jones lang lasalle incorporated former norton building

Former Norton Building, Welwyn

Garden City

On behalf of Anglodane (Welwyn) Ltd

Planning Statement

Jones Lang LaSalle Incorporated

May 2021

Contents

COPYRIGHT © JONES LANG LASALLE IP, INC. 2021. All Rights Reserved 2

Planning Statement

Introduction 3 The Site and Surroundings 6 Planning History 11 The Proposed Development 18 Planning Policy Context 20 The Case for Planning Permission 32 Planning Obligations 49 Benefits of the Proposal 50 Conclusions 53 Appendix 1 - Pre-Application Response (ref.6/2019/0591/PA) Appendix 2 - Pre-application Response (ref. 6/2019/2464/PA) Appendix 3 - Pre-application Response (ref. 6/2020/2438/PA)

Former Norton Building | Planning Statement


1. Introduction

Background

1.1 This Planning Statement has been prepared by the Jones Lang LaSalle (‘JLL’) Planning Team on behalf of

Anglodane (Welwyn) Ltd (‘the Applicant’) to accompany an application for full planning permission at the

Former Norton Building, 61 Bridge Rd East, Welwyn Garden City, AL7 1JR (‘the Site’). The Site is located

within the administrative boundary of Welwyn Hatfield Borough Council (‘WHBC’ or ‘the Council’).

1.2 The purpose of this Planning Statement is to clarify the nature of the application, to analyse it against the

relevant planning policy framework, to consider key material considerations and to demonstrate why full

planning permission should be granted for the proposed application.

1.3 The description of proposed development is as follows:

“Demolition of existing building and redevelopment of the site for Class C3 residential units with associated

car and cycle parking, amenity space and associated works”.

1.4 This Planning Statement:

Describes the planning application scheme;

Explains the form of the planning application and the status of the supporting information;

Examines and justifies the proposal against the relevant planning policy background;

Analyses the planning issues arising; and

Explains the benefits of the proposal

1.5 The planning application submission is accompanied by a comprehensive package of supporting

documents. In this document, reference will be made, where appropriate, to the conclusions and details

contained within these supporting documents.

1.6 The Planning Statement has been prepared following thorough examination of the relevant Development

Plan and other documents that may constitute a material consideration in the determination of the

planning application for the redevelopment of the Site.

Scope of Planning Application

1.7 This application for full planning permission comprises the following documents:



Document Author

Covering Letter JLL

Planning Application Form JLL

Certificate of Ownership and Agricultural Holdings Certificate JLL

Planning Policy Statement JLL

Drawing Pack including a Site Location Plan @1:1250 and a Site Block Plan @ 1:500 OSP Architecture

Design and Access Statement OSP Architecture

Statement of Community Involvement Cratus

Landscape Strategy (to be included within the Design and Access Statement) Huskisson Brown

Lighting Assessment RPS

Flood Risk Assessment, Conceptual Surface Water and Foul Drainage Strategy RPS

Financial Viability Assessment JLL

Transport Statement including Travel Plan Pulsar

Sustainability Statement Hodkinsons

Energy Statement Hodkinsons

Air Quality Assessment Phlorum

Noise Assessment ACA Acoustics

Geotechnical and Contaminated Land Assessment EAS

Heritage Significance Statement JLL

1.8 Payment of £35,003.00 also accompanies the application to cover the requisite planning application fee.

Report Structure

1.9 The report is structured as follows:

Section 2 – describes the Site and its surroundings;

Section 3 – summarises the planning history for the Site and its surroundings;

Section 4 – explains the proposed development;

Section 5 - outlines the planning policy context relating to the Site and the development;



Section 6 - evaluates the development against the relevant statutory Development Plan and other

material considerations;

Section 7 – details the planning obligations;

Section 8 – provides a summary of the benefits of the proposal; and

Section 9 - provides concluding thoughts, summarising the case for granting planning permission.



2. The Site and its Surroundings

Site Description

2.1 The Site is located within the administrative boundary of Welwyn Hatfield Borough Council (‘WHBC or ‘the

Council’). The Site is located in the settlement of Welwyn Garden City, which is located to the north of the

Borough.

2.2 The overall application Site is approximately 1.327 hectares (3.27 acres). The existing building is a 1930’s red

brick industrial building comprising a 4-storey block and two 5-storey towers that originally contained the

works of the Norton Grinding Wheel Company. Today, the majority of the building comprises vacant Class E

office floorspace while the ‘Norton Gym’ is accommodated on part of the ground floor. Surface car parking

is located to the front and rear for approx. 102 spaces.

2.3 The Site is relatively flat. A gentle slope runs from a high point to the north to a low point to the south with a

change in level of approximately 1 metre.

2.4 The Site is located on the northern side of Bridge Road East, close to the junction of Tewin Road and Bridge

Road East. The Site is bounded by B&Q to the immediate east and Go Plant Ltd to the north. Isabel Hospice

is located to the south, along with 51 Bridge Road East, a newly completed residential scheme by Taylor

Wimpey known as Maple Mews. A church and office accommodation are located along Tewin Road to the

west. Figure 2.1 below provides an aerial image of the Site.



Figure 2.1. Site Location (Source: OSP Architecture Design and Access Statement)

Access

2.5 The Site has dual vehicular access from Bridge Road East to the south and Tewin Road to the west.

2.6 There are three pedestrian accesses to the existing Site. The first is located to the west (off Tewin Road), the

second is located to the south off Bridge Road East, and the third is via a footpath on Bridge Road East that

runs to the rear of the Isobel Hospice Building.



Accessibility

2.7 The Site lies within a relatively short walking distance of the train and bus stations and the majority of the

town centre plus Bridge Road East is on a bus route to Hatfield and a number of neighbouring towns. The

Site is approximately 650m (a circa 11-minute walk) from Welwyn Garden City Station which provides

frequent services to Cambridge, London Liverpool Street and London Moorgate Stations.

2.8 A bus stop is located directly adjacent to the Site, on Bridge Road East, and provides frequent services to

Welwyn Garden City Station, St Albans and wider Hertfordshire. The town centre can be accessed directly via

pedestrian pathways along Bridge Road within 10 minutes. These factors would minimise the need for

resident vehicle journeys and will ensure safe and suitable access.

2.9 Welwyn Hatfield benefits from excellent road connections via the A1 which runs south to the M25 and the M1.

The A1 is accessed within a 10-minute drive from the Site.

2.10 In terms of international travel, the nearest airports are London Luton, located circa 9 miles north-west, and

London Stanstead, located circa 20 miles north-east.

Surrounding Area

2.11 The surrounding area comprises a mix of office, industrial, retail and commercial uses with residential

properties further south of Bridge Road East. There is no common vernacular, with development dating from

a wide range of periods. These buildings are typically surrounded by landscaping and surface car parking.

2.12 The surrounding town centre to the west is dominated by the Howard Centre, which is located circa 750m

from the Site. This shopping and entertainment complex has a floor area of approximately 230,000sqm and

opened in 1990. The new Aldi supermarket in Bessemer Road is within walking distance of the Site.

2.13 The area has been subject to residential redevelopment in recent years, including the redevelopment of

Mercury House, Accord House, 51 Bridge Road East (which has since been implemented and completed), the

Shredded Wheat Factory; and prior approval for the Norton Building. In addition, it should be noted that

Inspira House, a new residential scheme, is situated immediately to the east, having received prior approval

for 54 units and is now owned by the Council. A number of precedents are discussed in the following Chapter.

2.14 The wider area provides a wide range of amenities and green spaces to include Stanborough Park, Welwyn

Garden City Golf Club, Gosling Sports Centre and Campus West.



Site Designations

2.15 According to the WHBC District Plan Proposals Map (2005) (see Figure 2.2), the Site is located within a

designated Employment Area (EA1 – Welwyn Garden City Industrial Area). Emerging policy seeks to retain

this designation but also allocate the Site for residential which is not compatible with the continued

designation.

Figure 2.2. Extract from WHBC District Plan Proposals Map (2005)

2.16 The Site is located in Flood Zone 1 in accordance with the Environment Agency’s Flood Map for Planning

(2019) (see Figure 2.3). According to the Environment Agency’s Long-Term Flood Risk Map for England (2019),

the Site is at low risk of flooding from surface water.



Figure 2.3. Extract from the Environment Agency’s Flood Map for Planning (Gov.uk)

2.17 The Former Norton building is not listed, however is considered a ‘non-designated heritage asset’.

2.18 The Site is not located within a Conservation Area.



3. Planning History

Current Use

3.1 Currently the majority of the Site is vacant Class E office floorspace while the Norton Gym (also Class E) is

accommodated on part of the ground floor (in accordance with the Town and Country Planning (Use

Classes) Order 1987 (as amended).

Site Planning History

3.2 A review of the online planning history records held by WHBC has revealed a number of applications relating

to the Site. The most relevant planning history records have been summarised in Table 3.1, below.

Application Ref. Description of Development Decision / Date

6/2019/0018/PN11

Prior approval for change of use of the first, second and third floors from office (B1(a)) to residential (C3)

Granted 28th February 2019

6/2018/2924/COND

Submission of details pursuant to condition 1 (cycle spaces) and 4 (car parking spaces) on planning permission 6/2018/0543/FULL

Granted subject to conditions 9th January 2019

6/2018/0543/FULL

Change of use of existing mixed use commercial floorspace (combined Class B1, B2, and B8) to gymnasium and fitness centre (Class D2)

Granted 18th October 2018

N6/2013/1711/FP

Change of use from Use Classes B2 to gymnasium and fitness centre (Use Class D2)

Granted 6th November 2013

Table 3.1. Site Planning History

3.3 Planning permission for the change of use from general industrial (Use Class B2) to a gymnasium and fitness

centre (Use Class D2) was granted in 2013 (ref. N6/2013/1711/FP) and 2018 (ref. 6/2018/0543/FULL).

3.4 Prior approval was granted on 28 February 2019 for “change of use of the first, second and third floors from

office (B1(a)) to residential (C3)” (application ref. 6/2019/0018/PN11). This has established the principle of

residential on the Site.

Surrounding Planning History

3.5 Table 3.2 below details planning applications within the immediate vicinity of the site with particular

relevance to the proposed development.



Application Ref. Address Description of Development Decision / Date

6/2019/2714/OUTLINE One YMCA, 90 Peartree Lane, Welwyn Garden City, AL7 3UL

Outline planning application for a hybrid application for demolition of existing hostel, development of a four storey 100 bed YMCA Hostel (All details submitted for determination) and a 2, 3 and 4 storey building providing up to 43 residential apartments (All details retained for future determination as reserved matters, except means of access) with associated car parking and landscaping.

Pending (approved at Committee on 11th March 2021 subject to S.106)

6/2020/1067/MAJ Accord House, 28 Bridge Road East, Welwyn Garden City, AL7 1HX

Removal of roof and erection four storey extension, creating 30 x 1 bed flats and 4 x 2 bed flats and alterations to external appearance, provision of cycle parking and bin storage areas and amendments to car parking to provide disabled spaces.

Granted 18th November 2020

6/2019/2188/PN11 58B Bridge Road East, Welwyn Garden City, AL7 1JU

Prior approval for the change of use from office (B1) to residential (C3).

Granted 30th October 2019

6/2019/1835/PN11 Accord House, 28 Bridge Road East, Welwyn Garden City, AL7 1HX

Prior approval for the change of use the site and buildings from offices (use class B1a) to C3 residential, accommodating 17 dwellings.

Prior Approval Not Required 23rd September 2019

6/2018/2387/MAJ 37 Broadwater Road, Welwyn Garden City, AL7 3AX

Construction of new build of 22 x 2 Bedroom and 2 x 3 Bedroom residential apartments with balconies and a roof garden. Layout of 26 car parking spaces, cycle parking, refuse store, internal access routes, landscaping and supporting infrastructure.

Granted 18th July 2019

6/2017/2104/MAJ 51 Bridge Road East, Welwyn Garden City, AL7 1JR

Erection of 54 residential flats consisting of (19x 1 bed and 35 x 2 bed), with associated access, car parking, amenity space and landscaping involving demolition of existing office building (B1).

Granted 29th May 2019

6/2019/0108/PN11 29 Broadwater Road, Welwyn Garden City, AL7 3BQ

Prior approval for change of use from Offices (B1) to residential (C3) 72 Self Contained Flats

Prior Approval Required and Granted 29th April 2019



Application Ref. Address Description of Development Decision / Date

6/2018/0171/MAJ Former Shredded Wheat Factory, Welwyn Garden City, AL8 6UN

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 mM of health (Use Class D1), 497 mM of community use (Use Class D1), 883 mM of office (Use Class B1) and 590 mM 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 mM of flexible business floorspace (Use Class B1), 270 mM Combined Heat and Power (Sui Generis), 2,057 mM International Art Centre (Use Class D1), 1,235 mM Gymnasium (Use Class D2), 1,683 mM of restaurant/coffee shop/bar (Use Class A1/A3/A4/A5), Creche/Day Nursery (Use Class D1) of 671 mM as well as a Network Rail TOC Building (Use Class B1) of 360 mM; plus associated car parking, access, landscaping, public art and other supporting infrastructure.

Granted 15th February 2019

6/2018/2871/PN11 56 Bridge Road East, Welwyn Garden City, AL7 1JU

Prior approval for the change of use from office (B1) to residential (C3).

Prior Approval Required and Granted 08th January 2019

6/2017/1519/PN11 Inspira House, Martinfield, Welwyn Garden City, AL7 1GW

Prior Approval for change of use from office to residential for the creation of 54 dwellings.

Prior Approval Required and Granted 05th September 2017

6/2016/2648/PN11 58 Bridge Road East, Welwyn Garden City, AL7 1JU

Prior approval for a proposed change of use from office (Class B1) to residential (Class C3) to include the creation of 4 flats.

Prior Approval Required and Granted 10th February 2017

Table 3.2. Surrounding Planning History

3.6 It would appear from the surrounding planning permissions that numerous applications have been made

for residential schemes including prior approval for proposed changes of use from office to residential, new

build residential, extension of existing buildings to accommodate residential units and mixed-used

schemes.

3.7 This demonstrates that the area has undergone significant changes in terms of land use, with residential

becoming ever more prominent in the area.



Pre-application Discussions

3.8 Pre-application discussions have been held with the Council regarding redevelopment of this Site.

Summaries of these meetings are provided below.

Pre-application Meeting with WHBC – 12th June 2019

3.9 The first pre-application submission was made in March 2019. A meeting with the Local Planning Authority

followed on 12th June 2019 and formal written feedback was received after this meeting, dated 13th June

2019. See Appendix 1 for the Pre-Application Response (ref.6/2019/0591/PA).

3.10 This pre-application comprised the demolition of the existing building and redevelopment for 5 buildings

on the Site for a total of 134 apartments. Key comments received included the following:

- The Site remains within a designated employment area and it should be demonstrated that the Site is

no longer viable for employment use.

- The proposed development was considered acceptable in principle.

- The density of development on the site was considered ‘over-development’.

- The Norton Building may be considered a non-designated heritage asset and its demolition may be

contentious.

- Overlooking and residential amenity concerns were raised.

- The quality and quantum of amenity space was questioned - and confirmation was given that balconies

can contribute to amenity space (with a minimum size of 5sqm).

- A lighting strategy would be required to accompany any future planning applications.

- Buildings of 4-5 storeys would be acceptable.

- Due to the varied nature of neighbouring site uses, an acoustic report would be required for any future

planning applications.

- It was considered that car parking standards had been met based on 194 spaces (1.25 spaces for a 1-

bed apartment and 1.5 a 2-bedroom apartment).

- Cycle parking and motorcycle parking spaces will be required as well as electric vehicle charging points.

- 30% of units should be affordable.

Pre-application Meeting with WHBC – 4th December 2019

3.11 A second pre-application submission was made in November 2019 after which a meeting with the Local

Planning Authority followed in December 2019 and formal written advice was issued on 9th January 2020.

See Appendix 2 for the Pre-application Response (ref. 6/2019/2464/PA).



3.12 This pre-application concerned proposals for demolition of the existing building and a development of 4

buildings on the Site with a total of 134 apartments. The proposed residential buildings used the existing

building as a design cue. Feedback from the Council included the following key principles:

- The principle of the use of the Site for residential was accepted.

- High quality design is important.

- Reduced car parking ratios can be supported with evidence.

- There is a need for a mix of unit sizes. The proposal for 1, 2 and 3 bed apartments was welcomed.

- Notwithstanding advice to retain the existing building, the layout and quantum of open space was

considered acceptable.

- The visibility of surface car parking was raised as a concern, however it was recognised that the use of

mature planting could mitigate this.

- High quality landscaping is important to create a visually attractive setting in line with the Garden City

ethos.

- It was considered that the architectural design created a positive and coherent identity. Minor

comments related to the introduction of new materials to the site - which was not encouraged.

- Constraints, such as noise from neighbouring properties, will need to be considered and overcome.

- There is a need to consider the effects on the non-designated heritage asset.

- 20% of the apartments are required to meet Building Regulation Part M4(2).

Pre-application Meeting with WHBC – 22nd October 2020

3.13 A third pre-application was made in September 2020 and a meeting between the applicant and the Local

Planning Authority took place in October 2020. Formal written advice was issued by the Local Planning

Authority on 18th December 2020 and is summarised below. See Appendix 3 for the Pre-application

Response (ref. 6/2020/2438/PA).

3.14 This meeting related to heritage matters only. Maria Kitts at Place Services was instructed by the Council

to review the emerging proposals. It was suggested that any scheme proposing demolition would be

resisted in heritage terms without demonstration of necessity (e.g. economic viability exercise for

residential use) as without this evidence a given option could not be concluded as the only viable option to

promote.

3.15 A viability exercise was therefore completed, which assessed various development options for the Site. The

report considered and compared, in an open book format, the financial viability of residential-led

conversion of the non-designated heritage asset. In short, in considering whether the existing building can

be viably converted the following development options were considered:

- Part conversion (Prior Approval scheme);



- Full conversion with additional new build development;

- Full conversion, vertical extension and additional new build development;

- Demolition and comprehensive new build development (the proposed scheme).

3.16 In conclusion it was considered Option D (demolition of the existing building and erection of a new build

development) was the only feasible option. Retention of the existing building was not considered feasible.

The Local Planning Authority offered the following advice:

- The public benefits derived from the proposed development would need to outweigh the harm to the

non-designated heritage asset.

- Future development should reflect the existing building and its historical character.

- Any replacement building should be of a high architectural design, paying homage to the existing

building

- Existing fabrics should be re-used where possible.

- The proposals should be supported by a Heritage Statement.

Stakeholder Consultation

3.17 The Applicant has conducted its community consultation work in line with Welwyn Hatfield Borough

Council’s own Statement of Community Involvement (December 2013). Based on guidance received from

the Council’s Planning Officers it was deemed not be necessary to hold a public exhibition ahead of the

planning application being submitted due to the small number of residents living close to the Site.

However, Anglodane (Welwyn) Ltd did ensure that proactive pre-application engagement took place with

both the local Peartree Ward Councillors on Welwyn Hatfield Borough Council and amenity groups such as

the Welwyn Garden City Society and the Welwyn Garden City Heritage Trust.

- A virtual meeting with the Peartree Ward Councillors was undertaken on the 16th March 2021 to discuss

the proposals and seek comments and suggestions from the Councillors.

- A virtual meeting with Tony Grice and Clive Wilson (Welwyn Garden City Society) and Tony Skottowe

(Welwyn Garden City Heritage Trust) was undertaken on 13th April 2021.

3.18 Both meetings were hour long meetings which took place over Zoom and were attended by Jeremy

Richardson (Berwick Hill Properties Ltd), Asher Ross (JLL) and Duncan Flynn (Cratus Communications). The

meeting with the Peartree Ward councillors was also attended by Paul Dallain (OSP Architecture).

3.19 The design document was circulated to all parties in advance of the meetings in order to provide

background information on the proposals ahead of the meetings.



3.20 In addition to this engagement, a meeting invitation was issued to Cllr Stephen Boulton (Executive Member

for Planning, Welwyn Hatfield Borough Council) which was not responded to.

3.21 Based on the feedback received during the meetings the following amendments to the planning

applications were made:

- Closing off vehicular access to Tewin Road for all but cyclists, pedestrians and emergency vehicles.

- An amended and enlarged amenity space in the central area of the Site. This space will incorporate a

community outdoor gym, a low swing, play boulders, a log climbing frame and a seesaw.

3.22 Further stakeholder engagement will take place following the submission of the planning application.

Please refer to the Statement of Community Involvement (dated May 2021) by Cratus for further

information.



4. The Proposed Development

4.1 The submitted planning application seeks full planning permission for:

“Demolition of existing building and redevelopment of site for Class C3 residential units with associated car

and cycle parking, amenity space and associated works”.

4.2 The proposed development involves the demolition of the existing building for redevelopment into four

residential blocks (Class C3) as well as associated car and cycle parking, refuse storage, private and

communal amenity space and other works. Please see Figure 4.1 for the Proposed Site Layout Plan.

Figure 4.1 Proposed Site Layout (Source: OSP Architects)



4.3 Block ‘A’ is towards the eastern boundary and is the principle building seen when accessed via Bridge Road

East. It is of a rectangular shape, 4-storeys in height and comprises 62 residential units and a semi-

basement level for parking and cycle storage.

4.4 Block ‘B’ is located to the western side of the Site and is of a ‘L’ shaped footprint. The building is 4-storeys

in height and comprises 40 residential units.

4.5 Block ‘C’ is located to the centre of the Site and is of a ‘L’ shaped footprint. The building is part 3, part 4-

storeys in height and comprises 21 residential units. This block will accommodate the affordable units.

4.6 Block ‘D’ is located to the north of the Site and is of a square form. The building is 4-storeys in height and

comprises 15 residential units.

4.7 The development will comprise 40 no. 1-bedroom units, 91 no. 2-bedroom units and 7 no. 3-bedroom units,

providing a total of 138 residential units.

4.8 All units will have their own private balcony. In addition, a generous amount of open space is provided

alongside blocks A, B; and the largest communal space to the west between blocks B and D.

4.9 Pedestrian and vehicular access and egress will occur from the existing access on Bridge Road East and will

run through the centre of the Site. Pedestrian, cycle and emergency vehicular access will also be provided

from Tewin Road.

4.10 Pedestrian footpaths will wrap around most of the building, providing access to the amenity spaces and car

parks. The main pedestrian accesses will take place from a new footway (2 metres wide) proposed along

the access leading from Bridge Road East.

4.11 Car parking is located throughout the Site in the form of hardstanding on ground level and within the semi-

basement in block A. 162 car parking spaces are provided in total (this excludes 9 replacement spaces for

the hospice building).

4.12 Storage space will be provided for a total of 145 bicycles within dedicated stores around the Site and within

the semi-basement of block A.

4.13 Seven refuse and recycling stores are to be provided across the Site. All of these are located in a convenient

location to allow for easy collection from the internal roads.



5. Planning Policy Context

5.1 This section summarises relevant planning policy and other material considerations relating to the Site and

proposed development.

5.2 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning decisions to be made in

accordance with the development plan unless material considerations indicate otherwise. Section 38(5)

states that where there is a difference in policy then the most recently adopted policy takes precedence.

5.3 The Statutory Development Plan relating to the Site comprises:

- Welwyn Hatfield District Plan (2005) Saved Policies;

- The Hertfordshire Waste Local Plan (2012-2014); and

- The Hertfordshire Minerals Local Plan (2007)

5.4 Regard should also be had to the following material considerations:

- Welwyn Hatfield Local Plan - Proposed Submission (2016);

- The Government’s National Planning Policy Framework (NPPF, 2019);

- The Government’s National Planning Policy Guidance (NPPG, 2014 as amended); and

- Supplementary Planning Documents and Guidance

Welwyn Hatfield District Plan (2005)

5.5 The Welwyn Hatfield District Plan is the current adopted Local Plan and provides a framework for planning

decisions in the Borough. The Welwyn Hatfield District Plan was adopted in 2005. A number of policies have

been 'saved' until it is replaced by a Local Development Framework. Key policies of relevance will be

discussed in the table below.

Policy Reference Policy Summary

SD1 - Sustainable

Development

Development proposals will be permitted where it can be demonstrated that the principles of

sustainable development are satisfied and that they accord with the objectives and policies of

this plan. To assist the Council in determining this, applicants will be expected to submit a

statement with their planning application demonstrating how their proposals address the

sustainability criteria in the checklist contained in the Supplementary Design Guidance.

Policy R1 -

Maximising the

In order to make the best use of land in the district, the Council will require development to

take place on land which has been previously used or developed. Development will only be



Use of Previously

Developed Land

permitted on 'greenfield' land where it can be demonstrated that no suitable opportunities

exist on previously used or developed land.

Policy R2 -

Contaminated

Land

The Council will encourage proposals for the development and reuse of land which is or may

be contaminated. On such sites, applications must be accompanied by a full survey of the level

of contamination and proposals for remediation measures. In considering whether planning

permission should be granted, the Council will need to be satisfied that there will be no

unacceptable risk to health or the environment arising from the remedial works or the

proposed use of the site in relation to the type of contamination

Policy R3 - Energy

Efficiency

The Council will expect all development to Include measures to maximise energy

conservation through the design of buildings, site layout and provision of

landscaping; and incorporate the best practical environmental option (BPEO) for

energy supply.

Policy R7 -

Protection of

Ground and

Surface Water

Planning permission will not be granted for development which poses a threat to the quality

of both surface and/or groundwater. Where proposals are acceptable the use of sustainable

drainage systems will be encouraged, dependent on local site and underlying groundwater

considerations.

Policy R18 - Air

Quality

The Council will have regard to the potential effects of a development on local air quality when

determining planning applications. Consideration will be given to both the operational

characteristics of the development and to the traffic generated by it. Any development within

areas designated as Air Quality Management Areas must have regard to guidelines for ensuring

air quality is maintained at acceptable levels as set out in the Air Quality Strategy.

Policy R19 - Noise

and Vibration

Pollution

Proposals will be refused if the development is likely:

i. To generate unacceptable noise or vibration for other land uses; or

ii. To be affected by unacceptable noise or vibration from other land uses.

Planning permission will be granted where appropriate conditions may be imposed to ensure

either:

iii. An adequate level of protection against noise or vibration; or

iv. That the level of noise emitted can be controlled.

Proposals should be in accordance with the Supplementary Design Guidance.

Policy R20 - Light

Pollution

In order to minimise light pollution, external lighting scheme proposals, including

floodlighting, will only be approved where it can be demonstrated that all of the following

criteria can be satisfied:

i. The scheme proposed is the minimum needed for security and operational purposes

or to enhance the external appearance of the building to be illuminated;

ii. Glare and light spillage are minimised;

iii. The amenity of residential areas is not adversely affected;

iv. The visual character of historic buildings and conservation areas are not adversely

affected;



v. There would be no adverse impact on the character or openness of the countryside

and green belt;

vi. There would be no adverse effects on ecology and the natural environment including

wildlife; and

vii. There would be no dazzling or distraction of drivers using nearby roads.

Policy M1 -

Integrating

Transport and

Land Use

Development proposals, except for those which are necessary in rural areas, will be permitted

only in locations with accessibility to pedestrian and cycle routes and passenger transport

services, or where this can be created, and where the environment and infrastructure can

accommodate the amount and type of transport movement likely to be generated. In

considering development proposals, the Council will give priority to walking and more

sustainable modes of travel.

Policy M2 -

Transport

Assessments

Developers of major new traffic generating developments will be required to submit a

transport assessment with the planning application. This must demonstrate the measures to

be taken to minimise vehicular movements through improvements to passenger transport,

pedestrian, and cycling facilities and state whether new highways works or traffic

management measures will be required.

Policy M3 - Green

Travel Plans

All new development at or above the thresholds set out in HTCOA's guidance on 'Developing

a Green Travel Plan', should be supported by a Green Travel Plan. The implementation of

measures included in a Green Travel Plan will be secured through planning conditions, or a

Section 106 Agreement. The Council will also work with existing businesses to encourage the

adoption and implementation of Green Travel Plans in line with the guidance.

Policy M4 -

Developer

Contributions

Where development necessitates alteration to existing or the provision of new transport

infrastructure or services, permission will be granted only if those works are environmentally

acceptable and if the applicant agrees to meet, or where appropriate contribute to, the cost

of the works or services. Planning conditions or a Section 106 Agreement or other legal

agreement will be used to ensure the implementation of the works or obligations.

Policy M6 - Cycle

Routes and

Facilities

The Council will require proposals for new development to encourage cycling through the

inclusion of safe cycle routes and parking for cycles, and where appropriate secure waterproof

storage and changing and showering facilities for cyclists. New cycle routes should link with

existing or proposed cycle paths. Developers may be required to provide or contribute

towards off-site facilities and the overall planned cycle network.

Policy M14 -

Parking Standards

For New

Development

The Council will require parking provision for new development to be made in accordance

with the standards set out in the Council's supplementary planning guidance on parking.

These standards represent the maximum allowable provision, except for cycle parking and car

parking for disabled people where the standards represent the minimum allowable.

Policy D1 - Quality

of Design

The Council will require the standard of design in all new development to be of a high quality.

The design of new development should incorporate the design principles and policies in the

Plan and the guidance contained in the Supplementary Design Guidance.



Policy D2 -

Character and

Context

The Council will require all new development to respect and relate to the character and

context of the area in which it is proposed. Development proposals should as a minimum

maintain, and where possible, should enhance or improve the character of the existing area.

Policy D4 - Quality

of the Public

Realm

The Council will expect new development where appropriate to either create or enhance

public areas and the public realm.

Policy D5 - Design

For Movement

The Council will require all new development to take account of its impact on existing and

proposed movement patterns. New development will be required to make provision for

pedestrian, cyclist and passenger transport facilities. Parking and traffic management

provision must be included in new development.

Policy D8 -

Landscaping

All development, other than changes of use of buildings, should include landscaping as an

integral part of the overall design. This should reflect the strong tradition of urban landscape

design in the district.

Landscaping schemes will require the use of materials which respect the character of the area,

the planting of trees, hedgerows and shrubs and details of future maintenance. The retention

and enhancement of existing key landscape features such as trees and shrubs, ponds and

watercourses will be expected where feasible; where this is not possible, replacement planting

should be carried out.

The design of landscaped areas should be such that maintenance is straightforward. On larger

schemes, certain landscaped areas will be required to be designed in a manner capable of

adoption.

Policy IM2 -

Planning

Obligations

In order to satisfy the sustainability aims of the Plan and secure the proper planning of the

area, development will be required to provide for the infrastructure, services and facilities

which are directly related to it and necessary to the granting of planning permission.

Developers will be required to provide or finance the cost of all such provision which is fairly

and reasonably related in scale and kind to the development, including:

i. On-site facilities directly related to the proposed development in the interests of

proper planning and to mitigate any possible adverse environmental impact;

ii. Off-site improvements, services and facilities necessary as a result of the

development in order to avoid placing an additional burden on the existing

community and to mitigate any possible adverse environmental impact arising from

the development; and

iii. Affordable housing in accordance with Policy H7.



This will be implemented through planning conditions and obligations agreed between the

Council and developers under Section 106 of the Town and Country Planning Act 1990 and any

related or subsequent legislation.

Policy H2 -

Location of

Windfall

Residential

Development

The development of sites for over 10 units or 0.25 ha that are not listed in Policy H1 will not be

permitted if they would result in a significant oversupply of housing in the district. Exceptions

will be made in any of the following instances:

i. The development provides for local affordable housing needs or other clearly

identified local housing needs;

ii. The development would contribute to regeneration or the town centre strategies;

iii. The development comprises the conversion of an existing building;

iv. The development would achieve a clear environmental gain;

v. The development would assist in the construction or provision of improved

community facilities over and above those that would be required to support the

development itself.

Policy H6 -

Densities

The Council will require all residential developments of 5 or more dwellings to be built at

densities of 30 to 50 dwellings per hectare provided that the development will not have an

adverse impact on the character of the surrounding area and can satisfy the design policies of

the Plan.

In central areas and areas with good accessibility by modes of transport other than the car,

residential development will be expected to be close to or exceed 50 dwellings per hectare

provided that the development will not have an adverse impact on the character of the

surrounding area and can satisfy the design policies of the Plan.

Policy H7 -

Affordable

Housing

Within the towns and specified settlements, the Council will expect all proposals for

residential development on sites of 1ha or more, or with 25 units or more, to include the

provision of affordable housing to meet the needs of local people who cannot afford to occupy

dwellings generally available on the open market. The Council will therefore seek through

negotiation a proportion of affordable housing, which as a minimum should comprise 30%

subsidised housing, on each suitable site. The proportion, type and mix of affordable housing

will be based on information in the latest housing needs survey and the criteria in Section 10

of Circular 6/98.

Policy OS3 - Play

Space and

Informal Open

Space Provision in

New Residential

Development

Substantial new residential development (of 0.4 hectares or above) will be expected to make

a contribution to the provision of children's play space and informal open space, where the

increased demands generated by the new households cannot be met by current levels of

provision. The scale of any contribution will be in line with the number of new households in

the development, and the type of facility to be provided will be based on meeting NPFA

standards. Where new space is created it must be easily accessible by pedestrians and cyclists,

and be designed to be a safe and secure environment for all people using the facility.

Contributions will take the form of the direct provision of facilities on site or, where



appropriate, the payment of a commuted sum by the developer to facilitate the provision of a

facility elsewhere.

Policy EMP2 -

Acceptable Uses in

Employment Areas

Proposals for any other uses in the designated employment areas should generally be resisted

and will only be permitted where it can be clearly demonstrated that the existing land or

premises are no longer required to meet future employment requirements and business and

community needs. All such proposals will also be required to satisfy criteria (i) to (v) above and

other relevant policies of the Plan relating to the use proposed.

Table 5.1 Welwyn Hatfield District Plan (2005) Saved Policies

National Planning Policy Framework (2019)

5.6 The NPPF was updated in 2019 and sets out the Government’s overarching economic, environmental and

social planning policies in England and how these are expected to be applied. The NPPF does not change

the statutory status of the Development Plan as the starting point for decision making; however, it is a

material consideration for Local Planning Authorities (LPA) in the determination of planning applications.

5.7 The NPPF promotes sustainable development, a definition of which is set out in Paragraph 11. With regard

to the economic, social and environmental roles of the planning system, it reads as follows:

An economic role – contributing to building a strong, responsive, and competitive economy;

A social role – supporting strong, vibrant and healthy communities;

An environmental role – contributing to protecting and enhancing our natural, built and historic

environment.

5.8 Paragraph 38 of the NPPF encourages local planning authorities to work proactively with applicants to

secure developments that will improve the economic, social and environmental conditions of an area.

5.9 Paragraph 11 is a key part of the NPPF. It states that:

“Plans and decisions should apply a presumption in favour of sustainable development.

For decision-taking this means:

c) approving development proposals that accord with an up-to-date development plan without delay; or

d) where there are no relevant development plan policies, or the policies which are most important for

determining the application are out-of-date, granting permission unless:

i. the application of policies in this Framework that protect areas or assets of particular importance

provides a clear reason for refusing the development proposed; or



ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when

assessed against the policies in this Framework taken as a whole.”

5.10 Section 5 (Delivering a sufficient supply of homes) states that it is important that a sufficient amount

and variety of land comes forward where it is needed, that the needs of groups with specific housing

requirements are addressed and that land with permission is developed without unnecessary delay.

Paragraph 68 states small and medium sized sites can make an important contribution to meeting the

housing requirement of an area and are often built-out relatively quickly. To promote the development of

a good mix of sites local planning authorities should support the development of windfall sites through

their policies and decisions giving great weight to the benefits of using suitable sites within existing

settlements for homes.

5.11 Section 8 (Promoting healthy and safe communities) states planning decisions should take into account

and support the delivery of local strategies to improve health, social and cultural well-being for all sections

of the community; and guard against the unnecessary loss of valued facilities and services, particularly

where this would reduce the community’s ability to meet its day-to-day needs.

5.12 Section 9 (Promoting sustainable transport) states that significant development should be focused on

locations which are or can be made sustainable, through limiting the need to travel and offering a genuine

choice of transport modes. This can help to reduce congestion and emissions and improve air quality and

public health.

5.13 Section 11 (Making effective use of land) states that planning policies should give substantial weight to

the value of using suitable brownfield land within settlements for homes and other identified needs. Local

planning authorities should also take a positive approach to applications for alternative uses of land which

is currently developed but not allocated for a specific purpose in plans, where this would help to meet

identified development needs. In terms of densities, paragraph 123 states where there is an existing or

anticipated shortage of land for meeting identified housing needs, it is especially important that planning

policies and decisions avoid homes being built at low densities, and ensure that developments make

optimal use of the potential of each site.

5.14 Section 12 (Achieving well-designed places) gives great weight to outstanding or innovative designs

which promote high levels of sustainability or help raise the standard of design more generally in an area,

so long as they fit in with the overall form and layout of their surroundings.

5.15 Section 16 (Conserving and enhancing the historic environment) notes local planning authorities should

look for opportunities for new development within Conservation Areas and World Heritage Sites, and within

the setting of heritage assets, to enhance or better reveal their significance. Proposals that preserve those



elements of the setting that make a positive contribution to the asset (or which better reveal its significance)

should be treated favourably.

National Planning Practice Guidance (2019)

5.16 The National Planning Practice Guidance was published in March 2014 (since revised in 2018) and is a web-

based resource for all material relating to planning. The guidance and policies published here form a

material consideration for any planning application decision.

5.17 The National Design Guide, updated in 2021 is part of the suite of guidance. It solidifies an expectation for

high quality buildings and places and sets out how this can be achieved as well as best practices.

Welwyn Hatfield Local Plan – Proposed Submission (2016)

5.18 The Local Plan was submitted for examination on 15 May 2017 and is still currently under independent

examination, with Stage 9 Hearing Sessions having recently been conducted. The Plan sets out 13

objectives for the Borough which form the strategic vision for development up to 2032. The key relevant

policies are detailed below.

Policy Reference Policy Summary

Policy SP1 -

Delivering

Sustainable

Development

That the location of new development should deliver a sustainable pattern of development

which prioritises previously developed land; minimises the need to travel by directing growth

to those areas with good transport networks and which are well served by jobs, services and

facilities; protects areas of highest environmental value; and avoids areas of high flood risk.

Policy SP2 -

Targets for Growth

The Council will make provision for the delivery of the following scale of uses between 2013

and 2032 - 12,000 net additional dwellings.

Policy SP4 -

Transport and

Travel

The Council will seek to support both planned growth and existing development with

appropriate transport infrastructure, with the emphasis on promoting the use of sustainable

modes of travel and on improving safety for all highway users.

Policy - SP7 Type

and Mix of Housing

Housing mix: Proposals for 11 or more new dwellings should demonstrate how the mix of

tenure, type and size of housing proposed on sites will reflect the council's latest evidence of

housing need and market demand and contribute towards meeting the varied needs of

different households including single person households, couples, families with children,

older people, people with disabilities and people wishing to build their own homes. For larger

sites, there should be a greater opportunity to deliver a broader mix.

Affordable Housing: As part of the overall housing target, a proportion of new homes built in

the borough will be for affordable housing. Subject to viability, affordable housing will be



sought on the following basis (for residential or residential-led mixed use schemes): Welwyn

Garden City - 30%, 11 new dwellings or a site of 0.5ha or more.

Accessible and Adaptable dwellings: At least 20% of all new dwellings on sites involving 5 or

more new dwellings will be required to meet Building Regulations Part M4(2) standards for

'accessible and adaptable dwellings' (or as subsequently amended), the delivery of which

should be distributed across market and affordable tenures(35). This proportion may be

varied where a proportion of dwellings are proposed to meet Part M4(3) standards for

'wheelchair user dwellings' (or as subsequently amended).

Policy SP8 - The

Local Economy

The Council will resist the loss of Class B uses within designated employment areas. The

supply of land for industrial, office and warehousing uses will be protected against changes

of use for other purposes.

Policy SADM10 –

Employment

Development

Welwyn Garden City Employment Area (Use Classes B1, B2 and B8)

The council will seek to maintain designated employment areas as set out on the policies map

for Class B and associated land uses. Proposals that result in a loss of land from Class B uses

to another use will only be permitted where:

iii. It can be demonstrated through active, extensive and realistic marketing over a period of

three years that the land or premises are no longer required to meet future employment land

needs and that there is a lack of demand for the land or premises in that location;

iv. The proposed use is compatible with neighbouring uses and, where applicable, would not

prejudice the continued use of neighbouring land for employment; and

v. In accordance with Policy SP 8, they provide facilities that are supportive Class B uses.

Policy SP9 - Place-

making and High-

Quality Design

All proposals will be required to deliver a high-quality design that fosters a positive sense of

place by responding to principles concerning legibility, permeability, public space provision,

responsiveness to the surrounding character and context, space for nature and safety.

Policy SADM11 -

Amenity and

Layout

All proposals will be required to create a good standard of amenity for buildings and external

open space in line with the Council’s Supplementary Design Guidance.

All proposals for C3 dwellings will be required to meet the Nationally Described Space

Standard, unless it can be robustly demonstrated that this would not be feasible or viable.

Policy SADM12 -

Parking, Servicing

and Refuse

Vehicle and cycle parking provision within development proposals will be informed by the

standards set out in the Council’s parking standards.



Policy SP10 -

Sustainable Design

and Construction

The Council will support proposals that adopt sustainable design and construction principles

demonstrated via a Sustainable Design Statement.

Policy SADM13 -

Sustainability

Requirements

All major development proposals must demonstrate that they have sought to maximize

opportunities for renewable and low carbon sources of energy supply. Newly constructed

dwellings will be required to reduce demand on mains water supply.

Policy SADM18 -

Environmental

Pollution

When considering development proposals, the Council will adopt the approach set out below

to ensure that pollution will not have an unacceptable impact on human health, general

amenity, critical environmental assets or the wider natural environment.

Policy SP13 -

Infrastructure

Delivery

Developers will be required to contribute to the reasonable costs of enhancing existing

infrastructure or providing new physical, social and green infrastructure, required as a result

of their proposals, through either financial contributions (including planning obligations or

the Community Infrastructure Levy (CIL)), or by direct provision of such infrastructure on-site

within the development.

Table 5.2 Welwyn Hatfield Local Plan – Proposed Submission (2016)

Local Plan Representations

5.19 The submitted Draft Local Plan sets a Borough-wide housing target of 12,000 dwellings between 2013 and

2032. This overall target was phased across the plan period at a rate of 498 dwellings per annum from

2013/14 to 2021/22, rising to 752 dwellings per annum from 2022/23 to 2031/32. However, at the Stage 2

Hearing Sessions, the Inspector indicated the need for modifications to the Plan to increase this target,

therefore this is likely to be higher going forward. We understand the Council is still working to agree a

revised target.

5.20 It was therefore recognised that the Draft Local Plan as submitted does not make sufficient provision to

meet the full objectively assessed need for housing and as part of the examination, the Council has been

asked to explore if further provision could be made to address the housing shortfall. WHBC sought

additional sites across to the Borough to meet housing need and provide a sustainable five-year housing

land supply. For some time, the application Site has been promoted for inclusion in the Local Plan as a

residential site. The Site was submitted via the ‘Call for Sites’ process and has since been included as a

proposed additional site allocation for residential (site reference. Pea97).

5.21 Subject to confirmation by the Inspector, the Site will be allocated in the Local Plan for residential

development. There are minor differences in terms of the numbers of units that the parties consider

appropriate to be delivered on the Site. The Council has used a rule of thumb assessment and considered

that around 122 new homes could be delivered on the Site, whilst the planning application will be for 138

new homes.



5.22 As part of the Draft Local Plan 2016 (Site Allocations) 2020 Stage 9 Hearing Sessions, an email from the

Council’s Planning Policy Officer (dated 25th February 2021) stated ‘I will be following our written statement

and seeking to demonstrate to the Inspector the site is both available and achievable – within the first 5 years

of the plan period. I have read your Statement, I would suggest we are aligned on the points the Inspector has

raised to date… As is the case with several of our allocations, the capacity proposed by you is higher than that

identified by the Council (HELAA 2019 Assessment x21). Should I be asked, I intend to say our allocation would

not prevent a scheme for more homes on the site coming forward if it could be demonstrated that the various

requirements could be accommodated and no demonstrable harm would be caused.’

Annual Monitoring Report 2019-20 (January 2021) (AMR)

5.23 The AMR reports on the development progress in the Borough between 1 April 2019 and 31 March 2020.

5.24 The AMR notes that against the standard methodology, the Borough has a housing land supply of 2.58 years.

Whilst this is below the national 5-year requirement, until the Draft Local Plan advances further towards

adoption and allocated sites are able to be included in the supply, the Borough is unlikely to be able to meet

this requirement.

5.25 During the 2019/20 monitoring year, 673 net new housing units were completed, including 671 C3 dwellings

and 2 C2 dwelling equivalents. Total net completions were above (35%) the Draft Local Plan target of 498

dwellings per annum for the first part of the plan period, as set out in the Council’s submitted Local Plan.

However, this target is in the form of an average and higher numbers are required to make up under delivery

in previous years. Looking across the Draft Local Plan period on which the target was set to date (2013/14

– 2019/20), completions have averaged 477 per annum, 4% below the target of 498. Although this target is

likely to be increased.

Welwyn Hatfield District Council Planning Obligations Supplementary Planning Document

(February 2012)

5.26 The Planning Obligations SPD expands on policy IM2 (planning obligations) of the Welwyn Hatfield District

Plan (adopted 2005), and provides detailed guidance on the type and scale of planning obligations sought

in the Borough, in addition to setting out the Council's approach to securing planning obligations, with the

aim of establishing a transparent, fair and consistent process for negotiating and monitoring planning

obligations.

Welwyn Hatfield District Plan Supplementary Planning Guidance (January 2004) and Interim

Policy for Car Parking Standards and Garage Sizes (August 2014)



5.27 Government guidance no longer requires councils to set maximum car parking standards. Evidence

indicates that such standards no longer meet current patterns and complexities of modern car ownership.

The Council has therefore agreed to treat its existing car parking standards, set out in the Parking Standards

Supplementary Planning Guidance, as guidelines rather than maximums.

Welwyn Hatfield District Plan Supplementary Design Guidance (February 2005)

5.28 This design guidance has been written to provide guidance on the design and layout of all new development

in the Borough to supplement the policies contained in the District Plan.



6. The Case for Planning Permission

Introduction

6.1 This section considers the key matters relating to the proposed uses in the context of relevant planning

policy, as well as material considerations. It is important to emphasise that Section 38(6) of the Planning &

Compulsory Purchase Act 2004 states that applications must be determined in accordance with the relevant

Development Plan, unless material considerations indicate otherwise. Section 39 of the Act requires

decision makers to exercise their functions with the objective of contributing to the achievement of

sustainable development.

6.2 This section of the statement addresses the principle of development and provides summary details on the

development control considerations that have informed the scheme design.

WHBC’s Housing Land Supply

6.3 The supply of available and deliverable sites for housing within the Borough is a material consideration in

determining the weight to relevant policies for the supply of housing.

6.4 Paragraph 11 is a key part of the NPPF. It states that for decision taking, where the policies which are most

important for determining the application are out-of-date, permission should be granted unless: other

policies provide a clear reason for refusal; or, any adverse impacts of doing so would significantly and

demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a

whole. Footnote 7 of paragraph 11 d) states:

“This includes, for applications involving the provision of housing, situations where the local planning

authority cannot demonstrate a five year supply of deliverable housing sites (with the appropriate buffer, as

set out in paragraph 73); or where the Housing Delivery Test indicates that the delivery of housing was

substantially below (less than 75% of) the housing requirement over the previous three years.”

6.5 WHBC have identified a housing land supply of 2.58 years, significantly below the national 5-year

requirement. The Council cannot demonstrate a five-year supply of housing land as required by the NPPF,

as such the policies which are most important for determining the application are considered out of date

(tilted balance) and the tests set out in paragraph 11d (see paragraph 6.54) must be applied.

6.6 The materiality of housing undersupply must therefore be given greater weight in decisions and the delivery

of housing is an important objective in keeping pace with household growth and meeting housing targets.



The main consideration for this proposal is whether the harm identified is outweighed by the benefits

associated with this scheme which will be considered further in Chapter 8.

Principle of Residential Use

6.7 The proposed scheme seeks to deliver a total of 138 dwellings. The NPPF emphasises the importance of

significantly boosting housing supply. Chapter 5 states that “it is important that a sufficient amount and

variety of land can come forward where it is needed, that the needs of groups with specific housing

requirements are addressed and that land with permission is developed without unnecessary delay.”

Moreover, Section 11 gives substantial weight to the value of using brownfield land to deliver housing.

6.8 There is a substantial requirement for further housing provision in the Borough, therefore a residential

scheme should be considered acceptable from a strategic policy perspective. Current District Plan Policies

H1 (New Housing Development), H2 and EMP2 and are the most important to the determination of this

application as they address matters of principle for development of this nature. However, it has been

established that in the absence of a 5-year housing land supply they are out of date and the weight to be

afforded to them is substantially diminished.

6.9 The submitted Draft Local Plan Policy SP2 (Targets for Growth) sets a Borough-wide housing target of 12,000

dwellings between 2013 and 2032. This overall target was phased across the plan period at a rate of 498

dwellings per annum from 2013/14 to 2021/22, rising to 752 dwellings per annum from 2022/23 to 2031/32.

However, at the Stage 2 Hearing Sessions, the Inspector indicated the need for modifications to the plan to

increase this target. The Draft Local Plan as submitted does not make sufficient provision to meet the full

objectively assessed need for housing and as part of the examination, the Council was asked to explore if

further provision could be made to address the housing shortfall. Importantly, the application Site has been

identified as a proposed additional site allocation for residential (site reference. Pea97) in the Draft Local

Plan for 122 units. Until the Draft Local Plan advances further towards adoption and allocated sites are able

to be included in the supply, the Borough is unlikely to be able to meet its 5-year housing land supply

requirement.

6.10 A significant amount of housing will therefore be required over the upcoming plan period. Paragraph 67 of

the NPPF requires that local authorities have a clear understanding of land available in their area and

identify a sufficient supply and mix of sites. It requires planning policies to identify a supply of specific and

deliverable sites. Redevelopment of the Site will contribute to meeting this overarching need.

6.11 It should be noted Draft Local Plan Policy SP1 (Delivering Sustainable Development) states that the location

of new development should deliver a sustainable pattern of development which prioritises previously

developed land; minimises the need to travel by directing growth to those areas with good transport

networks and which are well served by jobs, services and facilities; protects areas of highest environmental



value; and avoids areas of high flood risk. The Site is located on a brownfield site on Bridge Road East. The

Site is approximately 650m away (a circa 11-minute walk) from Welwyn Garden City Station which provides

frequent service to Cambridge, London Liverpool Street and London Moorgate Stations. A bus stop is

located directly adjacent to the Site, on Bridge Road, and provides frequent services to Welwyn Garden City

Station, St Albans and wider Hertfordshire. The town centre can be accessed directly via pedestrian

pathways along Bridge Road within 10 minutes. These factors would minimise the need for resident vehicle

journeys and will ensure safe and suitable access. Moreover, the Site is not within an area of high

environmental value and is within Flood Zone 1.

6.12 The Borough is located entirely within the Green Belt, apart from those towns and villages already excluded.

Planning for new homes requires a balance to be struck between seeking to maximise the use of land in

urban areas and minimise the need for Green Belt sites to be released and developed. This Site will protect

future development on Green Belt whilst contributing to much-needed housing need. The scheme would

therefore optimise the use of this previously developed land and make a significant contribution towards

housing delivery in line with saved Policy R1 (Maximising the Use of Previously Developed Land) and the

Draft Local Plan. It is considered that residential use on this Site is wholly supported by policy by virtue of

its size, accessibility and location, notwithstanding the overarching need in the Borough.

6.13 Overall, the proposal responds positively to the lack of a five-year housing land supply within WHBC which

is currently extremely low at 2.58 years, but the identified need for both market and affordable housing of

varying unit types. The scheme is a positive development which brings back into use a favourable

brownfield site, protecting the release of greenbelt and providing urban greening to the Site and wider area.

The Council have already identified and support allocation of the Site for residential. The Site is within an

extremely sustainable location, close to key transport links and the town centre. Subject to complying with

the key development parameters below, the ‘presumption in favour of sustainable development’ applies in

our case and the balance is tilted in favour of granting planning permission.

Loss of Employment Use

6.14 Paragraph 120 of the NPPF encourages a positive approach to alternative uses of land to reflect demand.

Policies and decisions should be informed by regular reviews of both the land allocated for development in

plans, and of land availability. Where the Local Planning Authority considers there to be no reasonable

prospect of an application coming forward for the use allocated in a plan, they should, as part of plan

updates, reallocate the land for a more deliverable use that can help to address identified needs (or, if

appropriate, deallocate a site which is undeveloped).

6.15 The Site is located within a designated employment area (EA1 – Welwyn Garden City Industrial Area). Policy

EMP2 of the District Plan (2005) states that proposals for uses other than Classes B1, B2 and B8 in designated



employment areas should be resisted unless it can be demonstrated that the existing land or premises are

no longer required to meet future employment requirements and business or community needs.

6.16 It is noted that the building has been largely vacant for approximately 17 years. Moreover, application ref.

6/2019/0018/PN11 was granted on 28th February 2019 for change to residential use. Feedback from the

first pre-application meeting and subsequent meetings in relation to this proposal indicated that the

Local Planning Authority considers that employment use has effectively ceased and that the principle of

the land and building being in residential use has been established.

6.17 The first pre-application meeting with WHBC (dated 12th June 2019) discussed loss of the existing use. WHBC

acknowledged that, the building has been largely vacant for approximately 17 years and, an application for

prior approval for the change of use of the Norton Building to residential use, reference: 6/2019/0018/PN11,

was granted in February 2019. This was for the change of use of the first, second and third floors from office

B1 (a) use to residential C3 use to provide 59 units – 3 x 1 bed flats and 56 x 2 bed flats, with 101 car parking

spaces. ‘It is therefore considered that, the employment use of the building has, on balance, effectively ceased.

By virtue of the site having received prior approval for the conversion of the existing building to residential use,

the principle of the land and building being in a residential use has been established.’

6.18 The second pre-application (dated 4th December 2019) meeting confirmed ‘it is noted that at ground floor

there is currently a gymnasium and fitness centre (Class D2) in operation. Notwithstanding this, by virtue of the

site having received prior approval for the conversion of the existing building to residential use at first, second

and third floor in February this year, the principle of residential use has therefore been established within the

majority of the building. The loss of the gymnasium to residential use was subsequently considered acceptable

in principle.’ The Council considered that comprehensive redevelopment of the Site would provide added

benefits by way of further housing delivery, high-quality design and affordable housing provision that would

not be possible through the implementation of the fall-back prior approval scheme.

6.19 In light of the above, it is considered that the proposed development allows for a high quality residential-

led scheme, which replaces the existing vacant and underutilised employment floorspace and makes more

efficient use of brownfield land for local housing needs should therefore be considered favourably.

Development Parameters

Design, Layout and Appearance

6.20 Saved Policy D1 (Quality of Design) states the Council will require the standard of design in all new

development to be of a high quality. The design of new development should incorporate the design

principles and policies in the Plan and the guidance contained in the Supplementary Design Guidance.



6.21 The scale of the proposal will reflect the history of the Site and pay homage to the existing building which

historically was a mixture of 1, 2, 3 and 4-storey buildings. Some storeys of the Norton Building were also

raised above ground level by a further half storey and the two existing towers are 5-storeys in height. Taking

into account the semi basement this gives a maximum existing height of 5.5 storeys which equates to 23.2

metres above external ground level.

6.22 The proposed height of the tallest building on Site would be 4.5 storeys which equates to 16.7 metres above

external ground level. Elsewhere on-site building heights are generally 4-storeys with a small portion at 3-

storeys alongside single storey bin and bike stores. The tallest built form would be located to directly

correlate with the tallest portion of the existing Norton Building with two ‘towers’ in similar positions to the

existing towers.

6.23 The majority of the apartments will overlook onto two large amenity spaces. The design of the apartment

buildings has been carefully considered in relation to the other blocks and the relationship to the

neighbouring sites. The scheme layout has been designed to reflect this relationship and to ensure that

good quality living conditions are secured for future residents without affecting the ability of the

neighbouring site to continue to operate.

6.24 In terms of the proposed appearance, the architecture of the existing building was examined and various

characteristics identified. These characteristics included:

- A vertical emphasis to the main brick structure;

- A horizontal emphasis to window frames;

- Entrances highlighted with pared back brick detailing;

- Flat roofs which are unseen;

- Block building forms;

- Towers capped with brickwork with a horizontal emphasis;

- Large punched openings for windows creating a strong rhythm of repeated openings;

- Little or no celebration of the base and head of walls;

- A limited palette of materials consisting primarily of brick and metal framed windows and roofs unseen

from the public realm.

6.25 The Design and Access Statement by OSP Architects illustrates how these design principles have been used

as cues for the architectural language of the buildings proposed on Site. A simple palette of high quality

materials is proposed to reflect the limited materials already established on site, this includes red multi

stock brick to walls and the same brick used for brick detailing to soldier courses and cills, grey membrane

roof, white windows and grey entrance doors.



6.26 The scheme certainly improves and enhances the character of the existing area in accordance with saved

District Policies D1 and D2 (Character and Context). For further details please refer to Design and Access

Statement by OSP Architects.

Heritage

6.27 A Significance Statement has been prepared by JLL Heritage in support of the application. This study

analysed the architectural and historic significance of the building and assessed the building based on the

principles of selection as below:

- Age and Rarity - The Norton Building is an incomplete example of a 1930s factory. There are numerous

examples which better demonstrate the innovative planning principles which were being implemented

at this time.

- Aesthetic Merit – The aesthetic merit of the building has been significantly diminished through the

substantial demolition works, meaning there is only a limited understanding of how the building

functioned as a 1930s factory.

- Selectivity - Only a fragment of the Norton Factory still exists and only a limited appreciation of the

innovative Welwyn Garden City planning principles the factory was originally built to. There are far

better and more complete examples which demonstrate the styles and principles of 1930s factories, for

these reasons the building is not of the high quality necessary to warrant statutory listing.

- National Interest – The building does not display the same level of historic interest or architectural

innovation when compared to other 1930s industrial buildings, as above, is not considered to be of the

interest necessary to warrant statutory listing.

- State of Repair - What remains of the Norton Factory is in a poor state of repair and is not of the high

quality necessary to warrant statutory listing.

- Integrated Sites - A large section of the Norton Factory was demolished in the 1980s. Without this

section of the plant there is no appreciation of how the factory previously functioned, undermining the

understanding of the site.

- Architectural Display - The factory does not display innovative style or design, unlike many of its

contemporaries, who built iconic facades to attract attention for the business.

- Regional Factors - Norton Abrasives Ltd. was founded in America and this English branch was an

expansion of the company. The factory was not rare or unusual in typology or emblematic of /

synonymous with an industry typifying Welwyn Garden City.

- Machinery - No machinery exists within the building.

- Historic Interest - The building holds a loose historic association with WWII due to the role it played in

the war effort, as most industrial buildings did during the period. The company was designated as a key

industry and was taken over by a British Management company. However, this is not unusual or of

enough interest to warrant listing.



6.28 The study concluded the building to be of limited localised significance and its loss should therefore be

assessed in accordance with paragraph 197 of the NPPF and the wider planning or public benefits derived

from the delivery of a proposed scheme.

6.29 Paragraph 197 of the NPPF states ‘the effect of an application on the significance of a non-designated heritage

asset should be taken into account in determining the application. In weighing applications that directly or

indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the

scale of any harm or loss and the significance of the heritage asset.’

6.30 As the building is identified as a non-designated heritage asset, in line with paragraph 197 of the NPPF, the

effect of a development on a non-designated heritage asset should be based on the scale of any harm and

loss and the significance of the heritage asset. This requires a balanced judgement to be made and,

importantly, when an application is submitted for demolition and redevelopment, it must be demonstrated

that there are no other means through which the benefits derived from the proposals could be delivered.

This has been justified through the viability exercise (see Chapter 3) which was presented at pre-application.

6.31 A viability exercise was completed in September 2020, which assessed various development options for the

building. The report considered and compared, in an open book format, the financial viability of a

residential-led conversion against redevelopment. In short, in considering whether the existing building

can be viably converted, the following development options were considered:

- Part conversion (Prior Approval scheme);

- Full conversion with additional new build development;

- Full conversion, vertical extension and additional new build development;

- Demolition and comprehensive new build development

6.32 It was concluded that all the conversion-based options result in a negative residual land value. Once

considered against the adopted Benchmark Land Value the total deficit for these options is considerable.

The value of the property in its Existing Use (ground floor only) is positive and therefore financially viable.

However, this would neither see the restoration of the property nor provide the housing numbers and

significant benefits that a redevelopment would deliver. Demolition and new build development was

therefore considered to be the only deliverable option.

6.33 This review was independently assessed by Aspinall Verdi on behalf of the Council, who agreed with our

assessment stating “Based on our review of the Applicant’s viability assessment and analysis of the proposed

development options, we conclude that the only scheme which can viably provide any affordable housing

contribution is Option D. Despite favourable adjustments to the inputs of the Prior Approval, Option A and

Option B scheme appraisals, the residual values generated by each scheme remained insufficient to cover the

benchmark land value.” (Aspinall Verdi’s Financial Viability Assessment, December 2020).



6.34 The proposal seeks to redevelop the Site as opposed to converting the Site under permitted development.

This provides a much better quality of accommodation in terms of layouts, no overlooking, in accordance

with space standards and provides benefits in the form of affordable housing and provision of amenity

space.

6.35 In addition, a step by step approach to development has been undertaken and is set out in the issues and

options, forming part of the Design and Access Statement. There are key social, economic and

environmental benefits to the proposal which clearly outweigh any harm to the heritage (see Chapter 8).

Density

6.36 NPPF Chapter 11 states that planning policies and decisions should “promote and support the development

of under-utilised land and buildings, especially if this would help to meet identified needs for housing where

land supply is constrained and available sites could be used more effectively.”

6.37 In central areas and areas with good accessibility by modes of transport other than the car, residential

development will be expected to be close to or exceed 50 dwellings per hectare provided that the

development will not have an adverse impact on the character of the surrounding area and can satisfy the

design policies of the Plan (Saved Policy H6 Densities).

6.38 The Site measures 1.33ha in area. 138 units would provide an overall density of approx. 104 units per

hectare. A number of pre-application discussions have been undertaken with Officers and substantial

design work has taken place to ensure the density is appropriate, this has included:

- Utilising the design of the existing building to inform the overall development of the site in terms of

location, form and massing of the development;

- Ensuring a diverse mix of units can be provided;

- Increasing distances and the relationship between neighbouring buildings;

- Ability to provide increased, useable amenity space.

6.39 It has been acknowledged by the Council and Officer’s during pre-application meetings on adjacent sites

that the surrounding pattern of development forming has recently accepted an increase in units per

hectare. In 2019, pre-application response (ref.6/2019/0591/PA) stated density was an average of 85 units

per hectare (as in application 6/2017/2104/MAJ approved in 2018). Recent permissions have further

increased this, including Accord House (ref. 6/2020/1067/MAJ) with a density of 250 units her hectare.

6.40 It is important to note that the NPPF, paragraph 123 notes ‘Where there is an existing or anticipated shortage

of land for meeting identified housing needs, it is especially important that planning policies and decisions



avoid homes being built at low densities, and ensure that developments make optimal use of the potential of

each site.’

6.41 Given the Councils housing land supply position and the Site’s sustainable location in proximity to Welwyn

Garden City Station, bus stops and town centre, the proposed density accords with planning policy and the

NPPF.

Dwelling Mix

6.42 Draft Local Plan Policy (SP7 Type and Mix of Housing) states proposals for 11 or more new dwellings should

demonstrate how the mix of tenure, type and size of housing proposed on sites will reflect the Council's

latest evidence of housing need and market demand and contribute towards meeting the varied needs of

different households including single person households, couples, families with children, older people,

people with disabilities and people wishing to build their own homes. For larger sites, there should be a

greater opportunity to deliver a broader mix.

6.43 In accordance with national and local policy, the residential accommodation proposed provides a good mix

of 1, 2 and 3-bedroom units as follows:

Unit Size Quantity Percentage 1-Bedroom 40 29% 2-Bedroom 91 66% 3-Bedroom 7 5% Total 138 100%

Table 6.1: Proposed Unit Mix

6.44 It is considered that the scheme achieves a successful unit mix, providing 29% 1-bed, 66% 2-bed and 5% 3-

bed. The majority of the units proposed are 1 and 2-bedroom units, which is appropriate to the Site’s urban

location and high level of public transport accessibility, which lends itself to smaller units. Additionally, the

inclusion of 3-bedroom affordable housing units will provide much-needed affordable family-sized homes

in Welwyn.

Affordable Housing

6.45 In accordance with saved District Plan Policy H7 (Affordable Housing), the Council will expect all proposals

for residential development on sites of 1ha or more, or with 25 units or more, to include the provision of

affordable housing to meet the needs of local people who cannot afford to occupy dwellings generally

available on the open market. The Council will therefore seek through negotiation a proportion of

affordable housing, which as a minimum should comprise 30%.



6.46 A Financial Viability Assessment has been conducted by JLL which concludes that 21 units (15%) can be

provided as affordable of which 29% are affordable shared ownership and 71% are affordable for rent.

Mindful of local priorities, within this we have allocated all the three-bedroom family units for affordable.

The affordable split is demonstrated below.

Unit Size Affordable Rent Shared Ownership Affordable Units 1-Bedroom 4 4 8 2-Bedroom 5 1 6 3-Bedroom 6 1 7 Total 15 6 21

Table 6.2 Affordable Units

6.47 A Financial Viability Assessment has been conducted by JLL as part of the application submission. The

report concludes that the Residual Land Value of the proposed scheme with 15% affordable housing results

in a deficit against the Benchmark Land Value. As a result the scheme is unable to viably provide more than

15% affordable housing, the level of affordable housing considered the maximum reasonable amount by

Aspinal Verdi in December 2020.

Dwelling Standards

6.48 In terms of residential space standards, all units are in accordance with the Nationally Described Space

Standards. This document states that 1-bedroom 2-person units must have a minimum GIA of 50 sqm, 2-

bedroom 3-person units a minimum of 61 sqm, 2-bedroom 3-person units a minimum of 61 sqm, 2-bedroom

4-person units a minimum of 70 sqm, 3-bedroom 4-person units a minimum of 74 sqm and 3-bedroom 5-

person units a minimum of 86sqm. All units meet these standards, please refer to the accommodation

schedule by OSP Architects submitted with this application.

6.49 All of the affordable homes will be designed to be accessible by disabled visitors in accordance with Part

M4(1) : Category 1 of the Building Regulations. 20% of the dwellings will be designed to meet Part M4(2) :

Category 2, providing adaptable accommodation for wheelchair users.

6.50 In addition, all units will have their own private balcony.

Landscaping

6.51 Saved District Policy D8 (Landscaping) states all development should include landscaping as an integral

part of the overall design. This should reflect the strong tradition of urban landscape design in the District.

Landscaping schemes will require the use of materials which respect the character of the area, the planting



of trees, hedgerows and shrubs and details of future maintenance. The retention and enhancement of

existing key landscape features such as trees and shrubs, ponds and watercourses will be expected where

feasible; where this is not possible, replacement planting should be carried out.

6.52 The Landscaping Strategy has been produced by Huskisson Brown. This proposes a hierarchy of spaces

that include a primary route through the scheme from which the secondary homezones and public gardens

are accessed. The following key character areas are proposed:

- Primary Road: The Green Spine - The primary road that runs through the scheme and provides access

to the homezones and garden spaces, with extensive proposed tree planting along its length. It

connects the three garden spaces within the development to create a green spine at the very heart of

the proposals.

- Secondary Roads: The Homezones - Each of the residential buildings has an associated area of open

space, where the intention is to create safe and attractive homezone that offers dedicated resident car

parking in a pedestrian friendly environment.

- The Linear Garden - The first of the three garden spaces experienced when moving north along the

Green Spine. This space offers a backdrop of evergreen and deciduous shrub planting, with generous

street and ornamental tree planting.

- The Central Garden - This central open space provides an area of relative peace and tranquility, with a

large area of grass and a perimeter of new tree planting.

- The Play Garden - This generously sized open space is designed to accommodate more active

recreation, including children’s play and outdoor fitness.

6.53 In a meeting with the Peartree Ward Councillors on 16th March 2021, it was discussed as to whether a single

larger piece of amenity space, located away from the buildings could be provided as a central focal point.

This has been considered and 586sqm of communal amenity space is now provided between blocks B and

D to maximise the opportunity for interaction between residents.

6.54 In total 1056sqm of landscaped open space is to be provided in accordance with saved District Policy OS3

(Play Space and Informal Open Space Provision in New Residential Development).

Air Quality

6.55 Saved District Policy R18 (Air Quality) states the Council will have regard to the potential effects of a

development on local air quality when determining planning applications. Consideration will be given to



both the operational characteristics of the development and to the traffic generated by it. Any development

within areas designated as Air Quality Management Areas must have regard to guidelines for ensuring air

quality is maintained at acceptable levels as set out in the Air Quality Strategy.

6.56 An Air Quality Assessment has been produced by Phlorum (dates March 2021). This assessment concludes

that the construction phase of the development could give rise to emissions which could cause dust soiling

effects on adjacent uses. However, by adopting the appropriate mitigation measures to reduce emissions

and their potential impact, there should be no significant residual effects, thus complying with the

requirements of the National Planning Policy Framework.

6.57 The proposed heating strategy will utilise Photovoltaics and electric panel heaters with no other associated

on-site emission sources. In addition, 145 cycle storage spaces will be provided along with electric vehicle

charging points.

6.58 The development is not expected to introduce new receptors into an area of poor air quality, nor is it

anticipated to adversely impact local air quality. As such, the proposed development is expected to comply

with all relevant local, and National air quality policy. Air quality should not, therefore, pose any significant

obstacles to the planning process.

Noise

6.59 Saved District Policy R19 (Noise and Vibration Pollution) states planning permission will be granted where

appropriate conditions may be imposed to ensure either: an adequate level of protection against noise or

vibration; or that the level of noise emitted can be controlled.

6.60 A Noise Impact Assessment has been prepared by ACA Acoustics (dated 30th March 2021) and is enclosed

with the application package. In line with saved District Policy R19, subject to the proposed mitigation

measures, the internal noise levels of the proposed development are compliant with relevant guidance and

should not raise any adverse impacts on the quality of life of residents. In accordance with guidance in

ProPG and BS 8233:2014, it is recommended that planning permission may be granted for the proposed

development.

Lighting

6.61 A Lighting Impact Assessment has been undertaken by RPS (dated 28th April 2021). In accordance with saved

District Policy R20 (Light Pollution), the proposed lighting solution for the residential areas will be based on

BS5489-1:2020 Class P4 scheme (for low traffic flow) producing an average illuminance of 3 lux and other

roads appropriate to the class of use.



6.62 By careful selection and location of luminaires the development will be successfully lit with minor adverse

effects to the adjacent areas. The overall impact of the lighting to the site will be Minor Adverse based on

Residual Effects taken from Professional Lighting Guide – PLG 04 – Guidance on Undertaking Environmental

Lighting Impact Assessments – Institute of Lighting Professionals).

Flood Risk and Drainage

6.63 According to the Environment Agency’s Flood Map for Planning, the site is located within Flood Zone 1.

Therefore, the risk of fluvial flooding is considered negligible. Given the Site is over 1ha, a Flood Risk

Assessment has been provided to confirm.

6.64 Saved District Policy R7 (Protection of Ground and Surface Water) states planning permission will not be

granted for development which poses a threat to the quality of both surface and/or groundwater. Where

proposals are acceptable the use of sustainable drainage systems will be encouraged, dependent on local

site and underlying groundwater considerations.

6.65 A Flood Risk Assessment has been undertaken by RPS which states it has been demonstrated that the Site

is at very low risk of flooding from groundwater, sewer and artificial flooding. A low topography area

surrounding the existing building is at low to medium risk of surface water flooding. The development

layout has positioned buildings in areas at very low risk of surface water flooding, with the higher risk areas

being used as car parking. Lower ground and ground floor threshold levels should be raised a minimum of

150mm above external ground levels.

6.66 In assessment concludes that the development would be safe, without increasing flood risk elsewhere, and

that a positive reduction in flood risk would be achieved through the provision of permeable paving and

underground geocellular storage crates.

Energy

6.67 Saved Policy R3 (Energy Efficiency) states the Council will expect all development to include measures to

maximise energy conservation through the design of buildings, site layout and provision of landscaping;

and incorporate the best practical environmental option (BPEO) for energy supply.

6.68 An Energy Statement has been produced by Hodkinson (dated March 2021) which concludes the

development is predicted to achieve a reduction in CO2 emissions of 56.7% over Part L 2013 using SAP 10.1

emission factors. This goes significantly beyond the requirements of the Welwyn Hatfield Borough Council

for on-site CO2 reductions.



Sustainability

6.69 Emerging Policy SADM13 (Sustainability Requirements) states all major development proposals must

demonstrate that they have sought to maximize opportunities for renewable and low carbon sources of

energy supply. Newly constructed dwellings will be required to reduce demand on mains water supply.

6.70 A Sustainability Statement have been prepared by Hodkinson (dated March 2021), the key features are as

follows:

Energy efficiency: The development will target a 56.7% reduction in CO2 emissions over Part L 2013

using SAP 10.1 emission factors through energy-efficiency measures and PV panels.

Water efficiency: Flow control devices and water efficient fixtures and fittings will be installed in all

dwellings to target a maximum daily water consumption of 110 litres/person/day (which include 5

litres for external consumption).

Waste and recycling: Adequate facilities will be provided for domestic and construction related

waste, including segregated bins for refuse and recycling.

Circular Economy: The principles of a circular economy shall be incorporated into the development,

where possible.

Materials: Where practical, new building materials will be sourced locally to reduce transportation

pollution and support the local economy. New materials will be selected based on their

environmental impact and responsible suppliers will be used where possible.

Flood Risk and SUDs: The proposed development site lies in a low flood risk zone and will benefit

from SUDs.

Security: The development will be designed to reduce the risk of and opportunities for crime such

that it is safe and secure for its residents.

Sound insulation: The dwellings are to target an improvement on Building Regulations Part E

through party walls and floors.

Inclusive access: The new dwellings will be designed to meet Building Regulations Approved

Document M4(2) and Part M4(3).

Sustainable transport: The site will benefit from a good existing public transport network and

sustainable modes will be encouraged through the provision of 145 cycle storage spaces as well as

electric vehicle charging points.

Biodiversity and ecology: Enhancements will be implemented through the provision of landscaped

areas and additional planting across the site.

Sustainable construction: The site will be registered with the Considerate Constructors Scheme.



Land Contamination

6.71 Saved District Policy R2 (Contaminated Land) states the Council will encourage proposals for the

development and reuse of land which is or may be contaminated. On such sites, applications must be

accompanied by a full survey of the level of contamination and proposals for remediation measures. In

considering whether planning permission should be granted, the Council will need to be satisfied that there

will be no unacceptable risk to health or the environment arising from the remedial works or the proposed

use of the site in relation to the type of contamination.

6.72 A Contamination Risk Assessment has been prepared by EAS (dated April 2021) and is enclosed as part of

this application package. The assessment confirms that minor to significant contamination has been

identified in the form of heavy metals, PAHs and chrysotile asbestos fibres, generally in the made ground in

the west of the Site. However, subject to the implementation of the remediation measures recommended,

the overall risk rating may be reduced to low and the Site would be suitable for the proposed residential

land use.

Highways and Transport

6.73 In assessing the impact of the development proposal, consideration must be made to NPPF, and in

particular paragraph 109 where it states that “development should only be prevented or refused on highways

grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on

the road network would be severe.” The Transport Statement by Pulsar (dated April 2021) submitted with

the application has demonstrated that the proposals will result in a net decrease in two-way vehicle trips

at the Site and as such will not result in a severe impact.

6.74 Paragraph 108 of the NPPF requires that Local Authorities consider appropriate opportunities to promote

sustainable transport, safe and suitable access and that any significant impacts from development on the

transport network can be mitigated. Development proposals, except for those which are necessary in rural

areas, will be permitted only in locations with accessibility to pedestrian and cycle routes and passenger

transport services, or where this can be created, and where the environment and infrastructure can

accommodate the amount and type of transport movement likely to be generated. In considering

development proposals, the Council will give priority to walking and more sustainable modes of travel

(Saved Policy M1 – Integrating Transport and Land Use).

6.75 The Council’s written pre-application response (ref. 6/2019/0591/PA) confirmed that the Site is “within a

sustainable location” stating “The site lies within a relatively short walking distance of the train and bus

stations and the majority of the town centre plus Bridge Road East is on a bus route to Hatfield and a number

of neighbouring towns. The site is accessed by both Bridge Road East and Tewin Road.” A residential



development on this Site would utilise the existing accesses onto Bridge Road East and Tewin Road, the

main thoroughfares within the town, providing good sustainable access to the surrounding area.

6.76 The Transport Statement by Pulsar (dated April 2021) notes a trip generation assessment was undertaken,

which shows that the net impact of the proposed development is expected to be positive, i.e. the proposed

uses would generate significantly lower trips than the current uses.

6.77 As such, the Transport Statement concludes that the proposed development should not be refused on

transport grounds. The cumulative residual transport impacts of the proposal would not be severe. The

proposal would comply with national and local policy.

Car Parking

6.78 Saved District Policy M14 (Parking Standards For New Development) requires parking provision for new

development to be made in accordance with the standards set out in the Council's supplementary planning

guidance on parking. The Site falls within zone 3 of the Council’s parking zones, so applicants should seek

to provide 1.25 car parking spaces per 1 bed, 1.5 spaces per 2 bed and 2.25 spaces per 3 bed. As expressed

within the Interim Policy for Car Parking Standards and Garage Sizes (2014) the Council has agreed to treat

its existing car parking standards as guidelines rather than maximums.

6.79 A variety of parking solutions are therefore proposed including:

- Undercroft parking to block A - which utilises the existing buildings semi basement.

- Visitor parking in visible locations to ensure that visitors can identify spaces quickly.

- Parking behind the prime facades ensuring that it remains mostly hidden from view when entering and

passing through the development. In line with advice at the pre-application stage the areas of proposed

parking will be further screened through mature planting.

6.80 Parking is provided in line with the parking ratios below:

- 1-bedroom apartments - 1 space / apartment



- 24 visitor spaces

6.81 27 of the apartments are M4(2) apartments which will have a disabled parking space each. 162 car parking

spaces are to be provided in total (excluding 9 spaces reallocated to the hospice).



6.82 There are no specific standards for electric vehicle charging, however the development proposes 20% active

and 20% passive provision in accordance with the precedent set up the Shredded Wheat site.

Cycle Parking

6.83 145 cycle parking spaces will be provided, 1 space for 1 and 2-beds and 2 spaces for the 3-beds. These will

be within secure and sheltered cycle parking stores. For block A, this will be located in a basement level

parking store.

Delivery, Servicing and Refuse

6.84 Servicing and refuse collection will operate from both Bridge Road East and Tewin Road with a 5.5m wide

carriageway and 2m wide footpaths. Turning areas are appropriate to enable these vehicles to access and

egress the site in forward gear and to ensure compliance with the refuse carry and collection distances.

6.85 The Transport Statement notes the level of goods vehicles entering the Site would be far less than the

consented (or even the current) use. The majority of goods movements to the Site will be online deliveries,

which are generally undertaken in smaller vans. The site access has been designed to allow service and

refuse vehicle movements. A swept path analysis is included within the Transport Statement.

6.86 Seven refuse and recycling stores are to be provided across the Site. All of these are located in a convenient

location to allow for easy collection from the internal roads.



7. Planning Obligations

7.1 This section assesses the likely planning obligations to mitigate for the potential impact of the development

and the methods of calculation.

7.2 The NPPF advises that planning authorities should consider the use of planning obligations where they could

make an otherwise unacceptable development acceptable. They should only be used where it is not possible

to address unacceptable impacts through planning conditions. Paragraph 56 (also Regulation 122(2) of CIL)

states that planning obligations should only be sought where they meet all of the following tests:

They are necessary to make a development acceptable in planning terms; and

They are directly related to a development; and

They are fairly and reasonably related in scale and kind to the development.

Section 106 Agreement

7.3 Section 106 of the Town and Country Planning Act 1990 (‘S106’) enables a Local Planning Authority to

impose obligations on a developer to mitigate for the impact of the development.

7.4 Assuming the proposals are considered appropriate, a S106 Agreement will be drafted relating to this

application to ensure any potential impacts arising from the development are suitably mitigated (in

accordance with Policy IM2 (Planning Obligations) and the Planning Obligations Supplementary Planning

Document (February 2012). We anticipate this to include the following:

Affordable Housing;

Waste and Recycling;

Fire Hydrants



8. Benefits of the Proposal

8.1 In presenting an assessment of the overall planning policy case and in addressing the planning balance, it is

necessary to consider the benefits of the proposed development. The NPPF sets out that the “presumption

in favour of sustainable development” through both plan making and decision taking. The scheme is wholly

in accordance with this emphasis.

8.2 The scheme constitutes an appropriate re-use for this brownfield site as well as making a clear contribution

to the environmental, social and economic aspects of the Site and the surrounding area.

Social / Community

Provision of on-site affordable homes – The scheme will provide 15% affordable homes with the

majority of these being affordable rent and 3-bedroom units.

Provision of market homes – The market homes will enhance the quality and quantity of housing stock

available to local people.

Provision of family sized dwellings and wheelchair accessible homes, all in accordance with space

standards.

Improved Public Realm – An attractive new spacious public realm is provided on-site with considered

landscaping and shared surfaces, thus making a positive contribution to the public realm and the local

context.

Private amenity for all residential homes in the form of balconies.

Enhanced pedestrian permeability and the creation of new pedestrian links - The proposed new

footpaths create an efficient use of the site, circulation and access for services as well as newly created

surveillance on site. This creates a safe space and provides a deterrent for anti-social behaviour.

Design - Creation of a series of bespoke buildings which reference the architecture of the Norton

Building.

Redevelopment – The proposal seeks to redevelop the Site as opposed to converting the Site under

permitted development. This provides a much better quality of accommodation in terms of layouts, no

overlooking, in accordance with space standards and provides benefits in the form of affordable

housing and provision of amenity space.



Economic

Local economic boost – New residents at the Site will generate significant spend directly into the local

economy. The ripple effect will help increase demand for higher quality shops and services, in turn

strengthening local land values.

Short-term job creation – The proposal will generate a wide variety of employment opportunities

through the demolition and construction phase.

Environmental

Use of previously developed land – In conformity with the sustainable planning principles, this

development is on previously developed, brownfield land in an urban location meaning that green

space will be gained. In fact, the scheme increases the amount of green space on site due to the

landscaped open space.

Biodiversity measures – The proposed amenity areas, new tree planting and landscaping strategy will

support biodiversity.

Use of sustainable construction and energy efficiency measures - The new homes would be highly

energy efficient compared to any conversion and would meet / exceed national standards.

Promotion of sustainable travel – the proposal includes 145 cycle spaces.

Planning Balance

8.3 As previously discussed, the Council cannot demonstrate a five-year supply of housing land as required by

the NPPF, as such the policies which are most important for determining the application are considered

out of date (tilted balance) and the tests set out in paragraph 11d (see paragraph 6.54) must be applied.

8.4 The Council needs to apply the presumption in favour of sustainable development when determining

planning applications, which means granting planning permission unless there are clear reasons for

refusal.

8.5 The Site is located on previously developed land within the settlement of Welwyn Garden City. Sited

under a mile from the town centre and close to the town’s facilities, including public transport (rail and

bus), the location of the development is considered to be accessible and sustainable.

8.6 In terms of the development’s social benefits it will result in the provision of 138 new apartments. The

proposal offers 1,2 and 3 bed private and affordable apartments. Redevelopment ensures a much better

quality of accommodation in terms of layouts, no overlooking, in accordance with space standards and

provides benefits in the form of affordable housing and provision of amenity space. Due to the lack of



delivery of housing within the Borough, the new apartments would be a significant social benefit and will

weigh heavily in favour of the development. The materiality of housing undersupply must be given

greater weight in decisions and the delivery of housing is an important objective in keeping pace with

household growth and meeting housing targets.

8.7 As for economic effects the development would be a substantial investment in the town, it would create a

significant number of construction jobs in the short term, construction spend in the town and area and

ultimately will result in longer term benefits from increased occupier spend and council tax receipts.

8.8 With regards to environmental impacts, the scheme represents the redevelopment of a brownfield site in

the Borough. The development includes measures to maximise energy conservation through the design

of buildings (PV panels), site layout and provision of landscaping. There is a net gain in biodiversity and

the application is also accompanied by a Travel Plan which seeks to encourage sustainable travel and

sufficient cycle parking.

8.9 Given the significant weight afforded towards the provision of both market and affordable housing where

there is a housing shortage, as well as the benefits of the scheme as expressed above, the planning

balance is tilted in favour of the development. It is considered there no adverse impacts which, either

individually or together, are of sufficient weight to indicate that the development should be restricted.

When taking the policies of the Development Plan and the Framework as a whole, the adverse impacts of

granting the proposed development are limited and there is not material harm that significantly and

demonstrably outweigh the substantial benefits which would result from the provision of new housing

and affordable housing to boost supply as required by the Framework.



9. Conclusion

9.1 This Planning Statement has been prepared by the Jones Lang LaSalle (‘JLL’) Planning, Team on behalf of

Anglodane (Welwyn) Ltd (‘the Applicant’) to accompany an application for full planning permission at the

Former Norton Building, 61 Bridge Rd East, Welwyn Garden City. AL7 1JR (‘the Site’). The Site is located

within the administrative boundary of Welwyn Hatfield Borough Council (‘WHBC’, ‘the Council’).

9.2 The description of proposed development is as follows:

“Demolition of existing building and redevelopment of site for Class C3 residential units with associated car

and cycle parking, amenity space and associated works”.

9.3 The Site is located within Welwyn Hatfield Borough Council. The overall application site is approximately

1.327 hectares (3.27 acres). The Site comprises a 4-storey block and two 5-storey towers that originally

contained the works of the Norton Grinding Wheel Company. Today, the majority of the building comprises

vacant Class B1(a)office floorspace. Prior approval was granted on 28 February 2019 for “change of use of

the first, second and third floors from office (B1(a)) to residential (C3)” (application ref. 6/2019/0018/PN11).

This has established the principle of residential on the Site. The Site has also been promoted for inclusion

in the Local Plan as a residential site. The Site was submitted via the ‘Call for Sites’ process and has since

been included as a proposed additional site allocation for residential (site reference. Pea97).

9.4 This full planning application has been prepared with full regard to the relevant planning policy framework

and identified aspirations for the Site. The application is supported by a comprehensive package of

information to address all the relevant issues arising.

9.5 The scheme would optimise the use of this previously developed land and make a significant contribution

towards housing delivery. It is considered that residential use on this Site is wholly supported by virtue of

its size, accessibility and location, notwithstanding the overarching need in the Borough.

9.6 The Council cannot demonstrate a five-year supply of housing land as required by the NPPF, as such the

policies which are most important for determining the application are considered out of date (tilted

balance) and the tests set out in paragraph 11d must be applied.

9.7 Overall, the proposal responds positively to the lack of a five-year housing land supply within WHBC which

is currently extremely low at 2.58 years and the identified need for both market and affordable housing of

varying unit types. The scheme is a positive development which brings back into use a favourable

brownfield site, protecting the release of greenbelt and providing urban greening to the Site and wider area.

The Council have already identified and support allocation of the Site for residential. The Site is within an



extremely sustainable location, close to key transport links and the town centre. Subject to complying with

the key development parameters below, the ‘presumption in favour of sustainable development’ applies in

our case and the balance is tilted in favour of granting planning permission.



Appendix 1 – Pre-Application Response (ref.6/2019/0591/PA)

Mr Asher Ross Jones Lang LaSalle Ltd. 30 Warwick Street London W1B 5NH Sent by email: [email protected]

Colin Haigh Head of Planning

Reply To: address as below

Direct Tel: 01707 357247 Email: [email protected]

13th June 2019

Dear Mr Ross, Application Reference: 6/2019/0591/PA Proposal: Pre-application advice for the erection of 5 apartment buildings, 134 dwellings with associated parking and landscaping. Location: Norton Building, Bridge Road East, Welwyn Garden City AL7 1JR I refer to the above enquiry and our meeting yesterday, 12th June 2019, which also included your clients,

and architect. Please find below the Local Planning Authority’s response to the proposed pre-application

development.

Site description

The site is located in the settlement of Welwyn Garden City, which is located to the north of the borough.

The site is located north of Bridge Road East between Tewin Road and Swallowfields, and, Bridge Road

East is identified as one of the major thoroughfares of Welwyn Garden City. The site is approximately 1.33

hectares and is located centrally within the designated employment area, as identified with the adopted

Local Plan, EA1.

The site is surrounded by various employment uses, with ‘B & Q’ to the immediate north and ‘Go Plant Ltd.’

to the west. However, it should be noted that this particular area is changing by virtue of the introduction of

residential developments close to the site which include the recent permission for the redevelopment of

Mercury House, Accord House, 51 Bridge Road East and the Shredded Wheat Factory in the immediate

vicinity.

The Norton Building dates from the early 1930s and formed part of the early and rapid expansion of the

industrial area of the town to the east of the railway line. The buildings on the site contained the works of an

mailto:[email protected]


American firm, the Norton Grinding Wheel Company which were served by their own railway sidings off the

now lost Hertford branch line. It is noted that, some of the original buildings on the site have been lost

(predominantly those to the south east), however, the majority of the buildings are still extant, including the

central four storey block and two five storey towers. The building is considered to be a good example of

industrial architecture of its era and exhibits simple but attractive detailing and use of materials.

It is noted that the majority of the existing building is vacant office floorspace with ‘Norton Gym’ occupying

part of the ground floor. The site may be accessed via Bridge Road East and Tewin Road. The site is not is

a conservation area, nor are there any listed buildings within the immediate vicinity.

Proposal

The pre application seeks advice to propose the redevelopment of the site to demolish the existing building

and erect five new apartment blocks to accommodate 134 residential units. It is understood that these blocks

will extend to four and four and half storeys in height with a mix of one and two bedroomed units.

The proposals also involve the creation of 194 car parking spaces, with 20 disabled spaces, and 134 cycle

spaces.

It is noted that each block proposed has been labelled ‘A-E’, with block ‘A’ being the replacement Norton

Building. It is acknowledged that block ‘A’ will be built above the existing basement and will extend to four

and a half storeys in height, with the ground floor to be elevated to accommodate undercroft car parking.

Blocks ‘B’, ‘C’ and ‘D’ – at four storeys in height - are proposed to border the central public open space area

– south of block ‘A’, with proposed block ‘E’ (four storeys) to the south –west corner of the site.

Planning Policy

National Planning Policy Framework 2019 (as amended)

Welwyn Hatfield District Plan 2005

Draft Local Plan Proposed Submission 2016

Supplementary Design Guidance, February 2005

Supplementary Planning Guidance, Parking Standards, January 2004

Planning Obligations, Supplementary Planning Document, February 2012

Principle of Development

The application site is located in a designated employment area EA1 – Welwyn Garden City Industrial

Area. Policy EMP2 of the District Plan 2005 states that, in designated employment areas, proposals for

uses other than Classes B1, B2 and B8 should generally be resisted and will only be permitted where it

can be clearly demonstrated that the existing land or premises are no longer required to meet future

employment requirements and business and community needs. All such proposals will also be required to

satisfy criteria (i) to (v) of Policy EMP2 of the District Plan 2005 and other relevant policies relating to the

proposed use.

Whilst delivering a sufficient supply of homes is a key Government objective, the NPPF also states that

planning policies and decisions should support sustainable economic growth (paragraphs 80-82). Recent

work undertaken by Lambert Smith Hampton commissioned by the Hertfordshire Local Enterprise

Partnership (LEP) shows that the office stock across the county has reduced by almost 25% within the last

10 years and for some local authorities it has halved. The prior approval process for office to residential

conversion has had a significant impact in this regard from 2013/14. Although the industrial sector has not

seen a net loss to the same extent as the office sector, this market will require larger scale developments

to meet future needs, so any loss of industrial floorspace without suitable replacement space will cause

problems for the industrial market in the future.

While the report acknowledges that some of this loss reflects the natural operation of the market, whereby

“obsolete, inefficient or poorly located floorspace is reused for other purposes, and is resulting in more

efficient business operations through more intensive space use…the scale of commercial floorspace loss

witnessed across Hertfordshire goes beyond this and is creating very real problems for existing,

expanding and new businesses, and for those looking to move into the area, notably international

investors.” It continues that property market analysis has shown that there is an underlying demand in

both the office and industrial sectors in the county but that there is a lack of supply to meet the demand.

To inform the next stages of the Local Plan EiP, the Council has commissioned further work on

employment forecasts for the Borough and updated analysis on the demand and supply of employment

land and floorspace which will be published in due course. While this is pending and in the light of the LEP

report, the Local Planning Authority will need to carefully consider any proposals that would result in the

loss of employment land and floorspace and it will be anticipated that applicants provide a compelling case

with the appropriate justification.

While the policies contained within the emerging Draft Local Plan Proposed Submission, 2016 may be

afforded limited weight, it is worth noting that the site is still considered suitable for employment uses. The

site would still fall within a designated employment area: EA1 – Welwyn Garden City Employment Area

where policy SADM10 would be applicable. This policy requires that the loss of employment land to other

uses will only be permitted where it can be “demonstrated through active, extensive and realistic

marketing over a period of three years that the land or premises are no longer required to meet future

employment needs and that there is a lack of demand for the land and premises in that location.”

While it may not be appropriate for the Council to seek marketing evidence going back for three years

given the weight that could be afforded to Policy SADM10, it would nevertheless need to be satisfied that

there is no demand for the existing employment floorspace.

However, as discussed during our meeting, the Local Planning Authority acknowledges that, the building

has been largely vacant for approximately 17 years and, an application for prior approval for the change of

use of the Norton Building to residential use, reference: 6/2019/0018/PN11, was granted in February

2019. This was for the change of use of the first, second and third floors from office B1 (a) use to

residential C3 use to provide 59 units – 3 x 1 bed flats and 56 x 2 bed flats, with 101 car parking spaces.

It is therefore considered that, the employment use of the building has, on balance, effectively ceased. By

virtue of the site having received prior approval for the conversion of the existing building to residential

use, the principle of the land and building being in a residential use has been established.

The NPPF encourages the provision of more housing and states that applications should be considered in

the context of the presumption in favour of sustainable development. Local Planning Authorities should

encourage the effective use of land by re-using land that has been previously developed provided that it is

not of high environmental value. Policy H2 of the District Plan 2005 relates specifically to applications for

windfall housing development and states that all proposals of this type will be assessed for potential

suitability against the following criteria: (i) The availability of previously-developed sites and/or buildings;

(ii) The location and accessibility of the site to services and facilities by transport modes other than the car;

(iii) The capacity of existing and potential infrastructure to absorb further development; (iv) The ability to

build new communities to support infrastructure and provide demand for services and facilities; (v) The

physical and environmental constraints on development of land.

Policy SADM1 of the Draft Local Plan Submission 2016 is also relevant in regards to windfall housing

development. This policy is similar to Policy H2 of the District Plan 2005 but adds that the proposal should

not undermine the delivery of allocated sites or the overall strategy of the Plan; and proposals would not

result in disproportionate growth taking into account the position of a settlement within the settlement

hierarchy.

The application site is located within the main town of Welwyn Garden City. It is situated in a particularly

sustainable location; being within walking distance of the town centre and the train station, and being

served by various bus services along Bridge Road East and Peartree Lane. The proposed development

would utilise the existing accesses onto Bridge Road East and Tewin Road, main thoroughfares within the

town, providing good access to the surrounding area. Furthermore, there are no known physical or

environmental constraints at this site that cannot be dealt with by the imposition of relevant conditions. As

the application is a major development, it is anticipated at this stage that the proposed development will

meet the full provision of affordable housing, thereby contributing to the regeneration of this part of

Welwyn Garden City as the site is vacant, and improves environmental gain.

It is therefore considered that, the proposed development is acceptable in principle - in accordance with

the aims of the National Planning Policy Framework 2019, Policy H2 of the District Plan 2005 and Policy

SADM1 of the Draft Local Plan Submission 2016, subject to the detailing of the development.

Hazardous Zone

As discussed during our meeting, it was noted that the application site was located within a hazardous

zone, however this has now been revoked as per the decision made by the Secretary of State dated 23rd

March 2017. As such no part of the application site lies within a hazardous zone and therefore no

consideration relating to this issue is necessary.

Design, layout, amenity and density Considerations

Policy D1 of the District Plan states the Council will require the standard of design in all new development

to be of a high quality. Policy D2 of the District Plan requires new development to respect and relate to the

character and context of the area in which it is sited. Policy SP9 - Place Making and High Quality Design

of the emerging Local Plan is also of relevance. Policy H6 of the District Plan 2005 requires new

developments of 5 or more dwellings to be built at densities of 30-50 dwellings/ha provided that it does not

have an adverse impact on the character of the surrounding area and satisfies design policies. The new

NPPF also places design at the forefront of the planning system.

The pre-application seeks to develop the site to provide 134 residential units establishing an overall

density of approximately 100 units per hectare. This is double the expected levels anticipated by the

adopted standards, however, as discussed, it is acknowledged that the surrounding pattern of

development forming has recently accepted a pattern of development of an average of 85 units per

hectare (as in 6/2017/2104/MAJ approved in 2018). Therefore, as advised the proposal is considered as

overdevelopment of the site in its current form.

As stated above, the original Norton Building is notable as part of the early industrial era of Welwyn

Garden City. The building is considered to have retained key elements of its original fabric of material

detailing, including steel framed windows. As discussed, the Local Planning Authority are of the view that

the building is may be considered as a non-designated heritage asset under the provisions of the NPPF.

The demolition of the building is therefore contentious, which may result in the loss of a significant local

heritage asset. The loss of an early building of architectural value within the Garden City’s industrial area

should be avoided. As well as its historic interest, it is a building of aesthetic and architectural interest and

this aspect of its significance can be enhanced through its sensitive reuse. The NPPF recognises that

heritage assets are an irreplaceable resource which can contribute to people’s quality of life and local

character and distinctiveness. Whilst objections are raised to its demolition, if this is to be pursued then,

any future proposals should be convincingly justified.

Therefore, in accordance with paragraph 189 of the NPPF, a full Heritage Statement should be submitted

with any future planning application, whether for the refurbishment of the building or for its demolition.

Paragraphs 192 and 197 are also relevant considerations. Paragraphs 192 requires Local Planning

Authorities to take account of the desirability of sustaining and enhancing the significance of heritage

assets, the positive contribution they make to communities and the desirability of new development

making a positive contribution to local character. Paragraph 197 sets out the need for a balanced

judgement between the scale of harm of loss to significance and the significance of the asset.

Therefore, as discussed, the retention and reuse of the building is strongly encouraged. There are no

objections to its conversion, extension or erection of additional buildings on the site. As discussed, it is

advised that the unique design of the Norton Building is utilised to inform the design of the overall

development of the site, including scale and use of materials.

With regards to the layout of the proposed blocks, there is a concern with the relationship between some

of the blocks. In particular, blocks ‘B’, ‘C’ and ‘D’. It appears that there is approximately, 12m between

blocks ‘B’ and ‘C’, and, approximately, 15m between blocks ‘C’ and ‘D’. As discussed, at this stage, it is

unclear whether any of the facing windows of these fascias serve habitable rooms, but there is a concern

that these distances will have a significant detrimental impact upon the residential and visual amenities of

future occupiers of the properties – including impacts relating to daylight/sunlight and shadowing.

As discussed, this element of the proposal will require further consideration. In addition, there is a concern

with the relationship of proposed block ‘B’ and its residential neighbour to the east of the application site –

being some 15m away.

In terms of the proposed amenity space within the development, as discussed, it is considered additional

provision should be provided. The current provision is considered inadequate and poor and would likely

become unusable to future residents of the scheme, with much of the communal spaces being in shadow

– given their orientation. The provision of balconies is acceptable and would be ‘counted’ towards amenity

provision – provided that these are a minimum of 5m2, in order to be considered as viable usable space.

As discussed, it is considered, given the sustainable location of the application site, there is scope to

reduce the level of car parking on site and utilise this space for amenity provision for future occupiers.

In addition, it was highlighted that, a large proportion of the car parking provision appears to be provided

the proposed residential blocks. This will require revising as it is considered that the potential noise

disturbance and fumes would have a significant detrimental impact upon the future occupiers of the

development.

Further, as discussed, it is considered that the boundary treatments of the scheme are revised to mitigate

any impacts from neighbouring businesses, such as the ‘B &Q’ to the north, and ‘Go Plant Ltd.’, to the

west. A landscape strategy would be required as part of a full planning submission. It should be noted that

Secure by Design measures are considered as part of any revisions.

Policy R20 of the District Plan 2005 and Policy SADM18 of the Draft Local Plan Proposed Submission

2016 seeks to minimise light pollution. No details have been provided to how the proposed development

will be illuminated. Therefore to protect the visual amenities of the locality and future occupiers, a lighting

strategy would be required as part of any planning application submission, and to accord with Secure by

Design measures.

The site is surrounded by a variety of developments of differing scale and heights. The proposed

apartment buildings range from four to four and a half stories in height and generally accord with the

heights of surrounding buildings. Overall, the character of the area will therefore not be compromised, in

terms of scale and height, by the proposed development buildings and is therefore considered acceptable

in this regard.

Impacts on neighbours and living conditions

The site is bounded by to the north by ‘B &Q’ stores, Isobel Hospice (an office and warehouse) and the

approved scheme in 2018 of 54 residential flats, reference: 6/2017/2104/MAJ to the west, the Christchurch

Baptist Church and B1 units to the south, and, ‘Go Plant Ltd.’ to the east. The wider area is a mix of

employment and residential uses. As discussed above, though there is a resistance to losing

employment/industrial space in this area, it is acknowledged that the principle of the development has

been established via the grant of the prior approval earlier this year on the site for residential use.

Nevertheless, impacts upon the future occupiers of the development must be considered very carefully, in

particular any noise and disturbance from neighbouring industrial sites. An acoustic report submitted as

part of the pre application indicates high levels of noise in the area. However, some of this is thought to be

attributed to the scaffolding yard, which is currently located within the application site and therefore will no

longer be operating, should a formal planning application be secured for the site.

In terms of this development, it is advised that further noise assessments are carried out from

neighbouring sources, such as ‘B &Q’ and other commercial/industrial units. In this way, a full assessment

of any impacts upon future occupiers of the proposed development may be assessed. The findings should

then influence the final design, reducing so far as is reasonably practicable the potential for impacts on the

amenity for future occupiers of the site, and not just rely on glazing and ventilation schemes to protect the

internal environment of the proposed residential properties.

There may be potential to work with businesses in the vicinity of the site to reduce noise at source (such

as mitigating noise from the generator highlighted within the acoustic report), which will lower the level of

protection required within the properties.

At this stage, it is unknown how the proposed units will be arranged. As discussed, it is expected that units

will be dual-aspect, with adequate provision of daylight/sunlight. As discussed above, there is a concern

with the relationship of the layout of the proposed blocks as currently portrayed. Care should be taken to

avoid any overlooking/loss of privacy and any loss of daylight/sunlight between blocks – particularly where

this may have an adverse impact upon the amenity provision, including balconies.

It is recommended that privacy screens are considered where balconies are proposed and the location of

windows are carefully considered to avoid any potential overlooking issues.

The application site is located alongside two main roads and within an employment area. It is considered

that a brief Air Quality Assessment should be submitted as part of any formal submission. Noise and

vibration would be generated from employment uses together with noise from Tewin Road and Bridge

Road East due to the site’s close proximity to these roads. Policy R19 of the District Plan 2005 requires

proposals to be refused if the development is likely to generate unacceptable noise or vibration from other

land uses. The Council has an obligation therefore to ensure that the development proposed does not

suffer from a high level of noise, which is considered particularly important as the site is proposed to be

residential. Therefore, a detailed noise impact assessment and overheating assessment are requested to

be submitted to support any formal application.

Car and cycle parking provision The site lies within a relatively short walking distance of the train and bus stations and the majority of the

town centre plus Bridge Road East is on a bus route to Hatfield and a number of neighbouring towns. The

site is accessed by both Bridge Road East and Tewin Road. The site is within zone 3 as defined within the

Supplementary Planning Guidance, Parking Standards, January 2004.

As discussed during our meeting, it is noted that 194 car parking spaces are proposed, with 20 disabled

bays. Some of this provision will be within the proposed block ‘A’ as undercroft parking. As mentioned, in

accordance with the standards set out in the Council’s Supplementary Planning Guidance, 1.25 parking

spaces are required to be provided for 1 bedroom dwellings, and 1.5 spaces per two bed dwellings.

Therefore, the maximum standards are met.

It is also noted that 134 cycle spaces are proposed which accords with the Local Planning Authority’s

standards. However, there is a policy requirement for two wheeled vehicle spaces to be provided, in

accordance with adopted Policy M8, as discussed – these may be provided within the proposed car

parking spaces. In addition, in accordance with draft Policy SADM12, electric vehicle charging points will

also be required.

However, to re-iterate upon the point made during our meeting; the site is within a sustainable location and

it is considered that, in this instance, there is no requirement to provide the maximum number of car

parking spaces. The applicant is strongly encouraged and advised to explore the use of car clubs as an

alternative for the development. In turn, this would reduce the level of hard-surfacing within the site and

potentially accommodate the required amenity space for the proposal.

The pre application indicates that the proposed layout may accommodate the passing of two vehicles from

both vehicular accesses, thereby ensuring a free flow of traffic into and out of the site. The

proposed/existing visibility splays are considered appropriate.

It is advised that, it should be demonstrated that refuse and emergency vehicles are able to enter,

negotiate the site and leave, safely and in a forward gear.

Further, due to the location of the site, on the edge of the town centre and within the employment area, it

is recommended that a car parking management plan is considered to ensure that only residents of the

development are able to utilise the car parking provided. This may be considered as a planning condition

attached to a grant of planning permission, but it is worth considering as part of any transport

statement/travel plan that may be submitted as part of any formal planning application.

Flood risk and contamination

It is noted that the application site is within Flood Zone 1, therefore it is advised that a Flood Risk

assessment should form part of any future formal submission and should outline a detailed drainage

strategy. This may include the use of French Drains, as discussed and relevant Suds planning conditions

may be imposed to any formal planning approval in the future, to mitigate any adverse impacts. It is

advised that further information is sought from the Environment Agency and Thames Water. Relevant

policies relating to this include, Policies R7 and R10 of the District Plan 2005, and Policy SADM14 of Draft

Local Proposed Submission 2016.

Policy R2 of the adopted Local Plan outlines that, development should only be approved on land that is

known to be contaminated where it has been adequately proven that the development or land would not

pose an unacceptable risk to public health or the environment. At this stage, it is unclear what the

conditions of the site may be. Therefore, it is advised that any formal submission is either supported with a

contamination report, or considered as part of any development proposal. Where a report is not submitted,

it may be likely that a planning condition may be imposed to seek clarification on this point.

Refuse

As discussed, Hertfordshire County Council will seek a waste management plan as part of any formal

submission, in accordance with Policy R5 of the adopted Local Plan. Refuse containers are to be 1100

litres, in accordance with the Local Authority’s guidance for the development proposed and for 134 units,

20 containers would be required. In addition, mini recycling centres would be required to be provided

within the site. The Local Authority’s guidance states that one mini recycling centre is provided for every

10-30 dwellings proposed. Therefore, 5 would be required.

Bin stores to have double doors which open outwards, coded bin locks rather than padlocks or electronic

fobs for ease of access to service. The bins must be able to be wheeled on a smooth tarmac pathway a

minimum of 2m width to the freighter with drop kerb to road and a drag distance not in excess of 15m.

Ensure that there are no parking bays or loading bays near the double doors which if in use could impede

the bins being accessed, if necessary Keep Clear markings on the ground should be used. To calculate

the number of bins use the formula for 100l per one bedroom dwelling and an additional 70l per additional

bedroom. 1100l containers cost £390.00 each. Financial contributions will be sought for the provision of

bins through a S106 Agreement.

Archaeology, ecology/protected species, Environmental Impact Assessment

As discussed, the site is not located within an Area of Archaeological Significance, there is no reasonable

likelihood of protected species being present on site. Therefore, it will not be necessary to consider the

Conservation Regulations 2010 or (Amendment) Regulations 2012, National Planning Policy Framework

(paragraphs 118-119), Natural Environment & Rural Communities (NERC) Act 2006 (section 40), Wildlife

and Countryside Act 1981 as well as Circular 06/05.

However, Policy R11 of the Local Plan 2005 and Policies SP11 and SADM16 of the Draft Local Plan

Proposed Submission 2016 outline that, developments will be required to demonstrate how they would

contribute positively to the biodiversity of sites. It is therefore recommended that a method statement be

considered.

At this stage, the proposed development is not contained within Schedule 1 of the Town and Country

Planning (Environmental Impact Assessment) Regulations 2017 (the Regulations). The development

does not fall either within Schedule 2 of the Regulations. Whilst the proposal is considered an Urban

Development Project, as listed at 10(b) of Schedule 2, the development would take place on a site less

than 5 hectares, would not include more than 150 dwellings and would not include more than 1 hectare of

urban development which is not dwellinghouse development. An EIA is therefore not considered to be

required. Should the proposals differ from that which is currently presented at pre application, then this

may be re assessed.

Minerals

The site lays within the sand and gravel belt as identified in the Hertfordshire Minerals Local Plan 2002-

2016 (adopted March 2007). Minerals Policy 5 (Mineral Sterilisation) of the Minerals Local Plan

encourages the opportunistic extraction of mineral for use on site prior to non-mineral development where

significant mineral resources would otherwise be sterilised (that is, made unavailable for future extraction

and use). Therefore it would be encouraging to see if this could be incorporated into the development

should a formal planning application come forward and be approved. This would be undertaken through

the construction process as an informative.

Affordable Housing

The pre application seeks advice for the erection of 134 units. In accordance with Policy H7 of the adopted

Local Plan and Policy SP 7 of the Draft Local Plan Proposed Submission 2016, the Local Planning

Authority anticipates the provision of the minimum 30% affordable housing.

It is anticipated that, 40 units would therefore be affordable with, 51% being social rent and, 49%

intermediate. It should be noted that a proportion of the units proposed would be required to be Part M4

(2) compliant as adaptable in accordance with Policy H10 of the adopted Local Plan.

Planning Obligations

Based on the information to date and as set out above, the proposal would require a S106 planning

agreement.

The S106 Agreement will need to provide for the delivery of the development prior to the occupation of any

of the apartments, affordable housing provision, financial contributions for the provision of refuse bins and

the Council’s monitoring fees. As part of the formal consultation process on any application that may be

submitted other heads of terms may become apparent including, but not restricted, to matters relating to

highways and transport.

It is anticipated that, based upon the information submitted to date, the following planning obligations will be

required:

Youth Services towards the reconfiguration of space at the Welwyn Garden City Young’s People’s

Centre in order to reconfigure the centre £892;

Library Services towards providing additional capacity at Welwyn Garden City Library by

reconfiguring the ground floor £12,082;

Primary Education £66,943;

Secondary Education towards the expansion of Ridgeway Academy (formerly Sir Frederic Osborn)

from 7fe to 8fe £28,577;

Nursery £15,169;

Childcare £4435

Bins 20 x £390 = £7,800;

Fire hydrants.

As discussed, there may be further contributions sought from the Local Authority’s Landscape department,

Highways department, Play Facilities and, subject to the monitoring fee.

These figures will be subject to indexation.

You will be expected to submit heads of terms with any application, for agreement by the Council. Before

entering into an obligation the Council would recommend that the applicant consults a solicitor. Please

note that the applicant will be required to pay any legal fees incurred in the drafting and checking of legal

documents by the Council or the County Council and a solicitor’s undertaking will be required from the

applicant before proceeding with this work.

Please note that the Council will expect that any S106 agreement is completed before the determination of

any planning application to avoid a refusal on the grounds of failing to satisfy the requirements of Policies

M4 and IM2 of the District Plan and the Supplementary Planning Document on Planning Obligations.

Recommendation

It is considered that, on balance, there is no in-principle objection to the proposed development as

presented within the submitted pre application. However, as discussed throughout the course of the

advice contained herein, you are advised to review the proposal. It is recommended that, the original

Norton Building is retained and reused where feasible and, if this is not viable, full justification must be

made for its demolition.

http://www.welhat.gov.uk/index.aspx?articleid=459

http://www.welhat.gov.uk/planningapplication

http://www.welhat.gov.uk/index.aspx?articleid=467

WHBC Application requirements and checklist - https://www.welhat.gov.uk/media/11005/National-Requirements-amended/pdf/National_Requirements_amended.pdf?m=636530040523370000 WHBC Hatfield Heritage Assessment - https://www.welhat.gov.uk/article/8606/Planning-Guidance-Documents HCC Building Futures website - www.hertfordshire.gov.uk/microsites/building-futures/ HCC Highways Development Management - www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/ Interim Car Parking and Garage Policy, Aug 2014 - https://www.welhat.gov.uk/media/9515/Interim-Car-Parking-and-Garage-Policy-Aug-14-/pdf/Interim_Car_Parking_and_Garage_Policy_(Aug_14).pdf?m=635484617448170000)

Roads in Hertfordshire Highway Design Guide 3rd Edition Section 1: Policy Information and General Guidance, chapter 7 https://www.hertfordshire.gov.uk/media-library/documents/highways/development-management/section-1-policy-info-highways-design-guide.pdf

Hertfordshire County Councils Local Transport Plan 4 (May 2018) https://www.hertfordshire.gov.uk/media-library/documents/about-the-council/consultations/ltp4-local-transport-plan-4-complete.pdf

Hertfordshire’s Travel Plan Guidance for

Business and Residential Development https://www.hertfordshire.gov.uk/media-library/documents/highways/development-management/travel-plan-guidance

https://www.welhat.gov.uk/media/11005/National-Requirements-amended/pdf/National_Requirements_amended.pdf?m=636530040523370000

https://www.welhat.gov.uk/media/11005/National-Requirements-amended/pdf/National_Requirements_amended.pdf?m=636530040523370000

https://www.welhat.gov.uk/article/8606/Planning-Guidance-Documents

https://www.welhat.gov.uk/article/8606/Planning-Guidance-Documents

http://www.hertfordshire.gov.uk/microsites/building-futures/

http://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx

http://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx

https://www.welhat.gov.uk/media/9515/Interim-Car-Parking-and-Garage-Policy-Aug-14-/pdf/Interim_Car_Parking_and_Garage_Policy_(Aug_14).pdf?m=635484617448170000)



https://www.hertfordshire.gov.uk/media-library/documents/highways/development-management/section-1-policy-info-highways-design-guide.pdf

https://www.hertfordshire.gov.uk/media-library/documents/highways/development-management/section-1-policy-info-highways-design-guide.pdf

https://www.hertfordshire.gov.uk/media-library/documents/about-the-council/consultations/ltp4-local-transport-plan-4-complete.pdf

https://www.hertfordshire.gov.uk/media-library/documents/about-the-council/consultations/ltp4-local-transport-plan-4-complete.pdf

https://www.hertfordshire.gov.uk/media-library/documents/highways/development-management/travel-plan-guidance

https://www.hertfordshire.gov.uk/media-library/documents/highways/development-management/travel-plan-guidance



Appendix 2 – Pre-application Response (ref. 6/2019/2464/PA)

Colin HaighHead of Planning

Reply To: address as below Direct Tel: 01707357000

Email: [email protected]

09 January 2020

Dear Mr Ross,

Application Reference: 6/2019/2464/PAProposal: Pre application advice for the erection of 4 buildings comprising 134 residential dwellings with associated worksLocation: Norton Building Bridge Road East

Thank you for your further pre-application enquiry in relation to the above proposal, which was received on 3rd

November 2019. Further to our meeting on 4th December 2019 please find below officer’s response to your proposal. This should be read in conjunction with the previous letter dated 13th June 2019.

The previous letter concluded that there was no objection in principle. Concern was however raised regarding the density of the scheme, the relationship between the apartment buildings, the amount of car parking provided and the demolition of the original Norton Building.

In response to the previous letter changes have been applied to the scheme, including alterations to the design, massing, housing mix, amenity space and parking. These changes will be discussed under the relevant headings below.

Principle of Development

The previous pre-application established that the employment use of the building has effectively ceased, following the building being largely vacant for approximately 17 years. However, it is noted that at ground floor there is currently a gymnasium and fitness centre (Class D2) in operation. Notwithstanding this, by virtue of the site having received prior approval for the conversion of the existing building to residential use at first, second and third floor in February this year, the principle of residential use has therefore been established within the majority of the building. The loss of the gymnasium to residential use was subsequently considered acceptable in principle.

Demolition of Building

As for the demolition of the Norton Building this is still strongly objected to, due to the building’s local architectural and historic interest the building is considered to be a ‘non-designated heritage asset’ under the provisions of paragraph 197 of the National Planning Policy Framework (the Framework).

In accordance with paragraph 189 of the Framework, a full Heritage Statement should be submitted with any future planning application, whether for the refurbishment of the building or for its demolition. Such justification has not been submitted in support of this pre-application.

As no justification has been submitted, whilst efforts have been made to replicate the existing structure, the proposed design approach of the new development in mirroring the 1930s/pared-back Art Deco style of the existing building does not mitigate the loss of the existing building. Previous comments on the demolition of the building by the Historic Buildings Officers are still relevant and still need to be addressed. Therefore, theview remains that the retention and reuse of the building is strongly encouraged and that there are no objections to its conversion, extension or erection of additional buildings on the site.

At the meeting you advised that you will be seeking the demolition of the building. If this remains to be your position strong justification will need to be submitted with any full planning permission.

Notwithstanding the above concerns the proposal shall be assessed further in relation to other relevant planning matters.

Design and Layout

The Government attaches great importance to the design of the built environment. The Framework notes good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. This is echoed within the National Design Guide.

The previous pre-application stated that the proposal is considered to be overdevelopment of the site in its current form. This pre-application still seeks advice on the erection of 134 residential units, which would establish an overall density of approximately 100 units per hectare. An assessment is therefore made below to ensure that the proposed density does not have an adverse impact on the character of the surrounding areas.

Since the previous pre-application the housing mix of the scheme has changed. As a result, the new housingmix has been revised to provide a mix of 1, 2 and 3 bedroom apartments. This is supported as it will ensure a more diverse housing mix is proposed, thus meeting a wider range of housing need.

As for the layout, this has been altered in response to the previous pre-application scheme. As a result, the relationship between the proposed buildings has been reviewed. Apartment building B has been redesigned toincrease the distance between it and the neighbouring buildings on the western edge and between apartment building C. Apartment building E has been omitted and apartment building D has been relocated to the northern part of the site. The amenity space has also been increased and the positions of the amenity spaces have been reviewed to ensure they are usable and removed from the shadow of the proposed apartmentbuildings.

The alteration in the layout of the buildings has resulted in a reduction of built form being sporadically placed across the site, allowing room for more soft landscaping, amenity spaces and landscaping within car parking courtyards. Furthermore, the layout of the development would be informed by the wider context of the area, with the buildings remaining of a fairly large footprint. The proposed layout of built form is considered acceptable.

In terms of car parking layout, the undercroft spaces have been removed and replaced with surface parking, along with the basement parking in apartment building A. Access to the basement parking will now be provided at the rear of apartment building A, along with surface parking along this road. As expressed at themeeting there is concern that the car parking courtyards would be highly visible within the streetscene. It is recognised that the indicative drawings suggest views obtained of the car parking would however be obscured through the use of mature landscaping, such a hedgerows and trees. This is encouraged and should be enhanced where possible. I also expect soft landscaping to be integrated within the car park where possible, so that it visually breaks up the appearance of the car parking.

The alteration in the car parking layout has resulted in a reduction of car parking provision. The initial pre-application included 194 car parking spaces, which was policy compliant. Whereas this scheme proposes 162

car parking spaces. The reduction in car parking has not been justified and therefore the lack of car parking proposed suggests that the proposed density is too high on this site. Subsequently, if the car parking were to increase, this would result in a car dominant scheme, consequently resulting in a poor design. It is therefore still considered that the proposed density is too high and should be reduced.

In respect of landscaping, the existing site has few landscape features. As such, the scheme should seek to enhance the landscaping on site to create a visually attractive setting, in keeping with the Garden City ethos. This may include the creation of a boulevard appearance along the access roads, through to the parking courtyards. On the basis of the layout proposed, boundaries would be created through the use of soft landscaping, rather than brick walls or fences, this is encouraged. The boundary treatments and small pocketsof open spaces should be grassed with planting to add interest. I would also encourage you to create a natural landscape appearance on the open space.

In terms of landscaping it is preferable that a landscape scheme is submitted with the full application rather than dealt with via conditions. As such, I recommend that the following further detail is submitting at the full application stage:

• Details of species, sizes and planting densities• Details of planting methods and aftercare• Details of how the landscaping is to be maintained in the long-term.

As for the architectural design of the proposed development, it responds to the local architectural style currently identified on the site. This achieves a positive and coherent identity, which reflects the historical character of the site and creates a sense of identity within the site, whilst paying homage to the non-designated heritage asset.

There is however concern that the addition of the zinc on the 5 storey feature would appear dominant and would detract from the original design. It is therefore advised that you seek to integrate a similar brick feature to the 5 storey element to that existing.

Similarly, the windows should replicated those existing, including details such as the glazing bars, and anymaterials used for the development should reflect those existing and should include the re-use of existing materials where possible.

Impact on the Residential Amenity

In the previous pre-application concerns were raised regarding the layout of the scheme resulting in a loss of light and overbearing impact to some of the apartments. It is considered that these concerns have beenovercome.

You should be aware that the Council have no prescriptive figures regarding back to back distances. It is for the applicant to ensure that adequate separation distances are maintained and that no direct overlooking would result.

Typically back to back distances should be maintained at approximately 21 metres. Such a distance would beconsidered acceptable. Care should also be taken regarding the position of windows to ensure existing andfuture occupier’s privacy is maintained.

For example, at the meeting you acknowledged that apartment block A projected westerly towards apartment blocks B and C and that the windows serving those apartments would be secondary windows, ensuring the rooms had sufficient daylight. This seems reasonable, however these windows should not provide direct views into one and other, particularly apartment block A and B as these are approximately 10-14m from one and other. You also commented that all apartments would be dual aspect and be served with a private balcony, which is supported.

Car Parking Provision

Turning to parking, Policy M14 requires new development to accord with the Parking Standards in the Councils Supplementary Planning Guidance (SPG). The site falls within zone 3 of the council’s parking zones, so you should seek to provide 1.25 car parking spaces per 1 bed, 1.5 spaces per 2 bed and 2.25 spaces per 3 bed. However, the planning statement identifies that there would be 1 space for 1 and 2 bedroom dwellings and 2 spaces for the 3 bedroom dwellings and 26 visitor spaces, totalling 162 car parking spaces including 20 disabled parking spaces.

As expressed within the Interim Policy for Car Parking Standards and Garage Sizes the Council has agreed to treat its existing car parking standards as guidelines rather than maximums. This means that higher or lower car parking standards than those set out in the SPG can be proposed (by landowners, developers, etc) and determined (by officers and elected councillors) on a case-by-case basis taking account of the relevant circumstances of the proposal, its size context and its wider surroundings, as well as the Framework guidance set out above. The onus is therefore on the developer (yourselves) to demonstrate through transport information submitted alongside your planning application that a greater or lesser level of car parking provision is appropriate.

Currently the pre-application does not include any justification, and therefore the parking would not be supported. The lack of parking would suggest that there are too many residential units proposed on the sitethus concluding that the density is still too high. For these reasons I strongly advise justification to be submitted with any future pre-application or application and the number of units be reduced.

In addition to car parking, one long term cycle parking space is required for each flat, which is satisfactory.

Accessible and Adaptable Housing

Policy H10 requires at least 20% of all new dwellings on sites involving 5 or more new dwellings to meet Building Regulations Part M4(2) standards for ‘accessible and adaptable dwellings’ the delivery of which should be distributed across market and affordable tenures. It is considered that this proportion may vary where a proportion of dwellings are proposed to meet Part M4(3) standards for ‘wheelchair user dwellings’. In addition, a proportion of dwellings should be built to lifetime homes standard. In this case, it appears there are no reasons to prevent the properties being built to this standard. Therefore, I would advise you to try and achieve a lifetime homes standard on all of the properties.

Flood Risk and Drainage

Whilst the site does not fall within Flood Zone 1, as it is over 1ha a Flood Risk Assessments will therefore need to be submitted. It is recommended, you seek pre-application advice separately from the Lead Local Flood Authority. As such, we would recommend any concerns raised by the LLFA are tackled.

We would encourage early discussions with Hertfordshire County Council as the Sustainable Drainage System (SuDS) Approving Body. Consent for drainage schemes is likely to be required from this body in the future. Applicants are required to assess all sources of flooding including surface water and managing run-off from new developments under the Framework. In considering the design of SuDS you should take careful consideration of the ground condition and obtain the necessary specialist advice.

Energy and Sustainability

Policy R3 of the District Plan requires that all development includes measures to maximise energy conservation through the design of buildings, site layout and provision of landscaping and incorporate the best practical environmental option for energy supply. It is recommended that new dwellings deliver some of their

energy requirements from decentralised and renewable or low-carbon sources. A statement illustrating how this would be achieved would be required to be submitted with any planning application.

Environmental Impact Assessment

Whilst the applicant has not submitted an Environmental Impact Assessment (EIA) screening request, the Local Planning Authority has undertaken one. The development is not contained within Schedule 1 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the Regulations). The development does not fall either within Schedule 2 of the Regulations. Whilst the proposal is considered an Urban Development Project, as listed at 10(b) of Schedule 2, the development would take place on a site less than 5 hectares, would not include more than 150 dwellings and would not include more than 1 hectare of urban development which is not dwellinghouse development. An EIA is therefore not required.

Planning Obligations

In order to assist applicants a Supplementary Planning Document (SPD) on S106 Planning Obligations was adopted by the Council on the 7 February 2012. The SPD expands on Local Plan Policy IM2 and relates to new development in the Borough. The SPD provides detailed guidance on the type and scale of planning obligations sought, in addition to setting out the Council's approach to securing planning obligations, with the aim of establishing a transparent, fair and consistent process for negotiating and monitoring planning obligations. Based on the information submitted, a contribution will be sought to mitigate the impact of the development on the locality in accordance with Policy IM2 of the District Plan.

i) Affordable Housing and Mix

Policy H7 of the District Plan 2005 and Policy SP7 of the emerging Local Plan, the Council will expect the site to include the minimal provision of 30% affordable housing.

The planning statement submitted states that vacant building credit (VBC) is applicable in this instance and it therefore concludes that no affordable housing provision is required. As discussed at the meeting, as there is a lack of information currently submitted with this scheme, the LPAs position would be that the site does not benefit from VBC. However, it is understood that you would be submitting the relevant information at full planning stage addressing VBC and therefore an assessment will be made at that stage.

ii) Additional Contributions

In accordance with the Council’s SPD Planning Obligations there is potential for financial contributions to the list below. Please note, that the list below is not exhaustive, so additional contributions may be sought on receipt of the planning application:

• Play Facilities• Green Space • Outdoor Sport Facilities• Indoor Sport Facilities • Community Facilities• Waste and Recycling• Also NHS contributions

Please note that any planning obligations which may be relevant are also subject to an additional 5% administrative monitoring charge (up to a maximum amount of £5,000 and will be included in the S106). There is an additional charge for officer time connected with the discussions for the preparation of this legal agreement during the application process. Please check the table on website for the latest figure at: www.welhat.gov.uk/index.aspx?articleid=1048 at the time of the planning submission. This is in addition to solicitors costs.

Hertfordshire County Council Obligations

With regard to the contributions requested by Hertfordshire County Council, (HCC) obligations would be sought towards education, library and youth services to minimise the impact of development on HCC service’s for the local community.

With regard to the above contributions required, the applicant will be expected to submit heads of terms with their application, for agreement by the Council. Before entering into an obligation, the Council would recommend that the applicant consults a solicitor. Please note that the applicant will be required to pay any legal fees incurred in the drafting and checking of legal documents on by Welwyn Hatfield Borough Council and Hertfordshire County Council and a solicitor’s undertaking will be required form the applicant before proceeding with this work.

In summary, as part of any planning application, the following information is required in order to have a valid proposal:

1. A solicitors undertaking on behalf of the applicant undertaking to pay the reasonable legal fees of the Borough Council and County Council in drawing up the agreement(s)

2. Whether you are looking to complete an agreement or undertaking3. Whether your solicitors would be preparing the first draft4. The name, address, phone number and email address of your solicitor5. An up to date certificate of title from your solicitor or up to date official copies or certified copies of

title documents.6. If the planning applicant is not the freehold owner of the land and/or any other person, mortgagee,

company, corporation, executor or trustee, has a legal interest in the land then please provide full contact details of all other parties involved and their solicitors.

7. Copies of a site location plan for inclusion within any agreement8. Heads of terms (if not already submitted with the application) including trigger dates for

payments/provision

Please be aware that the Council would expect that any S106 agreements are completed before the determination of the planning application to avoid a refusal on the grounds of failing to satisfy the requirements of Policies M4 and IM2 of the District Plan and the Supplementary Planning Document onPlanning Obligations.

Conclusion

The proposed pre-application is an improvement upon the previous scheme submitted, however additional information and alterations are required. Currently the density of the scheme, the lack of car parking providedand the demolition of the original Norton Building is not supported. You should therefore address points raised within this letter and be mindful of the points of objection in the other letter.

Other Matters

As discussed, it is advised that you discuss the proposal with neighbours before submitting the application as we will consult them once the application is received. You may also like to refer to the Council’s Statement of Community Involvement when considering your pre-application consultations.

This advice is given based on the submitted documentation and is given without prejudice to the decision of the Local Planning Authority in respect of this enquiry or any future application which may be submitted. Please note that there may be other issues which come to light when a planning application is submitted and consultations carried out.

In the meantime, should you have any queries, please do not hesitate to contact me.

Yours sincerely,

Ms Clare Howe

Principal Major Development Management Officer



Appendix 3 – Pre-application Response (ref. 6/2020/2438/PA)

Stefanie Mizen 30 Warwick Street London W1B 5NH

Colin Haigh Head of Planning

Reply To: address as below

Direct Tel: 01707357000 Email: [email protected]

18 December 2020

Dear Ms S Mizen, Application Reference: 6/2020/2438/PA Proposal: Pre-application advice for the erection of 4 buildings comprising 134 residential dwellings with associated works Location: Norton Building, Bridge Road East, Welwyn Garden City, AL7 1JR Thank you for your pre-application enquiry in relation to the above proposal, which was received on 17th September 2020. Further to our meeting on 22nd October please find below officer’s response to your proposal. Please note, this letter should be read in conjunction with the previous letters dated 13th June 2019 and 9th January 2020 and the Viability Report considered by Aspinall Verdi on behalf of the Local Planning Authority (LPA). To summarise, the previous pre-application responses concluded that there was no objection in principle to the development. However, the demolition of the Norton Building was strongly objected to and concern was raised regarding the lack of car parking due to the development being of such a high density. This pre-application relates to heritage matters only. The development still seeks to demolish the existing building, and a Financial Viability Assessment (FVA) a Heritage Significance Statement and Pre-application Design Statement have been submitted to justify the loss of the non-designated heritage asset. As agreed, the FVA has been assessed by the LPA’s Financial Consultant, Aspinall Verdi and their Viability Report will be emailed to you. In considering whether the existing building could be viably converted you considered the following development options within the FVA: i. Part conversion (Prior Approval scheme) ii. Full conversion with additional new build development (‘Option A’) iii. Full conversion, vertical extension and additional new build development (‘Option B’) iv. Demolition and comprehensive new build development (the proposed scheme) (‘Option D’) I note an additional scenario (‘Option C’), was also considered by the projects architects whereby the façade is retained and a new build development constructed behind, and that you considered this unfeasible, along with Options A, B and the prior approval. For this


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reason I understand you intend to pursue Option D, which includes the demolition of the existing building and erection of a new build development. Planning Discussion Paragraph 197 of the NPPF states ‘the effect of a proposal on a non-designated heritage asset should be based on the scale of any harm and loss and the significance of the heritage asset.’ In the emerging Local Plan (eLP) Policy SP11 states the LPA will seek the protection of heritage assets commensurate with their status. Policy SADM15 of the eLP in the final paragraph refers to proposals that result in harm to the significance of other heritage assets will be resisted unless the need for and benefits of the development outweigh the harm and all feasible solutions to avoid and mitigate that harm have been fully implemented. The proposed development includes the demolition of the entire non-designated heritage asset, thus resulting in the greatest level of harm. As for the historical significance of the non-designated heritage asset, it is agreed that the Norton Building is of historical and architectural interest. The Heritage Significance Statement states that overtime infill development has resulted in a loss of the Garden City principles surrounding the design and layout of the site and the use of the building has also changed. This is not necessary disagreed with, but I am of the view that due to the size and location of the existing building the architectural design of the building contributes to the character of the immediate locality. The building is therefore considered to be of localised importance. To conclude, in line with Paragraph 197 of the NPPF, the scale of harm would be substantial on the non-designated heritage asset and the significance of the heritage asset is considered to be of localised importance. Due to the harm that would derive from this development the demolition of the building is objected to. However, whilst objections are raised to the demolition of the Norton Building, you have submitted an FVA to demonstrate the retention of the building would not be viable. Having assessed the FVA you will note that the fundamental outcomes remain the same in that Option D is the only scheme shown to be viable. For reference Option D included the demolition and comprehensive new build development, so the scale of harm to the asset would be substantial. The FVA therefore demonstrates that other development options which would preserve the significance of the building are not viable. In addition to the above, and in line with Policy SADM 15 of the eLP the loss of the heritage asset would be considered in tandem with any public benefits derived from the proposed development. At this stage, you have not demonstrated that the need and public benefits of the development outweigh the harm as required within Policy SADM 15 of the eLP. If you wish to pursue an application in this regard, your application will need to demonstrate the public benefits from this development and outline how you consider they would outweigh the harm associated to the loss of the non-designated heritage asset, as required by Policy SADM 15 of the eLP. Officers will then make an assessment of the application and come to a conclusion if the benefits outweigh the harm. In addition to this, you will need to ensure any future development respects the existing building and reflects the historical character. I strongly advise you consider and address comments on design within the previous pre-application and submit a follow up pre-application, which focuses on design and other planning matters. You must ensure any

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replacement building is of a high architectural design paying homage to the existing building and where possible you should include the reuse of existing fabrics. You should also ensure any future planning application is supported with a Heritage Statement. To conclude, the application if submitted in its current form would be refused as further information is required as detailed above. Other Matters Please note, as the proposals are yet to be finalised and submitted as part of a formal application, I recommend that the viability is kept under continual review. The application may not be considered in full and decided upon for a matter of months, by which point the implications of COVID-19 and Brexit may have influenced the cost and value assumptions or other appraisal inputs (e.g. benchmark land value). Viability will therefore be reassessed at the decision-making stage to ensure the inputs remain reasonable and reflective of the exact proposals and market circumstances. You will therefore need a further report to be submitted as part of an application, which will then need to be re-assessed by AV, where the associated costs will be expected to be paid by the applicant. I have received consultee comments from WHBC Client Services, HCC Growth and Infrastructure, HCC Historic Environment, WHBC Affordable Housing and WHBC Public Health and Protection. These comments will be shared with you directly via email. This advice is given based on the submitted documentation and is given without prejudice to the decision of the Local Planning Authority in respect of this enquiry or any future application which may be submitted. Please note that there may be other issues which come to light when a planning application is submitted and consultations carried out. In the meantime, should you have any queries, please do not hesitate to contact me. Yours sincerely, Ms Clare Howe Principal Major Development Management Officer



JLL

30 Warwick Street London W1B 5NH

Asher Ross

Director Planning, Development & Heritage

0207 087 5042

[email protected]

JLL

30 Warwick Street London W1B 5NH

Stefanie Mizen

Associate Planning, Development & Heritage

0203 147 1815

[email protected]

www.jll.co.uk

Jones Lang LaSalle

© 2019 Jones Lang LaSalle IP, Inc. All rights reserved. The information contained in this document is proprietary to Jones Lang LaSalle

and shall be used solely for the purposes of evaluating this proposal. All such documentation and information remains the property of Jones

Lang LaSalle and shall be kept confidential. Reproduction of any part of this document is authorized only to the extent necessary for its

evaluation. It is not to be shown to any third party without the prior written authorization of Jones Lang LaSalle. All information contained

herein is from sources deemed reliable; however, no representation or warranty is made as to the accuracy thereof.