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 Ruth Brown, Val Bryant, Louise Peace and Tom Tyson.

Having given due notice, Councillor Mick Debenham substituted for Councillor Bryant and Councillor Steve Jarvis substituted for Councillor Brown.

Audio recording – 2 minutes 9 seconds

Apologies for absence were received from Councillors Ruth Brown, Val Bryant, Louise Peace and Tom Tyson.

Having given due notice, Councillor Mick Debenham substituted for Councillor Bryant and Councillor Steve Jarvis substituted for Councillor Brown.

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 of a change to the order of the Agenda and Agenda Item 2 would be taken after Agenda Item 4.

Audio recording – 2 minutes 32 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 there had been a change to the agenda order since publication and that Agenda Item 2 would be taken after Agenda Item 4.

To receive petitions, comments and questions from the public.

The Chair confirmed that the registered speakers were in attendance.

Audio recording – 4 minutes 58 seconds

N.B. Councillor Clare Billing entered the Council Chamber at 19.05.

The Chair confirmed that the registered speakers were in attendance.

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.

The Chair advised that there had been one item of business notified for 25/00104/FP Land to the Rear of Banyers Hotel, King James Way, Royston, Hertfordshire, SG8 7BZ. The Chair provided reasons for its notification and advised that it would be considered as urgent under this item on the Agenda.

RESOLVED: That application 25/00104/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager.

Audio recording – 6 minutes 8 seconds

The Chair advised that there had been one item of business notified for 25/00104/FP Land to the Rear of Banyers Hotel, King James Way, Royston, Hertfordshire, SG8 7BZ.

The Chair reported that the item was deferred from the Planning Control Committee on 17 July 2025 as the Member Advocates who called-in the application were not present at the meeting (as required under the Members Planning Code of Good Conduct) and did not arrange for another Member to present on their behalf or provide a written statement for the Chair to read out in their absence, as required under 6.1 of the speaking procedure for the Planning Control Committee.

However, the matter could not wait until the scheduled meeting of the Committee on 7 August as the statutory period for the matter to be determined had already been extended (to 30 July 2025), meaning that the Council could be liable to appeal against the failure to determine the application.

Therefore, the Chair advised that the item would be considered as urgent under this item on the agenda.

The Senior Planning Officer provided a verbal update on matters relating to Application 25/00104/FP and advised that:

·             Two further letters of objection had been received from the occupiers of number 4 and number 29 King James Way which could be found on the Council website.

·             Concerns from residents had been raised on highway safety, lack of parking, adverse impact on local wildlife and trees as well as the potential impact of the development on the setting and significance of adjacent listed buildings.

·             The occupier of number 33 Hunters Mews had highlighted inaccuracies in the daylight and sunlight assessment and queried some of the below standard 25-degree guidance results.

·             In response, consultants working for the Applicant advised that images found in Appendices D and E of the assessment report demonstrated that neighbouring properties were not cloned as a single unit and this was further clarified by aerial view modelling provided.

·             They also advised that existing buildings had been accurately positioned in the report using the site layout and topographical survey drawings that had been submitted with the application.

·             Only five windows on number 33 Hunters Mews retained at least 80% of their former vertical sky limit value as per the guidelines of the Building Research Establishment (BRE). However, all windows retained over 15% of their former value which was considered acceptable for urban developments.

·             It was acknowledged that the 25-degree guidance had not been met and consultants had followed further guidance to address this by undertaking additional checks. These revealed that adequate levels of daylight could be received by number 33 Hunters Mews.

·             The full response from the consultants could be found on the Council website.

The Senior Planning Officer then presented the report in respect of Application 25/00104/FP and gave a visual presentation consisting of plans and photographs.

In response to questions from Councillor Dave Winstanley, the Senior Planning Officer advised that:

·             As the statutory 10%  ...  view the full minutes text for item 24.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Residential development of 281 dwellings and associated roads, parking, realignment of Back Lane, drainage, landscaping, open space, servicing facilities and associated works (as amended).

RESOLVED: That application 24/02889/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 clause (A), the addition of Conditions 50 to 53 and related Informative,  the amendments to Conditions 3 to 5, Condition 16, Condition 18, Condition 23, Condition 25, Condition 35, Condition 36, and the combining of Conditions 27 and 49, as follows:

‘Condition 50

All development shall be constructed in accordance with the submitted and approved Flood Risk Assessment (dated 6 December 2024), this includes all new residential dwellings to have a finished floor level raised a minimum of 300mm above any flood level and 150mm above the surrounding proposed ground level unless otherwise first approved in writing by the Local Planning Authority.

Reason: To ensure the flood risk is adequately addressed and not increased in accordance with NPPF and Policies of North Herts Council.

Condition 51

Prior to the commencement of development, construction drawings of the surface water drainage network, associated sustainable drainage components and flow control mechanisms and a construction method statement shall be submitted and agreed in writing by the local planning authority. The scheme shall then be constructed as per the agreed drawings, method statement, Flood Risk Assessment (dated 6 December 2024) and Technical Memorandum (dated 23 May 2025) and remaining in perpetuity for the lifetime of the development unless agreed in writing by the Local Planning Authority. No alteration to the Page 3 Agenda Item 5 agreed drainage scheme shall occur without prior written approval from the Local Authority.

Reason: To ensure that the development achieves a high standard of sustainability and to comply with NPPF Policies of North Herts Council.

Condition 52

The development hereby approved shall not be occupied until details of the maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The drainage scheme shall be implemented prior to the first occupation of the development hereby approved and thereafter managed and maintained in accordance with the approved details in perpetuity. The Local Planning Authority shall be granted access to inspect the sustainable drainage scheme for the lifetime of the development. The details of the scheme to be submitted for approval shall include:

I.             a timetable for its implementation

II.           II. details of SuDS feature and connecting drainage structures and maintenance requirement for each aspect including a drawing showing where they are located.

III.          a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime. This will include the name and contact details of any appointed management company.

Reason: To ensure that the development achieves a high standard of sustainability and ensure the flood risk is adequately addressed for each new dwelling and not increased in accordance with NPPF and Policies of North  ...  view the full decision text for item 25.

Audio recording – 1 hour 2 minutes 54 seconds

The Senior Planning Officer provided a verbal update on matters within the Addendum to the report in respect of Application 24/02889/FP, as well as other updated matters relating to the application and advised that:

·             The Lead Local Flood Authority had withdrawn their objection to the application.

·             Wording on the Highways Strand 2 contribution within the S106 table had been corrected and updated.

·             Multiple conditions within the report had been added, amended and combined.

·             Summaries of representations from both nearby residents and Weston Parish Council had been included.

·             A Highways and Transport Addendum had been written in response to recent objections from Great Ashby Community Council, Weston Parish Council and North Herts Councillors representing Great Ashby Ward.

·             A summary of a representation made by a resident detailing an accident outside their home in Graveley had been provided.

·             A further representation from them detailed concerns over road traffic safety from increased traffic on Church Lane/Back Lane and included photos of the accident previously mentioned.

·             Condition 5 in the recommendations section of the report had been amended with the agreement of the Highways Authority which changed the wording from “prior to first use” to “prior to first occupation”.

·             Condition 16 had been amended to include: “The approved Ecological Enhancement Plan shall be implemented on site.”.

·             Condition 18 had been amended to include: “The approved details shall be implemented on site and permanently maintained.”

·             The off-site play space contribution towards Merrick Close Play Area Improvement in the S106 table on page 78 should include: “index linked”.

·             The Applicant wished to either deliver the improvements to Graveley Public Right of Way 010 themselves or offer a contribution and because of this, the Strand 1 section of the S106 table had been amended.

·             The wording of the Right of Way Condition 7 would be amended to include: “Unless the applicant pays the s106 contribution they shall deliver the improvement works.”.

The Senior Planning Officer then presented the report in respect of Application 24/02889/FP supported by a visual presentation consisting of plans and photographs.

The following Members asked questions:

·             Councillor Dave Winstanley

·             Councillor Clare Billing

·             Councillor Nigel Mason

·             Councillor Martin Prescott

·             Councillor Steve Jarvis

·             Councillor Bryony May

·             Councillor Caroline McDonnell

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

·             For the site to be sustainable, a bus stop needed to be within 400 metres of the site, therefore, a bus route was proposed to pass along Mendip Way.

·             During the construction phase, there would be a Temporary Traffic Regulation Order which would result in yellow lining along Mendip Way.

·             Surveys showed that no mitigations were required to deal with the displacement of vehicles but the monitor and manage system would address this where appropriate.

·             No opportunity was available to modify the details submitted at a later stage in the process, as this was a full application.

·             In terms of design, there had been a detailed workshop process on this and the Urban Design team felt positively  ...  view the full minutes text for item 25.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Proposed solar farm measuring 35.5 hectares with associated battery storage and ancillary infrastructure

RESOLVED: That Application 24/02455/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager, with the amendments to Condition 4, Condition 9, Condition 12, Condition 14, Condition 16, Condition 18, Condition 24, Condition 25 and Condition 27, the removal of Condition 10 and 11 and the addition of Condition 29, as follows:

‘Condition 4

No development approved by this planning permission shall take place (including ground works or vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) should be informed by the 2024 Ecological Assessment and a pre-construction badger survey and include the following.

a)           Risk assessment of potentially damaging construction activities.

b)           Identification of "biodiversity protection zones".

c)           Practical measures to avoid or reduce impacts during construction.

d)           The location and timing of sensitive works to harm to biodiversity features.

e)           The times during construction when specialist ecologists need to be present on site to oversee works.

f)            Responsible persons and lines of communication.

g)           The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h)           Use of protective fences, exclusion barriers and warning signs.

i)             The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason: To minimise the impact of the construction process on the biodiversity and ecology of the site, in line with Policy NE2 and NE4 of the Local Plan.

Condition 9

A) No development approved by this permission shall take place/commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the Local Planning Authority in writing and in accordance with the programme of work as set out in the Archaeological Brief (P01/22/0709/3). The scheme shall include an assessment of archaeological significance and research questions; and:

1.           The programme and methodology of site investigation and recording.

2.           The programme and methodology of site investigation and recording as required by the evaluation.

3.           The programme for post investigation assessment.

4.           Provision to be made for analysis of the site investigation and recording.

5.           Provision to be made for publication and dissemination of the analysis and records of the site investigation.

6.           Provision to be made for archive deposition of the analysis and records of the site investigation.

7.           Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation.

B) The development shall take place/commence in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved under condition (A).

C) The development shall not be occupied/used until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made  ...  view the full decision text for item 26.

Audio recording – 3 hours 8 minutes 35 seconds

The Senior Planning Officer provided a verbal update on matters within the Addendum to the report in respect of Application 24/02455/FP, as well as other updated matters relating to the application and advised that:

·             The appeal lodged against the decision on the Wandon End Solar Farm application had been allowed following a Public Inquiry and planning permission had been granted. 

·             Wymondley Parish Council had written a second letter of objection in relation to a grey belt assessment document produced by the Applicant.

·             Pre-commencement conditions had been agreed by the Applicant Agent.

·             Green Belt Review categorisation of sub-parcel 10a within the report had been changed, however, the overall recommendation had not changed due to this carrying little weight.

·             An updated list of conditions had been added to the recommendations, including the addition of a Construction Traffic Management Plan, and were detailed in the supplementary documents.

The Senior Planning Officer presented the report in respect of Application 24/02455/FP supported by a visual presentation consisting of plans and photographs.

The following Members asked questions:

·             Councillor Caroline McDonnell

·             Councillor Mick Debenham

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

·             There were similarities between this application and the one at Wandon End and the recent appeal decision could be used as guidance to inform their decision. However, the report for this application had been published before the outcome of the Public Inquiry and each application should be assessed individually on its own merits.

·             Cumulative loss of Green Belt within the district had not been directly addressed in the report but it detailed that the impact of the site would be limited against the part 3 consideration due to its scale and benefits. 

·             There were residential properties within view of the site, however, the impact of the development had been considered and mitigation measures would be put in place, such as enhanced boundary treatment and hedgerow planting.

The Chair invited the first Public Objector, St Ippolyts Parish Councillor Peter Hobson to speak against the application. Councillor Hobson thanked the Chair for the opportunity and provided the Committee with a verbal presentation, and highlighted the following:

·             The approval of the application rested on whether the land would be designated as Grey Belt or Green Belt.

·             They felt that the developer was taking advantage of the grey belt requirements outlined in the Planning Policy Guidance (PPG), particularly paragraph 7.

·             In the 2016 Green Belt Review, one of the two fields in the application site was classified as making a strong contribution to the Green Belt purpose, particularly purposes A and B.

·             This contribution applied at the granular level of sub-parcel 10a which covered a substantial part of the site and parcel 10 which covered the Langley Valley, a major part of the green belt gap between Stevenage and Hitchin.

·             Applying paragraph 7 of the PPG precluded the Grey Belt land classification.

·             The site at Wandon End was assessed by the Appeal Inspector as Grey Belt due to  ...  view the full minutes text for item 26.