Agenda, decisions and draft 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 Ian Moody, Sean Nolan and Terry Tyler.

Having given due notice Councillor Dave Winstanley substituted for Councillor Nolan.

Audio recording – 1 minute 21 seconds

Apologies for absence were received from Councillors Ian Moody, Sean Nolan and Terry Tyler.

Having given due notice Councillor Dave Winstanley would substitute for Councillor Nolan.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 7 March 2024.

RESOLVED:That the Minutes of the Meeting of the Committee held on 7 March 2024 be approved as a true record of the proceedings and be signed by the Chair.

Audio Recording – 1 minute 51 seconds

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

RESOLVED:That the Minutes of the Meeting of the Committee held on 7 March 2024 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 – 2 minutes 46 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.

Audio recording – 2 minutes 49 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.

To receive petitions, comments and questions from the public.

The Chair confirmed that the registered speakers were in attendance.

Audio recording – 4 minutes 49 seconds

The Chair confirmed that the registered speakers were in attendance.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Conversion of existing barn into one 4-bed dwelling including extensions, detached car port, widening of existing vehicular access, associated landscaping and parking following demolition of existing stable extension, car port and lean-to structure. (as amended by plan nos 301_R1, 302_R2, 3010_R1 _ 313_R1)

RESOLVED: That application 23/01220/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager, and the following amendments to Conditions 8 and 9 and the addition of Conditions 10 and 11, as follows:

“Condition 8

The development hereby permitted shall be carried out in accordance with the recommended mitigation and enhancements set out in the submitted ecology report by Cherryfield Ecology dated January 2023 and the Emergence & Activity Bat Survey dated June 2023 unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of nature conservation and to comply with Policy NE4 of the North Herts Local Plan 2011 – 2031.

Condition 9

Prior to the commencement of the development approved a scheme of sustainable energy saving measures to be incorporated into the dwelling shall be submitted to, and approved in writing by, the Local Planning Authority and implemented on site.

Reason: To address the climate emergency in accordance with Local Plan Policy D1 of the North Herts Local Plan.

Condition 11

Notwithstanding the detail show on the submitted drawings further details of shuttering to the north facing primary entrance shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of works. The development shall be carried out in accordance with the approved details.

Reason: To safeguard the character and appearance of the listed building to which this consent relates and to comply with Policies SP13 and HE1 of the North Hertfordshire Local Plan 2011 to 2031.

Condition 12

Notwithstanding the detail show on the submitted drawings further details of the opening size and design of the north facing rooflight shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of works. The development shall be carried out in accordance with the approved details.

Reason: To safeguard the character and appearance of the listed building to which this consent relates and to comply with Policies SP13 and HE1 of the North Hertfordshire Local Plan 2011 to 2031”.

Audio Recording – 4 minutes 55 seconds

The Senior Planning Officer gave a verbal update and advised that:

·       A supporting letter had been received from the planning consultant for the applicant. This includes endorsement of the recommendation of the Conservation Officer that the dwelling location met with all criteria from the National Planning Policy Framework.

·       A variation in the wording to condition 8 would include relevance to the Bat survey carried out in June 2023.

·       A variation to the wording in condition 9 would be to include “pre - commencement” rather than “first occupation”.

·       New conditions 11 and 12 were suggested in respect of the shuttering and roof elevation to safeguard the character of the building.

The Senior Planning Officer presented the report in respect of Application 23/01220/FP supported by a visual presentation consisting of photographs and plans.

The following Members asked points of clarification:

·       Councillor Louise Peace

·       Councillor Tom Tyson

·       Councillor Val Bryant

In response to the points of clarification, the Senior Planning Officer advised that:

·       The bat licencing body concerned with this development would be Natural England, or whoever should replace them if they should not exist in the future.

·       The roof tiles on the existing building would be removed and reused.

·       It would be investigated whether there is a condition concerning the fabric change of the building and whether this needs to be recorded by Historic England.

The Development and Conservation Manager advised that there is a separate listed building application which will be dealt with under delegated powers and any condition concerning the recording of the fabric of the building would placed on a consent relating to that application.

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

·       The area had quiet lanes, mainly used by residents and delivery drivers.

·       The barn itself was beautiful, but the added buildings were ugly. The development would provide external benefit to the area.

·       Highways had raised concerns that there were no pavements, although his young family use both bicycles and prams and have no concerns. It was thought that one new dwelling would not add significant traffic problems.

The following Members asked points of clarification:

·       Councillor David Levett

·       Councillor Nigel Mason

In response to the points of clarification, Mr Brown advised that:

·       Alterations to the development would improve the visibility on the site. The stable block to be removed did obstruct the entrance view. It had also been recommended by the traffic consultant to remove the top two thirds of the hedge adjacent to the entrance to improve the visibility splay.

·       It was unknown when the site was last used as a farm. He purchased the building 3 years ago, when the previous owners moved to an adjacent bungalow. The previous owners used the site for horses and storage. He was not aware of when the last commercial use of the site was.

In response  ...  view the full minutes text for item 204.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

The Development and Conservation Manager presented the report entitled ‘Planning Appeals’.

Audio Recording: 37 minutes 8 seconds

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

·       One appeal had been dismissed for a property in Barley.

·       The decision for the solar farm in Great Wymondley following the public enquiry had been overruled by the Secretary of State.

·       The application for the Bygrave solar farm, which had previously received a hold notice from the Secretary of State, would be returned to a future planning meeting for discussion.

·       A further application for a solar farm at Wandon End, near Luton Airport would be discussed at a future meeting.

The following Members asked points of clarification:

·         Councillor Nigel Mason

·         Councillor David Levett

In response to the points of clarification, the Development and Conservation Manager advised that:

·         The Councils costs for the public enquiry was around £78,000, plus officer time. A recent letter from the Great Wymondley Residents Association showed a possible intention to challenge this decision in the High Court, although this would not stop the judicial review period of six weeks following the decision.

·         There would not necessarily be a need for the Council to be represented during any Judicial Review in the High Court. It would be for the Secretary of State to be legally represented to defend his decision.

RESOLVED: That the Committee noted the report.

INFORMATION NOTE OF THE DEVELOPMENT AND CONSERVATION MANAGER

To advise the Committee of information setting out the quarterly update of the planning enforcement service.

The Principal Planning Officer presented the Information Note entitled ‘Current Enforcement Notices’.

Audio Recording – 47 minutes 8 seconds

The Principal Planning Officer presented the Information Note entitled ‘Current Enforcement Notices’ and advised that:

·     She was the newly appointed Team Leader of the Planning Enforcement Team and provided background on the newly established team.

·     The team would continue to seek to negotiate on enforcement issues and come to an informal agreement where breaches occurred. Whilst this may lead to more protracted process, it was important to take a pragmatic approach to dealing with enforcement issues.

·     The team would prioritise listed building, development in the green belt and advertising breaches and would continue to work progressively alongside the Conservation Officers to ensure that where a development fails to meet the corporate objective of the Council, appropriate action is taken.

RESOLVED: That the Committee noted the Information Note.

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 Paragraph 7 of Part 1 of Schedule 12A of the said Act (as amended).

RESOLVED: 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 Paragraph 7 of Part 1 of Schedule 12A of the said Act (as amended).

Audio recording – 50 minutes 9 seconds

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

RESOLVED: 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 Paragraph 7 of Part 1 of Schedule 12A of the said Act (as amended).

INFORMATION NOTE OF THE DEVELOPMENT AND CONSERVATION MANAGER

To update Members on the active enforcement cases.

The Principal Planning Officer presented the Information Note entitled ‘Current Enforcement Actions’.

N.B This item was considered in restricted session and therefore no recording is available.

The Principal Planning Officer presented the Information Note entitled ‘Current Enforcement Actions’ and advised that:

·     Officers were working on the current caseloads and bringing backlogs down, due to the recent turnround of staff. Cases would now be picked up, revisited and decisions made.

·     Members were contacting officers directly to request updates. Officers were keen to bring a clear message of a serious approach to planning enforcement and all enquiries should be submitted through the Enforcement inbox.

·     The team were not yet fully staffed, but the plan of work set out for members had real focus and progress for future works.

·     Provided detail on the current enforcement actions listed within the Information Note.

In response to the points of clarification from Councillor Dave Winstanley, the Principal Planning Officer advised that:

·     Retrospective prosecution could take place on breaches at premises listed within the Information Note.

·     The Enforcement Team had regular monthly liaison meetings with the Legal Team to ensure support for any legal actions required.

RESOLVED: That the Committee noted the Information Note.