Agenda item

Report of the Corporate Director (Public Protection, Planning and Governance).

Report of the Corporate Director (Public Protection, Planning and Governance) setting out the creation of a mixed-use quarter comprising the erection of up to 1,340 residential dwellings including 414 (31%) affordable dwellings (use class C3); 114 extra care homes (use class C2), the erection of a civic building comprising 497 M² of health (use class D1), 497 M² of community use (use class D1), 883 M² of office (use class B1) and of retail (class A1/A2/A3/A4/A5); alterations, additions and change of use of grade II listed building and retained silos to provide 5,279 M² of flexible business floorspace (use class B1), 270 M² combined heat and power (sui-generis), 2,057 M² international art centre (use class D1), 1,235 M² gymnasium (use class D2) 1,683 M² of restaurant/ coffee shop/bar (use class A1/A3/A4/A5), crèche/day nursery (use class D1) of 671 M² as well as a network rail toc building (use class B1) of 360 M²; plus associated car parking, access, landscaping, public art and other supporting infrastructure.

 

The report set out considerations in relation to the planning application of the former Shredded Wheat Factory at Welwyn Garden City.  The application followed last year’s approval of a residential led (850 units) mixed used scheme (DMC March 2017).  The present application envisaged a much denser scheme at 1,454 residential units and mixed use.  The application was accompanied by a listed building consent application reference 6/2018/0960.  Also for consideration was the Environmental Statement setting out an analysis of a range of environmental factors related to the proposed development of the site.

 

The site had contained a Grade II Listed Building, parts of which had been removed following approval of a Listed Building Consent (Ref: N6/2015/0293/LB) last year.

 

Presently the site had undergone substantial clearance and demolition of a number of silos together with administration and manufacturing buildings.  The retained buildings were the production hall, grain and boiler houses and a section of the silos.  The rest of the site was now virtually clear and enclosed by hoardings. 

 

Members noted that the developable area was essentially the same as for the previous application although the site area was smaller.  This was because: the application site did not include any public highway land around the site; nor did it include Hyde Way which ran centrally east–west; it also excluded the access road to the site occupied by PW Gates distribution in the south east corner (also known as the Pall Mall site).

 

The application had been presented to the Development Management Committee because it was a major application accompanied by an Environmental Statement.  The Committee had the proper authority conferred on it under the constitution for making decisions of this nature subject to any statutory notification or Secretary of State call-in.  In this case the Council must notify the Secretary of State of its decision in accordance with the Environmental Impact Assessment Regulations 2017.

 

Officers proposed a number of additional planning conditions which were as a result of further consultation feedback coming forward from Environment Agency and WHBC Environmental Health relating to decontamination works and to incorporate details which were not included in the Update of Heads of Terms.

 

The proposed changes to the Planning Conditions were as follows.

 

9. Upon Completion Condition for Maintenance (Sustainable Drainage Systems)

Upon completion of the drainage works for each sub-catchment included within the final drainage proposal, in accordance with the final phasing arrangements, a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority.

 

The Network Rail Train Operating Company building was no longer required and the applicant had clarified that the use was proposed as B1 office space.

 

The management and maintenance plan shall include;

 

1.    Provision of complete set of as built drawings including the final drainage layout for site drainage network.

2.    Maintenance and operational activities for the lifetime of the development.

3.    Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

No more than 50% of the dwellings on a Block of the development shall be occupied until the management and maintenance plan for the SuDS features and drainage network serving such Block have been approved in writing by the local planning authority. Such management and maintenance plan shall be carried out as approved.

 

17. Hyde WayOff-site highway works – New wording in red italics to secure implementation

 

No occupation of blocks 1, 4, 5, 7 and 8 shall occur on site unless otherwise agreed in writing until a detailed scheme for the off-site highway improvement works at Hyde Way has been submitted to and approved in writing by the Local Planning Authority and completed.  The scheme must include a timetable for implementation and for the management of parking on Hyde Way. The scheme shall be implemented in accordance with these approved details.

 

REASON: To ensure that the highway improvement works are designed to an appropriate standard in the interest of highway safety, to protect the environment of the local highway corridor and to ensure that the development does not have an unacceptable impact on safe and free flow of the pedestrian and highway network.

 

27. Noise Attenuation – Sentence deleted (denoted by red/strikethrough) to reflect wording agreed between WHBC Environmental Health and noise consultant.  To read as follows:

 

No development of any phase or block shall commence, other than ground and site preparation works, until the applicant has submitted to, for approval in writing by the Local Planning Authority, a detailed scheme to protect the proposed development of that phase or block from traffic noise, railway noise and noise associated with other uses on the site.  The scheme shall ensure the indoor ambient noise levels in living rooms and bedrooms meet the standards in BS 8233:2014 and the ventilation standards within Approved Document F of the Building Regulations. The mechanical ventilation system shall provide a ventilation rate of at least the purge rate within Approved Document F (4 air changes per hour) when required to maintain thermal comfort.Where required, dwellings shall be ventilated with MVHR as per System 4 in Building Regulations Part F to help minimise the reliance on openable windows for the control of overheating.  No part of the development shall be occupied or used until the approved scheme has been implemented.

 

REASON:    To protect the occupants of the new development from noise disturbance in accordance with Policy R19 of the Welwyn Hatfield District Plan 2005.

 

47. Skate Park – delete as to be amalgamated with open space condition.

 

49. Completion of Block 1 Civic Building, Block 4 Production Hall, Block 5 Grain Silos

 

Prior to the final 25% of the Use Class C3 open market housing dwellings being occupied, Blocks 1, 4 and 5 must be practically completed. No more than 75% of the Use Class C3 open market dwellings comprising part of the development shall be occupied until Blocks 1, 4 and 5 have been practically completed in accordance with the approved plans.

 

REASON: To ensure the availability of community and leisure facilities for the development and to secure the restoration of the retained listed buildings. 

 

53. Site investigation and Remediation Strategy – deleted as now discharged as decontamination works complete and confirmed acceptable by Environment Agency and WHBC Environmental Health.

54. Verification Report - deleted as a satisfactory verification report has been providedand confirmed acceptable by Environment Agency and WHBC Environmental Health.

55. Long Term Monitoring – replace condition to secure monitoring in accordance with approved details and consistent with advice from Environment Agency and WHBC Environmental Health. Condition to read as follows:

 

Monitoring reports as specified in the plan approved under reference 6/2018/2530/COND, including details of any necessary contingency action arising from the monitoring, shall be submitted to, and approved in writing by, the local planning authority in accordance with the approved timetable and any such contingency action identified in the approved reports shall be implemented in full.

 

REASON:   To ensure that the site does not pose any further risk to the water environment by managing any ongoing contamination issues and completing all necessary long-term remediation measures, in line with paragraph 109 of the NPPF. This is also in line with policy R2 and R7 of the Welwyn and Hatfield Local Plan.

 

New Planning Conditions

 

Open Space (including skate park, play space and the sensory garden)

 

1. No development above ground level in a phase or block shall take place until a scheme for the provision of all open space and play space in the relevant phase or block has been submitted to and approved by the local planning authority in writing. The scheme shall include:

 

(i)            details of the location and design of all open space and play space in that phase or block including (where relevant) all informal public open space and amenity areas, play space areas and facilities, the sensory garden, the skate park;

(ii)          a phasing programme for the provision of such areas and facilities;

(iii)         details of the access arrangements for members of the public to and boundary treatment of the open space and play space in that phase;

(iv)         details of the ongoing management and maintenance arrangements for the open space and play space in that phase including the means of funding and the body responsible for such management and maintenance in perpetuity.

 

The approved scheme (“the Open Space Scheme”) shall be carried out as approved.

 

2. No more than 50% of the dwellings on a phase or block of the development shall be occupied until all open space and play space (including, where relevant to the phase, all informal public open space and amenity areas, play space areas and facilities, the sensory garden, the skate park) required by the Open Space Scheme for that phase has been laid out and completed fully in accordance with the Open Space Scheme approved by the local planning authority for that phase.

 

From its completion, all open space and play space (including, where relevant to the phase, all informal public open space and amenity areas, play space areas and facilities, the sensory garden, the skate park) shall be managed and maintained in accordance with the relevant Open Space Scheme in perpetuity.

 

The land on which the open space and play space has been laid out comprising part of the development (including, where relevant to the phase, all land comprising informal public open space and amenity areas, play space areas and facilities, the sensory garden, the skate park) shall not be used for any use or purpose other than as public open space and amenity areas and public play space respectively in accordance with the relevant Open Space Scheme and the approved public access arrangements and boundary treatment shall be retained at all times in accordance with the relevant Open Space Scheme unless otherwise agreed with the local planning authority.

 

REASON:  To ensure that adequate supporting facilities are available for the occupants of the development.

 

Highway works

 

No dwelling shall be occupied until the applicant (or its nominee) has entered into an agreement with the highway authority pursuant to section 38 and/or section 278 of the Highways Act 1980 for the completion, dedication and adoption of the highway works detailed in the Transport Assessment (Entran Jan 2018) (“the Highway Works”).  No more than 500 dwellings shall be occupied until the Highway Works have been completed fully in accordance with such agreement.

 

REASON: To ensure that the highway improvement works are designed to an appropriate standard in the interest highway safety, to protect the environment of the local highway corridor and to ensure that does not have an unacceptable impact on safe and free flow of the pedestrian and highway network.

 

Childcare Condition

 

No development of Block 4 (Production Hall) shall be carried out until a detailed specification of childcare facilities in that block have been submitted to and been approved by the local planning authority.  No more than 75% of the Use Class C3 open market housing shall be occupied until the childcare facilities have been provided in accordance with these details.

 

REASON: To ensure a satisfactory level of provision of childcare provision within the development.

 

Mr J.Waterhouse, Agent, spoke in support of the application.

 

Mr.R.Evans, Metropolitan Housing, Co-Applicantalso spoke in support of the application.

 

Mr A.Jessan, an objector, spoke against the application stating the reasons for his objections where the lack of a swimming pool, unsatisfactory parking provision and the increased density of the proposed design, which was out of keeping with the garden city ethos

 

Councillor M.Cowan, stated the reasons for his objections were the lack of social housing, thefuture of the footbridge and lack of parking provision.

 

It was then proposed by Councillor S.Markiewicz, seconded by Councillor A.Chesterman and

 

RESOLVED:

(12 voting for and 1 against)

 

That planning permission be granted, in accordance with the Officer’s recommendation, subject to the following:

 

·         The completion of a legal agreement including the updated heads of terms circulated at the meeting.

·         The recommended conditions, as updated at the meeting and set out in these Minutes.

·         The referral of the application to the Secretary of State; and

·         The applicant agreeing to any necessary and reasonable extensions of the statutory determination period in order to complete the above.