MEMORANDUM
To: Members of the Development
Control Committee
Chief Officers
From Legal and Member Services
Ask for Nicola Cahill
Ext
25554
My Ref NC/DCC/121024
Your Ref
______________________________
DEVELOPMENT CONTROL COMMITTEE
24 OCTOBER 2012
MINUTES
ATTENDANCE
MEMBERS OF THE COMMITTEE
P J Bibby, C N Brazier, T Douris (substituting for C L Berry), D S Drury,
T Heritage (substituting for R H Smith-Chairman), B N W Hammond (ViceChairman - in the Chair), N K Brook, J Lloyd, S Quilty, E T Roach, P A Ruffles,
R L Shakespeare-Smith, J W A Usher, A D Williams (substituting for M D M
Muir), A S M Witherick (substituting for G R Churchard)
MEMBERS ALSO PRESENT
M Cowan, M Frearson, P V Goggins, S Johnson, S Markiewicz, W A Storey
Upon consideration of the agenda for the Development Control Committee
meeting on 24 October 2012, as circulated, copy annexed, action was taken or
decisions were reached on individual items as recorded below.
Note: No declarations of interest were made by any member of the
Committee in relation to the matters considered at this meeting.
CHAIRMAN’S ANNOUNCEMENTS
Prior to the commencement of the meeting the Chairman read out the following
statement;
‘This is a special meeting of the DC Committee to consider the planning
application for a recycling and energy recovery facility on land at New Barnfield,
Travellers Lane, Hatfield.
For the benefit of members of the public and the press, I will start this meeting
by briefly explaining the procedure that the Committee will follow.
Given the interest in and scale of the application, I have agreed in line with the
County Council’s constitution and DC Committee protocol that normal speaking
rights at Committee be expanded – to allow both more time and a greater
number of parties to speak. In all other ways the normal procedures of the
Committee will be followed.
The meeting will begin as normal with the presentation of petitions.
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MEMORANDUM
This will then be followed by the presentations by groups and individuals
speaking against the proposal and those in favour of it.
This will then be followed by the officer presentation, which takes us through
the matters covered in the printed report and any other matters which have
arisen since the publication of the report.
It should be noted that Officers will only present a summary of the contents of
the report, as Members have read the report and the supporting material. The
Committee has carried out a visit to the site and are therefore familiar with the
site and its location.
Members will then ask officers questions of clarification regarding the content of
the report and their recommendation, before I ask to the committee to debate
the recommendations of officers.
Once the debate has concluded the Committee will vote on the
recommendations.
There will now be a statement read out by the solicitor for the Committee,
advising Members on the matters to be considered today.’
ANNOUNCEMENTS
At the request of the Chairman the following statement was read out by the
Solicitor for the Committee;
‘The meeting today is to consider the planning application for the development
of a recycling and energy recovery facility on land at New Barnfield Hatfield.
Members will need to consider this matter taking into account the County
Council’s function and interests as Waste Planning Authority and must
therefore consider the application with an open mind taking into account all
relevant planning considerations only.
This meeting is separate to any previous meetings that may have considered
the Waste Core Strategy or the Site Allocations DPD. Members who attended
such meetings are not precluded from attending this meeting provided that
when considering this application they do so with an open mind taking into
account any relevant planning issues that may be raised.
Issues have been raised concerning what financial considerations can and
cannot be taken into account when considering this application. Whilst the
report touches on the issues of financial considerations, for the avoidance of
doubt issues such as whether a property can be blighted from a development,
the cost of building this development and the costs of the procurement process
are not planning considerations and must therefore not be taken into account
when considering this application.’
PUBLIC PETITIONS
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MEMORANDUM
Simon Archer presented 4 petitions as per the below and addressed the
Committee for five minutes on the subject of the petitions:
Welwyn Hatfield Labour Party Petition- ‘We the undersigned feel that New
Barnfield is a wholly inappropriate site for a waste incinerator. It is a site close
to residents and school children and is not suitable for waste treatment
facilities’.
Welwyn Hatfield Conservative Association Petition- ‘New Barnfield is under
threat from the possibility of a waste incinerator. It would mean a lorry passing
through every five minutes carrying waste from across Hertfordshire. We are
opposed to the use of this site on the basis that there are two schools and a
library at the location and in addition the road infrastructure will be unable to
support the huge increase in traffic volume. This petition will be presented to
the shortlisted bidder and the County Council to demonstrate the strength of
local public opinion’.
Liberal Democrat Petition – ‘ We the undersigned call on Hertfordshire County
Council Development Control Committee to refuse permission for the Veolia
incinerator at New Barnfield as the impact on Southfield School is too
significant, especially the noise, smell, vibration and shadowing of the school
grounds’.
The Green Party Petition – ‘We the undersigned call on Hertfordshire County
Council Development Control Committee to refuse permission for the Veolia
incinerator at New Barnfield, Hatfield. An incinerator of this size would emit
300,000 tonnes of carbon dioxide emissions to combat climate change.
Furthermore, to site it right next to a special needs school with all the noise
and fumes this will entail, is equally unacceptable’.
Clive Bennet presented a petition as per the below and addressed the
Committee for five minutes on the subject of the petition:
‘I am delivering by hand today a Petition signed by 150 people who wish to be
represented by the North Mymms District Green Belt Society in their
opposition to the latest Consultation concerning Traffic at New Barnfield. The
opposition is to the added volume of traffic suggested.
I would re-iterate our previous opposition to the permission for an Incinerator
at New Barnfield as the site is within the Green Belt. With an expected volume
of waste available at 280,000 tonnes and viable figure needed by Veolia for
the incinerator at 380,000 tonnes, where will the lorries be coming from?
The area at the proposed site is used by local residents for recreation, cycling
and walking which is most important to health. Furthermore the site is so close
to the village of Welham Green that the proposed incinerator will dominate and
is totally out of keeping with the area. The proposed increase in traffic at an
already busy site will be detrimental to health and happiness.
We would like to represent the undersigned in opposing the Planning
Application.’
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MEMORANDUM
1.
PLANNING APPLICATION FOR THE DEMOLITION OF EXISTING
LIBRARY AND TRAINING BUILDINGS AND THE CONSTRUCTION AND
OPERATION OF A RECYCLING AND ENERGY RECOVERY FACILITY
FOR THE TREATMENT OF MUNICIPAL, COMMERCIAL AND
INDUSTRIAL WASTES TOGETHER WITH ANCILLARY
INFRASTRUCTURE INCLUDING BULKING/TRANSFER FACILITIES,
ADMINISTRATION/VISITOR CENTRE, LANDSCAPING, HABITAT
CREATION, DRAINAGE AND HIGHWAY IMPROVEMENT WORKS ON
LAND AT NEW BARNFIELD, TRAVELLERS LANE, HATFIELD,
HERTFORDSHIRE BY VEOLIA ENVIRONMENTAL SERVICES LTD
[Officer Contact- Iain Leech
1.1
Tel: 01992 556 225]
Prior to consideration of the Officer’s recommendations made within the
report, the Committee was addressed by 8 speakers: Mr Kieran Thorpe
representing New Barnfield (Action Fund) Trust opposing the application,
Ms Cathy Roe representing Hatfield Against Incineration opposing the
application, Mr Mick Bee representing Herts WithOut Waste opposing the
application, District Councillor A L Perkins representing Welwyn Hatfield
Borough Council opposing the application, Ms Claire Taylor representing
North Mymms Green Belt Society opposing the application, Ms Adrienne Nix
as local resident opposing the application, Mr Peter Clegg representing
Gascoyne Holdings Ltd (Hatfield House) opposing the application and Mr
Nick Hollands and Mr Keith McGirk spoke on behalf of the applicant in
support of the application.
The main points of those speaking in opposition can be summarised as per
the below:
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Impact on Green Belt
Visual Intrusion
Traffic Impact
Loss of Amenity
Loss of Wildlife
Noise of HGVs
Using the cycle-path
Smell and fumes
Vermin
Proximity to Southfield School
Nature-reserves and wildlife
Loss of the Central Resources Library
Prematurity -Waste Sites Allocations document in process of
consultation
Sustainability
Heritage sites and in particular the impact upon the setting of the
Grade 1 listed Hatfield House and its nationally significant parkland
over-capacity of this type of treatment facility
problems with Commercial and Industrial waste
Alternative solutions
Issues of the size and scale of the proposed RERF
The number and nature of objections received from local authorities,
local groups and residents.
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MEMORANDUM
The main points of those speaking in support were as per the below:
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1.2
the compatibility of the proposals with national policy;
the need for the development and the site selection process
particularly in the context of the wider Hertfordshire waste
management strategy and collection/disposal arrangements;
the extensive work we have undertaken in relation to alternatives
along with traffic and highway considerations;
the sustainability and design credentials of the development;
the regard afforded to the Southfield School along with our
commitment to community engagement generally;
the key findings of the Environmental Impact Assessment and in
particular those matters addressed in relation to noise, air quality,
built heritage, ecology, land stability and hydrology. This will also
include the controls and mitigation measures available through
planning condition and legal agreement;
public perception concerns; and
the interface with the Environmental Permitting regime and the
controls and limits that will be imposed and regulated in that regard
committed to working with local communities
Community benefits e.g. employment
Safe, proven and long term technology
Members were advised that this was an application which sought planning
permission for the development of a recycling and energy recovery facility
on land at New Barnfield, Travellers Lane, Hatfield. The facility would be
utilised for the treatment of up to 380,000 tonnes of municipal, commercial,
industrial and health care waste. Members were reminded as to the height
and size of the proposed facility which would measure approximately 170
metres long, 150 metres wide and 41 metres high. Additionally the proposal
included two emission flues which would measure 75 metres in height from
ground level. The two flue stacks would have a diameter of 2m each. Also
proposed within the application were additional landscaping, habitat
creation, drainage and highway improvement works.
Member’s attention was drawn to the update on consultation responses
which had been circulated to them setting out further representations that
had been received since the committee report was prepared. Attention was
also drawn to the letter to Members of the committee sent by Cllr Stuart Pile
and a reminder that regard to the matters raised in all representations
should be made as part of any determination.
1.3
It was noted that the facility would produce 30 mega watts (MW) of
electricity, approximately 4MW of which would be utilised by the plant itself,
whist the remaining 26MW of energy would be fed into the national grid.
Officers advised that Hatfield House was a Grade I listed building and
parkland of national importance and that English Heritage and the
Gascoyne Cecil Estate raised substantial objections to the proposal.
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Officers advised members that Hertfordshire County Council had
commissioned independent heritage advice regarding the potential impact
such a facility might have on Hatfield House and Parkland. As set out in the
report this advice stated that there would be less than substantial, i.e.
moderate harm to the setting of Hatfield House and Parklands as a result of
the proposal subject to the retention of tree screening and planting as per
the proposed obligation in the legal agreement.
With regards to highway matters, Members were advised that any routeing
would include all HGVs with the exception of local refuse collection vehicles
arising from St. Albans, Hertsmere and Welwyn Hatfield districts/boroughs.
1.4
Officers advised members as to the context within which the proposal had
been received. 500,000 tonnes of Local Authority waste was collected
annually in Hertfordshire, 50% of which was sent to landfill. Members were
reminded that the proposal would restate Hertfordshire’s commitment to the
recycling of waste, whilst meeting Hertfordshire’s objectives of managing
waste as locally as possible.
In terms of an update on the committee report, Member’s attention was
drawn to the order paper and minor drafting changes to proposed
conditions.
Clarification was also given in relation to the provisions relating to the local
employment protocol and the University of Hertfordshire links. Whilst these
had been proposed by the applicant and the Waste Planning Authority
considered these to be additional benefits, Members were advised that
these benefits were not to be taken into account in reaching the decision
regarding the proposal as they did not pass the tests of relevance
established by regulation 122 of the CIL Regulations 2010. Furthermore,
the following matters that were recommended for inclusion as Section 106
obligations required in connection with the permission were, on further
consideration, considered most appropriately dealt with by way of condition.
These were HGV routeing, travel plan details, community woodland and
nature conservation, RERF visitor centre and publication of emissions
monitoring data.
1.5
Following questions from Members it was noted that:
 With regard to the assessment of pollutants the UK had translated the
EU’s Waste Incineration Directive into law, as such pollutants would
be monitored by the Environment Agency as the appropriate
regulatory body, as part of the site’s pollution control permit;
 vermin control would be undertaken by the developer within the
enclosed facility;
 As part of the Environmental Statement, modelling of highway impacts
was carried out by the applicant. Discussions had taken place
between the applicant, the Highways Agency and Hertfordshire
County Council as Highway Authority regarding highways matters
modelling. Neither the highway authority or Highways Agency had
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raised any objections or concerns with regards to the capacity and
operation of the major or local highway network.
 Only low level health care waste (such as bandages, dressings etc
arising from care/nursing homes and veterinary services) would be
combusted at the facility. Any other categories of health care waste
received would be transferred to other appropriate licensed facilities
for treatment.
 Issues highlighted by cycling interest groups would be subject to a
highways safety audit;
 That a heritage assessment was carried out by the applicant following
a request for further information by the County Council and that
independent heritage advice was sought by the County Council also.
1.6
1.7
In debate Members:
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noted that proposal presented a modern and well-designed facility;
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noted Southfield School would be relocated during the construction
period;
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Acknowledged that there would be a moderate adverse visual
impact on the surrounding areas;
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Raised concerns regarding the proposed location with reference to
the potential transport impacts and impact on Southfields School;
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Highlighted the need for such a facility in Hertfordshire;
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Recognised the Environment Agencies statement that special
circumstances had been met with regards to granting planning
permission for such a proposal at the site;
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The potential boost to employment served as a significant material
factor and the proposal had been welcomed by the Hertfordshire
Chamber of Commerce
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Stated that having undertaken site visits to other similar facilities
across the country Members noted that there was no discernable
smell or noise from such sites. Many Members had been impressed
with the operation and robust processes in place
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Highlighted the need to ensure that protected species were
adequately provided for within the planning conditions
The following amendment to the draft heads of terms for the legal
agreement was proposed by T Heritage and duly seconded, and following
a show of hands the motion was CARRIED:
‘That the applicant engage with the local community to consider an agreed
sum of money to improve sustainable transport and to mitigate the impacts
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of the development on the local community around the site and Welham
Green.’
1.8
The following amendment to the hours of operation within the Officer’s
proposed conditions as outlined in the report was proposed by E Roach
and duly seconded, following a show of hands the motion was CARRIED:
‘The RERF may operate for 24 hours a day and 7 days a week including
during bank and public holidays under the terms of this permission. This
shall include receipt of waste from the Tipping Hall / Waste Bunker. There
shall be no importation of waste to the site except during the hours of 0700
and 2100 daily, 7 days a week. ‘
1.9
The Committee following a vote by show of hands (For 11; Against 4)
RESOLVED that for the reasons set out in the report and subject to i) the
referral of the application to the Secretary of State and he not wishing to call
the application in and ii) the prior conclusion of a legal agreement to include
the heads of terms as detailed below, that the Head of Spatial and Land Use
Planning be authorised to grant planning permission for this proposal
subject to conditions to include the following topics;
Topics for Control by way of Condition
Time Limit
1. The development hereby permitted shall begin not later than three
years from the date of this decision. Not less than fourteen days prior
notice in writing shall be given to the Waste Planning Authority of the
intended date for the commencement of the development of the
Recycling and Energy Recovery Facility (hereinafter RERF. For the
avoidance of doubt, commencement of development shall exclude site
investigations, non-intrusive site set-up and ecological/habitat works).
Within seven days of the commencement of the development the
developer shall notify the Waste Planning Authority in writing of the
date of the commencement which shall be referred to hereinafter as
the Commencement Date.
Not less than seven days prior notice shall be given by the operator to
the Waste Planning Authority in writing of the intended date for the
commencement of first importation of waste to the RERF, which shall
be referred to hereinafter as the commissioning Date.
Reason: To comply with the requirements of Section 91 of the Town &
Country Planning Act 1990 (as amended).
Approved documents
2. Unless otherwise agreed in writing by the Waste Planning Authority,
the development hereby permitted shall be carried out in accordance
with the approved scheme comprising:
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i.
The permitted scheme as contained within the application form
dated 16th November 2011 and the supporting and other
documents comprising:
ii.
Design and Access Statement (Issued 11/11/11 Job Number
19207 Revision 1i)
iii.
Planning and Sustainability Statement November 2011 (Barton
Willmore Ref: 19207/A5/P1/SK/KF)
iv.
Transport Assessment (URS Scott Wilson Ltd) November
2011
v.
Landscape and Biodiversity Management Strategy (Barton
Willmore Landscape Planning and Design) 7th November 2011
(Ref: BWLPD/19561/A5/MC/PC)
vi.
Statement of Community Involvement (November 2011)
vii.
Climate Change Statement (Issue 1 – November 2011)
viii.
Flood Risk Assessment (November 2011)
ix.
Drainage Management Plan (November 2011)
x.
Tree Survey (Forbes-Laird Aboricultural Consultancy –
October 2011 Ref: CC31-1033)
xi.
Health Impact Assessment for New Barnfield Recycling &
Energy Recovery Facility – Final Report (ERM) 15th November
2011
xii.
Photomontage Location Plan – Verifiable photomontage
images P1-P19
xiii.
Environmental Statement Volume 1
xiv.
Environmental Statement Volume 2
xv.
Environmental Statement Volume 3
xvi.
Environmental Statement Volume 4
xvii.
Environmental Statement Volume 5
xviii.
Plans
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19207/21-1/B
111109_Site Plan
111109 Site Plan
2/2.GB.21/J
3/2.GB.21/J
Site Plan
Site Plan (A1)
Site Plan (A3)
Level +0.00
Level +7.00
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xix.
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4/2.GB.21/J
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5/2.GB.21/J
6/2.GB.21/J
7/2.GB.21/J
19207/20A
19207/21A
19207/LA/03/D
19207/LA/11-1/D
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19207/LA/11-2/D
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19207/LA/11-3/D
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19207/LA/14
19207/LA/12-1-3/B
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19207/LA/12-2-3/B
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19207/LA/12-3-3/A
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20/2.GB.21/J
21/2.GB.21/J
22/2.GB.21/J
23/2.GB.21/J
24/2.GB.21/J
25/2.GB.21/J
30/2.GB.21/J
31/2.GB.21/J
32/2.GB.21/J
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ST-2222-1-C
Levels +13.00, +17.00 and
+21.00
Vehicles Circulation Plan
Visitors Route Plan
Comparative Footprint
Site Location Plan
Site Plan
Landscape Sections
Landscape Proposals Sheet
1 of 3
Landscape Proposals Sheet
2 of 3
Landscape Proposals Sheet
3 of 3
Landscape Proposals Plan
Tree Removal Strategy
Sheet 1 of 3
Tree Removal Strategy
Sheet 2 of 3
Tree Removal Strategy
sheet 3 of 3
Long Section
Cross Section
South-East Façade
North-West Façade
North-East Façade
South-West Façade
Administration Plan 1 / 2
Administration Plan 2 / 2
Gate House and Welfare
Facilities
Means of Access Plan
Option 2B
The further information submitted by Veolia Environmental
Services (UK) PLC to Hertfordshire County Council in May
2012 (comprising a response under Regulation 22 of the Town
and Country Planning (Environmental Impact Assessment)
Regulations 2011 comprising:
1.
2.
3.
4.
5.
Alternative Sites Assessment (Ref:
19207/A5/P3/SK/NF)
Rebuttal Statement in respect of representations made
by Welwyn Hatfield Borough Council to the New
Barnfield application (Ref: 19207/A5/P5/SK/NF)
Additional Environmental Information (URS
Infrastructure & Environment UK Limited)
Regulation 22: Further Information (URS Infrastructure
& Environment UK Limited)
Photomontage Location Plan – Verifiable photomontage
images P1, P3, P5, P9, P10, P12, P20, P21 (winter
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6.
xx.
The further information submitted by Veolia Environmental
Services (UK) PLC to Hertfordshire County Council in June
2012 (comprising a response under Regulation 22 of the Town
and Country Planning (Environmental Impact Assessment)
Regulations 2011 comprising:
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xxi.
views)
Bat Mitigation Strategy May 2012 – 47061784 (URS
Infrastructure & Environment UK Limited)
Photomontage Location Plan – Verifiable photomontage
images P22, 23 and 24
Blimp Photographs – Heritage Study Location of
Photographs 1-13 Hatfield House Park and Old Palace
Heritage Report: Additional Information and Setting
Assessment June 2012 (URS Infrastructure &
Environment UK Limited)
Plume Visibility Table (dated 15th June 2012)
Verifiable photomontage images, methodology and
supporting evidence – New Barnfield, Hatfield Phase IV
June 2012 (Designhive Media Ltd)
Verifiable photomontage images, methodology and
supporting evidence – New Barnfield, Hatfield Phase III
May 2012 (Designhive Media Ltd)
The further information submitted by Veolia Environmental
Services (UK) PLC to Hertfordshire County Council in
September 2012 (comprising a response under Regulation 22
of the Town and Country Planning (Environmental Impact
Assessment) Regulations 2011 comprising:
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Consolidated Quantitative Assessment of Operational
Traffic Effects (URS Infrastructure & Environment UK
Limited)
URS Letter re Southfield School (dated 4th September
2012)
URS Letter re Hatfield House (dated 5th September
2012)
URS Letter re Local Wildlife Sites (dated 31st August
2012)
URS Letter re further information (dated 16th July 2012)
Local Wildlife Sites Information Parts 3, 4 and 5
Reason: To ensure that the proposed development will be carried out as
permitted and so as to avoid any detriment to local amenity.
Southfield School
3. With the exception of site investigation set up, habitat and ecological
works, no development shall take place before, Southfield School has
been vacated.
Reason: To avoid any direct impacts upon pupils at Southfield School
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during construction works.
Hours of Operation
4. The RERF may operate for 24 hours a day and 7 days a week
including during bank and public holidays under the terms of this
permission. This shall include receipt of waste from the Tipping Hall /
Waste Bunker. There shall be no importation of waste to the site
except during the hours of 0700 and 2100 daily, 7 days a week.
Reason: To comply with Waste Policy 13 of the Hertfordshire Waste
Local Plan which seeks to protect the amenity of the surrounding area.
HGV Movements
5. Unless otherwise approved in writing by the Waste Planning Authority,
there shall be no more than 372 HGV movements in total (186 in/186
out) to and from the site on any one week day, 128in/128out on
Saturdays and 28in/28out on Sundays.
Reason: In the interests of local amenity
Access
6. Before the Commissioning Date, all access and junction arrangements
serving the development shall be completed in accordance with the
approved in principle plans no ST-222-1-C and constructed to the
specification of the Waste Planning Authority.
Reason: To ensure that the access is constructed to the current
Highway Authority’s specification.
Signage
7. Before the Commencement Date, a scheme of signage shall have
been submitted to and approved in writing by the local planning
authority. The submitted scheme shall include specifications for road
signs warning drivers of pedestrians/cyclists to be located at an
approved point near the access road crossing and signs for other road
users warning them of the presence of HGVs. The approved scheme
shall be implemented prior to the Commissioning Date and the signage
shall thereafter be retained throughout the period of the operation of
the RERF.
Reason: In the interests of highway safety and safeguarding the
amenities of local residents.
Access Arrangements
8. Within 12 months of the Commencement Date full engineering details
including road specification, drainage, pedestrian crossing details and
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street lighting of the new access road serving the site from Travellers
Lane shall have been submitted to and approved in writing by the
Waste Planning Authority. The development hereby permitted shall not
be first brought into use until the highway works have been constructed
in accordance with the approved details. The highway works shall
thereafter be retained throughout the period of operation of the RERF.
Prior to the Commissioning Date all parking / turning / servicing areas
shall be surfaced and marked and thereafter retained throughout the
period of operation of the RERF.
Reason: In the interests of highway safety and safeguarding the
amenities of local residents.
Site Waste Management Plan
9. Prior to the Commencement Date a detailed Site Waste Management
Plan shall have been submitted to and approved in writing by the
Waste Planning Authority. The Plan shall identify the main waste
materials expected to be generated by the development during
construction and subsequent operation of the Site and set out
measures for dealing with such materials so as to minimise waste and
to maximise re-use, recycling and recovery, including:
i. Any additional information on waste generated prior to the
construction phase including detailed site investigation activities and
contract documentation.
ii. The intended arrangements for managing construction waste
(including the re-use of bulk earthworks on site).
iii. The proposed measures for waste minimisation during the
construction phase and during subsequent site operation. The Plan
shall thereafter be implemented in accordance with the approved
details throughout the construction period and throughout the period of
operation of the RERF unless otherwise agreed in writing by the Waste
Planning Authority.
Reason: In order to minimise waste arisings from the construction
operations.
External Storage Of Goods
10. Unless otherwise approved in writing by the Waste Planning Authority,
there shall be no external storage of materials on site.
Reason: In the interests of local amenity
Noise Minimisation Scheme
11. Prior to the Commencement Date an On-Site Construction and
Operation Noise Minimisation Scheme shall have been submitted to
and approved in writing by the Waste Planning Authority. The Scheme
shall include details of the noise attenuation measures to be applied
during the construction phase, and during subsequent operation of the
Site, including:
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i. Details of how all vehicles and mechanical plant employed at the Site
shall be fitted with exhaust silencers which shall be maintained in
accordance with the manufacturer’s specification.
ii. Details of inherently quiet plant and machinery which shall be used,
including selection of sound reduced compressors fitted with acoustic
enclosures, and fitting of mufflers or silencers in accordance with
manufacturer’s recommendations to all ancillary pneumatic percussive
tools employed at the Site.
iii. A requirement that machines in intermittent use shall be shut down
or throttled down in the intervening periods when not in use.
iv. Details demonstrating how all ancillary plant such as generators,
compressors and pumps shall be positioned so as to take into account
noise sensitive receptors.
The Scheme shall be implemented in accordance with the approved
details throughout the construction period and throughout the period of
operation of the RERF unless otherwise agreed in writing. All
vehicles and plant based at and operating within the Site which
requires reversing alarms shall be fitted with attenuated reversing
alarms. Details of the types of reversing alarm proposed to be fitted to
vehicles and plant under the terms of this condition shall have been
submitted and approved in writing by the local planning authority prior
to the Commissioning Date. The approved alarms shall be fitted to all
relevant plant and vehicles and shall thereafter be retained in
accordance with the submitted scheme throughout the period of
operation of the RERF.
Reason: To minimise the adverse impact of noise generated by the
operations on the nearest noise sensitive building.
Noise Monitoring Scheme
12. Prior to the Commissioning Date a scheme providing for the monitoring
of noise levels attributable to the RERF shall have been submitted to
and approved in writing by the Waste Planning Authority. The scheme
required by this condition shall make provision for the following:
i. An initial period of noise monitoring for an approved period following
the Commissioning Date including an octave band analysis
ii. Provision for the operator to undertake subsequent noise monitoring
at an approved location or locations in the event that a complaint
attributable to noise emission from the Site has been received by the
Waste Planning Authority and subsequently notified to the operator
following evaluation by the Waste Planning Authority.
iii. A scheme for the operation of external doors to minimise
periods when they would be open.
The scheme shall be implemented in accordance with the approved
details throughout the period of operation of the RERF.
Reason: To minimise the adverse impact of noise generated by the
operations on the nearest noise sensitive building.
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Noise
13. Noise emitted from plant located at the site shall not exceed the
existing background noise level at any time by more than 5dB(A) at
any noise sensitive property when measured and corrected in
accordance with BS 4142: 1997.
Reason: To minimise the adverse impact of noise generated by the
operations on the nearest noise sensitive building.
Dust Management Scheme
14. Prior to the Commissioning Date a dust monitoring and management
scheme for the operation of the RERF shall have been submitted to
and approved in writing by the Waste Planning Authority. The scheme
shall include provision for:
i. An initial survey at approved receptor locations surrounding the Site
for an approved period following the Commissioning Date.
ii. Provision for subsequent monitoring at an approved location or
locations in the event that a complaint which has been evaluated and
notified to the operator by the Waste Planning Authority attributable to
dust emission from the Site.
iii. Identification of dust generating activities.
iv. Submission of measures and identification of thresholds to minimise
emissions into the atmosphere from dust generating activities.
The scheme shall be implemented in accordance with the approved
details throughout the period of operation of the RERF.
Reason: To minimise the adverse impact of dust generated by the
operations on the local community
Complaints Procedure
15. Prior to the Commencement Date a scheme setting out procedures for
dealing with complaints in relation to noise, dust, litter, odour and other
amenity related matters shall have been submitted to and approved in
writing by the Waste Planning Authority. The scheme shall set out a
procedure for recording and responding to complaints received directly
from third parties to the operator and those notified by the Waste
Planning Authority. This shall include:
i. Point of contact details for logging a complaint
ii. Investigation of the complaint.
iii. Reporting the results of the investigation to the complainant/ Waste
Planning Authority.
iv. Implementation of any remedial actions approved by the Waste
Planning Authority within an approved timescale.
The scheme shall be implemented in accordance with the approved
details throughout the period of operation of the RERF.
Reason: To ensure adequate complaints procedures are in place and for
the protection of local amenity.
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Construction Environmental Management Plan
16. Before the Commencement Date a Construction Environmental
Management Plan providing details about environmental control
procedures during the construction phase shall have been submitted to
and approved in writing by the Waste Planning Authority. The scheme
shall incorporate the following details:
i. Identification of construction noise limits
ii. Construction noise monitoring scheme
iii. Proposed dust management measures.
iii. Proposals for hours of working, which limit the carrying out of
construction works to between 0730 and 1900 hours on Mondays to
Saturdays with no construction on Sundays and Bank Holidays
iv. Details of the construction workers’ compound including car parking.
v. Proposed wheel cleaning measures.
vi. Proposed measures for protecting water resources.
vii. Proposed measures for handling wastes during construction.
viii. Proposed measures for routing of construction traffic and
deliveries.
ix. Details of the phasing of the construction works.
The Construction Management Plan shall be implemented fully in
accordance with the approved details for the duration of the
construction works being carried out on the Site unless otherwise
agreed in writing.
Reason: In the interests of local amenity
Operational Management Plan
17. Before the Commissioning Date, an Operational Management Plan
shall be submitted to and approved in writing by the Local Planning
Authority. This Plan shall include the following details:
- sheeting of open vehicles to prevent windblown litter;
- pollution control measures to prevent run off from process areas
(including during a storm event);
- management of windblown debris within the site;
- management of tipping hall entrance to ensure that doors are only
open to allow vehicles to enter and exit;
- contingency plans for spillages of oils and hydrocarbons from
vehicles and stored materials.
- emissions monitoring and reporting methods;
- dust management including dust from the Bottom Ash.
- establishment of a Community Liaison Group to communicate
performance of the facility and address any concerns or issues
(including membership and frequency of meetings).
- management of the visitor facility (including parking arrangements).
The Management Plan approved shall be implemented for the duration
of the operational life of the RERF, unless otherwise agreed in writing
by the Waste Planning Authority.
Reason: To ensure the safe and efficient operation of the development,
in the interests of amenity and the wider environment.
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Materials
18. The buildings, structures and plant hereby permitted shall be
constructed in accordance with the details shown in the documents
and drawings cited in Condition 2 unless otherwise agreed in writing by
the Waste Planning Authority or otherwise required by the following
provisions in order to comply with the details approved pursuant to i to
ii below:
i. Prior to their installation, the details of all surface treatment works for
the proposed buildings and structures including brickwork, cladding
and colours (BS reference) shall have been submitted to and approved
in writing by the Waste Planning Authority.
ii. details of the types of fence or gate to be erected, their position and
a timetable for its implementation shall have been submitted to and
approved in writing by the Waste Planning Authority prior to the
Commissioning Date and shall be implemented in accordance with the
approved details and thereafter retained.
Reason: To ensure the development is carried out in accordance with
the details of the planning permission, to ensure a high quality design
and to minimise any visual impact.
Acoustic Fencing
19. Prior to the reoccupation of Southfield School, acoustic fencing and a
solid gate shall be installed on the school boundary in accordance with
details to be submitted to and approved by the Waste Planning
Authority.
Reason: To mitigate noise levels at Southfield School.
Lighting Scheme
20. Within 6 months of the Commencement Date a lighting scheme shall
have been submitted to and approved in writing by the Waste Planning
Authority. The submitted scheme shall include the following details:
i. Hours of use of external lighting and internal lighting that would be
visible externally.
ii. The exact location and specification of any external lighting.
iii. The specification including height for any fixed or mobile structures.
iv. The intensity of the lights.
v. The identification of areas to be illuminated and any measures to
prevent light spilling on to areas outside the Site.
vi. Measures such as shrouding to minimise disturbance through glare.
vii. Measures to minimise disturbance to bats from lighting.
viii. Details about any translucent parts of the building’s external fabric
or cladding, including the degree of transparency of materials, and any
measures to minimise light spillage.
No aviation warning or safety light shall be fitted to the flue stack
unless details of the proposed lighting have first been submitted to and
approved in writing by the local planning authority. The lighting
scheme, along with any aviation warning or safety lights, shall be
implemented in accordance with the approved details and thereafter
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retained throughout the period of operation of the RERF.
Reason: In the interest of local amenity and to limit light pollution
Heavy Goods Vehicle Parking
21. There shall be no queuing or parking of HGVs on the site access road
or on Travellers Lane.
Reason: In the interest of highway safety and in order to prevent noise
arising from queuing HGVs.
Foul and Surface Water Drainage Works
22. Within 6 months of the Commencement Date, a scheme for the
removal of surface water from inside the RERF shall be submitted and
approved in writing by the Waste Planning Authority. The approved
scheme shall be implemented in full.
Reason: No details of the in-building drainage system have been
provided as part of the application. Infrastructure must be in place to
extract and remove potentially contaminated runoff from operational
areas, waste storage areas and the waste bunker to prevent
hazardous and polluting substances from infiltrating to the
groundwater.
Surface Water Drainage
23. Before the Commencement Date, a surface water drainage scheme for
the site (based on sustainable drainage principles and including an
assessment of the hydrological and hydro-geological context of the
development) shall be submitted and approved in writing by the Waste
Planning Authority. Once approved, the scheme shall be implemented
in full unless otherwise agreed in writing by the Waste Planning
Authority.
Reason: To minimise flood risk and to improve and protect water
quality by ensuring that infiltration techniques are not proposed in
areas of contaminated land.
Flood Risk
24. The development shall only be carried out in accordance with the
Flood Risk Assessment, Revision 02, Final, November 2011 and the
following mitigation measures:

Limiting the surface water run-off generated by the 1 in 100 chance in
any year critical storm event to Greenfield rates

Provision of compensatory storage on site to attenuate all storm
events up to and including the 1 in 100 chance in any year event.

Optimised use of sustainable drainage systems including green roofs
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and rainwater harvesting.
Reason: To prevent flooding on site and off site by ensuring the
satisfactory storage and disposal of surface water from the site.
Groundwater Protection
25. Prior to the Commencement Date or such other date or stage in
development as may be agreed in writing with the Waste Planning
Authority, the following components of a scheme to deal with the risk
associated with contamination of the site shall each be submitted to
and approved in writing by the Waste Planning Authority:
(A)
A site investigation scheme, based on the Preliminary Risk
Assessment, to provide information for a detailed assessment of the
risk to all receptors that may be affected, including those off site.
(B)
The site investigation results and the detailed risk assessment and,
based on these, an options appraisal and remediation strategy giving
full details of the remediation measures required and how they are to
be undertaken.
(C)
A verification plan providing details of the data that will be collected in
order to demonstrate the works set out in (b) are complete and
identifying any requirements for longer-term monitoring of pollutant
linkages, maintenance and arrangements for contingency action.
Reason: To protect groundwater quality. The Preliminary Risk
Assessment submitted with the application indicates that there may be
some localised sources of contamination. These areas need to be
investigated further and remediated and verified appropriately. The
proposed development includes potentially polluting activity, therefore
a suitable groundwater monitoring programme is required to confirm
the seasonal variations for all three water horizons (glacial till, reading
beds and chalk) and inform the conceptual model.
26. Prior to the Commissioning Date, a verification report demonstrating
completion of the works set out in the approved remediation strategy
and the effectiveness of the remediation shall be submitted to and
approved, in writing, by the Waste Planning Authority. The report shall
include results of sampling and monitoring carried out in accordance
with the approved verification plan to demonstrate that the site
remediation criteria have been met. It shall also include any plan (a
long-term monitoring and maintenance plan) for longer-term monitoring
of pollutant linkages, maintenance and arrangements for contingency
action, as identified in the verification plan, and for the reporting of this
to the Waste Planning Authority.
Reason: The Preliminary Risk Assessment indicates potentially
polluting activity which could impact on groundwater quality unless
otherwise controlled.
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27. Reports on monitoring, maintenance and any contingency action
carried out in accordance with a long term monitoring and maintenance
plan shall be submitted to the Waste Planning Authority as set out in
that plan. On completion of the monitoring programme a final report
demonstrating that all long term site remediation criteria have been met
and documenting the decision to cease monitoring shall be submitted
to and approved in writing by the Waste Planning Authority.
Reason: Further groundwater monitoring is required to confirm the sitespecific conceptual site model. The information submitted only details
results from May and June 2009 and does not include seasonal
variations.
28. If, during development, contamination not previously identified is found
to be present at the site then no further development within 10m of the
contaminated area (unless otherwise agreed in writing with the Local
Planning Authority) shall be carried out until the developer has
submitted, and obtained written approval from the Waste Planning
Authority for, an amendment to the remediation strategy detailing how
this unsuspected contamination shall be dealt with.
Reason: To protect controlled waters from unsuspected contamination.
29. Piling or any other foundation designs using penetrative methods shall
not be permitted other than with the express written consent of the
Waste Planning Authority, which may be given for those parts of the
site where it has been demonstrated that there is no resultant
unacceptable risk to groundwater. The development shall be carried
out in accordance with the approved details.
Reason: Piling through potentially contaminated land or in areas where
potentially contaminating activity is undertaken may pose risk to the
groundwater.
Storage Of Oils, Fuels or Chemicals
30. Any facilities for the storage of oils, fuels or chemicals shall be sited on
impervious bases and surrounded by impervious bund walls. The
volume of the bunded compound shall be at least equivalent to the
capacity of the tank plus 10%. If there is multiple tankage, the
compound shall be at least equivalent to the capacity of the largest
tank, vessel or the combined capacity of interconnected tanks or
vessels plus 10%. All filling points, associated pipework, vents, gauges
and sight glasses must be located within the bund or have separate
secondary containment. The drainage system of the bund shall be
sealed with no discharge to any watercourse, land or underground
strata. Associated pipework shall be located above ground and
protected from accidental damage. All filling points and tank/vessels
overflow pipe outlets shall be detailed to discharge downwards into the
bund.
Reason: To prevent pollution to groundwater.
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Ecological Management
31. Unless otherwise agreed in writing by the Waste Planning Authority,
the development shall be carried out in accordance with the details of
the Great Crested Newt and Bat mitigation reports dated May 2012.
Reason: To ensure there would be no harm to any protected species
as a result of the proposed development.
Habitat Management Scheme
32. Within 12 months of the Commissioning Date a habitat management
scheme shall have been submitted to and approved in writing by the
Waste Planning Authority. The plan shall provide clarification of the
habitat management measures which it is proposed to implement
following construction in order to supplement the information provided
in support of the planning application. The scheme shall include details
of proposed measures for management of:
i. Proposed tree / woodland areas.
ii. Grassland.
iv. Ponds.
v. The GCN and bat habitat.
vi. Monitoring scheme of habitat areas and species.
Vii. Submission of monitoring information to the Waste Planning
Authority
Operations shall be carried out in accordance with the approved details
throughout the period of operation of the RERF unless otherwise
agreed in writing by the Waste Planning Authority.
Reason: To ensure the creation and proper management of ecological
habitats.
Landscaping Scheme
33. Before the Commencement Date a scheme for the permanent
landscaping / screening and planting of the Site shall have been
submitted to and approved in writing by the Waste Planning Authority.
The scheme shall include:
i. A detailed plan of all established trees and shrubs and existing
planting within the Site which are to be retained and measures for their
protection during construction.
ii. A detailed plan of the location of the proposed planting areas to
supplement the Landscape Masterplan accompanying the ES.
iii. Details and specification of planting including the species,
specification, origin, method and density of planting, protection,
addition of soil ameliorants, and a timetable for implementation.
iv. All existing hedgerows, shrubs and trees on the margins of the Site
which are shown to be retained in accordance with the scheme and all
new planting at the Site shall be retained and protected from damage
throughout the period of operation of the RERF in accordance with the
approved scheme. In particular, no use or operation hereby permitted
or required shall be carried out in such a manner as to cause damage
to or removal of such vegetation unless otherwise agreed in writing by
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the Waste Planning Authority. The approved Scheme shall be
implemented in the first planting season following the commencement
of development or in accordance with the approved timetable.
Reason: To ensure appropriate landscaping and management of any
planting.
34. All vegetation and tree clearance shall only take place outside of the
peak bird-breeding season (March to August inclusive) unless
otherwise agreed in writing and subject to the submission and approval
of a pre-clearance survey which shows that no breeding birds are
present, nesting or commencing nesting within the vegetation to be
affected.
Reason: The amended Wildlife and Countryside Act 1981 protects bird
species whilst nesting in the UK, this protection extends to a bird, its
nest, eggs and young until such time as the young have fledged.
Archaeological Works
35. No demolition/development shall take place until an Archaeological
Written Scheme of Investigation has been submitted to and approved
by the Waste Planning Authority in writing. The scheme shall include
an assessment of archaeological significance and research questions;
and:
i. The programme and methodology of site investigation and recording
as suggested by the archaeological evaluation
ii. The programme for post investigation assessment
iii. Provision to be made for analysis of the site investigation and
recording
iii. Provision to be made for publication and dissemination of the
analysis and records of the site investigation
iv. Provision to be made for archive deposition of the analysis and
records of the site investigation
v. Nomination of a competent person or persons/organisation to
undertake the works set out within the Archaeological Written Scheme
of Investigation.
Reason: To enable sites of archaeological interest to be adequately
investigated and recorded. Previous investigations have revealed the
presence of important archaeological remains within the application
site.
36. The demolition/development shall take place/commence in accordance
with the programme of archaeological works set out in the Written
Scheme of Investigation approved under Condition 35.
Reason: To enable sites of archaeological interest to be adequately
investigated and recorded. Previous investigations have revealed the
presence of important archaeological remains within the application
site.
37. Before the Commissioning date the site investigation and post
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investigation assessment shall have been completed in accordance
with the programme set out in the Written Scheme of Investigation
approved under Condition 35 and the provision made for analysis and
publication where appropriate.
Reason: To enable sites of archaeological interest to be adequately
investigated and recorded. Previous investigations have revealed the
presence of important archaeological remains within the application
site.
Monitoring
38. Within 18 months of the Commissioning Date, details of annual
throughputs including the amount of waste recycled shall be submitted
to the Waste Planning Authority on an annual basis in accordance with
a monitoring schedule to be submitted and approved by the Waste
Planning Authority.
Reason: To provide data for Hertfordshire County Council’s Authority’s
Monitoring Report and to comply with Targets 3, 5, 6 and 7 of the
Hertfordshire Waste Core Strategy and Development Management
Policies Document
Decommissioning
39. Not less than 6 months prior to any planned date for the permanent
decommissioning of the development hereby permitted, the operator
shall submit in writing to the Waste Planning Authority a scheme for the
proposed decommissioning of any elements of the development which
are not required in connection with the subsequent after use of the Site
and a timetable for these works. Such plans shall make provision for
leaving the Site in a condition suitable for future development or full
site restoration. No works of decommissioning shall take place until the
scheme has been approved in writing by the Waste Planning Authority.
The decommissioning shall be carried out in accordance with the
approved scheme.
Reason: To ensure adequate site restoration and reuse.
Grid Connection
40. No combustion of waste shall take place at the RERF apart from during
commissioning until a grid connection to a substation has been
installed and is capable of transmitting electricity generated by the
RERF. No waste may then be combusted at the RERF unless
electricity is also being generated by the RERF and is being
transmitted to the national grid, except during periods of maintenance,
inspection or repair, or at the direction of the holder of a licence under
section 6(1) (b) or (c) of the Electricity Act 1989, who is entitled to give
such direction in relation to transmission of electricity from the RERF to
the national grid.
Reason: To ensure the provision of low carbon energy.
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Combined Heat and Power Scheme
41. Before the Commencement Date, a scheme shall be submitted and
approved in writing by the Waste Planning Authority demonstrating
how the development will be CHP ready.
Reason: To ensure that the development is CHP ready.
Vehicle Routeing
42. Provision of a HGV routeing agreement for construction vehicles and
commercial and industrial HGVs.
Provision of a Travel Plan
43.To encourage use of public transport by staff and visitors to the site
and to include provision of buses to bring construction workers to the
site during the construction works
Publication of emissions monitoring data
44.To publish emissions monitoring data online on a monthly basis as well
as contact details and a complaints procedure in accordance with a
protocol.
RERF Visitor Centre
45.To provide a protocol for the wider use of the visitor centre for local
educational and community uses.
Legal Agreement Draft Heads of Terms
Hatfield House/Park Landscape Mitigation:
To provide an agreed sum of money to Hertfordshire County Council for
tree planting/landscaping for screening purposes within Hatfield House to
be passed onto the Gascoyne Cecil Estate for that purpose.
That the applicant engage with the local community to consider an agreed
sum of money to improve sustainable transport and to mitigate the impacts
of the development on the local community around the site and Welham
Green.
KATHRYN PETTITT
CHIEF LEGAL OFFICER
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