Agenda and minutes

To receive apologies for absence.

An apology for absence was submitted on behalf of Councillor A Burlton.  It was noted that Councillor N Symonds was in attendance as substitute for Councillor A Burlton.

The Chairman welcomed the press and public to the meeting and those who were watching the live webcast.  Members were reminded the next meeting of the Committee would be held on 22 May 2013 due to the forthcoming elections and there would be a training session prior to that meeting.

The Chairman stated that Jill Demonti had stood down from the Authority and had previously served for many years as a very effective Member of Development Control Committee.  The Chairman expressed her best wishes to her on behalf of the Development Control Committee.

The Chairman stated that this was her last meeting as Chairman of the Committee and she thanked the dedicated team of Officers and facilities staff for their hard work over the past year.  Councillor M Alexander, on behalf of the Executive, thanked Councillor S Rutland-Barsby for chairing the Development Control Committee during the 2012/13 civic year.

The Chairman advised that the Committee would consider applications 3/12/2150/FP, 3/12/2151/AD, 3/12/2152/FP and 3/I2/2153/FP, in relation to the Archers, Havers Lane, Bishop’s Stortford, before all the other applications on the Agenda.  The Chairman stated that, as there were four separate applications, there was a public speaking allowance of 12 minutes for and against these applications. 

The Chairman stated that she proposed to hear all the public speaking first and then take each application individually for debate and determination.  She stressed that the Committee had a difficult job and Members understood the public’s concerns.

The public present were requested to not interrupt or pass comment during the time for the speakers or the Committee debate as this was most distracting for Members.  The Chairman stated that all of the decisions taken by the Committee had to be made within planning law.

To confirm the Minutes of the meeting of the Committee held on Wednesday 27 February 2013 (Previously circulated as part of the Council Minute book for 6 March 2013).

RESOLVED – that the Minutes of the meeting held on 27 February 2013 be confirmed as a correct record and signed by the Chairman.

(A)      3/12/2150/FP – Recommended for Approval.

(B)      3/12/2151/AD – Recommended for Approval.

(C)     3/12/2152/FP – Recommended for Approval.

(D)     3/12/2153/FP – Recommended for Approval.

George Cutting addressed the Committee against the applications.  Carole Leslie and Joanne Rams spoke for the application.

The Director of Neighbourhood Services recommended that, in respect of applications 3/12/2150/FP, 3/12/2151/AD, 3/12/2152/FP and 3/12/2153/FP, planning permission and advertisement consent be granted subject to the conditions detailed in the report now submitted.

Councillor P Gray, as a local ward Member, stated that the strength of feeling against these applications was clear, given the large petition and numerous letters of objection that had been received.

Councillor Gray expressed concerns in respect of loss of privacy, increased traffic volumes due to the cash machine and deliveries to the site.  He stated that approval of this application would result in the closure of other shops, particularly the NISA Local Store, which contained a vital community asset in the form of a post office.  He urged the Committee to be brave and reject all four of the planning applications at The Archers.

The Chairman read out a number of comments from Councillor C Woodward, who was the County Council Member for the area.  Councillor Woodward had commented that the applications were contrary to policy ENV1 (d) of the East Herts Local Plan Second Review April 2007 in terms of noise and overlooking.

He had also stated that the applications were contrary to policy ENV29 on the grounds that there were too many signs as part of the applications, which would be out of keeping with the style and character of the building and its environment.

The Director reminded the Committee that the principle of the use of the site was not under consideration and the change of use from A4 (pub) to A1 (retail) was a form of permitted development that did not require planning permission.

Councillor N Symonds, as a local ward Member, stated that the air conditioning units would produce noise that would be 10 decibels above the permitted level and the proposed fencing would not prevent distress for neighbouring residents.

Councillor T Page, also as a local ward Member, stated that all the applications covered by the report would have a highly detrimental effect on the social fabric and economic wellbeing of the neighbourhood in the vicinity of the site.  He stated that a Tesco store on this site would take trade away from retail units in the town centre and would therefore be contrary to the policies of the National Planning Policy Framework (NPPF).

Councillor Page stated that the timber fencing around the proposed air conditioning units would create an eyesore and would be out of keeping with the existing street scene.  He referred to the risks to health of water droplets and vapour being emitted into the atmosphere.

Councillor Page stated that a safe route to schools would be compromised and the ATM machine would act as a magnet for criminality in the vicinity of the site.  He also expressed concerns in respect of car parking problems being made worse by these  ...  view the full minutes text for item 724.

Recommended for Refusal.

Hertford Town Councillors Linda Radford and Andrew Stevenson addressed the Committee against the application.  Andrew Renshaw spoke for the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/12/2138/FP, planning permission be refused for the reasons now detailed.

The Director referred Members to the information detailed in the additional representations schedule.  Councillor G Jones stated that, as the applicant had requested a deferral of this application, Members should accept the Officer’s recommendation for refusal to allow the applicant to come forward with a new application.

Councillor Mrs R Cheswright referred to congestion on Sacombe Road caused by motorists seeking to avoid congestion on the A10.  She stressed that the additional traffic from this site would further exacerbate the problem of congestion on Sacombe Road.  Councillor Cheswright also expressed her hope that the allotments adjacent to this site would not be lost.

Councillor M Newman commented that this application was contrary to many of the policies in the East Herts Local Plan Second Review April 2007.  He stated that, as the Local Plan had been reviewed in 2007, this should be given greater weight than the emerging District Plan and the National Planning Policy Framework (NPPF).

The Director advised that the NPPF had been in place for almost a year, but Officers felt that their concerns and reasons for refusal outweighed the issue of land supply.  Members were reminded however, that the Authority still had to identify land for future development in East Herts.

The Committee accepted the recommendation of the Director of Neighbourhood Services as now submitted.  Councillor T Page requested that his abstention from voting be recorded.

RESOLVED – that in respect of application 3/12/2138/FP, planning permission be refused for the reasons detailed in the report now submitted.

Recommended for Approval.

Andrew Burgess addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, subject to the applicant carrying out bat emergence surveys between April and September and submitting the results to Officers and no evidence of bats or roost sites being found and 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, in respect of application 3/12/2154/FP, planning permission be granted subject to the conditions now detailed.

The Director also recommended that if bats or bat roosts were found on site, the matter be referred back to Committee for an assessment of the potential impact on the protected species.

Councillor N Symonds, as the local ward Member, stated that she, along with Bishop’s Stortford Town Council, had been concerned in respect of the height of the proposed development.  She referred to the potential canyon effect where the development fronted onto the River Stort.

Councillor Symonds referred to the significant traffic congestion that occurred daily on South Street.  She also referred to the impact on swans, which were a protected species, as well as the impact on ducks.  Councillor Symonds stated that the proposed development was out of keeping with the existing street scene.

Councillor T Page, also as a local ward Member, referred to the application being for retirement living on a level site that been derelict for a very long time.  He stated that, in principle, this was an ideal location for sheltered apartments.  He stated that the application would not have a major impact on the River Stort in terms of the canyon effect referred to by the Bishop’s Stortford Civic Federation.

In response to queries from Councillor G Jones, the Director advised that the Authority did not have a direct programme of its own for the development of affordable housing.  The Council did however, work closely with two housing partners to deliver affordable housing.

The Director stated that the Authority did not have a well researched policy basis for areas of Section 106 contributions that fell outside of the usual areas of provision, such as education, libraries and social service provision.  The Committee was advised that Officers, if instructed to do so by Members, could explore a stronger policy basis via the emerging District Plan.

Councillor Mrs R Cheswright stated that she was pleased that provision had been made for the storage of electric buggies for the residents of the proposed development.  She expressed concerns however, in respect of the inadequate provision of fire hydrants on the site.

Councillor Cheswright referred to there being insufficient car parking provision proposed as part of this application.  She was particularly concerned given the chronic parking situation experienced in Bishop’s Stortford.

The Director advised that the issue of fire hydrants was covered by building regulations.  Members were advised that the site was in a highly sustainable town centre location in close proximity to bus stops,  ...  view the full minutes text for item 726.

Recommended for Approval.

Wayne Pryce addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, subject to the applicant or successor in title signing a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of application 3/12/2122/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

The Director referred Members to the information detailed in the additional representations schedule.

Councillor N Symonds stated that it was very important that any development should stop immediately if breeding birds were found during site clearance, in order to protect their habitat under the Wildlife and Access to the Countryside Act 1981, and in accordance with policy ENV16 of the East Herts Local Plan Second Review April 2007.

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 3/12/2122/FP, subject to the applicant or successor in title signing a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, planning permission be granted subject to the conditions detailed in the report now submitted.

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/13/0137/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

The Chairman stated that the local ward Member, Councillor J Ranger, had contacted her to state that he was strongly in support of this application.

The Director advised that, as the Hertfordshire Biological Records Centre had not raised any objections to the proposal in respect of the bat survey, part (B) of the recommendation was no longer required.  Officers were therefore recommending that planning permission be granted subject to the conditions detailed in the report and a revised condition 12.

The Director advised that condition 12 should be replaced with the condition detailed in the additional representations schedule, in order to protect the habitats of bats, which were a protected species under the Wildlife and Access to the Countryside Act 1981, and in accordance with Policy ENV16 of the East Herts Local Plan Second Review April 2007.

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 3/13/0137/FP, planning permission be granted subject to the following amended conditions:

1.            Three year time limit (1T12)

2.            Approved Plans (2E10) – 7955-101-A, 7955-107, 7955-302-E, 7955-102, 7955-303-E, 7955-304-D, Tree Protection Plan

3.            Programme of archaeological work (2E02)

4.            Materials of construction (2E11)

5.            Wheel washing facilities (3V25)

6.            Prior to the commencement of development, details of the routing and access of construction vehicles shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To minimise the impact of construction vehicles on the local road network in accordance with policy TR20 of the East Herts Local Plan Second Review April 2007.

7.            Tree retention and protection (4P05)

8.            Landscape design proposals (4P12 b,c,d,e,i,j,k,l)

9.            Landscape works implementation (4P13)

10.      Construction hours of working - plant and machinery (6N07)

11.      No further bedrooms, other than those shown on drawing 7955-303-E, shall be provided within the main building of Libury Hall without the prior written approval of the Local Planning Authority.

Reason: Given the special circumstances in this case and the financial justification for the development, and to control resident numbers in the Rural Area, in accordance with policy GBC3 of the East Herts Local Plan Second Review April 2007.

12.      The development hereby permitted shall be carried out in accordance with the details of the Ecological Survey, October 2012 and the mitigation measures contained therein unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the habitats of bats which are a protected species under the Wildlife and Access to the Countryside Act 1981, and in accordance with policy ENV16 of the East Herts Local Plan Second Review April 2007.

Directives:

1.          Other legislation (01OL)

2.          Unsuspected contamination (33UC)

Summary of Reasons for  ...  view the full minutes text for item 728.

Enforcement.

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/11/0176/B, enforcement action be authorised on the basis now detailed.

The Director referred Members to the information detailed in the additional representations schedule.  Members were advised that, although alterations had been made, there remained a gateway that encroached significantly into the amenity planting area.  The Director stressed that this constituted a continued breach of planning control and there was no change to the recommendation detailed in the report now submitted.

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 site relating to E/11/0176/B on the basis now detailed.

RESOLVED – that in respect of E/11/0176/B, the Director of Neighbourhood Services, in conjunction with the Director of Finance and Support 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/11/0184/B, enforcement action be authorised on the basis now detailed.

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 site relating to E/11/0184/B on the basis now detailed.

RESOLVED – that in respect of E/11/0184/B, the Director of Neighbourhood Services, in conjunction with the Director of Finance and Support Services, be authorised to take enforcement action on the basis now detailed.

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

(B)  Planning Appeals Lodged.

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

(D)     Planning Statistics.

The Chairman advised that Officers now had dates for the public enquiries relating to Tewinbury Farm, Hertford Road, Tewin and applications 3/12/0744/FP and 3/12/0592/FP.  These enquires would take place on the 16, 17 and 18 July 2013.

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.