Agenda item

Recommended for Refusal

Mrs Thorpe addressed the Committee in objection to the application.  Mr Ruffle spoke for the application.  Councillor M McMullen addressed the Committee as the local ward Member.

The Head of Planning and Building Control recommended that in respect of application 3/16/2167/FUL, planning permission be refused for the reasons detailed in the report now submitted.

The Head highlighted the current approach regarding Green Belt policy and the reduced weight being assigned to the East Herts Local Plan April 2007 and the increasing weight being applied to the NPPF.  Members were advised that the NPPF did not deal with unexpended permitted development.  The Head referred Members to page 119 of the report submitted in respect of the scale of the existing and proposed development on this site.

The Head set out the policy position with reference to policy GBC1 and advised that substantial weight should be assigned to the harm likely to be caused by inappropriate development unless the harm was clearly outweighed by the benefits.

The Head responded to queries from Members regarding conditions and the removal of permitted development rights.  He referred to the mix of development sizes in the locality and referred to the clear national NPPF policy relevant to this case.

Councillor K Warnell referred to the policy position and could see no reason for refusing permission.  Councillor J Jones felt that the replacement dwelling was not inappropriate and the smaller footprint and greater volume of the replacement dwelling would improve the street scene.  The Head referred to the judgement Members had to make regarding harm to the openness of the Green Belt and the policy position regarding design and appearance and the impact on the street scene.

Councillor J Jones proposed and Councillor D Andrews seconded, a motion that application 3/16/2167/FUL be approved on the grounds that the proposed development would improve the street scene, subject to a condition regarding the withdrawal of permitted development rights with all other relevant conditions delegated to Officers.

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

RESOLVED – that in respect of application 3/16/2167/FUL, planning permission be granted subject to the following conditions:

1.        Three year Time Limit (1T12)

2.                  Levels (2E05) – after ‘proposed buildings’ insert ‘and showing the relationship of any proposed earthworks to existing trees,’

3.        Approved Plans (2E10)

4.        Materials of construction (2E11)

5.        Withdrawal of PD (Part 1 Class A) (2E20) – Amend reason to :- “In permitting this development, the local planning authority considered that other material planning considerations, including the existence of unexpected permitted development rights for the existing dwelling, clearly outweighed the harm to the Green Belt.  The application of further permitted development rights in respect of the larger replacement dwelling is likely to result in development harmful to the openness, character and appearance of the Green Belt, contrary to Policy GBC1 of the East Herts Local Plan second review April 2007 and the National Planning Policy Framework”

6.        Withdrawal of PD (Part 1 Class B) (2E19) – Amend reason as 5 above

7.        Contaminated land survey and remediation (2E33)

8.        Tree/Hedge retention and protection (4P05)

9.        Tree/natural feature protection (4P07)

10.    Tree protection: excavations (4P09)

11.    Tree protection: Earthworks (4P10)

12.    Prior to commencement of the development hereby permitted, detail of the energy efficiency measures proposed to be incorporated within the design of the replacement dwelling shall be submitted to and approved in writing by the local planning authority.  Thereafter the development shall be carried out in accordance with the agreed details.

Reason: The provision of energy efficiency benefits within the new development was given weight in the balance of considerations that were found to clearly outweigh the harm to the Green Belt, in accordance with policy GBC1 of the East Herts Local Plan second review 2007 and the National Planning Policy Framework.  The condition is required to ensure that those benefits are realised.

Summary of Reasons for Decision

East Herts Council has considered the applicant's proposal in a positive and proactive manner with regard to the policies of the Development Plan; the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).  The balance of the considerations having regard to those policies is that permission should be granted.