PLANNING AND REGULATORY COMMITTEE 21st May 2019 PLANNING APPLICATIONS FOR DETERMINATION Item 1: 07/18/0461/O Location: Land at Delamare Road, Cheshunt, Hertfordshire, EN8 Description: Outline application with all matters reserved other than access for the demolition of existing buildings and structures and the redevelopment of the site for a residential-led mixed use development including basement parking and servicing comprising up to 1,853 apartments (Use Class C3 (Including elderly accommodation)), up to 19,051 sqm (GIA) of commercial and non-commercial floorspace including business (Use Class B1), retail (Use Classes A1, A2, A3 and A4) and community and leisure uses (Use Classes D1 and D2), a two form entry primary school, the creation of a new local centre plaza and link access from Windmill Lane, plus associated works for landscaping, flood attenuation, works to existing waterways, parking areas, pedestrian, cycle and vehicular routes Applicant: Cheshunt Lakeside Developments Ltd Agent: Montagu Evans Date Received: 28/03/2018 Expiry Date: 05/03/2019 Officer Contact: Peter Quaile Date of Committee: 21/05/2019 Ward Councillors: Cllr Mike Iszatt; Cllr Linda Russell; Cllr Penny Soteris RECOMMENDED that planning permission be granted subject to the planning conditions set out at the end of this report, a further condition limiting dwelling numbers in each land parcel, and the Applicant first entering into a planning obligation under s.106 of the Town and Country Planning Act 1990 [as amended] for the terms set out in this report. 1.0 Background 1.1 Members will recall that this application was presented to the Committee on 5th March 2019 when it was deferred for further consideration in the context of five matters on which the Committee sought additional information or clarification as set out below: (a) To resolve the disparities between the master plan, the computer generated images of the development and the scale parameter plan, particularly in relation to the east side of the development; A1 (b) To consider the potential for placing limitations on the amount of homes that can be provided within each land parcel; (c) To give more confidence to the Committee on the process that will be set out within the section 106 agreement to enable businesses to relocate and to provide new business space within the development; (d) To take legal advice on the ability of the section 106 agreement to include provisions that prevent the sale of homes for social rented housing to non-Broxbourne residents; (e) To provide an explanation of the implications for the development of meeting the Council’s Interim Parking Guidelines in full. 1.2 The five reasons for deferral are considered in turn below and the original report to committee of 5th March is reproduced in full at the end of this addendum report. 1.3 Since the presentation at the previous committee, no additional letters of representation have been received from residents or business occupiers. 1.4 Sport England has now withdrawn its objection in the context of the £630,000 planning obligation contribution towards sport and recreation facilities which has been agreed with the applicant. Sport England has requested that it is consulted in respect of the specific projects which are to benefit from this contribution, that there is phasing related to the level of occupancy of the development and that the sports facilities are delivered within a reasonable timescale. 2.0 Consideration of deferral matters 2.1 The first deferral point was: (a) To resolve the disparities between the master plan, the computer generated images of the development and the scale parameter plan, particularly in relation to the east side of the development. 2.2 Since the committee presentation, further discussions have taken place with the applicant who has submitted material intended to clarify the structure of the outline application. Analysis has been undertaken in respect of the supporting information in order to ascertain whether it addresses the precise matters highlighted by Members. The particular area of concern raised by the committee was the reliability of the visual information in relation to the quality of townscape which would result from the construction of the eastern green route and its flanking residential blocks. The illustrative masterplan shows the flats flanking the Regional Park to consist of ground and two upper floors while the flats which would face them across the green route would be ground and three upper floors. These storey heights are accurately reflected in the CGIs which were presented at committee. The intent of the illustrative masterplan is to set out for the Council one way in which the project could be implemented. It is clear from the submitted information that the proposal for up to 1853 residential units is capable of being accommodated within a development such as is shown in the illustrative masterplan. 2.3 The parameter plans which form part of the application for determination set maximum storey heights throughout the development, including the buildings along the eastern A2 boundary of the site [ground and three upper floors adjacent to the Regional Park and ground plus five storeys in the blocks which would face them across the green route]. The parameter plans relate directly to the visual impact study for the environmental statement and several of these verified views were set out in the original planning report to committee [pages A22 and A23]. In this way, the maximum visual impact has been mapped in key views around the site and from further afield. The original report considered that the effect on viewpoints would be acceptable and officers still maintain this to be the case. 2.4 For most areas of the proposed development, the height parameter plans are consistent with the master plan images. The only area where this is not the case is the eastern corridor where the height parameters could enable a significantly greater mass of development than has been presented through the master plan and the CGI’s - as set out above. Officers have proposed to address this disparity by placing limitations on unit numbers for each of the master plan land parcels as set out below. This approach has been agreed by the applicant. The effect of these limitations would be to ensure that the overall mass and density of development in each of these parcels would not differ significantly from the master plan and images that are being presented to members. 2.5 The second deferral issue was: (b) To consider the potential for placing limitations on the amount of homes that can be provided within each land parcel. 2.6 The Council’s concerns about the mass of development along the eastern corridor and the potential to ‘load’ particular parts of the site to the benefit of some landowners and the detriment of others prompted this reason for deferral. This matter was put to the applicant who has now responded with agreement to a planning condition which would put an upper limit on the residential unit numbers in each of the 19 parcels identified on the Masterplan Layout/ Use and Amount Parameter Plans as follows: Parcel 1 – 0 units Parcel 1A – 0 units Parcel 2 – 205 units Parcel 3 – 203 units Parcel 4 – 131 units Parcel 5 – 82 units Parcel 6 – 139 units Parcel 7 – 79 units Parcel 8 – 92 units Parcel 9 – 138 units Parcel 10 – 151 units Parcel 11 – 195 units Parcel 12 – 309 units Parcel 13 – 105 units Parcel 14 – 24 units Parcel 15 – 0 units Parcel 16 – 0 units Parcel 17 – 0 units Parcel 18 – 0 units Parcel 19 – 0 units Total - 1853 A3 2.7 These unit numbers accurately reflect the totals for each parcel set out in the illustrative Masterplan layout and its associated design code which will ensure a consistency of approach for the proposals contained within the outline application. It is suggested that the quantum of residential development per parcel is enshrined in a planning condition to ensure the proper planning of the site and equitable development opportunities throughout the project area. 2.8 The third deferral point was: (c) To give more confidence to the Committee on the process that will be set out within the section 106 agreement to enable businesses to relocate and to provide new business space within the development. Since the March committee, officers have agreed in brief the following Section 106 provisions with the applicant: 1. That the first reserved matters application for each of the four main phases is to be accompanied by an audit of businesses within that phase; 2. For phases 2, 3 and 4 that audit is to be submitted within one year of the grant of outline planning permission if, as expected, that is in advance of the first reserved matters application in respect of that phase; 3. That businesses which it is agreed can be appropriately located within the Cheshunt Lakeside development be offered appropriate premises to enable the continuous trading of those businesses; 4. That assistance be offered to those businesses that would not be appropriately located within Cheshunt Lakeside to re-locate – either elsewhere within the Borough or beyond. 2.9 It should be noted that these provisions would only apply to those owners that sign the section 106 agreement. That is expected to include the northern landowners (phase 3) but not the phase 4 landowners. 2.10 The applicant has proposed that this process will apply to all those businesses present within the development at the time of the submission of the outline planning application in 2018 but not to businesses that have subsequently taken space within the development on the basis that those arrangements are short term pending redevelopment.