Agenda item

Demolition of existing building and erection of retail food store, (Use Class E(a)), with associated access, parking and amenities.

Recommendation: That subject to the completion of a Section 106 Agreement in respect of a monitoring and evaluation fee of £6k covering a 5 year period relating to the travel plan and a contribution of £16.8k towards highway/cycleway/sustainable transport improvements, that permission be delegated to the Head of Regulatory Services to GRANT PLANNING PERMISSION subject to conditions.

The application was for the demolition of an existing building and the erection of retail food store (Use Class E(a)), with associated access, parking and amenities.

Councillor Philip Hearn left the Chamber.

The Officer provided an update. Members who sat on the November Planning Committee were aware that this application was deferred. At the February Planning Committee Members resolved to defer the application to enable a site visit with the applicant’s transport consultant. This site visit occurred on Tuesday 5th March 2024 at 17:00, during the PM peak.

The summary of reasons for deferral and the actions which had occurred since were listed in the report.

Councillor Matthew Bedford commented that despite the highway reports and the assurance from the applicant, there were still severe misgivings about the access and right turn into the and out of the site, crossing the north bound A41, which was a very busy road. Councillor Mathew Bedford proposed a minor amendment that if the planning condition could ensure that delivery vehicles delivering to the site should only do so by turning left and also exit by turning left.

The Committee were addressed by Parish Councillor Jon Tankard, who shared the concerns and agreed with the amendment proposed. This would work but he was still very sceptical, but at least it would not cause hold ups coming off the roundabout. The Parish Council had concerns about the working of the access arrangements, but this would at the very least prevent lorries crossing the A41 road.

After a lengthy discussion, that included the following points:

·        Clarification was requested from Members that no highway objections had been raised even though there were major concerns. It was confirmed that no objections had been received from Hertfordshire County Council.

·        The Council had commissioned its own independent highways survey, on the Committees request and only minor recommendations had been raised and these had all been taken on board.

·        The road safety audit had gone through twice at stage one and further stages would include a further road safety audit and some post construction monitoring.

·        The Planning Officer confirmed that it was a reasonable amendment to add about only turning left when entering and exiting the site (for delivery vehicles).

·        It was suggested that the proposed amendment be added to the Construction Management Plan as well as the Delivery Management Plan.

·        Could the HCC Stage 4 post construction road safety audit be extended to more than 12 months data collection. It was explained that stage 4 was rarely utilised and when it was, it was within 12 months. This would form part of the S278 legal agreement so it would be difficult to impose different elements to this. Officers would in any event have discussion with the HCC Officers.

Councillor Drury proposed to accept the Officers recommendation, to approve the application, subject to amendments to Condition C3 (Construction Management Plan) and Condition 21 (Delivery Management Plan) to ensure that during construction and post occupation that:

A)    large/heavy goods vehicles can only enter the site by turning left from A41.

B)    large/heavy goods vehicles can only leave the site by turning left onto the A41.

Officers would speak with HCC regarding Road Safety Audit as part of Section 278 Agreement.

This was seconded by Councillor Debbie Morris.

A vote was taken and 2 voted For the motion and 5 Abstained from voting.

RESOLVED: That subject to the completion of a Section 106 Agreement in respect of a monitoring and evaluation fee of £6k covering a 5-year period relating to the travel plan and a contribution of £16.8k towards highway/cycleway/sustainable transport improvements and subject to conditions including amendments to Condition C3 (Construction Management Plan) and Condition 21 (Delivery Management Plan) to ensure that during construction and post occupation that:

A)    large/heavy goods vehicles can only enter the site by turning left from A41.

B)    large/heavy goods vehicles can only leave the site by turning left onto the A41.

That permission be delegated to the Head of Regulatory Services to GRANT PLANNING PERMISSION.

Officers to speak with HCC regarding Road Safety Audit as part of Section 278 Agreement.