Agenda item

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning).

 

It was noted that two further representations have been received since the publication of the committee report. The first comment is that a resident does not feel the application was given enough publicity. The second representation states that the proposal would destroy wildlife.

 

In relation to the financial contribution for library services, the contribution would also go towards increasing the capacity of Welwyn Garden City Central Library or its future re-provision.

 

The site lies south of Welwyn Garden City and measures approximately 30 hectares. It currently comprises five fields of arable use and grassland and is within the Metropolitan Green Belt. The land is generally flat. Electricity pylons traverse the site. Tree and hedge screening already exists around the perimeter, and Hollybush Lane, dissects the application site.

 

Phase 1 is considered as a full planning application. Phases 2-4 are in outline with all matters reserved except for access. Their composition and detailed design are not yet fixed. However, their future development potential would be dictated by a suite of control documents.

 

Development specification sets out that the outline component would deliver:

 

-           A maximum of 243 new homes

-           Two new cricket pitches and pavilion

-           New café / community space

-           Landscape and open space provision

 

Parameter plans within the report provide detail on the proposed land use, building heights, structure of green infrastructure and access and movement. The land use parameter plan shows the building heights for the outline component, but also the extent of built residential development.

 

Proposed construction of residential dwellings would be considered inappropriate development in the Green Belt and would impact the spatial and visual openness of the Green Belt. As set out in the report, officers also consider that the proposal would result in some harm to the green belt purposes by introducing built form onto the currently open site and extending the settlement edge further south. This harm carries substantial weight against the proposal.

 

The site is allocated in the Draft Local Plan (DLP) to provide 340 residential units. Underpinned by three Green Belt reviews as part of the evidence base for the examination. Through the examination the Inspector has concluded the site to be sound and a number of site-specific considerations have been set out as part of the site allocation. As set out in the officer’s report, the proposed development would address the site-specific considerations.

 

The Council’s evidence base identifies a shortfall of cricket pitches in the borough by 2026. The proposal would provide two new cricket pitches and an associated pavilion as a new facility for Hatfield and Crusaders Cricket Club. Through engagement with the community, the applicant identified that there was a need to deliver a new facility for the cricket club who have currently outgrown their current facilities and need to rent cricket pitches elsewhere. Furthermore, the facilities are dated and do not reflect the standards of a modern facility.

 

This element of the proposal is in outline form, but the plan does demonstrate that the cricket pitches and facilities would be able to meet current English Cricket Board Standards.

 

Sport England are supportive of the new sports provision, subject to necessary planning obligations and conditions that have been secured.

 

A great detail of attention has been given to the framing of the development at a key junction and the architectural detailing with variations to height, form, elevations and roof design that would serve to provide visual interest and enhance the townscape appearance. 

 

The built form would be located on the southern edge of Welwyn Garden City, which would be consistent with the existing settlement pattern and prevailing urban fringe character. The proposal would adhere to Garden City principles by providing a comprehensive green infrastructure network, biodiversity gains, mixed tenure homes with gardens and opportunities to grow food.

 

Officers support the proposed land use distribution of the development that would broadly follow the built form edge and provide a good balance with areas of open space within the development.  

 

The scale of the proposed dwellings would be consistent with the pattern of development in the locality.

 

Officers are satisfied with separation distances between properties and siting and form of new buildings and so conclude that the proposal would not have a detrimental impact on the residential amenities of adjoining occupiers by reason of overshadowing, loss of light, loss of outlook or overlooking.

 

The proposal would deliver 340 residential units with a large number of family dwellinghouses expected to be provided. In terms of affordable housing, the applicant has committed to provide 30% as affordable housing. Originally the tenure split comprised 60% affordable rent and 40% shared ownership, which are classified as Intermediate products. Considerable effort and engagement took place during the application process to try to get social rent units to be provided. Following this engagement, the affordable housing tenure split is now 51% social rent housing, 40% shared ownership and 9% affordable rent units and this will be secured appropriately. The proposal would therefore positively contribute towards addressing the council’s priority need for social housing, and in particular, for family sized dwellings.

 

It was later clarified that 2% of units (as the slides stated 3%) would comprise self-build plots, to come forward in the outline element and the proposal would also secure a policy compliant quantum of accessible and wheelchair dwellings.

 

Extensive discussions have taken place during the course of the application between the Applicant, Highways and Borough Council. One of the outcomes of this was to amend the proposal to close the northern part of Hollybush Lane to motorised traffic. The Highways authority are satisfied that this would not have a detrimental impact on the functioning of the highway network and whilst also supporting sustainable travel to the north, and the Hollybush local centre.

 

In terms of pedestrian and cycle connections, the intention across the site is to deliver a highly permeable and well-connected network of routes that provide links to Boundary Lane, Ascots Lane and the A1000. 

 

A number of objection responses provided by neighbouring residents noted that the existing site is well used by residents and dog-walkers and contributes to physical and mental well-being. Officers acknowledged that there are some well-used informal footpaths that related primarily to the north-western portion of the site. However, it is important to recognise that these are not public rights of way and that residents currently benefit from access on private land. The proposal would establish an extensive network of publicly accessible pedestrian routes through well-landscaped areas providing strong north-south and east-west routes with dedicated footways, and therefore enhance the pedestrian network and opportunities for local residents to benefit from this.

 

A total of 160 parking spaces would be provided. The Council’s Supplementary Planning Guidance indicates that phase 1 would generate demand for 181 spaces but the applicant has also set out that local car ownership data suggests a demand for 119 spaces. The parking standards should be taken as guidance and parking standards should be taken on a case-by-case basis. Therefore, while the car parking provision falls short of the guidance, the site falls within a reasonably accessible location where facilities and services can be accessed by means other than a private car. A car club space would be provided, and a package of mitigation measures are proposed to encourage sustainable modes of transport, such as the adoption of a Travel Plan, and highway contributions that would provide new bust stops, a bus service diversion for a bus route to serve Ascots Lane, pedestrian and cycle route improvements and contributions towards strategic improvements set out in the Growth and Transport Plan.

 

The proposal would also significantly increase the presence of trees, shrubs, hedges and grassland, enhancing the diversity of habitats. This would strengthen the existing landscape infrastructure of woodland, tree belts and tall hedgerows, enabling the proposed development to be integrated into the landscape. This would also support the objectives and aims of the Green Corridor. The proposed landscaping scheme for phase 1 includes 113 new trees that would deliver improvements in terms of the quality and diversity of tree planting. The Council’s Landscape Officer has advised that the layout, planting species, plant sizes, numbers and densities are considered appropriate. Appropriate surveys have been undertaken in relation to habitats and protected species. Subject to mitigation and ecological improvements where necessary, the development is considered to have a neutral impact. The new biodiversity and ecological enhancements would help deliver over 10% Biodiversity Net Gain across the site.  

 

The Lead Local Flood Authority (LLFA) have raised an objection to the scheme on the basis of insufficient information.  Consultation response was received six months after submission and by this stage the Local Planning Authority already sought independent professional drainage advice on the scheme whereby it was considered the proposed details were acceptable subject to conditions. The LLFA response caveated that they may not be able to provide further advice on the proposal due to resource issues. The Council’s independent drainage advisors also confirmed the suggested condition would address some of the key technical matters that were raised in the objection by the LLFA. Overall, officers are satisfied that the proposed condition imposed would address some of the key technical matters raised in the objection by the LLFA and subject to detailing, would comply with the relevant policies in relation to flood risk and drainage.

 

A series of planning obligations have been set out to secure a number of the proposed benefits and mitigate the impact on local infrastructure and services which directly relate to the proposal. The proposed development would be inappropriate development in the green belt and would have a limited impact on the landscape character and appearance. These matters weigh against the proposal. The National Planning Policy Framework (NPPF) is clear that very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal is clearly outweighed by other considerations. The summary of the benefits of the proposal have been set out in detail within the officer’s report.

 

The council cannot demonstrate a five-year supply of deliverable homes and the shortfall of housing supply in the Borough is recognised as both considerable and significant. The delivery of 340 new dwellings is therefore afforded very substantial weight. Significant weight is also attached to the provision of 30% affordable housing, of which 51% would be social rent, thereby addressing the priority need within the Borough.

 

The site is also allocated in the DLP for residential development and forms part of Welwyn Hatfield Borough Council’s strategic approach to meeting its future housing needs. The DLP is at an advanced stage of preparation and so policies relating to the site should carry significant weight as they have been thoroughly considered through examination. This factor is also afforded substantial weight.

 

There would be an overall net-benefit to biodiversity and enhancements to landscaping, surface water flood risk, drainage measures and the development would encourage sustainable patterns of travel. The proposal would also ensure the site becomes more publicly accessible and would enable the local community to use and enjoy the areas of information recreational land, play areas and high-quality landscaped spaces. The proposal would also provide modern and high-quality cricket pitches and facilities for which there is an identified need. These matters are afforded moderate to significant weight.

 

Taking all matters into consideration, officers are of the view that the material considerations and benefits in favour of the proposal would clearly outweigh the harm. Accordingly, the test in Paragraph 148 of the NPPF is met and the very special circumstances do exist to justify the grant of planning permission. Officers therefore recommend planning permission is approved, subject to referral to the secretary of state, completion of the S106 agreement and the conditions set out in the officer’s report.

 

Anthony Downs, Agent, spoke regarding the application:

“We support your officer’s recommendation of approval.

 

The proposed development at Creswick is promoted by Gascoyne Estates, custodians of Hatfield Park Estate. As a long-term landowner within the borough, we seek to enhance and improve our environment. 

 

Our past and current developments include Old Hatfield and at Mill Green.  These all reflect our goal of creating a long-term legacy of which we can all be proud.

 

In contrast to the trend of flatted development, Creswick, will provide a sensitive urban extension to Welwyn Garden City and offers new housing within the borough.

 

The scheme has been comprehensively master planned in close consultation with your officers and other consultees over a period of some years.  Amongst other factors, this has influenced the design of the four children’s play areas, and better connectivity through well-designed cycle and pedestrian links into the Creswick plantation and indeed beyond. The plantation has recently seen a further 2500 trees planted under the Queen’s canopy initiative.

 

The scheme still takes traditional design cues from our Pattern Book and Building Code maintaining Garden City Principles.

 

Relocation of the existing cricket club will provide new facilities and create a focal point for the new community. The provision of new grassland and perimeter planting offers a valuable opportunity to improve wildlife habitats and provide precious corridors to existing ponds and ditches, achieving over 30% net gain in habitat units.

 

Creation of sustainable communities is one of our key priorities.  That is why the proposed development seeks to decarbonise from the outset and will utilise Heat Pumps to heat homes, in place of conventional gas boilers.  Providing electric charging points, a car club, healthy streets and financial contributions towards sustainable patterns of travel, will facilitate residents’ adoption in greener and healthier lifestyles.

 

Vehicle and bicycle parking has been a key consideration to the schemes design, with the proposals providing attractive carports, shelters, and refuse and appropriate recycling storage.

 

As a local organisation, we very much understand that new development can be an emotive topic. A key concern for local communities whenever any new development is proposed, is the impact upon already strained services.  That is why we are committed to providing over £7 Million towards education and healthcare, which will deliver improvements at the Spring House Medical Centre, Hall Grove and Peartree Surgeries.

 

Homes for local people are equally important, which is why this development provides a policy compliant housing mix, which will provide 51 much needed homes for social rent, and 49 new homes for affordable rent.

 

Subject to the outcome of this evening, we and our partners are very keen to start building the much-needed new homes within our community at the earliest opportunity.”

 

Ros Wilson, Objector, spoke regarding the application:

“I have several reasons why this planning application should be blocked, namely the remaining overall size of the development. I remind councillors, we live in Welwyn GARDEN City, originally devised by Sir Ebenezer Howard. Built to combine the benefits of a city and the countryside, thus avoiding the disadvantages of both.

 

We are just over the 100-year mark of this inspirational idea, and already the Councillors of this city, in which we trust, are striving ever closer to merging Welwyn Garden City with Hatfield. The boundaries between these two locations are ever eroding, especially on this side of the city, due to the size of these plans. The Councillors have forgotten the basis of a Garden City and should be ashamed. Sir Ebenezer Howard would be appalled of how his dream is being diminished with every element of land, whether green belt or not, is being forfeited. This land is used by local residents, it offers a space to breathe, to enjoy, to relax, and the very basis of a Garden City.

 

I also speak on behalf of my son. My son and his family live at 31 Boundary Lane and will be directly affected by this build. The plan shows a three-storey block of flats immediately behind our property, not only blocking his light and space but provides a view directly into the bedrooms of our house and the back garden. My growing granddaughters aged 7 and 12 are worried that their privacy will be gone by being constantly overlooked in their bedroom and whilst playing in their garden. This is, as you can imagine especially traumatising for a young girl approaching her teenage years. I remain in fear of her mental health and the knock-on effect to my family, as they feel completely helpless in preventing this issue. Again, I can only put my trust in the hands of the councillors to prevent this situation occurring.

 

Finally, where are the plans for the extra medical services, the schools, the dental practices, the services, such as extra police, refuge, all needed for such a huge impact of additional residents living on this development. Services are already stretched and does the council already have the funds required to align these types of services in the current economic conditions?

 

In conclusion, by agreeing to these plans you are monopolising an area of Welwyn Garden City by forgetting the ethos of a Garden City resulting in harm to all those directly connected to these plans by seriously affecting their mental health, the environment, and the once celebrated Garden City.”

 

Members discussed the application and a summary of the main points raised are shown below:

·             Members asked about the coalescence of Welwyn Garden City and Hatfield.

 

-              Officers advised that three Green Belt studies were reviewed, and it is accepted that the release of the whole parcel of land for built development would result in high harm because the development would be closer to Hatfield. However, the areas proposed in the application for built development are identified as causing less harm to Green Belt purposes.

 

-              The Local Plan Inspector has provided certain site-specific considerations through the Local Plan examination. One of them, which was part of the recent main modifications consultation, is strengthening a substantial tree planting screen within the green buffer along the southern edge of the site. Sports and recreational uses form part of the development, which is away from the residential element, and this reinforces and strengthens the boundary between the two settlements. With these considerations, officers are of the view that the proposal would not have a material harmful impact.

 

-              Members raised concerns about cars leaving the development would need to join the A1000 which is a main road which is considered to be subject to speeding.

 

-              Officers noted that the Highways Authority have been extensively involved in the consideration of this application. They are satisfied that the proposal wouldn't have an adverse impact on the functioning of the safety of the highway.

 

·             Members noted that the designs show smoking chimneys.

 

-              Officers said they would clarify whether these are just decorative chimneys.

 

·             Members noted that the slides refer to 3% self-build, yet in the report it says 2%.

 

-              Officers confirmed that the 2% figure in the report is correct and apologised for the error on the slide.

 

·             Members raised concerns about sustainability as the site is 1.5 miles away from the town centre and has no nearby train station or shops.

 

-              Officers said that Welwyn Garden City is a tier 1 settlement, and that is where development is focused, and growth is expected.

 

-              There would be S106 contributions towards improving the pedestrian and cycle infrastructure into town.

 

-              There is a local centre which is within a reasonable walking distance of the site, and the applicant has made efforts to ensure that the route is designed in a way that would encourage walking trips.

 

-              There are bus routes into town, which would occur quite frequently, and the applicant is working to provide bus stops close to the development and also review the bus routes.

 

·             Members were concerned as to whether the level of affordable housing proposed was capable of forming part of the case of very special circumstances.

 

-              Officers said it is for members, as the decision makers, to give appropriate weight to the matters in the officer recommendation.

 

-              It is very evident that there is a chronic shortage of homes being built within the borough, and the borough is failing to meet the housing delivery its set against. Not all schemes deliver the right quantum of affordable housing that the council needs to address its most priority need.

 

-              When preparing the report officers gave due weight to the benefits of public accessibility, of biodiversity net gain, and the cricket pitches, as well as the coalescence between the settlements.

 

-              It is an allocated site in the Draft Local Plan, so has gone to examination. The inspector has looked at the site and considers that it can be released for development in the manner of the built form that has come forward.

 

·             Members raised concerns as to why we are relying on third party consultants to establish whether a sustainable surface water strategy can be delivered on the site.

 

-              Officers answered this in a wider context of challenges that Hertfordshire County Council (HCC) have been facing in terms of their resourcing in the LLFA team. This council is not alone as a local authority in taking external consultee advice as an alternative to HCC.

 

-              In this instance HCC made an initial response, but that came six months after the consultation. At that point they maintained an objection but advised they wouldn't necessarily have the capability to respond to further information from the applicant. So, in the interests of progressing important and large-scale planning applications, the council took the view that it would be sensible to instruct independent third-party consultants in order to review the information and to consider the comments that the LLFA had made.

 

-              The independent consultants are satisfied that the scheme designed is acceptable and have therefore recommended the condition.

 

·             Members raised concerns about ownership and tax avoidance.

 

-              Legal advice provided at the meeting said that no weight should be given to the nature of ownership as that is irrelevant to a planning determination.

 

-              In terms of tax avoidance, it could not be confirmed if the statement made by the member was true or not, but no weight should be placed on the tax avoidance nature of the landownership.

 

·             Members raised concerns that at a previous planning meeting, objections had been received from either the resident or our residents' representative from Hatfield House, as to the view north from Hatfield House. As this development would seem to be directly in that line, is this an inconsistency that members should place weight on.

 

-              Officers said they didn’t fully know the context of the other application referred to.

 

-              This development is limited to 3 storeys, but predominantly 2 storey and 2½ storey buildings. The inspector, as part of the main modifications process, has requested the extensive tree belt screening.

 

-              No concern has been raised by consultees.

 

·             Members raised concerns about the level of affordable housing which is skewed between the different phases of development.

 

-              Officers advised that if the application is agreed tonight, then there will be a series of mechanisms, through the reserved matters, where the applicant will have to provide details of how they are going to meet the mix of affordable housing in the later phases. So, there will be subsequent applications to come, which may or may not come before this committee, depending on whether or it is called in.

 

-              However, this will be set in the context of the outline planning permission and legal agreement which would go with the permission. This sets the framework for those reserved matters applications, including the proportion and mix of affordable housing, so this would provide some protection.

 

·             Members raised concerns about overlooking to neighbouring properties.

 

-              Officers advised for Phase 1 there are detailed plans which show very generous distances between the rear elevations of the respective dwelling houses and the houses that are on Boundary Lane with their gardens.

 

-              Number 31 Boundary Lane is further east of the application site, which is where the outlined development would be. Details of the form, scale, and massing of those dwellings have not come forward. When it comes to reserved matters stage, officers will have the ability to scrutinise those in more detail to ensure that acceptable residential amenity is maintained between those houses.

 

·             Members sought clarification of the number of trees being planted.

 

-              Officers advised that 113 trees relate to Phase 1.

 

-              As the reserved matters come through, officers will get a better picture of the number of these trees coming forward.

 

·             Members asked officers to comment on the impact to services arising from the development.

 

-              Officers advised that substantial s106 contributions are there to mitigate the impact of this development.

 

Following discussion, it was proposed by Councillor R. Trigg and seconded by Councillor J. Broach to approve the application.

            RESOLVED:

            (8 in favour, and 4 against)

That planning permission be approved subject to the conditions set out within the report; and,

 

Subject to the confirmation that the chimneys are design features and not wood-burning chimneys.