Agenda item

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

Report of the Corporate Director (Public Protection, Planning and Governance) on the planning permission of the erection of nine flats following the demolition of the existing dwelling on the site. The flats would be incorporated in one larger building, centrally sited in the plot, set back from the front of the plot by approximately 40m. The proposed building would measure approximately 25.8m in width by 22m in depth and 9.7m in height. The building is designed with the hipped main roof and central front gable projection with hipped roof projections to the sides. There would be two flat roof dormer window features to the front, first floor balconies to both the front and rear elevations and a rear facing roof terrace.

There would be four flats each at ground and first floor levels around a central lobby and one within in the roof space. They would be served by a staircase and a passenger lift. The development would be served by a parking and turning area to the front of the building incorporating 15 parking spaces. Access to the highway would be taken from the existing driveway from New Road which would be widened to accommodate two-way traffic.

The application was presented to this Committee on the 17 June 2021, and a further ecological survey of the site was undertaken to address the concerns raised with regards to the potential impact of the development upon badgers.

This application was presented to the Development Management Committee because Welwyn Parish Council had submitted a Major Objection.

Mr P. Hughes, spoke as the agent, stating that the proposed development would be in visual harmony with the area and noted that a very similar development had been approved in the neighbouring site by Welwyn Hatfield Borough Council. Additionally, the proposed development would be larger than the existing property. However, the development was an enhancement due to the high-quality design and appearance. The agent felt the plot of land would comfortably accommodate the development, parking and new planting; the latter would be substantial improvement due to an increase in biodiversity. Furthermore, the parking provisions met the councils’ adopted standards, and the retention of trees and vegetation protected the neighbours’ amenities and local wildlife. The agent noted that there was a lack of objections from the RSPB regarding Badgers or other protected species. The agent stated that the proposal effectively used an existing piece of sustainable land and would boost the supply of housing without intruding into the greenbelt. The development would count toward the Councils housing land supply, and the proposal was compliant with the adopted and emerging Local Plans, the NPPF and national design guidance.

Mr P. Oakenfull, spoke as an objector against the application, stating that his objection was on behalf of the Herts and Middlesex Badger Group. The group maintained that the proposal would have a great impact on badgers in the immediate area, and they would expect the developer to be required to carry out a badger impact assessment. He highlighted the significant difference of opinion found between the developers’ badger assessment and the Herts and Middlesex Badger Groups over whether the Badger sets belonged to one or more badger socials group. Mr Oakenfull provided details on the Herts and Middlesex Badger Group and Digswell Residents Association badger assessment. The Herts and Middlesex Badger Group felt that due to the lack of badger impact assessments conducted that the proposal should be rejected. However, the Herts and Middlesex Badger group proposed some mitigation planning conditions to allow the badgers to continue as they did presently.

Mr S. Archer, spoke on behalf of Welwyn Parish Council. The Parish Council objected to the development, and Mr Archer noted that planning legislation was explicit in where there is a reasonable likelihood of a protected species present, then the extent that species would be impacted by the development must be established before planning permission was granted. Mr Archer highlighted the variation of the Badger presence and Badger sets distance in the reports by Herts Ecology and Herts Wildlife Trust. It was suggested that more work be undertaken with dedicated badger experts to confirm the impact this development would have and mitigation that may be required.

The Chair asked the Legal representative to explain the point raised regarding the impact assessment given before planning permission were granted. The Legal representative stated that all matters are dealt with before planning permission is granted and it is the advice of Natural England that needs to be followed in regard of the badgers. It was noted that Officers had set this out in the report alongside the report from Herts Ecology. The Chair also sought confirmation on the advice that was given by Natural England. The Legal representative stated that Natural England required a survey to be undertaken if badgers are considered to be present, and the survey would have been undertaken to satisfaction of Herts Ecology and to the Officers. Regarding the previous assessments taken, they were reviewed legally and did not accord with Natural England’s guidance. The new assessments undertaken were to Natural England’s guidance.

The Chair asked Martin Hicks, Senior Ecology Officer at Herts Ecology, for his opinion on the issue raised around the badgers as the Council’s Ecological advisor. Mr Hicks explained that specific legislation sought to protect badgers from cruelty and was not focused on conservation. Mr Hicks highlighted that the proposal did not interfere with the welfare of the badgers as their sets were not being damaged. He stated that there was no legal breach as there was no legal requirement to protect foraging routes and corridors, as long as alternatives were available.  If a development was likely to impact and destroy the last foraging area for a badger set, then this could be considered detrimental to the badger’s welfare. However, this is not what was being suggested. Furthermore, Mr Hick stated that the number of Badgers and Badger sets was not a material consideration unless main sets or remaining foraging areas were under threat.  In fact, the proposed increased landscaping scheme would improve foraging for the Badgers. The Ecologist felt that in their professional opinion further studies would not provide relevant additional information that would need to be considered before planning approval could be given.

Members referred to a late submission that stated that a badger set was close to the boundary. Officers stated that the video and supporting information did not have clear information on where the set seen in the video was in regard to the proposed development plot. The Council’s Ecologist informed members that Badgers may use any feature for a set, and there is no evidence that the set seen in the video was the Badger’s main set. As such there was not direct impact on the main set by the proposed development. It was advised that in any event, a further walkover survey could be carried out prior to the commencement of any works on site to establish whether there is any direct harm to new badger setts and inform whether a license would be needed.

Members asked if there would be a pre-commencement survey. Officers informed Members that there was a condition approved for a walk over survey.

Members raised the objection from Welwyn Parish Council with regard to safeguarding the landscape, protecting the wildlife and hedgerows and asked where the policy is in regard to the specific objection. Officers stated that the adopted policy seeks to increase the rural aspect of the site and mitigate against loss of boundary trees and vegetation. Officer stated that the standard procedure was to follow the adopted policy which ensured that no detrimental harm was caused to the landscape and in this instance the proposals were considered to be acceptable.

Members raised questions on whether there was enough space for parking as it had been increased from 12 to 15, including 3 spaces for electric charging. Officers stated that amended plan for parking had been assessed by the Parking Officers and HCC Highways. They found that the proposal did adhere to the parking standards and met the maximum parking provisions of the area.

Members noticed the difference carried out in the assessments. However, the evidence provided by Herts Ecology was more than sufficient to inform the Members on the need and benefit of further studies.

Members asked who would manage and maintain the Badger gate. Officers stated that it was under condition to ensure the gate was maintained for its purpose.

Members raised a question over the refuse on site, and the apparent lack of recycling provision. Officers stated that the Council’s Client Services Team raised no objections to the proposed facilities.

Members expressed support for the proposed development and felt that the design was aesthetically in keeping with the area; and would not look out of place.

Members queried why no energy statement had been submitted. Members also stated that the Council had declared a climate emergency and felt that the development could be more sustainable, by adding solar panels on the large roof-space and make provisions for EV charging spots. Officers stated that a condition could be added for the energy and sustainability statement.

The Chair gave an overview of the main points raised throughout the discussion and concerns raised could be secured by condition.

Following discussion, it was proposed and seconded by Councillors P. Shah and C. Juggins to accept the application and

          RESOLVED:

(11 in favour, 1 abstention, 1 against) 

Subject to conditions set out in the Officer report and,

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

REASON:   To ensure that the development contributes towards Sustainable Development and Energy efficiency in accordance with Policy R3 of the Welwyn Hatfield District Plan 2005 and the National Planning Policy Framework.