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 Councillor Elizabeth Dennis.

Audio recording – 2 minutes 4 seconds

Apologies for absence were received from Councillor Elizabeth Dennis.

To take as read and approve as a true record the minutes of the meetings of the Committee held on the 10 October 2024 and the 24 October 2024.

RESOLVED:That the Minutes of the Meetings of the Committee held on 10 October 2024 and 24 October 2024 be approved as true records of the proceedings and be signed by the Chair.

Audio Recording – 2 minutes 14 seconds

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

RESOLVED:That the Minutes of the Meetings of the Committee held on 10 October 2024 and 24 October 2024 be approved as true records 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 25 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 – 3 minutes 29 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 – 5 minutes 48 seconds

The Chair confirmed that the registered speakers were in attendance.

To consider any questions submitted by Members of the Council, in accordance with Standing Order 4.8.11(a).

There were three questions submitted in accordance with Standing Order 4.8.11.

Councillor Ralph Muncer to Councillor Nigel Mason, Chair of the Planning Control Committee:

(1)   What is the Council’s policy regarding the application of its powers under the Listed Building Act 1990, the Town and Country Planning Act 1990, and the Buildings Act 1984, in respect of holding building owners to account for the dilapidation of Listed Buildings, especially for registered Assets of Community Value?

(2)   In particular, if the Council becomes aware that a Listed Building or building within a Conservation Area is at risk from dilapidation, to what extent will the Council allow the building to deteriorate before exercising its power to take formal legal enforcement action under the above acts?

(3)   If the owner’s maintenance of a Listed Building falls below the Council’s minimum standard requirement (as in (2) above), and indeed the minimum standard required by legislation, how much time will the Council give the owner to restore the building to comply with informal requests and comply with statutory requirements before taking formal legal action to protect the historic building?

Audio recording – 6 minutes 15 seconds

In accordance with Standing Order 4.8.11, three questions had been submitted by the required deadline set out in the Constitution.

(1)   Councillor Ralph Muncer to Councillor Nigel Mason, Chair of the Planning Control Committee:

‘What is the Council’s policy regarding the application of its powers under the Listed Building Act 1990, the Town and Country Planning Act 1990, and the Buildings Act 1984, in respect of holding building owners to account for the dilapidation of Listed Buildings, especially for registered Assets of Community Value?’

Through the Chair, the Development and Conservation Manager provided the following response:

‘The Council do not have an adopted policy, as such, we apply the relevant Acts based upon basic Government guidance. As far as the listed buildings, as far as the Buildings Act that is a matter for Building Regulations and is not a matter for me to comment on and building regulations deal with dilapidation buildings generally.

With regards to listed buildings, as I said earlier we do not have a policy on such matters but we do follow government guidance, there is no specific duty on owners to keep their buildings in a good state or repair, but we do have powers to take action where a designated heritage asset has deteriorated to the extent that its preservation may be at risk. And there are various notices that we can use under the Listed Building and Conservation Area Act. Section 54 and 55 deal with urgent works to buildings, but that can only apply to an unoccupied building or parts of a building that is unoccupied. And then there is the repairs notice under section 48 of the Town and Country Planning Listed Buildings and Conservation Areas Act, that can relate to listed buildings which are occupied and we can serve a repairs notice on the owner in regards to those. The notice would specify the works that the authority considers reasonably necessary for the proper preservation of the building it does not deal with the restoration of the building it just deals with  preservation and therefore the requirements of such a notice can only deal with buildings that are in such a state that the preservation is at risk and the works that we can require are to bring it to a point where it is no longer at such risk. We cannot require its restoration to a much better state than that which is just required to ensure that basically it does not fall down. There is the ability to compulsory purchase a listed building and that is outside my purview and delegated powers and then that would be a matter for others within the Council.

You asked a question about Registered Assets of Community Value, those have no relevance to the Listed Buildings Act and to whether something is a listed building.

Assets of Community Value were assets where the communities have the right to identify the building or the land that they  ...  view the full minutes text for item 88.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER    

Conversion of existing dwelling "The Lodge" into 6 apartments (5 x 2-bed and 1 x 3-bed). Erection of four terraced 2-bed dwellings and five detached dwellings (1 x 5-bed, 2 x 4-bed and 2 x 2-bed) including landscaping and parking following demolition of existing buildings. Alteration of existing access and creation of additional access

RESOLVED: That application 22/02675/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager.

Audio recording – 14 minutes 48 seconds

The Senior Planning Officer provided an update that the Applicant was actually Mr J Grint and not Clear Architects as stated in the report.

The Senior Planning Officer presented the report in respect of Application 22/02675/FP supported by a visual presentation consisting of photographs and plans.

The following Members asked questions:

·       Councillor Amy Allen

·       Councillor Louise Peace

·       Councillor Bryony May

·       Councillor Tom Tyson

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

·       The northern access would remain as a gated entrance.

·       The southern access point would lead to the land gifted to the Parish Council and to the 4, two bedroom dwellings.

·       There would be 15 dwellings in total.

·       The application met the affordable housing allocation, as the dwellings in the Grange were conversions and not new builds.

·       The four affordable houses would be sited facing inwards and not towards the street.

·       Replacement trees would be planted.

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

·       The development would cause the destruction of wood land.

·       There were no guarantees that the gifted land would not be developed on, at a later date.

·       The site was on green belt land and was outside the village boundary.

·       The site was in the conservation area of Kimpton Bottom and was an area of principle historic interest with wooded boundaries.

·       The development of the four houses was considered as infill building but would be hidden from the street by trees.

·       The removal of woodland negated the conservation and green belt status.

·       Kimpton needed affordable homes, the application stated all the homes were exceptional, but the 4 affordable homes were not exceptional.

·       The deciduous trees and wildlife should be protected, the new dwellings would cause traffic and light pollution.

·       There would be a loss of over 50 trees and the associated wildlife would be displaced, it would take decades to replenish these losses.

·       There would be water build up from the removal of the trees.

·       The site would have a 51.3% biodiversity net gain, however who would look after the new woodlands.

·       The village was surrounded by farms and footpaths, it did not have a need, nor funding to maintain any extra gifted land.

The Chair thanked Ms Malcolm for her presentation and invited Councillor Ralph Muncer to speak against the application. Councillor Muncer thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       The Grange conversion and the building of the lake homes would give a new lease of life to the site.

·       The siting of the four affordable homes was not in keeping with the rest of the development. These dwellings were situated in green belt and conservation land and were outside the settlement boundary. The siting of these dwellings would cause harm to the area.

·       Very special circumstances had not been demonstrated to build in this area as specified  ...  view the full minutes text for item 89.

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER     

Outline planning application for the erection of up to 42 residential dwellings, including affordable housing, public open space, landscape planting, sustainable drainage system and new access arrangements from The Close (all matters reserved except means of access) (as amended by plans and information submitted 8th April 2024 and 13th August 2024).

RESOLVED: That application 23/02895/OP 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 amendments to Conditions 11,12 and 14 as set out in the supplementary document and the relevant renumbering of existing conditions.

“Condition 11:

Landscape and Ecological Management Plan (LEMP)

‘Prior to commencement of the development, a Landscape and Ecological Management Plan shall be prepared, detailing how biodiversity will be incorporate within the development scheme and managed/monitored long-term. This should include details regarding who will have the management responsibilities. The plan shall include details of the landscaping proposed to achieve measurable gains to biodiversity, as well as a graphical plan which sets out the number, type and position of ecological enhancement features to be incorporated into the design scheme. This plan shall be submitted to the Local Planning Authority for written approval to demonstrate the expectations of the NPPF and Local Policy in achieving overall measurable net gains for biodiversity. The development shall be carried out in accordance with the approved plan unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure sensible working practices which protect ecology on and adjacent to this site, in accordance with Policy NE4: Biodiversity and Geological Sites.

Condition 12

Construction Environment Management Plan (CEMP)

No development shall take place until a Construction Environmental Management Plan (CEMP) for biodiversity has been submitted to and approved in writing by the local planning authority. The CEMP shall include the following:

a)    Risk assessment of potentially damaging construction activities.

b)    Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). This must include:

i.                Best practice measures to ensure the protection of retained vegetation during construction;

ii.              Best practice measures to ensure any invasive species listed on Schedule 9 of the Wildlife and Countryside Act 1981 encountered within the site will be removed and disposed of as controlled waste;

iii.             A precautionary working method for hedgehogs.

c)     The location and timings of sensitive works to avoid harm to nesting birds.

d)    Details of a translocation programme for slow-worms.

The CEMP should include a statement to the effect that if any protected species are encountered during any stage of the development, then works must cease immediately and advice be sought from a suitably qualified ecologist on how best to proceed. Development shall proceed in accordance with the approved CEMP, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure sensible working practices which protect ecology on and adjacent to this site, in accordance with Policy NE4: Biodiversity and Geological Sites.

Condition 13:

Lighting Strategy

No development shall take place until an external lighting scheme has been submitted to and approved in writing by the Local Planning Authority. This scheme should follow guidance from the Bat Conservation Trust and Institution of Lighting Professionals (2023), and be designed to  ...  view the full decision text for item 90.

Audio recording – 1 hour 21 minutes 26 seconds

The Senior Planning Officer provided an update regarding the supplementary documents published on the 21 November 2024.

The Senior Planning Officer presented the report in respect of Application 23/02895/OP supported by a visual presentation consisting of photographs and plans.

The following Members asked questions:

·       Councillor Ruth Brown

·       Councillor Ian Mantle

·       Councillor Amy Allen

·       Councillor Tom Tyson

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

·       There was no specialist cycling route into the site.

·       There was no other access onto the site however there was a public right of way across the site.

·       The strip of green outside the boundary was for illustration purposes and not material, it may be part of the footpath.

·       The applicant had submitted illustrated plans for the site, these were merely to show that the development met in principle the criteria and polices required for allocated site CD3.

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

·       This application was for 42 dwellings, the original Local Plan allocation for this site was for 48 dwellings. Should outline planning be granted the applicant could only build up to 42 dwellings.

·       It was likely that the illustrated layout would be indicative of the final plans, mainly due to the topography of the site.

·       This application included vehicular access on to the site as this was not reserved for later approval.

·       There were various public rights of way proposed within the site, including one that linked to the top northeast corner of the site.

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

·       There were 32 objections to this application.

·       There was insufficient infrastructure surrounding this application.

·       Hertfordshire County Councils Right of Way Officers had conditioned that there should be no footpath diversions during this development.

·       There had already been more houses built in Codicote than its original housing allocation in the Local Plan.

·       The Highways team changed their objection and claimed that the extra 33 daily trips to the site would not cause any extra harm, this was concerning.

·       Recently ambulances had been unable to gain access to the area and this would only be made worse by congestion from construction and then the new homes.

·       There were concerns regarding parking spaces which were already limited and any proposed priority lanes.

·       The proposed bungalows would have sight into existing properties, additional high level planting would be required.

·       There would be impacts on resident insurance premiums and the development would cause loss of light to existing properties.

The Chair thanked Mr Stokes for his presentation and invited Councillor Ralph Muncer to speak against the application. Councillor Muncer thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       The Local Plan had allocated 400 homes to Codicote but had not put in adequate infrastructure. The High Street along with smaller road were  ...  view the full minutes text for item 90.

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 hour 9 minutes 47 seconds

The Development Management Team Leader provided an update on Planning Appeals and highlighted that:

·       There had been one appeal lodged which related to the removal of a condition.

·       Two appeals had been dismissed with no discernible issues.

·       The Rhee Spring appeal had been postponed with no rescheduled date. This may get upgraded to a public inquiry with additional costs.

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 the Planning Enforcement Quarterly Report.

Audio recording – 2 hour 12 minutes 40 seconds

The Principal Planning Officer (Conservation and Enforcement) provided an update on the Planning Enforcement Quarterly Report and advised that:

·       The report gave an insight into the work of the Enforcement team.

·       Customer engagement was crucial to the department to retain a good reputation.

·       Work was ongoing to signpost members of the public and to separate out general public enquires from those that required assistance from the enforcement team.

·       There had been website changes which included a frequently asked questions function and a summary of current work.

·       It was noted that enforcement work took time and was not a rapid response service.

·       From December the website would have monitoring details of section 106 payments and would include a list of contributions received over the last year, what the money had been spent on and a clawback overview.

The following Members asked questions:

·       Councillor Ruth Brown

·       Councillor Ian Mantle

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

·       Information regarding enforcement appeals would be included in the next quarterly update.

·       Work was ongoing to set up a sharing network with other districts and the County Council regarding Section 106 payments.

Councillor Ruth Brown advised that the Overview and Scrutiny Committee were appointing a Task and Finish Group on Section 106 funding.

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 21 minutes 28 seconds

Councillor Nigel Mason, 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 provide Members with a Quarterly Update on the Planning Enforcement Team.

The Principal Planning Officer (Conservation and Enforcement) provided an update on the Planning Enforcement Team.

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 the Planning Enforcement Team.