Agenda, decisions and minutes

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

Councillor Val Shanley was substituting for Councillor Michael Muir.

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

Councillor Val Shanley was substituting for Councillor Michael Muir.

To take as read and approve as a true record the minutes of the meeting of this Committee held on the 14 September 2017.

RESOLVED:  That the Minutes of the meeting of the Planning Control Committee held on 14 September 2017 be approved as a true record of the proceedings and signed by the Chairman.

RESOLVED:  That the Minutes of the meeting of the Planning Control Committee held on 14 September 2017 be approved as a true record of the proceedings and 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 notified.

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 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;

(7)       The Chairman advised Members of the Committee and members of the public about the process regarding the items about Land at Junction of Potters Heath Road and Danesbury Park Road, Welwyn.

The Committee would listen to the information and ask questions regarding item 6 after which Members of the press and public would be excluded and Members will consider Item 11.

Once consideration of Item 11 was complete, members of the public and press would be invited to return to the room, at which time the Committee would undertake any further Part 1 debate required and make a decision.

Following completion of these items there would be a 10 minute recess to allow members of the public to leave if they wished to do so.

(8)       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;

(7)       The Chairman advised Members of the Committee and members of the public about the process regarding the items about Land at Junction of Potters Heath Road and Danesbury Park Road, Welwyn.

The Committee would listen to the information and ask questions regarding item 6 after which Members of the press and public would be excluded and Members will consider Item 11.

Once consideration of Item 11 was complete, members of the public and press would be invited to return to the room, at which time the Committee would undertake any further Part 1 debate required and make a decision.

Following completion of these items there would be a 10 minute recess to allow members of the public to leave if they wished to do so.

(8)       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 and presentations from members of the public.

The Chairman confirmed that the 6 registered speakers and 2 Member Advocates were present.

The Chairman confirmed that the 6 registered speakers and 2 Member Advocates were present.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Retrospective application for change of use of land to use as a residential caravan site for two gypsy families, each with two caravans including no more than one static mobile home, erection of two utility buildings, additional hardstanding, associated parking spaces, erection of entrance gates, timber fence and ancillary works (as amended by plan no. 3 and site layout plan received  7/12/16).

RESOLVED:

(1)       That officers be authorised to write, without delay, to the Planning Inspectorate to confirm that, in light of a material change in circumstances, North Hertfordshire District Council as Local Planning Authority would be inviting the appointed inspector to grant conditional planning permission;

(2)       That officers be authorised to write, without delay, to all those who submitted representations to the Local Planning Authority prior to the determination of the planning application and to those third parties who have registered to appear at the Public Inquiry of the Local Planning Authority’s decision, setting out the reasons for this decision;

(3)       That officers be authorised to write to the Appellant, without delay, to invite a planning  application similar to that originally submitted (planning ref: 16/02460/1) so that the Local Planning Authority can consider such an application in the light of information now available which includes the personal circumstances of the Appellant and occupiers and the Council’s interim Gypsy, Traveller and Showperson Accommodation Assessment Update (2017);

(4)       That, subject to the receipt of a re-submitted planning application, officers be authorised to write to the Planning Inspectorate to suggest that it is no longer necessary to hold a public inquiry and/or to request that the appeal/Public Inquiry is held in abeyance pending the outcome of the Local Planning Authority’s decision on the re-submitted planning application. In the circumstances that the appeal is to proceed, officers be authorised to make representations on a change in appeal procedure to a written appeal.

REASON FOR DECISION: To enable the Committee to consider the position of the Local Planning Authority at the Planning Public Inquiry scheduled for 5th – 7th December 2017, having regard to material changes in circumstances since the refusal of planning application ref: 16/02460/1 and the advice received from professional witnesses and Counsel.

The Chairman called a brief recess to enable members of the public to leave the meeting if they wished to do so.

Retrospective application for change of use of land to use as a residential caravan site for two gypsy families, each with two caravans including no more than one static mobile home, erection of two utility buildings, additional hardstanding, associated parking spaces, erection of entrance gates, timber fence and ancillary works (as amended by plan no. 3 and site layout plan received  7/12/16).

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

The Development and Conservation Manager advised that Members had before them a legal opinion on behalf of Codicote Parish Council and an appeal decision which, he had been informed, had been emailed out in advance of the meeting.

The legal opinion had been reviewed by the Council’s appointed barrister, who had provided further written response.

He stated that he had been advised by the Council’s Corporate Legal Manager and Monitoring Officer that he could not reveal the content of this further advice in Part 1, however copies would be distributed to Members in Part 2 for their consideration.

He did however confirm that the Council’s barrister strongly disagreed with the position taken by Codicote Parish Council’s barrister.

The Development and Conservation Manager advised that, as this was not a typical planning report and recommendation and the decision was not to grant or refuse planning permission, he would summarise the position for the benefit of Members.

Members were not being asked to grant or refuse planning permission, but were being advised to review the Council’s position in relation to the forthcoming appeal.

As things stand and regardless of the decision made this evening, the decision regarding whether or not planning permission should be granted rested with the appointed Planning Inspector.

A set out in Paragraph 7.1 of the report, Members resolved to refuse planning permission for this development at the meeting held on 17 January 2017. This was contrary to the officer recommendation to grant temporary 3 year planning permission.

Paragraph 7.3 of the report detailed that an appeal against this decision was received in March 2017.

In an appeal proceeding, the Planning Inspectorate decided the method of appeal to be used to enable the planning inspector to reach a decision. In this case the Inspectorate had decided that the appeal must be decided by way of a public inquiry rather than a hearing or written representations. The inquiry dates were set for 3 days commencing on 5 December 2017.

The purpose of a public inquiry was to enable all members and parties to present evidence for their position and to allow that evidence to be scrutinised under cross examination. Each party would normally have legal representation at the inquiry.

As Members were aware, Planning Officers are unable, under their professional Code of Conduct, to present evidence on behalf of the Council which was contrary to their professional view.

As the Officer view, in this case, was that a temporary planning permission was justified, this  ...  view the full minutes text for item 71.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Residential development of 46 no. dwellings, children's play area, two new sports pitches, pavilion building and associated infrastructure.

RESOLVED: That, application 17/01406/1 be REFUSED planning permission, subject to the conditions and reasons as set out in the report of the Development and Conservation Manager.

Residential development of 46 no. dwellings, children's play area, two new sports pitches, pavilion building and associated infrastructure.

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

Mr Richard Young, speaking in objection to the application, thanked the Chairman for the opportunity to address the Committee.

Mr Young informed Members that he was not going to speak about the many reasons for refusing the application that were included on the officer’s report, but would rather concentrate on a couple of key areas.

There were two main reasons for refusal being the impact on the village and the location of the application site outside of the village.

Ashwell was an historic village with over 1,000 years of history.

The visual approach to the site would have a significantly urbanising effect on the village, not only from Station Road, but also from the Slip End access, which was significantly higher and looked down onto the site.

In terms of the impact on the village, the primary school had no capacity, with several sales of houses in the village not proceeding due to there being no places available.

Clearly 46 additional house, would place a significant demand on the local amenities.

These houses would create significant additional traffic issues both in and out of the village.

In terms of the location of the site, it was right on the very edge of the village and was the furthest away from the centre than any other building in the village.

It was on the absolute limit of where anyone would walk and therefore it was almost certain that anyone travelling to the village from this site would use a car, there were no parking spaces in the middle of the village and the village was already highly congested with traffic, particularly at the weekends and anybody living on this site would need to commute for work

The journey along Station Road included a very dangerous junction with Lucas Lane, where there had been numerous accidents including one fatality and this development would add to the traffic issues.

The journey in the opposite direction included the junction with the A505 which was an extremely dangerous junction where there had again been numerous accidents and this development would again compound the issues.

The site was outside of the village boundary, and was not included in the Local Plan and was therefore an opportunistic development. This was purely an opportunity for the landowner to make money and there was no support from the village for this development.

Mr Young concluded by stating that the village could not cope with these additional houses, there was already significant development in the village, the location would urbanise a beautiful village and result in a significant increase in traffic using dangerous junctions.

He asked Members to refuse permission.

Mr Stuart Booth, Applicant’s Agent, thanked the Chairman for the opportunity to address the Committee.  ...  view the full minutes text for item 72.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Use of land for gas fired electricity generating station to deliver electricity during times of peak demand of up to 49.99 MW.

RESOLVED: That application 17/01195/1 be REFUSED planning permission, subject to condition 1 and the reasons as set out in the report of the Development and Conservation Manager.

Use of land for gas fired electricity generating station to deliver electricity during times of peak demand of up to 49.99 MW.

The Senior Planning Officer advised that there were some updates to the report.

St Ippolyts Parish Council had submitted the following comment:

It was agreed to object as it was not a special enough case to warrant St Ippolyts Parish Council to support development on green belt land.

The Applicant had submitted a copy of the lease and options agreement with the landowner, which referred to the provision of a sinking fund to provide for the clearing of equipment from the site. The intention of this was to overcome the second objection and showed a clear intention to make provision for the clearance of the site after the 20 year temporary permission.

She therefore recommended withdrawal of the second reason for refusal. If Members were minded to grant the application then there should be a condition to ensure that a bond was in place before work commenced on the site.

In respect of the first reason for refusal, which stated that the development was contrary to the green belt policy, the Applicant had submitted a table showing 167 sites that had been considered in the eastern and southern region. However, having considered this table, she felt that it was such that it would not amount to very special circumstances and the recommendation for refusal on green belt grounds remained.

The Senior Planning Officer advised that the Applicant was requesting that Members consider deferring a decision, in order to allow for a further amended scheme to be submitted that would reduce the number and height of the chimneys.

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

Mr Adrian Hawkins, Wymondley Parish Neighbourhood Plan Committee, thanked the Chairman for the opportunity to address the Committee in objection to the application.

Mr Hawkins advised that he wished to draw attention to certain aspects regarding the application and suggest further reasons for refusal.

There was growing concern about air pollution and the residents of Wymondley, in particular Little Wymondley, were particularly concerned about the pollution levels that would emanate from this power station.

North Herts District Council were meticulous in measuring the air quality at the Three Moorhens in Stevenage Road and following extensive dialogue with the Environmental Protection Officer, it was acknowledged that, although there were long term measurements of air quality PM 10 and various other obnoxious air pollutants, particularly those emitted by motor vehicles, there were no long term measurements regarding PM 2.5.

PM 2.5 was recognised by Public Health England as contributing to the premature death of 29,000 people in the UK and the World Health Organisation estimated that this contributed to the premature death of 4.3 million people worldwide.

The residents of Wymondley, who were bordered by the A1M to the west, the A602 to  ...  view the full minutes text for item 73.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the report entitled Planning Appeals be noted.

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

RESOLVED: That the report entitled Planning Appeals be noted.

To consider passing the following resolution:

That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 5 of Part 1 of Schedule 12A of the said Act.

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 5 of Part 1 of Schedule 12A of the said Act.

[Note:  The definition of Paragraph 5 referred to above is as follows:

5.       Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.]

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 5 of Part 1 of Schedule 12A of the said Act.

[Note:  The definition of Paragraph 5 referred to above is as follows:

5.       Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.]

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Retrospective application for change of use of land to use as a residential caravan site for two gypsy families, each with two caravans including no more than one static mobile home, erection of two utility buildings, additional hardstanding, associated parking spaces, erection of entrance gates, timber fence and ancillary works (as amended by plan no. 3 and site layout plan received  7/12/16).

RESOLVED: That the report regarding application 16/02460/1 - Land at Junction of Pottersheath Road and Danesbury Park Road, Welwyn be noted.

Retrospective application for change of use of land to use as a residential caravan site for two gypsy families, each with two caravans including no more than one static mobile home, erection of two utility buildings, additional hardstanding, associated parking spaces, erection of entrance gates, timber fence and ancillary works (as amended by plan no. 3 and site layout plan received 7/12/16).

This item was discussed prior to a decision being made in the public item on this subject (Minute 71 refers).

The Chairman allowed 15 minutes for Members to read the legal advice and appeal decision presented by Codicote Parish Council.

The Development and Conservation Manager presented the report and following a detailed discussion, including many questions posed by Members to the Officers it was:

RESOLVED: That the report regarding application 16/02460/1 - Land at Junction of Pottersheath Road and Danesbury Park Road, Welwyn be noted.