Decisions

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).

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

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

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.

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.”

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.”

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 comply with Policy T1 of the Local Plan.

Condition 32:

Prior to the first use of the development hereby permitted, arrangement shall be made for surface water from the proposed development to be intercepted and disposed of separately so that it does not discharge onto the highway carriageway.

Reason: To avoid the 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 33:

Notwithstanding the approved plans, a permanent pedestrian/cyclist access shall be provided between approved Plots 7 and 8, and the dwellings approved to be accessed off Stevenage Road. The access shall be a minimum of 2.5m in width and shall be retained in perpetuity. Detailed plans of the access, its location within the development, and adjacent boundary details and hard surfacing, shall be submitted to the Local Planning Authority for approval prior to the first occupation of the dwellings. The approved details shall be completed prior to the first occupation of the affordable dwellings, unless otherwise agreed in writing with the LPA.

Reason: In the interests of maximising physical and social accessibility. To comply with Policy D1 of the Local Plan.”

(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.

There was no other business notified.

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.

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.

The Chair confirmed that the registered speakers were in attendance.

RESOLVED: That application 22/03231/FP be REFUSED planning permission, contrary to the officer recommendation, subject to the following reasons:

(1)   The proposal would be inappropriate development within the Green Belt that would be harmful to its openness.  The Council considers that the benefits of the scheme, including the wider environmental benefits associated with the increased production of renewable energy (pursuant to paragraph 156 of the National Planning Policy Framework December 2023), would not amount to very special circumstances sufficient to outweigh the harm to the Green Belt by reason of inappropriateness and other harm. As such the proposal would be contrary to paragraphs 152 and 153 of the National Planning Policy Framework and Policy SP5 of the North Hertfordshire Local Plan 2011-2031.

(2)   The proposal would result in harm to the rural character and appearance of the application site and the surrounding area with a cumulative impact as a result of other major development in the vicinity. Whilst measures are proposed to mitigate the impact of the proposed development, and the proposal would not be permanent, there would nevertheless be harm over a long period to rural character and appearance of the area, including the visual amenities of users of the local public footpaths. The proposal would therefore conflict with Policies NE2 and NE12 of the North Hertfordshire Local Plan 2011-2031, which seek to avoid unacceptable harm to landscape character and appearance.

The Chair confirmed that the registered speakers were in attendance.

(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 Item 7 would follow Agenda Item 8.

There was no other business notified.

RESOLVED:That the Minutes of the Meeting of the Committee held on 13 June 2024 be approved, as amended, as a true record of the proceedings and be signed by the Chair.

Apologies for absence were received from Councillor Louise Peace.

RESOLVED: That application 23/02719/FP be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager, with the following addition of a new Condition 22, to read:

“Condition 22

Notwithstanding the approved plans, the development shall not include the ‘Electric Fob Entry Gate’ shown on drawing ‘19359 1002A Planning Layout’ (excluding the gate pillars and pedestrian gate).

Reason: In the interests of maximising physical and social accessibility, and character and appearance.  To comply with Policy D1 of the Local Plan.”

RESOLVED: That application 23/02572/S73 be GRANTED subject to the reasons and conditions set out in the report of the Development and Conservation Manager.

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