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Agenda, decisions and draft minutes

Venue: Council Chamber - District Council Offices, Gernon Road, Letchworth, SG6 3JF. View directions

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

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Items
No. Item

20.

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 Claire Winchester and Ruth Brown.

Minutes:

Audio recording – 1 minute 23 seconds

 

Apologies for absence were received from Councillors Claire Winchester and Ruth Brown.

 

The Chair advised that no substitutes were appointed, as the application under consideration was deferred from the previous meeting.

 

21.

MINUTES - 4 JUNE 2026 pdf icon PDF 279 KB

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 4 June 2026.

Decision:

RESOLVED:That the Minutes of the Meeting of the Committee held on 4 June 2026 be approved as a true record of the proceedings and be signed by the Chair.

Minutes:

Audio Recording – 1 minute 47 seconds

 

Councillor Nigel Mason, as Chair, proposed and Councillor Clare Billing seconded and, following a vote, it was:

 

RESOLVED:Thatthe Minutes of the Meeting of the Committee held on 4 June 2026 be approved as a true record of the proceedings and be signed by the Chair.

22.

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 36 seconds

 

There was no other business notified.

23.

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 confirmed the procedure for moving to debate on an item.

 

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

 

(6)   The Chair confirmed the cut off procedure should the meeting proceed at length.

 

Minutes:

Audio recording – 2 minutes 41 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 confirmed the procedure for moving to debate on an item.

 

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

 

(6)   The Chair confirmed the cut off procedure should the meeting proceed at length.

24.

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 – 5 minutes 22 seconds

 

The Chair confirmed that the registered speakers were in attendance.

25.

25/01766/OP LAND ON THE SOUTH SIDE OF, COWARDS LANE, CODICOTE, HERTFORDSHIRE pdf icon PDF 261 KB

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Outline application with means of access for residential development of up to 30 dwellings (including affordable housing); following demolition of all existing structures; associated landscaping, drainage, car parking; infrastructure and all ancillary and enabling works (all matters reserved except means of access)

Additional documents:

Decision:

RESOLVED: That application 25/01776/OP be GRANTED planning permission subject to:

 

A)    The completion of a satisfactory legal agreement that delivers the obligations set out in the agreed Heads of Terms at Table 1 and secure appropriate mitigation measures in respect of impacts on the Local Wildlife site, and where it is demonstrated that residual harm cannot be adequately mitigated, secure the provision of a compensation scheme as a measure of last resort. 

 

B)    The Applicant agreeing to extend the statutory period to complete the agreement, if required.

 

C)    Providing delegated powers to the Development and Conservation Manager to update conditions and informatives with minor amendments as required.

 

D)    The conditions and informatives as set out in the report of the Development and Conservation Manager.

Minutes:

Audio recording – 5 minutes 52 seconds

 

The Development and Conservation Manager provided a verbal update on matters relating to Application 25/01766 and advised that:

 

·        A further objection was received from a resident of the Riddy concerning foul water capacity and historic surcharging, and this was published on the Council’s website as a public comment.

·        The objection stated the foul sewer has a history of surcharging, causing sewage to escape into The Riddy and neighbouring bungalows. And the objector wished to know where the assessment was demonstrating sufficient hydraulic capacity for pumped foul flows from 30 dwellings.

·        The objector highlighted that there are no surface water drains in the locality, meaning heavy rainfall causes the sewer to surcharge.

·        Several incidents were referenced, including a severe event in September 2024 where gardens were flooded and water ingress into buildings was narrowly avoided.

·        The objection also referenced climate change potentially worsening the issue.

·        The applicant’s agent, acting for Hawridge Strategic Land, responded that photographs showed The Riddy was a private unadopted road with no gullies or drainage, so water had nowhere to go.

·        The applicant’s agent stated Thames Water did respond to consultation on23 July and raised no objection to wastewater or treatment capacity, correcting the objector’s claim of no response.

·        The applicant’s agent highlighted that Thames Water recommended an informative requiring a groundwater risk management permit, and that any discharge without such a permit would be deemed illegal and result in prosecution under the Water Industry Act.

·        The applicant was not prosing to discharge surface water into the foul sewer and would use a Sustainable Urban Drainage System (SUDS).

·        Drainage matters were addressed in the Flood Risk Assessment at paragraph 4.37–4.44.

·        Slides were presented showing the red line boundary, parameter plan, illustrative layout, access drawings, and site photographs, noting that Members had already visited the site and were familiar with it.

·        Members were reminded that the application had been deferred on 4 June for a site visit and further consideration of the tilted balance.

·        It was confirmed that the recommendation to grant permission remained unchanged, and Appendix A contained the original report recommending approval.

 

The Development and Conservation Manager presented the report in respect of Application 25/01766/OP accompanied by a visual presentation consisting of plans and photographs.

 

The following Members asked questions:

 

·        Councillor Louise Peace

·        Councillor Tom Tyson

·        Councillor Dave Winstanley

·        Councillor Martin Prescott

·        Councillor Clare Billing

·        Councillor Val Bryant

·        Councillor Nigel Mason

 

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

 

·        There had been no change in planning law regarding the titled balance: the revised recommendation followed legal advice.

·        There was no minimum standard for public green space on developments of this scale, judgement was based on the site and proposed layout.

·        The open space, local equipped area for play landscaping and sustainable urban drainage system areas were considered sufficient to meet the relevant golden rule.

·        The proposed Biodiversity Net Gain of 15% exceeded the statutory requirement of 10%.

·        Infrastructure contributions included education, libraries, youth  ...  view the full minutes text for item 25.

26.

INFORMATION NOTE - NATIONAL SCHEME OF DELEGATION pdf icon PDF 163 KB

INFORMATION NOTE OF THE DEVELOPMENT AND CONSERVATION MANAGER

 

This report is prepared to provide a briefing on the National Scheme of Delegation which is expected to come into effect on 31 October 2026.

Decision:

The Development & Conservation Manager presented the Information Note entitled ‘National Scheme of Delegation’.

Minutes:

Audio recording – 1 hour 45 minutes 35 seconds

 

The Development and Conservation Manager presented the Information Note entitled ‘National Scheme of Delegation,’ and advised that:

 

·        The National Scheme of Delegation was will come into effect 31 October 2026.

·        The constitution would need to be amended to comply with the national scheme.

·        Householder, minor commercial, and minor residential applications below 10 units would fall under Schedule 1 and could be brought to Planning Control Committee.

·        Larger applications would fall under Schedule 2, subject to a triage process by a designated officer and designated member.

 

The following Members asked questions:

 

·        Councillor Ian Mantle

·        Councillor Tom Tyson

·        Councillor Caroline McDonnell

·        Councillor Val Bryant

·        Councillor Louise Peace

·        Councillor Nigel Mason

 

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

 

·        Ward members may still request that Schedule 2 applications be considered for committee, citing significant environmental, social, or economic impacts.

·        The Constitution would need to clearly set out the triage process.

·        Workshops would be held to discuss constitutional changes.

·        Reserved Matters applications for schemes over 500 homes may still come to committee. However Reserved Matters applications under 500 homes may not automatically come to committee.

·        Outline applications for schemes under 500 homes can still be considered for committee via the triage process.

·        Any application undetermined after 31 October 2026 would fall under the new procedure.

·        A reduction in applications coming to committee was expected, but meeting frequency would not be reduced at this stage.

·        Further analysis would be undertaken to understand which applications would have come to committee under the new scheme.

 

RESOLVED: That the Information Note ‘National Scheme of Delegation,’ was noted.

 

27.

INFORMATION NOTE - SECRETARY OF STATE DIRECTION pdf icon PDF 86 KB

INFORMATION NOTE OF THE DEVELOPMENT AND CONSERVATION MANAGER

 

This report is prepared to provide a briefing of a Government Direction which requires that the Secretary of State for Housing, Communities and Local Government be consulted when a local planning authority intends to refuse planning permission for a housing scheme of 150 dwellings of more.

Decision:

The Development & Conservation Manager presented the Information Note entitled ‘Secretary of State Direction’.

Minutes:

Audio recording – 1 hour 59 minutes 30 seconds

 

The Development and Conservation Manager presented the Information Note entitled ‘Secretary of State Direction,’ and advised that:

 

·        Any application of 150 dwellings or more, where the Council is minded refuse, must be referred to the Secretary of State before a decision can be taken.

·        The Secretary of State has 21 days to decide whether to call in the application, with the ability to extend this period.

·        If called in, an Inspector would determine the application.

 

 

The following Members’ asked questions:

 

·        Councillor Dave Winstanley

·        Councillor Clare Billing

 

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

 

·        If committee resolved to refuse an application, the Council must notify the Secretary of State and cannot issue a decision notice until the call-in period expired.

·        Costs could be awarded if the reasons for refusal were deemed unreasonable.

·        A Secretary of State refusal was final, and the applicant cannot appeal but could pursue Judicial Review.

·        A Planning Inspector acted on behalf of the Secretary of State when determining called-in applications.

 

RESOLVED: That the Information Note ‘Secretary of State Direction,’ was noted.

                                               

28.

APPEALS pdf icon PDF 60 KB

To update Members on appeals lodged and any decisions made.

Decision:

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

Minutes:

Audio recording – 2 hours 5 minutes 17 seconds

 

The Development and Conservation Manager provided an update on Planning Appeals and advised that:

 

·        There had been 3 appeals lodged, all through written procedure.

·        No appeal decisions had been received since the last meeting.

 

There were no questions asked by Members.