Agenda, decisions and minutes

Apologies for absence had been received from Councillor Sue Ngwala.

Having given due notice Councillor Val Bryant advised that she was substituting for Councillor Ngwala.

Apologies for absence had been received from Councillor Sue Ngwala.

Having given due notice Councillor Val Bryant advised that she was substituting for Councillor Ngwala.

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

RESOLVED:  That the Minutes of the meeting of the Planning Control Committee held on 19 April 2018 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 19 April 2018 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, 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.

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

(2)       The Chairman welcomed back the Members that had previously served on the Committee and those that were new to this Committee;

(3)       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;

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

(5)       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;

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

(7)       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

(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 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.

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

(2)       The Chairman welcomed back the Members that had previously served on the Committee and those that were new to this Committee;

(3)       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;

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

(5)       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;

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

(7)       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

(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 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, 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 11 registered speakers and 1 Member Advocate (Councillor Albert) were present.

The Chairman confirmed that 11 registered speakers and 1 Member Advocate (Councillor Albert) were present.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Residential development of eight dwellings, garages, parking and landscaping.  New access road, car park for existing surgery, relocation of existing electricity substation and double garage and store attached to existing garage for 'Chadwick' (as amended by drawings received 7th November 2017, 11th January 2018, 9th February 2018 and 19th March 2018).

RESOLVED:That planning application17/02316/1 be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager and subject to the amended Condition 7 and additional condition 22 below.

Condition 7

The approved details of landscaping shall be carried out before the end of the first planting season following either the first occupation of any of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of 5 years from the completion of the development, die, are removed or become seriously damaged or diseased, shall be replaced during the next planting season with others of similar size and species.

Reason: To safeguard and enhance the appearance of the completed

development and the visual amenity of the locality.

Condition 22

Details of the solar panels to be installed and used on the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced and the approved details shall be implemented on site.

The details to be submitted and approved shall include the following:

(a) details as to whether solar panels are feasbile at this site;

(b) the number and location of all solar panels and;

(c) details of the design and finish of the solar panels to be installed.

If feasible, solar panels shall be installed to the two affordable residential units which are required under Condition 4.

Reason: To ensure that the development will have an acceptable appearance which does not detract from the appearance and character of the surrounding

area.

Residential development of eight dwellings, garages, parking and landscaping.  New access road, car park for existing surgery, relocation of existing electricity substation and double garage and store attached to existing garage for 'Chadwick' (as amended by drawings received 7th November 2017, 11th January 2018, 9th February 2018 and 19th March 2018).

The Strategic Planning Officer presented a report in respect of planning application 17/02316/1 supported by a visual presentation consisting of plans, drawings and photographs of the site.

The Strategic Planning Officer advised that the site was situated north-west of Barley and included existing access from the High Street leading to the front of the surgery and round to the rear of the surgery, which accommodated an electricity sub-station.

The entirety of the site was located in the Barley Conservation Area and under the current (1996) Local Plan the whole of the site was outside of the village boundary, however, under the emerging Local Plan the land at the Gables was within the boundary with the paddock being outside of the boundary.

The proposal was for 8 new dwellings and improvements to the front car park and new rear car park at the surgery together with associated landscaping. The existing sub-station would be relocated within the site, next to the new car park.

The proposal also included improvements to the existing access to the High Street widening the access to allow suitable access for wider vehicles such as emergency vehicles.

There would be a central green area and attenuation for drainage for the site.

The development would consist of detached and semi-detached and terraced 2 to 4 bed dwellings with varied designs that were in keeping with the area.

The development would not be visible from the High Street and would not be overly prominent in the landscape which, in the officer’s view, would provide a logical extension to the village

The Strategic Planning Office informed Members that the Parish Council had raised an objection that the development would reduce the amount of green space causing harm to the Barley Conservation Area and the listed White Posts property.

He advised that any harm caused by the development had to be weighed against the benefits and consideration should be given to the housing supply as detailed in Paragraph 4.3.5 of the report.

The site was considered sustainable as it was on the edge of a category A village, identified in the emerging Local Plan.

The benefits of the proposal included improvements to the Surgery, the removal of the sub-station that would allow an expansion of the surgery in the future and the provision of housing in Barley, including two affordable units.

It was acknowledged that part of the site was outside the village boundary and that the development would result in harm to the Grade II listed building, but this was outweighed by the benefits.

It was the Officer’s recommendation that the application be approved, subject to the conditions contained in the report.

Parish Councillor Yvonne Lee, Barley Parish Council, thanked  ...  view the full minutes text for item 6.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Application for approval of reserved matters comprising of access, landscaping, layout, scale and appearance of Phase 1 the development (pursuant to Outline application 14/02485/1 granted 07/12/2016) as amended by plans received on 22 December 2017; 30 January 2018; 27 March 2018; 18 April 2018; and 02 May 2018.

RESOLVED: That application 17/02627/1 be GRANTED planning permission, subject to the conditions and reasons contained in the report of the Development and Conservation Manager and subject to the amended Condition 11 and additional condition 12 below.

Condition 11

Notwithstanding the plans hereby approved, an amended site plan and elevation details showing provision of external residential storage for dwellings suitable for at least 3 bins and a caddy, that is accessible, must be submitted to and approved in writing by the Local Planning Authority.

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.

Condition 12

Prior to commencement of that part of the development further details regarding the enclosure and equipment and long-term management and maintenance of the local areas of play will be submitted to and approved in writing by the Local Planning Authority.

Application for approval of reserved matters comprising of access, landscaping, layout, scale and appearance of Phase 1 the development (pursuant to Outline application 14/02485/1 granted 07/12/2016) as amended by plans received on 22 December 2017; 30 January 2018; 27 March 2018; 18 April 2018; and 02 May 2018.

The Planning Officer advised that an additional condition was required as follows:

“Prior to commencement of that part of the development further details regarding the enclosure and equipment and long-term management and maintenance of the local areas of play will be submitted to and approved in writing by the Local Planning Authority.

The local areas of play should be subsequently implemented, managed and maintained in accordance with the details of this condition”.

The Planning Officer updated the Committee as follows:

The response received from the Highways Authority had not been recorded in section 3 of the report. A response had been received from the Highways Authority with no objection, subject to the conditions, Paragraph 4.3.20 discussed those conditions.

Outline permission had already been approved subject to conditions and a Section 106 agreement and this application was to consider reserved matters of access, appearance, landscape, layout and scale.

The Planning Officer presented the report of the Development and Conservation Manager in respect of planning application 17/02627/1.supported by a visual presentation consisting of plans, drawings and photographs of the site.

Mr Mike Cummins thanked the Chairman for the opportunity to address the Committee in objection to application 17/02627/1

Mr Cummins advised that he was speaking on behalf of the residents of the Garden Walk area of Royston.

He and his wife had followed the application from the original application through to today.

Whilst they became resigned to the loss of the green and pleasant land in question, it was clear that Royston needed housing, particularly affordable housing and residents wanted positive expansion that would not be detrimental to the Town or the area in general. However, the rate of expansion of Royston, through this and other developments, was alarming and the number of new proposals was becoming a concern.

In these austere times the income for the town from new housing would be welcome but the infrastructure in the Town needed to be advanced to cope with that expansion. Anyone living in the town would know how difficult it was to get an appointment with a doctor or dentist, to dispose of items at the recycling depot when it was full or even to simply drive through the town at peak times.

The state of the roads would only become worse if more people use them and maintenance was neglected through insufficient funding.

The Town must grow and improve to accommodate the increasing population.

In Garden Walk traffic was an issue with two schools, a football club, a Brownie hut and existing additional development. The prospect of further additional traffic resulting from the opening of the end of Garden Walk onto the new development was causing concern.

The two reasons given for access to  ...  view the full minutes text for item 7.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Part change of use from Class A1 (Retail) to create separate Class A5 (Hot Food Takeaway). Alterations to shopfront and erection of external fume extraction flue.

RESOLVED: That application 18/00278/FP be REFUSED planning permission, for the following reason:

By way of its size and design the proposed external flue would fail to improve the character or quality of the area or the way it functions and thereby respond poorly to the site's local context. The proposal would therefore be contrary to Section 7 of the National Planning Policy Framework and Policies SP9 and D1 of the North Hertfordshire Emerging Local Plan 2011-2031.

A short comfort break was taken at this point.

Part change of use from Class A1 (Retail) to create separate Class A5 (Hot Food Takeaway). Alterations to shopfront and erection of external fume extraction flue.

The Development Officer presented the report of the Development and Conservation Manager in respect of planning application 18/00278/FPsupported by a visual presentation consisting of plans, drawings and photographs of the site.

The Development Officer advised that Members that the proposal was to sub-divide the building, with part of it becoming a hot food outlet which would require external alterations and an external flue that would rise to roof level to discharge.

Environmental Health had no objection subject to conditions regarding noise, extraction and operating hours and Highways had raised no objection.

He advised that, on balance, he recommended that the proposal be granted.

Ms Monika Shieff and Ms Michelle Harris thanked the Chairman for the opportunity to address the Committee in objection to application 18/00278/FP.

Ms Shieff advised Members that she had four objections, being smell, noise, fire and vermin.

As the owner of the flat directly above the proposed fish and chip shop, the smell would be unbearable, as it would be directly below her bedroom window.

The smell would be constant and would no doubt ruin her furniture, clothes etc.

The smell of fish and fat would be carried throughout the neighbourhood as the extractor would not remove it completely.

The extractor was proposed to be erected on the side of her flat, which gave passageway to both flats above and this would send noise vibrations into the second bedroom, bathroom and corridor.

The proposed new door to the takeaway was located directly below the window of the main bedroom and the fish and chip counter directly under the second bedroom.

The danger of fire in a place that used a big fryer was undeniable and there was no escape route for Nos 5 and 7 in the case of fire.

These things were examples of how a change of use would affect her personally, however the development would have an effect on the whole neighbourhood, as the passageway leading to Nos 5 and 7 had long been the target of vandalism, graffiti and litter, the Police, Priory School, Hightown Housing and the Council were all aware of these problems.

In the past she had approached the owners of the Spar shop regarding the rubbish that was always flying around the shop and received the response that it was the Council’s problem.

Given that the owners of the proposed takeaway had proved not to be concerned with cleanliness or any consideration towards the neighbourhood, the vermin that such a shop would create was undeniable.

Ms Harris informed Members that the London Regional Director of Public Health England stated “Our high streets are increasingly saturated with takeaways and our school children consume too much unhealthy food”.

It was well documented that, as a nation, the UK had a massive problem with increasing levels of obesity and type 2 diabetes. A third of  ...  view the full minutes text for item 8.

REPORT OF THE DEVELOPMENT AND CONSEVATION MANAGER

Change of Use of agricultural land to provide dog training/exercise facilities

RESOLVED: That application 17/04255/FP.be GRANTED planning permission, subject to the conditions and reasons set out in the report of the Development and Conservation Manager and subject to the following additional conditions:

1.         Within 6 months of the date of this planning permission, the applicant shall have entered into a legal agreement with Hertfordshire County Council to secure the implementation of a surface improvement scheme for BOAT Offley 20 which accesses the application site.

Reason: To ensure a maintenance programme for upgrading the condition of the BOAT from additional traffic caused by this development, in the interests of highway safety and amenity.

2.         The use of land hereby permitted shall cease within 2 years of the date of this decision notice unless the works secured through Condition 1 above have been implemented in full.

Reason: If the maintenance programme required under Condition 1 cannot be secured within a reasonable timeframe this use of land must cease, in the interests of highway safety and amenity.

A Member expressed concern that the objectors left the room before the public participation regarding this item was concluded.

The Planning Lawyer confirmed the wording of the Member Code of conduct regarding this matter.

The Chairman agreed to consult with the Monitoring Officer regarding this matter.

Councillors Barnard and Frost returned to the room.

Change of Use of agricultural land to provide dog training/exercise facilities.

The Development and Conservation Manager informed Members that since the report was written he had held further discussions with Herts County Council Highways and Rights of Way Officers. It was recognised that this was a rural enterprise which would cause additional traffic on a byway and Highways had recommended two additional conditions being:

1.         Within 6 months of the date of this planning permission, the applicant shall have entered into a legal agreement with Hertfordshire County Council to secure the implementation of a surface improvement scheme for BOAT Offley 20 which accesses the application site.

Reason: To ensure a maintenance programme for upgrading the condition of the BOAT from additional traffic caused by this development, in the interests of highway safety and amenity.

2.         The use of land hereby permitted shall cease within 2 years of the date of this decision notice unless the works secured through Condition 1 above have been implemented in full.

Reason: If the maintenance programme required under Condition 1 cannot be secured within a reasonable timeframe this use of land must cease, in the interests of highway safety and amenity.

In his view, these conditions would meet two of the objectives in the Planning Policy Framework being:

Paragraph 28

To promote rural enterprise and diversification to encourage sustainable rural businesses.

Paragraph 17

To protect living conditions.

These conditions struck a reasonable balance to manage the business and prevent damage to the right of way.

The Development and Conservation Manager presented the report in respect of planning application 17/04255/FP supported by a visual presentation consisting of plans, drawings and photographs of the site.

Councillor Strong, registered Councillor Advocate, was not present at the meeting.

Councillors Faye Frost and David Barnard, speaking under the Councillors right to speak, thanked the Chairman for the opportunity to address the Committee in objection to application 17/04255/FP.

Councillor Frost advised that she had called in the application due to the strong contrary views of the Parish Council and declared that she lived along byway 20.

She stated that she had been advised that she could not speak as a Councillor Advocate due to her position on the District Council and was exercising her right to speak and presenting the following information as a serving Parish Councillor on Offley and Cockernhoe Parish Council.

She had listened to all debates with an open mind and left the meetings where the application was discussed prior to any decisions being made.

Councillor Frost informed Members that East Lodge was situated behind BOAT 20, which was a farm track that was the main access route for agricultural vehicles to service the fields surrounding the property.

Heavy traffic along the track had led to its degradation, creating large pot holes that had cost the County Council a lot of money to fill.

After many years of campaigning Byway 20, which was also subject to criminal activity, was recently downgraded, with two heavy metal gates installed, preventing  ...  view the full minutes text for item 9.

REPORT OF THE DEVELOPMENT AND CONSEVATION MANAGER

Detached agricultural grain store and grain dryer.

RESOLVED: That application 17/04314/FP be GRANTED planning permission, subject to the conditions and reasons set out in the report of the Development and Conservation Manager.

Councillor Spencer-Smith returned to the room

Detached agricultural grain store and grain dryer.

Councillor Harry Spencer-Smith declared a declarable interest in that he knew the applicant and had received hospitality from him in the last 12 months. Councillor Spencer-Smith advised that advised that he would like to speak on the item and would then leave the room for the debate and vote.

The Development and Conservation Manager presented the report in respect of planning application 17/04314/FP supported by a visual presentation consisting of plans, drawings and photographs of the site.

The Development and Conservation Manager advised that the applicant had submitted details regarding Condition 9, but this had been received too late to re-consult in time for this meeting and therefore would be submitted separately as a consent for discharge of a condition.

Mr Richard Pilkington, Applicant, thanked the Chainman for the opportunity to address the Committee in support of application 17/04314/FP.

Mr Pilkington advised that he would highlight the need for the grain store and dryer on a single site and drew attention to the following:

·                In respect of Health and Safety in he agricultural industry, there was particular danger where large vehicles entered and manoeuvred when filled with grain.

·                The existing grain stores could not tip modern trailers which were 14 tonne trailer which lifted up to 8 metres high.

·                Existing grain storage not large enough.

·                In order to comply with specifications required by the grain merchants they needed to bring down moisture levels in order to dry the grain to 14 percent.

·                To achieve the above they needed specialist continuous flow drying equipment that was fed by elevators to the storage facilities.

·                Combine harvesters very expensive and therefore needed to work longer hours to justify the expense.

·                They needed a fast and efficient system to handle the grain.

·                There was a certain amount of weed content in the grain so a sieving system was required to remove weeds and chaff.

·                This was a zero-sum game in respect of vehicle movements as grain would not be moved any more or less than at present.

·                Currently they took grain to Offley via the narrow High Street and this development would take those traffic movements onto Lilley Bottom Road instead.

·                At the present they had a small store, which required moving the grain in and out on a daily basis. This proposal would enable them to keep the gain and release it in line with market requirements, therefore helping with production.

·                Production could involve up to 16 lorries a day, which currently all arrived between 7am and 10 am.

Mr Pilkington concluded by stating that this was a logical extension of the business, that would make it more profitable by enabling them to meet specifications required.

Members asked why the gain store could not be placed in an industrial area and queried how many additional movements were required to take the grain away

Mr Pilkington advised that the grain store was specific to the fields and transporting this to the industrial area would involve driving  ...  view the full minutes text for item 10.

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 the Gladmans appeal would be heard on 5 and 6 September 2018 in the Council Chamber, District Council Offices.

RESOLVED: That the report entitled Planning Appeals be noted.