Agenda and minutes

Development Management Committee - Wednesday 9th March, 2011 7.00 pm

Venue: Council Chamber, Wallfields, Hertford. View directions

Contact: Peter Mannings (01279) 502174 

Media

Items
No. Item

590.

Chairman's Announcements

Additional documents:

Minutes:

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

 

The Chairman informed Members that Councillor Duncan Peek had died yesterday afternoon whilst surrounded by friends and family.  He stated that Councillor Peek had contributed a tremendous amount to the Committee over many years and his knowledge and experience would be sadly missed.

 

He advised that he would be sending the condolences of the Committee to the family at this very difficult time. 

 

The Chairman advised that application 3/11/0079/FP would be determined after application 3/11/0050/FP.  The Chairman thanked Councillor D Andrews for standing in as a substitute Member for this meeting.

 

The Chairman advised that the meeting of the Committee due to be held on Thursday 24 March 2011 would start at 5.30 pm.

591.

Declarations of Interest

Additional documents:

Minutes:

Councillor D Andrews declared a personal and prejudicial interest in application 3/10/2047/FP in that he worked within the Sainsbury’s group.  He left the room whilst this matter was considered.

 

Councillor Andrews declared a personal and prejudicial interest in application 3/10/1295/FN in that he was a governor of Richard Hale School.  He left the room whilst this matter was considered.

 

Councillor R Gilbert declared a personal interest in application 3/10/1200/FP in that he was an acquaintance of the applicant.

 

Councillor S Rutland-Barsby declared a personal interest in application 3/11/0079/FP in that she occasionally saw the applicant outside of Council business.

 

Councillor W Ashley declared a personal and prejudicial interest in application 3/11/0079/FP in that he was a partner in William Ashley and Partners.  He left the room whilst this matter was considered and Councillor S Rutland-Barsby chaired the meeting for this item.

 

Councillor Mrs R F Cheswright declared a personal interest in application 3/10/1583 in that she used the same architect as the applicant.

592.

Minutes

To confirm the Minutes of the meeting of the Committee held on Wednesday 9 February 2011 (Previously circulated as part of the Council Minute book for 23 February 2011).

Additional documents:

Minutes:

RESOLVED - that the Minutes of the Development Control Committee meeting held on 9 February 2011 be confirmed as a correct record and signed by the Chairman.

593.

(a) 3/10/2047/FO - Variation of Condition 39 of planning permission 3/08/1528/FP to allow for alterations to the café area, interpretation centre, associated elevational changes to Hartham Lane and (b) 3/10/2048/LB - Alterations, refurbishment and repairs to listed building to accommodate ancillary elements of the proposed food store at McMullens Brewery Site, Hartham Lane, Hertford SG14 1QN for Sainsbury's Supermarkets Ltd pdf icon PDF 103 KB

Recommended for Approval.

Additional documents:

Minutes:

Mr McCormick addressed the Committee in opposition to the application.  Mr Wilson spoke for the application.

 

The Director of Neighbourhood Services recommended that, in respect of application 3/10/2047/FO, subject to the agreement of a section 106 obligation which ties the section 106 obligations of the originally approved permission (3/08/1528/FP) to the new planning permission (3/10/2047/FO), planning permission be granted subject to the conditions now detailed.

 

The Director of Neighbourhood Services also recommended that, in respect of application 3/10/2048/LB, listed building consent be granted subject to the conditions now detailed.

 

The Director referred to the late representations schedule detailing comments from Hertford Town Council, Sainsbury’s and the East Herts Council Conservation Officer.  Members were advised that the report contained all of the conditions from the previous application, subject to a number of minor alterations. 

 

The Director stated that Members were being asked to approve the application and delegate authority to the Director, in consultation with the Chairman of the Development Control Committee, to make amendments to the planning conditions as may become necessary to ensure they are clear, concise and otherwise compliant with the provisions of Circular 11/95.

 

Councillor S Rutland-Barsby expressed concerns in respect of the loss of the copper hopback and the loss of trees on the site.  She referred to negligence by the applicant in failing to secure and look after a Hertford heritage site.  She stressed the importance of ensuring there were no further problems.

 

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 section 106 obligation which ties the section 106 obligations of the originally approved permission (3/08/1528/FP) to the new planning permission (3/10/2047/FO), application 3/10/2047/FO 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 3/10/2048/LB be granted subject to the conditions now detailed.

 

RESOLVED - that (A) subject to the agreement of a section 106 obligation which ties the section 106 obligations of the originally approved permission (3/08/1528/FP) to the new planning permission (3/10/2047/FO), in respect of application 3/10/2047/FO, 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.            Prior to any above ground 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.  The building works shall be carried out in accordance with the approved samples.

 

        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  ...  view the full minutes text for item 593.

594.

3/10/1295/FN - Renewal of planning permission granted under ref. 3/05/1062/FP for the erection of new gymnasium at Richard Hale School, Hale Road, Hertford pdf icon PDF 40 KB

Recommended for Approval.

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1295/FN, planning permission be granted subject to the conditions now detailed.

 

The Committee supported the recommendation of the Director of Neighbourhood Services that application 3/10/1295/FN be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/10/1295/FN, planning permission be granted subject to the following conditions:

 

1.            Three year time limit (1T12)

 

2.            Approved plans (2E10) Insert:- 002, 003

 

3.            Levels (2E05)

 

4.            Samples of materials (2E12)

 

5.            Detailed plans, at an appropriate scale, of the proposed pedestrian access bridge and ramp cycle storage facilities, any external plant, flues or extracts, and of brickwork details to columns and plinths, shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of development. Thereafter the development shall be implemented in accordance with the approved details.

 

Reason: The plans submitted are insufficient for consideration of the details mentioned.

 

6.    Prior to the commencement of development hereby permitted, the vehicle access width onto Pegs Lane shall be 4.1m with kerb radii of 6m, and surfaced in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Any gates shall be set back a minimum of 5m from the edge of carriageway. A pram crossing shall be provided at the tangent point to each radius.

 

Reason: So that vehicles may enter and leave the site with the minimum of interference to the free flow and safety of other traffic on the highway and for the convenience and safety of pedestrians and disabled persons, in accordance with Appendix 1 (C) of the East Herts Local Plan.

 

7.    Provision and retention of parking spaces (3V23)

 

8.            Tree retention and protection (4P05)

 

9.            Hedge retention and protection (4P06)

 

10.      Landscape design proposals (4P12) (b, e, f, g, h, i, j, k, l)

 

11.      Landscape works implementation (4P13)

 

12.      Prior to the first use of the development hereby permitted, details of the arrangements for the building’s shared use by the community including public access at weekends and evenings, shall be submitted and approved in writing by the local planning authority.  The use of the building shall thereafter continue in accordance with the approved scheme unless as otherwise may be varied and approved in writing by the local planning authority.

 

Reason: To ensure the provision of the building responds to the opportunity to provide for shared community use and in accordance with Policy LRC2 of the adopted East Herts Local Plan 2007.

 

Directives:

 

1.            Other Legislation (01OL)

 

2.            You are advised that if during construction or excavation, any contaminated material is revealed then the movement of such materials should be in consultation with the regularity authority.

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan 2008, Minerals Local Plan, Waste Local Plan and the 'saved' policies of the East Herts Local Plan Second Review April 2007), and  ...  view the full minutes text for item 594.

595.

3/10/1200/FP - New function barn to provide entertainment space for weddings, charity fundraising events in association with Tewin Bury Farm Hotel at Tewin Bury Farm hotel, Hertford Road Tewin, AL6 0JB for Mr V Williams pdf icon PDF 59 KB

Recommended for Refusal.

Additional documents:

Minutes:

Mr Saint Pier and Mr Williams addressed the Committee in support of the application.

 

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1200/FP, planning permission be refused for the reasons now detailed.

 

The Director read out a written submission on behalf of Councillor L O Haysey, as the local ward Member.  Councillor Haysey had stated that the application had been deferred pending the outcome of an appeal decision, to avoid the possibility of costs being awarded if the application had been approved whilst there was an outstanding appeal decision. 

 

She had stated her continued support for this application and urged Members to recall their extensive and constructive comments at the November meeting of this Committee and subsequently approve the application.

 

Councillor R Gilbert expressed his disappointment that Officers had not been able to support this scheme.  He had visited the site and had not been able to see the marquees from the approach road over the River Mimram.

 

He stressed that the marquees were obscured by a number of large buildings on the site, some of which were listed.  Councillor Gilbert stated that the proposed function barn would be smaller than the marquees currently in place on the site.

 

He commented that there was a large high hedge around the car park which served to screen the site from view.  He referred to the significant amount of space required on the site for the manoeuvring of large vehicles and farm machinery.

 

Councillor Gilbert referred to the work of the applicant in preserving significant parts of the River Mimram valley, even though he was under no obligation to do so.  He stated that The Herts and Middlesex Wildlife Trust had no specific objections to the application.

 

Councillor Gilbert stressed that he was not prepared to reject an application when the loss of the marquees without a suitable replacement would result in the loss of approximately 20 jobs.

 

The Director commented that the key issue was the green belt location.  He stressed that the national and local planning policy was very firm in stating that there should be no development in the green belt unless very special circumstances could be demonstrated for going against policy.

 

The Director referred to the inspector’s appeal decision in upholding the enforcement notice in respect of the marquees.  He stressed that Officers felt that this business would not be at risk of failure if this application was refused.  Officers’ views were weighted in favour of adhering to the clear provisions of green belt policy.

 

The Director referred to the issue of deferring the application to address issues of wildlife interests along the River Mimram.  The appeal inspector had stated that the issues of wildlife and habitat protection should be given no weight by Members and Officers felt that any section 106 planning obligations would be subject to challenge on that basis.  Members were also advised that the inspector had stated that the site had reached its limit in terms of capacity for  ...  view the full minutes text for item 595.

595a

3/10/1583/OP - The erection of a public house and two dwellings at The Former Cock Public House, Stocking Pelham for Mr D Lyle Smith pdf icon PDF 60 KB

Recommended for Refusal.

Additional documents:

Minutes:

Mr Barker and Mr Nicholls addressed the Committee in support of the application.

 

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1583/OP, planning permission be refused for the reasons now detailed.

 

Councillor M J Tindale, as the local ward Member, stressed how essential it was for a pub to be secured for Stocking Pelham.  He referred to the Officers’ view that a single dwelling was sufficient as enabling development for a pub in this location.  He questioned the advice given to the applicant that it was not acceptable to submit a business plan to Officers that featured revenue costs.

 

CouncillorTindale stressed that the applicant should be free to submit a business plan that satisfied Officers.  He commented that if a single dwelling was viable for the applicant, an application would have been submitted on that basis.  He also stated that approving the application would give the pub the very best chance of success.

 

He urged the Committee to approve the application as although the pub may not succeed with two houses as enabling development, giving the pub the very best chance of success was a risk worth taking to secure a pub for Stocking Pelham.

 

The Director advised that the judgment for Officers was to consider how much other development was acceptable to facilitate the raising of the necessary capital to build a new pub in this location.  He stressed that approving an application for development to enable an applicant to offset previous losses was an approach that Officers had not been able to support.

 

The Director accepted the local desire for the pub.  He stressed however that Officers felt that approving an application for a pub that may very likely struggle to survive was not a responsible approach that Officers felt able to support.

 

Councillor R Gilbert referred to the key issue as being an economic consideration rather than a genuine planning issue.  He stressed that the key issue was the economic case for the pub’s viability.  He stated that most pubs needed a good food offer in order to survive, even though there was significant support locally.

 

Councillor S A Bull stated that a pub in this location would be a key hub for Stocking Pelham.  He urged the Committee to overturn the recommendation and approve the application then delegate the conditions to Officers.  He stressed the continued loss of the pub would kill the community of Stocking Pelham.

 

CouncillorMrs M H Goldspink supported the views of Councillor Bull, and expressed concerns in relation to what would happen on the site if this application was refused.  She stressed this pub was a very important community facility which should be supported.

 

The Director stressed that although the principle of what Members were advocating was straight forward, in practice, Officers may not be able to resolve all of the outstanding issues without bringing a report back to Members for a decision.

 

Councillor S A Bull proposed and Mrs M H Goldspink seconded, a  ...  view the full minutes text for item 595a

596.

3/10/2154/FP - Change of use of land and extension and alterations to existing building to provide 30 no. kennels, new isolation block and parking at Birch Farm Kennels, White Stubbs Lane, EN10 7QA for Mr M Ferraro pdf icon PDF 65 KB

Recommended for Refusal.

Additional documents:

Minutes:

Mr Padalino addressed the Committee in support of the application.

 

The Director of Neighbourhood Services recommended that, in respect of application 3/10/2154/FP, planning permission be refused for the reasons now detailed.

 

Councillor J J Taylor stated that she failed to see how this application would harm neighbour amenity and queried why dog kennels could not be supported as a form of countryside development.

 

Councillor J J Taylor commented that this application was not a change of use and was perfectly suited to the site.  She reminded Members that there had been no objections from any of the statutory consultees.  The only objection had been from the immediate neighbouring site that had recently been the subject of an application for residential development in the green belt.

 

Councillor J J Taylor stressed that noise, smell and insufficient parking were not, in her opinion, significant issues for concern.  She stated this was an appropriate and sustainable countryside development that was perfectly suited to this site.

 

Councillor J J Taylor stated that Officers had considered the scheme to be generally acceptable in relation to the rural character of the area, with minimal encroachment into the countryside.  Councillor R N Copping commented that traffic was not an issue as significantly more vehicle movements were caused by the zoo opposite this site. 

 

Councillor J Demonti stated that this was a material change of use and kennels tended to be located away from houses, whereas this scheme was only 25 metres from existing residential development and 5 metres from a proposed new dwelling.

 

Councillor Demonti commented that this application was contrary to policies GBC9, TR7, ENV24 and PPG2, which stated that special circumstances must be demonstrated before development was approved in the green belt.  She stated that no such special circumstances had been demonstrated in this case.

 

The Director advised that hunt kennels and boarding kennels were what Officers referred to as Sui Generis in that these uses do not fit into any of the established use classes.  As such, and bearing in mind the material differences between the two uses, this application did constitute a material change of use.

 

The Committee was advised that kennels can be located in rural areas and in many cases they had to be.  The Director stressed that Officers felt this was inappropriate development in the green belt, particularly as the application involved substantial alterations to the building and not just the re-use of a redundant agricultural building.

 

The Director stated that noise was an issue for concern, particularly for the outdoor areas which were impossible to sound proof.  Officers were also concerned that insufficient information had been submitted in relation to traffic generation.

 

Councillor J J Taylor proposed and Councillor R N Copping seconded, a motion that application 3/10/2154/FP be granted on the grounds that this scheme was an appropriate and acceptable countryside usage in the green belt.

 

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

 

After being put to the meeting  ...  view the full minutes text for item 596.

597.

a) 3/10/2229/FP and b) 3/10/2230/LB - Single storey rear flat roofed extension to administration block at Wareside Primary School, Wareside, Ware, SG12 7QR for Mrs Elaine Batten pdf icon PDF 47 KB

Recommended for Approval.

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of applications 3/10/2229/FP and 3/10/2230/LB, planning permission and listed building consent be granted subject to the conditions now detailed.

 

The Committee supported the recommendations of the Director of Neighbourhood Services that applications 3/10/2229/FP and 3/10/2230/LB be granted subject to the conditions now detailed.

 

RESOLVED – that (A) in respect of application 3/10/2229/FP, planning permission be approved subject to the following conditions:

 

1.            Three year time limit (1T12)

 

2.            Sample of materials (2E12)

 

3.            Approved plans (2E102) (3251001, 3251002, 3251003, 3251004).

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, 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, LRC1, TR7 and Planning Policy Statement 5: Planning for the Historic Environment.  The balance of the considerations having regard to those policies is that permission should be granted.

 

(B)   in respect of application 3/10/2230/LB, listed building consent be approved subject to the following conditions:

 

1.  Listed building three year time limit (1T14)

 

2.  Samples of materials (2E12)

 

3.  Listed building (making good) (8L10).

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and East Herts Local Plan Second Review April 2007), and in particular Planning Policy Statement 5: Planning for the Historic Environment.  The balance of the considerations having regard to that policy is that permission should be granted.

598.

3/11/0017/FP - Extensions to existing sales building with repositioned disabled parking bay, new compound area and new plant area at Howe Green Service Station, Baldock Road, Buntingford, SG9 9EG for BP Oil UK Ltd pdf icon PDF 41 KB

Recommended for Approval.

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/11/0017/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 3/11/0017/FP be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/11/0017/FP, planning permission be granted subject to the following conditions:

 

1.            3 Year time limit (1T12)

 

2.            Approved plans (2E10) Plan refs: 12931-20, 12931-21A, 1

 

3.            Tree retention and protection (4P05)

 

4.            Contaminated land survey and remediation (2E33)

        insert ‘including a verification report’

 

5.            Prior to the commencement of the development hereby approved, a scheme for the disposal of foul and surface water shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall thereafter be implemented prior to the first use of the development.

 

        Reason:  To prevent the pollution of the water environment and safeguard the residential amenities of nearby properties in accordance with policies ENV1 and ENV20 of the East Herts Local Plan Second Review April 2007.

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and East Herts Local Plan Second Review April 2007), and in particular policies SD2, GBC2, GBC3, TR7, TR23, ENV1, ENV2, ENV4 and ENV26. The balance of the considerations having regard to those policies and the permission granted under LPA Ref 3/09/0688/FP is that permission should be granted.

599.

3/11/0104/FN - Replacement of flat roof with pitched roof, renewal of LPA reference 3/08/0565/FP at 18 Chantry Road, Bishop's Stortford, CM23 2SF for Mr A Brown pdf icon PDF 25 KB

Recommended for Approval.

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/11/0104/FN, planning permission be granted subject to the conditions now detailed.

 

The Committee supported the recommendation of the Director of Neighbourhood Services that application 3/11/0104/FN be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/11/0104/FN, planning permission be granted subject to the following conditions:

 

1.    Three year time limit (1T121)

 

2.    Matching materials (2E13)

 

Directive:

 

1.    Other legislation (010L1).

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and East Herts Local Plan Second Review April 2007), and in particular saved policies ENV1, ENV5 and ENV6.  The balance of the considerations having regard to those policies and LPA reference 3/08/0565/FP is that permission should be granted.

600.

3/10/2177/FP - Construction of a basement below the existing dwelling at Scholars Hill House, Scholars Hill, Helham Green, Wareside, Ware, SG12 7RE for Mr Murrell pdf icon PDF 36 KB

Recommended for Approval.

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/2177/FP, planning permission be granted subject to the conditions now detailed.

 

The Director referred Members to the additional representations schedule for a revised version of the second condition as follows:

 

‘Prior to the commencement of the development hereby permitted, details of the proposed means of disposal of the excavated spoil from the development shall be submitted to and approved in writing by the local planning authority.  Thereafter, the soil disposal shall be carried out in accordance with those approved details unless otherwise agreed in writing.

 

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

 

The Committee supported the recommendation of the Director of Neighbourhood Services that application 3/10/2177/FP be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/10/2177/FP, planning permission be granted subject to the following conditions:

 

1.    Three Year Time Limit (1T121)

 

2.    Prior to the commencement of the development hereby permitted, details of the proposed means of disposal of the excavated spoil from the development shall be submitted to and approved in writing by the local planning authority.  Thereafter, the soil disposal shall be carried out in accordance with those approved details unless otherwise agreed in writing.

 

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

3.    Approved plans (2E10) – 10-1862-000; 10-1862; 6215se-01.

 

Directive:

 

1.    Other legislation (01OL1).

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, 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, ENV1, ENV5 and ENV6.  The balance of the considerations having regard to those policies and the limited harm to the character and appearance or openness of this rural site from the development, is that permission should be granted.

601.

3/10/2244/FP - Two storey side and single storey rear extensions at 27 Church Road, Little Berkhamstead, Hertfordshire for Mr Robert Beech pdf icon PDF 36 KB

Recommended for Approval.

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/10/2244/FP, planning permission be granted subject to the conditions now detailed.

 

The Committee supported the recommendation of the Director of Neighbourhood Services that application 3/10/2244/FP be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/10/2244/FP, planning permission be granted subject to the following conditions:

 

1.    Three Year Time Limit (IT12)

 

2.    Approved Plans (2E10)1601-01a, 1601-02a, 1601-03c, 1601-04c,1601-05a, 1601-06c, 1601-07b.

 

3.    Matching Materials (2E13)

 

Directive:

 

1.           Other Legislation (01OL)

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, 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 and ENV6. The balance of the considerations having regard to those policies is that permission should be granted.

602.

3/11/0050/FP - Raise roof and insert 4no dormers to create first floor accommodation, new front bay window and canopy, conversion of garage to habitable room at Elm Side, Horseshoe Lane, Great Hormead, Buntingford, Herts, SG9 0NQ for Mr David White pdf icon PDF 36 KB

Recommended for Approval.

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/11/0050/FP, planning permission be granted subject to the conditions now detailed.

 

The Committee supported the recommendation of the Director of Neighbourhood Services that application 3/11/0050/FP be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/11/0050/FP, planning permission be granted subject to the following conditions:

 

1.           Three year time limit (1T12)

 

2.           Sample of materials (2E12)

 

3.           Approved plans (2E10) (Location Plan, D100502/1, D100502/2B, D100502/3A).

 

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, ENV5, ENV6 and TR7.  The balance of the considerations having regard to those policies and the planning permission granted under LPA reference 3/10/0985/FP is that permission should be granted.

603.

3/11/0079/FP - Conversion and extensions and alterations to existing sheds to provide 6 live work units at Monks Green Farm, Monks Green Lane, Brickendon for William Ashley and Partners pdf icon PDF 46 KB

Recommended for Approval.

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of application 3/11/0079/FP, planning permission be granted subject to the conditions now detailed.

 

In response to a query from Councillor R Gilbert in respect of extant planning permission for application 3/08/1739/FP, the Director confirmed that this application remained extant and it would be a matter for the applicant to decide which planning application to implement.

 

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services that application 3/11/0079/FP be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/11/0079/FP, planning permission be granted subject to the following conditions:

 

1.            Three year time limit (1T12)

 

2.            Boundary walls and fences (2E07)

 

3.            Materials of construction (2E11)

 

4.            Refuse disposal facilities (2E24)

 

5.            Lighting details (2E27)

 

6.            Contaminated land survey and remediation (2E33)

 

7.            New doors and windows (2E34)

 

8.            Prior to the first occupation of the development hereby approved, the parking areas shown on the approved plans shall be provided and retained at all times thereafter.

 

Reason: To ensure a high quality site layout and adequate off street parking provision for the development in the interests of highway safety, in accordance with Policy ENV1 and TR7 of the East Herts Local Plan Second Review April 2007.

 

9.            Landscape design proposals (4P12) parts d, e, i, j, k and l

 

10.      Landscape works implementation (4P13)

 

11.      Live/work units (5U14)

 

12.      No external storage (5U07)

 

13.      No external working (6N06)

 

14.      Approved plans (2E10) – 11/MGF/SC/01A, 11/MGF/SC/02A, 11/MGF/SC/03A.

 

Directive:

 

1.     Other Legislation (01OL)

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and East Herts Local Plan Second Review April 2007), and in particular policies GBC1, GBC9, GBC10, TR7, EDE7, ENV1, BH1, BH2 and BH3.  The balance of the considerations having regard to those policies and PPG2 is that permission should be granted.

604.

E/10/0095/A - Unauthorised change of use of land and unauthorised erection of tree house and walkway at 1 Henderson Place, Epping Green, Hertford, Herts, SG13 8GA pdf icon PDF 31 KB

Enforcement.

Additional documents:

Minutes:

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/10/0095/A, enforcement action be authorised on the basis now detailed.

 

In response to queries from Councillors R N Copping and R Gilbert, the Director confirmed that Officers could stipulate that the trees that had been lost as a direct result of the unauthorised works must be replaced.

 

The Committee supported the Director’s recommendation for enforcement action to be authorised in respect of the sites relating to E/11/0095/A on the basis now detailed.

 

RESOLVED – that in respect of E/10/0275/B, the Director of Neighbourhood Services, in conjunction with the Director of Internal Services, be authorised to take enforcement action under s.172 of the Town and Country Planning Act 1990 and any such further steps as may be required to cease the unauthorised use of the land and to secure the removal of the tree house and walkway.

 

Period for compliance:  3 months

 

Reason why it is expedient to issue an enforcement notice:

 

1.            The unauthorised change of use of the land from woodland to garden land represents an incursion into the countryside which has an adverse effect on the character and appearance of the local landscape, and the potential to adversely affect wildlife within the woodland. It is therefore contrary to polices ENV1, ENV2, ENV7, ENV16 and ENV17 of the East Herts Local Plan Second Review April 2007 and national policy contained in PPS1 and PPS9.

605.

Update on Enforcement Statistics and Authorised Action pdf icon PDF 30 KB

Additional documents:

Minutes:

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

 

In response to comments from Councillor M R Alexander on the Esbies Estate making up a majority of outstanding Enforcement Cases, the Committee requested that Officers report back following the outcome of the forthcoming public enquiry for this site.

 

The Director stated that Officers hoped to be in a position to report back in July or August 2011.

 

The Committee noted the report as now detailed.

 

RESOLVED – that the report be noted.

606.

Validation of Planning Applications - 'Local List' Consultation pdf icon PDF 55 KB

Additional documents:

Minutes:

The Head of Planning and Building Control submitted a report inviting the Committee to approve a revised ‘local list’ of validation requirements for planning applications.

 

The Committee received the report.

 

RESOLVED – that (A) the proposed amendments to the ‘local list’ of validation requirements be endorsed; and

 

(B)   the adoption of the revised list for Development Control purposes from 1st April 2011 be approved.

607.

Items for Reporting and Noting pdf icon PDF 23 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 (To Follow).

Additional documents:

Minutes:

RESOLVED – that the following reports be noted:

 

(A)   Appeals against refusal of
planning permission / non determination;

 

(B)       Planning Appeals lodged; and

 

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