Agenda and minutes

To note that the Council at their Annual Meeting on 22 May will be appointing a Chairman and Vice Chairman of the Committee for 2017/18.

It was noted that Councillors S.Boulton and N.Pace were elected Chairman and Vice Chairman respectively for the Municipal Year 2017/2018.

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 S.Johnston for Councillor D.Bennett.

An apology for absence was received from Councillor D.Bennett,

To confirm as a correct record the Minutes of the meeting held on 27 April 2017 (previously circulated).

The minutes of the meeting held on 27 April 2017 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.

Councillors S.Boulton and P.Zukowskyj declared non-pecuniary interest in items on the agenda as appropriate by virtue of being members of Hertfordshire County Council.

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

The report of the Executive Director (Public Protection, Planning and Governance) setting out the application which sought full planning permission for the sub-division of the site and the erection of a 3 bedroom two-storey dwelling to the rear of No. 26 Great North Road, with associated parking.  The dwelling was to be sited to the rear of the existing semi-detached dwelling and be orientated to Oaklea.

Site Description

The application location lies northwest of the town centre of Welwyn Garden City in the village settlement of Oaklands and Mardley Heath. The site comprised of a semi-detached house set within a good sized plot (approximately 974sqm) orientated to Great North Road, and was setback approximately 22m from the highway. The topography of the site sloped from the rear to the front (northwest to southeast) towards the highway and contained mature vegetation to the rear and front of the site. Immediately to the rear of the site was Oaklea a residential street.

The Proposal

Planning permission was being sought for the sub-division of the site and erection of a 3 bedroom two-storey dwelling to the rear of No 26 Great North Road, with associated parking.  The dwelling was to be sited to the rear of the existing semi-detached dwelling and be orientated to Oaklea.  The dwelling would be L-shaped with uncovered car parking space to the north-western corner of the site and rear decking.  The ground floor of the proposed dwelling was to be approximately 62.1m² and the first floor approximately 65.4m² equating to a total floor area of 127.5sq.m and a footprint of approximately 76m². Whilst the previously refused scheme involved the removal of an existing greenhouse and approximately 4 mature trees and associated shrubbery, these have since been removed and the application site cleared with some shrubbery retained along the boundaries. Vehicle and pedestrian access was to be gained from Oaklea. The existing dwelling and proposed dwelling would be divided by a 2.4m high (fence) wall allowing approximately 197m² of private garden area for the proposed dwelling and the remainder (approximately 253m²) to be associated with No. 26 Great North Road.

The new dwelling would host a pitched roof with side facing hipped and gable ends. The new L-shaped dwelling would host a wide and shallow footprint, with street level appearance measuring approximately 5.35m in depth and 9.25m in width. The siting of the dwelling on the divided plot was such that it would sit nearer to the boundary shared with 24 Great North Road than the boundary shared with 1A Oaklea, but was broadly sited centrally within the plot. The site would retain space to side for car parking and would host private rear and side gardens.

Reason for Committee Consideration

This application was presented to the Development Management Committee because Welwyn Parish Council has objected to the application.

Mrs Stedham (Applicant) spoke in support of the application.

Mr Collins (Objector) spoke against the application.

Welwyn Hatfield Borough Councillor Tony Kingsbury spoke against the application.  ...  view the full minutes text for item 6.

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

The report of the Executive Director (Public Protection, Planning and Governance) setting out the application which sought full planning permission for the erection of a two-storey front and part single, part two storey rear extension, alteration to existing roof and height of building (including provision of 8 dormers); conversion of the property into 3 residential units: 3 x 2 bedroom flats and use of forecourt for car parking cycle parking and bin stores.

Site Description

The application site was situated on the north side of Brookmans Avenue and consisted of a detached two storey dwelling house with integral garage.  The property was set back from the road frontage by approximately 14 metres; providing ample forecourt parking. The property is bound to the east and west by other similar styled detached properties; to the north of the site was the Brookmans Park Club (golf course).  The property was within walking distance of Bradmore Green shopping facilities and Brookmans Park Station.  A number of properties within the vicinity of the site have flatted accommodation: namely: Bradmore Way, Oaklands Avenue, Marlborough Court 1-12 Green Close, Station Road together with the neighbouring property 11 Brookmans Avenue.

Reason for Committee Consideration

The application was presented to the Development Management Committee because North Mymms Parish Council had objected to the application.

“There are no flats midway along any road in Brookmans Park and those existing are located at gateway points to the village. The building will be over-dominant in the street scene and there are no roof level front dormer windows in Brookmans Avenue. This is out of keeping and therefore inappropriate. Parking is a serious issue in Brookmans Avenue particularly at the bottom end, near the shops, where this property is located. The number of parking spaces is inadequate as local evidence shows that homes with two bedrooms generate at least two cars and this proposal provides no facility for visitor parking or delivery vehicles, and will result in the loss of the front garden”.

A number of comments were received from North Mymms Parish Council further to the re-consultation exercise undertaken on 21 April 2017.

Members gave consideration to the 4.5 car parking spaces allocated for the development and noted the sustainable travel with the site located 0.6 miles from Brookmans Park train station and bus services.  It was suggested that with modification to the car parking area there was scope to accommodate 5 cars.

Mr Salvatore Trupia (Applicant) spoke in support of the application.

North Mymms Parish Councillor B. Weeks spoke against the application.

RESOLVED:

(10 voting for and 5 against)

That planning permission be approved following the amendment 5(b) and additional condition at no. 8 for application 6/2017/0157/FULL subject to the following conditions:-

1.            No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby granted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be implemented using the approved materials and  ...  view the full minutes text for item 7.

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

The report of the Executive Director (Public Protection, Planning and Governance) setting out the application which sought full planning permission for the demolition of the existing garage buildings and construction of a new residential block of twelve flats.  The use of the site would change from commercial to residential (C3).  The Planning Officer advised the Committee of a late representation from the County Council Archaeologist and that additional conditions was recommended in this regard.

Northaw and Cuffley Parish Councillor B.Stubbs spoke against the application.

Members discussed the issue of parking, as 17 parking places which had been allocated for 12 flats and the proposed underground car parking provision.  The style of the roof was reviewed and some members commented that they would prefer to see a traditional mansard roof rather than a flat roof. It was noted that the building had been designed to be reflective of the neighbouring building, whilst seeking to improve on the overall quality of appearance.

It was proposed by Councillor J.Beckerman seconded by Councillor P.Shah and

RESOLVED:

(10 voted for and 5 against)

That planning permission be approved for application 6/2016/0887/MAJ subject to the following conditions set out in the report of the Executive Director (Public Protection, Planning and Governance), the additional conditions at 14 and 15 and  subject to completion of a S106 agreement securing the following contributions and to the applicant agreeing any necessary extensions to the statutory determination period to allow the completion of the S106:

1.         Green Space £1,262

2.         Play space £3,320

3.         Refuse and recycling bins (between £900 and £1,400)

4.         HCC Nursery education £1,680

5.         HCC Library contribution £1,617

6.         Monitoring fee at 5% of total contributions

and the following conditions:

PRE-COMMENCEMENT

1.      No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby granted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be implemented using the approved materials and subsequently, the approved materials shall not be changed.

REASON:  To ensure a satisfactory standard of development in the interests of visual amenity in accordance with the National Planning Policy Framework and Policies D1 and D2 of the Welwyn Hatfield District Plan 2005.

2.      No development shall take place until details of the location, design and specification of the refuse bin and recycling materials storage bins and areas to serve the residential units have been submitted to and approved in writing by the Local Planning Authority.  Subsequently the refuse and recycling materials storage bins and areas shall be constructed, equipped and made available for use, in accordance with the approved details, prior to first occupation and retained in that form thereafter.

REASON: To ensure a satisfactory standard of refuse and recycling provision and to protect the residential amenity of adjoining and future occupiers in accordance with Policies IM2, R5 and D1 of the Welwyn Hatfield District Plan 2005.

3.      No development shall commence until a scheme for the  ...  view the full minutes text for item 8.

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

The report of the Executive Director (Public Protection, Planning and Governance) setting out the application which sought full planning permission for the erection of a 3-bed detached dwelling following demolition of an existing detached garage and the rear section of the existing dwelling.  External materials are proposed to match existing neighbouring properties.

Site Description

The application site comprises a two storey semi-detached dwelling located on the western side of heron Way, directly opposite its junction with Falcon Close.  There was a large garden area to the south side of the property, currently occupied by a detached single garage.  The immediate locality featured similar detached, semi-detached and link-detached properties in terms of size, design and appearance.

Reason for Committee Consideration

This application was presented to the Development Management Committee because Hatfield Town Council had objected to the proposed development.  The objection stated:

‘The Committee objected to the application due to an over development of the site and loss of car parking.  The Committee questioned did the build impact on the neighbours?  And was the new build a HMO?’

Claififcation was given that, whilst Hatfield Town Council had objected to the original proposal, they did not object to the revised proposal that was now being considered by the Committee.

The Planning Officer asked the committee to consider the addition of a further condition in order to ensure that the property is used as a single dwelling house rather than a House in Multiple Occupation (HMO).

Members were asked to note that there had been no objections from the immediate neighbours and the Agent advised that the development had been discussed with the Officers and was set back a similar distance from the highway to match the properties in the area.

The report noted that spacing distances between adjacent properties would adequately prevent overdevelopment across the plot width or a terracing effect within an area characterised with detached and semi-detached properties.  58 Heron Way is contained within what is considered to be a generous sized plot relative to the footprint and scale of the dwelling and featured a larger site footprint than other residential sites in the immediate context.

Mr D Goodman (Agent) spoke in support of the application.

It was proposed by Councillor N. Pace seconded by Councillor A. Chesterman and

RESOLVED:

(unanimous)

That planning permission be approved for application 6/2016/2615/FULL subject to the conditions set out in the report and the additional condition no 6:-

1.            No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby granted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be implemented using the approved materials and subsequently, the approved materials shall not be changed.

            REASON:  To ensure a satisfactory standard of development in the interests of visual amenity in accordance with the National Planning Policy Framework and Policies D1 and D2 of the Welwyn Hatfield District Plan 2005.

2.               No development shall take  ...  view the full minutes text for item 9.

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

The report of the Executive Director (Public Protection, Planning and Governance) setting out the application which sought full planning permission for the erection of a porch extension and conversion of the resultant building into two self-contained flats each with 2 bedrooms.

Site Description

The application site was situated on the western side of Holly Close and accommodates a mid-terrace dwelling with front and rear gardens.  The surrounding area and street scene were residential in character and contained dwellings similar in respect of both size and appearance.  The property was one of a group of dwellings which formed part of an originally planned residential area of Hatfield Town dating from the 1950s.

A small one bedroom dwelling (11a Holly Close) which adjoined the north side of the application property was erected following the grant of planning permission in 2004 under reference S6/2004/0330/FP.  The same application also included permission for a part two storey, part single storey rear extension to the application property to form a five bedroom dwelling.  Nos.11 and 11a share a vehicular access and a block paved area to the front of the property which provides off street parking for up to five cars.

The Proposal

Planning permission was sought for the erection of a porch extension and conversion of the resultant building into two self-contained flats each with 2 bedrooms.

Reason for Committee Consideration

The application is presented to Development Management Committee because Councillor James Broach has called it in for the following reason:

“The loss of a family style home in this part of town would set an extremely dangerous precedent, by virtue of it being of a completely different style of accommodation to the surrounding area (i.e. a set of flats in an area otherwise surrounded by family houses and HMOs).

Furthermore, there are already extremely well documented traffic issues in this area and particularly on this street. On several occasions Serco have not been able to get their bin lorries down this road and/or the surrounding areas despite switching to a smaller lorry. Indeed just last year, an ambulance was unable to reach a patient due to the traffic issues in this area.

Both the construction traffic, and any additional traffic the proposed development may generate, could only exacerbate this.

I note that a similar application in High Dells was refused just recently under delegated powers. I urge the same decision to be made in this case.”

Dr F. Mahmmud (Applicant) spoke in support of the application.

Members expressed the following concerns during the discussion which ensued:

•              Concerns were expressed regarding the history of the site and the use of the eight bedroom House in Multiple Occupation (HMO); also the current use and lettings of the rooms.

•              Would it possible to return the application site to its previous use as a dwelling housing as use Class C3 with six bedrooms?

•              The impact on the existing parking issues in the area and the number of parking spaces available on site.

•              The proposal  ...  view the full minutes text for item 10.

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

The report of the Executive Director (Public Protection, Planning and Governance) detailed recent appeal decisions for the period 6 April 2017 to 4 May 2017.

           RESOLVED:

That the appeal decisions during the period set out in the report of the Executive Director (Public Protection, Planning and Governance) be noted.

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

The report of the Executive Director (Public Protection, Planning and Governance) provided 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 (Public Protection, Planning and Governance) informed the Committee of the performance of the Development Management Service over the first quarter of 2016/17.

RESOLVED:

That the report on the performance of the Development Management Services over the first quarter 2016/17 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 items 18 and 19 (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 18 (Minute 17 refers) on the grounds that it involved the likely disclosure of confidential or exempt information as defined in Section 100(A) (3) and paragraph 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 was considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

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

The report of the Executive Director (Public Protection, Planning and Governance) informing Members that a Planning Application Validation Checklist was adopted by Development Management Committee on 14 July 2015.   The checklist was reviewed since its most recent adoption in 2015 and follows legislation, section 62 (4A) of the Town and Country Planning Act 1990,  guidance within the National Planning Policy Framework and Planning Practice Guidance which requires Local Planning Authorities to only request information that is relevant, necessary and material to the development proposed and to review their validation checklist every two years in order to be able to rely on information requirements within their local list.  The list has been updated to take account the continued legislative changes since its last adoption in 2015, the introduction of a number of new prior approval regimes, draft local plan, as well as other legislative changes.

Since the previous report, the Council has had the benefit of having two years with the new IT database. Since its launch it has made efficiency improvements. These improvements now further help our Planning Officers in determining all application types more proficiently and reduced the amount of work required for the Support Team, meaning that applications continue to be checked earlier in the process for their validity.

Members reviewed the speed at which decisions were made and noted that none major applications threshold would be set at 65% with the intention to increase this over time with a threshold of 70% early 2018.  Also the appeal decisions as shown within the report were deliberated.

RESOLVED:

That Members note and agree, as appropriate: the proposed changes to the validation checklist; the proposed checklist will be subject to consultation for a minimum of 6 weeks (in accordance with government guidance) to statutory consultees, agents, developers and town and parish council’s; and A report on the summary of consultation responses will be presented to Development Management Committee, together with an updated checklist, to enable the checklist to be formally adopted.

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

The exempt report of the Executive Director (Public Protection, Planning and Governance) 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 agreed and noted.