Agenda item

a) 3/12/1955/FP – Recommended for Approval.

b) 3/12/1956/LB – Recommended for Approval.

Mr Perman addressed the Committee against the applications.  Mr Yates and Mr Douglas spoke for the applications.

The Director of Neighbourhood Services recommended that, in respect of applications 3/12/1955/FP and 3/12/1956/LB, planning permission and listed building consent be granted subject to the conditions detailed in the report now submitted.

The Director reminded Members that these applications had been deferred at the May 2013 meeting to enable Officers to investigate whether the proposed development was the minimum necessary to generate funds to provide for the repair and restoration of the listed school building and to ensure that it would provide for a long term viable use of the listed building.

Members had raised concerns that the scope and scale of the development was excessive and had also raised concerns regarding highway safety and access.  Officers had since sought expert viability advice and had been advised that the development was of an appropriate scale necessary to ensure the viability of the works to the former school building.

The Director concluded that this scheme was now an acceptable compromise between an acceptable use for the site and parking provision.  Officers were also of the view that these applications were a more favourable scheme than one that had been previously supported by the Authority.

Councillor D Andrews referred to the significance of the buildings on this site to the Ware community.  He stated that the site was in a sad and sorry state which was not good to see.  He concluded that the good work of Officers and the applicant to ameliorate the impact of the proposed development meant the applications should be approved.

Councillor M Alexander stated that, in order to save the former Musley Hill school and the use of the site for the community, these applications should be supported otherwise this aspiration would not be achieved.  He queried whether a further application for change of use would be required if the proposed nursery use failed to materialise.

The Director stated that a nursery was a D1 use class and that this use class was already permitted on this site.  Members were advised that, subject to permitted development rights, any other use of the site for another use class would require a planning application.  The Director confirmed there was a degree of latitude within the D1 use class.

Councillor P Ballam, as the local ward Member, commented that the former Musley Hill School meant a lot to the people of Ware and it was shame that no work had been done to preserve this facility since the school had closed.  She expressed concerns regarding a particularly dangerous 4 way junction adjacent to the site.  Councillor Ballam urged Members to refuse these applications.

The Director commented that although the Authority had direct powers to carry out works or require works to be carried out to preserve the quality of listed buildings, these powers were not extensively used as the Authority could subsequently become liable to carry out the works.

The Director suggested that the preferred approach of the Authority would be for a developer to take on the risk of undertaking actual preservation works, subject to an acceptable planning application being approved.  Members were advised that the role of East Herts Council was purely to ensure that planning and listed building applications were acceptable in planning terms.

In response to a query from Councillor M Alexander, the Director confirmed that, prior to the occupation of any of the residential units, there would have to be a schedule of works approved in writing by the Authority.

The Committee accepted the recommendations of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of applications 3/12/1955/FP and 3/12/1956/LB, planning permission and listed building consent be granted subject to the conditions detailed in the report now submitted.