Agenda item

The officer introduced the report which recommended that planning permission be granted, subject to conditions, as amended by the late observations. It was explained the application was for reserved matters following the granting of Outline planning permission at appeal. There was a legal dispute over ownership on the site however the Committee was advised it could proceed to determine the application. A layout was shown and the officer commented a high quality level of public open space was provided.

 

There were no technical questions.

 

Cllr Alan Hill spoke in objection to the application and requested determination be deferred.

 

The planning offer confirmed permission granted at appeal did not link the outline permission for housing in a planning or legal agreement with the full permission for the Dementia care facility and so permission could be granted separately by the Committee for the housing.

 

The local member, Cllr Christine Crisp, spoke in objection to the development without the Dementia Care facility and expressed disappointment in the behaviour of the developer and the consequences of the decision made at appeal.

 

In the debate that followed the Committee expressed frustration that the Dementia care facility was not part of the plans but did not agree on planning reasons for refusal.

 

Resolved:

 

To grant planning permission subject to the following conditions:

 

1.    The development hereby permitted shall be begun before the expiration of three 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 the Planning and Compulsory Purchase Act 2004.

 

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

ESD0806 - Free Standing Wall Detail

ESD0900 - Post and Rail Detail

ESD0906 - Close Board Fence Detail

ESD0922 - Ball Top Railing Details

Received 29 August 2014

SS001 rev B - Street Scenes

SS002 rev B - Street Scenes

APT_01 rev A - Apartments Plan 01

APT_02 rev A - Apartments Plan 02

APT_03 rev A - Apartments Elevation

BR001 - Bat Roost

Parking Schedule

Received 19 November 2014

House Type Booklet (C) [unless otherwise superseded]

EF_LETC_S.1.0 rev C - Letchworth (Plan)

EF_LETC_S.1.0 rev A - Letchworth V1 (stone)

Received 6 January 2015

SL001 rev M - Site Layout

EP001 rev D - Enclosures Plan

MP001 rev E - Materials Plan

SH001 rev D - Adoption Plan

AP001 rev D - Storey Heights Plan

SL002 rev E - Slab Level Plan

TP001 rev C - Vehicle Tracking Plan

TF001 rev B - Indicative Surface Finishes Plan

394-P-04 rev C - Drainage Strategy

394-P-07 rev C - Bus Vehicle Tracking

394-P-06 rev A - Visibility (Planning)

Received 21 January 2015

RED19412-11 rev I - Landscape Proposals 11 (1of6)

RED19412-11 rev I - Landscape Proposals 11 (2of6)

RED19412-11 rev I - Landscape Proposals 11 (3of6)

RED19412-11 rev I - Landscape Proposals 11 (4of6)

RED19412-11 rev I - Landscape Proposals 11 (5of6)

RED19412-11 rev I - Landscape Proposals 11 (6of6)

RED19412-13 rev F - Landscape Proposals 13 (1of2)

RED19412-13 rev F - Landscape Proposals 13 (2of2)

RED19412-14 rev E - Landscape Proposals 14 (1of2)

RED19412-14 rev E - Landscape Proposals 14 (2of2)

RED19412-15 rev F - Landscape Proposals 15 (1of6)

RED19412-15 rev F - Landscape Proposals 15 (2of6)

RED19412-15 rev F - Landscape Proposals 15 (3of6)

RED19412-15 rev F - Landscape Proposals 15 (4of6)

RED19412-15 rev F - Landscape Proposals 15 (5of6)

RED19412-15 rev F - Landscape Proposals 15 (6of6)

RED19412-16 rev B - Landscape Proposals 16

RED19412-spec rev A - Landscape Specification

BX01 5500 Removable Bollard Specification

Received 30 January 2015

 

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

 

3.    No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

4.    No dwelling hereby approved shall be first occupied until the allocated parking area shown on the approved plans (titled 'Site Layout' numbered RHSW.5375.02.SL001 revision L and Parking schedule B) has been consolidated, surfaced and laid out in accordance with the approved details. This area shall be maintained and remain available for this use at all times thereafter.

 

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

5.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), the garages hereby permitted shall not be converted to habitable accommodation.

 

REASON: To secure the retention of adequate parking provision, in the interests of

highway safety.

 

6.    The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

 

REASON: To ensure that the development is served by an adequate means of access.

 

7.    No development shall commence on site until details of traffic calming features to be formed on the access road have been submitted to, and approved in writing by, the Local Planning Authority (indicative locations on drawing 'Site Layout' numbered RHSW.5375.02.SL001 revision L). No part of the development shall be occupied or first brought into use until the traffic calming features have been provided in accordance with the approved details. The traffic calming features shall be kept clear of obstruction and available at all times thereafter.

 

REASON: To enable vehicles to pass/stand clear of the highway in the interests of

highway safety.

 

8.    No development shall commence on site until details of the footway / (Hogging path) connecting to the bridge to the location of the diverted Public Footpath (CALW 20) have been submitted to, and approved in writing by, the Local Planning Authority. The construction of the footway shall be constructed in accordance with a programme to be agreed with the Local Planning Authority. The footway shall be provided in accordance with the approved details and programme. The footway shall be kept clear of obstructions at all times thereafter.

 

REASON: To provide pedestrian and cycle access to local facilities.

 

9.    No development shall commence on site until details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. The development shall not be first occupied until the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

 

REASON: To ensure that the roads are laid out and constructed in a satisfactory manner.

 

10.  The allotment car parking shall be secured by gates. The gates shall open inwards and away from the highway only. The gates shall be locked at all times and only accessible by authorised members related to the allotment (titled 'Site Layout' numbered RHSW.5375.02.SL001 revision M).

 

REASON: In the interests of highway safety and to prevent abuse by unauthorised car

parking.

 

11.  No part of the allotment hereby approved shall be first brought into use until the allotment parking area shown on the approved plans (ten car parking spaces) has been consolidated, surfaced and laid out in accordance with the approved details (titled 'Site Layout' numbered RHSW.5375.02.SL001 revision L). This area shall be maintained and remain available for this use at all times thereafter.

 

REASON: To ensure that adequate provision is made for parking within the site in the

interests of highway safety.

 

12.  No more than 94 dwellings shall be occupied until the controlled access link on The Rise has been completed in accordance with drawing ref 394-P-05 rev A (‘Restricted Access – Planning, received 22 January 2015). Prior to the opening of the controlled access link onto The Rise a full package of construction details shall be submitted and approved in writing by the Local Planning Authority. The removable bollard shall be secured in situ and only removed only to allow access by vehicles as authorised under a Prohibition of Driving Traffic Order under the Highways Act, after which time it shall be immediately replaced in situ. This arrangement shall be maintained as such thereafter in perpetuity, unless otherwise warranted by the extension of bus routes through the site and agreed in writing by the Local Planning Authority.

 

REASON: To ensure the access between the site and The Rise is not used by vehicles to the detriment of residential amenity.”

 

 

13.  No development shall commence on site until a scheme of phasing of landscaping has been approved in writing by the Local Planning Authority. The landscaping shall be carried out in the first planting and seeding season following occupation of the buildings or the completion of the development, whichever is the sooner within that particular phase; any trees or plants which within a period of five years, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development.

 

14.  The mitigation measures detailed in the approved Landscape, Ecological and Arboricultural Management and Monitoring Plan (EAD Ecological Consultants, December 2014) shall be carried out in full prior to the first occupation of the development or in accordance with the approved timetable detailed in the Ecological Assessment.

 

REASON: To mitigate against the loss of existing biodiversity and nature habitats. POLICY: National Planning Policy Framework paragraph 118.

 

15.  No development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an arboricultural consultant providing comprehensive details of construction works in relation to trees has been submitted to, and approved in writing by, the Local Planning Authority. In particular, the method statement must provide the following:

a) A specification for protective fencing to trees during both demolition and construction phases which complies with BS5837:2013 and a plan indicating the alignment of the protective fencing;

b) A specification for scaffolding and ground protection within tree protection zones in accordance with British Standard 5837: 2013;

c) A schedule of tree works conforming to British Standard 3998: 2010;

d) Details of general arboricultural matters such as the area for storage of materials, concrete mixing and use of fires;

e) Plans and particulars showing the siting of the service and piping infrastructure;

f) A full specification for the construction of any arboriculturally sensitive structures and sections through them, including the installation of boundary treatment works and the method of construction of access including details of any no-dig specification;

g) Details of the works requiring arboricultural supervision to be carried out by the developer's arboricultural consultant, including details of the frequency of supervisory visits and procedure for notifying the Local Planning Authority of the findings of the supervisory visits; and

h) Details of all other activities, which have implications for trees on or adjacent to the site.

All works shall subsequently be carried out in strict accordance with the approved details.

 

REASON: In the interests of protecting important trees on site.”

 

16.  INFORMATIVE TO APPLICANT:

As part of the Section 38 Agreement (Highways Act), the council will require the following legal orders:

- Prohibition of Driving Traffic Order at the emergency access.

- A scheme of waiting restrictions in order that a bus can negotiate the site without parked vehicles obstructing access.

- A traffic order for a 20mph Zone.

 

17.  INFORMATIVE TO APPLICANT:

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

18.  INFORMATIVE TO APPLICANT:

The applicant is requested to note that this permission does not affect any private

property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence. If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

19.  INFORMATIVE TO APPLICANT:

Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

 

20.  INFORMATIVE: As part of the Section 38 Agreement under terms of the Highways Act, the council will require a Prohibition of Driving Traffic Order at the controlled access onto the Rise.