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.

There were no apologies for absence.

Audio recording – 2 minutes 2 seconds

There were no apologies for absence.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 3 April 2025 and 15 April 2025.

RESOLVED:That the Minutes of the Meetings of the Committee held on 3 April 2025 and 15 April 2025 be approved as a true record of the proceedings and be signed by the Chair.

Audio Recording – 2 minutes 16 seconds

Councillor Nigel Mason proposed, and Councillor Ian Mantle seconded and, following a vote, it was:

RESOLVED: That the Minutes of the Meetings of the Committee held on 3 April 2025 and 15 April 2025 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 – 3 minutes 9 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 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.

(5)   The Chair advised that the order of the agenda had been changed to that published, and would be considered in the following order Agenda Item 6, Agenda Item 9, Agenda Item 10, Agenda Item 7 and Agenda Item 8.

Audio recording – 3 minutes 15 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.

(5)   The Chair advised that the order of the agenda had been changed to that published and would be considered in the following order Agenda Item 6, Agenda Item 9, Agenda Item 10, Agenda Item 7 and Agenda Item 8.

(6)   The Chair advised that should proceedings continue at length, there was a Constitutional procedure to make the item under consideration at 10.30pm the final item, with any remaining items to be deferred to the meeting of the Committee scheduled for Thursday 17 July 2025.

To receive petitions, comments and questions from the public.

The Chair confirmed that the registered speakers were in attendance.

Audio recording – 6 minutes 12 seconds

The Chair confirmed that the registered speakers were in attendance.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of two 2-bed dwellings, three 3-bed dwelling and two four-bed dwellings, with associated access, landscaping and parking.

RESOLVED: That application 24/02214/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager, with the removal of Condition 13, the renumbering of the remaining conditions, and the addition of Conditions 20 and 21, as follows:

‘Condition 20

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as amended no development as set out in Classes  B and C of Part 1 of Schedule 2 to the Order, (or any subsequent Statutory Instrument which revokes, amends and/or replaces those provisions) shall be carried out without first obtaining a specific planning permission from the Local Planning Authority.

Reason: Given the nature of this development, the Local Planning Authority considers that development which would normally be "permitted development" should be retained within planning control in the interests of the character and amenities of the area and to comply with Policy D1 and/or Policy D3 of the North Hertfordshire Local Plan 2011 to 2031.

Condition 21

Prior to the commencement of the development hereby permitted, the approved three pedestrian refuges and two vehicle passing bays shall be fully constructed in accordance with the approved details outlined in the Transport Statement (dated February 2025). Thereafter, the passing bays and pedestrian refuges shall be retained, maintained in a good state of repair, and kept free from obstruction at all times in perpetuity, to ensure the safe and efficient operation of the private road.

Reason: To ensure adequate access for vehicles and pedestrians and to maintain highway safety in accordance with Policy T1 of the North Hertfordshire Local Plan 2011 to 2031.’

Audio recording – 7 minutes 10 seconds

N.B. Cllr Tom Tyson declared an interest in this item due to being the Member Advocate Objector and moved to the Public Gallery.

The Senior Planning Officer provided a verbal update on matters relating to Application 24/02214/FP and advised that:

·       The Highway Authority had thoroughly reviewed previous applications and have deemed this current application acceptable.

·       The objections from the Parish Council were that the changes in the new application did not address the concerns set out in their previous letter of objection.

The Senior Planning Officer then presented the report in respect of Application 24/02214/FP supported by a visual presentation consisting of plans and photographs.

The following Members asked questions:

·       Councillor Ruth Brown

·       Councillor Louise Peace 

·       Councillor Clare Billing

·       Councillor Ian Mantle

In response to questions, the Senior Planning Officer advised that:

·       It would be possible to add a condition to prevent development into the roof spaces without further planning permission.

·       The Waste team had been consulted and were content with the access waste vehicles would have to properties.

·       Details on the bin storage facilities to be provided were covered by Condition 16, including the arrangements for the mid-terrace dwelling.

The Chair invited Mr William Rogers to speak against this application. Mr Rogers thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       The position of the Highways authority was neither to approve or refuse the application, but their lack of position did not mean that there was no impact on residents.

·       Green Lane was private with no public access which meant Highways were not a statutory consultee on this application.

·       Green Lane was previously at capacity for vehicles and this would become a severe issue with further development.

·       Despite this being a different site, access was still a key consideration with this application.

·       Previous applications were rejected and nothing was changed.

The Chair thanked Mr Rogers and invited Ms Jill Powell to speak against this application. Ms Powell thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       The applicant was aware of objection letters but had not addressed these.

·       She had lived on Green Lane since 1956, and for the last 10 years had worried about traffic between houses 3, 5 and 7.

·       This development was unsustainable.

·       Increased traffic would create an unusable road.

·       Residents walk into the village and with an increase in traffic, there were concerns about safety.

·       Online shopping had increased, and delivery vehicles travel fast creating an additional hazard.

·       The proposals would create an issue for access for emergency vehicles. Even as amended, the bottle neck created was unworkable for residents.

The Chair thanked Ms Powell and invited Mr Mathew lee to speak against this application. Mr Lee thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       This is the third time that a planning application has been proposed on this lane, the last two were refused.

·       As  ...  view the full minutes text for item 6.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Change of use of dwelling to registered residential children's home (C2) to accommodate 3 children with 24hr care staff (amended plans received 6 April 2025).

RESOLVED: That application 25/00012/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager.

Audio recording – 1 hour 1 minute 30 seconds.

N.B. Cllr Nigel Mason declared an interest in this item due to being a Hitchin Oughton Ward Councillor and had previously made comments on this application and therefore left the Chamber for the duration of the item. For this item, Cllr Emma Fernandes took over as Chair.

N.B. Cllr Claire Billing declared an interest in this item due to being the Member Advocate Objector and moved to the Public Gallery.

The Senior Planning Officer gave an update following a site visit stating that the applicant had decided to divide the garden into two sections following a visit from the Hertfordshire CYP Placement Officer, with one section being provided for the annexe to the property, which was envisioned would host an older child, who would require more independence.

The Senior Planning Officer presented the report in respect of Application 24/00012/FP supported by a visual presentation consisting of plans and photographs.

The following Members asked questions:

·       Councillor Dave Winstanley

·       Councillor Val Bryant 

·       Councillor Ruth Brown

·       Councillor Louise Peace

In response to questions, the Senior Planning Officer advised that:

·       Including the semi-independent annex there would be three residents.

·       All the residents would be under the age of 18.

·       For the three residents there would always be a minimum of two members of staff.

·       The residence was currently labelled C3b residential dwelling and was applying to become C2.

The Chair invited Mr Simon Brooks to speak against this application. Mr Brooks thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       He and his family lived next door to number 25, and he also represented other neighbours on Milestone Road.

·       When the original application for C3 was submitted last year, it had been advised that this would be like living next to a normal family. However, the reclassification to C2 could mean young people from prison or youth detention centres.

·       The changes to the garden had already been completed, which gave the impression that the applicant thought planning permission would definitely be given.

·       The dwelling was in the middle of the road that has elderly people and was located close to a school and nursery and there were concerns as to what measures had been put in place to keep other residents safe.

·       There were concerns as to whether the community would be informed if residents had prior convictions. The property looked like it had been changed to increase security, and there were concerns of the property becoming secure unit.

·       Concerns about an increased crime rate had been raised by police.

·       Care properties had become a lucrative business, what would be given back to the community.

·       There were risks that the community would like to be addressed.

·       He was worried about dangerous young people being next door to his children.

The following Members asked questions:

·       Councillor Val Bryant

·       Councillor Tom Tyson

In response to questions, Mr Brooks advised that:

·       The letter from the Crime Prevention Design Advisor had the  ...  view the full minutes text for item 7.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Installation of EV charging zones, including the erection of sub-station enclosure, LV panel, meter cabinet and associated works.

RESOLVED: That application 25/00466/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager.

Audio recording – 1 hour 59 minutes 46 seconds

The Planning Officer presented the report in respect of Application 25/00466/FP supported by a visual presentation consisting of plans and photographs.

The following Members asked questions:

·       Councillor Dave Winstanley

·       Councillor Martin Prescott

·       Councillor Tom Tyson

·       Councillor Claire Billing

·       Councillor Ruth Brown

·       Councillor Bryony May

In response to questions, the Planning Officer advised that:

·       He could not confirm that the 30db noise was constant or only when in use.

·       Conditions already stipulate that signage was not currently permitted and further permission must be requested.

·       The 30db would be between 7am and 10pm.

·       The only lighting would come from touch screen display.

·       The charges would only be usable between 7am and 10pm.

In response to questions, the Development and Conservation Manager advised that whilst a percentage of parking spaces at establishments such as supermarkets were designed and reserved for disabled users, currently there was not enough provision of EV bays to justify a requirement for a percentage of EV charging spaces to be reserved disabled bays.

The Chair invited Ms Marlene Gray to speak against this application. Ms Gray thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       She was speaking on behalf of her daughter who lived adjacent to the proposed charging points.

·       The area surrounding the proposed charging points was a quiet area, and the House of Lords Science and Techology Committee reported that low level noise pollution could be life shortening.

·       Properties could be devalued by proximity to a substation.

·       Fires at electrical substation could spread as neighbouring properties were only 23m away.

In response to a question by Councillor Martin Prescott, Ms Gray advised that she did not just object to the substation as she believed the chargers would also make low level noise.

The Chair thanked Ms Gray and invited Ms Jackie Sayers to speak against this application. Ms Sayers thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       Her house backed on the car park where the charges were proposed.

·       Electric Vehicles are good, but the design of the charging points must be modest.

·       She provided Members with pictures prior to the meeting which showed bright blue fixtures which would be unsightly.

·       A different location would be better for disabled users.

In response to a question by Councillor Nigel Mason, Ms Sayers advised that pictures circulated to Members ahead of the meeting were obtained from the website of the EV charger company.

The Chair thanked Ms Sayers and invited Councillor Claire Winchester to speak against this application. Councillor Winchester thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       She had called in this item to support residents in her ward.

·       She was not against the provision of electric vehicle chargers, but believed it could be placed at a better location within the car park.

·       The difference in ground height meant headlights would be at bedroom height  ...  view the full minutes text for item 8.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Electrical connection between the approved Priory Farm Solar Array (application reference: 21/03380/FP) and Wymondley Substation, Blakemore End Road, St Ippolyts (as amended by plans and documents received 11th and 17th March 2025).

RESOLVED: That application 24/02333/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager.

Audio recording – 2 hours 52 minutes 10 seconds

The Senior Planning Officer then presented the report in respect of Application 24/02333/FP supported by a visual presentation consisting of plans and photographs.

N.B. Cllr Caroline McDonnell declared an interest in this item due to being a Wymondley Parish Councillor and left the Chamber.

In response to a question from Councillor Dave Winstanley, the Senior Planning Officer advised that 10% biodiversity net gain would be achieved by the provision of an off-site mitigation area.

The Chair invited Mr Luke Rogers, as the applicant, to speak in support of this application. Mr Rogers thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       This application was a thoughtful and clean energy proposal, just like the original application.

·       The original application had an alternative cable route which would have closed roads, this raised concerns in local community and this new application developed a new route to mitigate this.

·       The aim was to reduce impact for daily life and throughout consultation this had no objections.

·       Drilling would take place entirely underground to protect ecological features and the cabling would be invisible once fitted.

·       The application aligned with local and national planning rules and was supported by Officers at the Council.

Councillor Ruth Brown proposed to grant permission and this was seconded by Councillor Ian Mantle and, following a vote, it was:

RESOLVED: That application 24/02333/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager.

N.B. Cllr Caroline McDonnell returned to the chamber at 22:02.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Installation of Battery Storage System with associated infrastructure, earthworks, landscaping and access.

RESOLVED: That application 24/02713/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager.

Audio Recording – 3 hours 5 minutes 5 seconds

The Principal Planning Officer then presented the report in respect of Application 24/02713/FP supported by a visual presentation consisting of plans and photographs.

The following Members asked questions:

·          Councillor Claire Billing

·          Councillor Tom Tyson

·          Councillor Louise Peace

In response to questions, the Principal Planning Officer advised that:

·       The distance between the two units was three metres.

·       All visual impact was assessed by play services and they were happy with the level of impact.

·       New and native species would be added to hedgerows to protect natural viewpoint.

·       The CPRE objection on the portal was not in the report due to it no longer being applicable.

·       The Environmental Health assessment had raised no objections in relation to noise.

The Chair invited Mr Ryan Macindoe, as the representative of the applicant, to speak in support of this application. Mr Macindoe thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       As Head of Development at Balance Power he was committed to renewable and low carbon energy across the UK.

·       Cleaner more sustainable electricity often varied based on environmental conditions such as wind speed. By creating an area for storing electricity such as this, it would ensure that renewable energy supply could be provided to meet demands at times when environmental conditions were not favourable. 

·       The site was ideal for such infrastructure as it exceeded the requirements for such a project.

·       The batteries would be connected via underground cables.

·       The site was not within the green belt, is away from housing and would create no visual or landscape impact.

·       To maintain no significant harm, the hedge rows on the road would be filled in to increase local biodiversity and reduce visual impact.

·       The plan was temporary and after 40 years the site would be returned to natural land.

The following Members asked questions:

·          Councillor Dave Winstanley

·          Councillor Claire Billing

·          Councillor Ruth Brown

·          Councillor Tom Tyson

In response to questions, the Mr Macindoe advised that:

·       In choosing the corner of the field for the batteries the landowner did an analysis, and found that the service station had a hotel, in order to avoid disturbing guests a corner furthest away from the services. The corner also had existing underground cabling which makes connection easier.

·       Cabling would be completed by Distribution Network Operator.

·       In the event of a fire all electronics would be shut down, at the advice of the fire service a turning circle was added to the north platform to allow the fire service to manoeuvre in the event of smoke plumes.

·       The energy was indirectly linked to renewable energy as this would be exported to the grid, the battery farm would then import from the grid and export when demand was high.

·       The noise assessment was worst case scenario and with the batteries running at the highest-level noise could be heard up to 1km away.

Councillor Dave Winstanley proposed to grant permission. This was seconded by Councillor Val Bryant.  ...  view the full minutes text for item 10.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

To update Members on appeals lodged and any decisions made.

The Development and Conservation Manager provided an update on Planning Appeals.

Audio recording – 3 hours 37 minutes 19 seconds

The Development and Conservation Manager provided an update on Planning Appeals and advised that since the last update there were four appeals lodged and eight appeal decisions, with 5 of these having been dismissed and 3 allowed, including the Rhee Spring development.

The following Members asked questions:

·       Councillor Ruth Brown

·       Councillor Dave Winstanley

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

·       The policy within the Local Plan stated that the 40% affordable housing provision was where viable. In this instance, following viability assessments, it was not deemed viable to provide the 40% affordable housing for this development.

·       He would provide further information on the hearing for the Land at New Pound Farm appeal at the next meeting of the Committee, but the hearing would be accessible to the public and Members.

The Chair requested that the Development and Conservation Manager give a detailed update on the Rhee Spring Appeal Decision at the next meeting.