Agenda item

Recommended for Refusal.

Mr Barker addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1742/FP, planning permission be refused for the reasons now detailed.

The Director referred Members to the substantial amount of additional information detailed in the late representation schedule.  The Committee was advised that the Council’s planning policies favoured the direct provision of affordable housing.

The Committee was further advised that Members must weigh up whether the harm caused by the development was outweighed by the potential benefits.  In the case of the initial recent application, Members had taken the view that the proposals could be supported because of the direct provision of two affordable homes.

The Director advised that the next application had been refused by Officers as insufficient information had been submitted to justify the claim that the scheme was, by then, unviable.  Members were advised that, whilst sufficient information had now been submitted, this did not mean that automatic approval should be forthcoming as Members must still weigh up the balance of harm and benefit.

The Director stressed that, whilst a financial contribution of £100,000 had been offered, there was no justification for this figure.  Members were advised that it was unlikely that any provision would be achieved because of the lack of an alternative development to which the contribution could be put towards.  Officers had been of the view that, taking into account the lack of government grant, financial provision of at least £200,000 would have to be made to enable the provision of two affordable units.

The Director reiterated that to accept a financial contribution would be contrary to the relevant policies in the East Herts Local Plan Second Review April 2007 and in the supplementary planning documents.  Members would have to demonstrate very clear and cogent reasons for departing from policy.

The Director also advised that the Council’s Solicitor had stated that an additional reason for refusal should be applied in that, whilst financial provision was to be made as part of the proposals to support the provision of affordable housing, there had been no justification supplied in relation to the scale of that financial provision.

The Director stressed that no other steps had been taken to ensure that actual delivery of affordable housing could be achieved as a result of the financial provision and therefore the proposals were contrary to the requirements of policy HSG3 of the East Herts Local Plan Second Review April 2007 and were also contrary to the Affordable Housing and Lifetime Homes Supplementary Planning Document (SPD) January 2008.

Councillor K Crofton, as the local ward Member, addressed the Committee in support of the application.  He stated that the volume of paperwork presented to Members had over complicated what was a very simple issue.

Councillor Crofton stressed that the applicant had sought to vary an existing planning permission for reasons beyond the applicant’s control.  He referred to a viability report that had been submitted to Officers and to the recent loss of public subsidy in the form of affordable housing grants.

Councillor Crofton commented that a volume of 5 affordable housing units would not prove to be an attractive proposition to any housing association.  He stated that the Authority’s own consultants had fully tested the viability report that had been sent to Officers.

Councillor Crofton referred to the delays on site resulting from the current uncertainty in respect of this application.  He advised that this was previously a derelict and nasty site and development was long overdue in this location, which was well within the boundaries of the village.  He urged the Committee to go against the Officer’s recommendation and approve this application.

Councillor J Taylor stated that the need for a site to be tidied up had never been a prerequisite for approving a planning application.  She concurred with the Officer’s view that a financial contribution towards affordable housing would not result in actual direct provision and the application should be refused.

Councillor M Newman queried whether the application had been viable a year ago, let alone in the current financial climate.  He also commented on whether any houses on this site would remain 4 bedroom dwellings or end up being larger 6 bedroom houses.

After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Director of Neighbourhood Services that application 3/11/1742/FP be refused planning permission for the reasons now detailed and subject to the additional reason for refusal now detailed.

RESOLVED – that in respect of application 3/11/1742/FP, planning permission be refused for the following reasons:

1.           Within Rural Area – EHLP (R031)

2.           The proposed development, by reason of its scale, siting and overall domestication of the site would harm the rural character and appearance of the surrounding area.  If permitted the proposal would therefore be contrary to policy ENV1 of the East Herts Local Plan Second Review April 2007.

3.           Whilst financial provision is to be made as part of the proposals to support the provision of affordable housing, no justification has been supplied in relation to the amount of that financial provision.  No other steps have been taken to ensure that actual delivery of affordable housing can be achieved as a result of the financial provision and therefore the proposals are contrary to the requirements of policy HSG3 of the East Herts Local Plan Second Review April 2007 and of the Affordable Housing and Lifetime Homes SPD, Jan 2008.