Agenda, decisions and minutes

Apologies for absence had been received from Councillors Mike Rice, Adrian Smith and Martin Stears-Handscomb.

Councillor Elizabeth Dennis was substituting for Councillor Stears-Handscomb.

Apologies for absence had been received from Councillors Mike Rice, Adrian Smith and Martin Stears-Handscomb.

Councillor Elizabeth Dennis was substituting for Councillor Stears-Handscomb.

To take as read and approve as a true record the minutes of the meeting of this Committee held on the 25 May 2017.

RESOLVED:That the Minutes of the Meeting of the Committee held on 25 May 2017 be approved as a true record of the proceedings and be signed by the Chairman.

RESOLVED:That the Minutes of the Meeting of the Committee held on 25 May 2017 be approved as a true record of the proceedings and be signed by the Chairman.

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.

There was no other business.

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 which requires they leave the room under Paragraph 7.4 of the Code of Conduct, can speak on the item, but must leave the room before the debate and vote.

(1)       The Chairman welcomed the Committee, 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 advised that Members would be using hand held microphones and asked they wait until they had been handed a microphone before starting to speak;

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

(6)       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

(7)        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 were 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 which required they leave the room under Paragraph 7.4 of the Code of Conduct, could speak on the item, but must leave the room before the debate and vote.

(1)       The Chairman welcomed the Committee, 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 advised that Members would be using hand held microphones and asked they wait until they had been handed a microphone before starting to speak;

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

(6)       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

(7)        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 were 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 which required they leave the room under Paragraph 7.4 of the Code of Conduct, could speak on the item, but must leave the room before the debate and vote.

To receive petitions, comments and questions from the public. At the time of preparing the agenda no requests to speak had been received.

Any public participation received within the agreed time scale will be notified to Members as soon as is practicable

The Chairman confirmed that the 6 registered speakers were present.

The Chairman confirmed that the 6 registered speakers were present.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Two 3-bedroom semi detached dwellings with associated parking and access off High Street (as amended by plans received on 07/02/2017).

RESOLVED:  That application 16/03082/1 be GRANTED planning permission, subject to the conditions and reasons set out in the report of the Development and Conservation Manager, and with the following amended condition:

9.       Prior to occupation, each residential property shall incorporate an Electric Vehicle (EV) ready domestic charging point.

Reason: To contribute to the objective of providing a sustainable transport network and to provide the necessary infrastructure to help off-set the adverse impact of the operational phase of the development on local air quality.

Two 3-bedroom semi detached dwellings with associated parking and access off High Street (as amended by plans received on 07/02/2017).

The Planning Officer introduced the report of the Development and Conservation Manager, supported by a visual presentation consisting of plans, drawings and photographs of the site.

The Planning Officer advised that the principle for residential development on this site had been determined through the approval of an outline and reserved matters application for one dwelling.  This application was proposed for two, 3 bed semi-detached dwellings.

The Planning Officer reminded the Committee that the application site was located on the southern edge of the village of Barkway on the road south before the Nuthampstead turn and was previously the Tally Ho’s beer garden.  The poultry farm was located 200 metres away from the site and the sewage works 300 metres away.  As could be seen from the aerial view of the site, there were a number of dwellings nearer the poultry farm and sewage works than those proposed – Ash Mill, Townsend Close and High Street.

The Planning Officer stated that the proposed dwelling houses were located approximately 30 metres from the Tally-Ho Public House.  The garden areas were located behind the proposed dwellings with a depth of 14 metres.  The orientation was facing the Tally Ho car park with the amenity space and the smaller bedroom to the rear.

The Planning Officer explained that the orientation of the two dwellings were the same as that previously approved for 1 dwelling, the difference being for a pair of 3 bed semi-detached dwellings on a slightly increase footprint to the previously granted reserved matters application.  The scheme design had been amended to sit more comfortably within the context of other dwellings within Barkway.

The Planning Officer advised that, following deferral of the application at the May 2017 Committee meeting, Anglian Water and Thames Water were asked to comment on the cordon sanitaire.  However, because the site was under 10 dwellings, they did not have any further comments to make.  Environmental Health were also asked to make further comment with regard to the Poultry Farm.  No objections were raised and Environmental Health confirmed that no recent complaints had been received from properties that were closer to the farm.

The Planning Officer was aware of the representation submitted by the local Ward Member, Councillor Gerald Morris, which had been circulated to the Committee.  She did not propose to go through the representation in detail, but would be prepared to answer any questions relating to the issues raised in the representation.

Parish Councillor Sonia Falsachi-Ray (Chairman of Barkway Parish Council) addressed the Committee in objection to application 16/03082/1.

Parish Councillor Falsachi-Ray advised that a Mr and Mrs Hall had bought the Tally Ho pub a number of years ago for £220,000 and had carried out an extensive refurbishment.  At that time, they asked the Parish Council for permission to build one house on the beer garden site for their own use, thereby turning derelict  ...  view the full minutes text for item 22.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of four floodlights (height 15m) to rugby pitch.

RESOLVED:  That application 17/00781/1 be GRANTED planning permission, subject to the following conditions and reasons:

1.       The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.       The development hereby permitted shall be carried out wholly in accordance with the details specified in the application and supporting approved documents and plans listed above.

Reason: To ensure the development is carried out in accordance with details which form the basis of this grant of permission.

3.       The use of the lights, hereby approved, is until 9.00 pm only on Mondays - Fridays (inclusive) except on Public and Bank Holidays when the lights shall not be used.

Reason: To protect local amenity.

4.       The lights hereby approved shall be painted green in colour, to match the existing lights at the tennis courts, and shall be permanently retained in this colour.

Reason: To protect local amenity.

5.       Before the lights hereby approved are erected on site, full details of any 'buffers' to the sides or rear of the lights required to prevent light spill outside of the rugby pitch ground area, are to be submitted to and agreed in writing by, the Local Planning Authority.  The approved details are to be erected on site before the first use of the lights and thereafter permanently retained.

Reason: To protect local amenity.

Erection of four floodlights (height 15m) to rugby pitch.

The Senior Planning Officer introduced the report of the Development and Conservation Manager, supported by a visual presentation consisting of plans, drawings and photographs of the site.

The Senior Planning Officer reported two updates to the report.  The first was that there was a typographical error in the tenth line of the reasons for refusal – the word should be “and” not “an”.  The second was that 30 letters of support to the application had been received.  These letters supported the rugby club application, but had the wrong application reference number, with the application reference number for the hockey club application stated.

The Senior Planning Officer advised that the application was proposing four, 15 metre high floodlights, with a bar with three floodlights on the top of each post.  She commented that the rugby posts and the lights at the nearby tennis courts were 8 metres in height.

The Senior Planning Officer stated that the rugby pitch was in a very open part of the Heath, with clear views from Baldock Road to the south. As the lights were to be erected with two on each side of the rugby pitch, with the goal posts at either end, she considered that this resulted in visually enclosing the pitch.  She considered that this would be harmful to the open setting of the Heath, contrary to its character, and was recommending that planning permission be refused on this basis.

Mr Mick Clarke (Royston Rugby Club) addressed the Committee in support of application 17/00781/1.

Mr Clarke advised that, in terms of planning balance, good planning practice looked at the arguments for and against development.  He considered that the arguments for development in the case of application 17/00781/1 were numerous.  All of the experts/agencies consulted had supported the application, including Natural England and Hertfordshire Ecology, whose light and UV requirements the applicants would be happy to meet.  Royston Town Council had unanimously supported the application, as had the Conservators tasked with the protection of the Heath.

Mr Clarke stated that the Conservators were tasked to ensure that “the Heath is to be maintained for the benefit of the people of Royston and Therfield for them to have somewhere to play sport and to enjoy the open air”.

Mr Clarke commented that the applicants had written to neighbours about the proposals and had conducted a drop-in session.  He referred to the 30 letters of support to the application, including some form residents who lived directly opposite to where the floodlights would be located.

Mr Clarke was of the opinion that the Senior Planning Officer’s recommendation to refuse planning permission could be viewed as a very subjective interpretation of planning guidance.  For example, the report suggested that due to visual dominance and sense of enclosure the lights would be harmful to the open character of the Heath.  Yet this was a space which currently had temporary floodlights operating on every weekday evening over the autumn/winter.  The Senior  ...  view the full minutes text for item 23.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Outline application (appearance and scale reserved) for residential development of 13 dwellings together with associated access road (as amended by plans received 15.3.17).

RESOLVED:  That, subject to the objections from the Lead Local Flood Authority being overcome, application 16/02237/1 be GRANTED outline planning permission, subject to the conditions and reasons set out in the report of the Development and Conservation Manager, and inclusive of the following additional condition:

18.     Notwithstanding the layout shown on drawing RT1608 Rev G the garage shown on plot 10 shall be positioned such that maintenance of the boundary is practical.

Reason: To ensure maintenance of the shared boundary.

Outline application (appearance and scale reserved) for residential development of 12 dwellings together with associated access road (as amended by plans received 15.3.17).

The Planning Officer introduced the report of the Development and Conservation Manager, supported by a visual presentation consisting of plans, drawings and photographs of the site.

The Planning Officer advised this was an outline application (appearance and scale reserved) for residential development of 12 dwellings (not 13 as stated in the title of the report), together with associated access road (as amended by plans received 15/03/17).  The application site was on the northern edge of Barkway village within the boundary as defined in the emerging Local Plan.  The application site was an allocated site in the new plan - BK1.

The Planning Officer referred to the well-defined site boundary, comprising trees and shrubs.  There was an Ash tree on the front boundary that was proposed to be removed to allow improved access to the site.  This had necessitated the removal of one housing unit.  Two affordable dwellings were proposed, one for affordable rent and the other for shared ownership.  The landscaping of the site would include the retention of the hedgerow and trees on the boundaries.

The Planning Officer stated that the Section 106 Agreement relating to the development had recently been signed and sealed.

The Planning Officer commented that Members would be aware that she had recommended a resolution to grant permission, subject to the removal of the Lead Local Flood Authority (LLFA) objections.  This work was still ongoing.  She had received the following comments from the LLFA:

“I would agree in principle the proposal to drain the site via deep bore soakaways with recommendation of planning conditions to provide details at later stage (specific ground investigations to confirm the feasibility and adjust the design in line with accurate infiltration rate).

However, to provide appropriate and specific advice to the planning authority, a revised drainage strategy reflecting this new approach should be provided, including an updated drawing showing the location of the deep bore-soakaway(s) and how the water will be conveyed through the development.”

Parish Councillor Sonia Falsachi-Ray (Chairman of Barkway Parish Council) addressed the Committee in objection to application 16/02237/1.

Parish Councillor Falsachi-Ray stated that whilst the Parish Council was not in total objection with the application, there were a few areas of concern regarding the scheme they wished to highlight to the Committee.

Parish Councillor Falsachi-Ray advised that each adult residing on the site would require a car to access any amenities, including middle and secondary schools for their children, workplaces, medical facilities and shops.  The proximity of the garage to proposed Plot 10 appeared to be too close to the boundary and the garden of the new house to be built next to the field, meaning that it would not be possible to maintain the hedge.

Parish Councillor Falsachi-Ray stated that the Parish Council’s main objection once again rested on concerns about insufficient car parking.  In reality, many garages were likely  ...  view the full minutes text for item 24.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of 4 x 4 bedroom detached dwellings with garages.  Erection of detached garage and two storey side extension to 1 The Aspens (as amended).

RESOLVED:  That application 16/01932/1 be GRANTED planning permission, subject to the conditions and reasons set out in the report of the Development and Conservation Manager, and with the following amended and additional conditions:

11.     Prior to the commencement of development, a Construction Method Statement shall be submitted to and approved in writing by the local planning authority in consultation with the highway authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Statement.  The Construction Method Statement shall address the following matters:

a.    Off site highway works in order to provide temporary access throughout the construction period, work shall be completed prior to the commencement of development, and reinstated as required;

b.    Construction and storage compounds (including areas designated for car parking);

c.    The Siting and details of wheel washing facilities;

d.    Cable trenches within the public highway that affect traffic movement of existing residents;

e.    Foundation works that affect traffic movement of existing residents;

f.     Access to electric substation/control building;

g.    Cleaning of site entrance and the adjacent public highways;

h.    Disposal of surplus material; and

i.     Hours of working taking into account residents’ amenity.

                 Reason: In the interests of highway safety, amenity and free and safe flow of traffic.

19.     Before the occupation of any of the dwellings hereby permitted, the car parking facilities, including garage spaces, shown on the approved plan shall be marked out and made available, and shall thereafter be kept available solely for the parking of motor vehicles.

Reason: To ensure the provision of satisfactory car parking facilities clear of the public highway to meet the needs of the development.

Erection of 4 x 4 bedroom detached dwellings with garages.  Erection of detached garage and two storey side extension to 1 The Aspens (as amended).

The Area Planning Officer introduced the report of the Development and Conservation Manager, supported by a visual presentation consisting of plans, drawings and photographs of the site.  By way of an update to the report, he advised that the Council’s Conservation Officer had no objections to the revised scheme.

The Area Planning Officer advised that the aerial slide showed the location of the application site off The Aspens and to the rear of properties in Wymondley Road.  The site was within a predominantly residential area, comprising mainly two storey houses.  The residential density of the area varied, with lower density housing along Wymondley Road and greater density housing in Westwood Avenue and The Aspens.  All vehicular and pedestrian access would be off The Aspens.  A recent extension to The Aspens development in 2011 which was shown on the right of the application site and comprised 4 detached dwellings on a site very similar in size to this proposed development site of approximately 0.35 hectares.  The site included No. 1 The Aspens which is proposed to be extended to the side and a garage re-provided.  The site included two groups of trees protected by two separate Tree Preservation Orders.  The site itself was relatively flat, with the majority of trees located along the site boundaries.

The Planning Officer explained that the second slideshowed the originally submitted proposals for this site which involved the extension to No. 1 The Aspens and six detached dwellings, served via vehicular access off The Aspens.  As the report stated, a number of concerns were expressed with regard to the number of dwellings proposed and their consequent impact on existing trees within the site and around the site boundaries and the impact of the trees on the living conditions of the prospective occupiers of the development in terms of dominance, shading and leaf debris.   It was noted that two of the proposed dwellings were partially sited within the root protection zones of trees along the southern boundary.

The Area Planning Officer commented that the third slide showed the current proposals – there was a 33% percent reduction in the number of houses proposed from six to four.  The density of the development was now 17 dwellings per hectare, which was comparatively low for this urban area.  Plots 3 & 4 had been relocated north away from the southern boundary trees and plot 1 located away from the beech tree in the north east corner.  The built development had been pulled further away from all of the site boundaries.  A new Tree Protection Order had been established and confirmed on the three mature trees along the southern boundary.

The Area Planning Officer referred to a number of supplementary documents which had been submitted to clarify the detail of the scheme and these included the following:

·                A tree Survey Report;

·                An Arboricultural Method Statement;  ...  view the full minutes text for item 25.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the report on Planning Appeals be noted.

The Area Planning Officer presented the report of the Development and Conservation Manager entitled Planning Appeals.  He advised that, since the last meeting of the Committee, three planning appeals had been lodged and five planning appeal decisions had been received, all as detailed in the report.

RESOLVED: That the report on Planning Appeals be noted.