Agenda item

a)       3/14/1381/FO – Recommended for Approval.

b)       3/14/1633/FO – Recommended for Approval.

At this point (9.48 pm), the Committee passed a resolution that the meeting should continue until the completion of the remaining business on the agenda.

The Director of Neighbourhood Services recommended that in respect of applications 3/14/1381/FO and 3/14/1633/FO, planning permission be granted subject to the conditions detailed in the report now submitted.

The Director referred Members to the Additional Representations Schedule in respect of a letter from a resident and the Officer’s response to this.  The Director stated that the garage element of the site was granted a separate planning permission to the house and this was the subject of the applications that Members were being asked to determine.

In response to a query from Councillor P Moore, the Director confirmed that the garage could not be an ancillary use to an unlawful development.  Members were advised however, that due to the passage of time, the property known as Longcroft was lawful in planning terms.

The Director confirmed to Councillor M Alexander that it was entirely up to the applicant whether they chose to apply for a certificate of lawfulness to formally determine whether a previous breach of planning control had become lawful due to the passage of time.  However, Officers had sufficient evidence to show that this was the case in any event.

In reply to a further query from Councillor Alexander regarding any certainty that the garage would be used for the purpose that was being applied for as part of these applications, the Director stated that it would be relatively easy to see the difference between a business and an ancillary use.

In response to queries and concerns from Members as to how these variation of condition applications would be policed by Officers, Members were reminded that the Authority had two Enforcement Officers for the whole District and they were reliant on being advised of any breach of planning control by residents or users of footpaths, for example, in the more rural parts of East Herts. 

Members were reminded that the 4 year rule was in place to cover scenarios where a breach of planning control went unnoticed.  The Director stressed that if there was an unnoticed breach of control for 4 years, one had to question the harm of that unauthorised development.

Members had a lengthy discussion in respect of the potential use scenarios for the garage on the site at Longcroft.

In response to a query from Councillor Alexander as to how the Authority would police whether someone was living in the garage if they were not associated with the employment situation at Longcroft, the Director stated that Officers could ask for evidence of where the occupant of the garage was working.  Officers could serve a Planning Contravention Notice to cover such a situation and the conditions detailed in the report were enforceable.

Councillor E Bedford proposed and Councillor M Newman seconded, a motion that applications 3/14/1381/FO and 3/14/1633/FO be approved subject to the addition of the following wording to condition 2 on both applications: ‘and not for any commercial use’.

After being put to the meeting and votes taken, this motion was declared CARRIED.  The Committee accepted the recommendations of the Director of Neighbourhood Services as now detailed.

RESOLVED – that (A) in respect of application 3/14/1381/FO, planning permission be granted subject to the following conditions:

1.        Approved plans (2E10) – 1:2500 location plan

2.        The garage building shall be used solely for the housing of private vehicles at ground floor level and for purposes incidental or ancillary to the enjoyment of the dwelling known as Long Croft at first floor level and not for any commercial use.

Reason: To ensure that the use of the building remains appropriate to the location of the site within the Metropolitan Green Belt and to safeguard the character and amenity of the area in accordance with Policies GBC1 and ENV9 of the East Herts Local Plan Second Review April 2007.

Directive:

1.        Other Legislation (01OL)

Summary of Reasons for Decision

East Herts Council has considered the applicant’s proposal in a positive and proactive manner with regard to the policies of the Development Plan (Minerals Local Plan, Waste Core Strategy and Development Management Policies DPD 2012 and the ’saved’ policies of the East Herts Local Plan Second Review April 2007); the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2012 (as amended).  The balance of the considerations having regard to those policies is that permission should be granted.

(B)   in respect of application 3/14/1633/FO, planning permission be granted subject to the following conditions:

1.        Approved plans (2E10) – 1:2500 location plan

2.        The garage building shall be used solely for the housing of private vehicles at ground floor level and for purposes incidental or ancillary to the enjoyment of the dwelling known as Long Croft at first floor level and not for any commercial use.

Reason: To ensure that the use of the building remains appropriate to the location of the site within the Metropolitan Green Belt and to safeguard the character and amenity of the area in accordance with Policies GBC1 and ENV9 of the East Herts Local Plan Second Review April 2007.

Directive:

1.        Other Legislation (01OL)

Summary of Reasons for Decision

East Herts Council has considered the applicant’s proposal in a positive and proactive manner with regard to the policies of the Development Plan (Minerals Local Plan, Waste Core Strategy and Development Management Policies DPD 2012 and the ’saved’ policies of the East Herts Local Plan Second Review April 2007); the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2012 (as amended).  The balance of the considerations having regard to those policies is that permission should be granted.