Agenda item

Recommended for Approval.

Mr Wood addressed the Committee in objection to the application on behalf of Mrs Adams.

The Head of Planning and Building Control recommended that in respect of application 3/16/0331/HH, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor K Warnell referred to paragraph 11.1 of the report and expressed concerns that Officers had recommended approval for an application which represented an inappropriate form of development in Green Belt.  The Head of Planning and Building Control confirmed that the site was located within the Metropolitan Green Belt and the policy required that extensions should not be disproportionate.

The Head confirmed that due to previous extensions the proposed development could not be considered to be appropriate development in the Green Belt.  Members were advised however, that the proposed development exceeded the height of what would be allowed under permitted development by only 10cm. 

The Head concluded that very special circumstances existed for the approval of planning permission in the Green Belt as a slightly smaller building could be built within the rear garden in the same location without the need to apply for planning permission.

In response to a number of other queries from the Committee, the Head advised that the General Permitted Development Order (GPDO) gave the Authority less control whereas approving this application allowed Officers and Members a say in respect of materials of construction and planning conditions.

The Head advised that Officers would find it difficult to articulate the harm caused by an additional 10 cm of development in this location and Members would have to be very clear what they felt was the harm that this could cause. 

Members advised that they should not consider any enforcement issues whether determining this application.  The enforcement team could however, go to the site and consider whether any other breaches of planning control had occurred.

The Head confirmed to Councillor M Allen that the law did not prevent an applicant applying for planning permission on land they did not own providing that they notified the land owner.  In this case however, the applicant owned the land and Officers were satisfied that the application was acceptable.

The Head assured Councillor Allen that a condition could be applied to ensure that details of a method of rainwater capture was submitted.

Councillor M Allen proposed and Councillor R Standley seconded, a motion that a condition be applied that, prior to the commencement of any works to the roof level of the building, details of the guttering to be used shall be submitted to and approved in writing by the local planning authority.

After being put to the meeting and a vote taken, this motion was declared CARRIED.  The Committee accepted the recommendation of the Head of Planning and Building Control as now submitted.

RESOLVED – that in respect of application 3/16/0331/HH, planning permission be granted subject to the conditions detailed in the report now submitted and the following additional condition:

4.        Prior to the commencement of any works to the roof level of the building herby permitted, details of the guttering to be used shall be submitted to and approved in writing by the local planning authority.

Reason: To ensure that satisfactory rainwater drainage can be achieved within the application site in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.