Agenda item

Recommended for Refusal.

Mr Saint Pier and Mr Williams 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.

The Director read out a written submission on behalf of Councillor L O Haysey, as the local ward Member.  Councillor Haysey had stated that the application had been deferred pending the outcome of an appeal decision, to avoid the possibility of costs being awarded if the application had been approved whilst there was an outstanding appeal decision. 

She had stated her continued support for this application and urged Members to recall their extensive and constructive comments at the November meeting of this Committee and subsequently approve the application.

Councillor R Gilbert expressed his disappointment that Officers had not been able to support this scheme.  He had visited the site and had not been able to see the marquees from the approach road over the River Mimram.

He stressed that the marquees were obscured by a number of large buildings on the site, some of which were listed.  Councillor Gilbert stated that the proposed function barn would be smaller than the marquees currently in place on the site.

He commented that there was a large high hedge around the car park which served to screen the site from view.  He referred to the significant amount of space required on the site for the manoeuvring of large vehicles and farm machinery.

Councillor Gilbert referred to the work of the applicant in preserving significant parts of the River Mimram valley, even though he was under no obligation to do so.  He stated that The Herts and Middlesex Wildlife Trust had no specific objections to the application.

Councillor Gilbert stressed that he was not prepared to reject an application when the loss of the marquees without a suitable replacement would result in the loss of approximately 20 jobs.

The Director commented that the key issue was the green belt location.  He stressed that the national and local planning policy was very firm in stating that there should be no development in the green belt unless very special circumstances could be demonstrated for going against policy.

The Director referred to the inspector’s appeal decision in upholding the enforcement notice in respect of the marquees.  He stressed that Officers felt that this business would not be at risk of failure if this application was refused.  Officers’ views were weighted in favour of adhering to the clear provisions of green belt policy.

The Director referred to the issue of deferring the application to address issues of wildlife interests along the River Mimram.  The appeal inspector had stated that the issues of wildlife and habitat protection should be given no weight by Members and Officers felt that any section 106 planning obligations would be subject to challenge on that basis.  Members were also advised that the inspector had stated that the site had reached its limit in terms of capacity for new buildings. 

Councillor Mrs R F Cheswright stated that the proposed barn would encourage locals to use the site and she stressed that the Committee should support the diversification of farms and farm buildings.  Councillor Cheswright stated that the application should be supported in relation to policies GBC1, ENV1, PPS7 and GBC8 of the East Herts Local Plan Second Review April 2007.

In response to a query from Councillor Gilbert in relation to conditions, the Director stated that he could see the merits of Members giving Officers a very clear view around the conditions that would be imposed if the application was approved.

The Director advised that this would in effect be a deferral and Officers would come back with a range of conditions for Members to consider.  The alternative would be for the Committee to delegate the conditions entirely to Officers in consultation with the Chairman of the Committee.  Councillor M R Alexander commented that although he could support a deferral, he felt that deferring all the conditions to Officers was too much and these must come back to Members for approval.

Councillor Mrs M H Goldspink proposed and Councillor R I Taylor seconded, a motion that application 3/10/1200/FP be approved subject to conditions to be agreed by the Director of Neighbourhood Services in consultation with Councillors M R Alexander, W Ashley, Mrs R F Cheswright, R Gilbert and Mrs M H Goldspink.

After being put to the meeting and a vote taken, this 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 granted subject to conditions to be agreed by the Director of Neighbourhood Services, in consultation with Councillors M R Alexander, W Ashley, Mrs R F Cheswright, R Gilbert and Mrs M H Goldspink.