Agenda and minutes

Development Management Committee - Wednesday 20th October, 2010 7.00 pm

Venue: Council Chamber, Wallfields, Hertford. View directions

Contact: Peter Mannings (01279) 502174 

Media

Items
No. Item

323.

Apologies

To receive apologies for absence.

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Minutes:

324.

Chairman's Announcements

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Minutes:

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

 

The Chairman thanked Officers for the training that had been held prior to this meeting.  Members were requested to inform the Head of Planning and Building Control of any further suggestions for training.

 

The Chairman advised that the item relating to application 3/10/1396/FP – Erection of extension to provide 43 en-suite bedrooms at Fanhams Hall Hotel, Fanhams Hall, Fanhams Hall Road, Ware for Exclusive Hotels had been withdrawn.

 

The Chairman announced that he would take the item of urgent business between application 3/10/1074/FP and enforcement case E/08/0331/B.

 

The Chairman reminded Members that, in the period up to the Hunsdon by-election on 11 November 2010, “purdah” rules applied.  These rules existed to ensure that there was no risk of public funds being used and/or actions undertaken to support one particular political party or individual.

325.

Declarations of Interest

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Minutes:

Councillor S A Bull declared a personal and prejudicial interest in application 3/10/0090/FP, in that the site shared the access with the Co-op and he received a pension from the Co-op.  He left the room whilst this matter was considered.

 

Councillor A L Burlton declared a personal and prejudicial interest in applications 3/10/1401/LB and 3/10/1543/LB, in that he and his wife sold products to the company that was the applicant.  He left the room whilst this matter was considered.

326.

Minutes pdf icon PDF 100 KB

To confirm the Minutes of the meeting of the Committee held on Thursday 30 September 2010.

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Minutes:

RESOLVED – that (A) the Minutes of the meeting held on 22 September 2010 be confirmed as a correct record and signed by the Chairman; and

 

(B)   the Minutes of the meeting held on 30 September 2010 pm be confirmed as a correct record and signed by the Chairman, subject to the amendment of Minute 298 – Declarations of Interest as follows:

 

Delete “a town council representative on the Bishop’s Stortford High School Sports Hall Committee and replace with “a representative on the Bishop’s Stortford Joint Ownership Sports Hall Committee”.

327.

3/10/0386/FP - Redevelopment of 2.15 ha brownfield site to include new Asda foodstore (2601 sqm net); 13 dwellings (5 affordable) with 21 car parking spaces; retention and redesign of children's nursery; retention and refurbishment of Kiln and Maltings buildings together with associated access, 283 car parking spaces (including 10 spaces for nursery), servicing and landscaping, associated highways and pedestrian improvements (as amended) at Cintel site, Watton Road, Ware SG12 OAE for Asda Stor pdf icon PDF 212 KB

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Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/0386/FP, planning permission be refused for the reasons now detailed.

 

The Chairman stated that the applicant had made a formal request that the application be deferred to enable the applicant to overcome the reason for refusal around the retail impact of the proposals.

 

Councillor Mrs M H Goldspink commented on whether any useful information would be forthcoming if the application was deferred.  The Director advised that Officers felt that further work with retail advisors would probably not alter the recommendation in relation to the sequential test.  Officers considered that the Committee should continue to determine the application.

 

Councillor A L Warman started that given the sensitivity of the application, Members should continue to determine the application.

 

Councillor R Gilbert proposed and Councillor S A Bull seconded a motion that the application should not be deferred as this was a significant application and Members had attended a recent tour of the site.

 

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

 

Mr Sanders addressed the Committee in opposition to the application.  Judi Scholey spoke for the application.

 

The Director summarised the detailed background to the application.  He summarised the significant support and opposition to the application.  He stressed that Members must consider the planning merits of this application in relation to the sequential test of whether the Cintel site was sequentially preferable for the proposals when judged against other possible sites.  The only other site which appeared to have merit was the Swains Mill site at Crane Mead.

 

The Director referred the Committee to paragraph 7.16 of the report now submitted.  He stressed that Members must consider the availability, suitability and viability of alternative sites under national planning policy set out in PPS4

 

Members were advised that, although there was no planning application for the Swains Mill site, Officers were of the view that this site was viable and available for an alternative supermarket development.  The Director stressed that there was a more finely balanced judgement to be made in respect of the suitability of the two sites.  Members were referred to paragraph 7.20 of the report in respect of this matter.

 

The Committee was advised that the applicant on this application felt that the larger site at Watton Road would be of greater benefit to Ware in terms or greater provision and claw back of trade.  The Committee should also consider the issue of the primary shopping area of Ware.  Members were referred to paragraphs 7.11 and 7.19 of the report now submitted.  The Director stressed that this would not be formally defined until the Local Development Framework (LDF) document was produced.

 

The Director further advised that, although the applicant considered that the Baldock Street area was the primary shopping area, Officers felt that this part of Ware presently lacked the vitality and concentration of retail activity to be considered part of the primary shopping area.

 

Members were advised that although  ...  view the full minutes text for item 327.

328.

3/10/0396/FP - Redevelopment to form 45 Category II type sheltered apartments for the elderly (29x1 bed and 16x2 bed) communal facilities, landscaping and associated car parking at 135 Stansted Road, Bishop's Stortford, CM23 2AL for McCarthy and Stone Retirement Lifestyles Ltd. pdf icon PDF 113 KB

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Minutes:

Mr Podevin addressed the Committee in opposition to the application.  Mr Gillingham spoke for the application.

 

The Director of Neighbourhood Services recommended that, in respect of application 3/10/0396/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 now detailed.

 

The Director advised that the section 106 figure for off site provision of affordable housing had been amended and should now read £574,000.  The requirement for 15% lifetime homes was no longer considered appropriate as the proposed development was for accommodation for older people.

 

Councillor A L Warman expressed concerns that an application had come back to the Committee so soon after being refused due to concerns in respect of loss of amenity. 

 

Councillor R Gilbert commented that the report highlighted that changes had been made since the previous application had been refused.  He stated that the previous reasons for refusal still applied.  He also expressed concerns that the proposed parking provision was inadequate.

 

Councillor Mrs M H Goldspink expressed concerns that the application still constituted over development.  She stated that the height, bulk and massing of the proposed developed would have an overwhelming effect on surrounding dwellings.

 

Councillor Goldspink expressed concerns with the number of units being in excess of the 30 – 50 units hectare guideline.  She stated that the design was unacceptable and the proposed parking provision was inadequate.  She concluded that the small separation  distance to surrounding dwellings was unacceptable.

 

The Director confirmed that following financial viability assessments, the £574,000 for affordable housing was the level that the developer felt was deliverable on this site. 

 

In response to a query from Councillor A L Burlton, the Director confirmed that Officers felt that the Environmental Health condition around noise, air quality and contaminated land was not appropriate in this location.

 

The Director advised that Officers felt that the previous reasons for refusal had all been addressed.  Members would now need to make a judgement as to whether they felt the scale, size, massing and design of the proposed development was acceptable.

 

The Committee was reminded that developers typically sought to maximise the development potential of any given site.  The Director stated that Officers had considered this application to be acceptable in terms of the layout and design that had been submitted.

 

The Director also stated that unless Officers felt that parking was going to be particularly problematic, the parking policy stipulated a maximum provision and applicants often submitted plans for a lesser provision than was acceptable in relation to this policy.

 

The Director advised that this applicant had considerable experience of this type of accommodation.  The applicant clearly considered that the proposed parking provision would operate effectively on this site.  Members might not be able to demonstrate substantive evidence to the contrary.

 

Councillor Mrs M H Goldspink proposed and Councillor R Gilbert seconded, a motion that application 3/10/0396/FP be refused on the grounds that the proposed development failed  ...  view the full minutes text for item 328.

329.

(b) 3/10/1401/LB - Erection of extension and glazed link to provide 43 en-suite bedrooms;(c) 3/10/1543/LB - Internal alterations to amalgamate bedrooms in courtyard building at Fanhams Hall Hotel, Fanhams Hall, Fanhams Hall Road, Ware, Hertfordshire, SG12 7PZ for Exclusive Hotels. pdf icon PDF 111 KB

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1401/LB, listed building consent be granted subject to the conditions now detailed.  The Director of Neighbourhood Services also recommended that, in respect of application 3/10/1543/LB, listed building consent be granted subject to the conditions now detailed.

 

In response to a query from Councillor R N Copping, the Director confirmed that this was an application where both planning permission and listed building consent were required before the development could go ahead.

 

The Director confirmed that as the application for planning permission had been withdrawn, this report was now solely to invite Members to consider whether the impact of the proposed development was acceptable in relation to its impact on the historic character and appearance of the listed building.

 

In response to a concern from Councillor R Gilbert in relation to the impact of the application on the listed building, the Director stated that Officers were satisfied that there would not be a detrimental impact on the historic character and appearance of the listed building.

 

The Committee was advised however, that Officers had been concerned in relation to the impact of the planning application on the principle of such development in the green belt.  Members were reminded that it was quite acceptable to refuse planning permission on an application whilst approving listed building consent.

 

After being put to the meeting and a vote taken, the Committee supported the recommendations of the Director of Neighbourhood Services that applications 3/10/1401/LB and 3/10/1543/LB be granted listed building consent subject to the conditions now detailed.

 

RESOLVED – that (A) in respect of application 3/10/1401/LB, listed building consent be approved subject to the following conditions:

 

1.           Listed Building three year time limit (1T141)

 

2.        Samples of materials (2E123)

 

3.        Listed building (new doors) (8L043)

 

4.    Listed building (new window) (8L033)

 

5.    Prior to any building works being first commenced, detailed drawings of the new glazed link at a scale of 1:200 or similar shall be submitted to, and approved in writing by the Local Planning Authority.

 

        Reason: To ensure the historic and architectural character of the building is properly maintained, in accordance with the aims of PPS5 – Planning for the Historic Environment.

 

6.    Listed building (making good) (8L103)

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and the saved policies of the East Herts Local Plan Second Review April 2007), and in particular PPS5 – Planning for the Historic Environment.  The balance of the considerations having regard to those policies is that consent should be granted.

 

(B)   in respect of application 3/10/1543/LB, listed building consent be approved subject to the following conditions:

 

1.        Listed Building three year time limit (1T141)

 

2.        Listed building (new doors) (8L043)

 

3.    Listed building (making good) (8L103)

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (Hertfordshire County Structure  ...  view the full minutes text for item 329.

330.

3/10/1495/FP - Fifteen caravan pitches with associated parking; extension to access road and construction of toilet and shower building incorporating booking-in office at Westmill Farm, Westmill Road, Westmill, Ware, Herts, SG12 0ES for DJ and DM Vigus pdf icon PDF 65 KB

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Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1495/FP, planning permission be granted subject to the conditions now detailed.

 

Councillor D Andrews enquired as to how Officers enforced the occupation limit in that no individual caravan or person shall occupy the site for any period in excess of 3 months in any 12 month period.

 

The Director stated that Officers would take enforcement action if there was a breach of this condition.  The Committee was advised that this condition was the same as applied elsewhere on the site.  Officers were reliant however on any breach of this condition being reported to them.

 

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services that application 3/10/1495/FP be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/10/1495/FP, planning permission be granted subject to the following conditions:

 

1.           Three year time limit (1T121)

 

2.           Landscape design proposals (4P124)

 

3.           Landscape works implementation (4P133)

 

4.           Landscape maintenance (4P173)

 

5.           Hours of working – plant and machinery (6N053)

 

6.           The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul and surface water has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved.

 

        Reason: To prevent pollution of the water environment, in accordance with ‘saved’ policies ENV18 and ENV20 of the East Herts Local Plan Second Review April 2007.

 

7.           Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended), not more than 15 caravans may be stationed on the land that is the subject of this approval at any time. The caravans shall be occupied solely for holiday/leisure or touring purposes and not for permanent residential occupation. No individual caravan or individual person shall occupy the site for any period in excess of 3 months in any 12 month period.

 

        Reason: To prevent the establishment of a permanent residential caravan site contrary to Metropolitan Green Belt policy and in accordance with ‘saved’ policy GBC1 of the East Herts Local Plan Second Review April 2007.

 

8.    Lighting details (2E272).

331.

3/10/1454/FP - Change of use of meadow to domestic garden land and retention of two outbuildings (retrospective) at Northleys, High Street, Much Hadham, SG10 6DB for Mr Jeffcoate. pdf icon PDF 52 KB

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1454/FP, planning permission be granted subject to the conditions now detailed.

 

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services that application 3/10/1454/FP be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/10/1454/FP, planning permission be granted subject to the following conditions:

 

1.    Three year time limit (1T121)

 

2.    Within three months of the grant of permission a landscape plan for the western boundary of the application site relating to the change of use of the land shall be submitted to and approved in writing by the Local Planning Authority. The landscape plan shall include planting plans, written specifications and schedules of plants, noting species, planting sizes and the proposed numbers and densities. The landscape plan shall be implemented within the next available planting season and maintained thereafter to the satisfaction of the Local Planning Authority.

 

        Reason: To provide an appropriate landscaping and boundary treatment in accordance with policy ENV2 and ENV7 of the East Herts Local Plan Second Review April 2007.

 

3.    Within three months of the grant of permission, a colour sample of the boarding for buildings one and two shall be submitted to and approved in writing to the Local Planning Authority. The buildings shall thereafter be finished externally in that approved colour.  

 

        Reason: In the interests of visual amenity of the site, in accordance with policy GBC3 and ENV1 of the East Herts Local Plan second Review April 2007.

 

4.    The alterations hereby permitted to the existing outbuildings (buildings one and two), as shown on plan reference 2555-103, shall be implemented in accordance with that plan within three months of the date of this decision.

 

        Reason: To enhance the existing impact of the development on the rural character and appearance of the site, in accordance with policy ENV1 of the East Herts Local Plan April 2007, and to avoid possible enforcement proceedings in respect of the existing unauthorised outbuildings.

 

5.    Withdrawal of PD (Part 1 Class E)(2E223) – Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development Order), 1995 the provision within the extension of the curtilage of the dwelling hereby permitted of any building, enclosure or swimming pool as described in Schedule 2, Part 1, Class E of the Order shall not be undertaken without the prior written permission of the Local Planning Authority.

 

        Reason: To ensure the Local Planning Authority retains control over any future development as specified in the condition in the interests of amenity.

 

Directives:

 

1.    Other legislation (01OL1)

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and East Herts Local Plan Second Review April 2007), and in particular saved policies GBC3, BH1, BH6, ENV1, ENV7  ...  view the full minutes text for item 331.

332.

3/10/1285/FP - Single storey side extension, provision of three canopies and ramp at St. Andrews Primary School, Tower Hill, Much Hadham, SG10 6DL for St. Andrews Primary School. pdf icon PDF 40 KB

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Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1285/FP, planning permission be granted subject to the conditions now detailed.

 

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services that application 3/10/1285/FP be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/10/1285/FP, planning permission be granted subject to the following conditions:

 

1.           Three year time limit (1T12)

 

2.           Matching Materials (2E13)

 

3.           Materials of construction for ramp (2E113)

        delete ‘building’ and replace with ‘ramp’.

 

Directive:

 

1.           Other Legislation (01OL)

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and the saved policies of the East Herts Local Plan Second Review April 2007), and in particular policies GBC3, ENV1, BH1, BH6 and particular Planning Policy Statement 5: Planning for the Historic Environment. The balance of the considerations having regard to those policies and the limited harm to the character, appearance or openness of this rural area is that permission should be granted.

333.

3/10/1074/FP - Single storey rear extension at 74 Pishiobury Drive, Sawbridgeworth, CM21 0AF for Mr and Mrs Steven Barrett. pdf icon PDF 36 KB

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1074/FP, planning permission be granted subject to the conditions now detailed.

 

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services that application 3/10/1074/FP be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/10/1074/FP, planning permission be granted subject to the following conditions:

 

1.    Three year time limit (1T12)

 

2.    Materials of construction (2E11)

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and the saved policies of the East Herts Local Plan Second Review April 2007), and in particular policies GBC1, ENV1, ENV5, ENV6, ENV19 and BH16.  The balance of the considerations having regard to those policies and the resultant limited impact on the openness of the Green Belt is that permission should be granted.

334.

3/10/1500/FO - Variation of Condition 16 of planning permission ref. 3/07/2005/FP to read "the former garage wall adjacent to the eastern boundary of the site shall be repaired to a height of 3.5m high from the Century Road elevation. The garage wall shall be repaired in accordance with details set out in drawing 10/1465/007A prior to the first occupation of the development." at former Charvill Bros, Baldock Street Ware for McCarthy and Stone R L Ltd. pdf icon PDF 56 KB

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1500/FO, planning permission be granted subject to the conditions now detailed.

 

The Director stated that this application comprised some minor changes to previous proposals.  Officers had followed legal advice in setting out, in full, the appropriate conditions.  Officers had also been advised that any planning permission would be subject to the completion of a section 106 planning obligation.  This obligation would link the planning obligations of the original planning permission (3/07/2005/FP) to the new permission.

 

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services that, subject to the agreement of a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990 that ties the planning obligations of the original planning permission (3/07/2005/FP) to the new permission, application 3/10/1500/FO be granted subject to the conditions now detailed.

 

RESOLVED – that subject to the agreement of a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990 that ties the planning obligations of the original planning permission (3/07/2005/FP) to the new permission, in respect of application 3/10/0432/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 six months 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.      Prior to any building works being commenced samples of the external materials of construction including rainwater goods for the building hereby permitted shall be submitted to and approved in writing by the Local Planning Authority.

 

        Reason: In the interests of the appearance of the development, and in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

 

3.      Prior to the commencement of bricklaying, a sample panel of brickwork shall be provided on the site and shall be formally approved in writing by the Local Planning Authority. The panel shall be retained as a reference for all external brickwork within the development.

 

        Reason: In the interest of achieving a high quality of design and finish for the development in accordance with Policy ENV1 of the East Herts Local Plan Second Review April 2007 and national guidance in PPS1.

 

4.      Cycle parking facilities shall be provided, in accordance with details to be submitted to and approved in writing by the Local Planning Authority, prior to the commencement of development.

 

        Reason: To encourage the use of cycles as means of transport, in accordance with policies TR13 & TR14 and Appendix II of the East Herts Local Plan Second Review April 2007.

 

5.      Prior to the commencement of work detailed drawings of new doors, windows, roof eaves and shopfronts at a scale of not less than 1:20 shall be submitted to, and approved in writing by the Local Planning Authority and shall be carried out in accordance with the approved plans and specification.  ...  view the full minutes text for item 334.

335.

E/08/0331/B - Unauthorised erection of a portacabin building and use of a compound for the storage of redundant frames in connection with the business of "Windowman and Sons", a double glazing company, at Foxholes Farm, London Road, Hertford, SG13 7NT. pdf icon PDF 37 KB

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/08/0331/B, enforcement action be authorised on the basis now detailed.

 

Councillor R Gilbert stated that, whilst he did not object to enforcement action, he was concerned that such action might put 7 people out of work.  He commented that the whole site had been untidy for some time, although he felt that the portacabin was not too bad as this was tucked away behind houses.

 

Councillor Gilbert expressed concerns that the site was covered in a number of skips that were being used for recycling.  Councillor B M Wrangles and Councillor Mrs M H Goldspink also had concerns that enforcement action would be costing a family their jobs. 

 

Councillor Goldspink stated that the portacabin was tucked away neatly behind the yard and enforcement action should not be taken.  Councillor W Ashley stressed that a notice has to be served to prevent the development becoming authorised by default.

 

Councillor M R Alexander stated that the Committee should be mindful that the site was in the metropolitan green belt and the reasons put forward by Members for not taking enforcement action were not compelling.

 

Councillor D Andrews commented that there was nothing portable about this unauthorised portacabin.  He stressed that there were other buildings on site that could be used for this type of business.

 

The Director confirmed that this was unauthorised development on a site that was in the metropolitan greenbelt.  He stressed that although some Members felt that the portacabin was tucked away, this was little more than a container and was inappropriate development within the greenbelt.

 

The Director stressed that Officers had very clearly defined where enforcement action was to be taken so that the Authority would not be over enforcing on what was a very small area on this site.  Officers were in negotiations with the owner of the site and Officers did not want to prejudice any further actions on this site.

 

Councillor R Gilbert proposed and Councillor A L Warman seconded, a motion that the period for compliance be extended to 6 months to allow the applicant more time to secure an alternative location for the business.

 

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

 

The Committee supported the Director’s recommendation for enforcement action to be authorised in respect of the sites relating to E/08/0331/B on the basis now detailed.

 

RESOLVED – that in respect of E/08/0331/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 removal of the unauthorised developments from the land.

 

Period for compliance: 6 months.

 

Reasons why it is expedient to issue an enforcement notice:

 

1.            The portacabin building and storage compound lie within the Metropolitan Green Belt as defined in the East Hertfordshire Local Plan  ...  view the full minutes text for item 335.

336.

3/10/1271/FO – Variation of Condition 3 of planning permission ref. 3/08/1390/FP to allow for the removal of approved pedestrian gate and the provision of pole mounted amber flashing lights mounted at roadside on approach to pedestrian crossing point at Paradise Wildlife Park, White Stubbs Lane, Broxbourne, EN10 7QA. pdf icon PDF 44 KB

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1271/FO, planning permission be granted subject to the conditions now detailed.

 

Councillor R Gilbert referred to Brickenden Liberty Parish Council being opposed to the application.  He expressed concerns that the local residents did not feel the removal of the condition was a good idea.

 

The Director stated that Hertfordshire Highways had not objected to the removal of the condition.  The Committee was advised that Officers had been particularly concerned in relation to the impact of the proposals on the rural area.  However, Officers felt that on balance, the impact was acceptable given that the signage would only be used in busy periods such as the summer and school holidays.

 

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services that application 3/10/1271/FO be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/10/1271/FO, planning permission be granted subject to the following conditions:

 

1.    The development to which this permission relates shall be begun before 22nd October 2011.

 

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

 

2.    No external lighting (2E26)

 

3.    The flashing safety lights hereby approved shall be installed and activated only when the overflow car park is in use, unless otherwise agreed in writing by the Local Planning Authority.

 

        Reason: In the interests of pedestrian and highway safety.

 

4.    The lighting units hereby approved shall be finished in black, and details of their fixings shall be submitted to and approved in writing by the Local Planning Authority prior to their installation.

 

        Reason: In the interests of the character and appearance of this rural lane and the surrounding Green Belt in accordance with policies GBC1 and ENV1 of the East Herts Local Plan Second Review April 2007.

 

5.    Tree retention and protection (4P05)

 

6.    Hedge retention and protection (4P06)

 

7.    Tree Protection: Earthworks (4P10)

 

8.    Landscape design proposals (4P12 i,j,k)

 

9.    Landscape works implementation (4P13)

 

10.  Details of earthworks/mounding (4P16)

 

11.  Landscape maintenance (4P17)

 

12.  Retention of landscaping (4P21)

 

13.  The car park hereby permitted shall be used as an overflow car park only, in connection with Paradise Wildlife Park and not for any other purpose.

 

        Reason: To ensure that no alternative use is made of the premises which would be likely to be a nuisance or annoyance to nearby occupiers.

 

14.  The use of the car park shall be restricted to within half an hour before and after the normal opening hours of Paradise Wildlife Park.

 

        Reason: In the interests of the amenities of the occupants of nearby properties.

 

15.  No materials, debris, pollutants, vehicles or machinery associated with this overflow car park are to be stored or used within the adjacent Wildlife Sites (71/033 Coldhall Green and White Stubbs Lane, and 71/063 Mortals Wood).

 

        Reason: To protect local Wildlife Sites in accordance with policy ENV14 of the  ...  view the full minutes text for item 336.

337.

3/10/0090/FP - Erection of 6 No. Flats, 2 No houses and extension to Public Library at Adams Yard, Maidenhead Street for Atlantic Hertford Ltd – (Amendment of S106 authorisation). pdf icon PDF 31 KB

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/0090/FP, 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, planning permission be granted subject to the conditions now detailed.

 

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services 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, application 3/10/0090/FP be granted planning permission subject to the conditions now detailed.

 

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 to cover the following matters:

 

1.           The provision of a public pedestrian right of way across the application site between points A and B on Plan “A” towards the creation of a public pedestrian link to Maidenhead Street.

 

2.           The funding of an agreement under Section 25 Highways Act 1980 (or equivalent) with the Highway Authority in relation to the creation of a public pedestrian right of way to the riverbank between points C and D on Plan “A”.

 

3.           The provision of one dwelling to lifetime homes standards.

 

4.           The payment to East Herts Council of £16,000 index linked for the provision, monitoring and maintainence of CCTV coverage within Adams Yard and Maidenhead Yard and the submission of valid planning and other related applications as appropriate.

 

in respect of application 3/10/0432/FP, planning permission be granted subject to the following conditions:

 

1.           Three Year Time Limit (1T12)

 

2.           Boundary walls & fences (2E07)

 

3.           Materials of construction (2E11)

 

4.           Details of facilities to be provided for the storage and removal of refuse for the various businesses and uses around Maidenhead Yard, including elevation drawings and materials of construction, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  The facilities shall be provided in accordance with the approved details prior to the first occupation of the development and thereafter maintained to the satisfaction of the local planning authority.

        Reason: In the interests of the appearance of the development within the Conservation Area, the setting of the listed building Seed Warehouse and the amenity of future residents, in accordance with policies BH6, BH 12 and ENV1 of the East Herts Local Plan Second Review April 2007.

 

5.           Lighting details (2E27)

 

6.           Details of entrances for the houses and flats directly to Maidenhead Yard shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  The dwellings shall be provided in accordance with the approved details prior to the first occupation of the development and thereafter maintained to the satisfaction of the local planning authority.

 

        Reason: In the interests of the convenience or residents and perceived safety for users  ...  view the full minutes text for item 337.

338.

Update On Enforcement Statistics And Authorised Action. pdf icon PDF 27 KB

Additional documents:

Minutes:

The Director of Neighbourhood Services submitted a report updating Members on recently authorised enforcement action.

 

The Committee noted the report as now detailed.

 

RESOLVED – that the report be noted.

339.

Items for Reporting and Noting pdf icon PDF 21 KB

(A)  Appeals against refusal of Planning Permission/ non?determination.

 

(B)  Planning Appeals Lodged.

 

(C)     Planning Appeals: Inquiry and Informal Hearing Dates.

 

(D)     Planning Statistics.

Additional documents:

Minutes:

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.