Agenda item

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

The report of the Executive Director (Public Protection, Planning and Governance) setting out the application seeking planning permission for the erection of 72 residential units in the form of apartments and detached and semi-detached housing together with a commercial building which would include four retails units at ground floor level and office space above.

The application had been presented to the Development Management Committee as the development was a departure from the 2016 Draft Local Plan Proposed Submission.

Officers reported an amendment to the first reason for refusal from Policy SAD1 to SADM1.

Neil Osborn (Agent) spoke in support of the application.

Members raised the following concerns during the discussion which ensued.

•        Employment land which was needed in the Borough was being used for housing. 

•        The future provision for employment land was in the existing Local Plan.  And should be protected in the emerging local plan.

•        Housing, especially social housing, was much needed for local residents in Welham Green and across the Borough.

•        The proposed housing was in the wrong location.

•        The vibrate business community in Welham Green would be affected by the proposed development.

•        There was increased pressure for employment land to be used for housing.  The Council needed to protect against this.

•        The existing factory building was in a state of disrepair and had been vacant for a number of years.

•        This was the first time that the Council had been seen to argue to protect employment land across the Borough.

•        Should the proposal go ahead, there was an increased risk of flooding.  Woolmer Green had a history of flooding in that area.  The road was prone to flooding, particularly on the bend near to where the proposal was located.

•        Traffic was a constant problem.  The road through Woolmer Green was often used as a diversionary route when a major incident occurred and the A1(M) was closed.

Some Members were of the view that as the site had been vacant for three years it was not a vital employment land.  If it were a business would be operating there.  An existing Local Plan was in place which had been adopted by the Council and this application was in line with that Plan.

The Chairman reminded Members that previous applications that had been approved by the committee for development on employment land have been approved when the remainder of the site could be converted to residential use without planning permission under permitted development rights.

In response to a question from a Member, Officers advised that the Council had asked for an extension of time to be able to obtain a response from the Lead Local Flood Authority on the impact the proposed development would have on potential flooding. However the agent had not been willing nor able to agree to an extension of time.

Officers went on to advise that the site was not vacant as there were currently four people employed there.

The Chairman summarised the Committee’s main concerns as follows.

•        The Committee was not satisfied that the drainage issue and potential flooding which may result from the proposed development of the site had not been resolved. 

•        The applicant had not agreed an extension of time to allow for the leading drainage authority to properly assess the potential impact of the proposed development on the surrounding area and highway.   

•        The Committee was reluctant to agree that permission was granted as the proposal was not in accordance with the emerging local plan.

It was proposed by Councillor N.Pace, seconded by Councillor J.Cragg and

RESOLVED:

(11 voting for and 3 against)

That planning permission for the application relating to Entech House, London Road, Woolmer Green SG3 6JE - 6/2017/0848/MAJ - erection of 72 residential units be refused for the following reasons .

1.         The application site is designated as an Employment Area within the Emerging Local Plan Proposed Submission 2016 where that policy resists the loss of employment land from Class B to other uses unless certain criteria have been met.  The marketing undertaken has not covered a sufficient period of time to demonstrate that there is no reasonable prospect of the site being used for an employment purpose and the applicant has failed to clearly demonstrate to the satisfaction of the Local Planning Authority that the marketing undertaken has been active, extensive or realistic.  Additionally the proposal could potentially undermine the strategy in the Local Plan and could prejudice the continued use of the designated employment area and would not provide facilities supportive of Class B uses.  It is also considered that the redevelopment of this site in a residential use is likely to result in the disproportionate growth of Woolmer Green.  Accordingly the proposed development is contrary to policies SADM 1 and SADM 10 of the Draft Local Plan Proposed Submission 2016, the Council’s Evidence Base for Employment and the National Planning Policy Framework.

2.         The proposed development is contrary to the Council’s Draft Local Plan Proposed Submission 2016 and as a result of the worsening position on employment floorspace within the Borough together with the issues around the quantum of unplanned windfall development that this application would bring about, the proposed development would undermine the plan making process by pre-determining decisions about the location of employment and residential development that are central to the plan where that plan is at an advanced stage although not yet formally part of the development plan for the Borough.  Accordingly the development is contrary to the National Planning Practice Guidance.

3.         The submitted Flood Risk Assessment does not provide a suitable base for an assessment to be made of the flood risks arising from the proposed development and demonstrates that the development would not increase the flood risk elsewhere.  Accordingly the proposed development poses a threat to the quality of both surface and /or groundwater, contrary to Policy R7 of the Welwyn Hatfield District plan and the National Planning Policy Framework.

4.         The applicant has failed to satisfy the sustainability aims of the plan and to secure the property planning of the area by failing to ensure that the development proposed would provide a sustainable form of development in mitigating the impact on local infrastructure and services which directly relate to the proposal and which is necessary for the grant of planning permission.  The applicant has failed to provide a planning obligation under Section 106 of the Town and Country Planning Act 1990 (as amended).  The Local Planning Authority considers that it would be inappropriate to secure the required financial and non-financial contributions by any method other than a legal agreement and the proposal is therefore contrary to the National Planning Policy Framework and Policies IM2, M4 and H7 of the Welwyn Hatfield District Plan 2005 and Policy SP 7 of the Draft Local Plan Proposed Submission 2016.

Summary of reasons for refusal of permission

The decision has been made taking into account material planning considerations and where practicable and appropriate the requirements of paragraphs 186-187 of the National Planning Policy Framework (see Officer’s report which can be inspected at these offices).

REFUSED DRAWING NUMBERS