Agenda and minutes

To note any substitution of Committee Members made in accordance with Council Procedure Rules.

The following substitution of Members had been made in accordance with Council Procedure Rules:

Cllr Alastair Hellyer for Cllr Fiona Thomson

Cllr Craig Stanbury for Cllr Stephen Boulton

Cllr Adrienne Nix for Cllr Frank Marsh

Cllr Tony Kingsbury for Cllr Roger Trigg

Cllr Julie Cragg for Cllr Samuel Kasumu

Cllr Sunny Thusu for Cllr Rebecca Lass.

Apologies for absence were received from Cllrs S Boulton, S Kasumu, R Lass, F Marsh, F Thomson and R Trigg.

To confirm as a correct record the Minutes of the meeting held on 15 June 2023 (previously circulated).

The minutes of the meeting held on 15 June 2023 were approved as a correct record.

The Chair informed Committee that on 19 July 2023, Council approved an updated Constitution. One of the changes related to how Members vote on applications; instead of a proposer and seconder, the Constitution now states that the first vote is on whether or not to accept officer recommendations. If officer recommendations are rejected, the Committee will set out its recommendations for an alternative recommendation. 

There were no items of urgent business.

To note declarations of Members’ disclosable pecuniary interests, non-disclosable pecuniary interests and non-pecuniary interests in respect of items on the Agenda.

Cllr Thusu advised that, in respect of item (88 6/2021/3096/Outline - Land North East of Welwyn Garden City, Panshanger, Welwyn Garden City, AL7 2QJ), he was a Hertfordshire County Councillor who represented the area.

Cllr Kingsbury advised that he was also a Hertfordshire County Councillor.

Cllr Hellyer had previously made comments on Panshanger which he felt could be viewed as pre-determination and stated he would recuse himself for that item.

Cllr Tunstall declared he is borough councillor for Panshanger but did not feel his view was predetermined.

There were no items of urgent business.

Report of the Assistant Director (Planning)

The Assistant Director of Planning addressed Committee and advised that following the receipt of detailed late representations in respect of the Wells Farm application, received only yesterday, officers advised that the application should not be considered at this Development Management Committee and consequently the item was withdrawn from the agenda.  The submissions raised a number of points and included a new Landscape Sensitivity Assessment which had not previously been shared with officers.  Officers considered that additional time was required to consider the ecology information provided with the application in light of the comments. An updated report will be presented to a future meeting of the Development Management Committee.

The Chair proposed and Cllr Hellyer seconded that the application be deferred.

RESOLVED:

(unanimous)

That the application be deferred to a future Development Management Committee meeting.

Report of the Assistant Director (Planning)

Cllr Hellyer excused himself for this item in accordance with his declaration of interest.

The Committee received the report of the Assistant Director, Planning, and a presentation.

The outline proposal is for a residential-led development of up to 210 residential units, with associated infrastructure, landscaping provision of allotments and 12 Gypsy and Traveller pitches with all matters reserved except access. The application was accompanied by an Environmental Statement submitted under the Town and Country Planning Environmental Impact Assessment regulations 2017. The site is located to the north-east of Welwyn Garden City, just beyond the northeastern edge of the settlement of Welwyn Garden City and is positioned directly to the north and east of land which has already received outline planning permission for up to 650 homes, a school, community facilities, a convenience shop, custom and self-build house-building, housing for older people and supporting infrastructure.

The land has formally been used as a general aviation aerodrome but the airfield closed in 2014. Since then, the site has been put forward by the Council for allocation in response to a need for additional housing sites to meet the borough’s housing need. In February 2020, outline permission was granted for up to 650 houses, a primary school, 6 Gypsy and Traveller pitches, a new local centre comprising retail and community uses and other associated works. Amendments to this consent were then approved in June 2022, but the principle of the development remains the same.

The application site is located in the Metropolitan Green Belt and the use of the land for residential development would be classed as inappropriate development in the Green Belt due to failing to meet any of the specified exceptions in the National Planning Policy Framework (NPPF). In addition, the nature of the development would result in a spatial and visual loss of openness of the Green Belt and officers consider the proposal would result in harm to some of the Green Belt purposes by introducing built form into the currently open, undeveloped nature of the site and extending the edge of the settlement beyond its current designation. This identified harm carries substantial weight against the proposal and consequently the benefits and other considerations of the scheme are weighed against the identified harms in the planning balance.

The application site is allocated for development in policy SP 18 and forms part of a larger strategic site. Through the examination process, the Inspector and officers considered the potential for an additional capacity to deliver homes at the land to the north-east of Welwyn Garden City through expanding the original allocation which was for 650 homes; this was underpinned by Green Belt studies undertaken by the Council and an extensive evidence base. Therefore the proposed allocation, as it is now, would provide for up to 870 new residential dwellings with 30% affordable houses, Gypsy and Traveller provision sufficient to accommodate a total of 12 pitches, new community facilities, a convenience shop, primary school, self-build housebuilding and housing for older people,  ...  view the full minutes text for item 85.

Report of the Assistant Director (Planning)

Cllr Hellyer rejoined the meeting.

The Committee received the report of the Assistant Director, Planning. Before a presentation, the Planning Officer provided an update on the part of the report regarding the monitoring fee for Hertfordshire County Council contributions; the sum was not stated in the report and is £340 per trigger point.

The application seeks planning permission for 63 dwellings in Little Heath and was before Committee as North Mymms Parish Council had submitted a major objection, set out in paragraph 9.1 of the report.

The application site is located within the Metropolitan Green Belt to the northern side of Hawkshead Road and adjacent to the northern edge of the town of Potters Bar. The site has an area of approximately 2.9 hectares and is made up of several compartments. It is mainly grassland, but to the south-east corner is a large residential dwelling Videne, with its residential curtilage and associated outbuildings. To the immediate north-west of Videne is a pond feature which is surrounded by trees. The dwelling, outbuildings and curtilage associated with Tanum Farm are to the north-western side of the site.

A significant majority of the application site comprises proposed allocation HS47 (LHe4/5) for 63 dwellings as identified in the January 2023 main modifications to the emerging Local Plan. The remaining part of the site is outside the proposed allocation, but does not extend beyond the proposed amendment to the Green Belt boundary for Little Heath in the emerging Local Plan.

63 dwellings are proposed, comprising 2, 3, 4 and 5 bed houses. 40% of the proposal would be affordable housing. Materials used would respect the character and appearance of the area and would also create visual interest within the site.  The proposed landscaping scheme has been revised and enhanced during the course of the application to address comments raised by the Council's Landscape Consultant. It is considered that the proposed landscaping scheme would provide appropriate mitigation for the impacts caused by the development on landscape, character, and visual amenity.

The proposal would result in a loss of Green Belt openness, and conflict with one of the purposes of including land in the Green Belt. No other harms are identified by the proposal. Due to the harm to the Green Belt, very special circumstances are needed to justify the development. Substantial weight must be attached to any harm to the Green Belt.

Against this harm, the applicant had noted several considerations and benefits. Very substantial weight is afforded to provision of affordable housing. The affordable housing position in WHBC is extremely acute and in a recent allowed appeal for 100 dwellings in Colney Heath the Inspector stated in her decision that the persistent under delivery of affordable housing in this local authority areas presents a critical situation.

The Council cannot demonstrate a 5-year supply of affordable homes and the shortfall in Welwyn Hatfield is considerable and significant. Substantial weight is afforded to the provision of market housing, which would make a positive contribution to  ...  view the full minutes text for item 86.

Report of the Assistant Director (Planning)

The Development Management Services Manager advised that of the four items in the report, no appeals were allowed. Three dismissed appeals related to developments on householder type applications. There was an error on an enforcement notice which was withdrawn and then re-served, and an appeal was very recently submitted.

He advised officers have had a view about vehicle crossovers when a grass verge is in the way, meaning an area of grassland has to be removed to provide access. The first item on the report related to such an issue. The Inspector took the same view as the Council ie that removing grass from the verge has a detrimental impact to the character of an area.  

RESOLVED:

Members noted the content of the report.

Report of the Assistant Director (Planning)

The Development Management Services Manager introduced the report and drew Members’ attention to the speed in which officers determine applications; the Council is significantly exceeding these targets. Enforcement cases continue to increase. Officers have high caseloads, an Assistant Enforcement Officer started their role in March, there is a vacancy for a Development Management Officer, and a Planning Support Officer role is being kept intentionally vacant. 

RESOLVED:

Members noted the content of the report.

Report of the Assistant Director (Planning)

It was noted a former councillor had called in a decision and the call-in still stood as he had been a Member at the time. 

RESOLVED:

Members noted the content of the report.