Issue - meetings

22/03094/FP Land Between Huntsridge And Ashwell House 5, High Street, Ashwell, Hertfordshire

Meeting: 23/01/2024 - Planning Control Committee (Item 167)

167 22/03094/FP LAND BETWEEN HUNTSRIDGE AND ASHWELL HOUSE 5, HIGH STREET, ASHWELL, HERTFORDSHIRE pdf icon PDF 886 KB

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of 14 dwellings including creation of access from Ashwell Street, footpath link to Lucas Lane, associated infrastructure, public open space and landscaping

Additional documents:

Decision:

RESOLVED: That application 22/03094/FP be REFUSED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager

Minutes:

Audio recording – 4 minute 31 seconds

 

The Chair advised that Councillor Tyson was to speak as a Member Advocate against this item and would therefore move to the public gallery and not take part in the debate or vote.

 

N.B Councillor Tom Tyson moved to the public gallery at 19:40

 

The Senior Planning Officer provided the following update:

 

·       Due to staffing changes, it was unclear if the site notice had been erected in 2022 as no photograph of the notice had been attached to the file. To ensure proper legal notice had been given, a notice was erected on Friday 5 January 2024.

·       This did not affect consideration of the application. However the decision notice could not be granted until the required 21 day notice period had expired. 

·       An email had been received from the Parish Council, with a proposed Section 106 (S106) provision for a pavilion project and the gifting of public open space should the application be granted planning permission.

·       An addendum to the original report had been issued which clarified the sections of the NPPF referred to in the report. 

 

The Senior Planning Officer presented the report in respect of Application 22/03094/FP supported by a visual presentation consisting of photographs and plans.

 

In response to a question from the Locum Planning Lawyer, the Development and Conservation Manager stated that:

 

·       They believed that the site notice was erected however as there was no photograph of the notice on file, a decision was made to erect a notice on the 5 January 2024.

·       The notice had been advertised in the local press and neighbours had been informed of the application shortly after the application was received in 2022.

·       Ashwell residents had previously made comments on the planning application and any new comments would be actioned.

·       A decision notice could not be issued until the 21 day notice period had expired.

·       If the Committee resolved to grant planning permission, the delay in erecting the notice would not affect this application as negotiations on S106 money would still be ongoing.

·       If the Committee accepted the recommendation of the Senior Planning Officer, then a decision notice would be issued after the 26 January 2024.

 

The Locum Planning Lawyer was reassured by the confirmation of the Development and Conservation Manager that the agenda item would return back to the Planning Committee if there were any material planning consideration representation made by the deadline of 26 January 2024, that the decision makers would need to be made aware of to review the decision they had made on the planning application, and this would be possible as the planning permission would not have been published. This way forward was a decent, to protect the Members decision from legal challenge.

 

In response to a question from Councillor Daniel Allen, the Development and Conservation Manager stated that the delay in erecting the site notice did not prevent the Committee from considering the application.

 

The Chair invited Parish Councillor Norton Mahy to speak against the application. Parish  ...  view the full minutes text for item 167