Decision details

Councillor Ian Moody declared that he was acting as Member Advocate on the item and would therefore not take part in the debate and vote.

RESOLVED: That application 18/02722/FP be REFUSED planning permission for the following reasons:

(1)       The application site is within an area designated in the North Hertfordshire District Local Plan no.2 with Alterations as Green Belt, within which there is a presumption against inappropriate development, such as that proposed, unless very special circumstances can be demonstrated. In the view of the Local Planning Authority the proposal is not supported by such very special circumstances. Moreover, it would harm the fundamental aim of Green Belt policy which seeks to maintain the openness of the area. As such, the proposal would not accord with the provisions of Policy 2 of the District Local Plan no.2 with Alterations 1996 or with the provisions of Section 13 of the National Planning Policy Framework (NPPF).

(2)       In the opinion of the Local Planning Authority, the emerging plan is at an advanced stage but is not yet formally part of the development plan for the area. The proposed development and the cumulative effect of other proposed land allocations in this locality, would be so significant, that to grant planning permission would undermine the plan making process by predetermining decisions about the scale, location or phasing of new development that are central to the emerging Plan as demonstrated by the extent of unresolved objections to the proposed land allocation, Policy CD5 of the Emerging North Hertfordshire District Local Plan (2011-2031) (Incorporating Modifications) which mean only limited weight can be applied to this policy. The proposal is therefore premature under the provisions of Paragraph 49 (a) and guidance on weight to be applied to emerging policies under paragraph 48 (b) of the National Planning Policy Framework (NPPF).

(3)       At the time of determination the planning application, the subject of this decision notice, has not been accompanied by a valid legal undertaking (in the form of a completed S106 Obligation) securing the provision of the requisite infrastructure and financial contributions towards off site infrastructure or on site affordable housing. The secure delivery of these obligations is required to mitigate the impact of the development on the identified services in accordance with the adopted Planning Obligations SPD, Saved Policy 51 of the North Hertfordshire District Local Plan No. 2 - with Alterations or proposed Local Plan Policy HS2 of the Submission Local Plan (2011-2031). Without this mechanism to secure these provisions the development scheme cannot be considered as a sustainable form of development contrary to the requirements of the National Planning Policy Framework (NPPF).

Proactive Statement:

Planning permission has been refused for this proposal for the clear reasons set out in this decision notice. The Council acted proactively through positive engagement with the applicant in an attempt to narrow down the reasons for refusal but fundamental objections could not be overcome. The Council has therefore acted proactively in line with the requirements of the Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.