Agenda, decisions and minutes

The Chair welcomed everyone to this virtual Planning Control Committee meeting that was being conducted with Members and Officers at various locations, communicating via audio/video and online and advised that there was the opportunity for the public and press to listen and view proceedings.

The Committee, Member and Scrutiny Officer gave advice regarding the following:

•           Attendance;

•           Virtual Meeting;

•           Noise Interference;

•           Rules of Debate;

•           Voting.

The Chair, Councillor Terry Tyler, started the meeting proper.

Audio Recording – 27 Seconds

The Chair welcomed everyone to this virtual Planning Control Committee meeting that was being conducted with Members and Officers at various locations, communicating via audio/video and online and advised that there was the opportunity for the public and press to listen and view proceedings.

The Chair invited the Committee, Member and Scrutiny Officer to explain how proceedings would work.

The Committee, Member and Scrutiny Officer advised the following:

Attendance

A roll call was undertaken to confirm that the required Members, Officers and Registered Speakers were present and could hear and be heard.

If for any reason the meeting was not quorate an Officer interject the meeting and the meeting would adjourn immediately. Once the meeting was quorate the meeting would resume.

Only Members present during the entire debate for an item were entitled to vote. If a Member had been cut off during the debate and re-joined the meeting, then they would not be able to vote on that item.

Live Streaming

The meeting was being streamed live on the Council’s YouTube channel. If live streaming failed the meeting would adjourn. If the live stream could not be restored within a reasonable period then the remaining business would be considered at a time and date fixed by the Chair. If the Chair did not fix a date, the remaining business would be considered at the next ordinary meeting.

If technology failed for a member of the public who had attended to exercise their right to speak and was unable to do so, the Chair may decide to proceed to the next item of business to allow for connection to be re-established.  If connection could not be restored within a reasonable period, the Chair may decide to conclude the remaining business, or consider the remaining business at a time and date fixed by the Chair. If the Chair did not fix a date, the remaining business would be considered at the next ordinary meeting. 

Noise Interference

The Committee, Member and Scrutiny Officer asked all in attendance to ensure that electronic devices were muted.

Rules of Debate

If a Member wished to speak they should use the raise hand button and this would alert the host that they wished to speak. The host would inform the Chair of the names of the speakers, who should wait to be invited by the Chair to address the Planning Control Committee.

Members were reminded that the normal procedure rules in respect of debate and times to speak would apply.

If Officers needed to address the Planning Control Committee at any point during proceedings, they were requested to respectfully interject and await a response before addressing the Chair.

Voting

When satisfied that there had been sufficient debate the Chair would request that the relevant Planning Officer read out the recommendation that Members would be voting upon.

There would be three elements to a vote. Members who wished to vote ‘For’ the recommendation would be invited to use the raise hand button  ...  view the full minutes text for item 99.

There were no apologies for absence received.

Audio Recording – 9 Minutes 11 Seconds

There were no apologies for absence received from Councillors.

Members should notify the Chair 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 Chair will decide whether any item(s) raised will be considered.

There was no other business notified.

Audio Recording – 9 Minutes 25 Seconds

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 Chair 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;

(2)       The Chair advised that, in accordance with Council Policy, the meeting would be audio recorded and live streamed on the Council’s YouTube;

(3)       The Chair drew attention to the item on the agenda front pages regarding Declarations of Interest and 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;

(4)       The Chair clarified matters for the registered speakers and informed members of the public that they 5 minutes for each group of speakers i.e. 5 minutes for objectors and 5 minutes for supporters.  The 5 minute time limit also applied to Member Advocates.

The bell would sound after 41/2 minutes as a warning and again at 5 minutes to signify that the speaker must cease.

(5)       The Chair advised that the Committee would take part in the ‘Clap for Carers’ and therefore there would be a pause in proceedings at 8pm.

Audio Recording – 9 Minutes 27 Seconds

(1)     The Chair welcomed those present at the meeting;

(2)     The Chair advised that, in accordance with Council Policy, the meeting would be audio recorded and live streamed on the Council’s YouTube;

(3)     The Chair drew attention to the item on the agenda front pages regarding Declarations of Interest and 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;

(4)     The Chair clarified matters for the registered speakers and informed members of the public that they 5 minutes for each group of speakers i.e. 5 minutes for objectors and 5 minutes for supporters.  The 5 minute time limit also applied to Member Advocates.

The bell would sound after 41/2 minutes as a warning and again at 5 minutes to signify that the speaker must cease.

(5)     The Chair advised that the Committee would take part in the ‘Clap for Carers’ and therefore there would be a pause in proceedings at 8pm.

To receive petitions, comments and questions from the public.

The Chair confirmed that the 5 registered speakers were present and that there were 2 Member Advocates.

Audio Recording – 11 Minutes 18 Seconds

The Chair confirmed that the 5 registered speakers were present and that there were 2 Member Advocates.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Hybrid application for the residential redevelopment of the Anglian Business Park to provide a total of up to 67 dwellings (of a range of sizes, types and tenures including affordable housing) and associated parking, landscaping, open space and ancillary works comprising: PHASE 1 - Application for full planning permission for the erection of two apartment blocks within the southern part of the site comprising a total of 28 units and associated parking, landscaping, open space and associated works; SUBSEQUENT PHASES - Application for outline planning permission on the remaining part of the site involving the demolition of the existing business park buildings and the provision of up to 39 dwellings including a mix of houses and apartments and associated parking, landscaping, open space and ancillary works (all matters reserved except for access).

RESOLVED: That application 19/01172/HYA be GRANTED planning permission subject to completion of a satisfactory Section106 agreement and the conditions and reasons contained in the report of the Development and Conservation Manager and the following amended and additional informatives:

Amended Condition 16:

To include additional sentence after the first sentence as follows: ‘these details are also to include the specification of the proposed bin stores’

An additional informative to read:

Design of Subsequent Phases

It should be noted that the Council considers that the design of subsequent phases approved in outline must be predicated on the applicant’s overall objective of ‘greening the site’. Accordingly, the figure of 39 units is an upper quantum and should be regarded as subordinate to the aforementioned design objective.

Audio Recording – 11 Minutes 35 Seconds

Hybrid application for the residential redevelopment of the Anglian Business Park to provide a total of up to 67 dwellings (of a range of sizes, types and tenures including affordable housing) and associated parking, landscaping, open space and ancillary works comprising: PHASE 1 - Application for full planning permission for the erection of two apartment blocks within the southern part of the site comprising a total of 28 units and associated parking, landscaping, open space and associated works; SUBSEQUENT PHASES - Application for outline planning permission on the remaining part of the site involving the demolition of the existing business park buildings and the provision of up to 39 dwellings including a mix of houses and apartments and associated parking, landscaping, open space and ancillary works (all matters reserved except for access).

The Principal Planning Officer informed Members of the Committee that there were some corrections to the report, as follows:

·                Paragraph 4.3.13 – the first sentence should read “would be satisfactory” (“be” was missing)

·                Paragraph 4.4.1 should be re-worded to read:

‘That permission be granted in detail for phase 1 and in outline for phases 2 and 3. NOTE: Most conditions apply only to the detailed permission for 28 units (phase 1) Conditions will be identified as applying to either the ‘detailed’ or ‘outline’ permission. No designation identifies conditions as applying to both.’

·                Condition 23 should cite ‘condition 22’ not condition 23.

The Principal Planning Officer presented the report in respect of application 19/01172/HYA supported by a visual presentation consisting of photographs and plans.

Mr Kaine Rowley thanked the Chair for the opportunity to address the Committee in objection to planning application 19/01172/HYA, including:

·                The primary concern centred around the increase traffic on Orchard Road during the phased build and after;

·                During peak ‘non-Covid’ times, it already took 10-15 minutes to exit Orchard Grange onto Orchard Road owing to parked vehicles;

·                Exiting onto Orchard Road was made more difficult as a result of poor visibility and Heavy Goods Vehicles (HGVs);

·                The addition of more HGVs during the construction work and more residential vehicles post construction work, would compound the already existing issue;

·                Disruption could be caused to existing residents; and

·                Noise from the proposed new play area could affect residents.

The following Members sought clarification from Mr Rowley’s presentation:

·                Councillor Ruth Brown; and

·                Councillor Michael Weeks.

In response to questions of clarification, Mr Rowley responded as follows:

·                The issue with exiting the Orchard Grange estate was due to vehicles parked opposite on Charding Crescent and a high number of construction vehicles using the road;

In response to Members’ questions, the Principal Planning Officer responded as follows:

·                Members were considering outlined and detailed planning permission – Phase 1 in detail and Phases 2 and 3 as a matter of principle up to 39 dwellings.

NB: There was a pause in proceedings at 20:00 to carry out the ‘Clap for Carers’. The meeting resumed at 20:05.

Following the pause in proceedings, the Principal Planning  ...  view the full minutes text for item 104.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of three 4-bed dwellings with associated parking, bin/cycle storage and alterations to existing vehicular access following demolition of existing dwelling.

RESOLVED: That planning application 20/00603/FP be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager and the amended conditions below:

Amended Condition 3 to read:

Materials Condition

Details and/or samples of materials to be used on all external elevations and the roof of 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.

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

Condition 10:

Condition 10 in the report is to be removed as no longer required and replaced with the following Land Contamination Conditions (added and agreed by agent):

(a)     No development approved by this permission shall be commenced until a Site Investigation (Phase II environmental risk assessment) report has been submitted to and approved by the Local Planning Authority which includes:

(i)      A full identification of the location and concentration of all pollutants on this site and the presence of relevant receptors, and;

(ii)      The results from the application of an appropriate risk assessment methodology

(b)     No development approved by this permission (other than that necessary for the discharge of this condition) shall be commenced until a Remediation Method Statement report; if required as a result of (a), above; has been submitted to and approved by the Local Planning Authority.

(c)     This site shall not be occupied, or brought into use, until:

(i)      All works which form part of the Remediation Method Statement report pursuant to the discharge of condition (b) above have been fully completed and if required a formal agreement is submitted that commits to ongoing monitoring and/or maintenance of the remediation scheme.

(ii)      A Remediation Verification Report confirming that the site is suitable for use has been submitted to, and agreed by, the Local Planning Authority.

(d)     Any contamination, other than that reported by virtue of condition (a) and (b), encountered during the development of this site shall be brought to the attention of the Local Planning Authority as soon as practically possible; a scheme to render this contamination harmless shall be submitted to and agreed by, the Local Planning Authority and subsequently fully implemented prior to the occupation of this site.

Reason: To ensure that any contamination affecting the site is dealt with in a manner that safeguards human health, the built and natural environment and controlled waters.

Audio Recording – 1 Hour 33 Minutes

Erection of three 4-bed dwellings with associated parking, bin/cycle storage and alterations to existing vehicular access following demolition of existing dwelling.

Before the Development and Conservation Manager introduced the report, Councillor Ian Moody advised the Committee that he would be speaking as a Member Advocate on the item. He further added that he would not take part in the debate or vote and would disable his video and microphone on the completion of his presentation.

The Development and Conservation Manager presented the report in respect of application 20/00603/FP supported by a visual presentation consisting of photographs and plans and advised the following:

·                Pre-commencement conditions had been agreed by the applicant;

·                Condition 3 was missing from the report and would be added in; and

·                Condition 10 was no longer required and would be replaced with a Contaminated Land Condition.

Mr Tom Brindley thanked the Chair for the opportunity to address the Committee in objection to application 20/00603/FP, including:

·                While the proposal no longer attempted to incorporate Green Belt land, the impact on the Green Belt remained;

·                The impact was exacerbated by the elevated height of the site. Plots 1 and 2 were significantly closer to the Green Belt boundary than the existing property and were significantly higher;

·                Policy 57 of the Saved Local Plan required that 'housing proposals should relate to and enhance their site and surroundings, and the layout and design of the proposed dwellings/site will maintain and improve the character of the immediate context. This development would not maintain the character of the immediate context;

·                Policy D1 stated the design must “Respond positively to the site’s local context”. This design is incongruous with the site’s local context and that the Development must respond positively to the site taking into consideration position, orientation, scale, height, layout, massing. The height, layout and massing all failed this test;

·                Parking was not available on site as the access road was too narrow. The density of the site also made manoeuvring cars difficult. The overall result would be a large number of car manoeuvres creating noise and pollution for both the residents of the site and the neighbouring houses; and

·                The development would cause the loss of a substantial number of trees (11).

The following Members sought clarification from Mr Brindley’s presentation:

·                Councillor Michael Weeks; and

·                Councillor Ruth Brown.

In response to questions raised by Members, Mr Brindley responded as follows:

•           The peak of the ridge was located where the current building was and ran back almost green belt boundary and then fell away;

•           The ridge sloped away in 3 sides;

•           The current access served 187, 189 and 189a and this land was not owned by the developer; and

•           There would be 2 access roads in parallel.

The Chair thanked Mr Brindley for his presentation.

Councillor Ian Moody, Member Advocate, thanked the Chair for the opportunity to speak in objection to application 20/00603/FP, including:

·                The amended plans do not represent appropriate development for  ...  view the full minutes text for item 105.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of six 4-bed and two 5-bed dwellings including creation of new vehicular access off of Hitchin Road following demolition of existing dwelling (revision of previous scheme granted permission under 17/02466/1 and 18/02810/NMA).

RESOLVED: That planning application 19/03033/FP be GRANTED planning permission subject to the following:

A)        The submission of a satisfactory Unilateral Undertaking to secure £32,193.29 as a contribution towards services and infrastructure provided by Hertfordshire County Council;

B)        The conditions, informatives and reasons contained in the report of the Development and Conservation Manager.

Amended Condition 17 to read

The development hereby approved shall be carried out in accordance with the Phase 11 Geo-Environmental site investigation report (September 2018)  and the submitted Remediation Method Statement (15th May 2020) by BRD Environmental Limited.

Reason: To ensure that any contamination affecting the site is dealt with in a manner that safeguards human health, the built and natural environment and controlled waters.

Audio Recording – 2 Hours 32 Minutes 46 Seconds

Erection of six 4-bed and two 5-bed dwellings including creation of new vehicular access off of Hitchin Road following demolition of existing dwelling (revision of previous scheme granted permission under 17/02466/1 and 18/02810/NMA).

The Principal Planning Officer presented the report in respect of application 19/03033/FP supported by a visual presentation consisting of photographs and plans.

The following Members asked questions of the Principal Planning Officer:

·                Councillor Mike Hughson.

In response to Councillor Hughson’s question, the Principal Planning Officer informed that the applicant was Peter Davies Homes.

It was proposed by Councillor Levett, seconded by Councillor Allen and upon being put to the vote it was:

RESOLVED: That planning application 19/03033/FP be GRANTED planning permission subject to the following:

A)        The submission of a satisfactory Unilateral Undertaking to secure £32,193.29 as a contribution towards services and infrastructure provided by Hertfordshire County Council;

B)        The conditions, informatives and reasons contained in the report of the Development and Conservation Manager.

Amended Condition 17 to read

The development hereby approved shall be carried out in accordance with the Phase 11 Geo-Environmental site investigation report (September 2018)  and the submitted Remediation Method Statement (15^th May 2020) by BRD Environmental Limited.

Reason: To ensure that any contamination affecting the site is dealt with in a manner that safeguards human health, the built and natural environment and controlled waters.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Variation to Condition 2 (insertion of front dormer windows) of Planning Permission 19/00249/FP granted 02/04/2019 for erection of one terrace of three 2-bed dwellings following demolition of existing bungalow (as amended by plan nos. PL02 E & PL03 D).

RESOLVED: That planning application 20/00292/S73 be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager.

Audio Recording – 2 Hours 43 Minutes

Variation to Condition 2 (insertion of front dormer windows) of Planning Permission 19/00249/FP granted 02/04/2019 for erection of one terrace of three 2-bed dwellings following demolition of existing bungalow (as amended by plan nos. PL02 E & PL03 D).

The Principal Planning Officer presented the report in respect of application 20/00292/S73 supported by a visual presentation consisting of photographs and plans.

The following Members asked questions of the Principal Planning Officer:

·                Councillor Terry Tyler;

·                Councillor David Levett;

·                Councillor Ruth Brown; and

·                Councillor Val Bryant.

In response to questions raised by Members, the Principal Planning Officer responded as follows:

·                The item was called in by Councillor Ian Albert as he was concerned with the size and scale of the dormers and the parking;

·                Dormers would require planning permission regardless of being in a Conservation Area;

·                It was correct that the majority of dwellings do not have front dormers; and

·                The front dormers do not have a jarring impact on the environment.

It was proposed by Councillor Levett, seconded by Councillor Allen and upon being put to the vote, it was:

RESOLVED: That planning application 20/00292/S73 be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Part two storey, part single storey front extension, two storey rear extension, erection of single garage off existing access from Cooks Way following demolition of existing garage.

RESOLVED: That planning application 20/00012/FPH be GRANTED planning permission subject to the following conditions and reasons:

Condition 1:

The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Condition 2:

The development hereby permitted shall be carried out wholly in accordance with the details specified in the application and supporting approved documents and plans listed above.

Reason: To ensure the development is carried out in accordance with details which form the basis of this grant of permission.

Condition 3:

Details of materials to be used on all external elevations and the roof of 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.

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

Proactive statement:

Planning permission has been granted for this proposal.  Discussion with the applicant to seek an acceptable solution was not necessary in this instance.  The Council has therefore acted proactively in line with the requirements of the Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

Audio Recording – 2 Hours 58 Minutes

Part two storey, part single storey front extension, two storey rear extension, erection of single garage off existing access from Cooks Way following demolition of existing garage.

Before the Development and Conservation Manager introduced the report, Councillor Kay Tart advised the Committee that she was not a member of the Committee but would be speaking as a Member Advocate on the item. She further added that she would disable her video and microphone on the completion of her presentation.

The Development and Conservation Manager presented the report in respect of application 20/00012/FPH supported by a visual presentation consisting of photographs and plans.

Councillor David Levett raised a question regarding the report as under paragraph 4.1 – Neighbouring Notifications, 11 Common Rise had been listed as supporting the application.

In response to Councillor Levett’s enquiry, the Development and Conservation Manager responded that it was unusual for the applicant to be making representation on their planning application. He further advised that Members should take this as an error. 

Councillor Kay Tart, Member Advocate, thanked the Chair for the opportunity to speak in support of application 20/00012/FPH, including:

·                There were errors in the report at paragraph 5.2.2. The height should be amended to read 4.8 metres instead of 5.1 metres, the elevation should be amended to read 6.3 instead of 6.8 and the width should be amended to read 4.2 instead of 4.4;

·                The key issues for this application were accessibility, the impact on the area and car parking provision;

·                There were a number of properties already on this street that had been extended. Therefore, despite this application being unique, it was not the first of its kind;

·                There were already a large number of ground floor extensions, all with varying styles;

·                There was no longer consistency in house styles on the road;

·                The home owners had been considerate to neighbours and properties;

·                The extension would not block neighbours’ light or obstruct neighbours’ windows;

·                The risk of this application setting a precedent should not be grounds for refusing planning permission;

·                This application should be supported and encouraged it was unique and would enhance the character of Common Rise; and

·                Design and character should not be the deciding factor for refusing planning permission as the design would not impact the street.

The following Members sought clarification from Councillor Tart’s presentation:

·                Councillor Ian Mantle; and

·                Councillor Daniel Allen.

In response to questions raised, Councillor Tart responded as follows:

·                The half semi-detach was untouched and required modernisation; and

·                Th correct measurements were obtained from the applicant.

The Chair thanked Councillor Tart for her presentation.

Councillor Tart disabled her camera and microphone.

Mr Adam Thapar thanked the Chair for the opportunity to speak in support of application 20/00012/FPH, including:

·                Fewer than 1 in 10 homes (approximately 7%) of the UK housing stock was disabled friendly and accessible;

·                The extension focused on ensuring better accessibility throughout the ground and first floor;

·                This proposal strived to improve living conditions for all people;  ...  view the full minutes text for item 108.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Extension of existing rear dormer and insertion of new window to first floor bedroom to rear.

RESOLVED: That, in respect of application 20/00374/LDCP, a Lawful Development Certificate be GRANTED.

Audio Recording 3 Hours 34 Minutes 8 Seconds

Extension of existing rear dormer and insertion of new window to first floor bedroom to rear.

The Development and Conservation advised the item was on the agenda as the applicant was an employee of the Council working in the Planning Department.

The Development and Conservation Manager presented the report in respect of application 20/00374/LDCP supported by a visual presentation consisting of photographs and plans.

It was proposed by Councillor Weeks, seconded by Councillor Brown and upon being put to the vote, it was

RESOLVED: That, in respect of application 20/00374/LDCP, a Lawful Development Certificate be GRANTED.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Two storey side extension, porch and car port following demolition of existing single storey side extension.

RESOLVED: That planning application 20/00646/FPH be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager.

Audio Recording – 3 Hours 38 Minutes 23 Seconds

Two storey side extension, porch and car port following demolition of existing single storey side extension.

The Principal Planning Officer presented the report in respect of application 20/00646/FPH supported by a visual presentation consisting of photographs and plans.

It was proposed by Councillor Tyler, seconded by Councillor Brown and upon being put to the vote, it was

RESOLVED: That planning application 20/00646/FPH be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the report entitled Planning Appeals be noted.

Audio Recording – 3 Hours 43 Minutes 44 Seconds

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

RESOLVED: That the report entitled Planning Appeals be noted.