Agenda item

To consider an application for approval of reserved matters (layout, landscaping, scale, and appearance) for residential development of 243 units comprising Phase 1 Parcels A-C and commercial unit (Use Class E) pursuant to Outline permission 17/00862/OPM

 

It was RESOLVED that the application 23/00526/RMM be GRANTED planning permission subject to the conditions and reasons set out in the report.

 

The Committee considered an application for the approval of reserved matters (layout, landscaping, scale, and appearance) for residential development of 243 units comprising Phase 1 Parcels A-C and commercial unit (Use Class E) pursuant to Outline permission 17/00862/OPM.

 

The Principal Planning Officer gave an introduction to the Committee.  She reminded Members that the outline application to establish the principle of development at the site, with all matters reserved except for the means of access was approved in September 2022 with the S106 Agreement being signed at the same time. 

 

The current application, reference 23/00526/RMM, proposed changes to the approved scheme which included –

·         Revised design of the local centre blocks 1 and 4, including a new public plaza and decking area overlooking the open space to the west;

·         Revised car parking layout within the local centre:

·         Minor highway changes to local centre road;

·         Inclusion of changes approved under reference 23/00310/NMA;

·         Inclusion of changes approved under reference 23/00431/NMA.

The Principal Planning Officer advised that the main issues for consideration now were the visual impact of the development on the character and appearance of the area, impact of the development on the conservation area, impact on neighbouring amenities, impact upon future amenities of residents, parking provision, highway implications, development and flood risk, impact on the environment, trees and landscaping and ecology.

 

The Committee was informed that all consultees on the original application had no further comments on the amended application which entailed changes to the design of the local centre.

 

Officers advised that the proposals for Phases 1A-C for the revised design of blocks 1 and 4 in the local centre, which included the provision of a plaza amenity space, commercial uses and residential flats, and also dwellings and apartments, and secondary and tertiary road network in phases 1A-B were considered to be acceptable on balance and the local centre design changes were considered to further enhance the scheme.

  Members noted that in addition to the proposed changes, the scheme continued to extend the highway network with the further spur roads, shared surfaces and private driveways.  Foot and cycle way connections were also shown to link up with the green links and main throughfares proposed as part of the infrastructure plans.

In relation to the impact on the heritage assets, St Nicholas and Rectory Lane Conservation Area, and nearby listed buildings, Officers did not consider them to be affected further than assessed under approval 22/00810/RMM.  Due regard had been given to Section 66 of the Listed Building Act 1990 in terms of considering whether to grant planning permission for development which affected the setting of the conservation area and listed buildings. Officers were of the opinion that it had been demonstrated that the development would cause, at the lower end of the scale, less than substantial harm to the setting of the conservation area and to a lesser degree the settings of the listed buildings.

Members were advised that the proposals would see allocated housing on site in a well-designed and contextual manner.  The proposals would also provide an improved design and layout for the local centre with a public plaza area, commercial space and facilities for future residents laid out in a more user-friendly manner.

The proposed level of useable and accessible green open space would be enhanced by the landscaping scheme for the residential parcels and the addition of swift and bat boxes within all three parcels.

Officers therefore concluded that the benefits the development would bring as a whole would be substantial.  The proposals were considered to meet the requirements of the relevant local plan policies, and more broadly in terms of design and quality.  The proposed changes to the local centre design were considered to significantly elevate the visual appearance of this hub within the development, creating a contemporary and well laid out local amenity.

In terms of the amenity of future residents, the proposals met all the required standards as set out in national and local policy in respect of living space standards and external amenity space.  With regards to the impact of the development on the amenity of existing residents, it could be demonstrated that the development would not have a detrimental impact on the residential properties along Granby Road, and surrounding spur road and cul-de-sac estates in terms of privacy and outlook.  It was acknowledged that there would be disruption due to the nature of the site being a development site with vehicles being used and likely levels of noise and dust occurring.  However, Officers reassured that these would be controlled through the agreement of a Construction Management Plan.

The proposal would provide an acceptable level of car parking, slightly over the required provision, and would include residential and commercial/retail parking, visitor spaces, disabled spaces, EVCP and cycle storage.

Members asked a number of questions and Officers gave the following responses:

 

·         In relation to the grounding of the high voltage cables, although this element did not form part of this application it was advised that there were 2 grounding towers on the development which would be established in a secure enclosure;

·         The grounding towers themselves were dealt with through separate legislation via the Electricity Act;

·         Whilst concerns around design were noted by officers, it was considered that design was subjective and that officers felt that the design of the local centre was a vast improvement to what was previously agreed by the Council;

·         No consultants had been engaged to measure radiation levels on the development.  UK Power Networks were fully involved however;

·         In relation to the Public Rights of Way, these would be fully reinstated and upgraded satisfactorily to the Council’s and HCC’s required standards.  There were no Rights of Way that impacted on any properties or driveways;

·         The main roads through the development would be adopted but it was unlikely the smaller further roads would be adopted;

·         Any unadopted roads were likely to be overseen by a management company with costs covered via a service charge on properties.  This would be a matter flagged as part of any sales process on the houses when being purchased;

·         The buildings within the commercial centre would include flats/apartments and would be fully affordable;

·         Any matters relating to the Council tax charged on a property could not be considered by the Committee.  Any matters relating to taxation rates on properties would be a matter for the Taxation Office;

·         In relation to Bio-diversity net gain, this was initially covered by the outline permission, with on-site provision being proposed in the Country Park and larger green spaces.  This would be considered in more detail when the application for the Country Park came forward to the Committee at a future meeting;

·         There was a slight over-provision in the allocation of car parking spaces  across the site;

·         The two access points into the site and the impact on traffic had been fully considered and agreed with Herts County Council as the Highways Authority at outline stage.

 

It was RESOLVED:

 

That outline planning permission be GRANTED subject to the following :-

The imposition of the following suitable conditions, with authority given to the Assistant Director of Planning and Regulation in consultation with the Chair of the Planning and Development Committee, to amend or add to the suggested draft conditions set out in this report, prior to the decision notice being issued, where such amendments or additions would be legally sound and most effectively deliver the development that the Planning and Development Committee has resolved to approve.

 

1          The development hereby permitted shall be carried out in accordance with the following approved plans: BM1-OC-RMA-1A-1B-DR-C-5117 - R03; BM1-OC-RMA-1A-1B-DR-C-5116 - R03; BM1-OC-RMA-1A-1B-DR-C-5115 - R04; BM1-OC-RMA-1C-DR-C-5205-R04; BM1-OC-RMA-1A-1B-DR-C-5112 - R05; BM1-OC-RMA-1A-1B-DR-C-5113 - R04; BM1-OC-RMA-1A-1B-DR-C-5114 - R04; BM1-OC-RMA-1C-DR-C-5201-R04; BM1-OC-RMA-1A-1B-DR-C-5100 - R04; BM1-OC-RMA-1A-1B-DR-C-5101 - R03; BM1-OC-RMA-1A-1B-DR-C-5102 - R03; BM1-OC-RMA-1A-1B-DR-C-5103 - R05; BM1-OC-RMA-1A-1B-DR-C-5105 -R05; BM1-OC-RMA-1A-1B-DR-C-5104 - R04; BM1-NPA-V1-1a-D2-L-5210-A-C06; BM1-NPA-V1-OS-DR-L-7513-Rev C02; BM1-NPA-V1-1a-DR-L-5215-A-C05; BM1-NPA-V1-1a-DR-L-5216-A-C03; BM1-NPA-V1-1a-DR-L-5217-A-C05; BM1-NPA-V1-1b-DR-L-5220-A-C02; BM1-NPA-V1-ZZ-DR-L-5203-A-C03; BM1-NPA-V1-ZZ-DR-L-5202-A-C03; BM1-NPA-V1-ZZ-DR-L-5201-A-C04; BM1-NPA-V1-ZZ-DR-L-5200-A-C04; BM1-NPA-V1-OS-DR-L-7514-A-C01; BM1-NPA-V1-OS-DR-L-7511-A-C01; BM1-NPA-V1-OS-DR-L-7510-A-C01; BM1-NPA-V1-OS-DR-L-7405-A-C01; BM1-NPA-V1-1c-DR-L-5207-A-C04; BM1-NPA-V1-1c-DR-L-5206-A-C04; BM1-NPA-V1-1c-DR-L-5205-A-C04; BM1-NPA-V1-1b-DR-L-5224-A-C03; BM1-NPA-V1-1b-DR-L-5223-A-C03; BM1-NPA-V1-1b-DR-L-5221-A-C03; BM1-NPA-V1-1abc-DR-Y-3200-A-C02; 9313-KC-InF-Y; SNP-RMA-ZZ-00-DR-A-0160_P4; SNP-RMA-ZZ-00-DR-A-0153_P4; SNP-RMA-ZZ-00-DR-A-0152_P4; SNP-RMA-ZZ-00-DR-A-0151_P4; SNP-RMA-ZZ-00-DR-A-0150_P4; SNP-RMA-ZZ-ZZ-DR-A-0261_P2; SNP-RMA-ZZ-ZZ-DR-A-0260_P3; SNP-RMA-ZZ-ZZ-DR-A-0251_P3; SNP-RMA-ZZ-ZZ-DR-A-0250_P2; SNP-RMA-ZZ-ZZ-DR-A-0201_P1; SNP-RMA-ZZ-ZZ-DR-A-0200_P2; SNP-RMA-ZZ-04-DR-A-0103_P9; SNP-RMA-ZZ-02-DR-A-0102_P9; SNP-RMA-ZZ-02-DR-A-0101_P1; SNP-RMA-ZZ-00-DR-A-0163_P4; SNP-RMA-ZZ-00-DR-A-0162_P4; SNP-RMA-ZZ-00-DR-A-0161_P4; P1708.TH.103; P1708.TH.104; P1708.TH.105; P1708.TH.106; P1708.WB.101; P1708.WB.102; P1708.WB.103; P1708.WB.104; P1708_BMSA_01-L; P1708.SS.101 - Rev H; P1708.SS.102 - Rev E; P1708.SS.103 - Rev C; P1708.SS.104 - Rev B; P1708.SS.105 - Rev C; P1708.SUB.102; P1708.TH.101 - Rev A; P1708.TH.102 - Rev B; P1708.PS.102 - Rev A; P1708.PS.106; P1708.PS.103; P1708.PS.104 - Rev A; P1708.PS.105; P1708.RE.101_A; P1708.RE.102_A; P1708.RE.103; P1708.RE.104; P1708.RE1.101; P1708.RE1.102; P1708.SA.101 - Rev A; P1708.SA.102; P1708.SC.101; P1708.SC.102; P1708.SC.103; P1708.SC.104; P1708.SRL.0006-C; P1708.PH.106; P1708.PH.107-A; P1708.PH.108; P1708.PhaseP.02-A; P1708.PS.101; P1708.LO.102; P1708.LO.101 - Rev A; P1708.LO.103; P1708.LA.102; P1708.LA.101; P1708.HU.104; P1708.HU.103; P1708.HU.102 - Rev A; P1708.HU.101; P1708.PH.105; P1708.PG.104 - Rev A; P1708.PG.103 - Rev A; P1708.M4A.102; P1708.M4A.101; P1708.M4.104; P1708.M4.103; P1708.M4.102 - Rev A; P1708.M4.101; P1708.M3.102; P1708.M3.101; P1708.M2A.101; P1708.M2.103; P1708.M2.102 - Rev A; P1708.M2.101; P1708.GAR.101; P1708.GAR.102; P1708.GAR.103; P1708.GAR.104; P1708.GAR.105; P1708.GAR.106; P1708.GAR.107; P1708.GAR.108; P1708.GR.101; P1708.GR.102; P1708.HP.101-A; P1708.HP.102; P1708.HP.105; P1708.HP.103; P1708.HA.101 - Rev A; P1708.HA.102; P1708.HA.105; P1708.CO.103; P1708.CO.102; P1708.CO.101 - Rev A; P1708.CH.102; P1708.CH.101; P1708.CA.105 - Rev B; P1708.CA.103 - Rev A; P1708.CA.102 - Rev C; P1708.CA.101 - Rev B; P1708.BR.102 - Rev C; P1708.BR.101 - Rev B; P1708.BM.104; P1708.BM.103; P1708.BM.102; P1708.BM.101; P1708.BLK7.108; P1708.BLK7.107; P1708.BLK7.106; P1708.BLK7.105; P1708.BLK7.104; P1708.BLK7.103; P1708.BLK7.102; P1708.BLK7.101; P1708.BLK6.108 - Rev A; P1708.BLK6.107 - Rev A; P1708.BLK6.106 - Rev A; P1708.BLK6.105 - Rev A; P1708.BLK6.104; P1708.BLK5.108 - Rev A; P1708.BLK6.103 - Rev A; P1708.BLK6.102 - Rev A; P1708.BLK6.101 - Rev A; P1708.BLK5.107 - Rev A; P1708.BLK5.106 - Rev A.; P1708.BLK5.105 - Rev A.; P1708.BLK5.104; P1708.BLK5.103 - Rev A; P1708.BLK5.102 - Rev A; P1708.BLK5.101 - Rev A; P1708.BLK3.108_A; P1708.BLK3.107_A; P1708.BLK3.106_A; P1708.BLK3.105_A; P1708.BLK3.104; P1708.BLK3.103; P1708.BLK3.102; P1708.BLK3.101; P1708.BLK2.108_A; P1708.BLK2.107_A; P1708.BLK2.106_A; P1708.BLK2.105_A; P1708.BLK2.104; P1708.BLK2.103; P1708.BLK2.102; P1708.BLK2.101; P1708.01-ZB; P1708.02-N; P1708.12-T P1708.13-Q P1708.14-U P1708.15-S P1708.16-R P1708.17-S P1708.18-B; P1708.BIN.102; P1708.BIN.101; P1708.BC.105; P1708.BC.104; P1708.BC.103; P1708.BC.102; P1708.B4.102 - Rev A; P1708.B4.101; P1708.B3B.102; P1708.B3B.101; P1708.B3A.102; P1708.B3A.101; P1708.B2A.102; P1708.AN1.101 - Rev B; P1708.B2A.101; P1708.B2.102; P1708.B2.101; P1708.AN1.101 - Rev A; BM1-OC-RMA-1A-1B-DR-C-5109 - R04; BM1-OC-RMA-1A-1B-DR-C-5110 - R03; BM1-OC-RMA-1A-1B-DR-C-5111 - R03; BM1-OC-RMA-1C-DR-C-5204-R04; BM1-OC-RMA-1E-DR-C-5401 - R06; BM1-OC-RMA-1A-1B-DR-C-5108 - R04; BM1-OC-RMA-1A-1B-DR-C-5107 - R04; BM1-OC-RMA-1A-1B-DR-C-5106 - R05; BM1-OC-RMA-1C-DR-C-5203-R04; BM1-OC-RMA-1E-DR-C-5400 - R06; BM1-OC-RMA-1C-DR-C-5200-R07; BM1-OC-RMA-1C-DR-C-5202-R04; SNP-RMA-ZZ-00-DR-A-0100 P13; P1708.MA.103A; P1708.MA.104A; P1708.MA.105A; P1708.MA.106A

 

2          The development hereby permitted shall be carried out in accordance with the soft and hard landscaping details submitted, unless otherwise approved in writing by the Local Planning Authority. 

           

 3         All planting, seeding and turfing comprised in the approved landscaping details as agreed under condition 2 of this approval shall be carried out for each phase of the development hereby consented in the first planting and seeding seasons following the first occupation of the development hereby permitted or, the completion of the approved development whichever is the sooner.

           

 4         All hard surfacing comprised in the approved landscaping details as specified in condition 2 of this approval shall be carried out for each phase of the development hereby consented prior to first occupation of the development hereby permitted or, the completion of the approved development, whichever is the sooner.

           

 5         Any trees or plants comprised within the scheme of landscaping, which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

           

 6         No tree shown on the approved landscaping scheme, shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped within five years of the completion of development without the written approval of the Local Planning Authority.

           

 7         The development shall be carried out in accordance with the details approved under discharge of condition reference 23/00667/COND pertaining to bat and swift boxes, unless otherwise agreed in writing by the Local Planning Authority. The boxes shall be installed/integrated on the building/dwelling elevations as identified on Drawing number BM1-NPA-V1-1ABC-DR-Y-3200-A-C02 prior to occupation of the respective dwellings on which they are installed/integrated.

           

 8         Prior to the first occupation/use of the buildings/dwellings and development hereby permitted, the approved refuse/recycle stores and bin collection points for that building/dwelling/area shall be constructed in accordance with the details submitted with this planning application and shall be permanently retained in that form unless otherwise approved in writing by the Local Planning Authority.

           

 9         Prior to the first occupation/use of the buildings/dwellings and development hereby permitted the approved cycle parking stores for that building/dwelling shall be constructed in accordance with the details submitted with this planning application and shall be permanently retained in that form unless otherwise agreed in writing with the local planning authority.

           

10        Prior to first occupation/use of Block 1 and/or 4 within phase 1C, with any non-residential use, where there is a need for external plant and machinery/kitchen extraction equipment (excluding equipment required under fire safety regulations) details shall be submitted to and agreed in writing by the local planning authority. The development shall thereafter be implemented in accordance with the approved details.

           

11        Notwithstanding the provisions of Classes A, B and C of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revising, revoking or re-enactive that Order with or without modification) no internal or external alterations shall take place to any garage, which would preclude its use for housing motor vehicles and/or bicycles, no loft conversions including dormer windows / roof extensions, or roof lights and openings shall be constructed on the dwellinghouse(s) hereby permitted unless permission is granted on an application made to the Local Planning Authority.

           

12        Prior to the first occupation of the non-residential units of Phase C hereby permitted (retail, leisure, office, commercial), details of the hours of operation of the non-residential units hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The non-residential units shall thereafter be occupied solely with the approved details.

           

13        Prior to relevant works in each respective phase or sub-phase of development, details of any external lighting to be installed, including but not limited to, street lighting, car park lighting and any proposed lighting (Non-advertisement) on Blocks 1 and 4 in Phase 1C hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The approved external lighting shall be provided before that phase of development is occupied.

           

14        Before any above-ground work is commenced on any individual phase or sub-phase of the development hereby permitted, samples of all external finishing materials shall be submitted to and approved in writing by the Local Planning Authority. This shall include:

            i.          Facing and roof materials;

            ii.         Juliette balcony and/or dormer window treatment;

            iii.        Window material details;

            iv.        External rainwater goods where permitted.

            The development shall be carried out in accordance with the approved details and shall thereafter be retained.

           

15        Prior to the first occupation or use of Phase 1C of the development hereby permitted, the proposed access, onsite car and cycle parking, servicing / loading, unloading / turning /waiting area(s) for the relevant phase(s) shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan(s) and retained thereafter available for that specific use, unless otherwise agreed in writing by the local planning authority.

           

16        The temporary sales areas for Bellway Homes and Miller Homes Ltd as identified on Drawing numbers P1708.TH.109, P1708.TH.110, P1708.BMSA.01.L, BM1-OC-RMA-1E-DR-C-5400-R06, BM1-NPA-V1-1a-D2-L-5210-A-C05, and BM1-NPA-V1-1a-D2-L-5210-A-C06  shall be removed and the relevant areas completed to the satisfaction of the approved plans for these areas by such time as the dwellings noted as sales homes/visitor homes are to be occupied or the sales areas are no longer required, whichever is the soonest, unless otherwise agreed in writing by the local planning authority.

           

17        The play areas approved for the development shall be provided within each respective phase in accordance with the Phasing plan P1708.PhaseP.02-A hereby approved, unless otherwise agreed in writing by the local planning authority.

           

INFORMATIVES

 

1          Hertfordshire Highways

 

AN1) Storage of materials: The applicant is advised that the storage of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority before construction works commence. Further information is available via the website

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads-and-pavements.aspx or by telephoning 0300 1234047.

 

AN2) Obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence. Further information is available via the website

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads-and-pavements.aspx telephoning 0300 1234047.

 

AN3) Road Deposits: It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available via the website

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads and-pavements.aspx or by telephoning 0300 1234047.

 

AN4) Avoidance of surface water discharge onto the highway: The applicant is advised that the Highway Authority has powers under section 163 of the Highways Act 1980, to take appropriate steps where deemed necessary (serving notice to the occupier of premises adjoining a highway) to prevent water from the roof or other part of the premises falling upon persons using the highway, or to prevent so far as is reasonably practicable, surface water from the premises flowing on to, or over the footway of the highway.

 

AN5) Construction standards for works within the highway. 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.aspxor by telephoning 0300 1234047.

 

AN6) Roads to remain private: The applicant is advised that the new roads marked on the submitted plan (BM1-OC-RMA-XX-DR-C-2025 Rev 06) associated with this development will remain unadopted (and shall not be maintained at public expense by the highway authority). At the entrance of the new estate the road name plate should indicate that it is a private road and the developer should put in place permanent arrangements for long-term maintenance.

 

AN7) The Public Rights of Way(s) should remain unobstructed by vehicles, machinery, materials, tools and any other aspects of the construction during works. Safe passage past the site should be maintained at all times for the public using this route. The condition of the route should not deteriorate as a result of these works. Any adverse effects to the surface from traffic, machinery or materials (especially overspills of cement or concrete) should be made good by the applicant to the satisfaction of the Highway Authority. No materials shall be stored or left on the highway including highway verges. If the above conditions cannot reasonably be achieved, then a Temporary Traffic Regulation Order (TTRO) would be required to close the affected route and divert users for any periods necessary to allow works to proceed, for which a fee would be payable to Hertfordshire County Council. Further information is available via the County Council website at https://www.hertfordshire.gov.uk/services/recycling-waste-and-environment/countryside-access/rights-of-way.aspx or by contacting Rights of Way, Hertfordshire County Council on 0300 123 4047.

 

AN8) Abnormal loads and importation of construction equipment (i.e. large loads with: a width greater than 2.9m; rigid length of more than 18.65 sqm or weight of 44,000kg – company applicable cranes, piling machines etc.): The applicant is directed to ensure that operators confirm to the provisions of The Road Vehicles (Authorisation of Special Tyres)(General) Order 2003 in ensuring that the Highways Authority is provided with notice of such movements, and that appropriate indemnity is offered to the Highway Authority. Further information is available via the Government website www.gov.uk/government/publications/abnormal-load-movements-application-and-notfication-forms or by telephoning 0300 123 4047.

 

2          Thames Water

 

With regards to surface water drainage, Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water, we would have no objection. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required.