Agenda, decisions and minutes

Planning Control Committee - Thursday, 2nd December, 2021 7.30 pm

Venue: Council Chamber, District Council Offices

Contact: Committee Services (01462) 474655  Email: committee.services@north-herts.go.uk

Media

Items
No. Item

27.

APOLOGIES FOR ABSENCE

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.

Decision:

Apologies for absence were received from Councillors John Bishop, Mike Hughson, David Levett and Ian Mantle.

 

Having given due notice Councillor Michael Muir substituted for Councillor David Levett, Councillor Simon Bloxham substituted for Councillor John Bishop and Councillor Amy Allen substituted for Councillor Mike Hughson.  

Minutes:

Audio recording – 20 seconds

 

Apologies for absence were received from Councillors John Bishop, Mike Hughson, David Levett and Ian Mantle.

 

Having given due notice Councillor Michael Muir substituted for Councillor David Levett, Councillor Simon Bloxham substituted for Councillor John Bishop and Councillor Amy Allen substituted for Councillor Mike Hughson.

28.

MINUTES - 4 NOVEMBER pdf icon PDF 327 KB

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 4 November 2021.

Decision:

RESOLVED: That the minutes of the meeting on 4 November 2021 be approved as a true record of proceedings and signed by the Chair.

Minutes:

Audio Recording – 53 seconds

 

Councillor Ruth Brown, as Chair, proposed and Councillor Morgan Derbyshire seconded and, following a vote, it was:

 

RESOLVED:That the Minutes of the Meeting of the Committee held on 4 November 2021 be approved as a true record of the proceedings and be signed by the Chair.

29.

NOTIFICATION OF OTHER BUSINESS

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.

Decision:

There was no other business notified.

Minutes:

Audio recording – 2 minute 17 seconds

 

There was no other business notified.

30.

CHAIR'S ANNOUNCEMENTS

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.

Decision:

(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 advised that a break would be taken around 9pm.

 

(5)  The Chair advised that there was a Part 2 Item on the agenda for this meeting and notified members of the public that they would be required to leave the room and the live stream would be stopped at this point.

Minutes:

Audio recording – 2 minutes 21 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.

 

(5)       The Chair advised that there was a Part 2 Item on the agenda for this meeting and notified members of the public that they would be required to leave the room and the live stream would be stopped at this point.

31.

PUBLIC PARTICIPATION

To receive petitions, comments and questions from the public.

Decision:

The Chair confirmed the one registered speaker was in attendance.

Minutes:

Audio recording – 3 minutes 41 seconds

 

The Chair confirmed the one registered speaker was in attendance.

32.

19/02865/RM LAND EAST OF GARDEN WALK AND NORTH OF NEWMARKET ROAD, GARDEN WALK, ROYSTON, HERTFORDSHIRE pdf icon PDF 281 KB

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Reserved Matters Application - Version 1 Whole Site (landscaping, layout, access, scale and appearance) for outline application 14/02485/1 granted 07.12.2016 for Residential development and community open space with new access onto the A505 (all matters landscaping, layout, access, scale, appearance reserved). (As amended by documents and plans received 27 February 2015)(Amended plans received 14 April 2021).

Additional documents:

Decision:

RESOLVED: That application 19/02865/RM be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following amendment to conditions:

 

·         Condition 10 to be amended to the following:

 

“A phasing plan detailing the timing of implementation of the internal road layout shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. The phasing plan shall be implemented in accordance with the approved plans.

 

Reason: The development hereby approved is one of two versions for delivery of housing on the site. There are differences in layout between the two versions in the vicinity of an approved care home towards the northern end of the site, where one or the other version could be implemented. This condition is to ensure that this development is implemented in accordance with the approved plans for this version of development of the site, which forms the basis for the approval.”

Minutes:

Audio recording – 3 minutes 56 seconds

 

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

 

·         Consider that plans for the internal road layout, but not the landscaping or footpaths, should be provided and Condition 10 should be amended to remove reference to landscaping or footpaths.

·         This was due to their being two different plans, one with a care home and one without.

·         Currently the Lead Local Flood Authority had objected as they required more detailed plans of the drainage system. There was a pre-commencement condition which covered this and plans were being worked on by the applicant.

 

The Senior Planning Officer presented the report in respect of application 19/02865/RM supported by a visual presentation consisting of photographs and plans.

 

The following Members asked questions:

 

·         Councillor Tony Hunter

 

In response to questions, the Senior Planning Officer advised that Condition 10 was being updated as the site of the proposed care home meant there was a slight variation in the two schemes (19/02865/RM and 19/02866/RM), other than this they were identical. This proposed Condition 10 would prevent the applicant using a hybrid of the two plans, as the internal road layout plans would be different for the two applications.

 

The Chair invited Claire Newbury to speak on behalf of the applicant.

 

Claire Newbury thanked the Chair for the chance to address the Committee and gave a verbal presentation including:

 

·         Confirmed there were two layouts proposed and this proposal would reflect the original aspiration of the outline planning application, with general housing but no specialist accommodation.

·         At the time of submission, the care home application had not been determined and was only allowed on appeal. Therefore this application was required as a backstop option to preserve the ability to deliver homes on the site.

·         165 houses were proposed under this phase.

·         Landscaping had previously been approved as part of Phase 1, which included agreements over biodiversity gains.

·         100 homes have been built so far and aim to complete development within 3 years.

·         There has been a strong rate of sales so far, with good feedback from new residents.

·         In the outline planning application, it was agreed that buildings would remain below the 18 metre contour lines, to ensure the development does not have a negative impact on wider views.

·         This principle was vital in deciding the layout of this phase and this has guided the main streets and orientation of dwellings.

·         The main street routes followed the contours of the site and meet Highways requirements.

·         Have met and discussed with Officers how best to ensure the 18 metre height was not exceeded and to maximise use of site.

·         Further ground modelling was agreed, alongside some plots having extended gardens, to lessen the impact of the site.

·         This phase exceeds the development management policy requirements and will make a key contribution to Council’s 5 year land supply.

 

The following Members asked questions:

 

·         Councillor Tony Hunter

 

In response to questions, Claire Newbury advised that detailed negotiations with the care home provider were  ...  view the full minutes text for item 32.

33.

19/02866/RM LAND EAST OF GARDEN WALK AND NORTH OF NEWMARKET ROAD, GARDEN WALK, ROYSTON, HERTFORDSHIRE pdf icon PDF 416 KB

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Reserved Matters Application - Version 2 Excluding Proposed Care Home (landscaping, layout, access, scale and appearance) for outline application 14/02485/1 granted 07.12.2016 for Residential development and community open space with new access onto the A505 (all matters landscaping, layout, access, scale, appearance reserved). (As amended by documents and plans received 27 February 2015) (Amended plans received 14 April 2021).

Additional documents:

Decision:

RESOLVED: That application 19/02866/RM be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following amendment to conditions:

 

·         Condition 10 to be amended to the following:

 

“A phasing plan detailing the timing of implementation of the internal road layout shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. The phasing plan shall be implemented in accordance with the approved plans.

 

Reason: The development hereby approved is one of two versions for delivery of housing on the site. There are differences in layout between the two versions in the vicinity of an approved care home towards the northern end of the site, where one or the other version could be implemented. This condition is to ensure that this development is implemented in accordance with the approved plans for this version of development of the site, which forms the basis for the approval.”

 

Minutes:

Audio recording – 26 minutes 5 seconds

 

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

 

·         Condition 10 was amended as outlined under Item 6.

·         There were 148 dwellings proposed, 17 fewer than application 19/02865/RM due to the exclusion of land for the care home.

·         Royston Town Council had no objections.

·         The Lead Local Flood Authority had objected, but this concerned the drainage which was covered under Condition 7 of the Outline Planning application.

 

The Senior Planning Officer presented the report in respect of application 19/02865/RM supported by a visual presentation consisting of photographs and plans.

 

The following Members asked questions:

 

·         Councillor Michael Muir

·         Councillor Val Bryant

·         Councillor Tom Tyson

 

In response to questions the Senior Planning officer advised:

 

·         Cycleways would be included within the footpaths on the site and the width and surfacing of these would be appropriate.

·         The community open space would not be suitable for cycles, as this is a chalk grass land and intended to increase biodiversity, which would be negatively impacted by cycles.

·         Any inclusion of charging points for electric cycles, and suitable storage facilities, would have to have been agreed within the outline planning application and was not.

 

Following questions, the Chair advised that she regularly cycled in and around this site and felt that cycle access to the site and within the site would not be an issue.

 

The Chair confirmed that the steepest part of the site was the proposed community open space, where cycles would not be allowed, so did not feel electric cycle charging points were required.

 

The Chair invited Claire Newbury to speak on behalf of the applicant.

 

Claire Newbury thanked the Chair for the chance to address the Committee and gave a verbal presentation including:

 

·         This proposal was for 148 units, with 30% affordable, allowing space for the care home on site.

·         Changes were agreed with Officers to include ground remodelling around the care home and the reorientation of some houses on the site, which saw a reduction of one unit.

·         In all other aspects this layout is the same as the first version.

·         Agreed as part of the Section 106 that a new surfaced footpath and cycleway into Newman Way would be installed.

·         The roads through the site have been agreed so that they follow the gradient of the land, and this considered cycles using the roads as well, which had been agreed with Highways Authority.  

 

The following Members asked questions:

 

·         Councillor Michael Muir

 

In response to questions, the Senior Planning Officer advised that Outline Planning Permission was granted in 2016, prior to the requirement for Electric Vehicle charging points.

 

Councillor Ruth Brown confirmed that all applications going forward would have this requirement included.

 

Councillor Tony Hunter proposed and Councillor Morgan Derbyshire seconded and, following a vote, it was:

 

RESOLVED: That application 19/02866/RM be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following amendment to conditions:

 

·         Condition 10 to be amended to  ...  view the full minutes text for item 33.

34.

21/02194/S73 LAND EAST OF GARDEN WALK AND NORTH OF NEWMARKET ROAD, GARDEN WALK, ROYSTON, HERTFORDSHIRE pdf icon PDF 256 KB

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Section 73 application - Variation of condition 1 (minor changes to the highway design of the main spine road through Phase 1) of previously approved planning permission 17/02627/1 granted 30.05.2018 for approval of reserved matters comprising of access, landscaping, layout, scale and appearance of Phase 1 the development (pursuant to Outline application 14/02485/1 granted 07/12/2016).

Additional documents:

Decision:

RESOLVED: That application 21/02194/S73 be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager.

Minutes:

Audio recording – 46 minutes 12 seconds

 

The Principle Planning Officer advised there was one update to the report and this related to 2.7 where the Lead Local Flood Authority had removed their objection.

 

The Principle Planning Officer presented the report in respect of application 21/02194/S73 supported by a visual presentation consisting of photographs and plans.

 

The following Members asked questions:

 

·         Councillor Ruth Brown

·         Councillor Amy Allen

 

In response to questions, the Principle Planning Officer advised:

 

·         He was unsure whether the one-way system for buses would allow for cyclists to go both ways – he could check this and confirm at a later stage.

·         Confirmed that the one-way system was already in place.

 

Councillor Ruth Brown advised that the one-way system was in place due to residents concerns that allowing vehicular access to the school would cause further issues.

 

Councillor Tony Hunter commented that there were discussions with Highways on how to enforce the one-way system, but it was desirable that emergency vehicles would be able use it for access.

 

Councillor Morgan Derbyshire proposed and Councillor Tom Tyson seconded and, following a vote, it was:

 

RESOLVED: That application 21/02194/S73 be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager.

35.

PLANNING APPEALS REPORT pdf icon PDF 9 KB

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Decision:

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

Minutes:

Audio recording – 54 minutes 07 seconds

 

The Development and Conservation Manager presented the report entitled ‘Planning Appeals’ and commented that there had been two householder appeals lodged, but no decisions made on these.

 

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

36.

CURRENT ENFORCEMENT NOTICES pdf icon PDF 340 KB

REPORT OF DEVELOPMENT AND CONSERVATION MANAGER

Decision:

RESOLVED: That the report entitled ‘Current Enforcement Notices’ be noted.

 

Minutes:

Audio recording – 54 minutes 35 seconds

 

The Development and Conservation Manager presented the report entitled ‘Current Enforcement Notices’ and advised Members:

 

·         These would now be presented to the Committee on a quarterly basis.

·         They had previously been presented as Part 1 and reported to Executive Members, but this has been tightened up and would now include a Part 1 and Part 2 report for the Planning Control Committee.

·         The public reports will show the enforcement notices from the previous period.

·         In the last two years, only 3 enforcement notices had been issued. The Development and Conservation Manager advised that often issues are resolved before getting to an enforcement notice stage.

·         Of those three notices, the first expired, the second was allowed on appeal, and the third was successful on appeal but no action can be taken until the compliance period expires.

 

RESOLVED: That the report entitled ‘Current Enforcement Notices’ be noted.

 

37.

EXCLUSION OF PRESS AND PUBLIC

To consider passing the following resolution:

 

That under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting on the grounds that the following report will involve the likely disclosure of exempt information as defined in Paragraphs 5 and 7 of Part 1 of Schedule 12A of the said Act (as amended).

 

Decision:

RESOLVED:  That under Section 100A(4) of the Local Government Act 1972, the public and  press be excluded from the meeting for the following item of business on the grounds that it  involves the likely disclosure of exempt information as defined in Paragraph 5 and 7 of Part 1 of  Schedule 12A of the said Act (as amended).

 

Minutes:

Audio recording – 57 minutes 29 seconds

 

Councillor Ruth Brown, as Chair, proposed and Councillor Morgan Derbyshire seconded and, following a vote, it was:

 

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 5 and 7 of Part 1 of Schedule 12A of the said Act (as amended).  

 

38.

CURRENT ENFORCEMENT ACTIONS

REPORT OF DEVELOPMENT AND CONSERVATION MANAGER

 

Additional documents:

Decision:

RESOLVED: That the report entitled ‘Current Enforcement Actions’ be noted.

 

Minutes:

The Development and Conservation Manager presented the report entitled ‘Current Enforcement Actions’.

 

The following Members asked questions:

 

·         Councillor Val Bryant

·         Councillor Tom Tyson

·         Councillor Ruth Brown

 

The Development and Conservation Manager responded to questions and gave advice.

 

It was:

 

RESOLVED: That the report entitled ‘Current Enforcement Actions’ be noted.