Agenda for Development Management Committee on Thursday 14th September 2017, 7.30 pm

Agenda and minutes

Venue: Council Chamber, Campus East, Welwyn Garden City, Herts, AL8 6AE. View directions

Contact: Marie Lowe on 01707 357443 Email: democracy@welhat.gov.uk 

Items
No. Item

44.

SUBSTITUTIONS

To note any substitution of Members made in accordance with Council Procedure Rules 19-22.

Minutes:

The following substitutions of Committee Members had been made in accordance with Council Procedure Rules 19-22:

 

Councillor J.Cragg in place of T.Mitchinson.

45.

APOLOGY

Minutes:

An apology for absence was received from Councillor T.Mitchinson.

46.

MINUTES

To confirm as a correct record the Minutes of the meeting held on 17 August 2017 (previously circulated).

Minutes:

The Minutes of the meeting held on 17 August 2017 were approved as a correct record and signed by the Chairman.

47.

DECLARATIONS OF INTEREST BY MEMBERS

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

Minutes:

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.

 

Councillor P.Zukowskyj also declared a non-pecuniary interest in item 7 of the agenda - Knebworth Care Home, 59 London Road, Woolmer Green, SG3 6JE - 6/2017/1064/Full by virtue of being a Member of the Resources, Property and the Economy Cabinet Panel at Hertfordshire County Council.  The Cabinet Panel was responsible for the granting of the operating contracts for adult social care.

48.

ENTECH HOUSE, LONDON ROAD, WOOLMER GREEN SG3 6JE - 6/2017/0848/MAJ - ERECTION OF 72 RESIDENTIAL UNITS CONSISTING OF 46 HOUSES (12 X 3 BED AND 34 X 4 BED AND 26 FLATS (4X1 BED AND 22 X 2 BED), 657 SQM RETAIL FLOOR SPACE (A1) AND 485.1 SQM OFFICE FLOOR SPACES (B1) A)) WITH ASSOCIATED LANDSCAPING, PARKING AND INFRASTRUCTURE INVOLVING DEMOLITION OF EXISTING INDUSTRIAL (B2) BUILDINGS AND RESIDENTIAL UNITS pdf icon PDF 879 KB

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

Minutes:

The report of the Executive Director (Public Protection, Planning and Governance) setting out the application seeking planning permission for the erection of 72 residential units in the form of apartments and detached and semi-detached housing together with a commercial building which would include four retails units at ground floor level and office space above.

 

The application had been presented to the Development Management Committee as the development was a departure from the 2016 Draft Local Plan Proposed Submission.

 

Officers reported an amendment to the first reason for refusal from Policy SAD1 to SADM1.

 

Neil Osborn (Agent) spoke in support of the application.

 

Members raised the following concerns during the discussion which ensued.

 

        Employment land which was needed in the Borough was being used for housing. 

        The future provision for employment land was in the existing Local Plan.  And should be protected in the emerging local plan.

        Housing, especially social housing, was much needed for local residents in Welham Green and across the Borough.

        The proposed housing was in the wrong location.

        The vibrate business community in Welham Green would be affected by the proposed development.

        There was increased pressure for employment land to be used for housing.  The Council needed to protect against this.

        The existing factory building was in a state of disrepair and had been vacant for a number of years.

        This was the first time that the Council had been seen to argue to protect employment land across the Borough.

        Should the proposal go ahead, there was an increased risk of flooding.  Woolmer Green had a history of flooding in that area.  The road was prone to flooding, particularly on the bend near to where the proposal was located.

        Traffic was a constant problem.  The road through Woolmer Green was often used as a diversionary route when a major incident occurred and the A1(M) was closed.

 

Some Members were of the view that as the site had been vacant for three years it was not a vital employment land.  If it were a business would be operating there.  An existing Local Plan was in place which had been adopted by the Council and this application was in line with that Plan.

 

The Chairman reminded Members that previous applications that had been approved by the committee for development on employment land have been approved when the remainder of the site could be converted to residential use without planning permission under permitted development rights.

 

In response to a question from a Member, Officers advised that the Council had asked for an extension of time to be able to obtain a response from the Lead Local Flood Authority on the impact the proposed development would have on potential flooding. However the agent had not been willing nor able to agree to an extension of time.

 

Officers went on to advise that the site was not vacant as there were currently four people employed there.

 

The Chairman summarised the Committee’s main  ...  view the full minutes text for item 48.

49.

KNEBWORTH CARE HOME, 59 LONDON ROAD, WOOLMER GREEN, SG3 6JE - 6/2017/1064/FULL - INSTALLATION OF 4 X DORMER WINDOWS AND ALTERATIONS TO THE INTERNAL LAYOUT TO PROVIDE ADDITIONAL BEDROOMS pdf icon PDF 394 KB

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

Minutes:

The report of the Executive Director (Public Protection, Planning and Governance) detailed the application for the proposal seeking the installation of four dormer windows within the front elevation of the building and alterations to the internal layout to provide additional bedrooms.  As a result of the internal alterations the resultant number of bedrooms would be 69, an increase of four bedrooms.  The reason the application had been presented to the Development Management Committee was due to Woolmer Green Parish Council having raised a ‘major objection’ to the application for a number of reasons.

 

Natasha Davies (Agent) spoke in support of the application.

 

It was proposed by Councillor D.Bennett, seconded by Councillor I.Dean and

 

RESOLVED:

(13 Voting, 3 against)

 

That planning permission be granted in respect of Knebworth Care Home, 59 London Road, Woolmer Green, SG3 6JE - 6/2017/1064/FULL subject to the conditions set out in the report of Officers:

 

(Cllr P.Zukowskyj having declared a non-pecuniary interest in this item withdrew from the meeting.  Minute 47 refers).

50.

THE BUNGALOW, BULLS LANE, HATFIELD, AL9 7AZ - 6/2017/0772/FULL - CHANGE OF USE OF HIGHWAY LAND TO FORM NEW DRIVEWAY WITH DROPPED KERB TO FRONT OF PROPERTY pdf icon PDF 354 KB

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

Minutes:

The report of the Executive Director (Public Protection, Planning and Governance) detailed the application seeking full planning permission is sought for the change of use of highway land to residential to enable a new driveway from the existing drive entrance across a triangular section of verge to the front boundary of the site.  The application had been presented to the Development Management Committee because of the complex planning history of the site and its vicinity.

 

Anita Herdiero (Applicant) spoke in support of the application.

 

Ron Canning (Objector) spoke against the application.

 

In response to queries from Members of the Committee, Officers confirmed that the grassed stripped of land in front of the property was Highways land. 

 

Officers advised that a s.278 would not be required in this case and that the previous access was no longer available to the applicants.  The applicants would need to apply to Hertfordshire County Council for the installation of a dropped kerb.  However Members noted that Hertfordshire County Council had not objected to the proposal.

 

It was proposed by Councillor J.Beckerman, seconded by Councillor P.Zukowskyj and

 

RESOLVED:

(13 voting for and 1 against)

 

That planning permission The Bungalow, Bulls Lane, Hatfield, AL9 7AZ  - 6/2017/0772/FULL be approved for the change of use of highway land to residential to enable a new driveway from the existing drive entrance across a triangular section of verge to the front boundary of the site. 

51.

FLINT COTTAGE, BLACKHORSE LANE, POTTERS BAR, EN6 3NB - S6/2014/2003/FP - ALTERATIONS TO EXTENDED DWELLING TO INCLUDE: REMOVAL OF 5NO. DORMER WINDOWS, REMOVAL OF FIRST FLOOR SIDE EXTENSION, REPLACEMENT OF TWO STOREY FRONT EXTENSION WITH SINGLE STOREY ENTRANCE PORCH AND RETENTION OF SINGLE STOREY REAR EXTENSION pdf icon PDF 506 KB

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

Minutes:

The Chairman announced that this application had been withdrawn from the agenda.

52.

60 HOMEWOOD AVENUE, CUFFLEY, POTTERS BAR, EN6 4QR - 6/2017/0887/VAR - VARIATION OF CONDITION 3 (MATCHING MATERIALS) PERSUANT TO PLANNING PERMISSION 6/2016/0596/HOUSE TO BE READ AS WHITE RENDER FACING, GREY ALUMINIUM WINDOWS AND ARTIFICIAL SLATE ROOF TILES pdf icon PDF 526 KB

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

Minutes:

The report of the Executive Director (Public Protection, Planning and Governance) setting out the application for a variation to the wording of Condition 3 of planning permission: 6/2016/0596/HOUSE. 

 

The Chairman reminded Members that the application property had recently been extended under planning permission: 6/2016/0596/HOUSE. The shape and size was not for consideration.  It was the changes to the pre-existing external materials of the property which were the subject of this application. 

 

Condition 3 stated:

 

The brickwork, roof tile, bond, mortar, detailing, guttering, soffits and other external decorations of the approved extension/alterations must match the existing dwelling/building in relation to colour and texture.

 

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.

 

The application had been presented to the Development Management Committee because Northaw and Cuffley Parish Council has objected to the application to vary Condition 3.

 

Officers informed the Committee that following a review the Council were strengthening and amending the wording of the planning condition attached to planning permissions relating to materials to make this precise. 

 

Mr Hassan Djaffer (Agent) spoke in support of the application.

 

Diane Draper (Objector) spoke against the application.

 

Northaw and Cuffley Parish Councillor Andrea Allgood, spoke against the application.

 

Members expressed the following views during the discussion which ensued.

 

        A dislike of retrospective applications.

        Condition 3 was very specific with regards to the materials which were to be used under the original application.

        Any new materials used should match those of the original building to protect the visual amenity of the area. 

        The materials used in the proposed retrospective development was not in keeping with the neighbouring properties.

        This was a material breach of Condition 3 attached to the original planning permission. 

        Condition 3 should have been adhered to and enforcement undertaken.

 

Officers, in response to a further question from Members, Officers advised that the current application addressed the windows and roof and not the render.

 

It was moved by Councillor J.Beckerman, seconded by Councillor N.Pace and lost, 4 votes for and 10 against, against the Officer’s recommendation that planning permission be approved subject to the conditions contained in the Officer’s report for a variation to the wording of Condition 3 of planning permission: S6/2014/2388/FP. 

 

It was then moved by Councillor F.Thompson, seconded by Councillor J.Weston and

 

RESOLVED:

(10 voting for and 4 against)

 

That planning permission for application 60 Homewood Avenue, Cuffley, Potters Bar, EN6 4QR - 6/2017/0887/VAR notwithstanding the Officer’s recommendation for approval be overturned and refused for the following reason.

 

The render, roof tile, windows and other external decoration of the extended dwelling together with the lack of any brickwork fails to reflect the character and appearance of the original dwelling and existing streetscene.  The proposal represents a discordant feature contrary to Policies D1 and D2 and Statement of Council Policy, Supplementary Design Guidance February  ...  view the full minutes text for item 52.

53.

55 HOMEWOOD AVENUE, CUFFLEY, POTTERS BAR, EN6 4QQ - 6/2017/1340/VAR - VARIATION OF CONDITION 3 (MATERIALS) ON PLANNING PERMISSION S6/2014/2388/FP pdf icon PDF 474 KB

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

Minutes:

The report of the Executive Director (Public Protection, Planning and Governance) setting out the application for a variation to the wording of condition 3 of planning permission: S6/2014/2388/FP. 

 

The Chairman reminded Members that the application property had recently been extended under planning permission: S6/2014/2388/FP. The shape and size was not for consideration.  It was the changes to the pre-existing external materials of the property which were the subject of this application. 

 

Condition 3 stated:

 

The brickwork, roof tile, bond, mortar, detailing, guttering, soffits and other external decorations of the approved extension/alterations must match the existing dwelling/building in relation to colour and texture.

 

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.

 

The application had been presented to the Development Management Committee because Northaw and Cuffley Parish Council has objected to the application to vary Condition 3 not to match the existing materials.

 

Northaw and Cuffley Parish Councillor Andrea Allgood, spoke against the application.

 

Members expressed the following views during the discussion which ensued.

 

        The materials used were not considered to be ‘native’ to Hertfordshire.

        Condition 3 was very specific with regards to the materials which were to be used under the original application.

        The changes to the approved planning permission was out of character and design of the area.

 

It was moved by Councillor F.Thompson, seconded by Councillor J.Weston that the proposed planning application be refused and

 

RESOLVED:

(9 voting for, 5 against)

 

That planning permission for application 55 Homewood Avenue, Cuffley, Potters Bar, EN6 4QQ - 6/2017/1340/VAR notwithstanding the Officer’s recommendation for approval be overturned and refused for the following reason.

 

The render, roof tiles and other external decoration of the extended dwelling together with the lack of brickwork fails to reflect the character and appearance of the original dwelling and existing streetscene.  The proposal represents a discordant design is therefore contrary to Policies D1 and D2 and Statement of Council Policy, Supplementary Design Guidance February 2005 and that National Planning Policy Framework 2012.

 

POSITIVE AND PROACTIVE STATEMENT

 

The decision has been made taking into account, where practicable and appropriate the requirements of paragraphs 186-187 of the National Planning Policy Framework and material planning considerations do not justify a decision contrary to the development plan (see Officer’s report which can be viewed on the Council's website or inspected at these offices).

 

REFUSED DRAWING NUMBERS

 

Plan Number

Revision Number

Details

Received Date

5258/004

 

Location Plan

23 June 2017

5258/002

 

Side Elevation East

23 June 2017

5258/003

 

Side Elevation

23 June 2017

5258/001

 

Front Elevation

23 June 2017

 

54.

APPEAL DECISIONS pdf icon PDF 111 KB

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

Minutes:

The report of the Executive Director (Public Protection, Planning and Governance) detailed recent appeal decisions for the period 4 August to 1 September 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.

55.

PLANNING UPDATE - FUTURE PLANNING APPLICATIONS pdf icon PDF 196 KB

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

Additional documents:

Minutes:

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.

56.

DEVELOPMENT MANAGEMENT PERFORMANCE REPORT pdf icon PDF 370 KB

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

Minutes:

The report of the Executive Director (Public Protection, Planning and Governance) related to the performance of the Development Management Service over the three month period April to June 2017.

 

RESOLVED:

 

That development management performance report which might be considered by the Committee be noted.

 

That development management performance reports for future applications include workloads of Officers.

57.

EXCLUSION OF PRESS AND PUBLIC

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 17 and 18 on the grounds that they involve 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 Local Government Act 1972 (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

 

Minutes:

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 Agenda item 17 (Minute 58 refers) on the grounds that it involved the likely disclosure of confidential or exempt information as defined in Section 100A(3) and paragraph Paragraphs 2 (Information likely to reveal the identity of an individual), and 6 (Statutory notice or order) of Part 1 of Schedule12A of the Local Government Act 1972 (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.

58.

ENFORCEMENT CASE MONITORING REPORT

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

Minutes:

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.