Agenda and minutes

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

Apologies for absence was received from Councillor Cathy Watson for whom Councillor Lucy Musk attended as a substitute, from Councillor Katherine Gardner for whom Councillor James Broach attended as a substitute, and from Councillor Alan Chesterman for whom Councillor Jill Weston attended as a substitute.

In the absence of the Vice Chair for the meeting, Councillor Walsh proposed and Councillor Goldwater seconded Councillor Shah to the position which was unanimously agreed.

To confirm as a correct record the Minutes of the meeting held on 25 July 2024 (previously circulated).

The minutes of the meeting held on 25 July 2024 were confirmed as an accurate record.

There were no items of urgent business.

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

There were no declarations of interest.

The Chair advised the meeting that the order of business would be varied so that item 8 (6/2024/0468/LB Templewood Primary School) would be the first substantive item on the agenda given there were a number of people present for this item. For clarity, the minutes are shown in the order of the agenda pack.

Report of the Assistant Director (Planning)

The Committee received a report which sought outline planning permission for the erection of 120 dwellings and a two form of entry primary school with associated access, open space, landscaping and other infrastructure. Details of the application were set out in the agenda. The application was before the Committee because it had been called in by Councillor Zukowskyj and because Northaw and Cuffley Parish Council had submitted a major objection.

There had been some minor updates since the report was published. An additional condition was proposed as a result of discussions with Affinity Water to ensure any excavation works were acceptable with regards to water quality; delegated powers were requested for officers to finalise the wording. Requirement iv) of condition 11 was recommended to be varied to require a wider 4.5 metre footpath and cycleway to read ‘South Way provision of segregated 4.5-meter footpath and cycleway including lighting.’ In terms of Hertfordshire County Council’s (HCC) obligations, the report said the contribution for childcare services for 0 – 2-year-olds was to be confirmed and since publication of the report, HCC had confirmed the sum would be used towards increasing the capacity for children of those ages through reprovision of Apple Day Care in Hatfield and/or provisions serving the development. In terms of Fire and Rescue Service obligations, the wording ‘and/ or provision serving the development’ had been added.

The Principal Major Development Officer then took the committee through a presentation about the application.

Michael Ward, applicant’s agent, addressed the meeting as follows:

“Thank you Councillors for your time this evening and David, for your summary of the application. My name is Michael Ward, I'm a planning consultant at Strutt and Partner, and I am pleased to be here this evening representing Ptarmigan Land who have been involved with the promotion and planning of this site since 2017.

This site was identified at the early stages of the now adopted Local Plan for release from the Green Belt for 120 homes. During the Local Plan examination Ptarmigan were approached by Hertfordshire County Council Education who are looking for a site to meet school place demand for the south of Hatfield. Ptarmigan agreed to include a two form entry primary school site even though a scheme of this size would only take up about 8% of the new school places. The scheme before you delivers the vision of the allocation and meets all policy requirements. It will deliver 120 new homes with policy-compliant affordable housing.

The primary school site provides the necessary space requirements and has been signed off by Hertfordshire County Council Education. Over 40% of the site comprises green infrastructure including children's play areas and the walk along the southern perimeter of the site will allow public enjoyment and access to the wider countryside connecting to surrounding public Rights of Way. The site will deliver a 23.7% increase in biodiversity net gain, which is above policy requirement.

A substantial package of highway improvements, has been agreed with the Highway Authority and  ...  view the full minutes text for item 172.

Report of the Assistant Director (Planning)

The Principal Development Management Officer took the meeting through a presentation on this application for the installation of a 10 megawatt solar farm with 1.5 megawatts of battery storage, associated landscaping and ecological improvements. The item had been called in by Cllr Moore as it raised sensitive planning matters that would benefit from the Committee’s consideration. Concerns had also been raised about visual impacts and glare on the adjacent nature reserve, and the need to ensure land was returned to its former condition after the lifetime of the development.

Following publication of the officer report, some changes to the conditions were proposed. A new condition was proposed to  move the security fencing; the applicant was willing to relocate the perimeter fencing via a planning condition so it did not intersect with the Wildlife Site at the entrance to the site. The new condition would also allow access for future management of the Local Wildlife Sites and Local Nature Reserves. Two existing conditions were also updated to reflect the fact that this additional information would be provided. The wording of the new condition and amendments to the existing conditions were shown to members in the presentation.

Stuart Downs, applicant’s agent, addressed the committee:

“Good evening, members, my name is Stuart Downs, and I'm a planner representing the applicant for this proposal. We stand at a critical juncture. Climate change poses a severe threat to our way of life, impacting food security, species loss and contributing to poverty, human displacement and severe weather events. In light of this, we are continually reminded of the urgent need to decarbonise our society and shift towards sustainable renewable energy sources. This proposal aims to contribute to that vital transition. The solar installation is a fully privately funded and led initiative, representing an investment of millions of pounds into the national energy grid. As such, the Council can achieve its aims as set out in its declaration of a climate emergency without placing any burden on the taxpayer. The development will deploy 10 megawatts of clean energy within Welwyn Hatfield, sufficient to power over 3,000 homes each year and saving 1,800 tonnes of CO2 emissions annually. In a single stroke this application would nearly triple Welwyn Hatfield’s current renewable energy production, increasing it by nearly 200%. The development site faces no physical limitations that would impede its early progress and a grid connection offer has been secured. Consequently, the scheme possesses the potential to make an early impact to the ultimate goal of reaching net zero by 2050.

Concerns about the visual impact of solar farms have been addressed in this proposal. The site is highly screened with minimal visibility from the nearby land. It adjoins an urban setting on land not currently used for agriculture or leisure. The project will support a new agricultural use between the solar arrays, enhance local biodiversity by 23% and create jobs. The installation is temporary with a 25 year operational period. Therefore, any perceived harm to the Green Belt  ...  view the full minutes text for item 173.

Report of the Assistant Director (Planning)

The Development Management Services Manager introduced the report which sought full planning permission for the residential development of the site for three four-bedroom dwellings, and took the meeting through a presentation. There had been debate as to whether Bell Lane was a village or hamlet; previously some applications had been refused as it was not deemed a village and an appeal decision from 2022 which referenced the then Local Plan took the view that in planning terms, Bell Bar was a village; that was a material consideration in determining this application.

Simon Hansard, applicant's agent, addressed the committee:

“Good evening and thank you for the opportunity to address the Development Management Committee. Your planning officer has prepared a very detailed and comprehensive report addressing all the planning matters which are relevant to this planning application. The conclusion contained within that report recommends the grant of planning permission. Members will be aware that the Council's own annual monitoring report for the year ending March 2023 identified the greatest housing need in the borough to be at least 480 additional family homes each year. However, in the year ending March 2023, only 85 family homes were actually built. In stark contrast the Council's annual monitoring report states that 80% of all new dwellings built in the year ending March 2023 were one and two bedroom flats mainly in Welwyn Garden City and Hatfield. It is therefore clear that the distribution of new housing is unfairly and disproportionately focused in Welwyn Garden City and Hatfield with the provision of one and two bedroom flats dominating the supply.

In February of this year, we received positive pre application advice from the council's planning officers, and we have followed that advice carefully and positively.

It has been confirmed that green belt policy does not apply to this application and confirms that the site is in a sustainable location with local services, facilities, amenities all in close proximity and within walking distance.

In terms of the impact on neighbours, your Planning Officer has confirmed in her report ‘it is considered that the proposed development would not have any significant adverse impacts on the residential amenity of the neighbouring occupiers.’

In accordance with the pre-application advice and the subsequent planning application, your planning officer recommends that the planning permission for the this development should be approved. On behalf of the applicant, we extend our thanks to the Council's Development Management Team.”

Trina Golland, Bell Lane Action Group, addressed the committee:

“Good evening. I'm here to speak on behalf of Home Farm and the many Bell Bar residents who have objected to this application to build three large 4 bedroom, 3 bathroom detached houses on this rural paddock. This is contrary to and undermines the Local Plan. There is a fundamental objection on green belt grounds. Chapter 6 of the Local Plan sets out very clearly the settlement strategy for the borough. Policy SB 3 shows that Bell Bar is one of the small green belt  ...  view the full minutes text for item 174.

Report of the Assistant Director (Planning)

The Chair advised he was predetermined in his support of the application and declared that his wife was Chair of Governors at the school which both his children attended. He would therefore hand over the chairing of this item to the vice chair, would speak to the application as a councillor and then recuse himself for this item.

Cllr Shah took the chair at this point.

The Development Management Services Manager introduced the report. The application was for listed building consent for the installation of replacement windows, doors and glazed screens to the external elevation and entrance lobby. Subsequent to the publication of the agenda pack, further representations had been received which did not raise any new issues. There are three grades of listed buildings and the school fell under the second grade (Grade 2 star listed property) on the Historic England website and had been awarded a RIBA medal. In terms of heritage assets, the National Planning Policy Framework (NPPF) identified two levels of harm that could be given to works to a building: substantial harm or less than substantial harm and consultations. Historic England and Essex Place Services, the Council’s heritage consultants, agreed that the level of harm in this case was less than substantial. The relevant test under the NPPF was that where a development proposal would lead to less than substantial harm to the significance of a designated heritage asset, the harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use. In terms of harm, Historic England, Essex Place Services and officers agreed probably the biggest harm was the loss of the historical fabric (ie the removal of the original windows). Officers had been advised there was insufficient detail to demonstrate the acceptability of the replacement windows, doors and screens; this would normally take the form of detailed drawings that showed glazing details, sections through the windows so it was possible to see their width, and any other details that would feature on the windows. There was also insufficient evidence of other options that did not involve the loss of historic fabric, for example, replacing the glazing but not the frames, or introducing secondary glazing. The replacement windows as proposed would support the thermal efficiency of the building and assist with a more functional and comfortable environment within the school and there would also be the potential for reduced running costs. Having given regard to consultee comments from Historic England and Essex Place Services, it was recommended that due to the level of information provided, neither organisation would support the application as it stood; they would prefer to have more information before making a definitive conclusion, and so the officer recommendation was that the application be refused due to the reasons set out in the report.

Gavin Johnstone, applicant, addressed the committee:

“Good evening, I’m Gavin Johnston, the applicant, and I'm also a parent and a governor at Templewood School. I want to focus in this limited  ...  view the full minutes text for item 175.

Report of the Assistant Director (Planning)

The Development Management Services Manager introduced the report.

Referencing the B& Q site, a member said he understood inspectors took into consideration the site and its relevance to the location within the town and he asked what that meant in terms of what an inspector would decide and what that meant for the value of the site in Welwyn Garden City. Officers advised the site was in an employment area and noted its proximity to a town centre. The member wanted to understand how a site in Welwyn Garden City was valued in comparison to a site elsewhere; officers said the Local Plan and policies map set out bits of land for particular use (eg designated employment areas or housing allocation sites) while other bits of land did not have a particular designation and so were more open for different potential uses. The B&Q site was in an employment area but what was there was not an employment use in planning terms, so housing was an alternative acceptable use.

A member asked about progression with the Emmanuels Farm application. Officers were unable to speculate and advised they were awaiting additional information; they were looking for acoustic testing to determine whether the accommodation was acceptable and if not, what mitigation measures would be needed for it to be acceptable.    

The committee noted the report.

Report of the Assistant Director (Planning)

The committee noted the report.