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.

There were no apologies for absence received or substitutions made at the meeting.

Councillor Terry Tyler was absent.

Audio recording – 1 minute 9 seconds

N.B. Councillor Phil Weeder entered the meeting at 19:31

There were no apologies for absence received.

Councillor Terry Tyler was absent.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 9 February 2023.

RESOLVED:That the Minutes of the Meeting of the Committee held on 9 February 2023 be approved as a true record of the proceedings and be signed by the Chair.

Audio recording – 1 minute 34 seconds

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

RESOLVED:That the Minutes of the Meeting of the Committee held on 9 February 2023 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 – 2 minutes 31 seconds

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 clarified the speaking process for public participants.

(4)  The Chair advised that Section 4.8.23(a) applied to the meeting.

Audio recording – 2 minutes 35 seconds

(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 clarified the speaking process for public participants.

(4)  The Chair advised that Clause 4.8.23(a) of the Constitution applied to the meeting.

To receive petitions, comments and questions from the public.

The Chair confirmed that the registered speakers were in attendance.

Audio recording – 3 minutes 55 seconds

The Chair confirmed that the registered speakers were in attendance.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the Tree Preservation Order TPO/00204 (2022) for a group of 10 English Oak (Quercus Robur) was confirmed.

Audio recording – 4 minutes 8 seconds

The Planning Officer provided the following update:

·         Tree Preservation Order (TPO) TPO/00204 (2022) was being presented to the Committee due to objections to the serving of the notice.

·         The spinney had come to the attention of the Planning Team so it was prudent to investigate the value of the trees.

The Planning Officer presented the report in respect of application TPO/00204 (2022) supported by a visual presentation consisting of photographs and plans.

In response to the question from Councillor Simon Bloxham, the Planning Officer advised that there was no current reported damage caused by the trees, however residents were concerned of damage that could arise.

Councillor Morgan Derbyshire proposed, Councillor Sean Nolan seconded, and following a vote, it was:

RESOLVED: That the Tree Preservation Order TPO/00204 (2022) for a group of 10 English Oak (Quercus Robur) was confirmed.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the Tree Preservation Order TPO/00205 (2022) – G1 – for a group of 25 Pine Trees was not confirmed.

Audio recording – 11 minutes 6 seconds

The Planning Officer provided the following update:

·         The TPO was in response to an application to fell five pine trees at Sollershott Hall (reference 22/02634/TCA), which was refused in November 2022.

·         There had been two letters of objection to the TPO, with issues raised including road lifting, potential danger of falling deadwood, damage to the fabric of Sollershott Hall and original drainage systems.

The Planning Officer presented the report in respect of application TPO/00205 (2022) supported by a visual presentation consisting of photographs and plans.

The following Members asked questions:

·         Councillor David Levett

·         Councillor Daniel Allen

·         Councillor Tony Hunter

In response to the questions, the Planning Officer advised:

·         The TPO covered a group 25 pine trees.

·         The TPO was served in December 2022.

·         The trees concerned provide significant landscape and amenity value from assessment.

·         There was some root uplifting reported in the assessment, however it was felt that removal of the trees would be more harmful.

In response to the question from Councillor Daniel Allen, the Acting Development and Conservation Manager advised that letters were sent to everyone involved in the Tree Preservation Order but was unaware of the delays in receipt.

The Committee, Member and Scrutiny Manager advised that the letter was dated 29 March 2023, and that the Council could not be responsible for delivery of the letter.

The Legal Adviser advised that the agenda would have been available to the public in line with the legal deadline before the meeting. Two members of the public had registered to speak for the item, so appropriate notice was given.

The Acting Development and Conservation Manager further advised that the Council had six months to confirm the TPO after it was served. If the TPO was not confirmed within the timeframe, it would fall away, and the trees would become vulnerable.

In response to a question from Councillor Hunter, the Acting Development and Conservation Officer advised that the TPO was bought to the Committee as a TCA had been submitted.

The Chair invited Yasmin-Kate Pattison to present in objection to the Tree Preservation Order. Ms Pattison thanked the Chair, provided a verbal presentation and advised:

·         A request had been submitted to the Letchworth Heritage Foundation in 2022 which did not have any issues.

·         An Independent Health and Safety Risk Assessment found that the tree roots had damaged and lifted the driveway at Sollershott Hall, which was the main access point to the building and left the pathway unsafe.

·         An Engineer Report had found one tree leant towards Block 34-39, which posed a risk to the building.

·         There were plans to replant the trees after the driveway had been upgraded.

The Chair invited Richard Dennis to present in support of the Tree Preservation Order. Mr Dennis thanked the Chair, provided a verbal presentation and advised:

·         The trees added amenity value and encouraged wildlife to the area.

·         It would take a long time to replace the trees if they were felled. Therefore, a TPO should  ...  view the full minutes text for item 66.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the Committee noted the report.

Audio recording – 58 minutes 18 seconds

The Acting Development and Conservation Officer advised:

·         There had been 6 new planning appeals in the last monitoring period. All appeals had been dismissed by the Inspector.

·         21/02973/PIP Land East of Picknage Road appeal was dismissed on landscape value impact.

RESOLVED: That the Committee noted the report.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the Committee noted the report.

Audio recording – 59 minutes 43 seconds

The Acting Development and Conservation Manager advised that there were no specific points to raise for this item.

RESOLVED: That the Committee noted the report.

To consider passing the following resolution:

That under Section 100A of the Local Government Act 1972, the press and Public be excluded from the meeting on the grounds that the following report will involve the likely disclosure of exempt information as defined in Paragraphs 5 and 7 of Part 1 of Schedule 12A of the said Act (as amended).

RESOLVED: That under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting on the grounds that the following report will involve the likely disclosure of exempt information as defined in Paragraphs 5 and 7 of Part 1 of Schedule 12A of the said Act (as amended).

Audio recording – 1 hour 25 seconds

Councillor Val Bryant, as Chair proposed, Councillor Alistair Willoughby seconded, and following a vote, it was:

RESOLVED: That under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting on the grounds that the following report will involve the likely disclosure of exempt information as defined in Paragraphs 5 and 7 of Part 1 of Schedule 12A of the said Act (as amended).

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the Committee noted the report.

N.B. This item was considered in restricted session and therefore no recording is available.

The Acting Development and Conservation Manager advised that the update covered more than one quarter and there was nothing specific to bring to the attention of the Committee.

RESOLVED: That the Committee noted the report.