Agenda and minutes

To receive apologies for absence.

Apologies for absence were submitted on behalf of Councillors M Alexander, G Jones and B Wrangles.  It was noted that Councillors D Andrews, E Bedford and T Page were substituting for Councillors M Alexander, B Wrangles and G Jones respectively.

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

The Chairman thanked the Director of Neighbourhood Services for the Members’ Code of Conduct Training that had been held prior to this meeting of the Committee.

The Chairman advised that application 3/11/1470/FP – Extension of existing horticultural nursery site, including provision of 2 no. blocks of polytunnels, growing areas, rainwater lagoon, new vehicular access and internal track for Joseph Rochford Gardens Ltd had been withdrawn from the agenda.

The Chairman advised the Committee that Building Control Officers would give a half an hour to 45 minute presentation in the Council Chamber prior to the Committee meeting on 7 December 2011.

The Chairman reminded the Committee of the Development Control open morning due to be held on 2 December 2011, where Members would have the opportunity to meet with Officers to improve their understanding of the application process.

The Chairman requested that Members inform him or the Head of Planning and Building Control of any additional items they would like covered in the Member Training due to be held prior to the Committee meeting on 4 January 2012.

Councillor T Page declared a personal and prejudicial interest in application 3/11/1421/FP in that he lived within earshot of the activities that would be in place on the site should this application be approved.  He addressed the Committee as a local ward Member and then left the room during consideration of this matter.

Councillor S Bull declared a personal interest in application 3/11/1280/OP in that he was an acquaintance of the applicant and owner of the adjacent Tyre and Exhaust Business.

To confirm the Minutes of the meeting of the Committee held
on Wednesday 12 October 2011.

To confirm the Minutes of the meeting of the Committee held
on Wednesday 26 October 2011.

RESOLVED – that the Minutes of the meetings held on 12 and 26 October 2011 be confirmed as correct records and signed by the Chairman.

Recommended for Approval.

The Director of Neighbourhood Services recommended that, subject to the applicant or successor in title signing a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of application 3/11/1225/FP, planning permission be granted subject to the conditions now detailed.

The Chairman advised that the local ward Member was in support of this application.

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 3/11/1225/FP be granted subject to the conditions now detailed.

RESOLVED – that, subject to the applicant or successor in title signing a legal agreement pursuant to S106 of the Town and Country Planning Act 1990 in respect of application 3/11/1225/FP, planning permission be granted, subject to the conditions detailed in the report now submitted.

Recommended for Refusal.

Mr Dan Collins addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1492/FP, planning permission be refused for the reasons now detailed.

The Director advised that the Landscape Officer was not supportive of the application in respect of the impact on trees on the site.  Members were advised that County Highways were now satisfied that with the provision of further details in respect of access arrangements, an acceptable outcome could be achieved.

As such, Members were advised that, if they were minded to refuse the application, the third reason for refusal was no longer required.

Councillor J Taylor stated that the site was in the Green Belt and she was minded to vote against this application.  She commented that the fourth reason for refusal contained the issues that were particularly relevant in support of her concerns.

After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Director of Neighbourhood Services that application 3/11/1492/FP be refused planning permission for the reasons now detailed.

RESOLVED – that in respect of application 3/11/1492/FP, planning permission be refused for the first, second and fourth reasons detailed in the report now submitted.

Variation of a S106 Unilateral Undertaking.

Hertford Town Councillor Matthew McCormick addressed the Committee in opposition to the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/0236/SV, a variation of the Section 106 unilateral undertaking (reference 3/11/0236/SV) dated 21January 2008 pursuant to planning permission 3/07/1546/FO to omit Clause 5.1 removing the requirement to provide a Car Club, be grantedsubject to the new clauses detailed in the report now submitted.

The Director advised that Officers were able to support this application to vary the legal agreement so that the requirement for the provision of a car club was removed.  Members were advised that the car club provision would be replaced by a requirement to provide two additional parking spaces for the residents of Spencer Street.

Members were referred to the additional representations schedule in respect of the payment of £5,556 to Hertfordshire County Council.  The Director advised that the Officers’ recommendation no longer needed to include the provision of a financial contribution towards the provision of a car club in Mead Lane.

Councillor S Rutland-Barsby expressed every sympathy with the concerns of Councillor McCormick.  She referred to the problems resulting from the actions of the appeal inspector and also the fact that Spencer Street was not an adopted road.  She also commented that it did not seem proper that every resident had to agree before parking restrictions could be put in place.

Councillor M Newman stated that refusing this application would not solve the parking problems on Spencer Street.  He commented on whether it would be possible to place on obligation on the developer to implement a private parking scheme solely for the residents of Spencer Street.

The Director advised that, as with any obligation, Officers would have to ensure this was reasonable and could reasonably be associated with a development.  Officers explained that no evidence had been put forward that the parking problems on Spencer Street were as a result of the Elder Court development and would not have occurred in any event.

The Director stressed that it would be reasonable to assume there was considerable parking pressure in this area due to the proximity of nearby employment and Hertford East train station.

Members were advised that it would be unreasonable to impose an obligation on a developer without the clear evidence of a link between the Elder Court development and parking problems in Spencer Street.  Members were reminded that any agreement would have to have the unanimous agreement of all the residents and associated landowners and owners of property.

After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Director of Neighbourhood Services that in respect of application 3/11/0236/SV, a variation of the Section 106 unilateral undertaking (reference 3/11/0236/SV) dated 21January 2008 pursuant to planning permission 3/07/1546/FO to omit Clause 5.1 removing the requirement to provide a Car Club, be grantedsubject to the  ...  view the full minutes text for item 409.

Recommended for Approval.

The Director of Neighbourhood Services recommended that, subject to the applicant entering into a deed of variation in respect of the Section 106 legal obligation entered into for the planning permission granted for 17 dwellings under LPA reference 3/09/1370/FP to cover the matters now detailed, in respect of application 3/11/0370/FP, planning permission be granted subject to the conditions now detailed.

Councillor Mrs R Cheswright expressed her disappointment that, once again, there was an application to separate plots of land for two large 5 bedroom houses on this site when Braughing needed smaller 2 to 3 bedroom houses.

The Director advised that this was not another application for this site but one that Officers had brought back to Committee following legal advice in relation to the application of conditions via a legal agreement.  The application was being reported back to Members as a procedural matter to enable Officers to issue the decision notice.

The Committee accepted the recommendation of the Director of Neighbourhood Services that, subject to the applicant entering into a deed of variation in respect of the Section 106 legal obligation entered into for the planning permission granted for 17 dwellings under LPA reference 3/09/1370/FP to cover the matters now detailed, application 3/11/0370/FP be granted subject to the conditions now detailed.

RESOLVED – that, subject to the applicant entering into a deed of variation in respect of the Section 106 legal obligation entered into for the planning permission granted for 17 dwellings under LPA reference 3/09/1370/FP to cover the matters now detailed, in respect of application 3/11/0370/FP, planning permission be granted, subject to the conditions detailed in the report now submitted.

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of applications 3/11/1174/FP and 3/11/1159/LB, planning permission and listed building consent 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 recommendations of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of applications 3/11/1174/FP and 3/11/1159/LB, planning permission and listed building consent be granted subject to the conditions detailed in the report now submitted.

Recommended for Refusal.

Mr Roff addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1280/OP, outline planning permission be refused for the reasons now detailed.

Councillor S Basra addressed the Committee in support of the application as the local ward Member.  He commented that the application would create 3 dwellings in what was a nice cul-de-sac.  Councillor Basra stated that there were no problems with access from Baldock Road and urged Members to approve the application.

Councillor S Bull echoed the points raised by Councillor Basra, in particular, the point about the acceptable access from Baldock Road.  He stated that the Environment Agency, Hertfordshire Highways and Buntingford Town Council had raised no objections.  Councillor Bull also urged the Committee to support this application.

Councillor M Newman commented that the principal concern for Officers appeared to be the cramped nature of the proposed development.  He stressed that when compared to a site in Hunsdon and other applications that had been approved, the proposed development was very well spaced out by comparison.

The Director reminded Members that they should make their judgement in relation to the Local Plan policies that were relevant to this application.  Members were reminded that this was an outline application and full details in respect of the layout of the site were not known at this stage.  He commented that Members would only be approving this application in principle if they wanted to support it at this stage.

The Director advised that Members should bear in mind that policies in the East Herts Local Plan Second Review April 2007 were not supportive of applications that were beyond the outer boundary of a town in the rural area of the District.

The Committee was advised not to place significant weight on the issue of this outline application providing a contribution to the housing supply in the District.  The Director stressed that even if a full application was submitted for 4 to 5 houses, this was not considered to be significant in land supply terms.

The Director advised that Members should consider the potential impact of the adjoining uses on the proposed development. 

Councillor Mrs R Cheswright commented that the site was very well screened and would not be unduly cramped in nature.  She stated that 3 houses would sit very well in this location. 

The Chairman reminded Members that this was only an outline application and the full application could be for more than 3 houses.  Members were reminded that approving this scheme was only to establish the principle of development.

In response to a query from Councillor J Demonti as to whether the Committee could attach a condition to this application restricting the site to 3 dwellings, the Director stressed that such a condition may not be able to achieve the objective sought as separate new full applications could be submitted.

Councillor S Bull proposed and Councillor M Newman seconded, a motion that outline application 3/11/1280/OP  ...  view the full minutes text for item 412.

Recommended for Refusal.

Mr Nick Gray addressed the Committee in opposition to the application.  Mr Peter Newson spoke for the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1448/FP, planning permission be refused for the reasons now detailed.

The Director referred Members to the additional representations schedule.  Members were advised that in terms of the proposed condition requested by the applicant, Officers did not consider that this would meet the appropriate tests.  Officers were also concerned that the issue of land ownership and control of the hedge which required trimming remained unclear.  There were also concerns that there was no clear prospect that the works could be achieved, and therefore, a condition to require this was not considered to be appropriate.

The Committee Chairman stated that Councillor A Jackson, as the local ward Member, fully endorsed the position of Aston Parish Council and had urged the Committee to consider the wider benefits of approving this application.  Councillor Jackson had commented that the application should only be approved if all aspects of the application met with the approval of Hertfordshire Highways.

Councillor Jackson was of the view that this application provided an ideal opportunity for Aston to make a contribution towards housing supply in East Herts.  The Committee Chairman referred Members to paragraph 7.7 of the report now submitted.  He stated that the application site was in the green belt where the starting point for affordable housing was 100% as opposed to the 40% provided by this application.

After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Director of Neighbourhood Services that application 3/11/1448/FP be refused planning permission for the reasons now detailed.

RESOLVED – that in respect of application 3/11/1448/FP, planning permission be refused for the reasons detailed in the report now submitted.

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1421/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor T Page addressed the Committee in opposition to the application, as he had concerns in relation to neighbour notification, parking and noise concerns relating to the use of the site.  Councillor Page was concerned that only 2 notifications had been sent to Dane Park addresses and none to Dane Acres.

Councillor Page expressed concerns that residents experienced problems with car parking in Dane Park and Dane Acres and referred to a recent rugby club function on 5 November 2011, when emergency vehicles would have been unable to access Dane Acres due to inconsiderate parking.

Councillor Page commented that the principle of development in this location was flawed and was inconsistent with the policies of the East Herts Local Plan Second Review April 2007, in particular policy ENV24.  He expressed concerns in relation to the impact on neighbour amenity as well as the visual impact of the proposed marquee in what was an open area.

Councillor Page also referred to concerns from Environmental Health in relation to noise management when events were being held inside the proposed marquee.  He commented that the marquee would be out of keeping in relation to existing sensitive buildings in the vicinity of the site.

Councillor Page referred to other uses of the site adding to the pressure on the sports amenity offer at the Rugby Club and stressed that this was contrary to policy LRC1 of the East Local Plan Second Review April 2007.  He expressed concerns that parking arrangements were also contrary to policy TR7.

Councillor Page left the room after addressing the Committee due to a personal and prejudicial interest (Minute 405 refers).

Councillor D Andrews sought and was given clarification that there would be no permanent foundations underneath the proposed marquee.  Councillors J Demonti and A Burlton echoed all of the concerns raised by Councillor Page.

The Director acknowledged Members’ concerns that it was difficult to control the emission of noise from a marquee.  Members were advised that a condition had been included stating that prior to the first use of the marquee, a noise management plan would have to be submitted to and approved in writing by the Local Planning Authority.

The Director acknowledged the parking concerns but stated that any additional parking would occur in the evening at weekends at times separate to rugby matches.  Members were advised that Officers considered that a trial period of operation under circular 11/95 was a position that could be supported hence the recommendation for approval.

In response to a query from Councillor D Andrews, the Director stated that the conditions could be firmed up to state that any planning permission would be for a limited period only, expiring on 10 November 2012 and the marquee would be in place from 1 March to 31 August 2012.

The Director  ...  view the full minutes text for item 414.

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1592/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 3/11/1592/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 3/11/1516/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 3/11/1516/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 3/11/1380/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 3/11/1380/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 3/11/1360/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 3/11/1360/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 3/11/1430/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 3/11/1430/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 3/11/1546/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 3/11/1546/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 sites relating to P11/0015/A, enforcement action be authorised on the basis now detailed.

Councillor D Andrews praised the work of the Enforcement Team in tackling the problem of illegal signage across the District.  Councillor Andrews stated that he was particularly frustrated by the signage that was attached to Highway furniture.  He referred to such activity as an offence under the Highways Act 1980.

In response to a query from Councillor T Page on time limits for this enforcement action, the Director stressed that a poster patrol took place 3 to 4 times a year and enforcement action as proposed in the report now submitted, was a fairly low priority when compared to the usual breaches of planning control.

The Director commented that Officers had written to the appellant stating that such posters must be taken down and should not be erected in future but there had been reoccurrences.  Members were advised this aspect of enforcement work was very difficult in that posters taken down by Officers on a Wednesday had been replaced by the appellant in the form of a huge banner in Bishop’s Stortford the following Sunday.

After being put to the meeting and a vote taken, the Committee accepted the Director’s recommendation for enforcement action to be authorised in respect of the sites relating to P/11/0015/A on the basis now detailed.

RESOLVED – that in respect of P/11/0015/A, the Director of Neighbourhood Services, in conjunction with the Director of Internal Services, be authorised to take enforcement action on the basis now detailed.

Enforcement.

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/11/0234/B, no further action be authorised in respect of the land at Stocking Hill, Cottered.

After being put to the meeting and a vote taken, the Committee accepted the Director’s recommendation that no further action be authorised in respect of E/11/0234/B in respect of land at Stocking Hill, Cottered.

RESOLVED – that in respect of E/11/0234/B, no further action be authorised in respect of the land at Stocking Hill, Cottered.

Enforcement.

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/11/0174/A, enforcement action be authorised on the basis now detailed.

Councillor S Bull commented on whether the appellant had been given a reasonable opportunity to rectify this breach of planning control.  The Director confirmed that there had been no response from the appellant to written correspondence from Officers.

Councillor S Bull proposed and Councillor Mrs R Cheswright seconded, a motion that Enforcement Action be authorised in respect of E/11/0174/A in respect of unauthorised development at The Brambles, 117 High Street, Buntingford.

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

The Committee accepted the Director’s recommendation for enforcement action to be authorised in respect of the site relating to E/11/0174/A on the basis now detailed.

RESOLVED – that in respect of E/11/0174/A, the Director of Neighbourhood Services, in conjunction with the Director of Internal Services, be authorised to take enforcement action on the basis now detailed.

The Director of Neighbourhood Services submitted a report recommending that a Tree Preservation Order (TPO) be confirmed as an opposed order to protect trees at 103 New Road, Ware.

After being put to the meeting and a vote taken, the Committee supported the Director’s recommendation that Tree Preservation Order (No 7), Ref P/TPO 563 2011 be confirmed as an opposed Order.

RESOLVED – that (A) Tree Preservation Order (No 7), Ref P/TPO 563 2011 be confirmed as an opposed Order; and

(B)   the Director of Neighbourhood Services be authorised to bring the order into operation.

(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.