Agenda item

Recommended for Refusal.

Mr Danny Pecorelli addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/12/0791/FP, planning permission be refused for the reasons detailed in the report now submitted.

The Director advised that the Highway Authority had clarified that the sustainable transport contribution would fund improvements to existing bus stop provision in the area in order to encourage bus use by staff.  The applicant’s agent had also written to confirm that the applicant was now willing to enter into a legal agreement in respect of the sustainable transport contribution.  As such, the second reason for refusal was not required.

Councillor M Newman, as the local ward Member, referred to economic development and stated that an application that enhanced the economic viability of Fanhams Hall Hotel should be supported.  In supporting the application, he commented that he would also support any initiative which enhanced the tourism potential of East Herts.

Councillor D Andrews, as the other local Member affected by the proposals, commented that the Conservation Officer had identified merit in the proposed development and also referred to the importance of economic viability for East Herts.

Councillor E Bedford stated that Fanhams Hall Hotel was a valuable employment asset which created a pleasing environment for anyone working or staying in the Hotel.  He commented that his concerns regarding the loss of trees had been alleviated by the replanting plans included with the application.

The Director advised that this decision was a matter of balance as the site was within the Metropolitan Green Belt and was therefore inappropriate development with regard to the planning policies in the East Herts Local Plan Second Review April 2007 and the National Planning Policy Framework (NPPF).

The Committee was reminded therefore to consider whether there were very special circumstances for going against policy.  Officers felt that the benefits of the proposal did not clearly outweigh the harm caused to the Metropolitan Green Belt and other harm and the proposal was thereby contrary to policy GBC1 of the East Herts Local Plan Second Review April 2007 and national planning policy in the NPPF.

Members were advised that, based on the information submitted by the applicant,  Officers were of the opinion that refusing this applicaton would not bring about the demise of Fanhams Hall Hotel as a business.  English Herritage had qualified concerns regarding the application and were not satisfied that the benefits of the scheme outweighed the harm to the setting of a listed building.

Councillor D Andrews proposed and Councillor M Newman seconded, a motion that application 3/12/0791/FP be granted on the grounds that there were very special circumstances, in that the application supported the economic viability of Fanhams Hall Hotel and East Herts and the benefits of the application outweighed the harm to the Metropolitan Green Belt.

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 as now submitted.

RESOLVED – that in respect of application 3/12/0791/FP, subject to the applicant or successor in title entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 in respect of:

1.           £11,000 towards Sustainable Transport.

2.           Standard monitoring fee per clause.

planning permission be granted subject to the following conditions:

1.            Three Year Time Limit (1T121)

2.           Approved Plans (1004.2, 1004.3, 1004.4, 1004.5, 1004.6, 1004.7, Location/Site Plan, Site Survey-Revision A) (2E103)

3.           Samples of materials (2E123)

4.           Landscape design proposals (a, e, i, j, k, l) (4P124)

5.           Landscape works implementation (4P133)

6.           Details of tree planting, indicating positions or density, species, and planting size shall be submitted to and approved by the Local Planning Authority and planting shall be carried out: (a) prior to the occupation of the development for its permitted use (b) before the end of the current or first available planting season following practical completion of the development hereby permitted (c) in accordance with a timetable agreed in writing with the Local Planning Authority. Any such trees that are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required.

       Reason: To ensure the provision of the amenity value afforded by trees in respect of the proposed development, in accordance with policy ENV2 of the East Herts Local Plan Second Review April 2007.

7.           Prior to the commencement of development a statement shall be submitted to outline the measures that will be undertaken in respect of protection of Great Crested Newts at the site.  The statement shall be approved in writing the Local Planning Authority and thereafter, the development shall be completed in accordance with those approved details.

        Reason: To protect Great Crested Newts which are a European Protected Species in accordance with policy ENV16 of the East Herts Local Plan Second Review April 2007.

8.           Green Travel Plans (3V272)

9.           The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul and surface water (including drainage plan) has been submitted to, and approved in writing by, the local planning authority.  The scheme shall be implemented as approved.

        Reason: To prevent pollution of controlled waters and to improve water quality in accordance with policies ENV18 and ENV20 of the East Herts Local Plan Second Review April 2007.

Summary of Reasons for Decision

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and the saved policies of the East Herts Local Plan Second Review April 2007, and in particular policiesGBC1, ENV1, ENV2, ENV11, ENV16, ENV17, ENV18, ENV20, SD1, LRC10, BH16, TR1, TR2, TR3, TR4, TR7, TR20 and IMP1) and the National Planning Policy Framework.  The balance of the considerations having regard to those policies and the benefits that the proposal would have to the local economy is that permission should be granted.