Agenda and minutes

To receive apologies for absence.

Apologies for absence were submitted on behalf of Councillors J Demonti and J Taylor.  It was noted that Councillor D Andrews was in attendance as substitute for Councillor Demonti.

The Chairman welcomed the press and public to the meeting and those who were watching the live webcast.

The Chairman reminded the Committee of the Members Code of Conduct Training due to be held at 5.15 pm in the Council Chamber prior to the 9 November 2011 meeting of the Committee.

The Vice-Chairman reminded Members of the special meeting of the Committee due to be held on Wednesday 26 October 2011 to determine the application in respect of the Benington Wind Turbine.

Members were advised that this meeting would be held in the Council Chamber, Wallfields, Hertford at 7.00 pm.  The Committee agreed special arrangements for public speaking in that there would be 10 minutes available for the applicant and 10 minutes for the objectors.  Councillor W Ashley left the room whilst this matter was determined.

Councillor S Bull declared a personal interest in the matters referred to under minute 383, in particularly the appeal decision in respect of application 3/10/2103/FP in that the appellant was Buntingford Town Council.

To confirm the Minutes of the meeting of the Committee held on Wednesday 14 September 2011 (Previously circulated as part of the Council Minute book for 28 September 2011).

RESOLVED - that the Minutes of the Development Control Committee meeting held on 14 September 2011 be confirmed as a correct record and signed by the Chairman.

Recommended for Approval

The Director of Neighbourhood Services recommended that, subject to the applicant or successor in title signing a legal agreement pursuant to S106 of the Town and Country Planning Act 1990, in respect of application 3/11/0924/FP, planning permission be granted subject to the conditions now detailed.

Councillor G Jones expressed concerns that only 5 affordable housing units were proposed as part of this application.  He also expressed concerns that the section 106 planning obligations were below the usual tariff for a scheme of this size.

Councillor Jones stated that he was unsure whether a scheme of this scale should proceed without the usual level of contributions.  He stressed that although he could support the reduced affordable housing, he would prefer to see the full tariff for section 106 planning obligations.

Councillor A Burlton commented that he did not see why the Committee should accept a reduced level of Section 106 funding and affordable housing given that it was the Applicant’s choice whether or not to develop this site.

The Director advised that Officers would always commence Section 106 negotiations on the basis of the full level of appropriate legal obligations.  Members were advised that where the full level was not possible, Officers sought the opinion of an independent assessor to assess the applicants own viability report to determine what level of obligation was appropriate.

The Director stressed that this report indicated that a contribution in excess of £80,500 would not be financially viable.  Members were reminded that the Authority was obliged to provide a certain level of housing across the District.  The Director referred to the need to bring sites forward for development whilst making the most efficient use of available land.

Councillor G Jones proposed and Councillor A Burlton seconded, a motion that the full tariff of Section 106 Planning Obligations be imposed for application 3/11/0924/FP.

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

The Committee accepted the recommendation of the Director of Neighbourhood Services that, subject to the applicant or successor in title signing a legal agreement for the full tariff of Section 106 Planning Obligations pursuant to S106 of the Town and Country Planning Act 1990, application 3/11/0924/FP be granted subject to the conditions now detailed.

RESOLVED – that, subject to the applicant or successor in title signing a legal agreement for the full tariff of Section 106 Planning Obligations pursuant to Section 106 of the Town and Country Planning Act 1990 in respect of application 3/11/0924/FP, planning permission 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 applications 3/11/1365/FP and 3/11/1366/LB, planning permission and listed building consent be granted subject to the conditions detailed in the report now submitted.

Councillor B Wrangles commented that Hertfordshire Highways continued to question the viability of this site as a sustainable location for all modes of transport.  She also stated that there was no footpath to and from the site, which was located on a dangerous road junction.

Councillor M Alexander expressed his surprise that there had been no late comments from Ware Town Council.

The Committee supported the recommendations of the Director of Neighbourhood Services as now submitted.

RESOLVED – that (A) in respect of application 3/11/1365/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

(B)   in respect of application 3/11/1366/LB, listed building consent be granted subject to the conditions detailed in the report now submitted.

Recommended for Approval

Mrs Cheryl Sauvery addressed the Committee in objection to the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/0987/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

The Director of Neighbourhood Services also recommended that, in respect of application 3/11/0988/FP, subject to the applicant entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990, planning permission be granted subject to the conditions detailed in the report now submitted.

The Director advised that the Environment Agency had provided further justification in respect of their request for a financial contribution towards ecological enhancement works to the Birchanger Brook, which was in close proximity to the site.

Members were advised that Officers were now satisfied that sufficient justification existed for the requested financial contribution of £10,000 towards off-site ecological enhancement works to the Birchanger Brook.  Officers had therefore recommended that application 3/11/0988/FP be granted subject to the signing of a legal agreement pursuant to S106 of the Town and Country Planning Act 1990.

Councillor M Newman stated that although the gap between the car park and residents’ rear gardens had been increased, it should be possible for a condition to be imposed requiring some level of screening beyond planting trees at ground level.

The Director confirmed additional screening could be added as a condition of planning permission.  Members were reminded that any screening would increase the overall height of the proposed development.

Councillor A Burlton commented that some additional screening was essential given that any new trees would not provide sufficient screening for some considerable length of time after they were planted.  He stressed that some other form of screen should be provided on the first floor of the car park.

Councillor M Alexander stated that any additional screening would also help to absorb any sound that emanated from the site.

The Committee supported the recommendations of the Director of Neighbourhood Services as now submitted.

RESOLVED – that (A) in respect of application 3/11/0987/FP, planning permission be granted subject to the conditions detailed in the report now submitted and subject to the following additional condition:

1.           Prior to the commencement of the development hereby permitted details of screening to be erected on the first floor of the car park shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with those approved details.

Reason: In the interests of privacy in accordance with policy ENV1 of the East Herts Local Plan April 2007.

(B)   in respect of application 3/11/0988/FP, subject to the applicant entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990, planning permission 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 3/11/1339/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/11/1339/FP, planning permission 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 3/11/1282/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor A Burlton stated that the conclusion of the report could send out the wrong message that any development that was not visible would not result in harm to the character and appearance of a rural area.

Councillor Mrs R Cheswright expressed concerns in relation to the impacts of the proposed replacement dwelling with a basement in the rural area.  She was also concerned that the site was untidy with spoil from building works around the site boundary.

The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/11/1282/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Recommended for Approval

Mr Edward Keymer addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, subject to the applicant or successor in title signing a legal agreement pursuant to S106 of the Town and Country Planning Act 1990, in respect of application 3/11/1387/FP, planning permission be granted subject to the conditions now detailed.

Councillor Mrs R Cheswright expressed her satisfaction in relation to the Section 106 planning obligation detailed in the report now submitted.  She referred to residents’ concerns in relation to car parking and restricted fire service access. 

After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Director of Neighbourhood Services that, subject to the applicant or successor in title signing a legal agreement pursuant to S106 of the Town and Country Planning Act 1990, application 3/11/1387/FP be granted subject to the conditions now detailed.

RESOLVED – that, subject to the applicant or successor in title signing a legal agreement pursuant to S106 of the Town and Country Planning Act 1990, in respect of application 3/11/1387/FP, planning permission be granted, subject to the conditions detailed in the report now submitted.

Recommended for Refusal

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1170/FP, planning permission be refused for the reasons now detailed.

Councillor M Alexander referred to paragraph 7.2 of the report now submitted.  He stressed that Officers had been of the view that an internally accessed basement would be acceptable in this Green Belt location.  He referred to the subsequent concerns of Officers in relation to the visual impact of the access being via a sunken patio.

Councillor Alexander questioned whether the proposed development would be visible from White Stubbs Bungalow.  He stated that the development would not be visually intrusive and should be approved.

The Director advised that Officers had felt that the impact of the extensive excavations made for a greater visual impact on the Green Belt.  Normally Officers were supportive of hidden basements without windows but in this case felt the impact was unacceptable in this location.

Councillor M Alexander proposed and Councillor B Wrangles seconded a motion that application 3/11/1170/FP be granted on the grounds that the application would not result in harm to the openness of the Green Belt and would not harm the character and appearance of the surrounding rural area.

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 that application 3/10/1170/FP be refused planning permission for the reasons now detailed.

RESOLVED – that in respect of application 3/11/1170/FP, planning permission be granted subject to the following conditions:

1.            The development to which this permission relates shall be begun within a period of three years commencing on the date of this notice.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2.            The development hereby approved shall be carried out in accordance with the following approved plans 11-1067-101 D, 11-1067-102, 11-1067-103, 11-1067-104, 11-1067-105, 11-1067-106 A.

Reason: To ensure the development is carried out in accordance with the approved plans, drawings and specifications.

3.            No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.

Reason:To secure the protection of and proper provision for any archaeological remains in accordance with policies BH2 and BH3 of the East Herts Local Plan Second Review April 2007.

4.            No works or development shall take place until full details of both hard and soft landscape proposals have been submitted to and approved in writing by the Local Planning Authority. These details shall include, as appropriate: (a) Means of enclosure (b) Car parking layouts (c) Hard surfacing materials (d) Planting plans (e) Written specifications (including cultivation and other operations associated with plant and grass establishment) (f) Schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate.

Reason: To  ...  view the full minutes text for item 372.

Recommended for Approval

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1369/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/11/1369/FP, planning permission 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 3/11/1295/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor M Newman, as the local ward Member, referred to the building as unique and interesting in that it was a modern half timber construction.  He stressed the importance of any development being in keeping with the existing structure.

Councillor Newman commented on whether Officers could add a condition in relation to material samples being provided to ensure the development remained in keeping with the existing structure.  The Director confirmed that Officers could add such a condition should the application be approved.

In response to concerns from Councillor M Alexander, the Director advised that Officers valued the comments of Town and Parish Council’s as much as Members do.

The Director confirmed that Officers always allowed ample time for comments to be submitted and Officers would talk to the Parish and Town Councils to request that where there were no objections, Officers be advised of this rather than no comment being made.

The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/11/1295/FP, planning permission 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 3/11/1391/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/11/1391/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Recommended for Approval

Mr Eamon Bourke addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/0856/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

In response to a query from Councillor M Alexander in respect of paragraph 3.2, the Director confirmed that no response had been received from National Grid’s Plant Protection Team.

The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/11/0856/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Recommended for Approval

Mr Lawrence Tansley addressed the Committee in objection to the application.  Mr John Reeves spoke for the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1230/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

In response to a query from Councillor A Burlton, the Director confirmed that the number of bedrooms would increase from 3 to 5 as a result of the proposed development.  Members were advised of an additional detached annexe on the site which contained further bedrooms.

The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/11/1230/FP, planning permission 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 3/11/1320/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/11/1320/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Recommended for Approval

The Director of Neighbourhood Services recommended that, subject to the applicant entering into an agreement under S106 of the Town and Country Planning Act 1990 to restrict the occupancy of The Bungalow, Stonebury Farm, Hare Street, in respect of application 3/11/1300/SV, planning permission be granted subject to the conditions now detailed.

The Committee accepted the recommendation of the Director of Neighbourhood Services that, subject to the applicant entering into an agreement under S106 of the Town and Country Planning Act 1990 to restrict the occupancy of The Bungalow, Stonebury Farm, Hare Street, application 3/11/1300/SV be granted subject to the conditions now detailed.

RESOLVED – that, subject to the applicant entering into an agreement under S106 of the Town and Country Planning Act 1990 to restrict the occupancy of The Bungalow, Stonebury Farm, Hare Street, in respect of application 3/11/1300/FP, planning permission 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 3/11/1217/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/11/1217/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/11/0083/B, enforcement action be authorised on the basis now detailed.

The Committee accepted the Director’s recommendation for enforcement action to be authorised in respect of the site relating to E/11/0083/B on the basis now detailed.

RESOLVED – that in respect of E/11/0083/B, the Director of Neighbourhood Services, in conjunction with the Director of Internal Services, be authorised to take enforcement action under under Section 172 of the Town and Country Planning Act 1990 and any such further steps as may be required to secure the cessation of the use of the agricultural building and land for residential purposes, as now submitted.

Enforcement

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/11/0077/B, enforcement action be authorised on the basis now detailed.

The Director advised that it has been drawn to the attention of Officers that the site plan accompanying the enforcement report had inadvertently included part of an adjoining site.  Officers had provided hard copies of a revised plan.

The Committee accepted the Director’s recommendation for enforcement action to be authorised in respect of the site relating to E/11/0077/B on the basis now detailed.

RESOLVED – that in respect of E/11/0077/B, the Director of Neighbourhood Services, in conjunction with the Director of Internal Services, be authorised to take enforcement action under Section 172 of the Town and Country Planning Act 1990 and any such further steps as may be required to secure the cessation of unauthorised uses within various units/buildings, as now submitted.

(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.