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 7 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;

·                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.

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 Councillors Sean Prendergast and Ian Moody.

Having given due notice Councillor Carol Stanier advised that she would be substituting for Councillor Prendergast and Councillor Michael Muir advised that he would be substituting for Councillor Moody.

Audio recording – 3 minutes 48 seconds

Apologies for absence were received from Councillors Sean Prendergast and Ian Moody.

Having given due notice, Councillor Carol Stanier advised that she would be substituting for Councillor Prendergast, and Councillor Michael Muir advised that he would be substituting for Councillor Moody.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 20^th January 2021.

RESOLVED:That the Minutes of the Meeting of the Committee held on 20 January 2021 be approved as a true record of the proceedings and the Committee, Member and Scrutiny Officer be authorised to apply the Chair’s digital signature.

Audio Recording – 4 minutes 14 seconds

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

RESOLVED:That the Minutes of the Meeting of the Committee held on 20 January 2021 be approved as a true record of the proceedings and the Committee, Member and Scrutiny Officer be authorised to apply the Chair’s digital signature.

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 – 5 minutes 0 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 – 5 minutes 6 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 recording would be available 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 – 6 minutes 22 seconds

The Chair confirmed that the registered speakers were in attendance.

RESOLVED: That application 20/01886/FP be GRANTED planning permission subject to the conditions and reasons contained in the report of the Senior Planning Officer.

NB: The Committee took a comfort break at 20.50

The meeting resumed at 20.55 at which time the Committee, Member and Scrutiny Manager undertook a roll call.

Audio recording 6 minutes 32 seconds

Erection of homeless shelter to provide 40 bedspaces including creation of vehicular access off Pixmore Avenue, parking, landscaping and associated works (as amended by plans received 12th January 2021).

NB: Committee Member Councillor Sue Ngwala advised that she would be acting as a Member Advocate for this item and would not take part in the debate or vote on this item only.

The Senior Planning Officer presented the report in respect of application 20/01886/FP supported by a visual presentation consisting of photographs and plans, and provided the following updates:

·                It was clarified that the applicant was Haven First and the application was submitted on their behalf by the agent, Smith Jenkins Ltd;

·                There was an error in the published Committee report at paragraph 3.21 which stated that some representations had been removed from the website. However, it was confirmed that no representations had been removed from the website at this time. Representations had been reviewed by the Council’s Policy Team and it had been considered that over 60 of the representations were inappropriate, inflammatory, offensive or based on a negative stereotype of homeless people. As such, all the representations from local residents, management companies and businesses would be removed from the Council’s website after the Committee meeting, as the Council could not condone inappropriate or offensive representations. However the relevant material planning considerations raised had been considered in the report;

·                With reference to paragraph 3.20 of the report, in response to publicity the Local Planning Authority had received 86 representations - 82 were objections, 3 were in support and 1 was neutral;

·                The Crime Prevention Design Advisor, Hertfordshire Constabulary, was incorrectly referred to as the Architectural Liaison Officer in paragraph 4.3.90;

·                There was an error in paragraph 3.3.113.  A condition was not recommended in relation to the use class. The following informative was recommended:

“A homeless shelter does not fall within a Use Class as set out in the Town and Country Planning (Use Classes) Order 1987 (as amended) and is a 'sui generis' use (a use falling 'in a class of its own').  Therefore, planning permission would be required for any change of use of the approved development.”

·                The applicant had agreed to pre-commencement conditions 11, 13 and 17, but had suggested changes to the wording of the other pre-commencement conditions.  Following consultation with the relevant consultees it had been agreed with the agent to change the wording to some of the conditions as follows, as their requested wording was reasonable and acceptable:

3.  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 prior to any works above slab level commencing. The development shall be implemented in accordance with the approved details.

4.  Notwithstanding the approved plans, a detailed landscape scheme shall be submitted to and approved in writing by the Local Planning Authority, and subsequently  ...  view the full minutes text for item 105.

RESOLVED: That application 18/00794/FP be GRANTED planning permission subject to the conditions and reasons contained in the report of the Principal Planning Officer.

Audio recording 1 hour 27 minutes 11 seconds

Change of Use of land to use as a residential caravan site for 8 gypsy families including retention of hardstanding and existing lights.

NB: Councillor Sue Ngwala re-joined the meeting at 8.50pm

Councillor David Levett notified the Committee that as he was named in some of the objections he would not take part in the debate or vote.

The Development and Conservation Manager presented the report with plans and provided the following updates:

·                Nigel Smith, Strategic Planning Manager was present to answer questions on Appendix 2 – the Matter 25 statement that related to the Local Plan;

·                Chris Braybrooke, Senior Compliance Officer was present to answer questions which might be appropriate on any enforcement matters;

·                An apology was given for the lack of photographs – the case officer was not working at the time and due to time and Covid travel restrictions the Development and Conservation Manager had not been able to travel to the site to take photographs;

·                Appendix 1 showed the Temporary Planning Permission which was granted for Gypsy and Traveller Accommodation on this site which had been allowed on appeal against an Enforcement Notice served by the Council. Five year planning permission had been granted by the Inspector to enable the resolution of the issue through the new Local Plan;

·                The Appeal Permission had expired on 8^th March 2017 so from that date this had been an unauthorised development. By 9^th March 2021, the use of land would become lawful, by virtue of the  4 year rule which is well-established in planning law for residential uses;

·                The determination of this planning application had been delayed on the basis that this site would be needed and that the Local Plan would be resolved by March 2021. Recent Local Plan hearings had revealed that the occupiers of this site may not be travellers;

·                The Council was seeking the Inspector’s agreement to modify the plan policy designation as greenbelt. This will allow the Council to regain control of the site and enable the occupants to find alternative accommodation by October 2022;

·                Should Members agree the recommendation, this strategy would negate the need for the Council to rush through an enforcement notice;

·                The alternative of an Enforcement Notice was viewed as unnecessarily adversarial.

Ms Joan Shiach thanked the Chair for the opportunity to address the Committee in objection to application 18/00794/FP.

Ms Shiach’s presentation included:

·                The following points contained in a letter from Codicote Parish Council;

·                The Parish Council continued to object to this application especially when the original appeal application allowed a temporary permission for six pitches whereas this application was indicating eight pitches;

·                The standard of living conditions on site could not be established as no site visits had been undertaken for some considerable time and none were planned in the foreseeable future;

·                The Parish Council would not want to see an increase from six to eight pitches nor for the extension period to be 18 months but would  ...  view the full minutes text for item 106.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the existing area TPO be confirmed.

Audio recording 1 hour 52 minutes 38 seconds

The Development and Conservation Manager presented a report with plans and provided the following updates:

·                Members would have received a number of representations from local residents seeking the Committee’s agreement to confirm the area Tree Preservation Order (TPO) to cover all the trees within the orchard;

·                Apologies were given that there were no photographs due to the case officer being off and annual leave being taken the previous week;

·                The recommendation was to include only three trees in the TPO: a walnut and two sycamores as noted in the Appendix;

·                The TPO needed to be confirmed by 10 March 2021, six months after the provisional TPO was confirmed;

·                Area TPOs are discouraged and only seen as an emergency measure;

·                The government’s area category guidance and appeals procedure was explained in detail;

·                If Members were minded to confirm the TPO as originally envisaged that decision could not be challenged at appeal.

The following Members asked questions:

·                Councillor Ruth Brown;

·                Councillor David Levett;

·                Councillor Tom Tyson;

·                Councillor Michael Muir;

·                Councillor Val Bryant.

The Development and Conservation Manager responded to questions as follows:

·                Just three trees and no others in the orchard would be able to be preserved if the Committee was minded to vote for the recommendation in the officer’s report;

·                If the Committee was minded to reconfirm the area TPO this would make it a criminal offence to fell any tree within the site without further consent;

·                If the area TPO was maintained and this site was then allocated in the Local Plan and a planning application for housing was submitted, in any pre-application discussion officers would advise the applicant that it would be in the best interests of the area to have a scheme that protected the trees and build around existing landscape features in line with best urban design practice rather than felling. The TPO would not stop the felling of the trees, but it would require consent to fell the trees and any refusal of consent could be appealed against;

·                Any conditions to replace felled trees with newly planted ones would be beyond the scope of this order which was simply to identify which trees ought to be protected;

·                The expert had noted that the area had been neglected however this was beyond the remit of the planning authority so further comment was not possible on this.

Mr Phil Davis thanked the Chair for the opportunity to address the Committee in respect of TPO 199 (2020). Mr Davis included the following in his presentation:

·                He was speaking on behalf of local residents and also the Save Hitchin Greenbelt petition which started in December and now had 3000 signatures – all these were opposed to the removal of the TPO;

·                This woodland would not be there if not for the local residents who protested against the felling of the trees in September 2020 when the developer was ready to fell with the equipment;

·                The only reason not to grant the area  ...  view the full minutes text for item 107.

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 1 hour 24 minutes 24 seconds

The Development and Conservation Manager advised that he had no updates to provide on the Planning Appeals which had been circulated.

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.