Agenda, decisions and minutes

Apologies for absence had been received from Councillors Mike Rice (Chairman) and Jean Green.

Apologies for absence had been received from Councillors Mike Rice (Chairman) and Jean Green.

To take as read and approve as a true record the minutes of the meeting of this Committee held on the 24 May 2018.

RESOLVED: That the Minutes of the meeting of the Planning Control Committee held on 24 May 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 24 May 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.

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, 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 Vice-Chairman welcomed the officers, general public and speakers to this Planning Control Committee Meeting;

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

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

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

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

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

(6)     The Vice-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 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 and presentations from members of the public.

The Vice-Chairman confirmed that 9 registered speakers and 1 Member Advocate (Councillor Collins) were present.

The Vice-Chairman confirmed that 9 registered speakers and 1 Member Advocate (Councillor Collins) were present.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Outline application for the erection of 24 dwellings (including 7 affordable dwellings), together with provision of open space with seating, a perimeter path, archaeological information boards, footpath link, landscaped bunds and access to Priors Hill. (All matters reserved except means of access.) (as amended by plan no. 10 A received 1/3/18).

RESOLVED: That planning application 17/04393/RM be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager and the revised conditions below:

Condition 11 to read:

11. (B) The demolition / development shall take place / commence in accordance with the programme of archaeological works set out in the WSI approved under condition 10.

Condition 12 to read:

12. (C) This condition shall not be discharged until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the WSI approved under condition 10 and the provision made for analysis and publication where appropriate.

Outline application for the erection of 24 dwellings (including 7 affordable dwellings), together with provision of open space with seating, a perimeter path, archaeological information boards, footpath link, landscaped bunds and access to Priors Hill. (All matters reserved except means of access.) (as amended by plan no. 10 A received 1/3/18).           

The Area Planning Officer advised that the description of the application related to the revised scheme.

There were two typographical errors in the report as follows:

Condition 11 – Page 20 should read:

11.     (B) The demolition / development shall take place / commence in accordance with the programme of archaeological works set out in the WSI approved under condition 10.

Condition 12 - Page 21 should read:

12.     (C) This condition shall not be discharged until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the WSI approved under condition 10 and the provision made for analysis and publication where appropriate.

The Area Planning Officer advised that he had received a communication from JPP Land Ltd, the applicant which summarised the proposals, this had been circulated to all Members of the Committee.

He had received information from the applicant’s archaeological agent regarding the current archaeological position at the site which stated the following:

All archaeological work was signed off by the County Council Archeological Officer, this includes the written scheme and all reports.

The County Council Archaeological Office had confirmed in writing to the Local Authority that no further archeological evaluation was required to support the application.

Historic England had welcomed the development as mechanisms would ensure the future management and safeguarding of the scheduled monument.

The Agent advised that, should the application be consented, development would be preceded with a further full archaeological excavation, which would be published for the benefit of the wider community.

The Applicant would approve of a condition to provide public open days and outreach to the local community and schools.

The skeleton found on the site was awaiting carbon dating results, due to a long delay due to unprecedented amount of archeological work being carried out by the firm undertaking the carbon dating. However, this had no bearing on the determination of this application.

The Area Planning Officer presented a report in respect of planning application 17/04393/RM supported by a visual presentation consisting of plans, drawings and photographs of the site.

He reminded Members that this was an outline application with all matters reserved, except for access.

Parish Councillor Diane Burleigh thanked the Vice-Chairman for the opportunity to address the Committee in objection to application 17/04393/RM.

Parish Councillor Burleigh, representing North Hertfordshire Archeological Society and Pirton Parish Council, informed Members that they were unaware of the applicant’s archeological report, as it had not appeared on the planning portal.

The Archeological Society, supported by the Parish Council, was seeking a deferment of this outline planning permission until such time as a sufficient archaeological evaluation of the site was completed as this was in  ...  view the full minutes text for item 17.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Reserved Matters application (appearance and scale). Residential development of 12 dwelling with associated access road. Pursuant to Outline Planning permission granted under ref 16/02237/1.

RESOLVED: That application 17/04393/RM be GRANTED planning permission, subject to the conditions and reasons contained in the repot of the Development and Conservation Manager.

Reserved Matters application (appearance and scale). Residential development of 12 dwelling with associated access road. Pursuant to Outline Planning permission granted under ref 16/02237/1.

The Senior Planning Officer presented the report of the Development and Conservation Manager in respect of planning application 17/04393/RM.supported by a visual presentation consisting of plans, drawings and photographs of the site.

The Senior Planning Officer advised that the application site was located on the northern edge of Barkway village, within the village boundary, as defined in the new Local Plan 2011-2031 and was outside of Barkway Conservation Area.

It adjoined residential development on the southern and western boundaries and paddocks on the northern boundary.

The outline application was for a residential development of 12 dwellings, together with associated access road. The matters of layout, landscaping and access were considered in the outline application and a Section 106 agreement was completed and signed. Matters of scale and appearance were reserved and formed part of this application.

All properties had electric vehicle charging points and all bins had a dedicated area within the site or rear gardens, with access to move the bins on collection days.

All properties were two storey, with heights of approximately 8 metres

They had worked with the applicant to create a development that would fit into the village of Barkway in terms of materials used.

The original scheme proposed a variety of different materials. The Parish Council raised concerns regarding the proposed materials and the applicant amended the scheme to a more simple palette with properties having expressed chimneys in order to give the roof scape interest.

Members noted the Parish Council's concerns regarding the number of parking spaces of 4 and 5 bedroomed houses and asked whether it could be conditioned that the garages could not be converted into living space.

The Senior Planning Office advised that parking had been addressed in the outline planning permission and that each property had 3 spaces, whilst the Parking SPD required only 2.

The outline application had a condition which meant that garages could not be converted.

Members queried whether solar panels had been considered and whether the roots of the trees near the access were likely to be damaged and whether it could be conditioned that the roots of the trees were protected.

The Senior Planning Officer advised that the outline planning permission had a condition regarding root protection.

Solar panels were not discussed, but each property had an electric vehicle charging point.

Upon being moved, seconded, and put to the vote, it was

RESOLVED: That application 17/04393/RM be GRANTED planning permission, subject to the conditions and reasons contained in the repot of the Development and Conservation Manager.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of two storey linked office block

RESOLVED: That application 18/00338/FP be GRANTED planning permission, subject to the conditions and reasons contained in the report of the Development and Conservation Manager and the following additional conditions:

Condition 10

Prior to the commencement of any construction work on site, the site shall be inspected by an ecological consultant and any Roman snails found shall be relocated to another suitable site in accordance with the advice of the ecological consultant.

Reason: In the interests of Roman snails which are a protected species.

Condition 11

For construction of the new car parking spaces, the ground shall be hand dug and no mechanical digging shall take place within the canopy of any tree.

Reason: In the interest of retaining the existing trees.

Erection of two storey linked office block

The Senior Planning Officer advised that this was a proposal to extend an office building.

Paragraph 3.2 of the report mentioned the possibility of there being roman snails on the site. Hertfordshire Ecology had advised that the presence of these snails should not prevent development, although any snails should be relocated. An additional condition would be required regarding this.

A condition was also required to ensure protection of the tree roots stating that trenches would be hand dug and that there would be no mechanical digging at the site of the roots of the trees.

The Senior Planning Officer presented the report of the Development and Conservation Manager in respect of planning application 18/00338/FP supported by a visual presentation consisting of plans, drawings and photographs of the site.

The office building was surrounded by trees and one tree was required to be removed.

Materials would match with the existing building and would have a lot of sustainable and green features.

Mr Philip Wharton thanked the Vice-Chairman for the opportunity to address the Committee in objection to planning application 18/00338/FP.

Mr Wharton, a local resident, advised Members that he lived in Gosmore Hill and was the nearest neighbour to the proposed development.

The site was originally a small two bedroomed building which had been replaced about 5 yeas ago and at that time Dermal had given assurances that they would not extend this building but would extend their Kempston building.

They were now looking to double the size of this building in a rural location for just 12 new jobs and they suggested that this was for the benefit of the area, yet 60 percent of staff lived outside of the area,

This development would reduce space for birds of prey, owls, bats etc.

It seemed excessive to double the size of the building for so few jobs.

There were colonies of Roman snails on the site yet no survey had been undertaken and the bat survey was out of date.

The previous owners of the site wanted to develop it but Dermal objected saying that it would damage the environment and affect wildlife.

They said that the lights in the building would be turned off at 6.30pm, this was extended to 8.30pm, but they actually remained on until 10.30 pm, with light clearly seen from the road.

If permission were to be granted there should be a condition that external and internal lighting be tuned off when no work is taking place in the building, that late night working should take place in the main building and that screening and hedging be sufficient to screen the buildings.

Members asked whether Mr Wharton accepted that the site was managed in an exemplary manner.

Mr Wharton advised that management of the site was not an issue as it was well managed with good employees. He was just concerned about the size of the building.

The Vice-Chairman thanked Mr Wharton for his presentation.

Mr Michael Yarrow,  ...  view the full minutes text for item 19.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of a gas fired Electricity Generating Station comprising gas engine casements and associated buildings and infrastructure together with means of access and landscaping/groundworks

RESOLVED: That application 17/04353/FP be REFUSED planning permission, for the following reason:

Reason for Refusal

The application site is located within an area designated in the North Hertfordshire District Local Plan no. 2 - with Alterations proposals map as Green Belt, within which there is a presumption against inappropriate development unless very special circumstances can be demonstrated. In the opinion of the Local Planning Authority this planning application proposes inappropriate development in the Green Belt, which would harm the Green Belt by reason of inappropriateness and cause harm to the purposes of the Green Belt as defined in paragraph 80 of the National Planning Policy Framework (NPPF) as follows. The proposal would cause harm to the purpose of safeguarding the countryside from encroachment. In the opinion of the Local Planning Authority the applicant has not demonstrated Very Special Circumstances which are sufficient to outweigh the substantial weight should be given to any harm to the Green Belt that is required under paragraph 88 of the NPPF. Furthermore, due to the scale, appearance of the development and its prominent location, demonstrable harm would be caused to the openness of the Green Belt. The proposal therefore conflicts with saved Policy 2 'Green Belt' of the North Hertfordshire District Local Plan No. 2 - with Alterations, Section 9 'Protecting Green Belt Land' of the NPPF and Policy SP5 ‘Countryside and Green Belt’ of the submitted Local Plan 2011 - 2031.

Proactive Statement

Planning permission has been refused for this proposal for the clear reasons set out in this decision notice. The Council acted proactively through positive engagement with the applicant in an attempt to narrow down the reasons for refusal but fundamental objections could not be overcome. The Council has therefore acted proactively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

Erection of a gas fired Electricity Generating Station comprising gas engine casements and associated buildings and infrastructure together with means of access and landscaping/ground works.

The Senior Planning Officer advised that this was the second attempt to gain permission for a gas peaking plant at this site

Additional information had been submitted by the Applicant regarding air quality and ground water contamination.

The Council’s Environmental Health Officer was satisfied with the information regarding air quality and raised no objections to the proposal subject to three conditions.

The Environment Agency had withdrawn their objection regarding water contamination and recommended four conditions.

It was therefore recommended that reason 2 for refusal be omitted.

The Senior Planning Officer presented the report of the Development and Conservation Manager in respect of planning application 17/04353/FP supported by a visual presentation consisting of plans, drawings and photographs of the site.

Mr Adrian Hawkins, Wymondley Parish Neighbourhood Plan, thanked the Chainman for the opportunity to address the Committee in objection to application 17/04353/FP.

Mr Hawkins advised that he was representing Wymondley Parish Council and  the residents of Wymondley Parish and drew attention to the following:

·                The objections of the Parish Council had been submitted;

·                The site was in the Green Belt, in a picturesque area and next to a recently rejuvenated hotel;

·                This development would affect the openness of the Green Belt;

·                At a public meeting the applicant admitted they had not built a facility of this size and scale before;

·                Therefore sound, pollution and vibration levels all remained untested;

·                Flooding in the area was difficult;

·                The site was next to the A1(M) and Wymondley was dissected by the A602:

·                Air quality was a growing concern and NHDC was already monitoring this at the Three Moorhens roundabout and Paynes Park, Hitchin;

·                During the examination in public of the Local Plan, Wymondley Parish Council had an air quality expert in attendance;

·                NHDC documents state that no development should take place if poor air quality existed;

·                Residents of Wymondley had been taking readings regarding air quality in the area;

·                The European Union maximum was 40 micrograms of nitrous oxide and readings at the Three Moorhens regularly exceeded this figure over the past 8 years;

·                The Three Moorhens Air Quality Management Site was just over one mile away from the proposed development;

·                Wymondley had two air quality testing points along the A602. Readings at the air quality testing point at Blakemore End Road regularly exceeded European Union maximum levels of 40 mgs.

Mr Hawkins concluded by stating that it was inexcusable to allow development of this site, given the propensity towards delivering additional air pollution that would adversely affect the health and wellbeing of residents of Wymondley Parish and Hitchin.

He referred to the Energy Policy for the East of England report, considered by Hertfordshire LEP, which stated that since 2012 electricity usage had been stable.

He advised that the same report contained the following statement:

“We are a clean growth region that has superb natural assets and a high  ...  view the full minutes text for item 20.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of a new industrial building within Class B1c with offices and associated facilities, access, service yard, car and cycle parking and landscaping. (Amended plans received 05/02/18).

RESOLVED: That application 17/04357/FP be GRANTED planning permission, subject to the conditions and reasons set out in the report of the Development and Conservation Manager.

Erection of a new industrial building within Class B1c with offices and associated facilities, access, service yard, car and cycle parking and landscaping. (Amended plans received 05/02/18).

The Development and Conservation Manager informed Members that the Unilateral Undertaking had been completed.

The Development and Conservation Manager presented the report of the Development and Conservation Manager in respect of planning application 17/04357/FP supported by a visual presentation consisting of plans, drawings and photographs of the site.

He informed Members that construction work was being undertaken in the area, but this was in connection with the Mark and Spencer Planning Permission.

He advised that the site was outside of the Royston Development area in the current Local Plan, although it was inside the Royston Gateway employment area in the emerging Local Plan.

Members acknowledged that construction traffic would be managed under the construction traffic management plan and queried whether it could be conditioned that future traffic use the new access.

The Development and Conservation Manager advised that it was extremely difficult to insist that vehicles must use a particular route.

Members queried whether it could ensure. By way of condition, that vehicles use the new access point.

The Development and Conservation Manager advised that, particularly in light of recent planning appeal decisions, he would be cautious about trying to insist that vehicles used a certain route on a public highway.

It was moved and seconded that the application be granted planning permission subject to the conditions and reasons set out in the report.  Upon being put to the vote, it was

RESOLVED: That application 17/04357/FP be GRANTED planning permission, subject to the conditions and reasons set out in the report of the Development and Conservation Manager.

RESOLVED: That application 18/00900/FP be GRANTED planning permission, subject to the conditions and reasons set out in the report of the Development and Conservation Manager.

Erection of two detached 4-bed dwellings following demolition of existing dwelling and double garage.

The Development and Conservation Manage presented the report of the Development and Conservation Manager in respect of planning application 18/00900/FP supported by a visual presentation consisting of plans, drawings and photographs of the site.

The Development and Conservation Manager advised that St Ippolyts Parish Council had objected to the proposal on the grounds that it was over development of the site.

Mrs Carol Zemmen thanked the Chairman for the opportunity to address the Committee objecting to application 18/00900/FP.

Mrs Zemmen advised that it was easy to look at the Millstone site though tinted spectacles.

At this time of year, the house was hidden behind beautiful flowering trees and shrubs although in autumn the house would be visible and the restrictions of the site would be seen.

Two town houses jammed close together, right against Field House would be totally out of character in this semi rural locality.

St Ipployts Parish Council unanimously agreed that these proposals were unsuitable for the site and there had been many objections submitted.

In respect of design, the Planning Office had commented in the report that she had concern that the form was contrary to the character of the surrounding area, advising that the neighbouring houses had wide, shallower footprint.

She was right to be concerned, narrow and deep houses with tall narrow gables were not in sync with the surrounding houses and introducing this type of town house in a county lane was detrimental to the area and would set a poor precedent.

Houses in the lane were central to their boundary and not jammed in on their plots.

The proposed plan would take the majority of light from the two south west facing windows of Field House, which did not show in the drawings.

With the flat roof garage next door, light and sun stream through these down stairs rooms, with this proposal the lounge would look straight onto a 10 mete long 5-8 metre high wall, which meant the dining room would receive no south west sun.

She accepted that Field House was not entitled to a view, but was entitled to light

This tall east wall would cast a shadow over Field House’s patio at the rear, creating a shaded dead zone.

The Officer stated that Field House had a large garden, did this make up for the south wets facing light being shadowed by a massive brick structure most of the year.

Paragraph 4.3.7 acknowledged that there would be a substantial degree of harm both in actual and perceived harm on Field House and Paragraph 4.3.9 acknowledged that the proposal would result in new shading of the patio area.

Thee were no garages included in the initial plan, however those proposed in the modified plan were only 75 percent of the stipulated size requirement and therefore were not adequate as parking space, as suggested by planners.

The applicant stated that they would not count either garage  ...  view the full minutes text for item 22.

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 and drew attention to the following:

Elm Tree Fam Pirton

An update had been sent to Members and award of costs had been made against the Council, but these had not yet been approved.

67 High Street, Whitwell

Members asked how the Council could validate viability of a public house, when it was not in operation.

The Development and Conservation Manager advised that the emerging Local Plan said that change of use of a pub would always be allowed, providing it was not the only pub in the village and this was the key issue rather than the viability.

The Cabinet, Reed

This appeal is to be heard at a 2 day public inquiry from 6 November in the Council Chamber starting at 10am.

The Council has appointed an expert witness and Counsel to defend the Committee’s decision at the Inquiry.

Cala, Pirton

Members queried if Cala had confirmed which traffic scheme they would adopt following the appeals.

The Development and Conservation Manager advised that the scheme had not been confirmed however the Section 278 agreement had now been completed and any further discussion would now be about the costs.

RESOLVED: That the report entitled Planning Appeals be noted.