Agenda item

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/12/0272/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor Mrs D Hone, as the local ward Member stressed that residents had some serious concerns regarding this application, such as the lack of utility services and also in relating to future development of the site, particularly in relation to vehicle movements and pollution from diesel fumes.  Residents were mindful of the prevailing south westerly wind carrying noise and fumes towards nearby houses.

Councillor Mrs D Hone stated that residents had access concerns, namely that height and weight restrictions on local roads would increase traffic volumes due to the smaller nature of the vehicles involved.  Residents were concerned that the rural nature of the area, in particular the village of Hertingfordbury, was retained.

Councillor Mrs D Hone concluded that residents remained concerned in respect of the future use of the site and its impact on Hertingfordbury, both in terms of wildlife and residents should this application be approved.

The Director advised that the first condition was to be amended to a six month time limit.  Members were also advised that paragraph 7.9 of the report now submitted made reference to bats.  The Director stated that bats had not been found and this reference should have been to birds and badgers.  Members were advised that the longer term impact of the scheme was judged to be an acceptable solution by Officers.

Councillor D Andrews expressed concerns regarding the likely numbers of vehicle movements required to move 2000 tonnes of material in and out of the site on roads that were wholly unsuitable for such activity.  He also expressed concerns as to how the quality of the clay material could be monitored.

The Director stressed that Officers would only investigate whether the applicant had adhered to planning conditions if they had reason to believe this was not the case.  Members were advised that Officers would have to call in expertise from the Environment Agency regarding the quality of material being deposited on the site.

Councillor D Andrews commented that he was concerned that the conclusion of the 6 month time limit would be in the winter and queried whether deposits of clay material should be avoided during the winter.

The Director stressed that restricting works to certain months of the year could prolong matters in respect of this application.  He commented that such a condition in recent weeks would have created as much deposits on the road as in the winter considering the current wet weather conditions.

The Director advised that vehicle wheel washing could be requested as a condition should the application be approved.  The Committee was advised that Officers felt it would not be reasonable to stipulate that works must be completed within a set timescale.  Members were reminded that Officers did have the option to enforce the requirements of the outstanding enforcement notice if this application was not implemented.

In response to comments from Councillor M Newman and the Director, there was a general discussion regarding the options available to Members regarding this site and the application detailed in the report now submitted.

In response to comments from Councillors A Burlton and T Page regarding the Great Hadham Golf Club, the Director stressed the need to be proportionate in that soil movements on that site were significantly greater than what was proposed by this application.  The Director also advised that conditions regarding road repairs and road cleansing would not satisfy the usual tests that were applied to planning conditions.

Councillor Mrs R Cheswright proposed and Councillor E Bedford seconded, a motion that application 3/12/0272/FP be refused on the grounds that the development, by virtue of the changed land form that would result from the further importation of material, would be one that resulted in unacceptable harm to the character and appearance of the site and surrounding area and was therefore contract to policy ENV1 of the East Herts Local Plan Second Review April 2007 and the National Planning Policy Framework (NPPF).

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 3/12/0272/FP, planning permission be refused for the following reason:

1.           The development by reason of the changed land form that would result from the further importation of material would be one that results in unacceptable harm to the character and appearance of the site and surrounding area.  It is therefore contract to policy ENV1 of the East Herts Local Plan Second Review April 2007 and National Planning Policy Framework.