Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Outline planning permission for up to 70 residential dwellings (including 40% affordable housing), new village gateway, new retail outlet/village facility, planting, landscaping, informal public open space, children's play area and sustainable drainage system (SuDS). All matters reserved with the exception of access.

RESOLVED:  That application 17/01781/1 be REFUSED outline planning permission for the reasons set out in the report of the Development and Conservation Manager, and for the following additional reasons:

4.       The Flood Risk Assessment carried out by MLM Consulting ref. 618538-MLM-ZZ-XX-RP-C-000 Rev 3, dated 27 September 2017, does not provide a suitable basis for an assessment to be made of the flood risks arising from the proposed development as it does not demonstrate a feasible discharge location.

5.       In the opinion of the Local Planning Authority the proposed development would harm the character and appearance of the nearby village of Great Offley and rural area beyond by reason of over development of the site and poor layout in relation to the character and layout of the village. The proposal therefore conflicts with Policy 57 of the North Hertfordshire District Local Plan No. 2 - with Alterations and paragraph 64 of the National Planning Policy Framework (NPPF).

Outline planning permission for up to 70 residential dwellings (including 40% affordable housing), new village gateway, new retail outlet/village facility, planting, landscaping, informal public open space, children's play area and sustainable drainage system (SuDS). All matters reserved with the exception of access.

The Development and Conservation Manager presented a report, supported by a visual presentation consisting of plans, drawings and photographs of the site.

The Development and Conservation Manager advised that comments had been received from the Local Lead Flood Authority maintaining their objection to the application and recommending the following additional reason for refusal (No. 4):

“The Flood Risk Assessment carried out by MLM Consulting ref. 618538-MLM-ZZ-XX-RP-C-000 Rev 3, dated 27 September 2017, does not provide a suitable basis for an assessment to be made of the flood risks arising from the proposed development as it does not demonstrate a feasible discharge location.”

The Development and Conservation Manager referred Members to Paragraph 4.4.1 of the report, and explained that the applicant had already lodged an appeal against non-determination of the application within the statutory time period.  However, as the Local Planning Authority had not received confirmation from the Planning Inspectorate that the  appeal had been registered, the Committee was able to make a decision on the application.

The Development and Conservation Manager reported that there was a potential changing policy context in relation to the application site.  Under the saved policies of the current Local Plan, the site was located in the Rural Area Beyond the Green Belt, and therefore the application was contrary to saved Policy 6 of that Plan.  The submission Local Plan sought to change the designation of the site to Green Belt.  This proposal to expand the Green belt could only be given limited weight, as the Local Plan Examination had not been completed, and until this was supported by the Examination Inspector and the Plan was subsequently adopted by the Council, the site would not become Green Belt.

The Development and Conservation Manager explained that the Local Planning Authority may therefore need to revise its position on this application at any future appeal depending on the outcome of the Local Plan Examination.  These factors were outside of the Council’s control, and so he could only offer Members his views and conclusions based on the existing policy position.  Accordingly, his recommendation for refusal reflected that position.

Mrs Patricia Cowley (Offley Residents Action Committee) addressed the Committee in objection to application 17/01781/1.

Mrs Cowley advised that the application was seen by the residents of Offley as a purely speculative application, especially as the applicant carried out no public consultation with either Offley Parish Council or the people of Offley.  The applicant and their agents had ample opportunity to bring this site forward for potential allocation as a site for development when the Council was asking landowners to do so as part of the Local Plan process.

Mrs Cowley stated that Offley had recently experienced a large development of 63 houses and flats (Garden Fields), and the granting of the current application would result in the further urbanisation of Offley, thereby eroding the whole concept of it being a village.  This appeared to be happening in other areas of North Hertfordshire and in Central Bedfordshire.

Mrs Cowley referred to the negative comments on the application made by a number of consultees.  The applicant had been silent on any matters to be covered by any potential planning obligation.  A new retail outlet/shop formed part of the application, but the village already had a shop and post office, two pubs, a restaurant, Offley Place Hotel, a hairdresser, a recreation centre and a thriving village hall.

Mrs Cowley acknowledged that the site would provide some affordable housing (28 units), but there was no guarantee that anyone needing a house in Offley would be in line to rent nor purchase any of the new properties, as the cheapest home would be likely to be in the region of £300,000.The recent Garden Fields development saw the construction of expensive 4 and 5 bedroom houses, unlikely to meet the needs of any young Offley residents.

Mrs Cowley commented that there were few employment opportunities in Offley, which meant that the new residents would be driving in and out off Offley for employment and many other services.  This would exacerbate the traffic situation in and around Lilley, Luton and Hitchin.

Mrs Cowley concluded by stating that the application was unwelcome, superfluous to needs and purely speculative.  She asked the Committee to refuse the application.

The Chairman thanked Mrs Cowley for her presentation.

Councillor Claire Strong (Member Advocate) addressed the Committee in respect of application 17/01982/1.

Councillor Strong advised that the site was outside of the village, the proposed development was large, and its size would be very detrimental to the village.  She asked Members to consider the addition of a further reason for refusal, namely given the size of the proposals, the development would have a detrimental impact on the village and its amenities and would be deemed as overdevelopment.

Councillor Strong reminded Members that the application site was not one of those allocated in the Local Plan.  Offley had one site identified, which had been developed very early in the process, namely the Garden Fields development referred to earlier.  This site was located in the middle of the village and was seen as infill.  However, it had impacted on the village in some respects.  Over the years there had been a number of smaller developments in Offley on small plots of land, and there were still a number of similar plots in the village.

Councillor Strong commented that a well-attended public meeting held in the village to discuss the application had formulated a strongly expressed view to object to the proposals.  The Council was awaiting for the Planning Inspector to make his decision on the Local Plan and she very much hoped that the Inspector would determine that the Plan was sound and therefore that there would be no need to look at alternative sites, such as the site of this application.  She also hoped that the land would be re-designated as Green Belt.  She asked Members to refuse planning permission.

The Chairman thanked Councillor Strong for her presentation.

The Planning and Conservation Manager was supportive to the suggestion made by one of the speakers regarding a further additional (fifth) reason for refusal in respect of overdevelopment of the site.

The Committee was mindful that the site had not been allocated in the emerging Local Plan and, moreover, was likely to be given further protection through the Local Plan Examination process, should the Planning Inspector be supportive of the proposal to re-designate the site as part of the Green Belt.  The lack of a valid Section 106 obligation accompanying the application was also of concern to the Committee, particularly with regard to affordable housing, the proposed shop/retail outlet and re-location of the relocated allotments which it was currently proposed would occupy part of the site.

The Committee considered that development of the site was unsustainable.  The proposed affordable housing element would not be affordable for most young people/families in the area, as was evidenced by the prices of the affordable houses on the nearby Garden Fields development.  The application was unwanted and unnecessary and would adversely affect the ethos of Offley as a village.

The Committee was supportive of the recommendation to refuse planning permission, inclusive of the additional fourth and fifth reasons for refusal.  Following a vote, it was therefore

RESOLVED:  That application 17/01781/1 be REFUSED outline planning permission for the reasons set out in the report of the Development and Conservation Manager, and for the following additional reasons:

4.       The Flood Risk Assessment carried out by MLM Consulting ref. 618538-MLM-ZZ-XX-RP-C-000 Rev 3, dated 27 September 2017, does not provide a suitable basis for an assessment to be made of the flood risks arising from the proposed development as it does not demonstrate a feasible discharge location.

5.       In the opinion of the Local Planning Authority the proposed development would harm the character and appearance of the nearby village of Great Offley and rural area beyond by reason of over development of the site and poor layout in relation to the character and layout of the village. The proposal therefore conflicts with Policy 57 of the North Hertfordshire District Local Plan No. 2 - with Alterations and paragraph 64 of the National Planning Policy Framework (NPPF).