URL: https://democracy.north-herts.gov.uk/ieDecisionDetails.aspx?ID=7240

Decision Maker: Planning Control Committee

Outcome:

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: RESOLVED: That Application 24/02455/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager, with the amendments to Condition 4, Condition 9, Condition 12, Condition 14, Condition 16, Condition 18, Condition 24, Condition 25 and Condition 27, the removal of Condition 10 and 11 and the addition of Condition 29, as follows:   ‘Condition 4   No development approved by this planning permission shall take place (including ground works or vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) should be informed by the 2024 Ecological Assessment and a pre-construction badger survey and include the following.   a)           Risk assessment of potentially damaging construction activities. b)           Identification of "biodiversity protection zones". c)           Practical measures to avoid or reduce impacts during construction. d)           The location and timing of sensitive works to harm to biodiversity features. e)           The times during construction when specialist ecologists need to be present on site to oversee works. f)            Responsible persons and lines of communication. g)           The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. h)           Use of protective fences, exclusion barriers and warning signs. i)             The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.   Reason: To minimise the impact of the construction process on the biodiversity and ecology of the site, in line with Policy NE2 and NE4 of the Local Plan.   Condition 9   A) No development approved by this permission shall take place/commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the Local Planning Authority in writing and in accordance with the programme of work as set out in the Archaeological Brief (P01/22/0709/3). The scheme shall include an assessment of archaeological significance and research questions; and:   1.           The programme and methodology of site investigation and recording. 2.           The programme and methodology of site investigation and recording as required by the evaluation. 3.           The programme for post investigation assessment. 4.           Provision to be made for analysis of the site investigation and recording. 5.           Provision to be made for publication and dissemination of the analysis and records of the site investigation. 6.           Provision to be made for archive deposition of the analysis and records of the site investigation. 7.           Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.   B) The development shall take place/commence in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved under condition (A).   C) The development shall not be occupied/used until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis and publication where appropriate.   Reason: To ensure the implementation of an appropriate archaeological investigation, recording, reporting and publication, and the protection and preservation of archaeological features of significance, in accordance with North Hertfordshire Local Plan Policy HE4 and Section 16 of the NPPF 2024.   Condition 12   No development approved by this permission shall take place until a Stage 1 Road Safety Audit (RSA) for the vehicle access proposals shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. Thereafter the recommendations, if any, shall only be carried out in accordance with the report.   Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policy 5 of Hertfordshire's Local Transport Plan 4 (adopted 2018).   Condition 14   All development shall be constructed in accordance with the submitted and approved Flood Risk Assessment (December 2021) and Drainage Strategy (dated 22 October 2024, REF 14855), plus any updates as required by Condition 7 unless otherwise first approved in writing by the Local Planning Authority.   Reason: To ensure the flood risk is adequately addressed and not increased in accordance with NPPF and Policies of North Herts Council.   Condition 16   Upon completion of the surface water drainage system, including any SuDS features, and prior to the first use of the development; a survey and verification report from an independent surveyor shall be submitted to and approved in writing by the Local Planning Authority. The survey and report shall demonstrate that the surface water drainage system has been constructed in accordance with the details approved pursuant to condition 7. Where necessary, details of corrective works to be carried out along with a timetable for their completion, shall be included for approval in writing by the Local Planning Authority. Any corrective works required shall be carried out in accordance with the approved timetable and subsequently re-surveyed with the findings submitted to and approved in writing by the Local Planning Authority.   Reason: To ensure the flood risk is adequately addressed, not increased and users remain safe for the lifetime of the development in accordance with NPPF and Policies of North Herts Council.   Condition 18   No development approved by this permission shall take place until a landscape and ecological management plan (LEMP) has been submitted to, and approved in writing by, the local planning authority. The content of the LEMP shall include the following.   a)           Description and evaluation of features to be managed. b)           Ecological trends and constraints on site that might influence management. c)           Aims and objectives of management. d)           Appropriate management options for achieving aims and objectives. e)           Prescriptions for management actions. f)            Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period). g)           Details of the body or organization responsible for implementation of the plan. h)           Ongoing monitoring and remedial measures.   The LEMP shall also include details of the legal and funding mechanism(s) by which the long term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.   Reason: To enhance biodiversity including any species and their habitats and in accordance with the NPPF and Policies NE4, NE12 and SP12 in the Local Plan.   Condition 24   No development approved by this permission shall take place until a Soil Management Plan has been submitted to, and approved in writing by, the local planning authority. The development shall thereafter be carried out in accordance with the approved details. The soil management plan shall include:   a)           Measures to protect soils during development with reference to the guidance found in Defra's Construction Code of Practice for the Sustainable Use of Soils on Construction Sites; b)           A works programme showing how all soil handling and trafficking operations will be undertaken and which makes allowance for poor weather/ ground conditions stoppages; c)           Details of how construction activities will be managed across the site to minimise impact on soils; and d)           Details of appropriate equipment and methods for stockpiling, respreading and ameliorating of soil compaction in accordance with good practice techniques to minimise the risk of soil compaction.   Reason: To protect soil quality and so enable the reinstatement of its agricultural land quality following the cessation of the solar farm use of the land in accordance with the NPPF, Defra Guidance and policy NE12 in the Local Plan.   Condition 25   Within the first planting season following the completion of construction works, the approved landscaping and biodiversity proposals to be approved shall be implemented in full.   Reason: To safeguard and enhance the appearance of the completed development and the visual amenity of the locality in accordance with policies NE4, NE12 and SP12 in the Local Plan.   Condition 27   Prior to the installation of any CCTV cameras, details of measures to restrict the camera movements around the boundary of the application site to prevent viewing towards residential properties shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the CCTV cameras shall be installed and retained in perpetuity in accordance with the approved details.   Reason: to protect the privacy of adjacent residential properties in accordance with Policy D3 of the Local Plan.   Condition 29   Before commencement of the development, a 'Construction Traffic Management Plan' shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan. The 'Construction Traffic Management Plan' must set out:   o      the phasing of construction and proposed construction programme. o      the methods for accessing the site, including wider construction vehicle routing. Page 21 o      the numbers of daily construction vehicles including details of their sizes, at each phase of the development. o      the hours of operation and construction vehicle movements. o      details of any highway works necessary to enable construction to take place. o      details of construction vehicle parking, turning and loading/unloading arrangements clear of the public highway. o      details of any hoardings and how visibility splays will be maintained. o      management of traffic to reduce congestion. o      control of dirt and dust on the public highway, including details of the location and methods to wash construction vehicle wheels. o      the provision for addressing any abnormal wear and tear to the highway.  waste management proposals. o      Provision of sufficient on-site parking prior to commencement of construction activities; o      Post construction restoration/reinstatement of the working areas and temporary access to the public highway; o      where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding and remaining road width for vehicle movements.   Reason: To minimise the impact of the construction process on the on local environment and local highway network in accordance with Policies 5, 12, 17 and 22 of Hertfordshire's Local Transport Plan (adopted 2018).’  

Date of Decision: July 24, 2025