Agenda and minutes

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

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

Councillor D. Jones for Councillor J.P. Skoczylas.

Apologies of absence were received from Councillors J.P Skoczylas.

To confirm as a correct record the Minutes of the meeting held on 28 July 2022 (previously circulated).

The minutes of the meeting held on 28 July 2022 were approved as a correct record.

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning) on the outline application for the erection of two detached dwellings (Bungalow Design) with all matters reserved.

This application was presented to DMC because North Mymms Parish Council submitted a Major Objection.

The application site comprises a piece of land sited within the Green Belt. Regard is had to the appeal of 6/2021/0237/OUTLINE for one dwelling which was deemed appropriate development within the Metropolitan Green Belt. Whilst this current application proposes two dwellings, the Inspector’s assessment is very relevant.

The application is assessed again exception e) of Paragraph 149 of the NPPF which allows for limited infilling in villages. The proposal falls within the definition of ‘limited’, as it involves the erection of two dwellings.

Bell Bar has been found to be a village by the Inspector. The Inspector also states that ‘the proposed dwelling would be located within a continuous built-up frontage, which would be contained within the village envelope and not extend the built form into open countryside and would not result in the loss of a view or vista which makes a significant contribution to the character of the settlement.’ This is the case for this application.

The proposed development constitutes limited infilling as set out within Paragraph 149 e) of the NPPF and thus is not inappropriate development in the Green Belt.

The application is for outline permission for all matters reserved, therefore all other considerations would be addressed under a reserved matters application in the event of the application being recommended for approval.

Officers summarised that there is no conflict with any current or emerging policies or national policy and therefore the application is recommended for approval, subject to conditions.

A discussion followed with a summary of the main points raised shown below:

Members asked if the planning application includes sufficient access, as this appears to lie outside of the applicant’s boundary. Officers said that as this is an outline permission all matters are reserved apart from the location, and therefore the application can still be granted. The Legal Advisor confirmed planning permission can be granted in these circumstances.

This development falls between section e (limited infilling) so is an appropriate development within the green belt. It also provides two dwellings which helps towards our housing targets. There is no five-year housing land supply which is a material consideration, and this would help towards those numbers.

Following discussion, it was proposed by Councillor N. Pace and seconded by Councillor R. Trigg to approve the application.

RESOLVED:

(13 in favour - unanimous)

That planning permission be approved subject to the conditions in the report.

Withdrawn from the agenda.

This item was withdrawn from the agenda.

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning) on the change of use from a residential dwelling (use class C3(A)) to a residential care home to accommodate 3 x children (use Class C2).

This application was presented to DMC because Hatfield Town Council submitted a Major Objection, and it was called-in by Councillor P. Zukowskyj.

The site is located within the cul-de-sac of Strawberry Field and is occupied by a two-storey detached dwelling. The property would become a long-term home, providing 24-hour care, for up to three vulnerable children (ages 8-16). There will be seven full time staff and two part time staff. None of the staff will reside at the property, but one staff member will stay over-night.

This application follows a similar development at a different address in Hatfield which was approved at DMC in July 2022.

Six objections have been received. The main concerns related to restrictive covenants, the use of the property and the staff. No objections were received from statutory consultees.

No external changes are proposed. In terms of intensification of use, the number of bedrooms would not increase, and the number of future occupiers would not be materially different to the continued use as a four-bed dwelling. The applicants supporting statement explains that the proposed children’s home would in many ways be like a family home.

All bedrooms meet the National Technical Housing Standard and the property benefits from a garden to the rear.

With the three children to be cared for by three carers at any one time, the three off-street parking spaces are considered suitable. Concerns have been raised regarding increased visitors parking associated with the proposed use. The use will remain residential and with any residential use, there would be the potential for visitors to visit the property.

With the site still being in residential use, there would be no change to the existing waste storage and collection from that of the existing C3 residential use.

Officers summarised that there is no conflict with any current or emerging policies or national policy and therefore the application is recommended for approval, subject to conditions.

John McDougall, Objector, spoke on behalf of neighbours in Strawberry Field and stated:

Residents believe 2 Mulberry Meads has been cited as a precedent and consider this an oversimplification. The Mulberry Meads children were aged 9-18, vulnerable and were to be taken into care due to family breakdown, whereas the Strawberry Field application is for three children aged 8-16 with learning difficulties and probably more specialist needs. Although children’s services have not objected, they have made it clear that any facility must meet stringent standards. National minimum standards for children’s care homes require there to be rooms in which children can meet privately with visitors, and space for play and recreation. Residents are concerned about the credentials for the applicant to deliver the care and facilities required. Since the objective is to establish a care home in the community there has been no approach from any officers from Light Shine  ...  view the full minutes text for item 26.

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning) on the erection of a 5-bedroom detached dwelling.

The proposal is for a two-storey detached dwelling on Church Lane in the Village of Northaw. The site is in the Green Belt, an Area of Archaeological Significance and a Landscape Character Area.

The application site is a vacant piece of land which was formerly part of 22 Church Lane. There have been two applications in this location in the last couple of years, one which was withdrawn and another which was refused. The site address for the previous applications was described as 22 Church Lane as the applicant owned all the land associated with that property. However, the plot has since been subdivided and the site which this application relates to is being referred to as 22A Church Lane instead.

The last application was refused due to insufficient information being provided regarding the vehicular access to the property. The Highway Authority objected as the detail which had been submitted was not detailed enough to allow them to fully consider matters relating to visibility and highway safety. This application therefore seeks to overcome these concerns. Northaw and Cuffley Parish Council have submitted a major objection on the grounds that they are concerned about access arrangements for emergency, refuse and delivery vehicles.

In terms of the principle of the development, the site would fall under the bracket of limited infilling in a Village in the Green Belt under exception 149(e) of the NPPF. This is by virtue of it being for a single dwelling, being in a continuous built-up frontage which would continue the building lines on the road, because it would not extend into the open countryside as it would be sited on former residential land, and because it would not impact on any important views or vistas in the settlement. It is acknowledged that the dwelling would be located some distance from other settlements where other facilities and services are located. However, it would make effective and efficient use of former residential land in an established residential area. The applicant has sought to incorporate additional measures to improve the sustainability credentials of the dwelling, such as a fabric first approach and EV charging points/cycle storage facilities. These matters can be secured by condition.

The surrounding area is residential in character but there are a wide variety of styles and plot sizes on Church Lane. The site which the land formerly belonged to is one of the largest on the road, so its subdivision is not detrimental to the character of the area in this regard. The new plot size would be comparable to others nearby.

The design would comprise of a two-storey detached dwelling with habitable accommodation in the roof space. It would have a simple pitched roof and two gable ends, as well as a front porch. This design is reflective of a similar style of dwelling elsewhere on the road.

In terms of spacing, the dwelling would maintain a 1m separation distance from  ...  view the full minutes text for item 27.

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning) on the demolition of existing buildings and erection of 14 dwellings.

This application is presented to DMC because Northaw and Cuffley Parish Council submitted a Major objection.

The application site is located south of Cuffley, outside of the settlement boundary and within the Metropolitan Green Belt.  The application site forms part of a larger parcel of land, known as HS30, which was proposed for allocation in the emerging Local Plan submission in 2016.  Its release from the Green Belt is considered to constitute high harm.  For that reason, in late 2020 the Council, in response to submitting additional sites to the Examination sought to remove the proposed allocation from the draft Local Plan.

Since the publication of the officer’s report, the Local Plan Inspector has responded to the strategy put forward following a decision of full Council in July.  The Inspector is supportive of a plan that seeks to provide a ten-year post adoption supply that is linked to a commitment to a review of the Local Plan within 5 years.  He has set out the requirement to meet the first ten years.  To meet the requirement, he considers it is necessary for the plan to include sites submitted that have been found sound and are not in the supply put forward following the decision of full Council in July.  This includes site HS30, a much larger parcel of land than the current application.  The Council is to consider its next steps following the receipt of the Inspectors response.  Notwithstanding the Inspector’s response, HS30 is not within the strategy agreed by full Council in July.  Also, as stated in the officer’s report the release from the Green Belt and allocation of development of HS30 as part of the Local Plan relates to a much larger parcel of land compared to the current application.  Members are advised that in relation to the Green Belt assessment and the planning balance in this case, no positive weight should be afforded to the proposed allocation of HS30.

Turning to the application before Members this evening, and the principle of development, District Plan Policy R1 states that in order to make the best use of land in the district, the Council will require development to take place on land which has been previously used or developed.  These objectives are consistent with the NPPF which supports the development of under-utilised land and buildings (Para.120). 

Notwithstanding this, as Members will be aware, a local planning authority should regard the construction of new buildings as inappropriate in the Green Belt, unless one of the limited exceptions apply.  Exception g) in relevant to applications involving redevelopment of Previously Developed Land which I will refer to as PDL going forward.  An application involving PDL must:

(a) not have a greater impact on the openness of the Green Belt than the existing development; or

(b) not cause substantial harm to the openness of the Green Belt, where the development would re-use PDL and contribute to  ...  view the full minutes text for item 28.

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning) providing the Committee with a summary of planning applications that may be presented to DMC in future.

RESOLVED:

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

Meeting ended at 21:37pm

CF