Agenda, decisions and minutes

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 John Bishop, Mike Rice and Terry Tyler.

Having given due notice Councillor George Davies substituted for Councillor Mike Rice and Councillor Michael Muir substituted for Councillor John Bishop.  

Audio recording – 36 seconds

Apologies for absence were received from Councillors John Bishop, Mike Rice and Terry Tyler.

Having given due notice Councillor George Davies substituted for Councillor Mike Rice and Councillor Michael Muir substituted for Councillor John Bishop. 

RESOLVED: That Councillor David Levett be elected as Vice-Chair of the Planning Control Committee for the remainder of the civic year 2021/22.

Audio recording – 1 minute

The Chair called for nominations for Vice-Chair of the Planning Control Committee for the remainder of the civic year 2021/22.

Councillor Val Bryant proposed Councillor Ian Mantle as Vice-Chair and was seconded by Councillor Mike Hughson.

Councillor Morgan Derbyshire raised a Point of Order to confirm with the Chair whether Councillor Ian Mantle was a full Member of the Committee. The Chair confirmed that Councillor Mantle had replaced Sue Ngwala who had stood down as a Councillor.

Councillor Morgan Derbyshire proposed Councillor David Levett as Vice-Chair and was seconded by Councillor Michael Muir.

Following votes on each of the proposed candidates, it was:

RESOLVED: That Councillor David Levett be elected as Vice-Chair of the Planning Control Committee for the remainder of the civic year 2021/22.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 16 September 2021.

RESOLVED: That the minutes of the meeting on 16 September 2021 be approved as a true record of proceedings and signed by the Chair.

Audio Recording – 5 minutes 46 seconds

Councilor Ruth Brown, as Chair, proposed and Councilor Val Bryant seconded and, following a vote, it was:

RESOLVED:That the Minutes of the Meeting of the Committee held on 16 September 2021 be approved as a true record of the proceedings and be signed by the Chair.

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 – 6 minutes 33 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)       The Chair gave advice to the registered speakers on the speaking procedure and time limits.

(5)       The Chair advised that Item 10 ‘Planning Appeals’ would be taken following Item 6 ‘Public Participation’ and Item 9 ‘Land at Windmill Close, Barkway’ would be taken following Item 7 ‘The Bell Inn, Codicote’.

Audio recording – 6 minutes 38 seconds

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

(2)       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.

(3)       The Chair gave advice to the registered speakers on the speaking procedure and time limits.

(4)       The Chair announced a comfort break would be taken around 9pm, at a suitable time in the proceedings.

(5)       The Chair advised that there was a change to the order of business and Item 10 would be taken ahead of Item 7 and that Item 9 would be taken ahead of Item 8.

To receive petitions, comments and questions from the public.

The Chair confirmed that the four registered speakers were in attendance.

Audio recording – 8 minutes 33 seconds

The Chair confirmed that the four registered speakers were in attendance.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Residential development comprising of 9 dwellings including associated parking, landscaping and refuse storage and provision of car parking spaces for Public House use following demolition of existing outbuildings (Amended by plans received 18.03.2021) (New drainage and other documents received 29.09.2021)

RESOLVED: That application 20/01764/FP be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following amendments to conditions:

·         Condition 20 be removed.

·         Condition 21 to become Condition 20, Condition 22 to become Condition 21 and Condition 23 to become Condition 22.

·         Condition 5 to be amended to the following:

“Prior to commencement of the approved development (excluding demolition), the following landscape details shall be submitted:

1.     which, if any, of the existing vegetation is to be removed and which is to be retained.

2.     what new trees, shrubs, hedges and grassed areas are to be planted, together with the species proposed and the size and density of planting.  This shall include planting west of the Plot 1 dwelling.

3.     the location and type of any new walls, fences or other means of enclosure and any hardscaping proposed.

4.     details of any earthworks proposed.

Reason: To ensure the submitted details are sufficiently comprehensive to enable proper consideration to be given to the appearance of the completed development.”

·         Condition 19 to be amended to the following:

“The development permitted by this planning permission shall be carried out in accordance with the Document 65204340-SWE-ZZ-XX-CO-C-0001-P01, prepared by Sweco UK Limited, Dated 29.09.2021 and the following mitigation measures;

1.    Limiting the surface water run-off rates to a maximum of 3.5l/s for all rainfall events up to and including the 1 in 100 +40% climate change event with discharge into the Thames Water Foul Water Sewer. 

2.    Provide attenuation (700mm of storage within the type 3 subbase, or such volume agreed by the LPA) to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + 40% climate change event. 

3.    Implement the drainage strategy utilising lined permeable paving, type 3 subbase and a Hydrobrake flow control device. 

Reason: To reduce the risk of flooding to the proposed development and future occupants.”

Audio recording – 14 minutes 34 seconds

Councillor Ian Moody advised that he had a vested interest in this application and, following advice from the Legal Regulatory Team Manager, he left the room for the duration of the item.

The Senior Planning Officer presented the report in respect of application 20/01764/FP supported by a visual presentation consisting of photographs and plans.

The Senior Planning Officer advised of updates to the report including:

·         Further objections had been received from the residents of 61 and 63 High Street, including; maintenance concerns, does not deal with flooding in basement and greater impacts on High Street. The Senior Planning Officer advised that he did not consider these as new issues which needed to be addressed.

·         The Lead Local Flood Authority (LLFA) had responded to new drainage plans submitted and recommended that planning permission be granted, with the addition of the conditions in their letter.

The Chair invited David Hainsworth and Catherine Gillings to speak against the application.

David Hainsworth and Catherine Gillings thanked the Chair for the chance to address the Committee and gave a verbal presentation including:

·         The application does not comply with Government planning policy and the applicants had not addressed the reasons for previous deferment by Committee.

·         There were several listed buildings in the vicinity of the site.

·         The basement of The Bell Inn was consistently flooded and there were other flooding concerns in the areas surrounding the site.

·         The proposed scheme is an overdevelopment and impacts on the privacy of existing residents.

The Chair invited Mark Westcott, agent of the applicant, to speak in support of the application.

Mark Westcott thanks the Chair for the chance to address the Committee and gave a verbal presentation including:

·         Officer recommendation had been given.

·         Oldham Residential had gone to great effort and cost to produce further documentation following the deferral at the previous meeting.

·         The Conservation Officer can find no reasonable grounds for refusal of this application.

·         The LLFA have removed their objection to the proposals.

·         Proposals would make a positive contribution to North Herts housing targets, which are not currently met.

·         Worked collaboratively with Officers and experts.

·         There had been no objection from the local Highways Authority.

·         Local sourcing, low water consumption, landscaping and e-charging points have all been included in plans to meet environmental requirements.

·         Anti-social behaviour has been ongoing on the site and this development would help to address these issues.

The following Members asked questions:

·         Councillor Tony Hunter

In response to questions, Mark Westcott, advised that he believed that basement flooding on the site had been taken into account.

In response to questions, the Senior Planning Officer advised:

·         Drainage would flow away from 61 and 62 High Street and the LLFA had no objections to these plans.

·         The housing mix was suitable for the area.

·         The 30 metre spacing for privacy was guidance.

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

·         Councillor David Levett

·         Councillor Tony Hunter

The Senior Planning Officer advised that he was unsure  ...  view the full minutes text for item 16.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of 24 dwelling including extended access from Knights Templar Court and all associated works following demolition of existing dwelling and outbuildings. Pedestrian access onto London Road. (Amended plan received 27/09/21).

RESOLVED: That application 20/02507/FP be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager.

Audio recording – 68 minutes 56 seconds

The Senior Planning Officer presented the report in respect of application 20/02507/FP supported by a visual presentation consisting of photographs and plans and offered the following updates:

·         Two late representations had been made by neighbours.

·         The first had questioned whether further amended plans had been received other than those dated 27 September. The Senior Planning Officer responded and confirmed that neighbours were not consulted on the amended plans as it was not deemed to be material to the scheme.

·         The neighbour also questioned NHDCs role in the decision as the landowner.

·         The second neighbour response received requested more time to review plans, but this was not required as it was a response to the notification of the Committee meeting date.

·         Herts County Council Growth and Infrastructure Unit had requested that secondary education payment was changed from use solely at Knights Templar School towards the extension of Knights Templar School or an additional school north of the town, which had been agreed with the agent.

·         An amended plan had been received which displayed the agreed height reductions on plots 22, 23 and 24.

The following Members asked questions:

·         Councillor Ruth Brown

In response to questions the Senior Planning Officer advised that the footpaths on the site would be for both pedestrian and cyclist use.

The Chair invited Ryan Albone to give a presentation in support of the application.

Ryan Albone thanked the Chair for the chance to address the Committee and gave a verbal presentation, which included:

·         Foxbury owned the land which had the existing property on, as well as the access road. NHDC owned the southern portion of the site, which was formerly allotments last used in 2016.

·         Design of properties has been conducted in line with the character of the surrounding properties.

·         The site has good access to schools, shops and transport amenities in the town.

·         Enhanced sustainability conditions, likely to include triple-glazed windows, EV charging points and solar panels.

·         Section 106 contributions would be made across the town and amount to in excess of £160,000.

·         Development would begin in the new year, with the completion of affordable housing as a priority.

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

·         Councillor Michael Muir

·         Councillor David Levett

·         Councillor George Davies

In response to questions, the Senior Planning Officer advised:

·         Would need to confirm whether the access road was within the application site before they could agree on any yellow lines.

·         Fencing and boundaries would be covered by Condition 5.

·         It was possible to review the agreed working hours on site to make it more suitable for existing residents.

·         Section 106 funds had already been agreed.

·         Would need to confirm the status, whether temporary or statutory, of the allotments previously on the site.

Councillor David Levett highlighted that the social/affordable housing was in a separate block, would rather it be within the development. He also highlighted that there were several different terms for the same sites and roads within the Officer’s  ...  view the full minutes text for item 17.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of 24 dwellings and associated access roads. 2.0 m wide pedestrian footpath link to the public open space to the south of Plots 15 and 16 and additional landscape planting between the parking bays and the public open space in the same area of the site (as amended by plans received on 21 July 2021).

RESOLVED: That application 20/02779/FP be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following amendments and additions to conditions:

·         Indexation for Herts County Council S106 payments is PUBSEC 175.

·         Condition 6 be amended to the following:

“Prior to the occupation of the development hereby permitted the principal access road shall be provided 5.5 metres wide with the side access road being 4.8 metres wide  to provide localised widening where possible up to 6.0m without encroaching onto plots 17, 18 and 19. All exiting footways are to include tactiles and dropped kerbs at crossing points and links to footways on the new development, thereafter the access roads and footways shall be retained at the position shown on the approved site layout plan number BEV-537-PA-001 Rev E. Arrangements shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

Reason: To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway in accordance with Policy 5 of Hertfordshire’s Local Transport Plan.”

·         Condition 16 to be amended to the following:

“The development permitted by this planning permission shall be carried out carried out in accordance with LLFA consultation letter dated 15 September 2021 prepared by EAS with attachments A-E (Appendix A proposed site layout plan BEV-357-PS-001-Rev E) prepared by MS Square Architect Ltd. Appendix B proposed drainage layout 2822 SK01 Rev D dated 14 September 2021, appendix C Source Control Calculations dated 15 September 2021, Appendix D Micro drainage calculations dated 15 September 2021, appendix E Exceedance Routes 2822 SK05 dated 15 September 2021 all prepared by EAS and the following mitigation measures:

1.    Provide minimum attenuation of 162.8 cubic metres and infiltration 262.6 cubic metres to ensure no increase in surface water run off volumes for all rainfall events up to and including the 1 in 100 year + climate change (40%) event.

2.    Implement drainage strategy based private soakaways, permeable paving with sub-base on all roads, mews and parking areas, oversized pipe, geocellular attenuation tanks and a restricted discharge at 2.5I/s at MH44 and 2.9I/s at MH14 via a Hydro brake into the Thames water foul water sewer.

Reason: To prevent flooding by ensuring the satisfactory storage/disposal of surface water from the site.”

·         Condition 17 to be added as follows:

“No development shall take place until the final design of the drainage scheme is completed and sent to the LPA for written approval. All approved drainage details shall be carried out carried out in accordance with LLFA consultation letter dated 15 September 2021 prepared by EAS with attachments A-E (Appendix A proposed site layout plan BEV-357-PS-001-Rev E) prepared by MS Square Architect Ltd. Appendix B proposed drainage layout 2822 SK01 Rev D dated 14 September 2021, appendix C Source Control Calculations dated 15 September 2021, Appendix D Micro drainage calculations dated 15 September  ...  view the full decision text for item 18.

Audio recording – 52 minutes 47 seconds

The Development and Conservation Manager presented the report in respect of application 20/02779/FP supported by a visual presentation consisting of photographs and plans.

The Development and Conservation Manager outlined three additional conditions requested by the LLFA, which included:

·         Drainage scheme should be carried out in accordance with a certain specification.

·         More detailed engineering drawings to be agreed prior to commencement.

·         Verification and checking reports upon completion.

Further updates provided by the Development and Conservation Manager included:

·         Barkway Parish Council continued to object to the development on grounds that local drainage systems would not cope.

·         Condition 6 would be reworded to ensure that road widening should take place as requested, but not to impact the size of plots 17, 18 or 19.

The following Members asked questions:

·         Councillor David Levett

In response to questions, the Development and Conservation manager advised that of the three new conditions, only the condition relating to detailed engineering drawings would be restrictive of the development commencing.

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

·         Councillor Ian Mantle

In response to the debate and questions, the Development and Conservation Manager advised that the whole site was within the village boundary of the new Local Plan.

Councillor David Levett highlighted that social/affordable housing was in a separate block, which was not preferred but at least there was some included within the development.

Councillor David Levett proposed and Councillor Michael Muir seconded and, following a vote, it was:

RESOLVED: That application 20/02779/FP be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following amendments and additions to conditions:

·         Indexation for Herts County Council S106 payments is PUBSEC 175.

·         Condition 6 be amended to the following:

“Prior to the occupation of the development hereby permitted the principal access road shall be provided 5.5 metres wide with the side access road being 4.8 metres wide  to provide localised widening where possible up to 6.0m without encroaching onto plots 17, 18 and 19. All exiting footways are to include tactiles and dropped kerbs at crossing points and links to footways on the new development, thereafter the access roads and footways shall be retained at the position shown on the approved site layout plan number BEV-537-PA-001 Rev E. Arrangements shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

Reason: To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway in accordance with Policy 5 of Hertfordshire’s Local Transport Plan.”

·         Condition 16 to be amended to the following:

“The development permitted by this planning permission shall be carried out carried out in accordance with LLFA consultation letter dated 15 September 2021 prepared by EAS with attachments A-E (Appendix A proposed site layout plan BEV-357-PS-001-Rev E) prepared by MS Square Architect Ltd. Appendix B proposed  ...  view the full minutes text for item 18.

RESOLVED: That the report entitled ‘Planning Appeals’ be noted.  

Audio recording – 8 minutes 44 seconds

The Development and Conservation Manager presented the report entitled ‘Planning Appeals’ and drew attention to the following:

·         Lots of appeals had been submitted and further appeals were in the pipeline.

·         The Gladman’s site in Royston had not launched an appeal and the deadline for this site had passed.

·         The Heath Lane/Codicote appeal decision was awarded costs at appeal and this had been received at £43,000, subject to Officer confirmation. The legal fees defending this decision had come to around £30,000.

·         A training course would be arranged to build on previous training and to reflect on decisions made at previous Planning Control Committee meetings.

The Chair encouraged all Members and substitutes to attend the training organised and also outlined for Members that any sites already allocated in the Local Plan could no longer use Green Belt as a reason for refusing permission.

The Vice-Chair, Councillor David Levett, advised that until the Local Plan was adopted, the Committee would have difficulties refusing plans across the board.

The following Members asked questions:

·         Councillor Mike Hughson

In response to questions, the Development and Conservation Manager advised:

·         The total costs owed by the Council were the £43,000 outlined previously.

·         There was £10,000 spent on enforcement.

·         There was an expectation that the Gladman’s site would require external consultants but as no appeal was lodged, this was no longer required.

RESOLVED: That the report entitled ‘Planning Appeals’ be noted.