Agenda item

Mr Williams and Mr Saint-Pier addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1200/FP, planning permission be refused for the reasons now detailed.

Councillor L O Haysey, as the local ward Member, addressed the Committee in support of the application.  She referred to the lengthy planning history at Tewin Bury Farm and stated that this application offered an opportunity for the concerns of Planning and Enforcement Officers to be addressed.

Councillor Haysey commented that the reasons for refusal were not substantial and asked that this application be approved.  In respect of policy GBC8, Councillor Haysey stressed that this policy made provision for new buildings in the Green Belt.

Councillor Haysey stated that although the proposed development seemed inappropriate under policy GBC1, this policy did allow for inappropriate development under special circumstances.

Councillor Haysey stressed that the special circumstances related to the applicant’s stewardship of the nearby River Mimram. 

Councillor Haysey stated that the existing marquees were an eyesore with a footprint considerably greater than the proposed barn.  She commented that the proposed barn would not be overbearing and had been carefully designed to take into account the local features of the listed building.

Councillor Haysey stressed that any concerns in relation to the visual impact or light and noise pollution could be covered by conditions.  Councillor Haysey urged the Committee to consider the strong local support for the application when reaching a decision.

Councillor B M Wrangles supported the proposed development and stressed that Tewin Parish Council had spoken very highly of the application.  She stated that, subject to appropriate conditions, the application should be approved.

Councillor R Gilbert stated that without this application the valley of the River Mimram would suffer quite badly.  He stated that the proposed development constituted diversification that would replace some unattractive marquees with an attractive barn development that sat well within the surrounding area.

Councillor Mrs R F Cheswright commented that the application should be approved as it complied with policies GBC3 and ENV1 of the East Herts Local Plan Second Review April 2007.  Councillor J Demonti stated that the Committee should approve this application in support of a thriving local business.

Councillor D Andrews supported the application and commented on whether a condition should be attached to ensure the marquees were removed from the site.

Councillor S Rutland-Barsby stressed that if the Committee was minded to approve the application, this decision should be deferred pending the outcome of the enforcement appeal for the two marquees on the site.

The Director reminded the Committee that Members had authorised enforcement action against the one of the marquees and the car park about a year ago.  An appeal had been lodged and the Committee was advised that a decision on this was expected towards the end of 2010 of early 2011.

Members were reminded that approving this application could undermine the case of the Authority at the aforementioned appeal and that the Council could be seen as unreasonable.  The Director stressed that there was a risk of costs being awarded against the Authority should Members approve the application this evening.

The Director reminded the Committee that this application was inappropriate development in the greenbelt and Members must consider the visual impact of the application.  The Director also stated that Members should judge whether the application was inappropriate and whether there were any special circumstances that outweighed the visual impact of the proposed developed.

The Director stressed that linking the application to the conservation works to the Mimram Valley by way of a Section 106 planning obligation agreement would not meet the normal tests of such agreements. 

In response to a query from Councillor R Gilbert, the Director stated that it would not benefit the applicant to withdraw the appeal, as the enforcement notice would remain in force and the land owner would be breaking the law if the marquee was not removed.

Councillor B M Wrangles proposed and Councillor M R Alexander seconded a motion that application 3/10/1200/FP be deferred to enable the outcome of the current appeal against enforcement action to be received.

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

The Committee rejected the recommendation of the Director of Neighbourhood Services that application 3/10/1200/FP be refused planning permission for the reasons now detailed.

RESOLVED – that, in respect of application 3/10/1200/FP, planning permission be deferred to enable the outcome of the current appeal against enforcement action to be received.