Sylva Consulting dated October 2023.  All protective measures shall remain in-situ and be free from the storage of construction material, plant and machinery for the duration of the construction period.

 

Reason: To ensure the adequate protection of trees and landscaping features in accordance with Policy CS12 and Saved Policy 99 of the Local Plan 1991-2011.

 

8.         The development hereby approved shall not be occupied until a plan for the management, maintenance and ecological improvement of the public open space and site boundaries has been submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be maintained, and improvements implemented fully in accordance with the approved details.

 

Reason: To ensure the satisfactory management of open space in the interests of visual amenity and biodiversity and in accordance with Policies CS12 and CS26 of the Core Strategy.

 

9.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 1995 (As Amended) or any revisions thereto there shall be no development falling within the following schedules to the specified units without the express planning permission of the local planning authority

 

Schedule 2 Part 1 Class A – All plots

Schedule 2 Part 1 Classes B and C - Plots 1, 8 and 9

Schedule 2 Part 2 Class A – All plots

 

Reason: In the interests of the visual amenity of the area and residential amenity in accordance with Policy CS10, CS11 and CS12 of the Core Strategy.

 

 

INFORMATIVES

 

HERTFORDSHIRE HIGHWAY

 

HCC recommends inclusion of the following highway informative / advisory note (AN) to ensure that any works within the public highway are carried out in accordance with the provisions of the Highway Act 1980:

 

AN) Extent of Highway: Information on obtaining the extent of public highway around the site can be obtained from the HCC website:

 

www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/extent-of-highways.aspx

 

AN) Agreement with Highway Authority: The applicant is advised that in order to comply with this permission it will be necessary for the developer of the site to enter into an agreement with Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and associated road improvements. The construction of such works must be undertaken to the satisfaction and specification of the Highway Authority, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the website

 

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx

 

CONTAMINATION

 

Any contamination, other than that report encountered during the development of this site shall be brought to the attention of the Local Planning Authority as soon as practically possible; a scheme to render this contamination harmless shall be submitted to and agreed by, the Local Planning Authority and subsequently fully implemented prior to the occupation of this site. Works shall be temporarily suspended, unless otherwise agreed in writing during this process because the safe development and secure occupancy of the site lies with the developer.

 

CANALS AND RIVERS TRUST

 

1. The applicant/developer is advised to contact the Works Engineering Team on 0303 040 4040 in order to ensure that any necessary consents are obtained and that the works comply with the Canal & River Trust "Code of Practice for Works affecting the Canal & River Trust ".

 

2. The applicant is advised that any surface water discharge to the waterway will require prior consent from the Canal & River Trust. As the Trust is not a land drainage authority, such discharges are not granted as of right-where they are granted, they will usually be subject to completion of a commercial agreement. Please contact Chris Lee, Utilities surveyor (chris.lee@canalrivertrust.org.uk). For us to monitor effectively our role as a statutory consultee, please send me a copy of the decision notice and the requirements of any planning obligation.