Agenda item

Construction of warehouse units (Use Classes E(g)(iii), B2 and B8) including access and servicing arrangements, car parking, landscaping and associated works at Maple Cross House, Denham Way and Kier Offices off Maple Lodge Close, Maple Cross.

Recommendation: that following the completion of a S106 agreement to secure financial contributions toward biodiversity monitoring, travel plan monitoring and sustainable transport improvements, planning permission be granted subject to conditions.

The application was for construction of warehouse units (Use Classes E(g)(iii), B2 and B8) including access and servicing arrangements, car parking, landscaping and associated works at Maple Cross House, Denham Way and Kier Offices off Maple Lodge Close, Maple Cross.

The application had been deferred at the meeting held on 19 June 2025, in order for officers to seek further information in relation to noise impacts, noise mitigations, building orientation and on-site car parking management.  These were addressed in the updated report.

The Planning Officer provided updates as follows:

·        Further information had been received from the applicant in relation to the acoustic fence, confirming that it would have a maximum height of 5.3m.  The applicant had provided a note from their acoustic consultant setting out that the reduction in height would have a negligible impact on noise levels compared with those which had been presented with the assumption of a 6m high acoustic barrier.  The information had been reviewed by the Environmental Health Officer who maintained their view that, with the proposed mitigations secured by condition, the proposal would not have an unacceptable impact.

·        As a result of the new information provided by the applicant in relation to the acoustic fence, a number of amendments were required to several conditions.  New drawings had been provided confirming the reduced height of the acoustic fence: Conditions 2, 21 and 26 would therefore require updating to ensure they related to the latest versions.  Similarly Condition 13 would require updating to reference the latest version of the landscaping drawing.  Condition 29 would need to be updated to remove the reference to a 6m fence.  The title of Condition 36 required updating to reflect that it applied to all of the units (not just 5 & 6) and the definition of an HGV vehicle would be added within the condition.  Condition 37 required updating to reflect the revision of the lighting drawing as a result of the reduction in height of the acoustic barrier.

Councillor Raj Khiroya spoke on the application.

County Councillor Paula Hiscocks spoke on the application.

Committee Members asked questions about the detail of the application which were responded to by officers.  The Committee’s discussions included the following:

·         Committee Members remained concerned about the impact of noise on nearby residents and considered that in addition to further restrictions on delivery and collection hours, there should be no collection or deliveries at all on Christmas Day, Boxing Day, New Years Day, Good Friday, Easter Sunday or Easter Monday.

·         A Committee Member questioned whether the Construction Management Plan could include a requirement for the construction to have no impact on road congestion.  Officers responded that as there was already an access to the site and so construction vehicles would not be blocking the road, and as the vehicle numbers would not be sufficient as to have a severe impact on the highway, the officer view was that such a condition could not be considered reasonable.  Should the construction require any work on the highway, then authorisation would be needed from Herts Highways and this was not within the scope of the application.

·         Whilst noting that the proposal met the parking standard, a Committee Member expressed concern about the parking provision and the risk of overspill parking on either Denham Way or Franklins.  Officers responded that parking within the site would be controlled by way of the car parking management plan; however, parking outside the side could not be controlled by planning conditions.

·         Condition 22 required an operational noise management plan to be submitted and approved, and condition 23 required details of external plant/equipment to be submitted to ensure that it could operate without adverse impact on the amenity of neighbouring occupiers.  The operational noise management plan would address matters such as the use of roller doors, which had the potential to cause noise disturbance.

·         Committee Members remained concerned about the proposed hours of use, and considered that these should be further reduced to require deliveries and collections to end at 10pm (rather than 11pm) on weekdays and Saturdays and 9pm on Sundays.

Councillor Drury moved, and Councillor Gazzard seconded, that following the completion of a S106 agreement to secure financial contributions towards biodiversity monitoring, travel plan monitoring and sustainable transport improvements, planning permission be granted subject to conditions and updated conditions as verbally reported and noted above, and further amendment to Condition 36 to restrict deliveries and collections to not take place:

-        To/from Units 1 – 4, by HGV, other than between 07:00 and 22:00 on Weekdays, between 08:00 and 22:00 on Saturdays, and between 09:00 and 21:00 on Sundays, Bank and Public Holidays.

-        To/from Units 5 and 6 other than between 07:00 and 22:00 on Weekdays, between 08:00 and 22:00 on Saturdays, and between 09:00 and 21:00 on Sundays, Bank and Public Holidays.

-        Whatsoever on Christmas Day, Boxing Day, New Year's Day, Good Friday, Easter Sunday, Easter Monday.

On being put to the vote this was carried, the voting being 6 in favour, 2 against, 3 abstentions.

RESOLVED: that following the completion of a S106 agreement to secure financial contributions towards biodiversity monitoring, travel plan monitoring and sustainable transport improvements, planning permission be granted subject to conditions and updated conditions as verbally reported and noted above, and further amendment to Condition 36 to restrict deliveries and collections to not take place:

-        To/from Units 1 – 4, by HGV, other than between 07:00 and 22:00 on Weekdays, between 08:00 and 22:00 on Saturdays, and between 09:00 and 21:00 on Sundays, Bank and Public Holidays.

-        To/from Units 5 and 6 other than between 07:00 and 22:00 on Weekdays, between 08:00 and 22:00 on Saturdays, and between 09:00 and 21:00 on Sundays, Bank and Public Holidays.

-        Whatsoever on Christmas Day, Boxing Day, New Year's Day, Good Friday, Easter Sunday, Easter Monday.