Agenda and minutes

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

The Chairman thanked Building Control Officers for a very good presentation prior to the meeting.  Members were reminded of the training session scheduled for 5.15 pm prior to the next meeting on 4 January 2012.  The Chairman advised that the training would cover listed buildings, parking provision and conservation areas.

Councillor P Ruffles declared a personal interest in application 3/11/1373/FP, in that he had been closely involved in the development of the application in his capacity as a Member of the Hertfordshire Groundwork Trust.

Councillor B Wrangles declared a personal interest in application 3/11/1627/FO, in that she was an acquaintance of the applicant.

Councillor S Rutland-Barsby declared a personal and prejudicial interest in application 3/11/1627/FO, in that she was a customer of Riverside Garden Centre and was acquainted with a number of objectors to this application.  She left the room during consideration of this matter.

Councillor S Rutland-Barsby declared a personal interest in application 3/11/1373/FP, in that she frequently used the drive to the Bayfordbury Campus.

Councillor W Ashley declared a personal interest in application 3/11/1650/FP, in that he was an acquaintance of the applicant.

Councillor W Ashley declared a personal interest in application 3/11/1716/FP, in that he was acquainted with some of the members of the family that was the applicant.

Councillor W Ashley declared a personal and prejudicial interest in application 3/11/1808/FP, in that he was one of the partners of the firm that was the applicant.  He left the room and Councillor S Rutland-Barsby chaired the meeting during consideration of this matter.

Councillors Mrs R Cheswright and J Taylor declared personal interests in application 3/11/1627/FO, in that they had both been customers at Riverside Garden Centre.

Councillor J Demonti declared a personal interest in application 3/11/1808/FP, in that she was an acquaintance of the applicant.

To confirm the Minutes of the meeting of the Committee held on Wednesday 9 November 2011.

RESOLVED – that the Minutes of the meeting held on 9 November 2011 be confirmed as a correct record and signed by the Chairman.

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1627/FO, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor A Burlton commented that although he had nothing against the application, he was concerned that the applicant repeatedly submitted retrospective applications after work had been completed.  He stated that Officers should advise the applicant that applications must be submitted before any work was carried out.

Councillor M Newman expressed concerns relating to the effectiveness of the proposed planting in providing adequate screening of the development.  He stated that the use of deciduous trees provided little screening at the moment and the use of metal cladding was very evident.  He commented that there was no screening above the entrance door.

The Director advised that it was important to consider the extent to which landscaping softened the impact of the development.  Members were advised that landscaping would be very unlikely to screen the development entirely but felt that an acceptable visual appearance would be achieved.

The Director commented that the landscaping had softened the impact of the development and had assisted with the assimilation of the building into the surrounding area.  The Director stated that Members’ concerns appeared to be more in relation to the appearance of the building rather than the landscaped screening.

Councillor M Newman proposed and Councillor A Burlton seconded, a motion that application 3/11/1627/FO be refused on the grounds that the proposed variation of condition would not allow sufficient control to be retained in relation to the appearance of the building to ensure that it does not have a harmful visual impact in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

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.

Councillor W Ashley requested that his dissent from this decision be recorded.

RESOLVED – that in respect of application 3/11/1627/FO, planning permission be refused for the following reason:

1.    The proposed variation of condition would not allow sufficient control to be retained in relation to the appearance of the building to ensure that it does not have a harmful visual impact in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

Recommended for Approval.

Claire Holt addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1650/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 3/11/1650/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Recommended for Refusal.

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

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1716/FP, planning permission be refused for the reasons now detailed.

The Director referred Members to the additional representations schedule for Officers’ comments relating to the financial test and in respect of the size of the proposed log cabin.  Councillor S Bull commented that such applications should be welcomed in rural areas, particularly in light of the current financial climate.

In response to a query from Councillor M Newman, the Director confirmed that, according to the submitted plans, the size of the proposed development was 17 metres by 6.8 metres.

Councillor Newman commented on whether the proposed development could be classed as a mobile home.  He queried whether there would be permanent foundations or wheels making the proposed development a true mobile home.

The Director stated that the proposed development appeared to have a fixed plinth and would also benefit from a fixed terrace on two sides.  Officers were of the view that the log cabin could not be moved easily and the impact of the development on the green belt was a material consideration.

Councillor J Taylor commented that this area was a county wildlife site and stated that the site was in the metropolitan green belt.  Councillor Taylor supported the Officer’s recommendation for refusal and the reasons detailed in the report now submitted.

The Director commented that the financial case for the proposed development was very much based on an extrapolation of financial information from previous years trading but that those base figures had not been submitted. Officers felt that the recommendation in the report was the appropriate course of action for Members at this stage.

Councillor S Bull proposed and Councillor M Alexander seconded, a motion that application 3/11/1716/FP be deferred to allow the applicant to submit further information to prove that there was clear evidence that the proposed enterprise had been planned on a ‘sound financial basis’.

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

After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Director of Neighbourhood Services that application 3/11/1716/FP be refused planning permission for the reasons now detailed.

RESOLVED – that in respect of application 3/11/1716/FP, planning permission be refused for the reasons detailed in the report now submitted.

Recommended for Approval.

Mr Stephen Boffey 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 Section 106 of the Town and Country Planning Act 1990, in respect of application 3/11/1373/FP, planning permission be granted subject to the conditions now detailed.

The Director advised that the applicant had requested that, should Members be supportive of the proposed development, the time limit be altered from 3 to 5 years to give the applicants the opportunity to raise the finance to implement the proposed development.  Officers considered this to be a reasonable request due to the unusual circumstances of the applicants and the need for funds to be generated.

Councillor L Haysey, as the local ward Member, addressed the Committee in support of the application.  She endorsed the comments of the public speaker and referred to the Hertfordshire Groundwork Trust and the Hertfordshire and Middlesex Wildlife Trust as particularly compatible partners to the applicant.

Councillor Haysey stated that this application, if approved, would allow the three partners to share a vision for education and environmental regeneration.  She also praised the work of Hertfordshire Groundwork Trust in working with young people and in particular with people who were disadvantaged in society.

Councillor Haysey urged the Committee to support the application with a sense of pride in terms of the benefits that would result for the District of East Herts.

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 Section 106 of the Town and Country Planning Act 1990, application 3/11/1373/FP be granted subject to a 5 year time limit and 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 3/11/1373/FP, planning permission be granted, subject to a 5 year time limit and subject to the conditions detailed in the report now submitted.

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1968/FP, planning permission be granted subject to the conditions detailed in the report now submitted.  The Director also recommended that authority be delegated to the Head of Planning and Building Control, in consultation with the Chairman of the Committee and the local ward Member, to make further minor changes to the details of the conditions, directives and summary of reasons detailed in the report now submitted.

The Director stated that all of the section 106 legal obligations from the previous planning permission would still apply.  Members were advised that the report was to reconsider the issues raised by the application now that development had commenced.  Members would also have to consider the issue of enforcement action.

The Director stressed that Officers considered the scheme to be acceptable and had recommended approval with no need for any enforcement action.  The Director advised that Officers felt it necessary to request that authority be delegated to the Head of Planning and Building Control, in consultation with the Chairman of the Committee and the local ward Member to make further appropriate minor changes to the details of the conditions, directives and summary of reasons now detailed.

In response to a query from Councillor A Burlton, the Director confirmed that all of the elements of the previous section 106 legal agreement would be included should this application be approved.  The Director stressed that the applicant had halted all development work and had entered into a dialogue with Officers so that all outstanding issues could be resolved.

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

RESOLVED – that (A) in respect of application 3/11/1968/FP, planning permission be granted subject to the completion of a legal agreement containing the elements previously agreed by the committee at its February 2011 meeting and the conditions detailed in the report now submitted.

(B)   authority be delegated to the Head of Planning and Building Control, in consultation with the Chairman of the Committee and the local ward Member, to make further minor changes to the details of the conditions, directives and summary of reasons now detailed.

Recommended for Refusal.

Mr Barker addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1742/FP, planning permission be refused for the reasons now detailed.

The Director referred Members to the substantial amount of additional information detailed in the late representation schedule.  The Committee was advised that the Council’s planning policies favoured the direct provision of affordable housing.

The Committee was further advised that Members must weigh up whether the harm caused by the development was outweighed by the potential benefits.  In the case of the initial recent application, Members had taken the view that the proposals could be supported because of the direct provision of two affordable homes.

The Director advised that the next application had been refused by Officers as insufficient information had been submitted to justify the claim that the scheme was, by then, unviable.  Members were advised that, whilst sufficient information had now been submitted, this did not mean that automatic approval should be forthcoming as Members must still weigh up the balance of harm and benefit.

The Director stressed that, whilst a financial contribution of £100,000 had been offered, there was no justification for this figure.  Members were advised that it was unlikely that any provision would be achieved because of the lack of an alternative development to which the contribution could be put towards.  Officers had been of the view that, taking into account the lack of government grant, financial provision of at least £200,000 would have to be made to enable the provision of two affordable units.

The Director reiterated that to accept a financial contribution would be contrary to the relevant policies in the East Herts Local Plan Second Review April 2007 and in the supplementary planning documents.  Members would have to demonstrate very clear and cogent reasons for departing from policy.

The Director also advised that the Council’s Solicitor had stated that an additional reason for refusal should be applied in that, whilst financial provision was to be made as part of the proposals to support the provision of affordable housing, there had been no justification supplied in relation to the scale of that financial provision.

The Director stressed that no other steps had been taken to ensure that actual delivery of affordable housing could be achieved as a result of the financial provision and therefore the proposals were contrary to the requirements of policy HSG3 of the East Herts Local Plan Second Review April 2007 and were also contrary to the Affordable Housing and Lifetime Homes Supplementary Planning Document (SPD) January 2008.

Councillor K Crofton, as the local ward Member, addressed the Committee in support of the application.  He stated that the volume of paperwork presented to Members had over complicated what was a very simple issue.

Councillor Crofton stressed that the applicant had sought to vary an existing planning permission for reasons beyond the applicant’s control.  He referred to a viability report that had been submitted to Officers and to  ...  view the full minutes text for item 485.

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1637/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 3/11/1637/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 3/11/1712/FO, 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 3/11/1712/FO, 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 3/11/1631/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 no comments had been received from Bishop’s Stortford Town Council.  Councillor J Demonti expressed concerns that the footpath lighting turn off time of 11 pm was too late and that 9 pm would be more appropriate.  She requested that a condition be imposed to this effect.

The Director advised that Officers could go back to the applicant, which was the property section of the Authority, to seek a solution that was acceptable to Members.  Councillor A Burlton requested that all of the Bishop’s Stortford Members be consulted.  

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 3/11/1631/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 3/11/1508/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 3/11/1508/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 3/11/1833/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor M Newman commented on whether a noise condition should be applied as a motorcycle repair business would be substantially more noisy than the current use of a furniture show room.

The Director advised that the majority of this industrial estate was made up of general B2 industrial uses and it would be reasonable to assume there would be some noise in that respect.

Members were advised that Officers had not applied a noise condition as this had not been requested by Environmental Health.  Officers felt that a condition was not required as Environmental Health had powers to tackle any noise problems under Environmental Health legislation.

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 3/11/1833/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Recommended for Approval.

Mr Cave addressed the Committee in objection to the application.

The Director of Neighbourhood Services recommended that, in respect of applications 3/11/1520/FP and 3/11/1521/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor G Jones, as the local ward Member, endorsed the comments of the public speaker.  He commented that Maple Avenue was characterised by large houses on large plots of land.  Councillor Jones referred to instances where large houses had been demolished to make way for more than one dwelling on a single plot.

Councillor Jones stated that this application was not compatible with the structure and layout of the surrounding area.  He commented that a smaller subservient property was out of keeping with the taller larger dwellings in the area and would therefore be contrary to policy ENV1 of the East Herts Local Plan Second Review April 2007.

Councillor Jones referred to the orientation of the proposed development in that the property would face south towards 4 Maple Avenue whereas all existing properties faced the road.  He commented on his concerns that there were 8 windows on the plans for the elevation that faced the adjacent existing property.

Councillor Jones stated that, as leaves had now fallen from the deciduous trees, the view between the properties was very much open and overlooking was much more likely to occur.

The Director advised caution in that Members should be aware that by refusing application 3/11/1520/FP and being supportive of application 3/11/1521/FP, the Committee would be implicitly supporting the subdivision of the plot of land at 2 Maple Avenue.

The Director read out the policy provisions in relation to the compatibility of neighbouring dwellings.  Members were reminded that Maple Avenue contained a mix of properties on plots of land to which there was some variety in size. 

The Director commented that the large plots did support some very substantial properties.  Members were also advised that a number of properties were set well back from the road whilst others were very much closer.

The Director advised that if Members felt that the proposed development did not site well within Maple Avenue, the Committee must articulate clearly what Members felt would be the harm that would be caused.  The Director commented that protecting the amenity of the frontage of a property was difficult as this aspect of many properties was very much more in public view.

Councillor Mrs R Cheswright commented that it seemed as if the new dwelling had been orientated in such a way so that the replacement dwelling would not be overlooked.

Councillor G Jones proposed and Councillor J Demonti seconded, a motion that application 3/11/1520/FP be refused on the grounds that the proposal would be out of keeping with and detrimental to the existing character and appearance of the surrounding area by reason of the scale and orientation of the proposed dwelling.  The orientation of the proposed dwelling  ...  view the full minutes text for item 491.

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1808/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

The Director referred to the late representation schedule and stated that there had been no objections from Brickendon Parish Council.

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 3/11/1808/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 3/11/1628/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 3/11/1628/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/11/0325/A, court injunctions be authorised on the basis now detailed.

The Committee accepted the Director’s recommendation for court injunctions to be authorised in respect of the site relating to E/11/0325/A on the basis now detailed.

RESOLVED – that in respect of E/11/0325/A, the Director of Neighbourhood Services, in conjunction with the Director of Internal Services, be authorised to apply for court injunctions on the basis now detailed.

The Director of Neighbourhood Services submitted a report that updated the Committee on current enforcement action at the land north of the Old Coach Road, Birch Green, Hertford, SG14 2LP.

The Committee supported the Director’s recommendation as now detailed.

RESOLVED - that enforcement action taken to date in respect of this site, be endorsed.

(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.