Agenda item

Variation of Condition 11 (Off Site Highway Improvement) of planning permission 20/1881/FUL to allow phased delivery of the off site highways works.

Recommendation: That condition 11 (Off Site Highway Improvement) be VARIED and that PLANNING PERMISSION IS GRANTED.

Application 23/1798/FUL - Variation of Condition 11 (Off-Site Highway Improvement) of planning permission 20/1881/FUL to allow phased delivery of the off-site highways works at Land North Of Little Green Lane, Killingdown Farm, Little Green Lane, Croxley Green, Hertfordshire.

Claire Westwood, Development Management Team Leader reported that there was an update on the application; email communication was received today from Croxley Green Parish Council to apologise for not being able to attend the meeting tonight, due to clashing meetings, and advised that Croxley Green Parish Council would like to re-affirm the comments submitted to TRDC, and would have made representation if possible.

The Officer explained the background of the application; when the application 20/1881/FUL was initially considered, Hertfordshire County Council Highways Authority requested a number of conditions, included Condition 11 (C11). Whilst the application was refused, it wasn’t refused on highways grounds, at the appeal, as standard practice for the local authority to submit suggested conditions to the inspector. Those conditions submitted included recommended conditions from consultees; such as C11, that was attached by the inspector on the decision when the appeal was allowed. The current application seeks to vary C11 to allow a maximum of 25 dwellings to be occupied, prior to the completion of the highways works. The Highways Authority have reviewed the application and considered that it is acceptable.

A District Councillor spoke against the application on behalf of the residents, outlining their concerns regarding any of the dwellings being occupied before the full S278 works are completed. The Councillor requested if the Committee could consider 5% of the dwellings to be occupied; which would be 8 dwellings, instead of 25 dwellings.

The Officer explained that when the application was initially submitted; the Applicant asked for 50 dwellings to be allowed to be occupied, and the Highways Authority raised no objection to that. The Applicant subsequently requested the number of dwellings to be occupied to be reduced to 25, which was also approved by the Highways Authority.

Members raised concerns around the safety of people walking on site with lorries driving past, and the possibility of more near misses and accidents.

The Officer responded by pointing out that there is a separate construction access to the south of the site, therefore, lorries will not be using the access to the north of the site which will be potentially serving the dwellings to be occupied.

The Officer recommendation that Condition 11 (Off Site Highway Improvement) be varied with an amendment to allow only 8 dwellings to be occupied instead of 25 dwellings, and to grant planning permission, subject to the conditions set out in the report, was moved by Councillor Sara Bedford, seconded by Councillor Chris Lloyd, put to the vote and carried.

The voting in respect of the recommendation was: For 7, Against 0, Abstain 2.

RESOLVED:

That Condition 11 (Off Site Highway Improvement) be VARIED, with the following amendment; to allow only 8 dwellings to be occupied instead of 25 dwellings and that PLANNING PERMISSION IS GRANTED.

C11     Off Site Highway Improvements Notwithstanding the details indicated on the submitted drawings, prior to the occupation of the 9th dwelling, a detailed scheme for the necessary permanent offsite highway improvement works as indicated on Drawing No. 1908-012 PL06 G shall be submitted to and approved in writing by the Local Planning Authority. These works shall include: (i) A 2 metre wide footway (or the maximum achievable width) on the east side of the carriageway along Little Green Lane from the junction with The Green running north to the main site access junction; (ii) Any widening of the carriageway along Little Green Lane to increase the width of the carriageway to at least 4.8 metres; (iii) Details of any necessary street lighting along Little Green Lane; (iv) Details of works to create the main vehicular access into the site (‘northern access’) / alterations to the existing route along Little Green Lane, which would also include the dedication of additional land as highway (pursuant to a Section 38 highways agreement); (v) New bellmouth entrance to the ‘southern access’ to the proposed cul-de-sac including tactile paving and pedestrian dropped kerbs on either side; (vi) Any alterations required to the existing entrances into Killingdown Farm including tactile paving and pedestrian dropped kerbs; (vii) Any necessary highway works required at the junction of Little Green Lane and The Green including a new kerbed edge of carriageway line on the west side and tactile paving on both sides; the kerb line may requiring widening as there is evidence that vehicles oversail the highway verge at this location; (viii) Details of a pedestrian crossing point with pedestrian dropped kerbs and tactile paving from the proposed footway on the east side of Little Green Lane to the common land. The offsite highway improvement works above shall be completed in accordance with the approved details prior to the occupation of the 9th dwelling hereby permitted.

Reason: To ensure construction of a satisfactory development and that the highway improvement works are designed to an appropriate standard in the interest of highway safety and amenity and in accordance with Policy CP10 of the Core Strategy (adopted October 2011).