Agenda, decisions and minutes

Apologies for absence were received from Councillors Sue Ngwala, Sean Prendergast and Val Shanley.

Having given due notice Councillor Michael Muir advised that he would be substituting for Councillor Val Shanley and Councillor Tom Tyson advised that he would be substituting for Councillor Sean Prendergast.

Audio recording – 28 seconds

Apologies for absence were received from Councillors Sue Ngwala, Sean Prendergast and Val Shanley.

Having given due notice Councillor Michael Muir advised that he would be substituting for Councillor Val Shanley and Councillor Tom Tyson advised that he would be substituting for Councillor Sean Prendergast.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 19 December 2019.

RESOLVED: That the Minutes of the Meeting of the Committee held on 19 December 2019 be approved as a true record of the proceedings and be signed by the Chair.

Audio Recording – 50 seconds

RESOLVED: That the Minutes of the Meeting of the Committee held on 19 December 2019 be approved as a true record of the proceedings and be signed by the Chair.

Members should notify the Chairman of other business which they wish to be discussed at the end of either Part I or Part II 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.

Audio recording – 1 minute 1 second

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, wishing 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 Chair welcomed those present at the meeting, especially those who had attended to give a presentation;

(2)       The Chair advised that, in accordance with Council Policy, the meeting would be audio recorded;

(3)       The Chair clarified that Members of the public had 5 minutes for each group of speakers i.e. 5 minutes for objectors and 5 minutes for supporters. This 5 minute time limit also applied to Member Advocates.

The bell would sound after 4½ minutes as a warning and again at 5 minutes, to signify that the speaker must cease.

(4)       Members were reminded to make declarations of interest before an item, the detailed reminder about this and speaking rights was set out under Chair’s Announcements on the agenda.

Audio recording – 1 minute 7 seconds

(1)       The Chair welcomed those present at the meeting, especially those who had attended to give a presentation;

(2)       The Chair advised that, in accordance with Council Policy, the meeting would be audio recorded;

(3)       The Chair clarified that Members of the public had 5 minutes for each group of speakers i.e. 5 minutes for objectors and 5 minutes for supporters. This 5 minute time limit also applied to Member Advocates.

The bell would sound after 4½ minutes as a warning and again at 5 minutes, to signify that the speaker must cease.

(4)       Members were reminded to make declarations of interest before an item, the detailed reminder about this and speaking rights was set out under Chair’s Announcements on the agenda.

To receive petitions, comments and questions from the public.

The Chair confirmed that the registered speakers were present.

Audio recording – 3 minutes 42 seconds

The Chair confirmed that the registered speakers were present.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Development A - Full planning application comprising : Phase 1 - construction of a five storey block containing 37 x one bedroom apartments (affordable retirement living tenure), ground floor supermarket (Class A1) and hot food takeaway unit (Class A5) and Phase - 2 construction of two x four storey residential apartment blocks containing 24 x one bedroom apartments (affordable rent and affordable living tenure) and 6 x one bedroom and 16 x two bedroom apartments (open market housing) together with associated vehicular and pedestrian access, car parking, landscaping and ancillary works, following demolition of existing buildings. , , Development B - Outline planning application comprising: Phase 3 - the erection of 32 x one and two bedroom apartments and 14 x three bedroom houses (open market housing) following demolition of existing buildings. Matters of appearance, landscaping, and scale are reserved.

RESOLVED: That application 19/01416/HYA be GRANTED planning permission, subject to the conditions and reasons contained in the report od the Development and Conservation Manager and the additional and amended conditions below

Development A

Condition 10

Prior to occupation, each apartment block, shall incorporate one EV ready domestic charging point for between 5 - 10 apartments and these shall be made available to its residents and managed and maintained by the management company(ies) appointed as responsible for each apartment block.

OR

(b)        Prior to occupation, a contract shall be entered into with a private provider to operate an EV car club for the residents of the apartment blocks for a period, scope and a level of provision to be agreed in writing with the LPA.

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

Additional Condition 25

The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment and Drainage Strategy – Addendum, Ref: 1809-217, Rev -, A and B, prepared by Ingent Consulting Engineers and the Phase 1 & 2 Drainage Strategy Drawing, dated 06.12.2019, Rev B, prepared by Ingent Consulting Engineers and the following mitigation measures:

1.  Provide attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + 40% for climate change event (minimum 329.4m3).

2.  Implement drainage strategy based on lined permeable paving with sub-base and perforated pipes, attenuation crates and restricted discharge at 5l/s into the surface water sewer.

Reason

To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site.

Additional Condition 26

No development shall take place until the final design of the drainage scheme is completed and sent to the LPA for approval. The surface water drainage system will be based on the submitted Flood Risk Assessment and Drainage Strategy – Addendum, Ref: 1809-217, Rev -, A and B, prepared by Ingent Consulting Engineers and the Phase 1 & 2 Drainage Strategy Drawing, dated 06.12.2019, Rev B, prepared by Ingent Consulting Engineers. The scheme shall also include:

1.  Detailed engineered drawings of the proposed SuDS features including their location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance for climate change event.

2.  Provision of half drain down times within 24 hours

3.  Silt traps for protection for any residual tanked elements.

4.  Demonstrate appropriate SuDS management and treatment and inclusion of above ground features such as permeable paving etc. for the paved areas and reducing the requirement for any underground storage.

5.  Provision of exceedance routes for events greater than the 1 in 100 year + climate change

Reason

To  ...  view the full decision text for item 87.

Audio recording – 3 minutes 42 seconds

Development A - Full planning application comprising : Phase 1 - construction of a five storey block containing 37 x one bedroom apartments (affordable retirement living tenure), ground floor supermarket (Class A1) and hot food takeaway unit (Class A5) and Phase - 2 construction of two x four storey residential apartment blocks containing 24 x one bedroom apartments (affordable rent and affordable living tenure) and 6 x one bedroom and 16 x two bedroom apartments (open market housing) together with associated vehicular and pedestrian access, car parking, landscaping and ancillary works, following demolition of existing buildings.

Development B - Outline planning application comprising: Phase 3 - the erection of 32 x one and two bedroom apartments and 14 x three bedroom houses (open market housing) following demolition of existing buildings. Matters of appearance, landscaping, and scale are reserved.

The Principal Planning Officer advised Members of the following updates:

1.         A late representation had been received from Ms Jackie McDonald proposing an amendment to the application to include a replacement unit within Phase 3 of the proposed development to replace the Coffee Mill unit. She advised that the Westmill Community Centre was not well attended by teenage groups and that Settle had advised, in community meetings regarding the development, that they would welcome and support additional youth services.

2.         The Lead Local Flood Authority had withdrawn its objection to this development following the submission of further information by the applicants Drainage Consultants. They were now recommending 6 conditions in total to be attached to the application if permission is granted. Three of these conditions related to Development A (Phases 1 and 2) and three related to Development B (Phase 3).

Therefore Part A of the recommendation, as set out in paragraph 6.1, would no longer be needed as the objection of the Flood Authority had been resolved and the recommendation would be subject to the submitted Unilateral Undertaking and the conditions set out in the report, in addition to the six conditions required by the Lead Local Flood Authority.    

The applicants had confirmed in writing that they are happy to accept the conditions requested by the Flood Authority.    

3.         In respect of the Play Area the applicant confirmed that, in response to concerns raised by the community, the application drawings had been updated from the original submission to include a Children’s Play Area.  

4.         The wording of Development B - Condition 3 should read exactly as Development A – Condition 4.

The Principal Planning Officer advised that the Strategic Housing Manager was in attendance to answer and detailed questions regarding affordable housing. 

The Principal Planning Officer presented the report in respect of application 19/01416/HYA supported by a visual presentation consisting of photographs and plans.

Ms Jackie McDonald thanked the Chair for the opportunity to address the Committee in objection to application 19/01416/HYA and drew attention to the following:

·                The development was overdue and much needed however she objected to the following aspects of the  ...  view the full minutes text for item 87.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Installation of a new Children's Play Area including play equipment bonded rubber mulch safety surfacing, site furniture, 1m high galvanised steel boundary fencing and access pathway from Swinburne Avenue.

RESOLVED: That application 19/01748/FP be GRANTED planning permission, subject to the conditions and reasons contained in the report of the Development and Conservation Manager and the additional and amended conditions below:

Amended Condition 5

The proposed CCTV camera shall be installed and operated so as to prevent any loss of privacy to the adjacent residential occupiers. The CCTV equipment shall be permanently maintained as a feature of the development.

Reason: In the interests of residential amenity  

Additional Condition 6

Prior to the commencement of the development full details of cycle parking to serve the play area shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: In the interests of sustainability.

Audio recording – 1 hour 4 minutes 2 seconds

Installation of a new Children's Play Area including play equipment bonded rubber mulch safety surfacing, site furniture, 1m high galvanised steel boundary fencing and access pathway from Swinburne Avenue.

The Principal Planning Officer advised Members of the following update:

The resident of No. 128 Hine Way was in support of the application and raised the following points:

·                The playground would be in a safer environment away from roads;

·                The proposed site was only 5 minutes walk from the current site;

·                Young children would be supervised;

·                There was no current evidence of antisocial behaviour;

·                Anti-social behaviour was more likely to be deterred by the presence of children and parents;

·                There were many residents in support of this proposal;

·                Incorporating a park within the John Barker Place development would mean no playground in the area for up to 4 years.

The Principal Planning Officer presented the report in respect of application 19/01748/FPsupported by a visual presentation consisting of photographs and plans.

Mrs Elizabeth Whitelock and Mr Kevin Martin thanked the Chair for the opportunity to addres the Committee in objection to application 19/01748/FP as follows:

·                Mrs Whitelock had lived most of life on the Westmill Estate and had brought up her children there;

·                The park was originally located on Milestone Road and was currently located on John Barker Place;

·                She had serious concerns that the relocation of the park to the edge of the estate would put children at risk;

·                Why change what residents have been happy with ie good location, easy access to shops and plenty of people round;

·                Mr Martin feared that the Swinburn location would be an expensive white elephant in the week and a magnet for anti social behaviour in the evenings;

·                At dusk this area was lonely, empty and very dark;

·                The park would be at the rear of houses at the end of very long gardens;

·                If a child had an accident or were concerned about unsavoury characters, where would they go to?

·                There were no occupied public buildings any where near the proposed site;

·                John Barker Place was a much safer location with people around and shops where a child could run to;

·                The people from John Barker Place would not want to walk all the way to Swinburn Avenue;

·                Any problems would be magnified by the isolation of the area;

·                This will be seen by many in the community as a failure to listen;

·                Had the local Police been consulted and would they have the resources to deal with the inevitable complaints;

·                The site was remote and had poor natural surveillance from local dwellings;

·                There have been many instances of anti-social behaviour with calls to the Police not brining the required response.

The following Councillors made comment and asked questions;

·                Councillor Daniel Allen:

·                Councillor Val Bryant;

·                Councillor Terry Tyler;

·                Councillor Mike Rice.

In response to questions Mrs Whitelock and Mr Martin advised:

·                The area was extremely dark and suffered from extreme weather conditions;

·                Children  ...  view the full minutes text for item 88.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Creation of vehicular access off London Road, St Ippolyts (as amended by plans received 09/10/2019).

RESOLVED: That application 19/02192/FP be GRANTED planning permissions, subject to the conditions and reasons as set out in the report of the Development and Conservation Manager and the following amended condition:

Amended Condition 4

Prior to the first use of the access of the development hereby permitted a visibility splay of 2.4 x 43 metres along London Road as proposed on the drawing (Ref- P01, Rev-B) shall be provided to each side of the access and such splays shall always thereafter be maintained and free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018).

Audio recording – 1 hour 39 minutes 47 seconds

Creation of vehicular access off London Road, St Ippolyts (as amended by plans received 09/10/2019).

The Development and Conservation Manager presented the report in respect of application 19/02192/FP supported by a visual presentation consisting of photographs and plans.

Councillor Claire Strong thanked the Chair for the opportunity to address the Committee in respect of application 19/02192/FP as follows:

·                The Parish Council had objected to the proposal and she shared their concerns;

·                She was not against a new access, but concerned about the placement and the crossing for pedestrians;

·                There was a very long boundary to the field;

·                The road had a 30mph speed limit, but was known as the rat run;

·                If pedestrian were crossing near to the proposed access when vehicles were overtakin this was dangerous;

·                The applicants should be asked to move either the access or the crossing;

·                A vehicle access close to a pedestrian crossing was not good;

·                In respect of Condition 4 – the development was already occupied, this should be changed to say first usage;

·                Vehicles using the access should leave in a forward direction.

The following Members asked questions:

·                Councillor David Levett;

·                Councillor Michel Weeks;

·                Councillor Daniel Allen.

In response to question Councillor Strong advised:

·                She did not know how often the current access was used;

·                The pedestrian crossing was not signalled;

·                She was unsure why this particular spot had been chosen for the new access, it may well be due to the dropped kerb;

·                She was not aware of any trees being removed;

·                The concerns needed to bee heeded and the applicant should be asked to move the proposed access.

The Development and Conservation Manager confirmed that Condition 4 could be changed to “first use of the access”. Members could ask that a different location be found for the tactile crossing, but could not aske the applicant to move the access without refusing permission.

The following Members took part in the debate and asked questions:

·                Councillor David Levett;

·                Councillor Michael Weeks.

In response to questions the Development and Conservation Manager advised that the developer would pay for any S278 agreement.

It was proposed by Councillor David Levett, seconded by Councillor Michael Weeks and:

RESOLVED: That application 19/02192/FP be GRANTED planning permissions, subject to the conditions and reasons as set out in the report of the Development and Conservation Manager and the following amended condition:

Amended Condition 4

Prior to the first use of the access of the development hereby permitted a visibility splay of 2.4 x 43 metres along London Road as proposed on the drawing (Ref- P01, Rev-B) shall be provided to each side of the access and such splays shall always thereafter be maintained and free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018).

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the report entitled Planning Appeals be noted.

Audio recording – 1 hour 56 minutes 55 seconds

The Development and Conservation Manager presented the report entitled Planning Appeals.

RESOLVED: That the report entitled Planning Appeals be noted.

Members asked that the proposed extended microphones be installed as soon as possible and that all Members and Officer of the Committee be given microphone training.

Members asked that the proposed extended microphones be installed as soon as possible and that all Members and Officer of the Committee be given microphone training.