Agenda and minutes

To receive apologies for absence.

Apologies for absence were submitted on behalf of Councillors E Bedford and A Burlton.  It was noted that Councillor G Lawrence was substituting for Councillor E Bedford.

At the invitation of the Chairman, the Head of Planning and Building Control advised Members that a special meeting of the Committee to deal with the deferred outline planning application relating to Bishop’s Stortford North had been scheduled for 7.00 pm on Thursday 30 January 2014.  This would be held in the Mitre Suite, Bishop’s Stortford Football Club, Woodside, Dunmow Road, Bishop’s Stortford.

The Chairman advised that she had agreed to accept an urgent item of business onto the agenda in the interests of the efficient operation of the service and to avoid delay.  This related to Public Speaking Arrangements for the Development Management Committee Meeting dealing with Application 3/13/0075/OP – Land at Bishop’s Stortford North.

Councillors M Alexander and P Moore declared disclosable pecuniary interests in applications 3/13/1721/FP and 3/13/1631/FP, in that they were Board Members for Riversmead Housing Association.  They left the room whilst these matters were considered.

Councillor M Alexander declared a disclosable pecuniary interest in application 3/13/1866/FP, as he received a pension from GlaxoSmithKline.  He left the room whilst this matter was considered.

To confirm the Minutes of the meeting of the Committee held on Thursday 5 December 2013 (Previously circulated as part of the Council Minute book for 11 December 2013).

RESOLVED – that the Minutes of the meeting held on 5 December 2013 be confirmed as a correct record and signed by the Chairman.

Recommended for Approval.

Mrs Malyon and Mrs Ball addressed the Committee in objection to the application.  Mr Brush spoke for the application.

The Director of Neighbourhood Services recommended that, subject to the applicant or successor in title entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of application 3/13/1721/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor P Ballam, as the local ward Member, expressed concerns that the existing maisonettes that were due to be demolished were attractive brick built properties that were in keeping with the street scene.  She believed the application was of a modern design with flat roofs that were completely out of keeping with the street scene.  Councillor Ballam also expressed concerns relating to pedestrian safety, construction traffic, car parking, access for emergency vehicles and the visual impact of the application and its overall impact on residents’ amenity.  She urged the Committee to reject what she considered to be a totally unsuitable development.

Councillor G Williamson echoed these concerns and stated that he could not support this application.

Councillor D Andrews expressed his surprise to learn that the applicant proposed the destruction of 12 well maintained family homes.  He questioned the density of the proposed development and the impact on the existing street scene.  He also expressed concerns in respect of overlooking for existing residents.

Councillor S Bull stated he would be voting against this application.  He highlighted the many planning issues referred to in a list of bullet points covering objections to the application in the Officer’s report.  He also expressed concerns relating to the loss of community spirit should the application be approved.

The Director referred Members to a significant amount of additional information that Officers had summarised in the additional representations schedule.  Members were reminded that disruption during construction was a temporary event and the Committee should not attach significant weight to this issue as it was the finished article that should be considered.

The Director referred to the appearance, scale and density of the proposed development.  He stressed that Members must articulate what in particular was unacceptable in respect of this application.  Members were reminded that change itself was not a sufficient basis for refusing an application.

Members were advised that the increased space that would be created by the wider access road to the south of the site had to be balanced against the increased scale of the proposed development.  Officers were satisfied that the application was acceptable in planning terms and there was a similar 3 storey block of development to the north of the site.

The Director stated that there would be a less conventional flat roof at a higher level of 3 storeys than the existing 2 storey dwellings.  Members were advised that the proposed parking provision was higher than the level required by the Authority for a development of this scale. 

The Director concluded that the Authority was in the  ...  view the full minutes text for item 449.

Recommended for Approval.

Mr Spiers addressed the Committee in objection to the application.  Mr Moult spoke for the application.

The Director of Neighbourhood Services recommended that, subject to the applicant or successor in title entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of application 3/13/1399/OP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor J Jones, as a local ward Member, expressed concerns that this application was before the Committee before the Inspector’s decision was known, in respect of land north and south of Hare Street Road, Buntingford.  He stated that this site had not been included in the draft District Plan and that the preferred sites for housing were to the north and south of Buntingford.  He commented that the application was predominantly located in flood zone 2 and the Environment Agency had requested details regarding surface water drainage and groundwater, as well as details of a buffer zone to the river.

Councillor J Jones cast doubt on the Highways Agency statement that the traffic impact was acceptable due to the low traffic flows on Aspenden Road, which served approximately 320 dwellings and an industrial estate.  He also stated that the proposed play area would be located away from natural surveillance which could result in anti-social behaviour.  He requested that Members either reject the application or defer a decision until the results of the aforementioned public inquiries and outstanding technical studies were known.

Councillor J Ranger, also as a local ward Member, stated that the application should be deferred until the results of the public inquiries were known in respect of land to the north and south of Hare Street Road, Buntingford.  He stated that further work was needed in respect of section 106 obligations as well as on the highways issues as traffic generation was a significant concern.  He hoped that such work would mean the application could be approved at a future meeting of the Committee.

Councillor P Moore stated that the road had been flooded when she had visited the site, which was located in flood zone 2.  She expressed concerns in respect of detectable sewage odours within the site and referred to the need for a 100 metre minimum buffer zone to the water treatment works.  She also expressed concerns regarding the location of the children’s play area.  The Chairman advised that the applicant had agreed to relocate the children’s play area.

The Director confirmed that the Authority could request further information regarding technical studies and this could all be covered by planning conditions.  He gave Members advice regarding planning policy and the NPPF requirement that East Herts Council demonstrate a 5 year supply of housing land.  Members were advised that neither the Environment Agency nor Hertfordshire Highways had objected to the application. 

The Chairman stated that she was pleased that the entrance to the site would be widened.  She expressed concerns, however, that Aspenden Road was  ...  view the full minutes text for item 450.

a)      Recommended for Approval.

c)      Recommended for Approval.

The Director of Neighbourhood Services recommended that, subject to the applicant or successor in title entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of application 3/13/1682/FP, planning permission be granted subject to the conditions detailed in the report now submitted.  The Director recommended that, if the legal agreement was not completed by midday on 4 February 2014, the Director of Neighbourhood Services be authorised to refuse planning permission.

The Director of Neighbourhood Services also recommended that, in respect of application 3/13/1683/LB, listed building consent be granted subject to the conditions detailed in the report now submitted.

Councillor M Newman commented that this site seemed to be part of a thriving area of industry.  The Director referred Members to paragraph 7.3 of the report in respect of previous applications and the assessment of the loss of the previous employment use.

The Director advised that restricting the proposed change of use on the basis of a loss of employment was not appropriate given the restricted access to the site, particularly as the Northern Malting had recently been converted to a residential use.

After being put to the meeting and votes taken, the Committee supported the recommendations of the Director of Neighbourhood Services as now submitted.

RESOLVED – that (A), subject to the applicant or successor in title entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of application 3/13/1682/FP, planning permission be granted subject to the conditions detailed in the report now submitted;

(B)   if the legal agreement referred to in recommendation (A) was not completed by midday on 4 February 2014, the Director of Neighbourhood Services be authorised to refuse planning permission for the reason detailed in the report now submitted; and

(C)   in respect of application 3/13/1683/LB, listed building consent be granted subject to the conditions detailed in the report now submitted.

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/13/1866/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/13/1866/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Recommended for Approval.

Mr George addressed the Committee in objection to the application.  Mr Brush spoke for the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/13/1631/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor K Crofton commented that the underutilisation of the garages was likely to be due to the lack of maintenance and upkeep preventing residents from using the garages properly.  He commented that many households now had two cars in order to be able to get around the District.  He also believed that these garages were a valuable asset for residents.

Councillor Crofton emphasised that an alternative for the applicant was to demolish the garages and give the space over to the residents and the community for car parking.  He stated that he would oppose what he viewed as a regressive application.

Councillor S Bull expressed concerns that emergency vehicles would not be able to turn effectively in the confines of the site.  The Director confirmed that the applicant had modified the application to ensure that large vehicles would be able to enter the site, turn and then exit the site in forward gear.

Members were advised that modelling had demonstrated that, when using the example of a refuse lorry, it would be possible for large vehicles to negotiate the site successfully.  The Director stated that the Highway Authority was satisfied that large vehicles and, in particular, emergency vehicles could be accommodated safely and Officers had no reason to doubt this expert advice.

Councillor M Newman commented that the site was currently in a fairly shabby condition and the garages in particular were in a very poor state of repair.  He stated that this application would improve what was a very downbeat area of land.

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/13/1631/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Mr Heney addressed the Committee in objection to the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/13/1769/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor G Jones requested that, in accordance with the agreement reached between the applicant’s agent and local residents, a condition be attached to ensure that construction vehicles accessed the site via the existing Cricketfield Lane access as opposed to using Dane O’Coys Road.

The Director advised that a standard condition could be applied to cover the construction management which would require that all such details be agreed with Officers prior to works commencing on the site.

Members were advised, however, that where roads were open and available for use, the options for restricting access to a site could be somewhat limited in terms of such a planning condition.

In response to a query from Councillor M Newman, the Director advised that Officers would not normally seek to impose a condition controlling the access to a site.  Officers would, however, attach a condition if requested to do so by Members as this was not an unreasonable approach. 

Members were reminded that ultimately the Authority was not in a position to restrict the right of use of any particular access route to a site and residents retained the right to use Dane O’Coys Road at any time to access this site.

Councillor G Jones proposed and Councillor N Symonds seconded, a motion that application 3/13/1769/FP be granted, subject to a condition that, prior to the commencement of any works, details must be submitted to and approved in writing by the Local Planning Authority to ensure that all construction traffic accessed the site via Cricketfield Lane and not via Dane O’Coys Road.

After being put to the meeting and a vote taken, this motion was declared CARRIED.  The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted, subject to the additional condition now detailed.

RESOLVED – that in respect of application 3/13/1769/FP, planning permission be granted subject to the conditions detailed in the report now submitted and to the following additional condition:

9.             Prior to the commencement of any works a “Construction Traffic Management Plan” shall be submitted to and approved in writing by the Local Planning Authority and shall thereafter be implemented in accordance with the approved details.  The “Construction Traffic Management Plan” shall identify details of a) methods of accessing the site, including construction vehicle routing and b) construction vehicle parking and materials storage areas.

Reason: To ensure the satisfactory management of construction traffic in the interests of amenity and highway safety.

Recommended for Approval.

Mr Leuzzi addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/13/1895/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/13/1895/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Recommended for Approval.

Mrs Starr addressed the Committee in objection to the application.  Mr Bridge spoke for the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/13/1912/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor G Jones commented that the proposed extension, whilst not massive, would result in a much bigger property.  He commented that there would not be a major issue in terms of the street scene as there were properties opposite the site of a similar size to Appleby once the extensions and alterations had been implemented.  However, he believed that there would be an impact on the neighbouring dwelling, known as Meadowsweet.

Councillor G Jones stated that whilst Appleby was located in a large site, both dwellings were located in close proximity to each other.  He concluded that he would support a refusal of the application as there would be sufficient impact on neighbouring dwellings to justify a refusal under policy GBC3.

Councillor M Newman commented that Officers had considered that the amount of development proposed could not be considered as ‘limited’ and was therefore contrary to policy GBC3 of the East Herts Local Plan Second Review April 2007.  He concluded that Appleby and Meadowsweet were currently almost a matched pair of properties of similar construction in terms of building materials and era and that the proposed extensions and alterations to Appleby would destroy that symmetry.

The Director advised that Officers were comfortable in terms of the impact of the proposed development as regards overlooking, loss of light and loss of privacy, as the relationship between the neighbouring dwellings was not dissimilar to numerous locations across East Herts.  The Director concluded that the proposed development sat comfortably within the surrounding area and the application was acceptable in terms of the impact on the street scene and the character of the overall location.

After being put to the meeting and a vote taken, there being an equality of votes, the Chairman exercised her casting vote in support of the Officer’s recommendation for approval.  The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/13/1912/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Enforcement.

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/13/0314/B, enforcement action be authorised on the basis now detailed.

Councillor M Alexander sought clarification as to who any enforcement notice would be served on, i.e. the landowner or the owner of the car sales operation.  He also sought clarification on the options that were open to the Committee to ensure that the original planning application in relation to the use of the property on the site known as Longcroft was adhered to.

The Director advised that the landowner had written to Officers and the detail of that correspondence was summarised in the additional representations schedule.  Members were advised that any enforcement notice would be served on any party that had an interest in the site.  It was ultimately the responsibility of the landowner to ensure compliance with any enforcement notice.

The Director advised that the location of the office referred to in this report was not captured by the Enforcement Notice that would be issued if Members supported the Officer’s recommendation.  Members were reminded that, when the application for the lifting of the condition restricting the use of the garage at Longcroft was reported to Members, Officers had recommended that it could be supported.

The Director stated that, in respect of the use that was currently taking place within the garage building at Longcroft, Officers were of the view that it was not a harmful one and it would not be expedient to take formal enforcement action in that respect.  A further report could, however, be submitted on this matter if Members felt this was necessary.

Councillor M Alexander proposed and Councillor S Bull seconded, a motion that a further report be brought to Committee in respect of formal enforcement action regarding the office use of the garage at Longcroft as this use was not captured by the Enforcement Notice that would be issued if Members supported the Director’s recommendation in respect of E/12/0314/B.

After being put to the meeting and a vote taken, this motion was declared CARRIED.  The Committee accepted the Director’s recommendation for enforcement action to be authorised in respect of the site relating to E/13/0314/B on the basis now detailed.

RESOLVED – that (A) in respect of E/13/0314/B, the Director of Neighbourhood Services, in conjunction with the Director of Finance and Support Services, be authorised to take enforcement action on the basis now detailed; and

(B)   a further report be brought to Committee in respect of formal enforcement action regarding the office use of the garage building at Longcroft as this use was not captured by the Enforcement Notice in (A) above.

Enforcement.

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/13/0261/A, enforcement action be authorised on the basis now detailed.

After being put to the meeting and a vote taken, the Committee accepted the Director’s recommendation for enforcement action to be authorised in respect of the site relating to E/13/0261/A on the basis now detailed.

RESOLVED – that in respect of E/13/0261/A, the Director of Neighbourhood Services, in conjunction with the Director of Finance and Support Services, be authorised to take enforcement action on the basis now detailed.

(A)  Appeals against refusal of Planning Permission/ non?determination.

(B)  Planning Appeals Lodged.

(C)     Planning Appeals: Inquiry and Informal Hearing Dates.

(D)     Planning Statistics.

RESOLVED – that the following reports be noted:

(A)   Appeals against refusal of planning permission / non determination;

(B)       Planning Appeals lodged;

(C)       Planning Appeals: Inquiry and Informal Hearing dates; and

(D)       Planning Statistics.

The Director of Neighbourhood Services submitted a report that invited Members to consider public speaking arrangements for the additional meeting of the Committee on 30 January 2014,dealing with application 3/13/0075/OP relating to land at Bishop’s Stortford North, following the deferral from the Development Management Committee meeting held on 5 December 2013.

Members were advised that Officers were suggesting, for the reconsideration of the proposals, a total period of 15 minutes would be permitted for those who wished to speak in objection to the proposals, on the basis of the deferral reason.  The same total period would then be offered to any supporting parties.

Officers would establish appropriate deadlines for registration of requests to speak and all other normal arrangements for public speaking would apply.  Where any matter was raised with regard to the arrangements which were not addressed in the report, it would be subject to decisions by the Director of Neighbourhood Services, in consultation with the Chairman of the Committee.  Members were asked to consider and endorse these proposals.

Members had a general debate on the options for public speaking arrangements.

Councillor G Jones proposed and Councillor G Williamson seconded, a motion that a maximum of 30 minutes each should be made available for objectors and the applicant, on the basis that the discussions would be restricted to the access arrangements relating to the proposed western neighbourhood (Phase 1).

After being put to the meeting and a vote taken, this motion was declared CARRIED.

The Committee approved the public speaking arrangements as now detailed.

RESOLVED – that (A) at the Development Management Committee scheduled for 30 January 2014 relating to the deferred planning application 3/13/0075/OP, 30 minutes each be made available for objectors and the applicant, on the basis that the discussions would be restricted to the access arrangements relating to the proposed western neighbourhood (Phase 1); and

(B)   the Director of Neighbourhood Services, in consultation with the Chairman of the Development Management Committee, be authorised to determine any other necessary arrangements.