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RESOLVED: That application
25/01196/FP be GRANTED planning permission subject to
the following matters:
 

a)   
The completion of a suitable legal agreement in line with the
agreed Heads of Terms.

b)   
A response of no objection and any relevant conditions from the
Local Lead Flood Authority, to be delegated to the Development and
Conservation Manager prior to any decision.

c)    
A response of no objection and any relevant conditions from the
Hertfordshire Highway Authority, to be delegated to the Development
and Conservation Manager prior to any decision.

d)   
An agreement to an extension of time to the statutory determination
date to allow for a), b) and c) to occur.

e)   
The conditions and informatives set out in the report of the
Development and Conservation Manager with the following amendment
to Condition 13,the addition of the following Condition 1 and the
subsequent renumbering of other Conditions:
 
‘Condition 13
 
The development hereby permitted shall not commence
save for demolition to slab level and site
clearance works, until a monitoring and maintenance plan in
respect of contamination, including a timetable of monitoring and
submission of reports to the local planning authority, has been
submitted to, and approved in writing by, the local planning
authority. Reports as specified in the approved plan, including
details of any necessary contingency action arising from the
monitoring, shall be submitted to, and approved in writing by, the
local planning authority.
 
Reason: To protect and prevent the pollution of controlled
waters from potential pollutants associated with current and
previous land uses in line with National Planning Policy Framework
paragraphs 187,196 and 197 and relevant position statements within
the Environment Agency's Approach to Groundwater
Protection.
 
Condition 1
 
The effect of paragraph
13 of Schedule 7A to the Town and Country Planning Act 1990 is that
planning permission granted for the development of land in England
is deemed to have been granted subject to the condition "(the
biodiversity gain condition") that development may not begin
unless:
 
(a) a Biodiversity Gain
Plan has been submitted to the planning authority, and
 
(b) the planning
authority has approved the plan.
 
The planning authority,
for the purposes of determining whether to approve a Biodiversity
Gain Plan if one is required in respect of this permission would be
North Hertfordshire District Council.
 
There are statutory
exemptions and transitional arrangements which mean that
the biodiversity gain
condition does not always apply.
 

https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments).
 
Based on the information
available this permission is considered to be one which will
require the approval of a biodiversity gain plan before development
is begun because none of the statutory exemptions or transitional
arrangements are considered to apply.’