Agenda and minutes

Development Management Committee
Thursday 5th September 2019 7.30 pm

Venue: Council Chamber, Council Offices, The Campus, Welwyn Garden City, Herts, AL8 6AE

Contact: Sharon Keenlyside 

Items
No. Item

41.

MINUTES

To confirm as a correct record the Minutes of the meeting held on 15 August 2019 (circulated separately).

Minutes:

The Minutes of the meeting held on 15 August 2019 were approved as a correct record and signed by the Chairman.

42.

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:

Councillor S.Boulton declared non-pecuniary interests in items on the Agenda as appropriate by virtue of being Members of Hertfordshire County Council.

 

Councillor J.Broach had called in the application, Item 8 on the agenda – 22 Bramble Road, Hatfield, AL10 9SA – 6/2019/1290/HOUSE – Erection of First Floor Front Extension and Insertion of Roof Lift, as Ward Councillor and confirmed he would withdraw from the meeting for the duration of the item and not take part in the debate or vote.

43.

WELWYN RUGBY FOOTBALL CLUB, HOBBS WAY, WELWYN GARDEN CITY AL8 6HX - 6/2017/0225/FULL - RETENTION OF THE RE- SITED 2 X 15M HIGH FLOODLIGHT COLUMNS AND LAMPS MEASURING A FURTHER 0.5 METRES AND A REDUCTION OF THE RE-SITED TWO COLUMNS TO 12.5M WITH LAMPS MEASURING A FURTHER 0.5 METRES pdf icon PDF 378 KB

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

Minutes:

Report of the Corporate Director (Public Protection, Planning and Governance) on the retention of the re-sited 2 x 15m high floodlight columns and lamps measuring a further 0.5 metres and a reduction of the re-sited two columns to 12.5m with lamps measuring a further 0.5 metres.

 

This application was deferred from Development Management Committee on 25 April 2019 for negotiation to take place between the Council, the Rugby Club and residents regarding the height of the columns adjacent to the Scotts View properties. Amendments to the scheme were discussed at a meeting between members of the Planning Department, representatives of the Rugby Club and residents of the neighbouring properties on 4 June 2019.

 

The proposed development had been updated to take account of the amendments which had been discussed.

 

A representation had been received from the occupiers of 4 Scotts View stating that they support the amendment to the application which would reduce the height of the lighting columns adjacent to the Scotts View properties to 12.5m as it would reduce the light spill and the visual impact of the lights on that property. The representation stated that they would support a condition that the light spill on the Scotts View houses be checked after installation and should not be in excess of the maximum 1.1 lux, the permitted maximum.

 

This application was presented to the Committee because it had been called in by Councillor H.Bromley.

 

‘The new floodlights are significantly higher than the ones which they replaced, by some 7m, and they are also in different positions to the original lights. This has caused significant harm to the residents and the general amenity of the area. The original application did not mention the floodlights being in different positions. This is impacting upon the Conservation and the EMS area. There is substantial visual intrusion day and night. At night, the light spill is far worse than previously, despite the rugby club saying it would be less. This is not the case. The club also seems to be contravening the permission given as to when they may be used’.

 

Late representation was received in support of the application.

 

Following discussion, it was proposed and seconded by Councillors S.Boulton and P.Shah and

 

RESOLVED:

(unanimous)

 

Planning permission be APPROVED subject to the conditions as set out in the report and subject to amended conditions 1 and 4 as follows:

 

CONDITION 1 - The floodlights hereby approved shall only be used between the hours of 19:00 and 21:30 on Tuesday, Wednesday and Thursday evenings and shall provide no form of illumination outside of those hours.

 

REASON: In order to protect residential amenity in accordance with policies D1 & D2 of the Welwyn Hatfield District Plan and the National Planning Policy Framework.

 

CONDITION 4 - Within two weeks of the reduction in height of the two lighting columns adjacent to the Scotts View properties, in the locations shown on drawing number 002A, the level of vertical luminance at the centre of the rear  ...  view the full minutes text for item 43.

44.

55 BISHOPS RISE, HATFIELD, AL10 9BX - 6/2019/0814/FULL - ERECTION OF 1 X TWO BEDROOM DWELLING pdf icon PDF 395 KB

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

Minutes:

Report of the Executive Director (Public Protection, Planning and Governance) on the erection of 1 x two bedroom dwelling.

 

The application site was located on the east side of Bishops Rise at the junction with Lark Rise and formed part of a row of seven two storey detached properties of similar style and appearance which fronted onto Bishops Rise. On the opposite side of the Bishops Rise, to the west of the site, was the University of Hertfordshire’s College Lane Campus.

 

The site comprised a two storey detached five bedroom House in Multiple Occupation (HMO) with a front, side and rear garden. The site benefited from a hard standing, which could accommodate two cars, as well as detached single garage. The parking area and garage were accessed via Lark Rise.

 

The application sought planning permission to erect a two bedroom self-contained dwelling to the north side of 55 Bishops Rise. The new dwelling would be single storey with a footprint side extension to No.55 which would measure approximately 11.4 metres deep by 6.7 metres wide with a pitched roof approximately 3.7 metres in height. The new dwelling would be finished in matching materials to No.55.

 

This application was presented to the Committee because Councillor Broach had called it in:-

 

‘I would like to call this application in to DMC, however I am happy for this to be refused under delegated powers if applicable. My reasons for the call in are as follows:

 

The proposed development would result in an overdevelopment of the site, given the footprint of the proposed bungalow when compared to the existing HMO.

 

The plans note 4 existing car parking spaces for the HMO – however no new parking spaces are proposed to accommodate the needs of this new site. Instead, the existing spaces for the HMO have been allocated to the annex. The applicant has failed in his duty to provide new parking spaces for this new development.

 

I would therefore question whether the existing HMO will remain compliant with criterion HMO2 of the - Houses in Multiple Occupation Supplementary Planning Document due to the loss of parking provision? I would also argue that the expectations of the WHBC Supplementary planning guidance have not been met, in particular section 4.1, which states “Residential development will generally be expected to accommodate all parking demand on site”. 4 spaces for the HMO plus this annex is woefully insufficient. The loss of the existing garage space would further exacerbate this. I also note that there is no access into the HMO from this annex. If this is the case, should this not be considered a separate dwelling as opposed to an annex?

 

A neighbour on Lark Rise has shared some serious concerns with me in regards to this proposal, which I fully support. I particular note the point that this proposal would be out of keeping with the immediate surrounding area, raising concerns about whether this proposal would be compliant with Section 5.2 of the WHBC Supplementary Design Guidance  ...  view the full minutes text for item 44.

45.

22 BRAMBLE ROAD, HATFIELD, AL10 9SA - 6/2019/1290/HOUSE - ERECTION OF FIRST FLOOR FRONT EXTENSION AND INSERTION OF ROOF LIGHT pdf icon PDF 195 KB

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

Minutes:

Report of the Executive Director (Public Protection, Planning and Governance) on the erection of first floor front extension and insertion of roof light.

 

The application site was located within Bramble Road which is an established residential area in Hatfield and comprised a two-storey semi-detached dwelling on a corner plot with hard-surfaced front driveway and a rear garden.

 

The subject dwelling had previously been extended through a single storey front extension (porch), two storey side extensions and a single storey rear extension.

 

Bramble Road included semi-detached dwellings of similar design and appearance with many dwellings having been extended from original – either through front, side and/or rear extensions at single and two storey level.

 

This application was being heard at the Committee because Hatfield Town Council had submitted a major objection:-

 

“Members consider this application contrary to Policy D1: Quality of Design as it is not of a high quality and Policy D2: Character and Context as it is overdevelopment of the original footprint of the property and fails to allow for adequate parking. It fails to maintain, nor enhances or improve the character of the existing area”.

 

Hatfield Town Councillor, M.Eames-Petersen, spoke against the application, presenting the Parish Council’s objection that it was overdevelopment of the site having already been extended at least twice. 

 

Following discussion, it was proposed and seconded by Councillors P.Hebden and J.Broach and

 

RESOLVED:

(unanimous)

 

That planning permission be APPROVED subject to the conditions as set out in report.

46.

APPEAL DECISIONS pdf icon PDF 96 KB

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

Minutes:

Report of the Corporate Director (Public Protection, Planning and Governance) detailing recent appeal decisions for the period 31 July to 16 August 2019.

 

RESOLVED:

 

That appeal decisions during the period 31 July to 16 August 2019 be noted.

47.

PLANNING UPDATE - FUTURE PLANNING APPLICATIONS pdf icon PDF 172 KB

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

Additional documents:

Minutes:

 

Report of the Corporate Director (Public Protection, Planning and Governance) providing the Committee with a summary of planning applications that might be presented over the next one or two months.  Members noted that if the call-in or application was withdrawn, the item would not be presented to the Committee.

 

RESOLVED:

 

That future planning applications which might be considered by the Committee be noted.

48.

DEVELOPMENT MANAGEMENT APPEAL PERFORMANCE

Minutes:

Report of the Corporate Director (Public Protection, Planning and Governance) looking at the statistics of decision making by the Committee and by Planning Officers under delegated authority since August 2016 together with the outcome of any subsequent appeal decisions.

 

If it was presumed that the decision-making of the Planning Inspectorate when refused planning applications were appealed was “correct” then it indicated that officers had a “better” performance rate than the Committee.

 

The statistics were from 1 August 2016 onwards and they related to major and minor planning applications for new homes or commercial floorspace and householder planning applications for extensions and alterations, but did not include ‘others’ such as prior approvals, discharge of condition notices, etc.

 

It was noted that of the 35 applications refused by the Committee of a total of 137 presented, 20 were recommended for approval by Officers. Of these 20, 12 were appealed and 8 of these were successful.

 

It was agreed that these statistics would be presented to the Committee in an annual report.

 

RESOLVED:

 

That the statistical performance of decision-making by the Committee and by Planning Officers under delegated authority and the outcome of any subsequent appeal decisions be noted.

 

(Note:  The Chairman accepted this item as urgent business on account of the Committee at its last meeting asking for these statistics).