Agenda item

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

Report of the Corporate Director (Public Protection, Planning and Governance) on the erection of four industrial/ commercial buildings within use class B8 with associated landscaping access and infrastructure works.

Members noted that the previous planning application for this site (6/2015/2416/MAJ) had been reported to Committee on 26 May 2016 which was granted planning permission. 

The approved scheme was for eight, two-storey, mixed B class use units with a footprint of 2,910sqm and floorspace of 5,820sqm.  The approved scheme also included vehicle access to the site, cycle parking, 122 car parking spaces and five loading bays.  The application was approved subject to a S106 agreement for fire hydrants, a green travel plan and monitoring fee and a section 278 (Highways) agreement for improved junction layout at the entrances to the site.

The site had been used for landfill and had become contaminated.  Remediation works were required by condition on the planning permission.  The applicant submitted that the costs of the remediation work are higher than anticipated and that the proposed development needed to accommodate more floorspace to make it viable.

The site was currently in the Green Belt but has been included in the Emerging Local Plan as an Employment Site.  It was located between the eastern edge of Welwyn Garden City and the proposed Birchall Garden Suburb as designated in the adopted East Hertfordshire Local Plan 2018.

The application had been presented to the Development Management Committee because, as employment development in the Green Belt, it represented a departure from the Welwyn Hatfield District Plan 2005.  The application would need to be referred to the Secretary of State if the Committee was minded to approve it.

Members received a tabled report which set out an updated floor space comparison table, in place of that set out at para 10.19 on page 38, which was populated with incorrect data.  The document also proposed two additional conditions in respect of noise.

1.       No machinery shall be operated and no process shall be carried out (except for office work) outside the hours of 07:00 – 19:00 Mondays to Fridays, 07:00 – 17:00 Saturdays nor at any time on Sundays, Bank or Public Holidays.

Reason: To protect the occupants of nearby properties from noise disturbance.

2.       No deliveries shall be taken or dispatched from the site outside the hours of  07:00 – 19:00 Mondays to Fridays, 07:00 – 17:00 Saturdays nor at any time on Sundays, Bank or Public Holidays

Reason: To protect the occupants of nearby properties from noise disturbance.

Officers went on to inform the Committee that with regard to car parking provision, paragraphs 10.45 and 10.46 should state that 105 car parking spaces would be provided, rather than 92.

Officers referred to the recommended condition 9, on page 51, which should refer to Cole Green Lane rather than Coopers Green Lane and the section relating to footway and cycle way improvements should not be included as a direct access will now be provided to the west end of the site.

Mr D.Caruso (agent) spoke in support of the application.

Following discussion, it was proposed by Councillor T.Lyons seconded by Councillor S.Markiewicz and

RESOLVED:

(11 voting for and 2 against)

That planning permission be approved subject to referral to the Secretary of State, the completion of a S106 agreement, the conditions contained in the report and the following additional conditions:

1.    No machinery shall be operated and no process shall be carried out (except for office work) outside the hours of 07:00 – 19:00 Mondays to Fridays, 07:00 – 17:00 Saturdays nor at any time on Sundays, Bank or Public Holidays.

Reason: To protect the occupants of nearby properties from noise disturbance.

2.    No deliveries shall be taken or dispatched from the site outside the hours of 07:00 – 19:00 Mondays to Fridays, 07:00 – 17:00 Saturdays nor at any time on Sundays, Bank or Public Holidays

Reason: To protect the occupants of nearby properties from noise disturbance.

The development/works shall not be started and completed other than in accordance with the approved plans and details:

REASON: To ensure that the development is carried out in accordance with the approved plans and details.