Agenda item

Recommended for Approval.

Parish Councillor Wilkins addressed the Committee in objection to the application.  Mr Cunliffe spoke for the application.

The Head of Planning and Building Control recommended that in respect of application 3/15/2408/FUL, planning permission be granted subject to the conditions detailed in the report now submitted.

The Head summarised the application and detailed the policy position with particular reference to Local Plan policy OSV2 regarding infilling and the forthcoming District Plan.  He assured Members that they could make decisions prior to this plan being finalised and they should approve planning permission unless the application would cause significant and demonstrable harm.

The Head referred to the Section 52 legal agreement between the Authority and the landowner which was an agreement in the 1980s restricting development on this land based on the planning policies in place at that time.  He emphasised that it was appropriate for Members to reach another judgement this evening based on the planning policies that applied now.

The Property and Planning Lawyer responded to queries from Councillors J Jones and K Warnell by stating that the Section 52 legal agreement was still enforceable.  She commented however, that it was for the Local Planning Authority to decide whether enforcement was required.  She concluded that Members could approve the application and it would then be for the applicant to discharge the Section 52 agreement before commencing the development.

The Property and Planning Lawyer commented that the only legal challenge could come from someone who felt aggrieved that the Section 52 agreement had not been enforced.  She advised that the Council as the sole beneficiary of the Section 52 agreement could seek to discharge the benefit of the Section 52 by agreement or via the lands tribunal.

The Head of Planning and Building Control responded to queries from Members by stating that the location remained unchanged in the emerging District Plan and Datchworth was not currently provided with a settlement boundary.  He advised that Local Plan policy OSV2 allowed for development to take place within the built up area.  He advised that the policy definition of infill was the insertion of up to 5 small dwellings within the built up area of the village.  He concluded that the emerging District Plan would define the village boundaries across East Herts.

The Head replied to a comment from the Chairman by stating that a single large dwelling would have less impact than a collection of 5 smaller dwellings in what was a significant sized plot providing that there was no long lasting damage to the appearance of the locality.  A single larger dwelling also ensured that there remained space for landscaping that would not be possible with multiple housing units.

The Head concluded that there was a mix of development already in place in that the existing properties around the village green were of varied sizes and design and Members had to reach a judgement on the impact of the proposed development.  After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Head of Planning and Building Control as now submitted.

RESOLVED – that in respect of application 3/15/2408/FUL, planning permission be granted subject to the conditions detailed in the report now submitted.