Agenda item

Recommended for Approval.

Dominic Bedford addressed the Committee against the application.  Graham Fisher spoke for the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/12/1805/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

In response to an enquiry from Councillor Mrs R Cheswright as to whether Officers knew the outcome of the appeal in respect of application 3/12/0814/FP, the Director confirmed that the appeal decision had not been received by Officers.

Councillor M Alexander stated that he was impressed with the conditions suggested by Officers.  He expressed concerns however, in terms of how these conditions would be enforced.  Councillor D Andrews expressed similar concerns regarding the enforceability of the conditions and the impact of the application on neighbour amenity.

Councillor A Burlton commented that 2, 3 or 4 year old children made a substantial amount of noise when playing in a residential garden environment.  Councillor M Alexander stated that the concept of this application was a lovely idea but a residential garden in a category 3 village was the wrong location.

The Director advised that there was a range of ages that would be catered for by this application, such as younger children up to and including those of school age.  Officers had acknowledged that there would be an impact of the proposed use.

Members were advised that there were controls that could be applied within and beyond the planning system.  Members must consider whether the impact of the application was acceptable in planning terms and also whether the impact on neighbour amenity could be controlled by conditions.  Members were reminded that any conditions must meet the usual 6 standard tests applied nationally.

In response to concerns from Councillors M Alexander, A Burlton and Mrs R Cheswright, the Director confirmed that the maximum number of children catered for would be 20 and Officers had attached a condition stating that there should be no more than 10 children in the garden at any time.

In response to a query from Councillor M Alexander in respect of the enforceability of that condition, the Director stressed that the applicant had a part to play in the form of good and acceptable management of the proposed use.

The Director advised that residents would be able to inform Officers if conditions were not being adhered to.  Members were reminded that the conditions applied by Officers met all of the 6 standard tests and the condition regarding children in the garden had been applied in the past by the planning inspectorate.

Councillor M Alexander proposed and Councillor A Burlton seconded, a motion that application 3/12/1805/FP be refused on the grounds that the proposed use of the site for childcare for up to 20 children would result in an unacceptable increase in noise and disturbance to neighbouring occupiers to the detriment of their residential amenity.  It would thereby be contrary to policies ENV1, EDE6 and EDE3 of the East Herts Local Plan Second Review April 2007 and the requirements of 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.

RESOLVED – that in respect of application 3/12/1805/FP, planning permission be refused for the following reasons:

1.           The proposed use of the site for childcare for up to 20 children would result in an unacceptable increase in noise and disturbance to neighbouring occupiers to the detriment of their residential amenity.  It would thereby be contrary to policies ENV1, EDE6 and EDE3 of the East Herts Local Plan Second Review April 2007 and the requirements of the National Planning Policy Framework.

Summary of Reason for Decision

In accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012, East Herts Council has considered, in a positive and proactive manner, whether the planning objections to this proposal could be satisfactorily resolved within the statutory period for determining the application.  However, for the reasons now detailed, the proposal is not considered to achieve an acceptable and sustainable development in accordance with the Development Plan and the National Planning Policy Framework.