Agenda item

Recommended for Approval.

Mr Salvatore Amico addressed the Committee against the application.  Mr Steve Haslam spoke for the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/12/0076/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

The Committee Chairman read out a statement on behalf of the local ward Member, Councillor M Tindale.  Councillor M Tindale had stated his view that the applicant had met the concessions in height and scale and that the revised plans represented a more appropriate structure.  Whilst acknowledging that some of the original objectors did not accord with his views, he had stressed that, given that Officers had recommended granting of the application before these amendments, and the fact that the Parish Council had not objected to either application, meant that this scheme should not be refused on issues pertaining to height and scale.

The Director stated that the Conservation Officer had commented that the reduced scale of the play equipment went towards overcoming previous concerns regarding the impact of the structure on the character and appearance of the wider setting.

The Conservation Officer had also recommended that the colour of the associated roofs serving the play equipment should be reconsidered in a dark green or grey or other suitable alternative colour and that the starkness of the existing boundary fences be addressed with the provision of planting.

Councillor S Bull expressed his satisfaction that Albury Parish Council was supportive of the application.  He stated that noise resulting from children and young people playing was a fact of life and he would be supporting this retrospective application.

Councillor P Moore commented on the viability of local pubs that relied on fine dining to survive and did not have play areas in the garden.

Councillor G Jones stated that the key issue was whether the outdoor play equipment was inappropriate in this location.  He commented that this issue should be weighed against the viability of the business.  Councillor G Jones was concerned that the applicant had stated that the pub was barely breaking even, even though the play equipment was already installed.

Councillor T Page stated that the arguments against this application were thin and there did not seem to be a significant weight of objections aside from a small number of the immediate neighbours.  He stressed that there was no evidence of harm and it was not for the Committee to inform the applicant how his business should be run.

Councillor Mrs R Cheswright expressed sympathy with the immediate neighbours.  She commented on the expense and quality of the installed play equipment and shared the concerns of Councillor P Moore regarding retrospective applications.

Councillor M Newman commented that the changes made since the previous application should mitigate the noise concerns.  He stated that the Conservation Officer’s suggested use of colour should reduce the visual impact the play equipment would blend into the surrounding landscape.

Councillor M Alexander reminded Members that the key issue was whether or not this application complied with policy GBC3 of the East Herts Local Plan Second Review April 2007, in terms of whether the impact of the play equipment was appropriate or inappropriate.

The Director stressed that the retrospective nature of the application should have no bearing on the decision and that the Committee should only consider the planning issues relevant to the application.  The Director also advised against comparisons with other applications across the District which were likely to result from different circumstances.

Members were advised that the issue of business viability could be given some weight in that the play equipment would attract a family clientele which could enhance the viability of the pub.  The Director stressed that the key issue however, was whether the benefit of the development outweighed the harm that was caused by virtue of inappropriate development in the rural area.

Councillor G Jones proposed and Councillor P Moore seconded, a motion that application 3/12/0076/FP be refused on the grounds that the proposed development constituted inappropriate development in the Rural Area and the visual impact of the play equipment and the noise and disturbance associated with its use would cause harm to the rural character of the site and its surroundings.  The development was therefore contrary to policies GBC3, ENV1 and BH6 of the adopted East Herts Local Plan April 2007, and the National Planning Policy Framework.

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.  The Committee also authorised enforcement action on the basis now detailed.

RESOLVED – that (A) in respect of application 3/12/0076/FP, planning permission be refused for the following reason:

1.            The proposed development constitutes inappropriate development in the Rural Area.  The visual impact of the play equipment and the noise and disturbance associated with its use causes harm to the rural character of the site and its surroundings.  The development is therefore contrary to policies GBC3, ENV1 and BH6 of the adopted East Herts Local Plan April 2007, and the National Planning Policy Framework.

(B)       the Director of Neighbourhood Services, in consultation with the Director of Internal Services, be authorised to take enforcement action under section 172 of the Town and Country Planning Act 1990 and any such further steps as may be required to secure the removal of the existing unauthorised play equipment.

Period for compliance: 2 months

Reason: The proposed development constitutes inappropriate development in the Rural Area.  The visual impact of the play equipment and the noise and disturbance associated with its use causes harm to the rural character of the site and its surroundings.  The development is therefore contrary to policies GBC3, ENV1 and BH6 of the adopted East Herts Local Plan April 2007, and the National Planning Policy Framework.