Agenda item

Report of the Assistant Director (Planning)

The Committee received a report which sought outline planning permission for the erection of 120 dwellings and a two form of entry primary school with associated access, open space, landscaping and other infrastructure. Details of the application were set out in the agenda. The application was before the Committee because it had been called in by Councillor Zukowskyj and because Northaw and Cuffley Parish Council had submitted a major objection.

There had been some minor updates since the report was published. An additional condition was proposed as a result of discussions with Affinity Water to ensure any excavation works were acceptable with regards to water quality; delegated powers were requested for officers to finalise the wording. Requirement iv) of condition 11 was recommended to be varied to require a wider 4.5 metre footpath and cycleway to read ‘South Way provision of segregated 4.5-meter footpath and cycleway including lighting.’ In terms of Hertfordshire County Council’s (HCC) obligations, the report said the contribution for childcare services for 0 – 2-year-olds was to be confirmed and since publication of the report, HCC had confirmed the sum would be used towards increasing the capacity for children of those ages through reprovision of Apple Day Care in Hatfield and/or provisions serving the development. In terms of Fire and Rescue Service obligations, the wording ‘and/ or provision serving the development’ had been added.

The Principal Major Development Officer then took the committee through a presentation about the application.

Michael Ward, applicant’s agent, addressed the meeting as follows:

“Thank you Councillors for your time this evening and David, for your summary of the application. My name is Michael Ward, I'm a planning consultant at Strutt and Partner, and I am pleased to be here this evening representing Ptarmigan Land who have been involved with the promotion and planning of this site since 2017.

This site was identified at the early stages of the now adopted Local Plan for release from the Green Belt for 120 homes. During the Local Plan examination Ptarmigan were approached by Hertfordshire County Council Education who are looking for a site to meet school place demand for the south of Hatfield. Ptarmigan agreed to include a two form entry primary school site even though a scheme of this size would only take up about 8% of the new school places. The scheme before you delivers the vision of the allocation and meets all policy requirements. It will deliver 120 new homes with policy-compliant affordable housing.

The primary school site provides the necessary space requirements and has been signed off by Hertfordshire County Council Education. Over 40% of the site comprises green infrastructure including children's play areas and the walk along the southern perimeter of the site will allow public enjoyment and access to the wider countryside connecting to surrounding public Rights of Way. The site will deliver a 23.7% increase in biodiversity net gain, which is above policy requirement.

A substantial package of highway improvements, has been agreed with the Highway Authority and will improve accessibility for all modes of travel. This all alongside a £2.5m contribution, which will be secured by a Section 106 agreement and will help fund a variety of local facilities and services, such as new or improved local sports pitches and changing facilities, swimming pool and a library for example. We have worked hard with your officers to ensure all outstanding issues have been resolved. This is an outline application with all matters reserved other than access, so there will be further opportunities for the Council to consider and determine detailed applications relating to design and landscaping. This application simply establishes a well-considered framework against which all future reserved matters must comply. Given that the application delivers the policy allocation in full, I respectfully ask Members to agree with your officer’s comprehensive analysis and a recommendation to grant and this outline planning application, thank you.”

Dave Willis, Hertfordshire Amphibian and Reptile Group and resident, spoke against the application:

“My name's Dave Willis, I’m the Chair of Hertfordshire Amphibian and Reptile Group, professional ecologist, and I am a resident very aware of the housing challenges facing Hatfield and the requirements that are needed locally, however, I felt I needed to raise some points to the to the Council to consider.

This is a site between a local nature reserve and a local wildlife site. I have some concerns that I have seen reflected in both David's letters and from Matt Dodds of the Wildlife Trust regarding the downplaying of its ecological significance, being mindful of the Lawton review for bigger, better and more connected natural space. In contrast to the report prepared on great crested newts, this supports a very good population which will improve, as ponds are improved in line with Herts County Council's plans.

I am very concerned that the surveys undertaken to estimate the population size were insufficient, there are two nights where trapping didn't take place, for example, and is very difficult to estimate through torching, so the survey undertaken was insufficient.

I share David's concerns that there was no initial consideration for skylark plots. Skylarks have declined 63% since the 1960s and are a joy to listen to at this site and no obvious provision has been made for them.

Common toads are also in severe decline and have been since the 1980s. This is across this site and local authorities have a condition to be to be mindful of them. There is a locally exceptional and possibly national exceptional population of breeding common toads. This is to say nothing of the cuckoos, butterflies and invertebrates, many of which might have been missed in the totality, but during the ecological surveys. There are primary ecological benefits in terms of the significance of the species, the amphibians supporting an important trophic pyramid, including the reptiles that utilise the site as well as the raptor species that nest there including kestrels. I'm very concerned that despite mitigation measures, the development proposed would detract significantly from the existing habitat, not to mention the destruction of what is there. I’m mindful of measures that have been put in place, but I am very concerned and welcome those concerns being shared, that the basis for the acceptance might be a flawed study, a flawed survey.”

Councillor Zukowskyj, ward councillor, addressed the committee. He first raised a point of order as a fellow ward councillor had not been able to speak on this item although two ward councillors had spoken in respect of the Templewood School item. The Chair advised he had been contacted by the ward councillor in question; normally only one ward councillor would speak, particularly if they were from the same party and had a similar position. Unfortunately with the previous application, material sent out in parallel with the Constitution implied that ward councillors were allowed to speak. That material would be corrected but given the material was referenced and the respective ward councillors who had spoken were from different parties, the position had been allowed.   

Councillor Zukowskyj spoke as follows:

“I'd like to object to this application on the basis that the access is not appropriate and I direct your attention to the paragraph 10.69 of the officers report that echoes the NPPF that the access to the site should be appropriate and suitable for the users of the site. I also direct you to the referral in the information components that suggests that the roads on the site will not be adopted, and the reason that the roads will not be adopted is that they are not adoptable because they are too steep. The access point means that the road will be too steep to be adopted. Now that might not be a problem for many of the residents although I suggest that in future it would become one, but for the school it's a real problem because we have a situation here where a school is being developed at one end of a site and the access point is at the other end of the site. So what is going to happen when the 75% of parents who drive their children to school drive past all the houses on a private road to their school, drop their kids off, pick them up, of course that parking is going to be all over the place. Probably 70%, 80% of the schoolchildren will not come from this particular site, and if they're going to get there other than by car, they will have to be crossing a 50 mile an hour road. Now I don't know about any of you, but I would not have let my primary school age children cross a 50 mile an hour road even with a signalised crossing, I would have driven my kids to school so I would have driven into a private road, down to the end of it, dropped my kids off at school and turned round and driven back past all those houses. If it's a private road, what happens to access to the school, it's a public school - that's just not been clarified, we don't know what's going on. I would describe the access and access arrangements for the school as being inappropriate and unsuitable for that particular user of the site. In that instance, because that contradicts the NPPF, you should refuse this application.”

A member asked for a response to the comments made by the last speaker. The legal advisor pointed members to the site allocation in the Local Plan where the Inspector had referenced that access would be through the onsite housing allocation. Hertfordshire County Council had not objected either as the highway or education authority. If the application was granted the S106 agreement would be negotiated which would secure various obligations, one being an option for the county to call upon the school site so it could negotiate terms it deemed necessary. The S106 would also secure delivery of the road to an acceptable standard; HCC was party to this agreement and would secure its future maintenance which normally would take place through a management company and being resourced through the wider development. It did not sound as though the road would be adopted and this was not within the applicant’s control as it would be a decision for HCC.  

A member asked if the gradient of the road was known and expressed concern that it appeared HCC was not responding to some issues and seemed to be giving mixed messages to Planning officers and Cllr Zukowskyj. The Assistant Director (Planning) clarified that HCC had provided detailed comments on the application as both the highway and education authority and were not objecting to the proposal on the basis of access or anything to do with the school site.

A member was concerned about the loss of biodiversity on the site and noted the report said it would be increased. Officers said the proposal would provide over 20% biodiversity net gain (BNG). The application was supported by a formal biodiversity metric which set out the existing baseline in terms of biodiversity and how the BNG could be achieved through onsite enhancements.

A member asked about comments relating to weaknesses in the survey eg times when trappings had not taken place; the Principal Major Development Officer said multiple surveys had been submitted with the application as well as a preliminary ecological assessment and then a subsequent assessment following representations from the Council’s ecology experts Hertfordshire Ecology and the Middlesex Wildlife Trust; both parties had raised initial concerns but had raised no objections on the grounds of ecology or biodiversity or impact on species after further information was submitted, subject to conditions and a S106 agreement. The S106 agreement would secure the BNG and there would be two specific conditions relating to biodiversity.  In terms of skylark plots, Herts Ecology had said although information was still absent from the ecological impact assessment, a skylark compensation plan capable of sustaining six skylark nesting sites should be prepared and implemented, which would be secured through the landscape and ecological management plan condition. Surveys acknowledged the presence of toads but said that through mitigation measures there would be no significant harm to such species from the development.  

A member asked about the numbers of affordable homes. Officers said that 25% of the 120 proposed homes would be affordable (30), 51% of which would be social housing. The outline was for up to 120 homes but there could be fewer although the percentages would remain the same.

A member asked about the rationale for a primary school being sited at the location as there were a number of schools in that area of Hatfield. Officers said HCC had approached the applicant as the site offered an opportunity for a new school that would help meet need.

RESOLVED

(For 10, Against 1, Abstain 1)          

That planning permission be granted, subject to the conditions set out in the report.