Agenda item

Mr Miles addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1851/FP, planning permission be refused for the reasons now detailed.

Councillor M G Carver, as the local ward Member, stated that this application for residential development in the green belt was a difficult and balanced judgement in policy terms.  He acknowledged the importance of protecting an important listed walled garden.

Councillor Carver stated that the proposed development was set well back from High Wych Lane and would be well screened.  He stated that the development was far enough away from the listed buildings at the Manor of Groves so as to not cause any problems to the setting of these buildings.

Councillor Carver stressed that this was a sealed site containing a listed building in need of protection.  He stated that this application provided a unique opportunity to protect the setting of this important listed building.  He commented that the application would not affect the green belt and would actually enhance this particular area. 

Councillor Carver emphasised that the applicant could work with Officers to ensure the protection of the walled garden.  He stated that the application should not set a precedent and there had been no objections from the surrounding area.  He concluded that appropriate conditions could further ensure the protection of the walled garden and listed buildings.

The Chairman reminded Members that overturning the Officers’ recommendation for refusal would require very special circumstances as there were grade II listed buildings close to the site, which was located in the metropolitan green belt.

Members were reminded that the Council’s Conservation Officer had recommended refusal of the application due to the impact on the adjacent grade II listed building.  The Director acknowledged the unusual nature of the site and referred to a number of similar situations with walled gardens across the District.

The Director stated that Members must consider the application very carefully and referred to English Heritage advice in respect of enabling development.  He stressed that the proposed development should not detract from the very features Members sought to secure.

The Director referred to the clear advice of the Council’s Conservation Officer in that one would not normally find a property of this style and design so close to an adjacent listed building.  He stated Members might cause significant harm to the surrounding area by seeking to protect the walled garden.

The Director stressed that Officers had considered the price that would be paid for protecting the walled garden was too great.  He stated that the proposed development would encroach into the green belt countryside and, although this did not introduce sprawl, the openness of the green belt was being adversely affected by the proposed residential curtilage.

Councillor R Gilbert sought and was given clarification in relation to the comments of the Council’s Conservation Officer, in relation to the associated structures of the walled garden.  Councillor J Demonti stated that she could not support this application due to the visual prominence of the proposed development and the likely impact on the openness of the green belt.

Councillor Carver expressed concerns as to how features such as this walled garden could be protected in a meaningful way, along with the listed building stock in general.  He stated this application was a sensible way of achieving such protection.  He stressed that he did not see how the application would encroach onto the green belt.

After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Director of Neighbourhood Services that application 3/10/1851/FP be refused planning permission for the reasons now detailed.

RESOLVED – that in respect of application 3/10/1851/FP, planning permission be refused for the following reasons:

1.    The application site lies within the Metropolitan Green Belt as defined in the East Hertfordshire Local Plan wherein permission will not be given except in very special circumstances for development for purposes other than those required for mineral extraction, agriculture, small scale facilities for participatory sport and recreation or other uses appropriate to a rural area. No such special circumstances are apparent in this case, and the proposal would therefore be contrary to policy GBC1 of the East Herts Local Plan Second Review April 2007.

2.    The proposed development by reason of its size, siting and design would be detrimental to the setting of the adjacent Grade II Listed Building known as 'The Manor of Groves’. The proposed development would therefore be contrary to PPS5: Planning for the Historic Environment.