Agenda, decisions and minutes

Members are requested to ensure that they are familiar with the attached summary of the Remote/Partly Remote Meetings Protocol. The full Remote/Partly Remote Meetings Protocol has been published and is available here: https://www.north-herts.gov.uk/home/council-and-democracy/council-and-committee-meetings.

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. There was also the opportunity for the public and press to listen to and view proceedings.

The Chair invited the Committee, Member and Scrutiny Officer to explain how proceedings would work and to confirm that Members and Officers were in attendance.

The Committee, Member and Scrutiny Officer undertook a roll call to ensure that all Members, Officers and registered speakers could hear and be heard and gave advice regarding the following:

The meeting was being streamed live onto YouTube and recorded via Zoom.

Extracts from the Remote/Partly Remote Meetings Protocol were included with the agenda and the full version was available on the Council’s website which included information regarding:

·                Live Streaming;

·                Noise Interference;

·                Rules of Debate;

·                Voting and;

·                Part 2 Items.

Members were requested to ensure that they were familiar with the Protocol.

The Chair of the Planning Control Committee, Councillor Ruth Brown started the meeting proper.

Audio recording – 9 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. There was also the opportunity for the public and press to listen to and view proceedings.

The Committee, Member and Scrutiny Officer undertook a roll call and drew attention to the Remote/Partly Remote Meetings Protocol Summary which gave advice regarding the following:

·                Attendance;

·                Live Streaming;

·                Noise Interference;

·                Rules of Debate;

·                Voting; and

·                Part 2 Items.

The Chair, Councillor Ruth Brown, started the meeting proper.

Apologies for absence were received from Councillor Ian Moody, Councillor Michael Muir as a substitute and Councillor Lisa Nash as a Member Advocate.

Audio recording – 3 minutes 56 seconds

Apologies for absence were received from Councillors Ian Moody, Michael Muir as Substitute, and Lisa Nash as Member Advocate.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the following dates:

13 February 2020;

28 May 2020;

18 June 2020;

16 July 2020;

20 August 2020;

17 September 2020;

15 October 2020;

19 November 2020.

RESOLVED:

(1)       That the Minutes of the meetings of the Planning Control Committee held on 13 February 2020, 28 May 2020, 18 June 2020, 16 July 2020, 20 August 2020, 17 September 2020, 15 October 2020 and 19 November 2020 be approved as a true record of the proceedings;

(2)       That, with the authorisation of the Chair, her electronic signature and initials be attached to the Minutes approved in (1) above.

Audio Recording – 4 minutes 31 seconds

Councillor Ruth Brown advised that since the beginning of March, when NHDC started to hold meetings remotely, it had not been possible to approve Minutes of meetings. Minutes could now be approved with the electronic signature of the Chair being applied following approval.

There were 8 sets of Minutes to agree:

·                13 February 2020;

·                28 May 2020;

·                18 June 2020;

·                16 July 2020;

·                20 August 2020;

·                17 September 2020;

·                15 October 2020;

·                19 November 2020.

The Legal and Regulatory Team Manager confirmed that the current Chair of the Committee could sign the minutes on behalf of any other Chair who may have chaired a meeting in her absence.

Councillor Ruth Brown proposed, Councillor Daniel Allen seconded and it was:

RESOLVED:

(1)       That the Minutes of the Meeting of the Committee held on 13 February 2020, 28 May 2020, 18 June 2020, 16 July 2020, 20 August 2020, 17 September 2020, 15 October 2020 and 19 November 2020 be approved as a true record of the proceedings and be signed by the Chair;

(2)       That, with the authorisation of the Chair, her electronic signature and initials be attached to the Minutes approved in (1) above.

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 – 8 minutes 35 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, 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 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)       To clarify matters for the registered speakers the Chair advised 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.

A warning would be given at 4 ½ minutes and speakers would be asked to cease at 5 minutes.

Audio recording – 8 minutes 39 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 as well as filmed. The audio recordings would be available to view on Mod.gov and the film recording via the NHDC Youtube channel.

(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)       To clarify matters for the registered speakers the Chair advised 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.

A warning would be given at 4 ½ minutes and speakers would be asked to cease at 5 minutes.

To receive petitions, comments and questions from the public.

The Chair confirmed that the registered speakers and Member Advocate were in attendance.

Audio recording – 10 minutes 2 seconds

The Chair confirmed that the registered speakers were in attendance.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of one detached 4-bed and two detached 5-bed dwellings including garages and creation of vehicular access off Back Lane (as amended by plan received 19.11.2020).

This item had been withdrawn from the agenda.

Audio recording – 10  minutes 17 seconds

Erection of one 4-bed and two detached 5-bed dwellings including garages and creation of vehicular access off Back Lane (as amended by plan received 19.11.2020).

The Chair advised that this item had been withdrawn from the agenda.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Replace existing wood floor to Hitchin Town Hall using solid oak floor planks secret nailed/ glued to new hardwood support battens.

RESOLVED:  That application 20/02371/LBC be GRANTED planning permission subject to the conditions and reasons in the report of the Development and Conservation Manager and the following additional condition and reason:

Condition 3 to be added to read:

“Notwithstanding the Method Statement dated 13/10/2020 prepared by Floorteq Limited and in which it states that 'Timber waste and general building debris to be transferred to waste skips via side entrance in Grammar School Walk', details regarding off-site disposal of the existing Kapur timber floor together with details of the source of the oak for the new floor, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the works hereby granted consent.  Thereafter, the works shall be undertaken in accordance with the approved details.

Reason: To ensure that special regard is paid to protecting the special architectural and historic interest and integrity of this grade II listed building under Section 16(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and to comply with the 'NHDC Climate Change Strategy 2020-2025' where at 'Appendix B - Proposed actions' it states that, NHDC will continue to work with its suppliers and contractors to minimise the environmental impact of their products and services across NHDC sites and to work with and where possible require its suppliers and contractors to reduce the impact of goods and services by considering whole life costs.”

Audio recording – 10 minutes 25 seconds

Replace existing wood floor to Hitchin Town Hall using solid oak floor planks secret nailed/glued to new hardwood support battens.

The Conservation Officer presented the report in respect of application 20/02371/LBC supported by a visual presentation consisting of photographs and plans.

The following Members asked questions and took part in debate:

·                Councillor Daniel Allen;

·                Councillor David Levett;

·                Councillor Mike Hughson;

·                Councillor Tony Hunter.

In response to questions raised, the Conservation Officer responded as follows:

·                The application could have been approved by delegated authority if the building had not been owned by North Hertfordshire District Council;

·                A condition could be added to request that details of the oak floor to be used would be submitted to the Local Planning Authority to satisfy it that the material had come from a sustainable source, and also that the existing Kapur floor had been disposed of appropriately;

·                It should be possible to obtain a replacement bespoke key for the sprung floor, although it was unclear whether the sprung floor system would still be able to function and whether using the mechanism could cause problems.

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

RESOLVED:  That application 20/02371/LBC be GRANTED planning permission subject to the conditions and reasons in the report of the Development and Conservation Manager and the following additional condition and reason:

Condition 3 to be added to read:

“Notwithstanding the Method Statement dated 13/10/2020 prepared by Floorteq Limited and in which it states that 'Timber waste and general building debris to be transferred to waste skips via side entrance in Grammar School Walk', details regarding off-site disposal of the existing Kapur timber floor together with details of the source of the oak for the new floor, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the works hereby granted consent.  Thereafter, the works shall be undertaken in accordance with the approved details.

Reason: To ensure that special regard is paid to protecting the special architectural and historic interest and integrity of this grade II listed building under Section 16(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and to comply with the 'NHDC Climate Change Strategy 2020-2025' where at 'Appendix B - Proposed actions' it states that, NHDC will continue to work with its suppliers and contractors to minimise the environmental impact of their products and services across NHDC sites and to work with and where possible require its suppliers and contractors to reduce the impact of goods and services by considering whole life costs.”

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Conversion and extension of existing outbuildings to form two semi-detached 3-bed dwellings including creation of vehicular access off Radcliffe Road together with associated parking and amenity area (as amended by plan received 21.10.20).

RESOLVED: That application 20/01638/FP be DEFERRED for the following reason:

Pending further information on all matters relating to the issues discussed by the Planning Control Committee.

Audio recording – 28 minutes 16 seconds

Conversion and extension of existing outbuildings to form two semi-detached 3-bed dwellings including creation of vehicular access off Radcliffe Road together with associated parking and amenity area (as amended by plan received 21.10.20).

The Principal Planning Officer presented the report in respect of application 20/01638/FP supported by a visual presentation consisting of photographs and plans and provided the Committee with the following updates:

·                The amended plan, Revision A to the proposed plans and elevations, showed more clarity in terms of the rooflights proposed on the rear elevation of the refurbished and extended building.

The following Members asked questions:

·                Councillor David Levett;

·                Councillor Mike Rice;

·                Councillor Tony Hunter.

The Principal Planning Officer responded to questions as follows:

·                Current access to the site was via the applicant’s own land between numbers 59 and 60 Radcliffe Road;

·                There would be a planning condition securing electrical vehicle charging points;

·                The overall height of the building would be raised from 6.3 metres to 6.7 metres.

Ms Lisa Montague, thanked the Chair for the opportunity to address the Committee in objection to application 20/01638/FP.

Ms Montague gave a verbal presentation including:

·                In accordance with the National Planning Policy Framework, sustainable development must meet present needs which included the ability for local residents to access parking within the Control Parking Zone (CPZ);

·                There were two petitions objecting to the second access route to the development - one of 44 residents to North Herts District Council and one of 54 residents to Hertfordshire County Council;

·                There was no need for a second access route, the existing one could be used and this would represent more efficient use of land;

·                She had no objection to developing the site in principle, but not at the expense of local residents and parking;

·                The proposed development would remove two on-street parking spaces from an already congested area where parking was a problem;

·                The following sections of the NPPF were cited in support of this position: 102E e), 92A, 92C, 122 and 123C Section 12.

Mr Duncan Leach, thanked the Chair for the opportunity to address the Committee in objection to application 20/01638/FP.

Mr Leach gave a verbal presentation including:

·                The second access route off the highway was not needed, use of the existing access would allow the development to proceed with zero harm;

·                He considered that the necessary consultation with the relevant stakeholders for amending the CPZ had not occurred;

·                He showed the Committee a photograph showing the busy parking on the road which had increased due to people staying at home during the pandemic.

Councillor Ian Albert, Member Advocate, thanked the Chair for the opportunity to address the Committee in objection to application 20/01638/FP.

Councillor Ian Albert gave a verbal presentation including:

·                This was the latest in a series of applications in the roads off Walsworth Road and Nightingale Road, Hitchin, which were likely to have a detrimental effect on parking and increase the number of vehicles in the area;

·                The development would necessitate  ...  view the full minutes text for item 75.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of one detached 4-bed dwelling including creation of vehicular access off Slip Lane.

RESOLVED: That application 20/02474/FP be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager.

NB: The Committee took a comfort break at 21.01

The meeting resumed at 21.16 at which time the Committee, Member and Scrutiny Manager undertook a roll call.

Audio recording – 1 hour 15 minutes 55 seconds

Erection of one detached 4-bed dwelling including creation of vehicular access off Slip Lane.

The Principal Planning Officer presented the report in respect of application 20/02474/FP supported by a visual presentation consisting of photographs and plans and provided the Committee with the following updates:

·                The Addendum Report differed from the original report only in that it included the formal comments of Heritage England who did not wish to comment on the application;

·                Councillor Lisa Nash had confirmed her support of Codicote Parish Council’s objection.

Ms Tracey Sullivan thanked the Chair for the opportunity to address the Committee in support of application 20/02474/FP.

Ms Sullivan gave a verbal presentation including:

·                The scheme had been approached with thought and consideration to the surroundings;

·                Professional, impartial advice had been sought on the development from a variety of sources including on planning, ecology, arboricultural and highways.

The following Councillors took part in debate:

·                Councillor David Levett;

·                Councillor Daniel Allen.

It was proposed by Councillor David Levett, seconded by Councillor Daniel Allen, and:

RESOLVED: That application 20/02474/FP be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager.

NB: The Committee took a comfort break at 21.01

The meeting resumed at 21.16 at which time the Committee, Member and Scrutiny Manager undertook a roll call.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of three Class E (former B1C, B2 and B8) units with associated car parking and ancillary works.

RESOLVED: That application 20/01017/FP be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager.

Audio recording – 1 hour 46 minutes 38 seconds

Erection of three Class E (former B1C, B2 and B8) units with associated car parking and ancillary works.

The Development and Conservation Manager presented the report in respect of application 20/01017/FP supported by a visual presentation consisting of photographs and plans and provided the Committee with the following updates:

·                There had been discussion with the applicant’s agent and the description of the development had been changed to read as follows: Erection of three Class E (former Class B1C units), B2 and B8 units with associated car parking and ancillary works. This clarified that it was only the former Use Class B1C that fell within the new Use Class E.

·                The wording of recommended Condition 3 had also been changed to read: Notwithstanding the provisions of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 Order the approved units should only be used for uses falling within Use Class E(g) which was former Use Class B1, B2 and B8, and should not be changed to any other use including any other uses within the new Use Class E which could include A1, A2, A3, D1 without first obtaining a specific planning permission from the local planning authority;

·                Because of those changes to the recommendation, there needed to be subsequent changes to paragraphs 4.32, 4.33 and 3.33.

The Development and Conservation Manager clarified that in September 2020 a new Use Class Order was produced which had replaced Use Classes B1A, B1B, B1C and D1 with a new Class E which related to Commercial Business and Service Uses. The agent and applicant had confirmed that they continued to seek a flexible planning permission for one element of Class E which was former Class B1, B2 and B8, i.e. a flexible permission for office use, light industrial, general industrial and warehouse storage and distribution uses. It was a speculative planning application with no identified end user for each of the proposed units. The purpose of recommended Condition 3 was to prevent changes of use to other uses within the new Class E such as retail, leisure or any other uses without planning permission, i.e. it was not a completely open-ended commercial planning permission. Condition 3 however did allow changes of use within the scope of office, light industrial, general industrial and storage use.

The Development and Conservation Manager further updated the Committee as follows:

·                Recommended Condition 15 had been removed as the Environmental Protection Officer had advised that the application site boundary was not adjacent to the site which housed an electricity substation, therefore it had been accepted that no further intrusive investigation was required at that site;

·                With regard to the Materials Condition (4) it had been suggested that graded panelling be used to make the building more recessive although it was acknowledged that graded panelling tended to work better on buildings that had a flat roof. The applicant’s agent responded to say that they did not consider graded panelling to be  ...  view the full minutes text for item 77.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

The Development and Conservation Manager updated the Committee on application 20/00507/FP Oughton Head Pumping Station, Hitchin Road, Pirton, Hertfordshire. He advised the Committee that the applicant had withdrawn the application after hearing the Committee’s concerns on water extraction from the chalk stream.

Audio recording – 2 hours 14 minutes 15 seconds

There were no updates on Planning Appeals.

The Development and Conservation Manager advised that application 20/00507/FP Oughton Head Pumping Station had now been withdrawn after being deferred following consideration at the meeting of 15 October 2020.