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 Sunny Thusu for Councillor Nick Pace.

Councillor Teresa Travell for Councillor Caron Juggins.

Apologies of absence were received from Councillors Nick Pace and Caron Juggins.

To confirm as a correct record the Minutes of the meeting held on 29 September 2022 (previously circulated).

The minutes of the meeting held on 29 September 2022 were approved as a correct record.

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

Councillor T. Travell declared a non-pecuniary interest in Item 7 of the agenda as the Parish Council have made representations. Legal advice is that the Council didn’t attend the Parish Council meeting in question and haven’t expressed a view on the application. Therefore, provided Cllr T. Travell is happy then she can consider the application with an open mind and there is no requirement under the constitution to exempt her from this item. Cllr T. Travell confirmed that she is attending this with an open mind.

Councillor S. Thusu declared a non-pecuniary interest in items on the agenda as appropriate by virtue of being a Member of Hertfordshire County Council.

Report of the Assistant Director (Planning).

Following concerns that were expressed after the previous development management committee meeting regarding the level and consistency of member engagement in the item, and after officer review and legal advice, officers have recommended that the item is reconsidered by members of the committee, with an open mind, in order to ensure that any decision is ultimately defensible to challenge. Any member who feels unable to consider the matter afresh was asked to excuse themselves for this item.

RESOLVED:

(13 in favour, unanimous)

That the previous resolution be rescinded, and the application be reconsidered afresh by the Committee today.

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.

Officers shared images to help show the site and the proposed development within the surrounding context. The site is located to the south of Cuffley outside the settlement boundary and within the Green Belt.

The Committee report includes a thorough assessment of the planning history for each building at paragraphs 11.5 to 11.18. Officers have looked in detail at the evidence, and at the site itself, and concluded that none of the buildings remain in agricultural use and the site comprises previously developed land.

The submitted Design and Access Statement, demonstrates the scale and massing of the development. The proposal would replace buildings that have a large individual footprint with much narrower, proportioned buildings which helps to break down the scale and more closely replicate the linear barn aesthetic of traditional farmsteads. The proposed scheme demonstrates well-considered layouts and reflects rural typology. There is a formal Manor House at the centre of the site presenting a central focus to the development.

In terms of the visual impact, views of the development from publicly accessible vantage points would be predominantly partial and glimpsed, this is because the site is situated close to the bottom of a steep valley and is well screened by landform, existing mature trees, and hedgerows. The only clear view of the site from a public right of way is directly opposite the site entrance, although this is a short glimpse view and the site is set well back from the road, with the principal building visible being the existing cottage lying just outside the development boundary.

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.  HS30, together with several other parcels of land were combined for assessment, and cumulatively, their release from the Green Belt was 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  ...  view the full minutes text for item 27.

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning) for the subdividing of the existing plot, demolishing part of the existing property and erecting two semi-detached houses with associated parking and access.

Legal confirmed Councillor Teresa Travell could express a view on the proposal and vote despite being a parish councillor as she did not attend the meeting itself, as long as she approached the application with an open mind.

North Mymms Parish Council have objected on the grounds that the application is inappropriate development in the Green Belt and no very special circumstances (VSC) have been presented, it is not a gap site, it has a constrained access on a bend, it would have insufficient parking, it would not match the design of the existing house with front dormers or be subordinate to the existing property and the previous approval is not material as each application should be judged on its own merits. Objections have also been received from 3 neighbouring properties.

The existing property is a two-storey detached residential dwelling with single storey extensions to the side. The site currently benefits from outbuildings and a partially demolished open air swimming pool.

In 2019, planning permission was granted for the demolition of the existing house and the erection of 2 new detached houses with habitable space in the roof. This would have resulted in a net gain of one new house. The new dwellings were considered to be limited infilling development in the Green Belt. An application was then submitted earlier this year for extensions to the existing property including a part two storey, part single storey side extension, and the erection of 2 new semi-detached dwellings. The new dwellings under the refused application were still considered to be infill development. However, the application was refused for 3 reasons: the extensions to the existing house being inappropriate in the Green Belt due to being disproportionate, the design being unacceptable (largely by virtue of the flat roof first floor extension and single storey extension) and inadequate information about highway safety.

The site is a triangular shaped piece of land which is irregular in shape in comparison to the surrounding plots which are more linear in nature. The new dwellings would be sited closer to the dwelling at No.43 Hawkshead Lane which is set back from the road. The new houses are considered to be limited infilling development in the Green Belt, which is consistent with the previous approval. One additional house would be provided compared to the consented scheme.

Part of the existing building would be demolished to make way for the new development. The combined footprint of the two approved dwellings and detached garages under application 6/2019/0844/FULL equated to approximately 355.6m². The proposed site plan for this application has been measured and the total footprint equates to approximately 358m². There is therefore a minimal increase in the size of the footprint compared to the application previously approved for two dwellings.

The proposed design of the semi-detached pair would be of a similar  ...  view the full minutes text for item 28.

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning) on the erection of 37 dwellings following the demolition of the existing dwelling on the site.

This application is presented to the Development Management Committee because this is a ‘Major’ application located in the Green Belt and the recommendation is for approval.

The application site currently comprises a large garden serving a single detached dwelling opposite a petrol filling station and is located on the eastern side of Bypass Road between Bypass road and the A1 northbound.  The site itself is currently well screened by mature planting along each road frontage and therefore despite its edge of settlement position it does not have a clear countryside character.

On the north side of the site, there is an established residential development of houses and flats up to four storeys in height at Node Way Gardens. On the opposite side of Bypass Road to the west is the petrol filling station, and the junction with London Road is opposite the southern end of the plot

The site is located south of the village boundary within the Green Belt but it is not within a conservation area or close to any heritage asset.

Planning permission is sought for the erection of 37 dwellings following the demolition of the existing dwelling on the site. Seven dwelling houses are proposed in two short terraces of 3 and 4 rows of dwellings, parallel to the site frontage with Bypass Road. Thirty flats are proposed in four blocks, 3 of which are similarly designed and are aligned with the dwelling houses. A fourth block will be perpendicular to the road on the southern side of the site.

A single vehicular access will serve the development, and this would be created at the north-west corner of the site. The existing domestic access at the southwest corner would be retained for pedestrian and cycle access only.

It is noted that 3 neighbour representations have been received, none of which objected to the scheme. The comments concerned the impact of the development on cycling, the number of onsite parking spaces, the provision of bird boxes, the removal of trees and shrubs, and the need for a S106 agreement to upgrade the existing footpath.

In terms of the principle of the development, the site is allocated as a Housing Site in the emerging Local Plan. It therefore follows that the site is situated in a sustainable location. This is evidenced by the site’s location adjacent to an established residential area, its’ accessibility to bus and cycle routes on its western side and its’ proximity to Welwyn Village with its range of services and facilities which are all within walking distance.

The capacity of existing infrastructure is considered sufficient to be able to accommodate the development but in advance of the Adoption of the emerging local plan, the site remains in the Green Belt.

In terms of the harm to the Green Belt, there is no exception listed in Paragraph 149 of the NPPF that is  ...  view the full minutes text for item 29.

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning) on the erection of an agricultural storage building and internal access road for a site which is located adjacent to 1 Cromer Hyde Lane.

The proposed building would be located to the northeast of the application site. The supporting information states that the existing land was formerly part of a larger agricultural unit, but this has since been subdivided and the land has been sold separately. It also states that the landowner intends to use the land to grow local food for local people and plant meadow grass to encourage bees and other insects and invertebrates. The application has been called in by Cllr Kasumu as it is green belt land, the overall size of the proposed development may infer a wider use than is suggested and because there are concerns around the road access.

Since the committee report was published the Highway Authority have identified a concern about loose surface materials from the existing gravel entering the carriageway over time, therefore officers have drafted a condition to include as part of the recommendation which requires the first 5 metres of the access driveway to be constructed using bound materials. Furthermore, since the publication of the report it has been agreed with the applicant that a condition for materials samples will be recommended to allow the Council to consider the exact colour and manufacturer of the external materials. The full list of conditions will be listed at the end of the presentation again for members information.

The application site is located on Cromer Hyde Lane, a road which is accessed off of Marford Road, a classified B-road. The land to the north side of Marford Road is part of the Brocket Hall Estate. Immediately to the north of the application site is a listed public house called the Crooked Chimney. There are residential properties to the south-west of the site further along the lane and open countryside lies beyond that to the east and south.

Cromer Hyde Lane itself is a narrow country lane which is tree lined. The application site is accessed from an existing shared vehicular access with 1 Cromer Hyde Lane and is located approximately 65m from the entrance to Marford Road.

The Crooked Chimney Pub is separated from the application site by a small parcel of land which comprises mature hedges and trees that are located along the boundary, providing some screening.

The applicant has already erected a fence along the boundary and a sliding gate to the entrance of the site, as well as laid down some hard surfacing. The agricultural land lies beyond the part of the site which has a hardstanding. The principle of the agricultural building is considered to be acceptable in the Green Belt under exception 149(a) of the National Planning Policy Framework, which states that buildings for agriculture and forestry are not inappropriate development. Where a building meets one of the Green Belt exceptions such as this, the courts have held that an assessment  ...  view the full minutes text for item 30.

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning) detailing recent appeal decisions for the period 26 July to 7 October 2022.

Notable decisions include:

Biopark - appeal allowed. The application was refused by the Council at DMC contrary to officers’ recommendation. An application for costs to be awarded against the Council was not allowed by the Inspector.

73 Bridge Road East – appeal allowed with conditions. An application for costs to be awarded against the Council was partially allowed by the Inspector.

The Chair said that Members need to think really hard if they reject an application against officers’ recommendations. This will need to be done on sound planning grounds.

RESOLVED:

That appeal decisions during the period be 26 July to 7 October 2022 be noted.

Report of the Executive Director (Place).

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.

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning) relating to the performance of the Development Management Service over a six-month period April to September 2021 (Quarters 2 and 3).

RESOLVED:

Members noted the content of the report.