Agenda item

Parish Councillor Martin Slack addressed the Committee against the application.  Mr Trevor Dodkins spoke for the application.

The Director of Neighbourhood Services recommended that, subject to the applicant entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of applications 3/11/2209/FP and 3/11/2210/LB, planning permission and listed building consent be granted subject to the conditions now detailed.

The Director referred to the additional representations summary and reiterated a number of points that had already been commented on in detail by the public speakers.

Councillor Mrs R Cheswright stated that Braughing had been designated a category 1 village, against the wishes of many residents.  She commented that this application was wholly inappropriate in Braughing and expressed concerns that more development tended to take place in category 1 villages.

Councillor Mrs R Cheswright referred to the character of Braughing and suggested that the proposed development did nothing to benefit this.  She reminded the Committee that the East Herts Local Plan Second Review April 2007 stipulated that developments in category 1 villages should be sensitively designed.

Councillor Mrs R Cheswright stated that one size did not fit all and such large scale modern developments should not be imposed on the villages of East Herts.  She commented that the application would have a devastating impact on the village, particularly as Braughing’s streets were very narrow.  She was also concerned in respect of the anticipated 35 – 50 vehicle movements passing many listed buildings and pubs on the only appropriate route through the village.

In response to a query from Councillor A Burlton, the Director confirmed that the Council’s Solicitor was now comfortable with all aspects of the Section 106 legal agreement.  Councillor S Bull commented that he was of the opinion that Braughing had taken its fair share of development and he had every sympathy with the residents but could not think of any planning policies for refusing the applications.

The Director stressed that it would be wholly inappropriate for the Committee to draw a line and say no more development in any location in the District.

In response to queries from Councillor S Bull and N Symonds, the Director stated that the density of this development would be approximately 33 dwellings per hectare and the details of the colours of building materials was open for agreement with the developer.

Councillor M Newman commented that pragmatism was key to approaching this application.  He stated however, that the planning conditions should be rigidly enforced and commented on whether more could be done by Officers in that respect.

The Director advised that the Authority could take enforcement action but was not legally obliged to do so.  Officers had to make a judgement on the harm that would be caused and whether it was appropriate to take enforcement action.  Officers had to weigh up all the relevant issues as the Authority was not able to enforce against every transgression.

In response to queries from Councillor N Symonds regarding construction materials being in keeping with the village, the Director stated that Officers had attached conditions and were satisfied that sufficient controls were in place regarding construction materials.  Members could attach specific controls but the applicant might, in any event, subsequently apply to vary such conditions if further changes were required.

In response to concerns from Councillor Mrs R Cheswright about the large size of the proposed dwellings which she felt were not needed in the village, the Director stated that developments across the District in previous years had been weighted in favour of smaller developments, particularly flats in the main towns such as Bishop’s Stortford. There was therefore a District-wide need for this form of accommodation. As regards planning conditions, the Director stressed that any conditions must meet the standard tests such as enforceability. 

Members were advised that very little weight should be given to the size of the dwellings in this case.  The Director stressed that the Committee must be thinking in terms of a longer term view in respect of housing delivery across the District.

The Committee accepted the recommendations of the Director of Neighbourhood Services that, subject to the applicant entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, applications 3/11/2209/FP and 3/11/2210/LB be granted subject to the conditions now detailed.  The Committee also agreed that Councillor Mrs R Cheswright be consulted in considerations regarding materials of construction and the views of local people.

RESOLVED – that, subject to the applicant entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of applications 3/11/2209/FP and 3/11/2210/LB, planning permission and listed building consent be granted subject to the conditions detailed in the report now submitted and consultation with Councillor Mrs R Cheswright in considerations regarding materials of construction and the views of local residents.