Agenda, decisions and draft minutes

Planning Control Committee - Tuesday, 23rd January, 2024 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

162.

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 Sean Nolan, Nigel Mason and Ian Moody.

 

Having given due notice Councillor Ian Mantle substituted for Councillor Nolan, Councillor Dave Winstanley substituted for Councillor Mason and Councillor Michael Muir substituted for Councillor Moody.

Minutes:

Audio recording – 1 minute 30 seconds

 

Apologies for absence were received from Councillors Sean Nolan, Nigel Mason and Ian Moody.

 

Having given due notice Councillor Ian Mantle substituted for Councillor Nolan, Councillor Dave Winstanley substituted for Councillor Mason and Councillor Michael Muir substituted for Councillor Moody.

 

Councillor Terry Tyler was absent.

163.

MINUTES - 16 NOVEMBER 2023, 30 NOVEMBER 2023 AND 7 DECEMBER 2023 pdf icon PDF 324 KB

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 16 November 2023, 30 November 2023 and 7 December 2023.

Additional documents:

Decision:

RESOLVED:That the Minutes of the Meetings of the Committee held on the 16 November 2023, 30 November 2023 and 7 December 2023 be approved as true records of the proceedings and be signed by the Chair.

Minutes:

Audio Recording – 1 minute 58 seconds

 

Councillor Val Bryant, as Chair, proposed and Councillor Tom Tyson seconded and, following a vote, it was:

 

RESOLVED:That the Minutes of the Meetings of the Committee held on the 16 November 2023, 30 November 2023 and 7 December 2023 be approved as true records of the proceedings and be signed by the Chair.

164.

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 minutes 55 seconds

 

There was no other business notified.

165.

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 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 clarified matters for the registered speakers.

 

(4)   The Chair advised that Section 4.8.23(a) of the Constitution applied to the meeting.

Minutes:

Audio recording – 2 minutes 59 seconds

 

(1)   The Chair advised that, in accordance with Council Policy, the meeting would be 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 clarified matters for the registered speakers.

 

(4)   The Chair advised that Section 4.8.23(a) of the Constitution applied to the meeting.

166.

PUBLIC PARTICIPATION

To receive petitions, comments and questions from the public.

Decision:

The Chair confirmed that the registered speakers were in attendance.

Minutes:

Audio recording – 4 minutes 13 seconds

 

The Chair confirmed that the registered speakers were in attendance.

167.

22/03094/FP LAND BETWEEN HUNTSRIDGE AND ASHWELL HOUSE 5, HIGH STREET, ASHWELL, HERTFORDSHIRE pdf icon PDF 886 KB

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of 14 dwellings including creation of access from Ashwell Street, footpath link to Lucas Lane, associated infrastructure, public open space and landscaping

Additional documents:

Decision:

RESOLVED: That application 22/03094/FP be REFUSED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager

Minutes:

Audio recording – 4 minute 31 seconds

 

The Chair advised that Councillor Tyson was to speak as a Member Advocate against this item and would therefore move to the public gallery and not take part in the debate or vote.

 

N.B Councillor Tom Tyson moved to the public gallery at 19:40

 

The Senior Planning Officer provided the following update:

 

·       Due to staffing changes, it was unclear if the site notice had been erected in 2022 as no photograph of the notice had been attached to the file. To ensure proper legal notice had been given, a notice was erected on Friday 5 January 2024.

·       This did not affect consideration of the application. However the decision notice could not be granted until the required 21 day notice period had expired. 

·       An email had been received from the Parish Council, with a proposed Section 106 (S106) provision for a pavilion project and the gifting of public open space should the application be granted planning permission.

·       An addendum to the original report had been issued which clarified the sections of the NPPF referred to in the report. 

 

The Senior Planning Officer presented the report in respect of Application 22/03094/FP supported by a visual presentation consisting of photographs and plans.

 

In response to a question from the Locum Planning Lawyer, the Development and Conservation Manager stated that:

 

·       They believed that the site notice was erected however as there was no photograph of the notice on file, a decision was made to erect a notice on the 5 January 2024.

·       The notice had been advertised in the local press and neighbours had been informed of the application shortly after the application was received in 2022.

·       Ashwell residents had previously made comments on the planning application and any new comments would be actioned.

·       A decision notice could not be issued until the 21 day notice period had expired.

·       If the Committee resolved to grant planning permission, the delay in erecting the notice would not affect this application as negotiations on S106 money would still be ongoing.

·       If the Committee accepted the recommendation of the Senior Planning Officer, then a decision notice would be issued after the 26 January 2024.

 

The Locum Planning Lawyer was reassured by the confirmation of the Development and Conservation Manager that the agenda item would return back to the Planning Committee if there were any material planning consideration representation made by the deadline of 26 January 2024, that the decision makers would need to be made aware of to review the decision they had made on the planning application, and this would be possible as the planning permission would not have been published. This way forward was a decent, to protect the Members decision from legal challenge.

 

In response to a question from Councillor Daniel Allen, the Development and Conservation Manager stated that the delay in erecting the site notice did not prevent the Committee from considering the application.

 

The Chair invited Parish Councillor Norton Mahy to speak against the application. Parish  ...  view the full minutes text for item 167.

168.

APPEALS pdf icon PDF 8 KB

Additional documents:

Decision:

RESOLVED: That the Committee noted the report.

Minutes:

Audio recording – 43 minutes 57 seconds

 

N.B Councillor Tyson returned from the public gallery at 20:14

 

The Development and Conservation Manager presented the report entitled ‘Planning Appeals’ and informed the Committee that:

 

·       There had been two household appeals submitted.

·       The recent appeal decisions were shown at page 77 of the report.

·       All of the appeals had been dismissed, although one appeal had been part allowed and part dismissed which also reflected the decision made by the Council.

 

RESOLVED: That the Committee noted the report.