Agenda and minutes

To note any substitution of Committee Members in accordance with Council Procedure Rules 19 – 22.

The following substitution of a Panel member had been made in accordance with Council Procedure Rules 19-22.

Councillor M.Larkins for G.Hayes.

To note apologies.

An apology for absence was received from Councillors G.Hayes.

To confirm as a correct record the Minutes of the meeting held on 13 July 2017 (previously circulated).

The Minutes of meeting held on 13 July 2017 were approved as a correct record and signed by the Chairman.

Report of the Executive Director (Public Protection, Planning and Governance) on the Community Infrastructure Levy (CIL) which is a locally set planning charge that local authorities can choose to implement to raise contributions from new housing and other development towards the delivery of necessary supporting infrastructure.

This item was withdrawn and an updated report will be considered at a future meeting.

Report of the Executive Director (Public Protection, Planning and Governance) on the requirement to prepare a Brownfield Land Register.

Members received a report of the Executive Director (Public Protection, Planning and Governance), which summarised the requirement of the Government’s new legislation required planning authorities to prepare a Brownfield Land Register, although only published detailed guidance on how to go about doing so and the data requirements on 28 July 2017. The Brownfield Land Register (BLR) has to be published by 31 December 2017.

The Government wants to ensure that 90% of suitable brownfield sites have planning permission, which could be in the form of permission in principle, for housing by 2020.  The Register will comprise a list of brownfield sites in the Borough considered suitable for housing development.  It was noted that the councils can be designated a ‘poor performing planning authority’ if this percentage is not achieved.  Clarification was sought on how some sites would secure planning permission through the normal planning application route and others would need to be submitted by the Council to the Council to secure permission in principle through part 2 of the Brownfield Register. Members were advised that the Planning Authority would engage with the landowner at this stage to seek to cover the Council’s costs.

The Regulations stipulate that BLRs should have two parts.  Part 1 being effectively a list of brownfield sites within a local authority area which are likely to be able to come forward for development within a 15 year period.  Part 2 of the Register comprises those sites to be given permission in principle. Members were advised that some sites considered will be discussed at the Borough’s Development Management Committee in line with the Council’s procedures.  This Panel will have an opportunity to view the list at the CPPP December meeting.  Once a site has permission-in-principle it will only need to go through a technical detailed consent process to get full planning permission.  The Government believes this will offer greater comfort to landowners/developers and increase housing delivery across the country.

Concern was expressed in respect of type of development and what could be built on the sites identified.  Also a question was raised regarding the Council contacting and dealing with highways, water authority and utility suppliers before granting permission in principle. 

As the preparation of the Brownfield Land Register is a new duty it was requested that Officers email all Members a summary of the new legislation and on the report on the Self-build and Customer Housebuilding Register below.

RESOLVED:

That this Panel notes the Council’s new duty to prepare a Brownfield Land Register and proposed process for doing so set out in the report, including the site screening site information templates in Appendix 1 and 3.

Report of the Executive Director (Public Protection, Planning and Governance) on the Council’s Register which currently operates and summarises the current level of demand.

The report of the Executive Director (Public Protection, Planning and Governance) explained how the Council’s Register currently operated and summarised the current level of demand.

Since 1 April 2016 and consistent with its legal duty, the Council had publicised and maintained a Register of individuals and associations of individuals who wished to acquire serviced plots of land for Self-build and Custom Housebuilding in the Borough.

This was part of the Government’s strategy to increase housing delivery and was referred to in the Housing White Paper as a means of providing more choice in the market.

A legal duty to grant development permission for enough serviced plots to meet the demand for Self-build and Custom Housebuilding in the Borough had come into force. Regulations set out the time for compliance with the duty and provided relevant authorities with the option of introducing new local eligibility conditions (subject to consultation) and a fee to enter into and remain on the Register.

Members were advised that the term Self-build was being used to describe a situation where individuals or groups are involved in creating their own home.  The amount of personal involvement in the project could vary from directly organising the design and carrying out the construction to commissioning people to construct the home via a developer/enabler.  It can also be a group of people setting themselves up as an organisation to construct a number of homes.

Further consideration was given to the eligibility for Part 2 of the Register – whereby applicants would be eligible for entry onto this Part 2 if they met all of the eligibility criteria apart from a local connection test.  It was noted that persons entered onto Part 2 of the Register would not count towards the assessment of local demand for Self-build and Custom Housebuilding for the purposes of section 2A of the Act, which requires authorities to grant sufficient development permission to meet that demand.  However, regard would still have to be paid to the full Register, even if it is split into Part 1 and Part 2.

Members asked about the demand for Self-build in the Borough and raised questions in respect of gardens being divided for development.  Persons serving in Armed Forces would not need to meet the residency test.

The report also made recommendations about the introduction of local eligibility conditions and made draft proposals for the introduction of a fee for applicants to enter into and remain on the Register (to be introduced at a later date).

RESOLVED:

(1)          That the proposed eligibility conditions, including a local connection and a financial resources test, be agreed by the Cabinet and made available for consultation for a six week period on the Council’s consultation portal.

(2)          That Officers report the results of the consultation back to the Panel, together with a schedule of any recommended changes as considered appropriate.

(3)          That the Panel notes the draft proposal for a fee to be set by the Council for applicants to enter the Register and  ...  view the full minutes text for item 14.

Report of the Executive Director (Public Protection, Planning and Governance) on the Greenspace Action Plan (GAP) being prepared for Cole Green Way by the Countryside Management Service (CMS) on behalf of Hertfordshire County Council (HCC).

Members considered a report of the Executive Director (Public Protection, Planning and Governance) on the Greenspace Action Plan (GAP) which is being prepared for Cole Green Way by the Countryside Management Service (CMS) on behalf of Hertfordshire County Council (HCC).

The report noted that Cole Green Way is a 6.2km non-motorised transport route following the former Hertford to Welwyn Garden City branch line.  It provides a traffic-free connection between Hertford and Welwyn Garden City connecting at both ends to link to the respective town centres and forms part of the Sustrans National Cycle Network Route 61.  The GAP will focus on the section of Cole Green Way between Hertford and the A414 which is owned by HCC and will make recommendation for the management of the remainder of the route.

The briefing document has been produced as a first stage of engagement on the GAP.  This report summarised the GAP briefing document and set out the proposed officer response to the consultation.

Members were advised that the consultation on the briefing document was open until Thursday 12 October.  Officered had considered the document and the proposed response was circulated within the report.  Members asked whether it would be helpful to have half of the path gravel and the other as tarmac.  The Tenants Panel Members raised the issue of wheelchair users and the route being accessible in all weathers; also the route needs to be safe and protect and environment.  It was suggested that more information was required and Officers advised that this was a scoping document and further information would be produced and consulted upon.

RESOLVED:

1.                  That this Panel notes that a Greenspace Action Plan is being prepared for Cole Green Way by the Countryside Management Service on behalf of Hertfordshire County Council.

2.                  That this Panel notes the proposed approach of the Countryside Management Service to preparing the Greenspace Action Plan, particularly the stakeholder engagement strategy, as well as the outline proposals for Cole Green Way as set out in the briefing document.  

3.                  That this Panel agrees the proposed Officer response to the Cole Green Way Greenspace Action Plan briefing document consultation. 

Update to be provided at the meeting on the Local Plan Examination.

The Officers provided a verbal update on the Local Plan Examination and the following points were discussed:

·         The legal tests with regards to consultation and the Local Development Scheme had been met.

·         The Inspector had reserved his position on the Duty to Cooperate.

·         The main issues/criticism has been around the Council’s co-operation with St Albans District Council who had its Local Plan dismissed on these grounds.  They are the only local authority that has suggested that the Borough has not complied with the duty to co-operate.

·         The need for housing and the proposed number of housing would be considered at the next session.

·         The Local Plan examination is being webcasted.

·         The next session will commence on 24 October 2017.