Agenda item

Demolition of the existing dwelling and associated outbuilding and construction of five two storey detached dwellings with associated accommodation in the roof space served by dormer windows and rooflights; Juliet balconies and heat pumps with associated access including works to verges, parking and landscaping works including raised terraces.

Recommendation: That subject to the completion of a Section 106 Agreement securing an off-site affordable housing financial contribution and an off-site biodiversity net gain financial contribution that the application be delegated to the Head of Regulatory Services to grant planning permission subject to conditions as set out at section 8 below.

The application was for the construction of five two storey detached dwellings with accommodation in the roof space served by dormer windows and rooflights with associated access including works to verges, parking and landscaping works including raised terraces following the demolition of the existing building and associated outbuilding.

The application had ben called in by three members of the Committee who had cited concerns relating to over development and highway safety.

The Committee was informed that additional pre-commencement conditions were recommended to protect and mitigate the impact on the adjacent railway line and these would be in line with the comments received by Network Rail. These conditions would require prior agreement with the applicant in the event of an approval and covered trespass proof fencing, erection of scaffolding, drainage close to the railway boundary and a risk assessment and method statement.

Condition 11 regarding materials would be amended to include reference to the submission of double glazed or triple-glazed windows and details pertaining to the means of controlling over-heating to ensure the minimum sound reduction requirements are met as set out within Table 7 at 5.3 of the Noise & Vibration Impact Assessment.  The reason for the condition would also be amended to reference noise mitigation and refer to Policy DM9.

In light of the addition of pre-commencement conditions, the recommendation to grant which was currently delegated to the Head of Regulatory Services would need to also refer to seeking prior agreement from the applicant.

In response to a query as to why the value of the Section106 (S106) contributions associated with the proposed development had reduced so dramatically following the completion of the viability assessment it was clarified that a number of factors including land values, construction costs and the scale of a development were taken into account during a viability assessment.  It was stressed that the assessment had been completed by an independent organisation; furthermore, as a general rule developments of less than ten units were exempt from S106 contributions and the Council was only able to leverage S106 contributions on this development due to the existence of a historic Council policy.

Concerns about access to the site and the lack of footpath at that part of Toms Lane were noted.  It was confirmed that Hertfordshire County Council in their capacity as the Highways Authority had no objections to the development on highways grounds.  Remodelling of the site entrance, including the removal of trees and vegetation on the  boundary with the road, would take place as part of the redevelopment and this would be secured with a Section 278 Agreement.

It was noted that under the National Planning Policy Framework (NPPF) limited infilling within village boundaries was considered to be an allowable exception to restrictions on developments within the Green Belt.  The proposed development was located within the village boundary, in a relatively built up area and would not be visible from the road; as such it would not impede on the openness of the Green Belt.  Consequently the development was considered to present an exception from Green Belt policies.

The Officer recommendation to approve the application, subject to the conditions set out in the report and the update provided at the meeting, was recommended by Councillor Steve Drury, seconded by Councillor Matthew Bedford, put to the vote and carried.

The voting in favour of the recommendations was as follows For 7, Against 4, Abstain 0.

RESOLVED that Planning Application 23/0761/FUL be approved.