Agenda item

Variation of Conditions 2, 4, 10, 19 and 32 pursuant to planning permission 22/0491/FUL [The provision of new sound stages, workshops, production and post-production offices, Studio support facilities (including new welfare and café building) and new roundabout to provide vehicular access to the Studios and Island Site; the construction of decked car parking and a pedestrian footbridge (Island Site); the use of land to the west of the Studios for film production and associated activities (Backlot 2); ecological improvements to existing field (Lower Field) together with site-wide landscape and necessary utilities and infrastructure works, bund construction, and ground re-profiling] to vary the approved plans and drawings (condition 2); to vary the triggers for the timing of the delivery of highway improvements (conditions 4, 10 and 32) and to amend the wording of condition 19 (noise).

Recommendation: The application be referred to the Secretary of State for the Department for Levelling Up, Housing and Communities in accordance with the Town and Country Planning (Consultation) (England) Direction 2024.

Provided the Secretary of State does not call in the application for their own determination, the APPLICATION BE DELEGATED TO THE HEAD OF REGULATORY SERVICES TO VARY CONDITIONS 2, 4, 10, 19 AND 32 AND GRANT PLANNING PERMISSION 23/1897/FUL.

Claire Westwood, Team Leader advised that there was no update on this application, instead the Officer provided a brief overview.

Members will recall that planning application 22/0491/FUL was approved in February 2023 following a Committee resolution to grant planning permission in December 2022.  The current application (23/1897/FUL) seeks minor material amendments to the approved scheme by varying the approved plans set out in condition 2 of 22/0491/FUL, these minor amendments are set out at 3.15.3 of the committee report; by varying the triggers for the delivery of conditions 4, 10 and 32; as well as a minor amendment to condition 19.

Conditions 4 (vehicular access completion), 10 (Highway Improvements – Local Cycle Network) and 32 (Decked Car Park Provision) are highways conditions that are proposed to be varied to expedite the delivery of 4 off the 11 Sound Stages previously approved (22,558sqm). Hertfordshire Highways have been consulted and their comments are included in full in the committee report, however, in summary they raise no objection to the proposed variation.

Condition 19 which is also proposed to be varied relates to Noise.  The EHO has reviewed the suggested amended wording and raises no objection as they consider that the condition will ensure that nearby residential properties are not subjected to excessive noise and disturbance.

Application 22/0491/FUL was approved subject to a number of pre-commencement conditions. The applicant has sought to provide some of that information upfront with this current application to “discharge” a number of conditions (see 3.15.28) and this is discussed in full in the report and the relevant conditions are updated where appropriate.

In relation application 22/0491/FUL it was concluded that the significant economic and social benefits, collectively combined to constitute material considerations of sufficient weight to provide ‘very special circumstances’ that clearly outweighed the identified harm to enable planning permission to be granted subject to conditions and a S106 Legal Agreement.  These conclusions are considered to remain relevant to the current S73 Application. 

The S106 completed for 22/0491/FUL included a clause which secures that all of the planning obligations secured will automatically bind any new planning permission issued pursuant to Section 73.  Therefore, as there are no new planning obligations, a Deed of Variation to the S106 Agreement is not required in this case.

The applicant, Mr. Bisoni, spoke in support of the application.

In response to a question raised regarding the wording of the recommendation of this application, the Officer advised that the recommendation is a standard wording, and it was not influenced by Members in any way, and it also reflects the wording of the application 22/0491/FUL, when that came to committee previously. The Officer further advised that the issue of the referral to the Secretary of State for the Department is set out under 7.21 of the report, and proceeded to read out the paragraph to the committee for clarification.

Councillor Steve Drury moved, seconded by Councillor Stephen King that the application be referred to the Secretary of State for the Department for Levelling Up, Housing and Communities in accordance with the Town and Country Planning (Consultation) (England) Direction 2024.

On being put to the Committee the motion was declared CARRIED by the Chair the voting being 7 For, 0 Against and 4 Abstention.

RESOLVED:

That the application be referred to the Secretary of State for the Department for Levelling Up, Housing and Communities in accordance with the Town and Country Planning (Consultation) (England) Direction 2024.

Provided the Secretary of State does not call in the application for their own determination, the APPLICATION BE DELEGATED TO THE HEAD OF REGULATORY SERVICES TO VARY CONDITIONS 2, 4, 10, 19 AND 32 AND GRANT PLANNING PERMISSION 23/1897/FUL.