Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Outline planning application for residential development of up to 42 dwellings, all matters reserved but access (as amended by plans and information received 09-06- 2020, 23-07-2020 and 10-12-2020).

Councillor Michael Muir advised that he was a Hertfordshire County Councillor. However, he had not had any input at County level on this application nor had the application gone before the County’s Development Control Committee. Having sought advice from the Legal Advisor, he would remain in the room and take part in the debate and vote of the item.

 

Councillor Morgan Derbyshire exercised his Councillor Speaking Right and did not take part in the debate and vote.

 

RESOLVED: That application 19/00520/OP be DEFERRED so that Hertfordshire Highways could attend a future committee meeting to answer questions in respect to the impact on the safe use of surrounding residential streets.

Audio Recording – 4 Minutes 41 Seconds

 

Outline planning application for residential development of up to 42 dwellings, all matters reserved but access (as amended by plans and information received 09-06-2020, 23-07-2020 and 10-12-2020)

 

Councillor Michael Muir advised that he was a Hertfordshire County Councillor. However, he had not had any input at County level on this application nor had the application gone before the County’s Development Control Committee. Having sought advice from the Legal Advisor, he would remain in the room and take part in the debate and vote of the item.

 

Councillor Morgan Derbyshire exercised his Councillor Speaking Right and did not take part in the debate and vote.

 

The Senior Strategic Sites Officer presented the report in respect of application 19/00520/OP supported by a visual presentation consisting of photographs and plans.

 

The Officer advised that Plan No: ST-2571-20 was to be removed as it was no longer required.

 

The following Members asked questions of the Officer in relation to the site area and access.

 

The Officer responded to questions raised.

 

The Chair invited Ms Lisa Wallman and Mr Nathan Hanks to address the Committee in objection to the application, including:

 

·                There had been no written response regarding this site from the Council’s Conservation Officer;

·                There were alternative options for the access;

·                The lane was 3.8 metres wide which was too narrow. Vehicles were not able to pass each other, causing them to mount the verge;

·                This development would increase vehicle movement between the hours of 8am and 9am, which would have an impact on parents and children walking to school;

·                Pedestrians and vehicles would be sharing the same space;

·                There would be harm to the heritage buildings, a loss of trees and a negative impact on the environment;

·                There were safety concerns for other users such as cyclists;

·                The lane was not designed for heavy traffic; and

·                Lots of pedestrians used the lane and they required safe access.

 

The Chair invited Councillors Daniel Allen and Simon Bloxham, Member Advocates, who were sharing the allotted 10-minute speaking time, to address the Committee in objection to the application.

 

Councillor Daniel Allen addressed the Committee first, including:

 

·                Access to the development was unsafe;

·                Croft Lane was too narrow;

·                The lane width had caused problems for the emergency services in the past, preventing them from driving down it;

·                Vehicles have been mounting the verge;

·                There would be an increase in larger vehicles using the lane such as delivery vans; and

·                There was no traffic management plan in place.

 

The Chair invited Councillor Simon Bloxham to address the Committee, including:

 

·                Hertfordshire County Council were not initially aware of the highway’s issues. However, as soon as the Leader and Cabinet were made aware, they agreed to remove the sale of the land from the Cabinet agenda for the site to be fully reviewed; and

·                The site was unsuitable.

 

The following Member asked a question of Councillor Daniel Allen:

 

·                Councillor Sue Ngwala.

 

In response, Councillor Allen advised that:

 

·                The development would have an impact on biodiversity;

·                The grass was mowed regularly by the County Council which also impacted upon biodiversity in the area; and

·                Trees would need to be removed during the construction of this development.

 

The Chair invited Ms Claire Newbury and Mr Simon Young, who were sharing the 10-minute allotted speaking time, to address the Committee in support of the application, including:

 

·                The site was located in the emerging local plan;

·                The impact on the heritage assessment concluded that there was a neutral contribution to the conservation area;

·                There would be no harm to heritage buildings or the conservation area;

·                The site would deliver 40% affordable housing;

·                There would be open space available to residents for leisure and recreation use which would be a net-gain in terms of biodiversity;

·                Results of a traffic survey carried out showed that there was 1 vehicle every 2 minutes during peak times and speeds were below 30mph;

·                There had been no objection to the site from Hertfordshire County Council or North Herts District Council on grounds of safety;

·                The access was reviewed and amended; no objections had been raised in relation to the new amendment; and

·                The current solution took on board advice from the County and District Council.

 

The following Members asked questions of Ms Newbury and Mr Young:

 

·                Councillor Sue Ngwala; and

·                Councillor David Levett.

 

In response to questions, Ms Newbury advised that:

 

·                The detailed design could be considered in the reserve matters stage in order to assess whether 42 dwellings was appropriate; and

·                There would be only 11 dwellings per hectares which was low in terms of the Council’s guidance.

 

In response to points raised, the Officer provided the following advice:

 

·                Scale was a reserve matter;

·                The housing mix was indicative;

·                The heritage impact was looked at;

·                The County Council were available at the last Committee dealing with the application. However, they were no Officers available this evening; and

·                142 bedrooms was the upper limit.

 

Once the Officer had concluded, the Chair opened the floor to debate.

The following Members took part in the debate:

 

·                Councillor David Levett;

·                Councillor Sue Ngwala;

·                Councillor Ian Mantle;

·                Councillor Mike Rice;

·                Councillor Tony Hunter; and

·                Councillor Michael Muir.

 

It was brought to the attention of the Chair that Councillor Morgan Derbyshire had registered to speak as a Member Advocate on this application (19/00520/OP) at the Planning Control Committee on 12 April 2021. For this reason, he would not be allowed to take part in the debate or vote.

 

The Chair called upon the Legal Advisor to assist in how the issue should be dealt with now that Councillor Derbyshire had already sat in on part of the debate.

 

The Legal Advisor recommended that Councillor Derbyshire exercise his Councillor’s Speaking Right in accordance with 1.3 of Appendix 2 to Section 8 of the Constitution. The Legal Advisor asked Councillor Derbyshire to speak and then move to the public gallery for the duration of the item.

 

Councillor Derbyshire did not vote on the item and after exercising his speaking right, he moved to the public gallery.

 

Points and comments raised in the debate included:

 

·                The total number of bedrooms was 145. This should be 119 bedrooms;

·                There was still harm on the heritage and conservation area despite the ‘less than substantial harm’;

·                The housing mix would have an impact on traffic movements;

·                The access was poor;

·                It was not acceptable to drive through a conservation area;

·                Harm arose from the access; and

·                Residents would not have access to public transport.

 

Councillor Tony Hunter proposed to defer the application until Hertfordshire Highways could attend to respond to questions raised regarding the safe use of the surrounding residential streets. The proposal to defer was seconded by Councillor Terry Tyler.

 

Councillor Michael Muir proposed to refuse planning permission on grounds of highways safety. Councillor Sue Ngwala seconded the proposal to refuse.

 

The Development and Conservation Manager provided some advice on the grounds that the application could be deferred or refused.

 

The Chair asked the proposal to defer be put to the vote.

 

Having been proposed by Councillor Tony Hunter, seconded by Terry Tyler, the deferment was voted upon and:

 

RESOLVED: That application 19/00520/OP be DEFERRED so that Hertfordshire Highways could attend a future committee meeting to answer questions in respect to the impact on the safe use of surrounding residential streets.

 

NB: There was a break at 20.52. The meeting resumed at 21.01.