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;

·                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 – 24 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 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;

·                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.

Members are required to notify any substitutions by midday on the day of the meeting.

Late substitutions will not be accepted and Members attending as a substitute without having given the due notice will not be able to take part in the meeting.

Apologies for absence were received from Councillor Morgan Derbyshire.

Having given due notice, Councillor Michael Muir advised that he would be substituting for Councillor Morgan Derbyshire.

Audio Recording – 3 Minutes 45 Seconds

Apologies for absence were received from Councillor Morgan Derbyshire.

Having given due notice, Councillor Michael Muir advised that he would be substituting for Councillor Morgan Derbyshire.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 10 February 2021 and 24 February 2021.

RESOLVED:

(1)       That the Minutes of the Meeting of the Committee held on 10 February 2021 and 24 February 2021  be approved as a true record of the proceedings and be signed by the Chair; and

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

Audio Recording – 3 Minutes 54 Seconds

RESOLVED:

(1)       That the Minutes of the Meeting of the Committee held on 10 February 2021 and 24 February 2021  be approved as a true record of the proceedings and be signed by the Chair; and

(2)       That, with the authorisation of the Chair, their 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 – 4 Minutes 54 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 10 minutes for each group of speakers i.e. 10 minutes for objectors and 10 minutes for supporters. This 10 minute time limit also applied to Member Advocates.

Audio Recording – 5 Minutes

(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 10 minutes for each group of speakers i.e. 10 minutes for objectors and 10 minutes for supporters. This 10 minute time limit also applied to Member Advocates.

To receive petitions, comments and questions from the public.

The Chair confirmed that the registered speakers were present.

Audio Recording – 8 Minutes 17 Seconds

The Chair confirmed that the registered speakers were present.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Residential development of 167 dwellings (Use Class C3) and associated works including formal open space, internal road network, landscape enhancement and creation of accesses from Heath Lane and St Albans Road; and the demolition of 66 St Albans Road (as amended by drawings received 1st and 6th November 2018, 17th and 18th December 2018 and 3rd April 2019).

Councillor Ian Moody declared that he was acting as Member Advocate on the item and would therefore not take part in the debate and vote.

RESOLVED: That application 18/02722/FP be REFUSED planning permission for the following reasons:

(1)       The application site is within an area designated in the North Hertfordshire District Local Plan no.2 with Alterations as Green Belt, within which there is a presumption against inappropriate development, such as that proposed, unless very special circumstances can be demonstrated. In the view of the Local Planning Authority the proposal is not supported by such very special circumstances. Moreover, it would harm the fundamental aim of Green Belt policy which seeks to maintain the openness of the area. As such, the proposal would not accord with the provisions of Policy 2 of the District Local Plan no.2 with Alterations 1996 or with the provisions of Section 13 of the National Planning Policy Framework (NPPF).

(2)       In the opinion of the Local Planning Authority, the emerging plan is at an advanced stage but is not yet formally part of the development plan for the area. The proposed development and the cumulative effect of other proposed land allocations in this locality, would be so significant, that to grant planning permission would undermine the plan making process by predetermining decisions about the scale, location or phasing of new development that are central to the emerging Plan as demonstrated by the extent of unresolved objections to the proposed land allocation, Policy CD5 of the Emerging North Hertfordshire District Local Plan (2011-2031) (Incorporating Modifications) which mean only limited weight can be applied to this policy. The proposal is therefore premature under the provisions of Paragraph 49 (a) and guidance on weight to be applied to emerging policies under paragraph 48 (b) of the National Planning Policy Framework (NPPF).

(3)       At the time of determination the planning application, the subject of this decision notice, has not been accompanied by a valid legal undertaking (in the form of a completed S106 Obligation) securing the provision of the requisite infrastructure and financial contributions towards off site infrastructure or on site affordable housing. The secure delivery of these obligations is required to mitigate the impact of the development on the identified services in accordance with the adopted Planning Obligations SPD, Saved Policy 51 of the North Hertfordshire District Local Plan No. 2 - with Alterations or proposed Local Plan Policy HS2 of the Submission Local Plan (2011-2031). Without this mechanism to secure these provisions the development scheme cannot be considered as a sustainable form of development contrary to the requirements of the National Planning Policy Framework (NPPF).

Proactive Statement:

Planning permission has been refused for this proposal for the clear reasons set out in this decision notice. The Council acted proactively through positive engagement with the applicant in an attempt to narrow down the reasons for refusal but fundamental objections could not be overcome. The Council has therefore acted proactively in line with the requirements of the Framework (paragraph 38)  ...  view the full decision text for item 115.

Audio Recording – 8 Minutes 25 Seconds

Residential development of 167 dwellings (Use Class C3) and associated works including formal open space, internal road network, landscape enhancement and creation of accesses from Heath Lane and St Albans Road; and the demolition of 66 St Albans Road (as amended by drawings received 1st and 6th November 2018, 17th and 18th December 2018 and 3rd April 2019).

Councillor Ian Moody declared that he was acting as Member Advocate on the item and would therefore not take part in the debate and vote.

Councillor Michael Muir sought legal advice from the Legal Regulatory Team Manager and Deputy Monitoring Officer in regards to this item. He explained that he was the Vice-Chair of the Development Committee at Hertfordshire County Council and he had voted at that Committee on the school expanding from 1 to 2 form entry.

The Legal Regulatory Team Manager and Deputy Monitoring Officer advised that the school expansion was not a matter for the Planning Control Committee and therefore, Councillor Muir was able to debate and vote on the item as there was no declarable interest.

The Principal Planning Officer – Strategic Sites introduced some additional Officers who were in attendance at the Committee to assist in answering questions. These were:

·                Nigel Smith - Strategic Planning Manager;

·                Roger Taylor – Principal Engineer, Development Management (HCC Highways);

·                Russell Monck – Team Leader (West) Growth and Infrastructure Unit;

·                Kate Ma – Senior Planning Officer (School Planning Team – Children’s Services).

The Principal Planning Officer – Strategic Sites provided some updates to the report as follows:

·                Paragraph 4.3.150 of the report - the Inspector’s schedule of Further Main Modifications had been received on 10March and these were put on the Council’s website on 11 March;

·                Consultation Responses – since the Committee Report was published, approximately 59 further public objections had been received, which included a further response from Codicote Parish Council, from Save Rural Codicote, together with a letter from Richard Buxton Solicitors on their behalf and second letter was received about three hours ago.  In addition, a further letter of objection had been received from Stephen McPartland MP. The matters raised in these additional objections were summarised in paragraphs 3.20 to 3.32 of the report;

·                There was discrepancy within the report regarding the s106 contribution towards the upgrade and improvement of existing bus stops on the High Street.  At paragraph 4.3.81 of the report it referred to the figure of £56,000, whereas the correct figure agreed was £76,000;

·                With regards to an email Members received from the Herts and Middlesex Wildlife trust, the Officer had spoken with Herts Ecology. Herts Ecology recommended a further condition, to establish the presence, or not, or protected species before works commence on site.  The Condition read as follows:

‘Prior to commencement of development, an ecological walkover survey shall be conducted to assess the potential for protected species such as reptiles, amphibians or badgers which may have moved onto the site, depending on its condition. Any  ...  view the full minutes text for item 115.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the report entitled Planning Appeals be noted.

REASON FOR DECISION: To keep the Planning Committee apprised of planning appeals lodged and planning appeal decisions.

Audio Recording – 2 Hours 36 Minutes 21 Seconds

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

It was:

RESOLVED: That the report entitled Planning Appeals be noted.

REASON FOR DECISION: To keep the Planning Committee apprised of planning appeals lodged and planning appeal decisions.