Agenda item

Recommended for Refusal.

Mr Gary O’Leary addressed the Committee in objection to the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1511/FP, planning permission be refused for the reasons detailed in the report now submitted.

The Director advised that the planning inspectorate had confirmed that a valid appeal had been lodged against non-determination of the application.  The Committee was advised that Members should determine the application as they would have done had this appeal not been lodged.

The Director stressed that although Officers had considered the application on the basis that the applicant met the criteria for gypsy and traveller status, there had been no evidence submitted to support that status.  Members were advised that Officers reserved the right to challenge the status of the applicants at any subsequent appeal.

The Director referred to a number of typographical errors in the report and these were covered in the additional representations schedule circulated in advance of the meeting.  Members were advised that Officers felt that appropriate weight had been given to appropriate Regional Spatial Strategy (RSS) policies, based on the gypsy and traveller accommodation assessment carried out by the Authority.

The Director reminded Members that the Council’s Conservation Officer had recommended that the application be refused due to the likely impact on the adjacent listed buildings.

Councillor L Haysey, as the local ward Member, addressed the Committee in objection to the application.  She stated that the report was very succinct and the application was an excellent case study of planning in terms of extant appeals and potential future appeals.

Councillor Haysey stressed that this was a wholly unacceptable form of development in the green belt and the Committee should continue the recent support given to the local residents by refusing this application.

Councillor M Alexander referred to the amount of time spent by Officers in relation to this application.  He reminded the Committee that this scheme was contrary to Green Belt policy.

Councillor S Rutland-Barsby also praised the Officers and, so there was public record of Members’ gratitude for their work in relation to this site, expressed her particular satisfaction with Officers securing a high court injunction on the Saturday of a Bank Holiday weekend.

The Director advised that policies HSG10, OSV3 and PPS5 should be added to the reasons for refusal on this application, and that PPS5 was particularly relevant in relation to the protection of the listed buildings and heritage assets.

Councillor M Alexander proposed and Councillor S Bull seconded, a motion that the Committee accept the Officer’s recommendation as detailed in the report now submitted.

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

The Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/11/1511/FP, planning permission be refused for the following amended reasons:

1.           The proposal represents inappropriate development within the Green Belt and, together with the provision of necessary access improvements and visibility splays, would be detrimental to the openness of the Green Belt; the character and appearance of this part of the village, and the setting of the adjacent listed buildings. The matters put forward by the applicants in support of the proposal are not considered to be ones to which such weight can be attached as to clearly outweigh the harm to the Green Belt and the other identified harm. The proposed development is therefore contrary to policies GBC1, ENV1, HSG10 and OSV3 of the East Herts Local Plan Second Review April 2007 and Planning Policy Guidance 2: Green Belts, and PPS5: Planning for the Historic Environment.

2.           The site lies within an area of known groundwater importance (Source Protection Zone 3) but the application fails to demonstrate that the proposed means of sewerage disposal would be appropriate and not result in harm to groundwater. As such, the proposal is contrary to policy ENV20 of the East Herts Local Plan April 2007 and government advice given in Circular 03/99 and PPS23 – Planning and Pollution Control.