Agenda, decisions and minutes

Apologies for absence were received from Councillor Sue Ngwala.

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

These Minutes are to follow.

RESOLVED:That the Minutes of the Meeting of the Committee held on 19 July 2018 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 19 July 2018 be approved as a true record of the proceedings and be signed by the Chairman.

To take as read and approve as a true record the minutes of the meeting of this Committee held on the 20 September 2018.

RESOLVED:

(1)       That the Minutes of the Meeting of the Committee held on 20 September 2018 be approved as a true record of the proceedings and be signed by the Chairman.

(2)       That the Planning Lawyer be requested to investigate and advise on correct procedure.

A Member brought to the Chairman’s attention page 6 of the report, item 39 of the Planning Application 17/01622/1, relating to The Station Inn, Station Approach, Knebworth, SG3 6AT. “….that Rule 6 Party were not at risk of an award of costs……….”  The Member voiced his concern that the details written in the minutes, whilst, were, as was discussed, were factually incorrect.  The Planning Lawyer advised that this would be discussed at member training.

RESOLVED:

(1)       That the Minutes of the Meeting of the Committee held on 20 September 2018 be approved as a true record of the proceedings and be signed by the Chairman.

(2)       That the Planning Lawyer be requested to investigate and advise on correct procedure.

NB.  Since the Planning Control meeting of 20 September 2018, the Planning Lawyer has since found out that the Planning Policy Guidance on Planning Appeals says:

interested parties whochoose to be recognised as Rule 6 parties under the inquiry procedure rules, may be liable to an award of costs if they behave unreasonably. They may also have an award of costs made to them.

It is not anticipated that awards of costs will be made in favour of, or against, other interested parties, other than in exceptional circumstances.  An award will not be made in favour of, or against interested parties, where a finding of unreasonable behaviour by one of the principal parties relates to the merits of the appeal.  However an award may be made in favour of, or against, an interested party on procedural grounds, for example where an appeal has been withdrawn without good reason or where an unnecessary adjournment of a hearing or inquiry is caused by unreasonable conduct.  In cases dealt with by written representations, it is not envisaged that awards of costs involving interested parties will arise….

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 that Planning Control Committee Meeting;

(2)    The Chairman announced that members of the public and the press may use their devices to film/photograph, or do a sound recording of the meeting, but he asked them not to 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, the meeting would be audio recorded;

(4)   The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question;

(5)    The Chairman asked that, for the benefit of any members of the public present at the meeting, Officers announce their name and their designation to the meeting when invited to speak;

(6)    The Chairman clarified that each group of speakers would have a maximum of 5 minutes.  The bell would sound after 4 ½ 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 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 that Planning Control Committee Meeting;

(2)    The Chairman announced that members of the public and the press may use their devices to film/photograph, or do a sound recording of the meeting, but he asked them not to 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, the meeting would be audio recorded;

(4)   The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question;

(5)    The Chairman asked that, for the benefit of any members of the public present at the meeting, Officers announce their name and their designation to the meeting when invited to speak;

(6)    The Chairman clarified that each group of speakers would have a maximum of 5 minutes.  The bell would sound after 4 ½ 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 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 Chairman confirmed that the two registered speakers were present.

The Chairman confirmed that the two registered speakers were present.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Residential development of eight units comprising of 1 x 2 bed, 3 x 3 bed and 4 x 4 bed dwellings together with associated access road, garaging and infrastructure following demolition of existing aquatic plant nursery buildings. ( As amended by drawings received 4/9/18)

RESOLVED:  That Planning Application 17/02289/1 be GRANTED Planning Permission subject to the conditions and reasons contained in the report and the following additional conditions:

·                         Notwithstanding the detail shown on the submitted plans a revised visitor parking layout plan be submitted, and approved by the Local Planning Authority.  The development should be carried out in accordance with the approved plans.

Reason:  To protect the setting of the adjacent listed building.

·                         The proposed landscaping management plan should include measures to retain the boundary hedge and trees around Maydencroft Cottage, and maintenance at their height existing before the commencement of the development hereby approved.

Residential development of eight units comprising of 1 x 2 bed, 3 x 3 bed and 4 x 4 bed dwellings together with associated access road, garaging and infrastructure following demolition of existing aquatic plant nursery buildings. (As amended by drawings received 4/9/18).

The Area Planning Officer gave the following updates:

1.         Comments had been received from St Ippolyts Parish Council, who had advised they had no objections to that development.

2.         Comments had been received from the Lead Local Flood Authority:  The Authority had advised that their concerns could be addressed by way of conditions.  Two detailed conditions were suggested:-

a) that no development would take place until the final design of the drainage scheme had been submitted to, and approved in writing by the LPA and

b)  that upon completion of the drainage works, a management and maintenance plan must be submitted to, and approved in writing by the LPA

3.         Amended plans had been received showing the provision of additional visitor car parking spaces.

4.         Comments had been received from the occupier of Maydencroft Cottage raising concerns over potential future development at the site, and the location of parking spaces adjacent to Maydencroft Cottage.  The occupier also requested a condition requiring the boundary hedges around the cottage to be maintained at their present height.

The Area Planning Officer had discussed these matters with the agent and the developer had agreed to two additional conditions, should the Committee be minded to grant consent.  With respect to the visitor parking, the developer was prepared to move one of the spaces to be added to the spaces opposite plots 1 & 2, and change the layout of the remaining two spaces to the layby alongside the proposed access.

The Area Planning Officer addressed the Chairman and recommended the following conditions in addition to  the Lead Local Flood Authority conditions:

·                    Notwithstanding the detail shown on the submitted plans a revised visitor parking layout plan be submitted, and approved by the Local Planning Authority.  The development should be carried out in accordance with the approved plans.

Reason:  To protect the setting of the adjacent listed building.

·                    The proposed landscaping management plan should include measures to retain the boundary hedge and trees around Maydencroft Cottage, and maintenance at their height existing before the commencement of the development hereby approved.

Reason:  In the interests of residential amenity.

The Area Planning Officer summarised that given the comments of the Lead Local Flood Authority and conditions, he suggested that he would request that the recommendation be amended to delete Parts A and B, and that permission be granted subject to conditions and informatives.

The Area Planning Officer presented a report in respect of planning application 17/02289/1 supported by a visual presentation consisting of detailed plans, drawings and photographs of the site and houses.

Mr Al Morrow, a Director at Phillips Planning Services, thanked the Chairman for the opportunity to address the Committee.  He explained that he was there to speak on behalf of the applicant, Netherdown  ...  view the full minutes text for item 52.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Part two, part single storey rear extension and single storey front extension (as amended by drawing RL/4884/36-02B received 12/09/2018).

RESOLVED:  That the application 18/01288/FPH be GRANTED Planning Permission subject to the conditions and reasons contained in the report of the Area Planning Officer, who presented two additional conditions(conditions 4 & 5) as follows:-

4.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as amended no development as set out in Classes A, B, C, D and E of Part 1 of Schedule 2 to the Order, (or any subsequent Statutory Instrument which revokes, amends and/or replaces those provisions)

shall be carried out without first obtaining a specific planning permission from the Local Planning Authority.

Reason: Given the nature of this development, the Local Planning Authority considers that development which would normally be "permitted development" should be retained within planning control in the interests of the character and amenities of the area.

5.         Construction work carried out in connection with the development hereby approved shall only be between the hours of 8.00am and 18:00pm Monday to

Fridays and between 09:00am and 13:00pm on Saturdays. No work shall be undertaken on Sundays or Bank holidays.

Reason: In the interests of residential amenity.

Part two. Part single storey rear extension and single storey front extension (as amended by drawing RL/4884/36 – 02B received 12/09/2018.

The Area Planning Officer informed the Committee that he had no updates to report.

The Area Planning Officer presented a report in respect of planning application 18/01288/FPH supported by a visual presentation.

The Area Planning Officer requested that the Committee support the officer recommendation.

Mr Simon McCullough thanked the Chairman for the opportunity to address the Planning Control Committee in objection to application 18/01288/FPH.

Mr McCullough informed the Committee that he was speaking on behalf of the McCullough and the Dyer families who lived either side of No.36 Dacre Crescent.

Mr McCullough explained that the following five points that he drew the Committee’s attention to, had been set out in the various written responses that he himself had received.  Mr McCullough was confident that Planning Control Committee Members had already seen the correspondence to which he referred: 

1.         It was not considered that the plans were clear enough to fully understand the expected impact of the development on their homes.  They found it difficult to determine actual measurements for all extensions to the property, particularly to the extent to which the front and the back of the property would extend.

2.         There were issues of privacy, largely affecting the Dyers, where new windows would be positioned opposite existing windows in their property.  The height of the proposed two story extension would be imposing, given there was only six feet between the properties.  There was concern about reductions in natural light to both properties with different rooms affected in each.

3.         Anxiety regarding the impact that development would have on the drainage system which currently ran behind the properties on Dacre Crescent.  Significant additional load on the drains may have an effect on a number of homes.  Inability to assess the impact on the foundations for the proposed extension, particularly as their rear gardens had a gradient – proper consideration was required.

4.         The development, if passed, could set a precedent for Dacre Crescent.  To their knowledge there were currently no two storey developments to the back of a property on that road, and approving one, could lead to more applications for the same.

5.         Unease regarding the disruption, in terms of additional vehicles on the road, noise and dust pollution over the months it would take to complete the works,  and the impact this would have on their families.

Mr McCullough concluded that should the application be passed they would seek to appeal the decision.

In response to a Member, Mr McCullough explained that he had previously been advised by a builder in statutory requirements, with regard to drainage and sewage.  Mr McCullough didn’t feel that, in this case, such requirements were fulfilled.

The Area Planning Officer informed the Committee that the drawings had been submitted by a professional architect, were adequately detailed and to scale with all critical dimensions shown, and were perfectly adequate to support the Planning  ...  view the full minutes text for item 53.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED:  That the report entitled Planning Appeals be noted.

The Area Planning Officer presented the report entitled Planning Appeals and advised the Committee that Enforcement issues were no longer reported, however, the Area Planning Officer advised the Committee of the outcome of the Claypit Cottages, Offley enforcement appeal which was a split decision with the Inspector upholding but varying the enforcement notice, allowing the garage but refusing permission for the unauthorised dwelling.  The Area Planning Officer advised that if any Members wanted a copy of the decision it could be emailed to them upon request.

A Member asked who was going to enforce this.  The Area Planning Officer confirmed it would be the Local Planning Authority.

RESOLVED:  That the report entitled Planning Appeals be noted.

To listen to the audio recording please scroll down to the last item on the agenda.