Agenda and minutes

To confirm as a correct record the Minutes of the meeting held on 10 October 2019 (previously circulated).

The Minutes of the meeting held on 10 October 2019 were approved as a correct record and signed by the Chairman.

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

Councillor S.Boulton declared non-pecuniary interests in items on the Agenda as appropriate by virtue of being a Member of Hertfordshire County Council. Councillor S.Boulton confirmed that he would withdraw for the duration of Item 6 on the Agenda and not take part in the debate or vote.

Councillor J.Boulton declared non-pecuniary interest in Item 6 on the Agenda due to being employed by Network Rail and currently engaged in a transaction with Brett Aggregates Limited. Councillor J.Boulton confirmed that he would withdraw for the duration of the item and not take part in the debate or vote.

Councillor S.Wrenn (Vice-Chairman), chaired the meeting for the duration of Item 6 on the Agenda.

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

Report of the Corporate Director (Public Protection, Planning and Governance) on the establishment of a new quarry on land at the former Hatfield Aerodrome, including a new access onto the A1057, aggregate processing plant, concrete batching plant and other ancillary facilities, together with the importation of inert fill materials for the restoration of the minerals working.

The site lay within the former Hatfield Aerodrome, towards and immediately to the north of the A1057 Hatfield Road/St Albans Road West. The site area was 87.1 hectares and about 78 hectares of this was within Ellenbrook Park (also known as Ellenbrook Fields), an area of grassland and woodland which has been generally accessible to the public since 2010 for informal recreation. About 20 hectares of the mineral application site was within Welwyn Hatfield Borough and majority of the site lay within the St Albans District.

The proposed quarry would operate over a period of approximately 30 years from commencement, including restoration. All vehicular access would be taken from the A1057 at a new access point just east of Notcutts Garden Centre at Smallford. As mineral extraction was being proposed, this application was a county matter, being determined by Hertfordshire County Council (HCC). Full details of the mineral extraction and restoration proposals, and extensive associated correspondence, can be found on Hertfordshire County Council’s website under the application reference at the head of this report.

This application was presented to the Development Management Committee because Councillor Duncan Bell, as a Ward Councillor for Hatfield Villages, had requested this opportunity for Members to consider making further comments to HCC on the application.

Two particular issues were HCC’s proposed ‘decoupling’ of any permission granted for the minerals application from the need to enter into a deed of variation to the original S106, and any further matters in relation to the bromate contamination and its implications for the grant of a minerals permission.

The Planning Referrals Committee of St Albans District Council considered a report on this application at its meeting on 4 November. Any outcome of that meeting would be circulated to Members of the Committee.

Officers announced that there was a minor error in the Officers report. Point 2.7 should read ‘These additional representations are attached at Appendices B, C and D to this report’.

Mr G.Mutch, Brett Group, spoke for the application saying that the Brett Group had met with the Environment Agency and Affinity Water to discuss the site and they were all satisfied, after much research, that the bromate plume would not be disturbed. The site had been reduced in size to sit outside of the bromate plume which was North East of the site. There would be comprehensive monitoring of the contamination and sharing of data. A method of working had been established, to the satisfaction of Affinity Water and the Environment Agency that would mean that the bromate plume would not be affected.

Mr Jackson spoke on behalf of Ellenbrook Area Residents Association as an objector saying that the Residents  ...  view the full minutes text for item 64.

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

Report of the Corporate Director (Public Protection, Planning and Governance) on the erection of a five-storey community bridge building (1,257M2) for flexible use (B1/D1/D2 use classes) incorporating a minimum of 338 square metres of D2 use class floor space and the removal of the skate park.

The site lay within the Wheat Quarter redevelopment site, in Welwyn Garden City. The strategic site occupied a central position, to the east of the main railway line bounded by Broadwater Road, Bridge Road and Hyde Way and land adjoining the railway. 

The site was adjacent to the raised pedestrian footbridge which provided access to Welwyn Garden City train station, beyond to Howard Centre shopping mall and then serving as a gateway to the town centre. 

The site was currently accessed from Bridge Road, or via a pedestrian access off of Hydeway.

The area of land, which the proposed development would be located, had planning permission (6/2018/0171/MAJ) for the erection of a two storey building for the use of a train operating company (TOC) and the development of a skate park.

The TOC building would deliver 360m2 of B1 use floor space, designed to align with the quantum of space required by Network Rail. The skate park would deliver 338m2 of informal play provision, which falls under a class D2 use.

This application was presented to the Development Management Committee because it has been called in by Councillor Cowan on the grounds that the skate park was promised to the public from the inception of the project, indeed was a part of the Spenhill application, and to remove it at this late stage would be a major breach of faith with the public who had long looked forward to a purpose-built skate park in the town.

Officers announced that there were two minor errors in the report:-

Point 9.16 should be condition 52 not condition 47 and point 9.36 should read ‘In addition to this a mural is proposed on the western elevation’ not the eastern elevation.

Mr J Waterhouse, agent, spoke for the application saying that the new application was ideally suited to the site and was a big improvement. It would provide indoor D2 floor space which could be used for extended hours, especially in the Winter. This new space would create active, engaging and a more impressive entry to the site.

Councillor M.Cowan spoke against the application, saying that he objected to the loss of the skate park which was an enduring activity not provided for in Welwyn Garden City. The skate park at King George V Playing Fields was considered dangerous by skateboarders. Skateboarding was healthy and popular and now an Olympic sport. Councillor M.Cowan said that there were no details in the application about what activities would be available in the D2 space.

Members wanted it noted that they did not want planning applications to be re-submitted with previously approved areas within the application removed or changed.

With two consecutive votes, Officers attempted to determine the application  ...  view the full minutes text for item 65.

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

Report of the Corporate Director (Public Protection, Planning and Governance) on the erection of ancillary outbuilding.

The application site was situated to the north west of the borough, in the countryside outside of any specific settlement and within the Metropolitan Green Belt.

The site comprised a two storey detached dwelling, situated centrally on the triangular shaped plot, which was approximately 0.4596 ha. To the east of the dwelling was a detached triple garage and to the north was a separate dwelling, which had separate vehicular access and fell within the ownership of the applicants.

Planning permission was sought for the erection of an ancillary outbuilding which measured approximately 3.8 metres in depth, 10 metres in width, 2.8 metres to the eaves and 3.5 metres to the height of a glazed roof lantern which stretches along the length of the roof. The development would be finished with shiplap timber and a felt roof, on top of an engineering brick base.  The front elevation would feature timber glazed doors and a central timber door.  An obscured glazed window would be installed within the rear elevation, serving a WC.

This application was presented to the Development Management Committee because Councillor Kingsbury has called-in the application for the following reason:

“I would like to call in this application if the officer is minded to refuse it, as I think the application should be re-represented to DMC given the comments made by the chair at the previous DMC and the issue about weight to be given to Policy SADM34.”

Officers announced that there was an error in the Officers report and the percentage at point 8.19, should read 138% not 156.36%.

Mr F.Cordwell, agent, spoke for the application saying that that it would be an ancillary building for homeworking. The applicant had sought to address the comments on the previous application that was refused planning permission. The application was not for an extension but for a building some 22 metres from the house. The building that had originally been there had been destroyed by Storm Doris in 21017.

Councillor T.Kingsbury, Leader of Welwyn Hatfield Borough Council, spoke for the application saying that the building was to replace an earlier building that had been destroyed and felt that it should be treated the same way as a building destroyed by a fire. There had been no objections raised by the neighbours. The building was to be used to enable the owner to work from home thus enabling her to provide care and support to her ailing mother, currently in Lister Hospital. The community benefit should not be underestimated. There would be a good screen of trees surrounding the building.

Following discussion, it was proposed and seconded by Councillors P.Shah and J.Broach and

RESOLVED:

(8 voting for, 2 against and 3 abstaining)

That planning permission be REFUSED subject to the reasons as set out in report.

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

Report of the Corporate Director (Public Protection, Planning and Governance) on the erection of 1 x machinery store and 1 x hay barn following demolition of existing Dutch barn.

The application site comprised part of Nyn Manor, was located on the western side of Vineyards Road, at the point known as Handpost Hill.  The site was accessed by a long drive between frontage properties at Manor Cottage and Nyn Manor Farm Cottage.

The red line area of the application site enclosed the access drive from Handpost Hill, the main house, its annexe, farmyard including several associated buildings, a ménage and portion of a field to the southern side of the yard.  The blue line area covered the wider farm holding which extended to approximately 44 hectares (109 acres).

Nyn Manor Farmhouse, the stable on the south side of the farmyard and the barn and wall on the east side of the farmyard were all Grade II listed buildings.

This application was presented to the Development Management Committee as Northaw & Cuffley Parish Council had submitted a major objection.

They state:

‘The results of this development would result in harm to the settings of the listed buildings.  We are not aware that an ecological survey has been carried out’.

Following discussion, it was proposed and seconded by Councillors S.Kasumu and P.Hebden and

RESOLVED:

(unanimous)

That planning permission be APPROVED subject to the conditions as set out in report.

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

This item had been withdrawn as the Call In from Hatfield Town Council had been removed.

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

Report of the Corporate Director (Public Protection, Planning and Governance) detailing recent appeal decisions for the period 18 September to 23 October 2019.

RESOLVED:

That appeal decisions during the period 18 September to 23 October 2019 be noted.

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

Report of the Corporate Director (Public Protection, Planning and Governance) providing the Committee with a summary of planning applications that might be presented over the next one or two months.  Members noted that if the call-in or application was withdrawn, the item would not be presented to the Committee.

RESOLVED:

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

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

Report of the Corporate Director (Public Protection, Planning and Governance) on the performance of the Development Management service for Quarter Three of 2019/20.

RESOLVED:

That the Development Management service performance in Quarter Three of 2019/20 be noted.