Agenda and minutes

To note that the Chairman and Vice-Chairman of the Panel for the 2021/22 Municipal Year were appointed at the Cabinet meeting on 15 June 2021.

It was noted that Councillors S.Kasumu and S.Boulton were appointed Chairman and Vice-Chairman of the Committee for the 2021/22 Municipal at the Cabinet meeting on 15 June 2021.

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

The following substitution of a Committee Member had been made in accordance with Council Procedure Rules:

Councillor G. Ganney for G Michaelides.

An apology for absence was received from Councillor G Michaelides.

To confirm as a correct record the Minutes of the meeting held on 4 March 2021 (previously circulated).

The minutes of the meeting held on 4 March 2021 was 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 this Agenda.

Councillor S. Boulton and S. Thusu declared a non-pecuniary interest in items on the agenda as appropriate by virtue of being Members of Hertfordshire County Council.

Report of the Chief Executive, which sets out the results of the informal consultation pertaining to Handside 4, the statutory consultation and the recommended course of action.

Report of the Chief Executive, which sets out the results of the informal consultation pertaining to Handside 4, the statutory consultation and the recommended course of action.

In April 2018, the Council undertook a parking survey with residents and businesses in Handside, Welwyn Garden City. This followed on from work already completed in the Longcroft Lane and Parkway areas of the Ward. The scope of the survey took in all roads to the west of Parkway and extended south from Brockswood Lane to its boundary with Lemsford Lane. The purpose of the survey was to engage with residents and businesses in seeking their views on parking options for the area.

Owing to the large geographical footprint of the survey, the area was further divided with the third parking consultation (Handside 3) comprising all roads to the east of Handside Lane. Of the responses received, a number cited non-residential long stay parking e.g. commuters, local workers etc. as responsible for creating parking pressure in their roads. The parking survey form offered residents a number of options to choose from; including yellow line waiting restrictions and resident permit parking schemes. Also included was the option ‘Do Nothing’ – leave things as they are. Residents were also given the opportunity to determine on which days and times they would like their restrictions to operate. The survey returns indicated a particularly high demand for resident permit parking (RPPS) schemes in the Guessens and Stanborough areas. A number of other responses also specifically related to safety concerns around schools. As part of this survey, residents were also asked to provide details of where they thought additional parking provision might be provided.

A number of schemes from Handside 3 have now progressed through the statutory consultation phase to full implementation. These include resident permit parking schemes in the Guessens area (Zone A12) and Stanborough (Zone A13), shared use permit parking bays in Birdcroft Road to service the new Surgery, new waiting restrictions in Applecroft Road and a verge protection order covering all remaining areas of Handside.

This particular consultation (Handside 4) takes in the remainder of Handside and comprises all roads to the west of and including Handside Lane; extending from Brockswood Lane to Lemsford Lane.

The following points were raised and discussed:

1.    That the Parking Team works with the congregation from the Synagogue to enable sufficient parking (around Barn theatre, Barn Close) to meet their requirements and have an agreement to relax restrictions around certain events/festivals throughout the year.  The Panel were advised that Officers will be speaking to members of the Synagogue to seek how they can be accommodated.

2.    Clarification was sought on, why the residents of Amethyst Walk and De Soissons Close were over ruled in their desire not to proceed with restrictions, as precedent had been set by Marsden Close and Marsden Green and residents from this area were looking for a post six month consultation with the Council; could this be explained?  It was noted that De Soissons Close  ...  view the full minutes text for item 6.

Report of the Corporate Director (Public Protection, Planning and Governance) on a response to North Hertfordshire District Council – District Plan main modifications consultation.  The current consultation is scheduled to run for six weeks. Consultation on the Further Proposed Main Modifications, the Sustainability Appraisal Addendum and the additional work submitted to the examination by the Council commenced on Wednesday 12 May and ends on Thursday 24 June 2021. 

Report of the Corporate Director (Public Protection, Planning and Governance) on a response to North Hertfordshire District Council – District Plan main modifications consultation.  The current consultation is scheduled to run for six weeks. Consultation on the Further Proposed Main Modifications, the Sustainability Appraisal Addendum and the additional work submitted to the examination by the Council commenced on Wednesday 12 May and ends on Thursday 24 June 2021. 

North Hertfordshire District Council (NHDC) is in the final stages of finalising its Submission Local Plan and is carrying out consultation on Further Main Modifications to the North Herts District Plan.

The Plan was submitted for examination on 9 June 2017 and an independent Planning Inspector examined the plan over a course of Hearing Sessions.

The North Herts District Plan covers a 20 year plan period from 2011 to 2031 and identifies how North Herts will meet their needs over the period to 2031, 10 years from the anticipated date of adoption. It is the intention of NHDC to conduct to an early, whole or in part plan review to consider longer-term requirements of the District and surrounding areas as per the requirement of the Duty to Co-operate.

Main Modifications are the mechanism by which an Inspector may fix, or ‘make sound’ those parts of the Local Plan submitted for examination which are not considered fit for purpose. NHDC have previously proposed a number of Main Modifications which precede this current set of Further Modifications.  

The Further Main Modifications currently being consulted upon are a result of further hearing sessions held in late 2020 and early 2021 by the North Herts District Plan Inspector.

The following points were raised and discussed:

1.    The Council’s response has already been sent and the purpose of the report was to note the report but also provide an opportunity for Members to comment when the agenda was published.

2.    Reference was made to paragraph 3.9 of the report in respect of ‘The modifications include a decreased housing target from 14,000 to 13,000 over the period 2011-2031 which is based on a revised Objective Assessment of Housing Need (2018-based OAN figure) which reduced the need for housing in North Herts from 13,800 to 11,5002 homes and is supported by the revised trajectory for housing delivery in the District.’ Members hoped for a similar affect when WHB Council’s OAN is released.  Noted that a precedence has been set by the Inspectorate for the use of the ONS 2018 projections.

3.    Clarification was sought on the delay to the receipt of the Inspector’s report to this Council’s OAN following the Stage 9 Hearing Sessions and it was confirmed that the reason was for the delay has been the process and a response should be forthcoming.

RESOLVED:

(Unanimously)

That the Cabinet Planning and Parking Panel note the consultation response provided.

Report of Corporate Director (Public Protection, Planning and Governance) on the Article 4 Direction – Employment Sites.  This Article 4 Direction was made on 01 February 2021 with a proposed start date on 01 February 2022. A public consultation was undertaken and following analysis of the results of this, it is proposed that the Article 4 should be confirmed, so that it will take effect on 01 February 2022.

Report of Corporate Director (Public Protection, Planning and Governance) on the Article 4 Direction – Employment Sites.  This Article 4 Direction was made on 1 February 2021 with a proposed start date on 01 February 2022. A public consultation was undertaken and following analysis of the results of this, it was proposed that the Article 4 should be confirmed, so that it will take effect on 01 February 2022.

Article 4 Directions enable local planning authorities to remove specific permitted development rights on identified sites, which means that if any such development is proposed, planning permission must be applied for in the normal way. Following consultation and member decision, the Council confirmed an Article 4 Direction to remove the permitted development (PD) right enabling offices to be converted to residential uses on the four most significant employment sites in the borough. This Article 4 came into effect on 12 October 2020.

In August 2020, the Government introduced a new permitted development right, which would allow owners of buildings used for employment to demolish their buildings and replace them with purpose built blocks of flats or individual dwellings. Whilst the PD right was new, the effect on the supply of employment space would be the same, so Cabinet agreed to consult on a second Article 4 Direction which would remove this new right on the same sites. 

This Article 4 Direction was made on 01 February 2021 with a proposed start date on 1 February 2022. A public consultation was undertaken, and following analysis of the results of this, it is proposed that the Article 4 should be confirmed, so that it will take effect on 01 February 2022.  Members were consulted on this.

The Officer drew attention to paragraph 3.10 of the report in respect of Article 4 Directions related to housing should “be limited to situations where this is essential to avoid wholly unacceptable adverse impacts” and “apply to the smallest geographical area possible”. Whilst this is still a draft, it is clear that Government is concerned that Article 4 Directions related to housing may be restricting the supply of housing and should not be used excessively.

Separately, it was noted that due to other recent changes to Permitted Development made by Government, the existing Article 4 Direction covering converting offices to residential, which came into effect in October 2020 - will cease to have effect from July next year.  Legal advice is being taken on the best and most efficient way to replace it but it is likely that this matter will shortly be presented to this Panel in order to obtain a new formal resolution.

Members had supported Article 4 Directions protecting employment in the past.  It was confirmed that this has been an excellent result for the Borough.  Members noted the report and agreed the recommendation.

RESOLVED:

(Unanimously)

(1)  That Cabinet Planning and Parking Panel notes the results of the public consultation which took place for six weeks in February and March 2021.

(2)  That Cabinet  ...  view the full minutes text for item 8.