Agenda item

Construction of 192 no of dwellings (Use Class C3), public open space, landscaping, new vehicular access and pedestrian accesses and associated infrastructure at Land at Woodside Road, Woodside Road, Abbots Langley.

 

Recommendation: to delegate to the Head of Regulatory Services and following completion of a S106 Agreement (securing the Heads of Term set out at 7.20 including affordable housing provision, contributions to highways improvement and monitoring of the travel plan, contributions to infrastructure including education and waste infrastructure and a monitoring fee in relation to BNG) that planning permission is granted subject to conditions.

The application was for construction of 192 no of dwellings (Use Class C3), public open space, landscaping, new vehicular access and pedestrian accesses and associated infrastructure at Land at Woodside Road, Woodside Road, Abbots Langley.

 

The Planning Officer reported that with regard to managing the bridleway/footpaths which would cross the site during the construction works, Herts Highways had suggested that a further point was added to condition 3 for the Construction management plan to include the following:

 

‘provisions for protecting the safe use of public rights of way though the site and/or any mitigation required’.

 

In addition, Herts Highways had suggested a further informative reminding that the public rights of way should remain unobstructed and that safe passage should be maintained across the site. If safe passage cannot be reasonably achieved, then a Temporary Traffic Regulation Order (TTRO) would be required to close the affected route for any periods necessary.  Officers noted that the TTRO would be a matter for County Council.

 

The Planning Officer also reported that comments had been received from Hertfordshire County Council’s Rights of Way Officer, who had suggested that a contribution of £172,425,000 be sought for surface improvements to Footpath 34 (Abbots Langley) from Jacketts Field to Footpath 64 leading to the junction at Woodside Road as this links the village to the local secondary school and amenities. In addition, the contribution would allow for surfacing improvements to footpath 60 (Abbots Langley) to the north of the site.

 

In response, officers had regard to the Regulation 22 tests which set out that planning obligations must be necessary, directly related to the development and fairly and reasonably related in scale and kind to the development. Officers did not consider the contributions above would meet these tests. Footpath 34 is located away from the application site and its resurfacing is not necessary to make the development acceptable. In addition, Footpath 60 is a rural pathway and its resurfacing would not be required to make the development acceptable.

 

The application includes other improvements to improve access as well as a £1.3million pound contribution to HCC towards enhanced local pedestrian/cycle crossings alongside active travel schemes in the vicinity of the area that help connect to key local facilities and transport hubs.

 

The Rights of Way Officer had also commented that the definitive line of Footpath 61 would be accommodated away from the private estate carriageways/footways within the landscaped area.  This would reduce the risk of conflict between non-motorized path users and private motorized traffic on the estate carriageway. 

 

The Rights of Way Officer had also advised that there was no recorded definitive link between Footpath 61 and Bridleway 80 Abbots Langley. However, the site layout plan indicated a link between the two by the war memorial. The Rights of Way service requires that this short length of path is dedicated as a definitive right of way.  Officers considered that a condition could be attached requiring that this is dedicated prior to occupation of the development.

 

The Rights of Way Officer had also noted that upgrading Footpath 61 to a definitive bridleway would move towards achieving the aims of active travel. Whilst these comments are acknowledged, it was not considered necessary to require the upgrading of footpath 61 to a bridleway.  There is an existing bridleway which already runs through the site and provides a safe means of access on to High Elms Lane and Fraser Crescent. In addition, it was not considered that as currently indicated footpath 61 would meet the standard width for a bridleway. 

 

The Planning Officer also provided the following updates in relation to the report:

 

·       Paragraph 7.1.2 set out that officers are of the view that the site is Grey Belt as it does not strongly contribute to purposes (a), (b) or (c). However, this paragraph should state that the site does not strongly contribute to purposes (a), (b) or (d).

 

·       Paragraph 7.6.5 of the officer report refers to a first-floor bay flank window on Plot 12 facing Orchard Cottage. Whilst there is an ensuite bathroom window, this is not a bay window, and the window is flush with the flank wall. However, given the relationship, a condition is suggested requiring this window to be obscure glazed’.

 

·       Condition 33 secures details of play equipment, in addition to details of its management and maintenance. Officers note that the second part of the condition does not specifically refer to the ‘play on the way’ equipment and therefore would suggest that, for the avoidance of any doubt, the condition is updated to require details of future management and maintenance of the ‘play on the way’ equipment to be provided to the LPA.

 

·       Paragraph 7.5.10 of the officer report suggests that a Conservation Management Plan in relation to the management and conservation of the retained Pill Box both during construction and after the completion of the development is required. Therefore, a further condition should be added requiring a Conservation Management Plan to be submitted.

 

Parish Councillor Jon Tankard of Abbots Langley Parish Council spoke on the application.

 

Councillor Stephen Giles-Medhurst, speaking as both a County and District Councillor, spoke on the application.

 

A local resident spoke against the application.

 

The applicant spoke in favour of 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:

 

·       Following points raised at the September Planning Committee meeting and discussions between the Parish Council and the applicant, the application before the Committee represented an improvement on previous proposals, with better access having been secured from Woodside Road and an access across the site which would link Leavesden Country Park to High Elms Lane.  This would provide an active travel route from the north of Abbots Langley to Garston / Parmiter’s School.  Crossing points had also been included which would assist with safe access to St Michael’s and Parmiter’s schools.  The scale and size of the development had been reduced from over 300 houses as provisionally indicated in the emerging Local Plan to less than 200, resulting in an improved amount of amenity space and benefits for the area.  The proposal would also include a permanent war memorial to replace the existing informal memorial located close to High Elms Lane.

 

·       The amount of affordable housing units to be provided represented 50% of the total housing units on the site.  Since the September Planning Committee meeting the applicant had revised the tenure mix, and 40 units at social rent were now proposed, representing an improved contribution towards local need.  The proportion of smaller dwellings was considered acceptable in the context of the significant housing shortfall in the area and sought to optimise efficient use of the site.  Whilst the tenure mix deviated from what would normally be required, it was considered by the Council’s Housing Officer to provide a mix of housing across all tenures and therefore be acceptable.  Notwithstanding this, some Committee Members remained dis-satisfied with the tenure mix.

 

·       As set out at paragraph 7.8.12 of the report, officers had confirmed that the timing of the traffic surveys was acceptable. Hertfordshire County Council had raised no objections on either highways matters, flood risk or drainage, or any other technical matters.

 

·       In response to a question from a Committee Member as to whether the use of Chequers Lane by construction vehicles could be prevented, the Planning Officer reported that a Construction Management Plan (CMP) was conditioned and details of routing of construction vehicles could be added to the condition. 

 

·       In response to a point raised by a Committee Member about the wording of Condition 3, it was noted that point (g) required amendment to clarify that delivery times and removal of waste from the site should avoid school pick-up/drop-off times; however, construction activities could continue during these times.  Another Committee Member recommended that the wording of point (e) should be strengthened to require details of the siting and installation wheel washing facilities to be provided.

 

·       In response to a point raised by a Committee Member that the amount of parking provision was below parking standards and may result in obstructive parking, officers responded that each dwelling would benefit from at least one car parking space.  The site was in an edge of settlement location, and a balance was needed between providing policy compliant parking and taking account of the location of the site and proximity of local services.  It was proposed that permitted developments should be removed in order to prevent the conversion of garages into living accommodation, thereby preserving parking.

 

·       Some Committee Members questioned the sustainability of the site location, and also its classification by officers as Grey Belt. In response to the latter point, officers responded that their view was that the site did not strongly contribute to the purposes of the Green Belt for the reasons set out in the report.

 

Councillor Whately-Smith moved, and Councillor King seconded, that authority be delegated to the Head of Regulatory Services and following completion of a S106 Agreement (securing the Heads of Terms set out at 7.20 including affordable housing provision, contributions to highways improvements and monitoring of the travel plan, contributions to infrastructure including education and waste infrastructure and a monitoring fee in relation to Biodiversity Net Gain) to grant planning permission subject to conditions and with the following amendments to conditions:

 

·         Amendment to Condition C3 under part (b) to clarify that details of routing are required, under part (g) to clarify that it relates to delivery times and removal of waste from the site and under part (e) to include details of the installation of wheel washing facilities.

 

·         An additional bullet point under Condition 3 to include ‘provisions for protecting the safe use of public rights of way though the site and/or any mitigation required’.

 

·         An additional informative reminding the applicant that the public rights of way should remain unobstructed and that safe passage should be maintained across the site. If safe passage cannot be reasonably achieved, then a Temporary Traffic Regulation Order (TTRO) would be required to close the affected route for any periods necessary.

 

·         An additional condition requiring the dedication of the short length of path between Footpath 61 and Bridleway 80 Abbots Langley prior to occupation of the development.

 

·         An additional condition requiring the first-floor flank window on Plot 12 facing Orchard Cottage to be obscure glazed.

 

·         Amendment to Condition 33 to require details of the future management and maintenance of the ‘play on the way’ equipment to be provided to the Local Planning Authority.

 

·         Addition of a condition to require a Conservation Management Plan to be submitted in relation to the management and conservation of the retained Pill Box.

 

On being put to the vote this was carried, the voting being 8 in favour, 2 against and 1 abstention.

 

RESOLVED: that authority be delegated to the Head of Regulatory Services and following completion of a S106 Agreement (securing the Heads of Terms set out at 7.20 including affordable housing provision, contributions to highways improvements and monitoring of the travel plan, contributions to infrastructure including education and waste infrastructure and a monitoring fee in relation to Biodiversity Net Gain) to grant planning permission subject to conditions and with the following amendments to conditions:

 

·        Amendment to Condition C3 under part (b) to clarify that details of routing are required, under part (g) to clarify that it relates to delivery times and removal of waste from the site and under part (e) to include details of the installation of wheel washing facilities.

 

·        An additional bullet point under Condition 3 to include ‘provisions for protecting the safe use of public rights of way though the site and/or any mitigation required’.

 

·        An additional informative reminding the applicant that the public rights of way should remain unobstructed and that safe passage should be maintained across the site. If safe passage cannot be reasonably achieved, then a Temporary Traffic Regulation Order (TTRO) would be required to close the affected route for any periods necessary.

 

·        An additional condition requiring the dedication of the short length of path between Footpath 61 and Bridleway 80 Abbots Langley prior to occupation of the development.

 

·        An additional condition requiring the first-floor flank window on Plot 12 facing Orchard Cottage to be obscure glazed.

 

·        Amendment to Condition 33 to require details of the future management and maintenance of the ‘play on the way’ equipment to be provided to the Local Planning Authority.

 

·        Addition of a condition to require a Conservation Management Plan to be submitted in relation to the management and conservation of the retained Pill Box.