Agenda, decisions and minutes

Members are required to notify any substitutions by midday on the day of the meeting.

Late substitutions will not be accepted and Members attending as a substitute without having given the due notice will not be able to take part in the meeting.

Apologies for absence were received from Councillors Simon Bloxham, Alistair Willoughby, Sean Nolan, David Levett and Terry Tyler

Having given due notice, Councillor Michael Muir has advised he will be substituting for Councillor Simon Bloxham, Councillor Nigel Mason will be substituting for Councillor Sean Nolan and Councillor Amy Allen will be substituting for Councillor Alistair Willoughby.

Audio recording – 0:12

Apologies for absence were received by Councillors Simon Bloxham, Alistair Willoughby, Sean Nolan, David Levett, and Terry Tyler.

Having given due notice Councillor Michael Muir substituted for Councillor Simon Bloxham, Councillor Nigel Mason substituted for Councillor Sean Nolan, and Councillor Amy Allen substituted for Councillor Alistair Willoughby.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 15 September 2022.

RESOLVED: That the Minutes of the Meeting of the Committee held on 15 September 2022 be approved as a true record of the proceedings and be signed by the Chair.

Audio recording – 0:53

Councillor Val Bryan, as Chair, proposed and Councillor Tom Tyson seconded and, following a vote, it was:

RESOLVED: That the Minutes of the Meeting of the Committee held on 15 September 2022 be approved as a true record of the proceedings and be signed by the Chair.

Members should notify the Chair of other business which they wish to be discussed at the end of either Part I or Part II 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 Chair will decide whether any item(s) raised will be considered.

There was no other business notified.

Audio recording – 1:39

There was no other business notified.

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 Chair 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, wishing 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.

(1)  The Chair advised that, in accordance with Council Policy, the meeting would be audio recorded;

(2)  The Chair drew attention to the item on the agenda front pages regarding Declarations of Interest and reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question.

(3)  The Chair gave advice to the registered speakers on the speaking procedure and time limits

(4)  The Chair advised that there would be a comfort break if required

Audio recording – 1:43

(1)  The Chair welcomed those present at the meeting

(2)  The Chair advised that, in accordance with Council Policy, the meeting would be audio recorded;

(3)  The Chair drew attention to the item on the agenda front pages regarding Declarations of Interest and reminded Members that, in line with the Code of Conduct, any Declarations of Interest need to be declared immediately prior to the item in question.

(4)  The Chair gave advice to the registered speakers on the speaking procedure and time limits

(5)  The Chair advised that there would be a comfort break if required

To receive petitions, comments and questions from the public.

The Chair confirmed that the registered speakers were in attendance

Audio recording – 2:58

The Chair confirmed that the registered speakers were in attendance:

• Councillor Gerald Morris
• Reed Parish Councillor Ken Langley
• Mark Whitby
• David Lazenby
• Kate Sargent
• Claire Graham
• Councillor Lisa Nash

Councillor Sam North was not present

RESOLVED: That the application 22/00910/FP be GRANTED planning permission subject to the reasons set out in the report of the Development and Conservation Manager and the following additional condition:

“Condition 10

Prior to the completion of the development hereby permitted and prior to the first use of the development as a reservoir, or within 12 months of the date of this decision notice, whichever is the sooner, full details of a disposal/reprofiling plan of any excess imported material not required in connection with the development shall be submitted to and thereafter approved in writing by the Local Planning Authority. Such details shall include a timetable of implementation for the proposed works. Such works shall thereafter be carried out in complete accordance with the approved details or particulars and in accordance with the agreed timetable unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that any excess material imported onto the site is removed or dispersed appropriately following the completion of the development, in the interest of visual amenity.”

Audio recording – 3:40

Anne McDonald presented the report and gave a verbal presentation, which included:

·         There are three updates on this item. Councillor Hill has written in in support of the objections set out by Councillor Morris in the report.

·         Following the publication of the report Councillor Morris submitted some additional queries regarding the possible 20 cubic metres obstruction of water. These were put to the agent and a response received which has been emailed round. This response also provided drainage plans which are displayed in the presentation. Also there is an update to paragraph 4.3.6 in the last sentence to read that water would be pumped through mobile irrigation equipment  to use on the surrounding agricultural land.

·         The third update is that Councillor Tyson submitted 6 queries following the publication. A response was received and was emailed round earlier today

·         Another update is that the description of development has been amended. The published report states retention of 5500 cubic metres of soils for an engineering operation to create an agricultural reservoir. This has been changed to retention of 11936 cubic metres of soil to create an agricultural reservoir with the capacity of 5500 cubic metres. The agent has confirmed agreement of that amended description.

·         This is a full application seeking the retention of soil that has been previously imported on the site and for the soil to be regraded and for an agricultural reservoir to be created

·         The reservoir is to be filled primarily by rainwater and surface runoff and this will be used to water existing crops.

·         The location of the reservoir is in an area of open countryside between Bush Wood and Rokey Wood.

·         The slides displayed showed a plan of the previously imported material which forms a rough U shape. As set out in the planning history, the previous importation of soil. Due to the reservoir not being able to be filled the works were no longer considered to be a viable project.

·         The banks must be a maximum of 4m-5m high and the reservoir is to hold 5500 cubic metres. The remaining soil is to graduate down to the farm along the south side. The side of the banks are to be planted with wildflower mix and a landscaping condition for any additional tree planting and/or fencing is recommended.

·         There is concern locally about how viable it is for the reservoir to be filled and will this harm water levels remaining in the catchment area and will this harm water levels in local ponds and streams. The Environment Agency raised no objection to the application. The slides displayed shows the drainage routes set out in the farm and is forming a network. the supporting information sets out that the rain water collected from the roofs of the farm and farm yard are to primarily fill the reservoir, along with runoff from fields which would be collected through these drainage ditches.

·         In regard to extraction, the reply from the agent is that if extraction is  ...  view the full minutes text for item 16.

RESOLVED: That the application 22/01657/FP be GRANTED planning permission subject to the reasons set out in the report of the Development and Conservation Manager

Audio recording – 40:36

Anne McDonald presented the report and gave a verbal presentation, which included:

·         There is one update which is the addition of condition 4 which states that prior to the erection of the canopy, the marquee is to be dismantled and removed from the site.

·         This is a full application for a small section of canopy roofs just alongside the main pathway from the car park to the main building which is already covered by a canopy.

·         The marquee is an unauthorsied structure and will go, the proposed canopy will be open and is the same height as the existing canopy.

·         The application has been called in the committee for determination by Councillor Dennis-Harburg and the applications recommended for conditional permission

There were no questions from Members.

The Chair invited Mark Whitby to speak against the application.

Mark Whitby thanked the Chair for the opportunity to address the Committee and gave presentation, including:

·         I represent a group of 5 neighbours who live immediately opposite the garden centre

·         We have watched a slow intensification of the use of the garden centre and have had good relationships with the planners and seen that two applications have gone to appeal and been refused.

·         With the new owners we have seen further intensification of the use of the garden centre.

·         This is the fourth of five applications which have been made since March 2021.

·         The first two were made during lockdown and we were not informed for the works and was passed by delegated powers despite the fact they created a 65% increase in covered areas on the site

·         These areas which were formerly used for the display of plants and pots were now dedicated to things such as hot tubs and teddy bears.

·         There are plant pots and bagged materials now occupy car parking space. The result of this is the car park spilling out onto the adjacent field.

·         We want the owners of the site to come forward with a master plan rather than a series of small applications

·         The impact of this growth and use of the site is significant on the site. We have increased traffic as a result and we have problems exiting our driveways due to the road layout.

·         This is a green belt site.

·         The marquee was put on the site demonstrates inappropriate use of the previous areas they were using for the display of plants and our argument is that they don’t need this extension and they can use the existing areas.

There were no points of clarification.

The Chair invited David Lazenby to speak for the application.

David Lazenby thanked the Chair for the opportunity to address the Committee and gave presentation, including:

·         I am the applicant and I work at the garden centre company that owns Hitchin garden centre. I’ve worked and known the garden centre for about 7/8 years.

·         This is a minor addition to the garden centre but will make a significant improvement to the garden centre

·         The reason  ...  view the full minutes text for item 17.

RESOLVED: That the application 22/01448/FP be GRANTED planning permission subject to the reasons set out in the report of the Development and Conservation Manager

Audio recording – 1:06:25

Anne McDonald presented the report and gave a verbal presentation, which included:

·         This is a full application for five detached houses

·         Members will remember a five house scheme was approved as an appeal and then amended to allow brief accommodation under a section 70 approval. This appraisal follows the layout of these permissions

·         The houses open space and visitor parking are all in the same locations

·         The houses in plots 1-4 have the same ridge height as approved under the section 70 approval and the house in plot 5 is lower

·         The side flank of the plot 5 is the same distance away from the neighbour as the scheme.

·         These houses have got larger footprints and are of a contemporary design

·         In numbers terms, the proposal represents an increase in the size of the footprints in comparison to the section 70 permission of 61% across all 5 plots. As most houses have increased in footprints. However there is no material change

·         They have good sized gardens and excess the minimum standards and have ample parking in excess of the parking SPD are all proposed

·         The increase in the footprint does not represent any harm or reason to refuse the scheme

·         The design of the houses is more contemporary than the approved schemes with large sections of glazing. There is no objection to this

·         The houses are set in from the road and the existing trees with screen these giving the development an attractive setting

·         It is recommended for conditional permission

There were no questions from Members.

The Chair invited Kate Sargent to speak against the application.

Kate Sargent thanked the Chair for the opportunity to address the Committee and gave presentation, including:

·         I am representing residents of Manor Close and Lodge Court.

·         There are many planning concerns associated with this development that have been repeatedly raised by a large number of local residents

·         There are concerns related to the additional traffic and pedestrian risk that it would generate

·         There are concerns of the ecological devastation of an area that is home to a wide variety of species.

·         There are concerns of its proximity to a conservation in the heritage area

·         There are concerns of the detrimental impact it will have on the parking in Lodge Court

·         This development remains outside of the Emerging Local Plan which has yet to be approved

·         There are concerns of the additional pressure on the villages sewerage system

·         There are concerns of the loss of privacy and light that the residents of Manor Close will be forced to accept

·         We will be raising the repeated failure of the District Council to appropriately recognise or address these concerns

·         An earlier iteration of this was approved on appeal by the planning inspector when it consisted of two 2 bed properties, two 3 bed properties and one 4 bed property. It was approved for the reason that it was believed to meet a local need for housing that constituted the special circumstances for building  ...  view the full minutes text for item 18.

RESOLVED: That the application 22/01173/FP be GRANTED planning permission subject to the reasons set out in the report of the Development and Conservation Manager

Audio recording – 1:24:20

Thomas Howe presented the report and gave a verbal presentation, which included:

·         The plot is a first-floor unit within the London Road high street area. It is designated as a local centre in the Emerging Local Plan and there is a retail area in the Knebworth neighbourhood plan.

·         There are two updates for the application. In the principal development section policy KBL3 from the Knebworth neighbourhood plan should be referenced. However the principal development is still supported as its not the loss of retail space and its not the loss of a service.

·         The unit was most recently used as a tattoo studio which can be seen in the photos displayed in the presentation

·         The flat would be laid out as two bedrooms and a large dining/living room/kitchen area. It will also have an ensuite and a main bathroom

·         Another update on the site history of the report has an application which says pending. This is the change of use from a tattoo parlour to a massage parlour. This was granted conditional permission on 4^th October.

·         The flat would benefit from large internal areas exceeding space standards set nationally with built in storage on the first-floor level and within the stairwell. It would benefit from various amenities from the high street such as shops, leisure, employment opportunities and transport links. Buses and the railway station which is in walking distance. Whilst there is no parking provided, this is a sustainable location that does not necessarily require a vehicle.

·         The surrounding area does benefit from various retail uses within the class E use class

The following Members asked questions:

·         Councillor Michael Muir

·         Councillor Tom Tyson

In response Thomas Howe advised:

·         When you look at the street view it looks like it was in use by the tattoo parlour in April 2021, but there was no information received when it was vacated

Nurainatta Katevu also clarified that the tattoo parlour and the application for it to change to a massage parlour is a different application to the one we are considering today of residential use

The Chair invited Claire Graham to speak against the application.

Claire Graham thanked the Chair for the opportunity to address the Committee and gave presentation, including:

·         I am objecting on behalf of Knebworth Parish Council due to the lack of parking provision required by parking policy and impact on local business

·         This property is part of the local centre which is small as we are a village

·         The property was a tanning salon prior to being a tattoo parlour and has recently received planning approval to become a massage parlour.

·         Loss of business premises regardless of category will have a negative impact on the vitality of the village centre because business brings in potential customers for other shops

·         In recent years two pharmacies, a better shop, a builder’s merchant and a bank have all been lost from the high street. The builder’s merchant has been replaced by 47 assisted living flats and  ...  view the full minutes text for item 19.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

The Development and Conservation Manager advised that he had nothing to update Members on.

Audio recording – 1:49:34

Simon Ellis advised that he has nothing to update Members on and opened for any questions.

There were no questions.

Councillor Val Bryant thanked Simon Ellis for all his work as he is leaving North Herts and this is possibly his last meeting.