Agenda, decisions and minutes

Audio Recording – Session 1 – Start of Item - 14 seconds

The Acting Committee and Member Service Manager gave advice regarding fire safety.

The Acting Committee and Member Services Manager informed Members that new Audio Visual equipment and voting system had been installed in the Council Chamber.

She explained how the audio visual and voting systems worked and that voting would now take place using the unit in front of each Member instead of the raising of hands.

Once each vote had taken place the result, including who voted and how would appear on the screens around the Chamber.

Audio Recording – Session 1 – Start of Item - 14 seconds

The Acting Committee and Member Service Manager gave advice regarding fire safety.

The Acting Committee and Member Services Manager informed Members that new Audio Visual equipment and voting system had been installed in the Council Chamber.

She explained how the audio visual and voting systems worked and that voting would now take place using the unit in front of each Member instead of the raising of hands.

Once each vote had taken place the result, including who voted and how would appear on the screens around the Chamber.

Audio Recording – Session 1 – Start of Item - 1 minute 59 seconds

Apologies for absence had been received from Councillors Cathryn Henry and Ian Mantle.

Having given prior notice, Council Val Shanley advised that he would be substituting for Councillor Henry.

Having given prior notice, Council Val Bryant advised that she would be substituting for Councillor Mantle.

Audio Recording – Session 1 – Start of Item - 1 minute 59 seconds

Apologies for absence had been received from Councillors Cathryn Henry and Ian Mantle.

Having given prior notice, Council Val Shanley advised that he would be substituting for Councillor Henry.

Having given prior notice, Council Val Bryant advised that she would be substituting for Councillor Mantle.

To take as read and approve as a true record the minutes of the meeting of this Committee held on the 19 July 2018.

These Minutes are to follow.

Audio Recording – Session 1 – Start of Item - 2 minutes 44 seconds

Committee Services had offered their apologies that the Minutes of the meeting held on 19 July 2018 had not been published.

These Minutes would be circulated to all Members of the Committee in the next couple of weeks and would be considered for agreement at the next meeting.

Audio Recording – Session 1 – Start of Item - 2 minutes 44 seconds

Committee Services had offered their apologies that the Minutes of the meeting held on 19 July 2018 had not been published.

These Minutes would be circulated to all Members of the Committee in the next couple of weeks and would be considered for agreement at the next meeting.

Members should notify the Chairman of other business which they wish to be discussed by the Committee at the end of the business set out in the agenda. They must state the circumstances which they consider justify the business being considered as a matter of urgency.

The Chairman will decide whether any item(s) raised will be considered.

Audio Recording – Session 1 – Start of Item -  3 minutes 3 seconds

There was no other business.

Audio Recording – Session 1 – Start of Item -  3 minutes 3 seconds

There was no other business.

Members are reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and are required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda.  Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item. Members declaring a Declarable Interest, wished to exercise a ‘Councillor Speaking Right’, must declare this at the same time as the interest, move to the public area before speaking to the item and then must leave the room before the debate and vote.

Audio Recording – Session 1 – Start of Item - 3 minute 6 seconds

(1)       The Chairman welcomed the officers, general public and speakers to this Planning Control Committee Meeting;

(2)       The Chairman announced that Members of the public and the press may use their devices to film/photograph, or make a sound recording of the meeting, but he asked them to not use flash and to disable any beeps or other sound notifications that emitted from their devices;

(3)       The Chairman reminded Members and speakers that in line with Council policy, this meeting would be audio recorded;

(4)       The Chairman requested that all Members, officers and speakers announce their names before speaking;

(5)       The Chairman clarified that each group of speakers would have a maximum of 5 minutes. The bell would sound after 4 1/2 minutes as a warning, and then again at 5 minutes to signal that the presentation must cease; and

(6)       Members were reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and are required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda.  Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item. Members declaring a Declarable Interest and wished to exercise a ‘Councillor Speaking Right’, must declare this at the same time as the interest, move to the public area before speaking to the item and then must leave the room before the debate and vote.

Audio Recording – Session 1 – Start of Item - 3 minute 6 seconds

(1)       The Chairman welcomed the officers, general public and speakers to this Planning Control Committee Meeting;

(2)       The Chairman announced that Members of the public and the press may use their devices to film/photograph, or make a sound recording of the meeting, but he asked them to not use flash and to disable any beeps or other sound notifications that emitted from their devices;

(3)       The Chairman reminded Members and speakers that in line with Council policy, this meeting would be audio recorded;

(4)       The Chairman requested that all Members, officers and speakers announce their names before speaking;

(5)       The Chairman clarified that each group of speakers would have a maximum of 5 minutes. The bell would sound after 4 1/2 minutes as a warning, and then again at 5 minutes to signal that the presentation must cease; and

(6)       Members were reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and are required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda.  Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item. Members declaring a Declarable Interest and wished to exercise a ‘Councillor Speaking Right’, must declare this at the same time as the interest, move to the public area before speaking to the item and then must leave the room before the debate and vote.

To receive petitions and presentations from members of the public.

Audio Recording – Session 1 – Start of Item - 5 minutes 21 seconds

The Chairman confirmed that 6 registered speakers and 3 Member Advocates (Councillors Deakin-Davies, Jarvis and Nash) were present.

The Acting Committee and Member Services Manager informed Members that Mr John Baines, the Applicant, had advised that he no longer wished to speak on Item 10 - 18/00359/RM - Land East of Garden Walk and North of Newmarket Road, Garden Walk, Royston, Hertfordshire.

Audio Recording – Session 1 – Start of Item - 5 minutes 21 seconds

The Chairman confirmed that 6 registered speakers and 3 Member Advocates (Councillors Deakin-Davies, Jarvis and Nash) were present.

The Acting Committee and Member Services Manager informed Members that Mr John Baines, the Applicant, had advised that he no longer wished to speak on Item 10 - 18/00359/RM - Land East of Garden Walk and North of Newmarket Road, Garden Walk, Royston, Hertfordshire.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of 3 storey building to provide 9 x 2 bed flats; conversion and extension of store to 1 bed house and new vehicular access off of Station Approach (as amended by drawings received 12th and 25th October 2017).

Audio Recording of Meeting – Session 1 – Start of Item - 5 minutes 58 seconds

RESOLVED:  That, in respect of application 17/01622/1, the recommendations contained in the report of the Development and Conservation Manager be agreed.

The Chairman announced that there would be a short break to allow members of the public to leave the meeting.

Audio Recording of Meeting – Session 1 – Start of Item - 5 minutes 58 seconds

Erection of 3 storey building to provide 9 x 2 bed flats; conversion and extension of store to 1 bed house and new vehicular access off of Station Approach (as amended by drawings received 12th and 25th October 2017).

The Development and Conservation Manager updated Members regarding the appeal timetable.

Confirmation had been received from the Planning Inspectorate that the planning inquiry would take place on 4 December 2018 at 10.00 am and it was anticipated that it would last for four days.

The rest of the timetable remained as detailed in the report.

The deadline for the Council to submit its Statement of Case to the Inspectorate was 28 September 2018 and the Save Our Station Pub Group was confirmed as a Rule 6 party on 12 September 2018 and the deadline for them to submit their Statement of Case was 10 October 2018.

A Rule 6 party could participate fully in the inquiry and could provide their own evidence, experts and advocates and could be cross examined.

Proofs of Evidence would be exchanged 4 weeks before the start of the inquiry this being 6 November 2018. This was the date at which the Council had to provide the evidence being used to defend each of the reasons for refusal.

The Development and Conservation Manage presented a report in respect of planning application 17/01622/1 supported by a visual presentation consisting of plans, drawings and photographs of the site as presented at the meeting held on 19 April 2018, when the application was originally refused permission.

Mrs Alison Young, Save Our Station Pub Action Group, thanked the Chairman for the opportunity to address the Committee in objection to application 17/01622/1.

Mrs Young informed Members that she was a planning consultant appointed by the Save Our Station Pub Action Group, incorporating the Parish Council, to appear at the forthcoming public inquiry into the proposals.

The pub was a designated Asset of Community Value and was the only pub within the village of Knebworth and therefore had a vital role to play in the social sustainability of the village, which should not be underestimated.

This was a family, dormitory village and as such any operator of this, the only pub, would need to be able to accommodate a wide variety of patrons, including children and the elderly in order to be viable. This would not be possible with the restrictions that the proposed plans would place on the long term viability of the pub.

When the proposals were considered in April 2018, Members quite rightly recognised that the loss of much of the pub garden, parking, noise and odour problems together with the loss of proper servicing and the outbuildings, would very seriously reduce the ability of the public house to be run as a viable business. The result would then likely be the loss of the public house as a community asset.

The reasons for  ...  view the full minutes text for item 39.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Diversification of Sandon Bury Farm to provide an events venue and guest accommodation, comprising demolition of existing modern buildings within the Sandon Bury Farm complex, change of use of existing buildings from agricultural uses to an events venue, guest accommodation and alterations to listed and non-listed buildings (Black Barn, grain store and hay barn).

Audio Recording of Meeting – Session 2 – Start of Item - 6 seconds

RESOLVED: That application 17/04393/RM be DEFERRED to enable the full and thorough assessment of the suitability and safety of all routes to the development and that this be presented to the Committee.

REASON FOR DECISION: In the interests of highway safety.

Audio Recording of Meeting – Session 2 – Start of Item - 6 seconds

Diversification of Sandon Bury Farm to provide an events venue and guest accommodation, comprising demolition of existing modern buildings within the Sandon Bury Farm complex, change of use of existing buildings from agricultural uses to an events venue, guest accommodation and alterations to listed and non-listed buildings (Black Barn, grain store and hay barn).

The Planning Officer advised Members that a number of further representations had been received since the publication of the report as follows:

·                From a neighbour concerning issues about noise;

·                From Pegasus Group, representing the Sandon Action Group, in relation to noise.

These representations had been sent to the NHDC Senior Environmental Health Officer whose comments, dated 11 September 2018, had been circulated to Members.

Following this memo, the applicant’s consultants had commented on the representations made.

A peer review of noise impact assessment was then received from Cass Allen on behalf of Pegasus Group.

A further memo was received from the applicant’s consultants on 19 September 2018.

The NHDC Senior Environmental Health Officer had reviewed all of the representations.

The Senior Environmental Health Officer advised that his comments sought to discuss the peer review noise assessment review by Cass Allen dated 14 September 2018 and the subsequent memo from SLR dated 19 September 2018.

In terms of base line noise assessment, the original base line levels were originally deemed as acceptable and his view regarding this remained unchanged. He did not dispute the data gathered, however he had concerns that the data relied on related to only one day and therefore could be less representative of the existing noise climate.

In respect of entertainment noise, there was some disagreement between consultants regarding the methodology and guidance used to assess and predict entertainment noise. He had previously advised that he was satisfied with the approach used by SLR and, whilst noting that there were many different noise assessment methodologies, it did not automatically mean that a particular method was incorrect.

He was satisfied that the entertainment noise was unlikely to adversely affect residential amenity, providing the recommended conditions were imposed. The inclusion of the noise enclosure was vital to protect residential amenity.

It had been proposed that, Condition 7 be amended to include proprietary noise limiters, he had already deemed that the noise enclosure would be sufficient, but agreed that a noise limiting device would provide an additional guarantee regarding the overall noise levels emitted from the venue. This would normally be deregulated, under Licensing, until 11pm, therefore it may be worthwhile including it at the planning stage as an additional safeguard, with levels to be determined by an Environmental Health Officer whilst on site.

In light of the comments of the Senior Environmental Health Office, the Planning Officer recommended changes to some conditions as follows:

Condition 8 to read:

Prior to the installation of any fixed plant, a noise survey following the guidelines set out by BS4142:2014 shall be undertaken. This survey  ...  view the full minutes text for item 40.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Internal Alterations to Sandon Bury Farmhouse (grade II* listed). Refurbishment of the Black Barn (grade II* listed) to include overcladding, acoustic insulation work and alterations to existing openings. New building (Grainstore Barn) abutting northeast gable end of Black Barn. Link extension between Black Barn and Centre Barn. Alterations to Hay Barn and extension thereof to form covered entrance loggia. Internal and external alterations to the Dovecote (grade II listed) including the provision of a new roof. Internal and external alterations to the Couch House/garage Barn (grade II listed).

Audio Recording – Session 2 – Start of Item - 57 minutes 47 seconds

RESOLVED: That Listed Building application 18/00585/LBC be DEFERRED until such time as planning application17/04393/RM (Minute 40 refers) can be considered by this Committee.

The Chairman announced that there would be a short break to allow members of the public to leave the meeting.

Audio Recording – Session 2 – Start of Item - 57 minutes 47 seconds

Internal Alterations to Sandon Bury Farmhouse (grade II* listed). Refurbishment of the Black Barn (grade II* listed) to include overcladding, acoustic insulation work and alterations to existing openings. New building (Grainstore Barn) abutting northeast gable end of Black Barn. Link extension between Black Barn and Centre Barn. Alterations to Hay Barn and extension thereof to form covered entrance loggia. Internal and external alterations to the Dovecote (grade II listed) including the provision of a new roof. Internal and external alterations to the Couch House/garage Barn (grade II listed).

The Senior Planning Officer advised that, in view of the decision to defer planning application 17/04393/RM (Minute 40 refers), her recommendation was to defer this listed building application.

RESOLVED: That Listed Building application 18/00585/LBC be DEFERRED until such time as planning application17/04393/RM (Minute 40 refers) can be considered by this Committee.

The Chairman announced that there would be a short break to allow members of the public to leave the meeting.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Single storey side extension and single storey extension to existing garage to provide annexe

Audio Recording – Session 3 – Start of Item - 1 second

RESOLVED: That application 18/01994/FPH be GRANTED planning permission, as per the conditions and reasons set out in the report of the Development and Conservation Manager.

Audio Recording – Session 3 – Start of Item - 1 second

Single storey side extension and single storey extension to existing garage to provide annexe

The Senior Planning Officer presented the report of the Development and Conservation Manager in respect of planning application 18/01994/FPH supported by a visual presentation consisting of plans, drawings and photographs of the site.

The Chairman advised that this application had been referred to the Committee as the applicant was a relation of a member of the Planning Department.

It was proposed, seconded and upon the vote:

RESOLVED: That application 18/01994/FPH be GRANTED planning permission, as per the conditions and reasons set out in the report of the Development and Conservation Manager.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Reserved Matters application for the approval of landscaping, layout, access, scale and appearance relevant to the implementation of Phase 2 of the development under outline planning permission 14/02485/1 for residential development and community open space with access onto the A505.

Audio Recording – Session 3 – Start of Item - 4 minutes 9 seconds

RESOLVED: That Reserved Matters 18/00359/RM be APPROVED, subject to the conditions and reasons set out in the report of the Development and Conservation Manager with the following amendments, deletions and additions to the conditions:

Condition 9

Condition 9 to read:

“Notwithstanding the plans submitted the development shall not commence until details of design of pedestrian footway for all persons including disabled persons that connects the Phase 2 development site with circular footway approved within Phase 1 of the wider site has been submitted to and approved in writing by the Local Planning Authority and the Highway Authority. The facilities shall be provided in accordance with the approved details before the development is occupied or use commences.

Reason: In the interests of access for all within the site.”

Condition 10

That Condition 10 be deleted.

Condition 16

Condition 16 to read:

“Notwithstanding the plans hereby approved, an amended site plan and elevation details showing provision of covered external residential storage for dwellings must be submitted to and approved in writing by the Local Planning Authority. Such details should include provision for covered storage of residential paraphernalia (garden equipment), secure cycle storage for the occupants of the residential units, as well as bin stores. The details approved by way of this condition must be implemented prior to the occupation of any dwelling hereby approved.

Reason: To ensure adequate outdoor storage as required in association with the residential use of the site and promote storage of waste receptacles off-street in the interests of the living conditions of future occupiers and the character and quality of the development.”

Additional Condition

That the following condition be added:

“That the first floor windows in elevations of plots referred to in Paragraph 4.3.28 are fitted with obscure glass.”

Audio Recording – Session 3 – Start of Item - 4 minutes 9 seconds

Reserved Matters application for the approval of landscaping, layout, access, scale and appearance relevant to the implementation of Phase 2 of the development under outline planning permission 14/02485/1 for residential development and community open space with access onto the A505.

The Development and Conservation Manager advised that the second sentence of Paragraph 4.3.27 should read:

“The back to back distances are largely within 20m.”

Paragraph 4.3.28 set out plots that certain windows should have obscure glazing to prevent overlooking and associated loss of privacy, but this had not be included in the recommendation. Therefore an additional condition was required as follows:

“That the first floor windows in elevations of plots referred to in Paragraph 4.3.28 are fitted with obscure glass.”

Condition 9 needed to be clarified, as some of the work referred to in the condition was not part of Phase 2 and should read:

“Notwithstanding the plans submitted the development shall not commence until details of design of pedestrian footway for all persons including disabled persons that connects the Phase 2 development site with circular footway approved within Phase 1 of the wider site has been submitted to and approved in writing by the Local Planning Authority and the Highway Authority. The facilities shall be provided in accordance with the approved details before the

development is occupied or use commences.

Reason: In the interests of access for all within the site.”

The Development and Conservation Manager recommended deletion of Condition 10. This road network would be designed to an adoptable standard and would be adopted by the Highway Authority. Therefore this level of detail would be secured through a Section 278 agreement.

Following further discussion with the Case Officer and the Applicant, he proposed an amendment to Condition 16 so that it read as follows:

“Notwithstanding the plans hereby approved, an amended site plan and elevation details showing provision of covered external residential storage for dwellings must be submitted to and approved in writing by the Local Planning Authority. Such details should include provision for covered storage of residential paraphernalia (garden equipment), secure cycle storage for the occupants of the residential units, as well as bin stores. The details approved by way of this condition must be implemented prior to the occupation of any dwelling hereby approved.

Reason: To ensure adequate outdoor storage as required in association with the residential use of the site and promote storage of waste receptacles off-street in the interests of the living conditions of future occupiers and the character and quality of the development.”

Since the report was written comments had been received from the Environmental Protection Officer who supported Condition 17.

The Development and Conservation Manager presented the report of the Development and Conservation Manager in respect of planning application 18/00359/RM.

The Acting Committee and Member Services Manager reminded Members that Mr Baines,the Applicant, had advised that he no longer wished to speak on this Item.

Members asked  ...  view the full minutes text for item 43.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of 4 x 3 bedroom dwellings with attached garages, associated car parking spaces and new vehicular access onto Rabley Heath Road and ancillary works following demolition of existing buildings

Audio Recording – Session 3 – Start of Item - 14 minutes 31 seconds

RESOLVED: That application 18/00273/FP be GRANTED planning permission, subject to the conditions and reasons set out in the report of the Development and Conservation Manager and the additional Condition and Informative set out below.

Condition 19

The development hereby permitted shall be carried out in accordance with the recommendations set out in paragraph 4.3 of the submitted Cherryfield Ecology report as updated September 2018.

Reason: To protect and enhance biodiversity in accordance with Section 15 of the National Planning Policy Framework.

Ecology Informative

In the event of bats or evidence of them being found, work must stop immediately and advice taken on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England: 0300 060 3900.

Audio Recording – Session 3 – Start of Item - 14 minutes 31 seconds

Erection of 4 x 3 bedroom dwellings with attached garages, associated car parking spaces and new vehicular access onto Rabley Heath Road and ancillary works following demolition of existing buildings.

The Area Planning Officer advised Members that amended plans had been received that showed enlarged garages for the dwellings in order to comply with the Council’s Parking Supplementary Guidance. All of the garages would now measure 7m x 3m.

An updated ecology report had been received following a further onsite inspection survey on 11 September 2018. This report confirmed that bats were not using the buildings involved in this scheme, but they did use the hedge along the north-eastern boundary for commuting and foraging. No further surveys or mitigation was required.

Hertfordshire Ecology had been consulted regarding this updated survey and had recommended an Informative. The Area Planning Officer also recommended an additional condition 19 that would require the development to be carried out in accordance with the recommendations contained in the updated ecology report, which included the provision for bat boxes as part of the ecological enhancement.

As a result of this report the Area Planning Officer advised that the recommendation at Paragraph 6.1 of the report should be amended to read:

“That planning permission be granted subject to the conditions and informatives contained in the report and the additional condition and informative regarding ecology.”

The Area Planning Officer presented the report of the Development and Conservation Manager in respect of planning application 18/01607/FP.

In response to questions from Members, the Area Planning Officer advised that the measurements quoted for the garages were internal measurements.

He explained the process by which the land had changed designation over a long period of time.

It was propose, seconded and upon the vote was

RESOLVED: That application 18/00273/FP be GRANTED planning permission, subject to the conditions and reasons set out in the report of the Development and Conservation Manager and the additional Condition and Informative set out below.

Condition 19

The development hereby permitted shall be carried out in accordance with the recommendations set out in paragraph 4.3 of the submitted Cherryfield Ecology report as updated September 2018.

Reason: To protect and enhance biodiversity in accordance with Section 15 of the National Planning Policy Framework.

Ecology Informative

In the event of bats or evidence of them being found, work must stop immediately and advice taken on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England: 0300 060 3900.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Audio Recording – Session 3 – Start of Item - 25 minutes 4 seconds

RESOLVED:

(1)       That  the report entitled Planning Appeals be noted;

(2)       That the Development and Conservation Manager be requested to send a copy of the NPPF 2018 to all Members and Substitutes of this Committee.

Audio Recording – Session 3 – Start of Item - 25 minutes 4 seconds

The Development and Conservation Manager presented the report entitled Planning Appeals and drew attention to the following:

Appeals Lodged

The Station, Station Approach, Knebworth, SG3 6AT

The appeal inquiry date had now been set, however, in accordance with the wishes of the Committee a request would be made to downgrade this to a hearing.

In response to a question, the Development and Conservation Manager confirmed that the Planning Inspectorate decided the appeal method and therefore did not have to downgrade this to a hearing if they did not wish to.

Land North Of Mill Croft, Royston Road, Barkway

The hearing regarding this application was due to be heard on 9 October 2018.

Appeal Decisions

Gladmans Development, Offley

This appeal had been dismissed following the Committee’s decision to refine the reasons for refusal.

Claypit Cottages

The enforcement notice appeal had resulted in a split decision. The Inspector decided that the house would have to be demolished as it had an effect on the neighbouring property, however the garage could remain. The compliance period set was three months.

Planning Committee Training

The proposed Planning Control Committee training would be deferred until after the Local Plan modifications have been published, likely to be November or December 2018.

The training would consist of two sessions, one for Parish Councils and the other for Planning Control Committee Members and Substitutes and any other Member who would like to attend.

The training would include the NPPF 2018, the status of the Local Plan and some case studies.

NPPF 2018

The Planning Lawyer requested that a copy of the NPPF 2018 be sent to all Members and substitutes of this Committee.

RESOLVED:

(1)       That  the report entitled Planning Appeals be noted;

(2)       That the Development and Conservation Manager be requested to send a copy of the NPPF 2018 to all Members and Substitutes of this Committee.