Agenda, decisions and draft minutes

Planning Control Committee - Thursday, 15th September, 2022 7.30 pm

Venue: Council Chamber, District Council Offices, Letchworth Garden City

Contact: Committee Services 01462 474655 Email: Committee.Services@north-herts.gov.uk 

Media

Items
No. Item

14.

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 Councillor Daniel Allen.

 

Having given due notice Councillor Nigel Mason advised he would be substituting for Councillor Daniel Allen.

 

Councillor Nigel Mason sent his apologies due to lateness and would join the meeting later.

Minutes:

Audio recording – 0:30

 

The Chair announced that North Herts Council joined the whole nation and The Royal Family in mourning the death of Her Majesty the Queen.

 

On behalf of our residents the Committee expressed our deepest sympathies The Royal Family. As the longest serving monarch in British history, Her Majesty the Queen devoted her life to the country as a symbol of unity, strength, and hope for all.

 

Members joined the Chair in a minutes’ silence.

 

Apologies for absence were received from Councillor Daniel Allen.

 

Having given due notice Councillor Nigel Mason advised he would be substituting for Councillor Daniel Allen.

 

The Chair advised that Councillor Nigel Mason had sent his apologies for late-running and would join the meeting soon.

15.

MINUTES - 31 MARCH, 23 JUNE 2022 pdf icon PDF 466 KB

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 31 March 2022 and 23 June 2022.

Additional documents:

Decision:

RESOLVED:That the Minutes of the Meeting of the Committee held on 31 March be approved as a true record of the proceedings and be signed by the Chair.

 

RESOLVED: That the Minutes of the Meeting of the Committee held on 23 June 2022 be amended as follows:

 

At minute 7, resolution (1) to read:

 

(1)   That application 21/03533/FP be GRANTED planning permission subject to the conditions and reasons as set out in the report and with the following additional condition:

 

“That the applicant agrees all necessary extensions to the statutory determination period to enable the completion of the deed of variation S106 agreement.  In the event that agreement is not secured to extend the statutory determination that the members allow the Development and Conservation Manager to refuse planning permission based on absence of the requisite legal agreement”

 

RESOLVED: that the Minutes (as amended) of the Meeting of the Committee of the Committee held on 23 June 2022 be approved as a true record of the proceedings and be signed by the Chair.

 

 

Minutes:

Audio Recording – 3:02

 

The Chair advised that there were two sets of minutes for consideration and that these would be taken separately.

 

The Chair proposed, Councillor Tom Tyson seconded and on the vote it was:

 

RESOLVED:That the Minutes of the Meeting of the Committee held on 31 March be approved as a true record of the proceedings and be signed by the Chair.

 

The Chair advised that an amendment was to be made to the minutes of the meeting on 23 June 2022 as follows: that at minute 7 resolution (1) was meant to include a section from the officer’s report omitted by error, the words to be included being “That the applicant agrees all necessary extensions to the statutory determination period to enable the completion of the deed of variation S106 agreement.  In the event that agreement is not secured to extend the statutory determination that the members allow the Development and Conservation Manager to refuse planning permission based on absence of the requisite legal agreement”

 

The Chair proposed that this amendment be made. Councillor Tom Tyson seconded.

 

Councillor Nigel Mason joined the meeting at 19:36. The Chair advised that Councillor Mason was not able to vote on the motion currently tabled as he was not present for its full duration.

 

On the vote it was:

 

RESOLVED: That the Minutes of the Meeting of the Committee held on 23 June 2022 be amended as follows:

 

At minute 7, resolution (1) to read:

 

(1)  That application 21/03533/FP be GRANTED planning permission subject to the conditions and reasons as set out in the report and with the following additional condition:

 

“That the applicant agrees all necessary extensions to the statutory determination period to enable the completion of the deed of variation S106 agreement.  In the event that agreement is not secured to extend the statutory determination that the members allow the Development and Conservation Manager to refuse planning permission based on absence of the requisite legal agreement”

 

The Chair proposed, Councillor Tom Tyson seconded and on the vote it was:

 

RESOLVED: that the Minutes (as amended) of the Meeting of the Committee of the Committee held on 23 June 2022 be approved as a true record of the proceedings and be signed by the Chair.

16.

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 none.

Minutes:

Audio recording – 6:26

 

There was no other business notified.

17.

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 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 clarified matters concerning times to speak for Members and Registered Speakers.

Minutes:

Audio recording – 6:27

 

(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 and video recorded and recordings would be available to view on the Council’s YouTube channel and via mod.gov;

 

(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 clarified matters for members of the public regarding times to speak.

18.

PUBLIC PARTICIPATION

To receive petitions, comments and questions from the public.

Decision:

The Chair confirmed that the three registered speakers were present.

Minutes:

Audio recording – 7:35

 

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

19.

17/01464/1 - LAND ADJACENT TO OAKLEA AND SOUTH OF, COWARDS LANE, CODICOTE pdf icon PDF 929 KB

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

 

Outline application for a residential development for up to 83 dwellings (all matters reserved except access) (as amended by plans and documents received 4 January 2019 and 21 January 2022)

Additional documents:

Decision:

RESOLVED: That planning permission is resolved to be GRANTED subject to referral to the Secretary of State for Levelling Up, Housing and Communities, subject to the completion of a satisfactory legal agreement and the applicant agreeing to extend the statutory period in order to complete the agreement if required and the conditions and informatives as set out in the report, and the following amendment:

 

Informative 2 relating to off-site Highway Works to read:

 

“Off-site highways work Informative

           

The off-site highways works referred to in conditions 17 and 18 above shall include:

           

·         Pedestrian dropped kerbs and tactile paving either side of the Cowards Lane / spine road junction, with a suitable level of visibility from the tactile crossing points.

 

·         Pedestrian dropped kerbs and tactile paving either side of the B656 / spine road junction.

 

·         Measures to prohibit the parking of vehicles (e.g. double yellow lines) at the roadside of the B656 to ensure the necessary level of visibility from the site access, and from the pedestrian crossing points on the B656, are maintained in perpetuity.

 

·         The upgrading of the two existing bus stops closest to the site along the B656, including raised Kassel kerbing.

 

·         The details of these off-site highways works need to be completed in accordance with an approved S278 Agreement with the Highway Authority, prior to the occupation of any dwelling forming part of the development.”

Minutes:

Audio Recording – 7:48

 

The Senior Planning Officer presented the report in respect of application 17/01464/1 - LAND ADJACENT TO OAKLEA AND SOUTH OF, COWARDS LANE, CODICOTE supported by a visual presentation consisting of plans and photographs and provided the following additional updates:

 

·                The supplementary agenda pack published with this item included an update on the implications of the Inspectors Report on the emerging Local Plan which had been returned; the main point included was that subject to a number of main modifications set out in the appendix to the report the emerging Local Plan was sound, legally compliant, and capable of adoption;

·                This meant that the policies and site allocations made under the emerging Local Plan could be given very significant weight when determining planning applications;

·                Two additional representations had been received since the report was written which were uploaded to the Planning Portal and which reiterated objections already included in the report;

·                A representation from Herts and Middlesex Wildlife Trust had also been received which made comments regarding the 12m buffer to hedgerows and objections to the interpretation of the emerging local plan’s policy by Herts Ecology;

·                The front page of the report omitted the applicant’s name in error; the applicant was Warden Developments Limited;

·                There was an error in paragraph 4.3.1 of the report where it refers to “full” application it should instead refer to “outline” application;

·                There was an error in informative 2 which related to off-site highways works where the numbers of the conditions to which it relates were missed which should read “The off-site highways works referred to in conditions 17 and 18 above shall include:”

 

The following Members asked questions:

 

·                Councillor Ian Moody

·                Councillor David Levett

·                Councillor Simon Bloxham

·                Councillor Nigel Mason

·                Councillor Alistair Willoughby

·                Councillor Tony Hunter

 

In response to questions the Senior Planning Officer advised:

 

·                The changes to the hedgerow buffer such that only the wildlife site would have 12m were consulted on during the course of the application and Herts Ecology raised no objections to the proposed amendment;

·                Insisting on a 12m buffer around all sites could impact the deliverability of developments on smaller sites such as this;

·                The extension of time was requested prior to receipt of the inspector’s final report; officers considered that the application was in a position to be determined hence its inclusion on the agenda and it was not felt that prematurity would be a viable reason for refusal;

·                 40% of the development would be affordable housing as secured in the S106 agreement. This was a percentage figure as at this stage the total number of dwellings was not determined but as the outline application was for up to 83 dwellings figures had been proposed to illustrate the housing mix as follows – 33 affordable dwellings, 65% of which would be social affordable rented units and 35% shared ownership units in line with the mix set out in the local plan;

·                Details of the methods used to assess the levels of harm generated by this  ...  view the full minutes text for item 19.

20.

21/02957/FP LAND ON THE SOUTH WEST SIDE OF, BARKWAY ROAD, ROYSTON, HERTFORDSHIRE pdf icon PDF 349 KB

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of ten dwellings (2 x 2-bed, 2 x 3-bed, 4 x 4-bed and 2 x 5-bed) with ancillary works including alterations to existing vehicular access, new access road, parking and landscaping

Additional documents:

Decision:

RESOLVED: That planning permission be GRANTED subject to the completion of a satisfactory S106 Legal Agreement and the reasons and conditions set out in the report, subject to the following amendment to condition 9 to read:

 

“The development hereby approved shall be carried out in accordance with the recommendations and mitigation measures set out in the submitted Bat Survey Report by Three Counties Ecology,  the Preliminary Ecological Assessment and Potential Roost Assessment (August 2021).’”

Minutes:

Audio Recording: 1:17:41

 

The Principal Planning Officer presented the report in respect of application 21/02957/FP supported by a visual presentation consisting of photographs and plans, along with the following updates:

 

·             The supplementary agenda pack published with this item included an update on the implications of the Inspectors Report on the emerging Local Plan which had been returned; the main point included was that subject to a number of main modifications set out in the appendix to the report the emerging Local Plan was sound, legally compliant, and capable of adoption;

·             This meant that the policies and site allocations made under the emerging Local Plan could be given very significant weight when determining planning applications;

·             Late representations had been received which reiterated points already considered by the report including concerns around; design, height and proximity of the houses and the loss of privacy to Shepherd’s Close residents; concerns that an archaeological survey should be carried out; increase in traffic; additional burden on the town’s infrastructure; concerns of damage to existing properties that might occur through construction; health and safety issues; and concerns around surveys including the bat survey conducted and the design codes used by the Council in assessing the development;

·             There was an amendment to be made to the S106 table at page 129 of the agenda pack to reflect the monitoring fee of £340 charged at each trigger point in the legal agreement;

·             There was additional wording to be added to condition 9 as follows: “The development hereby approved shall be carried out in accordance with the recommendations and mitigation measures set out in the submitted Bat Survey Report by Three Counties Ecology,  the Preliminary Ecological Assessment and Potential Roost Assessment (August 2021).’”

 

The following Members asked questions:

 

·             Councillor David Levett

·             Councillor Tom Tyson

 

In response to questions the Principal Planning Officer advised:

 

·             The power line ran directly above the access road;

·             The bridleway/foothpath headed northwards towards central Royston.

 

The Chair invited Mr Roger Mead to speak in objection to the application.

 

Mr Roger Mead gave a presentation including:

 

·             Plots 7 and 8 on the plan were intrusive and would sit close to his property resulting in a loss of light and overlooking;

·             A light survey he had conducted from October to March between the hours of 8:15-14:15 suggested he could lose up to 88% of the light to his property and to his neighbours;

·             The view from his property would be interrupted by the new development;

·             The height of the proposed dwellings was such that it would lead to overlooking and a loss of privacy and there were first floor windows looking directly on to his property;

·             There would only be 1.5m distance between the boundaries of his property and the plots at 7 and 8;

·             He was supportive of development in Royston but concerned about the position and height of this part of the proposed development.

 

The Chair invited the Principal Planning Officer to respond to points raised in the presentation.

 

The Principal Planning Officer advised  ...  view the full minutes text for item 20.

21.

PLANNING APPEALS pdf icon PDF 15 KB

Additional documents:

Decision:

RESOLVED: That the report entitled Planning Appeals be noted.

Minutes:

Audio Recording: 1:44

 

The Principal Planning Officer presented the report entitled Planning Appeals and highlighted that there were seven appeal decisions received to report on and ff those seven two were withdrawn leaving us with five; of those five are all delegated decisions. In his view none of them were contentious or significant appeal decisions.

 

By assent of the meeting it was:

 

RESOLVED: That the report entitled Planning Appeals be noted.