Agenda and minutes

To note any substitution of Members made in accordance with Council Procedure Rules 19-22.

The following substitutions of Committee Members had been made in accordance with Council Procedure Rules 19-22:

Councillor B.Fitzsimon in place of Councillor C.Gillet

Councillor J.Cragg in place of Councillor D.Bennett

Apologies for absence were received from Councillors D.Bennett and C.Gillet.

To confirm as a correct record the Minutes of the meeting held on 2 February 2017 (previously circulated).

The Minutes of the meeting held on 2 February 2017 were approved as a correct record and signed by the Chairman.

The Chairman advised that item 7, 45 Northaw Road East, Cuffley, Potters Bar, EN6 4LU - 6/2016/1855/VAR, had been removed from the Agenda and would now be considered at the meeting on 30 March 2017.

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

Councillor P.Zukowskyj declared non-pecuniary interests in items on the agenda as appropriate by virtue of being a Member of Hertfordshire County Council.

Councillor H.Morgan declared a non-pecuniary interest in items on the agenda as appropriate by virtue of being a Member of Hatfield Town Council.

Councillor S.Boulton declared a non-pecuniary interest in item 6 on the Agenda - 11 Brookmans Avenue, Brookmans Park, Hatfield, AL9 7QH - 6/2016/1778/FULL by virtue of being a Member of North Mymms Parish Council.

Report of the Executive Director (Public Protection, Planning and Governance).

Report of the Executive Director (Public Protection, Planning and Governance) setting out the application for the erection of replacement building containing five flats with forecourt parking following demolition of existing house.

The application site was situated on the north side of Brookmans Avenue and consisted of a detached two storey dwelling with pitched roof and an attached garage and front and rear gardens.  The adjoining properties were detached houses.  The surrounding area was residential in character and appearance comprising predominantly of very substantial detached houses of varying designs.  Properties had long frontages and were set back from the carriageway by a generous verge.  The western end of the avenue terminated at Bradmore Green, where a small but diverse shopping centre enclosed a well-tended public realm open space.  Slightly further to the west was the Brookmans Park railway station.

Reason for Committee Consideration

The application had been presented to the Development Management Committee because the North Mymms Parish Council had raised objection to the scheme.

A ‘Call In’ had been made by Cllr Boulton on grounds that increasing the number of flats to five reinforced the Council's previous objections and the non-gateway position on the development was unacceptable.

Relevant Planning History

Planning application ref. S6/2014/2242/FP for the demolition of existing dwellinghouse and erection of new building comprising three three bedroom flats was refused in October 2014.  However, the application was subsequently allowed on appeal in January 2016. 

In summary the Planning Inspector stated among other things that she agreed with the Council that “Brookmans Avenue is a distinctive street scene and that properties appear to be predominantly dwellings with single households.  I also appreciate that the nearby Bradmore Green, with what appears to be flatted development above the shops, has a different character and context compared with Brookmans Avenue.  However, the flats proposed in this instance would be spacious and well-appointed, and located within a building which would be compatible with the street scene and with a large rear garden.  Consequently, I consider the modest increase from one to three households on what is a very generous plot, would not be to the material detriment of local character.”  She stated further that “although I do not consider the development would enhance the area architecturally, neither would it cause significant harm.  There is no reference in Policy D2 to types of occupancy, or guidance in respect of the form or pattern of development, other than in terms of overall design and harmonisation.  Consequently, I find no conflict with Policy D2.”  And that the development would be compatible with the character of Brookmans Park, and therefore there would be no conflict with Policy GBSP2.  Accordingly, the principle of a flatted residential development on the application site had been established by this appeal decision and can no longer be a reason for refusing similar planning applications.

(Details of the Planning Inspector’s decision was set out at paragraph 4.2 of the report of Officers).

The approved flatted development had a footprint of approximately  ...  view the full minutes text for item 135.

Report of the Executive Director (Public Protection, Planning and Governance).

This item had been removed from the agenda.

Report of the Executive Director (Public Protection, Planning and Governance).

Report of the Executive Director (Public Protection, Planning and Governance) setting out an application for the change of use from amenity land to residential land.

Site Description

The site at 291 Knightsfield comprised of a two storey detached dwellinghouse located to the south of Knightsfield which was within the settlement of Welwyn Garden City.  The surrounding area was residential in character characterised by residential gardens to the north and west and open space to the south.

The property itself was within a plot with a deep frontage partly enclosed by a front hedge which was indicative of many of the properties in this part of Knightsfield.  A double garage was situated to the south of the front forecourt of the property. The property had a rear garden, an area of approximately 87 sqm.

To the south east of 291 Knightsfield was a strip of amenity land measuring at a width of approximately 14m, a depth of approximately 39m with an area of approximately 546 sqm.  This strip of amenity land adjoined a designated area of Urban Open Land (UOL number 45 on the proposals map) to the south east of the site.  The rear of the strip of amenity land backed onto residential gardens in The Firs. 

The Proposal

Planning permission was sought for the change of use of part of the strip of amenity land (owned by Welwyn Hatfield Borough Council) to residential amenity land in connection with the residential property at 291 Knightsfield. It would be incorporated as part of the rear garden of the property.

The amenity land subject to the application measured at a width of 14m and a depth of 18m.  The proposal was to erect a 1.8m high chain link fence on the three sides not adjoining the existing property and grow a mixed species hedge around the outside of the fence to conceal the chain link fence behind.  The proposed hedge would align with the back of the house.  The existing hedge on the south east and south west side would remain, with the existing hedge that currently acted as a boundary between the rear garden of 291 Knightsfield and the amenity land being removed.

The application followed a previous application at the site for a similar proposal which was refused planning permission for the following reason:

“The proposed change of use of the land to residential garden land is considered harmful to the character of the surrounding area resulting in a loss of openness which contributes to the spacious character and appearance of the surrounding area and the setting of the adjoining area of urban Open Land.  The proposed use of materials and the enclosing of the site would reduce the open space around the avenue, harming the setting, and significance, of this heritage asset which is contrary to policy GBSP2, D1, D2 and R28 of the Welwyn Hatfield District Plan 2005 contrary to the aims of Paragraphs 132 and 133 of the National Planning Policy Framework.”  ...  view the full minutes text for item 137.

Report of the Executive Director (Public Protection, Planning and Governance).

The report of the Executive Director detailed recent appeal decisions for the period 12 January 2017 to 9 February 2017.

            RESOLVED:

That the appeal decisions during the period set out in the report of the Executive Director be noted.

Report of the Executive Director (Public Protection, Planning and Governance).

The report of the Executive Director providing Members with a summary of planning applications that might be presented to Committee over the next one or two months.  If the call-in or application was withdrawn, the item would not be presented.

RESOLVED:

That future planning applications which might be considered by the Committee be noted.

Report of the Executive Director (Public Protection, Planning and Governance).

The report of the Executive Director provided Members of the performance of the Development Management Service over the third quarter of 2016/17.

RESOLVED:

That the report on the performance of the Development Management Services over the third quarter 2016/17 be noted.

Report of the Executive Director (Public Protection, Planning and Governance).

The report of the Executive Director (Public Protection, Planning and Governance) setting out the Annual Monitoring Report (AMR).

            RESOLVED:

That the Local Plan – Annual Monitoring Report which was presented to Cabinet Housing and Planning Panel on 12 January 2017 and was subsequently approved by Cabinet be noted.

The Committee is asked to resolve:

That under Section 100(A)(2) and (4) of the Local Government Act 1972, the press and public be now excluded from the meeting for item 15 and 16 (if any) on the grounds that they involves the likely disclosure of confidential or exempt information as defined in Section 100(A)(3) and Paragraphs 2 (Information likely to reveal the identity of an individual), and 6 (Statutory notice or order)  of Part 1 of Schedule 12A of the said Act (as amended).

In resolving to exclude the public in respect of the exempt information, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

PART II

RESOLVED:

That under Section 100(A)(2) and (4) of the Local Government Act 1972, the press and public be now excluded from the meeting for item 15 (Minute 142 refers) on the grounds that it involves the likely disclosure of confidential or exempt information as defined in Section 100A(3) and Paragraphs 2 (Information likely to reveal the identity of an individual), and 6 (Statutory notice or order) of Part 1 of Schedule 12A of the said Act (as amended).

In resolving to exclude the public in respect of the exempt information, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Exempt report of the Executive Director (Public Protection, Planning and Governance).

The exempt report of the Executive Director provided the Committee with an update of ongoing planning enforcement cases.

RESOLVED:

That the report which provided an update of the ongoing planning enforcement cases be noted.