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 Nigel Mason, Tom Tyson and Emma Fernandes.

Having given due notice, Councillor Mick Debenham substituted for Councillor Mason.

Audio recording – 1 minute 33 seconds

Apologies for absence were received from Councillors Nigel Mason, Tom Tyson and Emma Fernandes.

Having given due notice, Councillor Mick Debenham substituted for Councillor Mason.

To take as read and approve as a true record the minutes of the meeting of the Committee held on 20 June 2024.

RESOLVED: That the Minutes of the meeting held on 20 June 2024 be approved as a true record of proceedings and be signed by the Chair.

Audio recording – 1 minute 57 seconds

Councillor Elizabeth Dennis, as Chair, proposed and Councillor Ruth Brown seconded and, following a vote, it was:

RESOLVED: That the Minutes of the meeting held on 20 June 2024 be approved as a true record of 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 47 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 of a change to the order of the published agenda and Agenda Items 8 and 9 would be taken ahead of Agenda Items 6 and 7.

Audio recording – 2 minutes 52 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 of a change to the order of the published agenda and Agenda Items 8 and 9 would be taken ahead of Agenda Items 6 and 7.

To receive petitions, comments and questions from the public.

The Chair confirmed that the registered speakers were in attendance.

Audio recording – 8 minutes 00 seconds

The Chair confirmed that the registered speakers were in attendance.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of 14 dwellings including new vehicular access off Sperberry Hill (serving 10 dwellings) and new vehicular accesses off Stevenage Road (serving 4 dwellings) (as amended by plans received 13/11/23, 03/06/24 and 17/06/24)

RESOLVED: That application 19/01669/FP be GRANTED subject to the reasons and conditions set out in the report of the Development and Conservation Manager, with the removal of Condition 24, the relevant renumbering of other Conditions and the following additional new Conditions 29 – 33, to read:

“Condition 29:

Prior to the first occupation of the development hereby permitted the vehicular access shall be completed and thereafter retained as shown on drawing number 18142-1006 Rev G in accordance with details/specifications to be submitted to and approved in writing by the Local Planning Authority in consultation with the highway authority. Prior to use appropriate arrangements shall be made for surface water to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

Reason: To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway in accordance with Policy 5 of Hertfordshire’s Local Transport Plan (adopted 2018). To comply with Policy T1 of the Local Plan.

Condition 30:

Prior to the first occupation of the development hereby permitted a visibility splay shall be provided in full accordance with the details indicated on the approved drawing number 18142- 1006 Rev G. The splay shall thereafter be retained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

Reason: To ensure that the level of visibility for pedestrians, cyclists and vehicles is satisfactory in the interests of highway safety in accordance with Policy 5 of Hertfordshire’s Local Transport Plan (adopted 2018). To comply with Policy T1 of the Local Plan.

Condition 31:

No development shall commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan: The Construction Management Plan / Statement shall include details of:

a)    Construction vehicle numbers, type, routing;

b)    Access arrangements to the site;

c)     Traffic management requirements;

d)    Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

e)    Siting and details of wheel washing facilities;

f)      Cleaning of site entrances, site tracks and the adjacent public highway;

g)    Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times;

h)    Provision of sufficient on-site parking prior to commencement of construction activities;

i)      Post construction restoration/reinstatement of the working areas and temporary access to the public highway;

j)      where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements;

k)     Phasing Plan.

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way in accordance with Policies 5, 12, 17 and 22 of Hertfordshire’s Local Transport Plan (adopted 2018). To  ...  view the full decision text for item 36.

Audio recording – 1 hour 46 minutes 45 seconds

The Senior Planning Officer provided a verbal updated, including that:

·       The County Highways Officer had provided comments that they did not wish to restrict the grant of permission.

·       A response had been provided in the supplementary documents to comments from the Parish Council.  

The Senior Planning Officer presented the report in respect of Application 19/01669/FP supported by a visual presentation consisting of photographs and plans.

The following Members asked questions:

·       Councillor Amy Allen

·       Councillor Ruth Brown

·       Councillor Sadie Billing

·       Councillor Elizabeth Dennis

·       Councillor Michael Muir

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

·       There were two access points proposed, but these would be separate, and it would not be possible to drive through the entire site.

·       The affordable housing would be accessed off Stevenage Road.

·       The turquoise highlighted sections represented some open grass area, as well as the SUDs provision.

·       Comments in the report from the Urban Designer related to the original 2019 application and had been included for reference only and were not relevant to the decision on this application.

·       There was no direct pedestrian link within the site, but a new footpath was proposed to the east of the site which would allow connection between the two sections.

·       Sperberry Hill was a national speed limit road and Stevenage Road was a 30mph road.

·       Occupants of the affordable housing units would still have access to the open spaces on the western section of the site.

·       On the ground the affordable units would appear self-contained as a group of houses with access from Stevenage Road, not unlike 6 dwellings further north of the site.

·       He was unsure whether a housing association provider had been agreed.

·       There was 1 visitor parking space proposed in the affordable housing side, with the other visitor spaces provided on the other side.

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

·       This was a relatively modest scheme and providing the affordable housing in one location would be more suitable to an affordable housing provider.

·       The proposed separation would mean that affordable unit occupiers would not need to contribute to the maintenance of the market value housing. This would help to make the properties affordable.

·       The design of the houses was tenure blind, in line with overall parameters.

·       It was a small site and access to the other side of the site would be a short walk along a new footpath.

The Chair invited the representative of the Applicant, Mr Russel Gray, to speak in support of the application. Mr Gray thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       The report outlined the comprehensive reasons why the application should be approved.

·       Policy SI2 of the adopted Local Plan sets out 4 specific criteria which have all been met. These included a detailed archaeological survey, incorporation of existing trees where possible, maintenance and enhancement of existing rights of way and noise mitigation measures.

·       The original application  ...  view the full minutes text for item 36.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Residential development comprising of 26 dwellings including creation of vehicular access off High Street and associated parking, drainage, landscaping and amenity space.

RESOLVED: That application 23/00186/FP be GRANTED subject to the reasons and conditions set out in the report of the Development and Conservation Manager, with the removal of Condition 19, relevant renumbering of existing conditions and the additional Condition 25 to read:

“Condition 25:

Prior to the commencement of works on site, an Arboricultural Protection Plan, which sets out the method of protection for trees to be retained within the site, shall be submitted to, and approved in writing by the Local Planning Authority. The protection plan shall be in accordance with Section 4.6 of BS5837:2012 'Trees in relation to design, demolition and construction - Recommendations'. Thereafter, the development shall be carried out in accordance with the approved plan.

Reason: To prevent damage to or destruction of trees to be retained on the site in the interests of the appearance of the completed development and the visual amenity of the locality, and to comply with Policy NE2 of the North Hertfordshire Local Plan 2011 to 2031.”

Audio recording – 2 hours 32 minutes 30 seconds

The Senior Planning Officer provided updates, including that:

·       An arboricultural plan submitted alongside the application had not been updated following amendments made in January 2024. The old layout would need to be removed and the new plan provided.

·       A condition on tree protection was proposed to be included in order to address the missing arboricultural plan.

The Senior Planning Officer presented the report in respect of Application 23/00186/FP supported by a visual presentation consisting of photographs and plans.

In response to questions from Councillor Ruth Brown, the Senior Planning Officer advised that:

·       There would be access to the byway from the west of the site.

·       Consultee comments regarding fencing were not relevant, as it was outside the site area.

·       The design met Part L criteria for sustainability.

·       Other sites in Graveley had been allocated in the adopted Local Plan, but this was an additional site which was classed as ‘white land’.

Councillor Amy Allen proposed to grant permission and Councillor Ruth Brown seconded and, following a vote, it was:

RESOLVED: That application 23/00186/FP be GRANTED subject to the reasons and conditions set out in the report of the Development and Conservation Manager, with the removal of Condition 19, relevant renumbering of existing conditions and the additional Condition 25 to read:

“Condition 25:

Prior to the commencement of works on site, an Arboricultural Protection Plan, which sets out the method of protection for trees to be retained within the site, shall be submitted to, and approved in writing by the Local Planning Authority. The protection plan shall be in accordance with Section 4.6 of BS5837:2012 'Trees in relation to design, demolition and construction - Recommendations'. Thereafter, the development shall be carried out in accordance with the approved plan.

Reason: To prevent damage to or destruction of trees to be retained on the site in the interests of the appearance of the completed development and the visual amenity of the locality, and to comply with Policy NE2 of the North Hertfordshire Local Plan 2011 to 2031.”

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Erection of 10 dwellings (6 x 3-bed, 3 x 4-bed and 1 x 5-bed ) including creation of vehicular access off Police Row, associated garaging, landscaping, drainage infrastructure and ancillary works (as amended by drawing nos. JBA 23_231 01, JBA 23_231 02, 19251-100A; -101B; -102B; -103B; 104C; -106C; -110B; -113B and -114B received on 09/02/2024, drawing no.SK04 received on 13/05/2024, drawing nos. 19251 - 107D; -1001G; -1002F; -1003F; -1005C received on 17/06/2024, and drawings nos. 19251 - 105D; -111B and -112D received 25/06/2024, drawings nos. 1925 - 1004F received 27th June 2024; and drawing -19328-THER-5-SK001-E received 3rd July 2024).

RESOLVED: That application 23/01885/FP be GRANTED planning permission subject to:

A)      The completion of a S106 agreement in line with the agreed Heads of Terms;

B)    The receipt of the Impact and Conservation Payment Certificate following an application to Natural England under the GCN District Level Licensing (DLL) or any other means to address impact on GCN and a response of no objection from the North Herts Ecologist;

C)    Seeking to address the objection from the Highway Authority relating to refuse collection, which the Highway Authority have indicated can be reasonably achieved, and this matter is delegated to the Development and Conservation Manager and the Chair of Planning Control Committee, so that this application would not need to come back to Planning Committee for this reason alone;

D)    The agreement to an extension of time to the statutory determination date to allow time for (A), (B) and (C) to occur; and

E)    The conditions and informatives recommended in the report, and any other reasonable and necessary conditions that are recommended by the Highway Authority.

And the following additional Condition 35 to read:

“Condition 35:

Notwithstanding the submitted plans, no gates shall be provided across the access to the site.

Reason: In the interests of local visual amenity and to comply with Policy D1 of the North Hertfordshire Local Plan 2011 to 2031.”

Audio recording – 9 minutes 16 seconds

The Senior Planning Officer provided updates, including that:

·       A draft section 106 agreement had been received, which had been forwarded onto the legal team at the Council.

·       The current recommendation subject to the receipt of impact assessments had been updated, due to changes in the approach of the applicant to address the issues and it was not possible to consult with the Ecology Officer ahead of the meeting.

·       The Highways Authority continued to object to the application, due to the collection of refuse from the site. However, the proposals outline the collection of refuse from Police Row which was acceptable in the planning balance, and it was therefore considered that refusal for this reason would not be sustainable.

·       If the refuse matter can be resolved, without compromise to the design, then the matter should be explored further.

·       Should Members consider current refuse proposals to be unacceptable, then a proposed further amendment to the recommendation for resolution to grant had been circulated which would allow the Development and Conservation Manager, alongside the Chair of the Committee, to make this decision to prevent the application returning to Committee for this reason alone.

·       There was an error at paragraph 4.3.52 and an archaeological report had been received and was included on the website.

The Senior Planning Officer presented the report in respect of Application 23/01885/FP supported by a visual presentation consisting of photographs and plans.

The following Members asked questions:

·       Councillor Ruth Brown

·       Councillor Amy Allen

·       Councillor Michael Muir

·       Councillor Mick Debenham

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

·       Affordable housing requirements only applied to developments of 11 or more dwellings. If the application was for 12 dwellings, then 3 units would need to be affordable to be policy compliant.

·       There was only one access point proposed to the site within the application, but there was an informal footpath to the south.

·       Any open spaces in the proposals were expected to be for any Therfield residents and would not be sectioned off.

·       The Lead Local Flood Authority (LLFA) had been consulted and this is detailed in points 4.3.53 to 4.3.57 of the report. They noted the need to have regard to SUDs and boreholes but raised no objection subject to the inclusion of 3 conditions.

·       It would be unreasonable to reject the application on flooding grounds, as no objection had been received from the LLFA.

·       In assessments undertaken, and outlined at 4.3.46 to 4.3.49 of the report, there would be ecological and biodiversity gains. These had been consulted on with the Ecology Officer who had proposed 2 conditions.

·       The application was submitted prior to the Biodiversity Net Gain (BNG) requirements being mandatory and so it is beneficial this is being done regardless.

The Chair invited Parish Councillor Andy Osbourne to speak against the application. Parish Councillor Osbourne thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       It had been 8 years since the application was first  ...  view the full minutes text for item 38.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Terrace of three 3-bed dwellings including creation of vehicular access off Picknage Road, parking and landscaping.

RESOLVED: That application 23/02948/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 25 minutes 35 seconds

The Senior Planning Officer advised there were no updates to provide and presented the report in respect of application 23/02948/FP supported by a visual presentation consisting of photographs and plans.

In response to questions from Councillor Ruth Brown, the Senior Planning Officer advised that:

·       There were light tunnels proposed to be installed in the roof of the middle dwelling to allow natural light into the ensuite and bathroom, as these did not have external walls.

·       Permitted development rights had been removed, so any extension into the loft space would require further planning permission.

The Chair invited Parish Councillor Yvonne Lee to speak against the application. Parish Councillor Lee thanked the Chair for the opportunity and provided the committee with a verbal presentation including that:

·       Barley was a small settlement with fewer than 700 residents. However, it was considered a Category A village in planning terms.

·       There had been a long Local Plan process which had considered this site for housing, but this was rejected by the Council partly due to its location in the Conservation Area.

·       No sites had been allocated within the village for development in the Local Plan.

·       There were questions as to why the site was previously rejected for housing but was now considered suitable for development.

·       There had already been substantial development in the village with a 22% increase in units over recent years. This included 8 units on open land behind the village surgery, which had an impact on the conservation area.

·       Another application across the road was rejected by the inspector due to consideration of impact on the conservation area.

·       It was not unusual for there to be tensions between planning policies, as these were subjective, and it was possible to come to a different view to the Officer proposals along planning grounds.

The Chair thanked Parish Councillor Lee for her presentation and invited Parish Councillor Jerry Carlisle to speak against the application. Parish Councillor Carlisle thanked the Chair for the opportunity and provided the committee with a verbal presentation including that:

·       The Conservation Officer was opposed to the application due to damage to the conservation area, but the Planning Officer had disagreed with this.

·       The Parish Council had been consulted on two occasions in January and June. However, the website outlines that the Parish Council should have been consulted further in July.

·       Due to this, the Parish Council were not aware of some changes proposed including changes to visitor parking and landscaping.

·       Parking was expected to be on Picknage Road, but there would not be suitable space here for visitors, as had been demonstrated on another nearby site.

·       Picknage Road was a 30mph road, but speeds had been recorded between 40 and 50mph, therefore it would not be suitable for parking.

·       Parking on Picknage Road would cause access problems for emergency and refuse vehicles.

In response to a point of clarification from Councillor Elizabeth Dennis, the Senior Planning Officer advised that the Parish Council  ...  view the full minutes text for item 39.

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 – 2 hours 44 minutes 15 seconds

The Development and Conservation Manager provided an update on Planning Appeals and outlined that there had been two appeals lodged and one appeal dismissed.

There were no questions from Members.

INFORMATION NOTE OF THE DEVELOPMENT AND CONSERVATION MANAGER

To provide Members with a regular update on Planning Enforcement.

The Principal Planning Officer (Conservation and Enforcement) provided an update on Current Enforcement Notices.

Audio recording – 2 hours 45 minutes 16 seconds

The Principal Planning Officer (Conservation and Enforcement) provided an update on Current Enforcement Notices, including that:

·       The Levelling Up and Regeneration Act came into force from April 2024, which provided further tools for Officers to use regarding enforcement.

·       Further updates would be provided to Members on any other notices issued.

·       There had been one notice issued in this quarter, which had been appealed against.

There were no questions from Members.

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(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves 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 – 2 hours 47 minutes 11 seconds

Councillor Elizabeth Dennis, as Chair, proposed and Councillor Ruth Brown seconded and, following a vote, it was:

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves 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 (Conservation and Enforcement) provided an update on Current Enforcement Actions.

N.B. As this item was considered in private session, no audio recording is available.

The Principal Planning Officer (Conservation and Enforcement) provided an update on Current Enforcement Actions, including that:

·       Point 3.2 of the report should refer to Q1 as January to March and Q2 as April to June, however the figures provided within the table are accurate.

·       There had been 30 new cases in June.

The following Members asked questions:

·       Councillor Ruth Brown

·       Councillor Elizabeth Dennis

Councillor Ruth Brown congratulated the team on dealing with the backlog of enforcement cases and noted that it was important reputationally for the Council to be seen to be conducting enforcement, especially in high profile cases.

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

·       There had been no further update on the site listed at the top of the table at point 3.16 of the report.

·       Direct reporting to Planning Enforcement was the most appropriate way to log a case.

·       They were reviewing the information on the website and how this could be more appropriate.

·       Members reporting issues directly would allow for monitoring and reviewing of key themes or core sites.