Agenda item

Recommended for Approval.

Steve Baker addressed the Committee against the application.  Robert Allaway spoke for the application.

The Director of Neighbourhood Services recommended that, subject to the applicant or successor in title signing a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, in respect of application 3/13/0118/OP, outline planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor J Jones, as the local ward Member, acknowledged the significant concerns of local residents.  He also stated that Officers had recommended approval of the application as the Authority had not demonstrated a 5 year supply of housing land. 

Councillor J Jones stressed that no more housing should be allocated to Buntingford until the most suitable sites had been identified via the District Plan.  He commented that Buntingford had seen an additional 165 dwellings built over and above the housing allocated to the town in the East Herts Local Plan Second Review April 2007.

Councillor J Jones stressed that more sustainable sites were available in Buntingford and a sequential test should be conducted for sites north and south of Hare Street Road.  He requested that application 3/13/0118/OP be refused.

Councillor S Bull stated that prematurity was a valid reason for refusing this application.  He stressed that the site was in the rural area beyond the green belt and approving this application would be contrary to sustainability policy in the NPPF.  The application was also contrary to policies GBC2 and GBC3 of the East Herts Local Plan Second Review April 2007.

Councillor Bull emphasised that this site was unsustainable in terms of lack of transport, particularly cycle lanes.  The site also lacked employment opportunities for residents and lacked high speed broadband.  He stated that this site had no natural boundaries leaving this location open for further development.  Councillor Bull concluded that application 3/13/0118/OP should be refused as development on this site would dominate the town.

Councillor P Moore stated that the application was unsustainable as the infrastructure was not in place to support the extra houses.  Councillor Moore expressed concerns that the full planning permission could be for more than the 100 houses proposed by this outline application.

The Director advised that the issue of the acceptability of various sites for development was an ongoing consideration for the Planning Policy Team when making an assessment of suitable housing sites in East Herts to be included in the District Plan.  Members were advised that the emerging District Plan must be compliant with the national policy and the most recent housing supply figures.

The Director advised that, the work undertaken to consider the assessment of potential housing sites in East Herts indicated development of some significant scale was likely in Buntingford.  Members were advised that all of the potential development sites in Buntingford would have the same impact on the nearby infrastructure.

In response to queries from Councillor M Newman, the Director stressed that the outline nature of this application meant that all other matters were reserved apart from access.  In addition to access therefore, Members should only concern themselves with the principle of development on this site.

Members were reminded that outline applications allowed for some degree of latitude about the number of dwellings which may finally come forward on any given site.

Members were also advised that legal advice had been sought regarding the issue of land supply. The situation which the Council was now addressing and was not an uncommon one and was one which many Authorities were addressing.

Councillor M Newman stated that he saw no reason why the Committee should support this application as all of the indicators were that this application should be refused.

In response to a query from Councillor G Jones regarding the presumption in favour of sustainable development, the Director advised that a presumption in favour of sustainable development was referred to in the NPPF as being the central thread for all decision making on planning applications.

Members were advised that the Highway Authority and the Education Authority, as well as Officers responsible for Parks and Open Spaces, had not stated that this application would cause significant or demonstrable harm to Buntingford.

The Director stated that Officers felt that this application did not fail the test of Sustainability that was set out in the NPPF. 

Councillor S Bull proposed and Councillor G Lawrence seconded, a motion that application 3/13/0118/OP be refused on the grounds that the application was premature and was contrary to policies GBC2 and GBC3 of the East Herts Local Plan Second Review April 2007 and, in terms of the impact of the application on education, public transport, health facilities and local leisure provision, the proposals were contrary to policy SD1 of the East Herts Local Plan Second Review April 2007 and the policies of the National Planning Policy Framework.

After being put to the meeting and a vote taken, this was declared CARRIED.  The Committee rejected the recommendation of the Director of Neighbourhood Services as now submitted.  Councillor M Alexander requested that the unanimous vote for the decision be recorded.

RESOLVED – that in respect of application 3/13/0118/OP, planning permission be refused for the following reasons:

1.            The site lies in the Rural Area Beyond the Green Belt as defined in the East Herts Local Plan Second Review, April 2007, where development will only be allowed for certain specific purposes.  The proposals do not represent an acceptable form of development in that respect and are, therefore contrary to the aims and objectives of policies GBC2 and GBC3 of the East Herts Local Plan Second Review April 2007.  Prior to the publication of the East Herts District Plan, Part 1: Strategy, development at this time would prejudice the assessment process currently underway which will lead to the identification of land and the preferred strategy for residential and other development across the district.  The proposals are therefore contrary to the objectives set out in that respect in the National Planning Policy Framework.

2.    The proposed development, if permitted to proceed in advance of a full assessment of the impact of this and other potential development in the town, which may come forward through the District Plan process, will constitute an unsustainable form of development, particularly in relation to the impact and demand placed upon education, public transport, health facilities and local leisure provision.  The proposal is therefore contrary to policy SD1 of the East Herts Local Plan Second Review April 2007 and the policies of the National Planning Policy Framework.

Summary of Reasons 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 set out in this decision notice, the proposal is not considered to achieve an acceptable and sustainable development in accordance with the Development Plan and the National Planning Policy Framework.