Agenda item

Recommended for Approval.

Richard Murdock addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/12/1485/SV, the removal of Clause 4.1 of the Section 106 Legal Agreement signed on 23 August 2007 under planning reference 3/06/0314/FP be granted.

Councillor J Ranger referred to the importance of the “Ageing Well” agenda in terms of protecting the needs of the significant proportion of the East Herts population classed as elderly.  He stressed that the new District Plan should be given due weight even though the document did not currently reflect the needs of the elderly.

Councillor J Ranger confirmed that all of the houses on this site had a similar age restriction condition, in contrast to another application in Walkern where only one house had a condition attached.  Councillor J Ranger stated that the elderly residents enjoyed the quiet amenity of the site where there was limited traffic.  He urged the Committee to refuse the application on amenity grounds as removing this condition would result in an increase in traffic movements on the site.

Councillor S Bull stated that he supported the views of the local Member and would be voting to refuse this application.

In response to a query from Councillor M Newman, the Director confirmed that the site had been completed in two phases and he was aware that the northern part of the site had been constructed to lifetime home standards. Officers could not however confirm whether or not the units in the southern part of the site had also been.

The Director advised caution in that there was no policy position on which to refuse this application and a refusal may very likely be challenged on the basis that the Authority had acted unreasonably with no policy basis to justify such a decision.  In response to a query from Councillor M Alexander, the Solicitor confirmed that the policy basis on which the Section 106 agreement had been signed no longer existed.

The Director stated that there was no perceived harm linked to this application, as a removal of the age restriction would give rise to a residential situation that was common place throughout the majority of East Herts, i.e. where a range of ages lived in harmony in any given housing development in the District.

In response to a comment from Councillor J Ranger and a number of other Members’ comments, the Chairman confirmed that Throcking and Cottered Parish Council had objected to the application, as detailed in the additional representations schedule.  The Director confirmed that the Committee must base any decision purely on relevant planning grounds.  He stated that the fact that existing residents were not supportive was not a relevant planning issue.

Councillor S Bull proposed and Councillor M Alexander seconded, a motion that application 3/12/1485/SV be refused on the grounds that the Council was of the view that removing the restriction could lead to a harmful impact on the residential amenity of existing and adjacent properties contrary to policy ENV1 of the East Herts Local Plan Second Review April 2007.

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 3/12/1485/SV, the removal of Clause 4.1 of the Section 106 Legal Agreement signed on 23 August 2007 under planning reference 3/06/0314/FP be refused for the following reason:

1.           The Council was of the view that removing the restriction could lead to a harmful impact on the residential amenity of existing and adjacent properties contrary to policy ENV1 of the East Herts Local Plan Second Review April 2007.