Agenda and minutes

Development Management Committee
Thursday 5th December 2019 7.30 pm

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

Contact: Sharon Keenlyside 

Items
No. Item

72.

APOLOGIES

Minutes:

Apologies for absence were received from Councillor S.Kasumu, P.Shah and S.Wrenn.

73.

SUBSTITUTIONS

To note any substitution of Committee Members made in accordance with Council Procedure Rules.

Minutes:

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

 

Councillor J.Cragg for Councillor S.Wrenn

Councillor L.Musk for Councillor P.Shah

Councillor S.Thusu for Councillor S.Kasumu

74.

MINUTES

To confirm as a correct record the Minutes of the meeting held on 14 November 2019 (previously circulated).

Minutes:

The Minutes of the meeting held on 14 November 2019 were approved as a correct record and signed by the Chairman.

75.

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 L.Musk declared a non-pecuniary interest in item 10 on the Agenda by virtue of having known objectors to the application.  As the objectors had not contacted her in a formal capacity, Councillor L.Musk confirmed that she was impartial and would take part in determining the application.

 

Councillor F.Marsh declared a non-pecuniary interest in Item 7 on the Agenda, Land off Crossway, Welwyn Garden City – 6/2019/0811/FULL, as it was his intention to speak against this application. Councillor F.Marsh confirmed that he would withdraw after making his objections and not take part in the discussion or vote.

 

Councillor J.Broach declared a non-pecuniary interest in Item 8 on the Agenda, 20 Roe Green, Hatfield – 6/2019/2002/HOUSE, as he had called the item in and it was his intention to speak against this application. Councillor J.Broach confirmed that he would withdraw after making his objections and not take part in the discussion or vote.

76.

FORMER SHREDDED WHEAT FACTORY WELWYN GARDEN CITY AL8 6UN - 6/2019/1330/FULL - ALTERATIONS AND AMENDMENTS TO PLANNING PERMISSION 6/2018/0171/MAJ, FOR THE ERECTION OF A FIVE-STOREY COMMUNITY BRIDGE BUILDING (1,257M2) FOR FLEXIBLE USE (B1/D1/D2 USE CLASSES) INCORPORATING A MINIMUM OF 338 SQUARE METRES OF D2 USE CLASS FLOOR SPACE AND THE REMOVAL OF THE SKATE PARK pdf icon PDF 478 KB

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

Minutes:

Report of the Corporate Director (Public Protection, Planning and Governance) on the alterations and amendments to planning permission 6/2018/0171/MAJ, for the erection of a five-storey community bridge building (1,257m2) for flexible use (B1/D1/D2 Classes) incorporating a minimum of 338 square metres of D2 use class floor space and the removal of the skate park.

 

At last month’s Development Management Committee (14 November), the application was deferred and it was agreed to be brought back to this month’s committee.

 

The site was within the Wheat Quarter redevelopment site, in Welwyn Garden City. The strategic site occupied a central position, to the east of the main railway line bounded by Broadwater Road, Bridge Road and Hyde Way and the land adjoined the railway.  

 

The site was adjacent to the raised pedestrian footbridge which provided access to Welwyn Garden City train station, beyond to the Howard Centre shopping mall and then served as a gateway to the town centre. 

 

The site was currently accessed from Bridge Road, or via a pedestrian access off of Hydeway.

 

The scheme was originally called in by Councillor Cowan on the grounds that the skate park was promised to the public from the inception of the project, indeed was a part of the Spenhill application, and to remove it at this late stage would be a major breach of faith with the public who have long looked forward to a purpose-built skate park in the town.

 

Councillor M.Cowan, Ward Councillor, Welwyn Hatfield Borough Council, spoke against the application saying that there was no justification for the developers withdrawal of the skate park. Other skate parks in the borough were distant from Welwyn Garden City town centre. The proposed indoor D2 space may not be attractive to youths.

 

After having been granted planning permission for the development, based on the assumption that the outdoor skate park would be honoured, Members strongly objected to the developer’s proposal to withdraw the outdoor skate park.

 

Following discussion, it was proposed and seconded by Councillors J.Broach and L.Musk and

 

RESOLVED:

(12 voting in favour, 1 abstaining)

 

That the recommendation be overturned and REFUSED.

 

Reasons for refusal;

 

1.    The proposed development, by virtue of the loss of the skate park, would result in there being a lack of provision for older children and teenagers to ‘hang out’ within the wider strategic site, contrary to Policy EMP3 of the Welwyn Hatfield District Plan, the Broadwater Road West Supplementary Planning Document and the National Planning Policy Framework.

 

2.    The proposed development provides no parking, which would result in dispersing onto nearby highway creating an adverse highway impact, contrary to Policies D1 and M14, the Supplementary Planning Document on Parking and the National Planning Policy Framework.

77.

LAND OFF CROSSWAY WELWYN GARDEN CITY - 6/2019/0811/FULL - CHANGE OF USE TO ALLOW FOR FLEXIBLE USE CLASS OF B1C LIGHT INDUSTRY, B2 GENERAL INDUSTRY AND B8 STORAGE & DISTRIBUTION WITH ASSOCIATED VEHICLE PARKING pdf icon PDF 462 KB

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

Minutes:

Report of the Corporate Director (Public Protection, Planning and Governance) on the change of use to allow for flexible use class of B1C light industry, B2 General industry and B8 storage and distribution with associated vehicle parking.

 

The application site was at the end of an access road off of Crossway, and adjacent to the A1(M). The site comprised of a building currently being used for the storage of timber and a carpentry/joinery workshop.

 

Historically the site gained planning permission in 1979 (ref: N6/1979/0173) for two stable blocks, providing 9 stable doors, which consisted of 8 horse boxes and a tack room. 

 

Following this, the site was granted planning permission in 1996 (ref: N6/1996/0276/FP) for the retention of livery stables and continued use of the land for liveries.  The application also included an infill extension to join the previous two stable blocks, into one, consequently providing an additional stable door.  As a result the stable block had 10 stable doors.  That application also included permission for vehicle parking with a gravel finish for up to 10 cars, a turning area, driveway and additional hard standing.  The stables were accessed via the road from Crossway. 

 

This application had been presented to the Development Management Committee because the Head of Planning considered it prudent for the application to be considered by the Development Management Committee.

 

Officers announced that there was a minor error in the Officers report:-

The sentence at the end of paragraph 9.25 read as “Part 3 of Schedule 2, Class I and P, Part 7 of Schedule 2, Class H and J, and Part 2 of Schedule 2, Class A” whereas it should have read as follows “Part 3 of Schedule 2, Class P, Part 7 of Schedule 2, Class H, I and J, and Part 2 of Schedule 2, Class A”.

The key change being that Class I of Part 3 was removed and permitted development rights under Class I of Part 7 of Schedule 2 was removed.

 

Mr C Watts, agent, spoke for the application saying that none of the objections to the application were justifiable. The detailed noise report found the noise level to be acceptable and Hertfordshire Highways had raised no objection. The application site had previously been developed and it was not inappropriate development within the Green Belt.

 

Mrs L.Heathcote Sherif spoke against the application, saying that the application was a breach of permitted use within the Green Belt and the application was too vague to assess the impact on the Green Belt. As the end use was not known, the necessary planning conditions may be unforeseeable. The main impacts would be from noise and increased traffic. The application would be detrimental to the character of the area.

 

Councillor F.Marsh, Ward Councillor, Welwyn Hatfield Borough Council, spoke against the application saying that Crossways was in an area covered by the Estate Management. The application would change the character of the area within the Green Belt. There would be an increase in traffic  ...  view the full minutes text for item 77.

78.

20 ROE GREEN CLOSE, HATFIELD, AL10 9PE - 6/2019/2002/HOUSE - ERECTION OF PART SINGLE, PART TWO STOREY REAR EXTENSION FOLLOWING DEMOLITION OF EXISTING CONSERVATORY AND ERECTION OF SINGLE STOREY SIDE PORCH pdf icon PDF 411 KB

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

Minutes:

Report of the Corporate Director (Public Protection, Planning and Governance) on the erection of part single, part two storey rear extension following demolition of existing conservatory and erection of single storey side porch.

 

The application site was located on the north east side of Roe Green Close which formed a wider residential loop of properties. The application property was one of a row of three similar link-detached two storey dwellings.

 

The site comprised a two storey four bedroom link-detached dwelling with single storey rear extensions and a detached garage. The site benefitted from front and rear gardens with on-site car parking for two cars.

 

This application was presented to the Development Management Committee because Hatfield Town Council had submitted a Major Objection and Councillor James Broach had called-in the application.

 

The reason Councillor James Broach had called-in this application was as follows:

 

“I would like to call this application in for consideration at DMC. Much like the previous application at No. 16, neighbours have expressed concern at the size and bulk of this proposal placing a risk to the enjoyment of their amenity space, and also loss of light. No. 18 is particularly at risk of this due to two active applications at No. 16 and 20.”

 

Hatfield Town Council’s Major Objection submitted with the following comment:

 

“The Members consider this as over development of the site with the rear extension going to the boundary of the property and object to loss of amenity land for access to front garden parking spaces.”

 

Mrs A.Saberian, applicant, spoke for the application saying that the proposed extension would enable her parents to move in and her mother to be cared for instead of burdening social services. The extension at the rear would replace the existing conservatory and the front replacement windows were the same as the original. The extension would only increase the footprint by 10 square metres.

 

Councillor J.Broach, Ward Councillor, Welwyn Hatfield Council, spoke as an objector saying that although he sympathised with the applicant, there were planning concerns. There would be a large increase in footprint and the extension would be out of keeping in the area. It would have a significant impact on neighbours and would be over development of the site.

 

Councillor J.Brennan, Hatfield Town Council, spoke against the application saying that it was a large extension and there had been numerous objections from the neighbours as it was seen as overbearing. It was out of character with other properties in the area and considered as over development.

 

(Note:  Councillor J.Broach declared an interest and withdrew for this item – minute 77 refers.)

 

Members were informed by Officers that Hertfordshire Highways had removed their objection and the extension made no difference in terms of parking provision.

 

Following discussion, it was proposed and seconded by Councillors P.Hebden and A.Chesterman and

 

RESOLVED:

(unanimous)

 

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

79.

22 DELLSOME LANE WELHAM GREEN HATFIELD AL9 7HJ - 6/2019/1822/FULL - ERECTION OF MANSARD ROOF AND DORMERS TO ACCOMMODATE 2 X TWO BEDROOM FLATS pdf icon PDF 530 KB

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

Minutes:

Report of the Corporate Director (Public Protection, Planning and Governance) on the erection of mansard roof and dormers to accommodate 2 x two bedroom flats.

 

The application site was located on the north side of Dellsome Lane within the specified settlement of Welham Green. The immediate area had a mixed character comprising, residential, retail and commercial buildings. To the east of the site was a three storey apartment block, to the west was Welham Green Service Station, adjoining the site to rear to the north west were the gardens of Nos.5 to 8 Old Farmhouse Mews and to the north east were the rear gardens of Nos.74 to 80 Vincenzo Close.

 

The site comprised a three storey building accommodating 10 flats (6 x 2 bedroom and 4 x 1 bedroom) with vehicle access which passed beneath the first and second floor along the south eastern boundary to parking at the rear of the site with 14 spaces and a communal amenity area.

 

This application was presented to the Development Management Committee because a Major Objection had been received from North Mymms Parish Council and Councillor Paul Zukowskyj had called-in the application.

 

The reason Councillor Paul Zukowskyj had called-in this application was as follows:

 

“As background to this, the original development had Juliet balconies as a limitation to reduce overlooking of adjacent properties rear gardens, this was amended late in the day to full balconies which have subsequently been problematic for local residents. A further increase in height and consequent overlooking will be deeply concerning for local residents and the cumulative impact of this alongside the permitted balconies of the exiting flats will be severe in impacting local resident’s amenity.”

 

North Mymms Parish Council had objected to the proposal on the following grounds:

 

"North Mymms Parish Council have a major objection to this proposal. It would be over dominant in the street scene at this location. There is an apartment development opposite with mansard roof but that is in scale with its neighbours. This proposal is not. It would be intrusive for neighbours to the side and rear and their privacy lessened as higher flats would have direct view into these 2 storey houses. Drawing 490619/02 is misleading as the ridge of the neighbouring block of flats is shown higher than is actual. This is an inappropriate proposal to raise another floor to this already dominant building in the location in which it sits.”

 

Mr P.Roseman, agent, spoke for the application saying that the original application had been approved in 2013. As stated in the Officers report, it was not considered to be overlooking neighbouring properties.

 

Councillor L.Saffer, North Mymms Parish Council, spoke against the application saying that the development would be over dominant in the street scene and that there was no other properties in the area which had a mansard roof. The development would impact the neighbours and was considered over development of the area.

 

(Note: Councillor J.Cragg left the meeting at 9.15pm and returned  ...  view the full minutes text for item 79.

80.

LAND BEHIND 140 LUDWICK WAY, WELWYN GARDEN CITY, AL7 3PY - 6/2019/1616/FULL - ERECTION OF 6 X 3 BEDROOM RESIDENTIAL DWELLINGS WITH ASSOCIATED ACCESS, CAR PARKING, AMENITY SPACE AND LANDSCAPING INVOLVING DEMOLITION OF A BLOCK OF THREE GARAGES pdf icon PDF 534 KB

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

Minutes:

Report of the Corporate Director (Public Protection, Planning and Governance) on the erection of 6 x 3 bedroom residential dwellings with associated access, car parking, amenity space and landscaping involved demolition of a block of three garages.

 

The site was located in the settlement of Welwyn Garden City, to the South East of the Borough. The site extended to approximately 0.17 hectares.

 

The application site, known as land behind 140 Ludwick Way, was largely rectangular in shape and remained largely flat in topography. It comprised 15 single storey garages to which 3 would be demolished as part of this proposal. The site was mainly vacant and had been partly cleared of other garage blocks. The site comprised of a large area of hardstanding.

 

Both vehicular and pedestrian access to the site was gained directly from Ludwick Way. There was also pedestrian access to the site from Burgundy Croft.

 

The site was surrounded by traditional residential two storey dwellings. At the south of the application site, there was a two storey detached block of flats with associated car parking. Further south of the application site, was a shopping parade with associated infrastructure.

 

The application was presented to Development Management Committee because it was a corporate application and the Head of Planning considered it prudent.

 

Andrew Fisher, agent, spoke for the application saying that the development would result in six new council homes to house local families on the housing register. There would be twelve parking spaces in accordance with requirements as well as cycle storage. Electric car charging points would be provided. Hertfordshire Highways had raised no objection. The development was in keeping with the local area.

 

Mrs Stanton spoke as an objector, saying that each dwelling would be allocated two car parking spaces whereas one allocated parking space would have reduced congestion and pollution. The proposed access road was not wide enough for two way traffic and would be dangerous for pedestrians.

 

Councillor Cowan, Ward Councillor, Welwyn Hatfield Council, spoke against the application saying that he was glad there was a change of use from derelict garages to residential dwellings but he felt that there were concerns over blocked visibility at the junction onto the access road and issues with the size of the access road. There were also concerns about the lack of recycling facilities.

 

Following discussion, it was proposed and seconded by Councillors L.Musk and S.Elam and

 

RESOLVED:

(12 voting in favour, 1 against)

 

That planning permission be APPROVED subject to the conditions as set out in report and additional conditions relating to energy and sustainability statement, lighting along the access road and details of the access road. 

 

Additional conditions shall include;

 

1.    Prior to above ground development an Energy and Sustainability Statement shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the agreed details and shall thereafter be maintained in the approved form.

 

REASON:   To ensure that the development contributes towards Sustainable Development and Energy  ...  view the full minutes text for item 80.

81.

THE HOLDINGS, COLE GREEN LANE, WELWYN GARDEN CITY, AL7 4AL - 6/2019/1851/VAR - REMOVAL OF CONDITIONS 19 (HOURS OF OPERATION OF MACHINERY) AND 20 (TIMES OF DELIVERIES) ON PLANNING PERMISSION 6/2018/2726/MAJ pdf icon PDF 471 KB

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

Additional documents:

Minutes:

Report of the Corporate Director (Public Protection, Planning and Governance) on the removal of conditions 19 (hours of operation of machinery) and 20 (times of deliveries) on planning permission 6/2018/2726/MAJ.

 

The previous planning application for this site (6/2018/2726/MAJ) was reported to Committee on 28 March 2019 and granted planning permission.  The approved scheme was for the erection of 4 industrial/commercial buildings within use class B8 with associated landscaping, access and infrastructure works. 

 

The approval followed a previous application (6/2015/2416/MAJ) which was reported to Committee on 26 May 2016 and was granted planning permission for eight, two-storey, mixed B class use units with a footprint of 2,910sqm and floorspace of 5,820sqm. 

 

The 2018 application, submitted as a larger development, was required to accommodate more floorspace to make the scheme viable. This was because the site had been used for landfill and had become contaminated.  Remediation works were required by a condition on the 2015 planning permission.  The applicant submitted that the costs of the remediation works was higher than anticipated and that a larger development was therefore required to accommodate more floorspace to make it viable. 

 

This application was presented to the Development Management Committee because the proposal was a departure from the District Plan. East Herts District Council raised concerns with the development and the Head of Planning considered it prudent to report this application to Members.

 

Mr D.Caruso, agent, spoke for the application saying that there had been no concerns raised in the noise report or by the Environmental Health Officer, regarding noise levels.

 

Mr A.Wintersgill, Pellings, spoke as an objector saying that the conditions placed on the approved planning application had originally been imposed to protect existing and future residents of the Garden Suburb. The noise impact assessment had underestimated the noise impact on residents of night-time deliveries.

 

Following discussion, it was proposed and seconded by Councillors P.Hebden and S.Elam and

 

RESOLVED:

(voting 9 in favour, 3 against)

 

That planning permission be APPROVED subject to the conditions as set out in report, the completion of a s106 and the referral of the application to the Secretary of State before determination.

82.

APPEAL DECISIONS pdf icon PDF 103 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 23 October to 20 November 2019.

 

RESOLVED:

 

That appeal decisions during the period 23 October to 20 November 2019 be noted.

83.

PLANNING UPDATE - FUTURE PLANNING APPLICATIONS pdf icon PDF 121 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.

84.

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 16 and 17 (if any) 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 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.

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 items 16 and 17 (Minute 85 refers) on the grounds that it involved 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.

85.

ENFORCEMENT CASES MONITORING REPORT

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

Minutes:

The exempt report of the Corporate Director (Public Protection, Planning and Governance) provided an update on ongoing planning enforcement cases.

 

RESOLVED:

 

That the update on planning enforcement be noted.