The Dispute goes on …. and on
Chase New Homes have lodged an objection to the Planning Inspectorate regarding Condition 15 of EHDC Planning decision for the development of Bircherley Green.
Email from East Herts:
Planning Appeal: Bircherley Green Shopping Centre Hertford Hertfordshire SG14 1BN
LPA Appeal Ref: 21/00032/COND
The applicant has appealed to the Secretary of State against the condition(s) attached to the granting of planning permission for:-
Appeal against condition number 15 (Delivery and Servicing Management Plan) of 3/19/2614/FUL: Mixed use re-development comprising partial demolition of existing buildings and replacement with 3419 square metres of commercial floorspace (Use Classes A1-A4, D1), an 86-bed hotel (Use Class C1), 98 residential apartments (use class C3), alterations to an existing car park, new bus station facilities and associated works and improvements.
This appeal is being dealt with by an exchange of written representations between the applicant and the Council and will be decided by an Inspector appointed by the Secretary of State.
If you made any comments on the original application (unless they were marked confidential), the Council will send them to the Planning Inspectorate and they will be taken into account by the Inspector who decides the appeal unless they are subsequently withdrawn.
If you wish amend your comments or make any new ones, please contact the Planning Inspectorate quoting reference APP/J1915/W/21/3272107 by 5th October 2021. You can make a comment to The Planning Inspectorate at https://acp.planninginspectorate.gov.uk or in writing to, The Planning Inspectorate, Temple Quay House, 2 The Square, Bristol, BS1 6PN.
The Planning Inspectorate will not acknowledge your correspondence unless you specifically ask them to do so. They will however ensure that your comments are passed on to the Inspector dealing with the appeal, the Council and the applicant Please ensure that any comments which you wish to make on this appeal are received by the Planning Inspectorate by the deadline above otherwise your representations will not be seen by the Inspector and they will be returned to you.
If you would like to see details of the Council’s decision and the applicant’s reasons for appealing, they are available for inspection on the Online Planning Register on the Council’s website, https://publicaccess.eastherts.gov.uk.
The Planning Inspectorate has published a Guide to taking part in Planning Appeals which is available online https://www.gov.uk/government/collections/taking-part-in-a-planning-listed-building-or-enforcement-appeal .
Condition number 15:
15. Prior to the first occupation of any part of the development hereby permitted, a Delivery and Servicing Management Plan, as required in relation to the hotel, commercial units and residential Application Number: 3/19/2614/FUL units, shall be submitted to and approved in writing by the Local Planning Authority. The Delivery and Servicing Plan shall include restrictions on commercial delivery times to between 07.00hrs and 10.00hrs on all days to the riverside and pedestrianised retail area, vehicle tracking and contain the delivery and servicing requirements (including refuse collection) for the proposed uses, a scheme for coordinating deliveries and servicing for the proposed development, areas within the development site that will be used for the loading and manoeuvring of delivery and service vehicles and access to/from the site for delivery and servicing vehicles such plans. Once agreed the development shall be constructed to enable the agreed arrangements to be implemented and shall subsequently be operated as agreed. Reason: In the interests of amenity of the public shopping area and to reduce conflict with users and to ensure an adequate level of amenity for nearby residents, in accordance with policy EQ2 of the East Herts District Plan 2018.
All of this has been discussed and written about by Councils, residents and Uncle Tom Cobbley as well so there is no more to say other than to await the decision of the Inspectorate.