Agenda item

Recommended for Refusal

Mr McCabe addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/13/1820/FP, planning permission be refused for the reasons detailed in the report now submitted.

Councillor P Phillips, as a local ward Member, stated that the benefits of the application to the Bengeo Ward, Hertford and to East Herts outweighed the risks of harm to the Green Belt.  He confirmed that the 8 sustainable dwellings would produce no CO² when in occupation and would utilise rainwater harvesting.  Councillor Phillips concluded that there was significant local support for this application and he urged the Committee to approve the application.

The Director reminded Members of the presumption against development in the Green Belt.  Members were advised however that, due to the provisions of the NPPF, development could be permitted on previously developed land so long as this would not cause additional harm than any existing development.

The Director concluded that Officers were of the view that the proposed development would cause further harm than the existing use of the site.  The Committee should therefore approach the matter on the basis that the proposed use constituted inappropriate development and was contrary to the purposes of green belt, specifically, protecting the countryside from encroaching development.  Members should then assign weight to the likely benefits that could result from this application and determine if they clearly outweighed the harm. 

In response to comments from Councillors P Moore and G Williamson, the Director advised that the Council had no control over land ownership and could only control land use.  Members were advised that Officers considered the design, layout, building materials and aspirations of the applicant should not outweigh the issue of Green Belt policy, because there was not a locationally specific requirement for the development to be located here.

Councillor K Crofton stated that this was a very exciting development that represented a very good use of the site and the likely benefits far outweighed the issue of Green Belt policy.  Councillor N Symonds requested that the applicant take particular care to protect wildlife, with particular regard to the impacts of the application on basking adders.  She stated that this application was a step too far and she would be supporting the Officer’s recommendation for refusal.

Councillor M Alexander stated that this application should be approved for 8x code 6 accredited zero carbon dwellings, subject to very strict legal conditions to ensure that the sustainable credentials were not lost in favour of more luxury dwellings.

Councillor G Jones proposed and Councillor M Alexander seconded, a motion that application 3/13/1820/FP be granted on the basis that there were special and unique circumstances for approving the application, namely the aspirational and demonstrative nature of the proposed development, that outweighed the policy presumption against development in the Green Belt.

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

RESOLVED – that, subject to the applicant or successor in title entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of matters delegated to Officers to determine, planning permission be granted for application 3/13/1820/FP, subject to conditions, the details of which were delegated to Officers to formulate.