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 C.Gillett in place of Irene Dean.

Apologies for absence were received from Councillor I.Dean.

To confirm as a correct record the Minutes of the meeting held on 22 June 2017 (previously circulated).

The Minutes of the meeting held on 22 June 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 a 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 seeking planning permission for the change of use from B1(a) office to C3 residential, construction of roof and side extensions, creation of 43 residential apartments and cycle storage compound.

The application site was located on the corner of the cross roads with Bridge Road East and Broadwater Road and comprised a three storey office building and its associated car park.  The site was located within an employment area.  However Members were asked to note that this particular area was changing by virtue of the introduction of residential developments close to the application site, which included the recent permission for the re-development of the Shredded Wheat Factory opposite.

The application site currently benefited from a large car parking area to the side and front boundaries, with limited soft landscaping along its boundaries. 

The Proposal

The proposal would provide a total of 43 flats, 41 of which would be one bedroom flats and two would be two bedroom flats.

The proposed 43 dwellings comprised an increase of twelve dwellings from the development approved under the recent prior approval application (ref. 6/2016/2160/PN11).  The proposal would result in the construction of an additional storey, a three storey side extension fronting Bridge Road East with balcony detailing and a roof top terrace.

Members were also asked to note that these changes were not possible under the application for prior approval, as the process did not allow for works which would constitute development as these required separate planning permission.  The prior approval established that the building could be converted to residential, this application was seeking to justify a greater number of flats and a denser form of residential development.

Reason for Committee Consideration

The application was presented to the Development Management Committee by virtue of the proposed development being a departure from the Development Plan.

Officers referred to recent communication with the Council’s acting solicitors (Trowers and Hamlins), Members were requested to note that revisions to the draft s.106 agreement was currently being prepared, which had not been itemised in the case Officer’s report circulated with the agenda and related to the addition of fire hydrants obligation and the deletion of the nursery contribution.

Officers provided a verbal update to the Committee report which advised Members of the following.

“The deletion of the nursery contribution from the s.106 obligations, it should be clarified that the nursery contribution and Childcare Service contribution as stated at point 9.61 of the report had been amalgamated and therefore was now the Early Years contribution within the draft s.106 agreement currently being prepared, of which the sum remains unchanged.  Additionally Hertfordshire County Council had sought the addition of a fire hydrants obligation.

Secondly there had been an amendment to paragraph 9.39 of the report – Highway and Parking matters, a new paragraph had been circulated and apologies for the lateness of this, however it was clarified that the maximum number of parking spaces sought  ...  view the full minutes text for item 30.

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

The report of the Executive Director (Public Protection, Planning and Governance) advises Members of how the Borough Council collects and spends Section 106 (s.106) monies and provides details of any remaining monies still to be spent. 

The report also advised Ward Members that s.106 contributions could be sought from future developments above ten residential units and for Members to consider this in identifying related potential infrastructure requirements in their Wards.  Contributions could also be sought from developments which included employment or retail uses.

Members considered how the Council should secure and spend s106 and Community Infrastructure Levy contributions in the future.

Officers, in response to questions from Members, confirmed the following.

•        Discussions regarding s.106 agreements could take place at the pre-application stage, when applicants were invited to submit a Heads of Term for consideration by Officers on behalf of the Council.  However the pre applications process was confidential therefore consultations were not carried out. 

•        Ward Members were consulted by email on planning applications in their Wards, as part of this process Officers were looking to include inviting Members to consider related potential uses of s.106 obligations/contributions for infrastructure requirements in their Wards.  However Members needed to keep in mind obligations could only be sought where they met the necessary tests as stated in the report.  Managing the expectations of Ward Members was an important part of the process. 

•        All Members were informed of all the applications by the weekly lists published.

•        At present the intention was to adopt and implement the Community Infrastructure Levy (CIL) by the summer of 2018.

The CIL Officer undertook to report back to the Member who questions the recommendations of the Review regarding the parish/neighbourhood’s infrastructure requirements.

RESOLVED:

1.      That the contents of the report which informed Members on how the Borough Council collected and spent s.106 monies and advised of monies still to be spent be noted. 

2.      That Section106 contributions could be sought from future developments above ten residential units and the method of the identification of related potential infrastructure requirements in their Wards be noted. 

3.      That contributions could also be sought from developments, including employment or retail uses be noted.

4.      The process for Members to give further consideration and comments on how they would like the Council to secure and spend Section 106 and Community Infrastructure Levy contributions in the future be noted.

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 3 June 2017 to 6 July 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.