Agenda item

Mr Howard addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1458/FP, planning permission be refused for the reasons now detailed.

Councillor W Ashley summarised his reasons for requesting that this application be reported to the Committee.  He stated that it was acknowledged that the current dwelling offered poor living conditions for the applicant.  Councillor Ashley commented that Officers had no objection in principle to a replacement dwelling.

Councillor Ashley emphasised that Officers considered the design and appearance of the proposed dwelling to be acceptable.  He stressed however, that Officers were concerned that the replacement dwelling was more visually intrusive than the dwelling that was to be replaced.

Councillor Ashley stated that the application would enhance the area and would improve health and safety in relation to the busy nature of Cock Lane.  He referred in particular, to the proposed two entrances, one for the dwelling and the other for the equestrian centre.  The applicant would also be able to ensure enhanced monitoring of security on the site.

Councillor M R Alexander commented that he was at a loss to see why this application had been recommended for refusal.  He stated that this application proposed a small dwelling on what was a very large site.  He referred to the landscaping and screening that should shield the building from the road.  He stressed that motorists would be concentrating on the road so would not be aware of the height of the proposed dwelling close to the hedgerow.

Councillor Alexander stressed that the existing building was not fit for purpose and no applicant would spend many thousands of pounds on a new replacement dwelling unless this was really necessary.

Councillor R I Taylor stated that Officers had generally accepted that this application did not comply with all the provisions of policy HSG8 of the East Herts Local Plan Second Review April 2007.  He commented that the Officers had accepted that the application was generally appropriate. 

Councillor R I Taylor referred to a number of developments in the area that were very large and he did not see how this application could be judged as inappropriate in this location.

The Director stated that the fundamental issue was that this was a green belt location and applications for new properties in the green belt were clearly against policy.  The policy was very clear in stating that new dwellings were harmful to the greenbelt, irrespective of the physical manifestations of the development.

The Director stressed that Members must consider the impact of the proposed application on the openness of the green belt.  He commented however that green belt policy did allow for some form of development as a replacement dwelling.

Members were reminded that such replacements should not be unreasonably large, particularly where the existing property was small to start with.  The Director stated the importance of a condition that defined the residential curtilage of the proposed development, as well as a condition stating that the existing dwelling must be demolished.

Councillor Mrs M H Goldspink proposed and Councillor M R Alexander seconded, a motion that application 3/10/1458/FP be granted on the grounds that the proposed development was not any larger than the existing dwelling and the planning conditions be delegated to Officers in consultation with the Chairman of the Development Control Committee.

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

Councillor A L Warman requested that his vote against the motion be recorded.

The Committee rejected the recommendation of the Director of Neighbourhood Services that application 3/10/1458/FP be refused planning permission for the reasons now detailed.

RESOLVED – that in respect of application 3/10/1458/FP, planning permission be granted subject to the following conditions:

1.            Three Year Time Limit (1T21)

2.            Approved plans (2E102) HI1, 615-2-COM-01 and 615-2-PLN 01 C

3.            Programme of archeological work (2E023)

4.            Landscape design proposals (4P124)

5.            Landscape works implementation (4P133)

6.            Within 3 months of first occupation of the new dwelling hereby approved, the existing dwelling shall be demolished and all rubble and debris removed from the site. The land shall be re-landscaped in accordance with details pursuant to Conditions 4 and 5 of this permission.

        Reason: The construction of a new dwelling would otherwise be inappropriate development in the Green Belt.

7.    Prior to first occupation of the dwelling hereby permitted, the modified vehicular access shall be constructed to the specification of the Highway Authority and surfaced in bituminous or other similar durable material as may be approved in writing by the Local Planning Authority for a distance of at least 6m into the site measured from the carriageway edge, and arrangements shall be made for surface water drainage from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

        Reason: To ensure that the access is satisfactorily constructed in the interests of highway safety and convenience.

8.            Withdrawal of P.D (Part 1 Class A) (2E203)

9.            Withdrawal of P.D (Part 1 Class E) (2E223)

10.      The presence of any significant unsuspected contamination that becomes evident during the development of the site shall be brought to the attention of the Local Planning Authority, and appropriate mitigation measures implemented as approved in writing.

        Reason: To ensure adequate protection of human health and the environment in accordance with PPS23 ‘Planning and Pollution Control’.

11.      Prior to the commencement of development, a drawing indicating the proposed residential curtilage of the dwelling shall be submitted to and approved in writing by the Local Planning Authority, and the development shall be carried out in accordance with this approved drawing.

        Reason: For the avoidance of doubt and to ensure that the residential curtilage does not encroach into the Green Belt.

Directives:

1.            Other legislation (01OL1)

2.            The applicant is advised to contact Kirsty Gilmour at the Environment Agency on 01707 632566 as the development will require an Environmental Permit under the Environmental Permitting Regulations 2010, unless an exemption applies.

3.            Where works are required within the public highway to facilitate vehicle access, the Highway Authority require the construction of such works to be undertaken to their specification and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Eastern Herts Highways Area Office, Hertford House, Meadway Corporate Centre, Rutherford Close, Stevenage SG1 3HL (Telephone 01438 757880) for further information and to determine the necessary procedures.

Summary of Reasons for Decision

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and the 'saved' policies of the East Herts Local Plan Second Review April 2007), and in particular policies SD2, GBC1, GBC14, HSG8, TR2, TR7, ENV1, ENV2, ENV11, BH1, BH2 and BH3. The balance of the considerations having regard to those policies is that permission should be granted.