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 J.Cragg in place of Councillor F.Thomson.

Apologies for absence were received from Councillor F.Thomson.

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

The Minutes of the meeting of the Committee held on 2 March 2017 had not been previously circulated and would be deferred the next meeting on 27 April 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 J.Cragg declared a non-pecuniary interest in item 6 on the agenda - Former Shredded Wheat Factory, Bridge Road, Welwyn Garden City, AL8 6UN - N6/2015/0294/PP by virtue of her husband being a former employee of Tesco PLC.

Councillor S.Markiewicz declared a non-pecuniary interest in item 10 on the agenda - The Cemetery House, South Way, Hatfield AL10 8HS - 6/2016/2623/MAJ by the virtue of being the Chairman of the Council’s Crematorium Procurement Board. Due to the potential for a perception of bias, Councillor S Markiewicz confirmed that he would leave the room for the duration of the item and would not take part in the debate and vote.

Councillor M.Larkins declared a non-pecuniary interest in item 10 on the agenda   - The Cemetery House, South Way, Hatfield AL10 8HS - 6/2016/2623/MAJ by the virtue of being a Member of the Council’s Crematorium Procurement Board. Due to the potential for a perception of bias, Councillor M Larkins confirmed that he would leave the room for the duration of the item and would not take part in the debate and vote.

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

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

Report of the Executive Director (Public Protection, Planning and Governance) setting out the detailed considerations for the major planning application on land at Broadwater Road West in Welwyn Garden City, a site known as the Former Shredded Wheat Factory.  The application was for a mixed use development which was residential led and would deliver up to 850 new homes as well as office, retail and leisure opportunities, public and private open space, highways improvements, landscaping and other benefits. 

The report also set out the material planning considerations as they related to each main issue.  The report also gave a detailed review of the proposed development as well as considering the potential environmental impacts, which could be positive or negative, as addressed by the submitted Environmental Impact Assessment.

Site Description

The application site is located to the east of Welwyn Garden City town centre in the Peartree ward, covers an area of approximately 12.7 hectares.  The site formed part of the wider Broadwater Road West development site, an area allocated for mixed use development and was split in two by Hydeway which ran east-west across the site and provided a pedestrian and vehicular link to the train station over-bridge, and on to the town centre, for the eastern half of the town.

The site itself was largely cleared of structures with the exception of the former Shredded Wheat factory buildings, including the silos, to the north of Hydeway and the former Polycell building immediately to the south of Hydeway.  The remaining buildings on site were vacant and in an increasing state of disrepair.  Members were asked to note that some of the Shredded Wheat factory buildings dated back to 1925 and all of the factory buildings are Grade II listed.

The Proposal

Overview  - The description of the proposed development, as it has been advertised was as follows:

Outline planning permission for part demolition, repair, restoration, extension and conversion of the former Shredded Wheat factory complex and included demolition of all buildings and structures except the original 1920's silos, production hall, grain store and boiler house.  Refurbishment and change of use of the retained listed buildings to provide two Class C3 residential units, a Class C1 boutique/budget hotel, Class B1(a) offices, a Class A4 pub/bar, a Class D1 crèche and a Class D2 gym/dance/exercise studio.  Erection of up to 850 Class C3 dwellings to potentially include up to 80 Class C2 (and/or C3 assisted living units), Class A1 retail, Class A3/A4 restaurants/cafés/bars/pubs, Class D1 community use and healthcare and Class D2 gym/dance/exercise studio floor space.

Provision of external space for leisure and recreation included a linear park, external games/play area, allotments and a skate park.  Creation of internal estate roads, paths, vehicle and cycle parking.  Associated highway works comprising the widening of footways and the provision of cycle ways to Broadwater Road and Bridge Road, works to Hydeway, junction remodelling works and the erection of a new footbridge from Bridge Road.  Phase 1 (Blocks 2,3,4,5,6 & 7 on land to  ...  view the full minutes text for item 148.

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

Report of the Executive Director (Public Protection, Planning and Governance) setting out the listed building consent for the part demolition, repair, restoration, extension and conversion of the former shredded wheat factory complex to include demolition of all buildings and structures except the original 1920's silos, production hall, grain store and boiler house.  Refurbishment and change of use of the retained listed buildings to provide two class C3 residential units, a class C1 boutique/budget hotel, class B1(A) offices, a class class A4 pub/bar, a class class D1 crèche and a class D2 gym/dance/exercise studio.

The application was linked with the main planning application under reference N6/2015/0294/PP which was considered also considered at the meeting of the Development Management Committee on 30 March 2017 and was for the wider redevelopment of this site.

The determination of the application for listed building consent had been delayed in order that it could be considered at the same time as the application for the redevelopment of the wider site.

Late representations in favour of the application had been received.

It was then moved by Councillor N.Pace, seconded by Councillor S.Markiewicz and

RESOLVED:

(14 voting for, 1 against)

That planning permission be approved for application N6/2015/0293/LB, as set out in the report of Officers.

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 proposed improvements to the railway bridge to include the upgrading of the floor surface to a resin bonded finish, the repainting of the lattice steel structure and the provision of pedestrian level lighting on the bridge.  Precise details of all of these features would need to be agreed with Network Rail before works could commence.

The application site was the existing pedestrian footbridge which ran from the end of Hydeway over the east coast mainline to the Howard Centre shopping centre and provided access to the platforms of Welwyn Garden City railway station.

Mr Nigel Quinton (Objector) spoke against the application.

Members noted that the application was not brought by the land owner and raised queries as to the extent that the scheme had been agreed by the land owner. 

It was then moved by Councillor N.Pace, seconded by Councillor S.Markiewicz and

RESOLVED:

(unanimous)

That planning permission be approved for application 6/2016/0457/FULL as set out in the report of Officers.

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

Report of the Executive Director (Public Protection, Planning and Governance) setting out an application requesting the variation of condition 2 attached to application referenced 6/2016/0391/VAR which approved the “Variation of condition 1 (approved plans) on planning permission 6/2015/2223/HOUSE for the 'Erection of single storey side/rear extension, including extending the roof to form habitable accommodation’”.

Section 73 of the Town and Country Planning Act 1990 (as amended) allows the determination of applications to develop land without compliance with conditions previously attached.  In this case, the applicant requests the variation of condition 2, which stated “All side facing dormer windows of the building shall be glazed with obscured glass and shall be fixed so as to be incapable of being opened below a height of 1.8 metres above floor level, and shall be retained in that form thereafter.  Obscured glazing shall be installed within 3 months of the date of this decision and shall be retained in that form thereafter.”  The reason for the imposition of this condition on the approval was to protect the residential amenity of the occupiers of adjoining dwellings.

The proposed variation would re-word the conditions so as to alter the height from 1.8m to 1.7m and allow the windows below 1.7m to have a restricted opening of 15 degrees alongside the removal of the windows within the foremost dormer on the north facing elevation from the condition.  Accordingly, the condition would be worded as follows –

“All side facing dormer windows within the south facing elevation, as well as the rearmost and central side facing dormer windows within the north facing elevation of the proposed building shall be glazed with obscured glass and shall be fixed so as to be incapable of being opened beyond 15 degrees below a height of 1.7 metres above floor level. The works described above shall be completed within 3 months of the date of this decision, and shall be retained in that form thereafter.

REASON:  To protect the residential amenity of adjoining occupiers in accordance with Policy D1 of the Welwyn Hatfield District Plan 2005.”

The key considerations in this case, were whether the revised condition would sufficiently protect the amenity of the occupiers of adjoining premises, and whether the proposed condition would comply with the six tests of conditions as laid out in paragraph 206 of the National Planning Policy Framework (NPPF) (hereby referred to as the six tests).

Reason for Committee Consideration

This application is presented to the Development Management Committee because Northaw and Cuffley Parish Council has objected.

Late representation in the form of photographs from the neighbouring properties at numbers 43 and 47 together with the following addendum from Officers had been received.

Addendum to item 9 of part 1 of the Welwyn Hatfield Borough Council Development Management Committee dated 30 March 2017 read as follows:-

The addendum was in reference to the wording only of the condition proposed to be varied in application referenced 6/2016/1855/VAR at 45 Northaw Road East, Cuffley  ...  view the full minutes text for item 151.

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 erection of a new chapel, machinery store and crematory, to include new car parking provision and enhanced landscaping following demolition of existing chapel, machinery store, lodge house and central colonnade:

Late representations objecting to the scheme had been received from or on behalf of two funeral directors operating near to the Welwyn Hatfield area.

Members commented that the site was well located and that at present many residents have to travel some distance and experience long waiting times in order to be able to use the facilities. It was observed that the development was situated away from residential property.  

It was then moved by Councillor N.Pace, seconded by Councillor A.Chesterman, that

RESOLVED:

(unanimously of the 14 voting members)

That planning permission be approved for application 6/2016/2623/MAJ as set out in the report of Officers subject to referral to the Secretary of State.

(Permission for the application would not to be issued until it had been confirmed by the Secretary of State).

(Note:  Councillors S.Markiewicz and M.Larkins withdrew from the meeting for this item).

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 to energy generation and installation and operation of three gas engines and ancillary development.

The application sought planning permission for the change of use of the site for energy generation (Sui-Generis) and the installation and operation of three gas engines and ancillary development to provide additional electrical power generation (at peak times/reserve capacity) for input into the National Grid.  The ancillary development would include the erection of a gas kiosk, a clean oil tank and a waste oil tank, as well as some alterations to the existing building.

The gas engines would be approximately 13m in depth and 6m in width.  The gas engines would each have cylindrical exhaust flues 12m in height from the ground level with a diameter of approximately 0.5m.  Two gas engines would be oriented east to west, and be located on the west corner of the site.  The third gas engine would be located at the south east corner of the site, close to the street, and at right angles to the road.

The gas kiosk would be located to the front of the existing building, along the north east boundary with a shallow hipped pitched roof.  The structure would be approximately 5.8m in width, 2.6m in height and 2.6m in depth.

The oil tanks would be located along the south boundary of the site, between the gas engines.  The waste oil tank would be approximately 1.5m in width and depth, with a height of 1.2m.  The clean oil tank would measure approximately 2.3m in depth, 3.2m in width and 1.4m in height.

Reason for Committee Consideration

This application is presented to the Development Management Committee because Councillor Chesterman has called the application to committee for the following reason;

“This application is out of keeping with the intended use for the area ie small industrial and office accommodation. The applicant has not taken the necessary readings from the areas that will be most affected. This will cause an impact on employees, most of whom are local, with regard to noise and air quality pollution which could prove detrimental to their health.”

Additionally the proposal represents a departure from the development plan given the location of the site within a designated employment area.

Three items of late representation had been received in the form of objections.

Mr Andy Dingle (Objector) spoke against the application.

Welwyn Hatfield Borough Councillor L.Chesterman spoke against the application.

For clarity, the Committee was asked to note that Councillor L.Chesteman had called in the application as Ward Councillor.

The following points were made during the discussion which ensued:-

Ø  Members expressed concerns regarding the impact the proposed change of use would have on the amenity value to the neighbouring commercial properties in terms of noise levels; impact of increased traffic movements; parking of commercial vehicles and insufficient infrastructure.  The employment site was for small industrial units with office accommodation.  The development would provide  ...  view the full minutes text for item 153.

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

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

RESOLVED:

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

Report of the Executive Direction (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 coming 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.