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Agenda and minutes

Venue: Council Chamber, Civic Offices, Elstree Way, Borehamwood, Herts, WD6 1WA

Contact: Allan Siao Ming Witherick  020 8207 7806

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Items
No. Item

298.

Membership

To receive details of any change in Membership of this Committee notified since the agenda was printed.

Additional documents:

Minutes:

Councillor Merchant substituted for Councillor Turner.

Councillor Choudhury substituted for Councillor Graham.

299.

Communications and Apologies for Absence

(a) Communications (if any) relating to business on the agenda.

(b) Apologies for absence.

Additional documents:

Minutes:

Officers had tabled papers detailing amendments and additional information in connection with the applications on the agenda, copies of which had been made available to members of the committee, the press and the public.

 

Apologies for absence had been received from Councillors Turner, Graham and West.

300.

Declarations of Interest

Members are required to declare any disclosable pecuniary interests they or their spouse/partner have in any matter which is to be considered at this meeting.  Members must also declare any other pecuniary or non-pecuniary interests they have in any matter to be considered at this meeting. The responsibility for declaring an interest rests solely with the member concerned.

 

Members must clearly state to the meeting the existence and nature of any disclosable pecuniary interest, other pecuniary interest or non‑pecuniary interest and the agenda item(s) to which it/they apply.

 

Disclosable Pecuniary Interests are prescribed by the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 as follows;

 

Employment, office, trade, profession or vocation

Any employment, office, trade, profession or vocation carried on for profit or gain.

 

 

 

Sponsorship

Any payment or provision of any other financial benefit (other than from the relevant authority) made or provided within the relevant period in respect of any expenses incurred by a member in carrying out duties as a member, or towards your election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

 

 

Contracts

Any contract which is made between the relevant person (or a body in which the relevant person has a beneficial interest) and the relevant authority— (a) under which goods or services are to be provided or works are to be executed; and (b) which has not been fully discharged.

 

 

Land

Any beneficial interest in land which is within the area of the relevant authority.

 

 

Licences

Any licence (alone or jointly with others) to occupy land in the area of the relevant authority for a month or longer.

 

Corporate tenancies

Any tenancy where (to the member’s knowledge) - (a) the landlord is the relevant authority; and (b) the tenant is a body in which the relevant person has a beneficial interest.

 

 

Securities

Any beneficial interest in securities of a body where - (a) that body (to the member’s knowledge) has a place of business or land in the area of the relevant authority; and (b) either (i) the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or
(ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

 

In cases of disclosable pecuniary interest, Members must withdraw from the meeting room while the matter is being considered.

 

Predetermination

 

A Member who has publicly expressed a final view on a planning matter, prior to the meeting at which a decision or formal recommendation is to be made, should withdraw from the meeting for the item concerned.  For more details see the Code of Conduct for Members and Officers dealing with Planning Matters (Section 5.7 of the Constitution).

 

 

 

 

Additional documents:

Minutes:

No members had an interest to declare in relation to the agenda items for this meeting.

301.

Minutes pdf icon PDF 107 KB

To approve and sign the minutes of the meeting of the Planning Committee held on 11 October 2018 and continued on the 15 October 2018.

 

In accordance with the Constitution no discussion shall take place upon the minutes, except upon their accuracy.

Additional documents:

Minutes:

RESOLVED that the minutes of the meeting of the Planning Committee held on 11 October 2018 and continued on 15 October 2018 be approved and signed as a correct record.

302.

Planning Applications for Determination at the Meeting pdf icon PDF 107 KB

NOTE

 

All the recommendations set out in the reports on this agenda have been endorsed by a Development Team Manager.

 

If a Committee is minded to reverse an Officer’s recommendation contrary to the provisions of the Hertsmere Local Plan, the application shall be referred to the Planning Referrals Committee for determination.

 

Report of officers on planning applications.

Additional documents:

Minutes:

Consideration was given to the planning applications listed at Item 5 of the agenda and the amendments and additions sheet as tabled by officers.

 

The Chair announced that following discussions at the technical meeting one of the applications was being considered for deferral and that as such the agenda be reordered.


RESOLVED that the Item 5E, 18/0718/MPO The Crown, 1 Shenley Road, Borehamwood, WD6 1AA, be taken first.

303.

18/0718/MPO The Crown, 1 Shenley Road, Borehamwood, WD6 1AA pdf icon PDF 150 KB

Additional documents:

Minutes:

The Chair noted that a number of questions had been raised during the Planning Technical Meeting of 6 November 2018 and that for Members to make a sound decision further information was required.

 

RESOLVED that the Committee agree to defer Item 5E, 18/0718/MPO The Crown, 1 Shenley Road, Borehamwood, WD6 1AA without debate so that further information and revised reports can be brought before Members.

304.

18/0937/OUT 21 Oakmere Avenue, Potters Bar pdf icon PDF 150 KB

Additional documents:

Minutes:

Noted the receipt of additional information as set out in the tabled addendum.  The Officers provided a presentation to the Committee and reported that the Planning Inspectorate had agreed an extension to allow the Committee response to be submitted.

 

Ann Harrison of Park Avenue, Potters Bar spoke against the application, as a neighbour.

 

The Committee noted with concern that the application had not been assessed within the statutory time frame and that this negatively impacted the Committee’s ability to influence the application.  The application had been raised by Members with the Officers months ago and something had clearly gone wrong with the process.

 

The Committee agreed that the application should be refused in line with the Officer recommendation as it was quite clearly non-policy compliant with the Council requirement for affordable and social housing provision.  The level of harm caused by the application was disproportion to any benefit and would compromise the nature and character of the area where it was proposed.  It would have a negative impact on the green and open nature of the neighbourhood which traditionally benefitted from long gardens.

 

The Committee also raised issues with access to the site as it was located off of a narrow road.  The removal of number 21 would break up the existing street scene and concerns were raised with regards to whether the Highways Officers had inspected the site prior to the report due to the lack of passing spaces.  The location was in a Controlled Parking Zone area due to congestion which would be exacerbated for the construction period, especially during the rush hour period.

 

It was felt that there had been a lack of engagement with the Council and that this was reflected in the inappropriateness of the application.  Should the inspector be minded to grant there were significant concerns with regards to Highways access and that appropriate conditions would need to be applied.

 

RESOLVED that had an appeal of non-determination not been lodged that planning permission would have been REFUSED for the reasons set out in the Officer’s report and the tabled addendum.

[A joint presentation was given by Officers for Item 5b and 5c and the Speakers heard before the joint deliberations.]

305.

18/0155/FUL The Green Man, 238 High Street, Potters Bar, EN6 5DB pdf icon PDF 121 KB

Additional documents:

Minutes:

Noted the receipt of additional information as set out in the tabled addendum.

 

Dr Bob Newell of Saunderton Vale, High Wycombe spoke in favour of the application as agent for the applicant.

 

The Committee welcomed the application and the sympathetic development of the listed building but queried whether the level of parking provision was viable, even allowing for the level of discounting due to the location of the site.  Suggestions were made as to alternative locations and options which might increase the number of available spaces as currently it was less than one space per proposed property.  The Committee was also keen to see provisions included for disabled access and for potential electric charging points to be fitted.  Officers confirmed that they could add a condition for a parking management plan and to require passive ducting in preparation for electric charging.

 

The Committee raised concerns over the possible conversion of the office space to flats at a future point.  Officers reported that there was currently no condition or restriction that they could recommend which could prevent a future conversion.  The Committee inquired as to the separation of the affordable housing entrance and were informed by Officers that this was often a requirement from providers as it made it easier for them to manage the communal areas.

 

RESOLVED that planning permission be GRANTED subject to the conditions set out in the Officer’s report and the tabled addendum and with an additional conditions below:

 

PRIOR TO THE FIRST OCCUPATION OF THE DEVELOPMENT HEREBY PERMITTED, a plan detailing the location of the passive ducting to be used for the charging of electric vehicles shall be submitted and approved in writing by the local planning authority.  BEFORE FIRST OCCUPATION OF THE DEVELOPMENT, the ducting shall be installed and made available for use.

 

Reason:

To ensure that adequate provision is made for the charging of electric vehicles to comply with the NPPF 2012, Policy CS25 of the Core Strategy 2013, Policy SADM40 of the Site Allocations and Development Management Policies Plan 2016 and the Parking Standards SPD 2014.

 

 

NOTWITHSTANDING THE SUBMITTED PLANS, PRIOR TO FIRST OCCUPATION OF THE DEVELOPMENT HEREBY PERMITTED a parking management plan shall be submitted and approved in writing by the local planning authority.  The details shall include the provision of 1:1 parking for the 18 new residential units, the provision of 2 disabled parking bays and details of the parking allocation for both the market and affordable housing.  The development shall be implemented in accordance with the details as approved.

 

Reason:

To ensure adequate off-street parking provision at all times so that the development does not prejudice the free flow of traffic or the conditions of general safety along the adjacent highway, or the amenities and convenience of existing local residents.  To comply with Policy SADM40 of the Site Allocations and Development Management Policies Plan 2016 and Policies CS24 and CS25 of the Hertsmere Core Strategy 2013.

306.

18/0156/LBC The Green Man, 238 High Street, Potters Bar, EN6 5DB

The details of this application are covered in the report for Item 5B, application number: 18/0155/FUL The Green Man, 238 High Street, Potters Bar, Hertfordshire EN6 5DB.

Additional documents:

Minutes:

Noted the receipt of additional information as set out in the tabled addendum and as linked to the main planning application, Item 5b, 18/0155/FUL The Green Man.

 

The Committee, having debated their areas of concern on the site as a whole during their deliberations on Item 5b, 18/0155/FUL The Green Man, agreed that the listed building consent to support the application be granted.

 

RESOLVED that listed building consent be GRANTED subject to the conditions set out in the Officer’s report and the tabled addendum.

[At 7:12pm at the end of the previous item the Chair adjourned the meeting.]

[At 7:20pm before the start of the next item the Chair resumed the meeting.]

307.

18/1446/FUL Land To The Rear Of 21, Neville Close, Potters Bar, EN6 2AG pdf icon PDF 159 KB

Additional documents:

Minutes:

Noted the receipt of additional information as set out in the tabled addendum.

 

Mr Lennon of Neville Close, Potters Bar, spoke against the application on behalf of themselves and local residents.

 

Mr Iginla of Urbanissta spoke in favour of the application as agent for the applicant.

 

The Committee queried the following points to which officers responded:

-       The existing dropped kerb provided a narrow access to the parking spaces and the proposal afford limited manoeuvrability.  It would be difficult to put a condition requiring its expansion as it was pre-existing.  The property would not be eligible for permits in the CPZ.

-       The previous use was misstated as “non-applicable” when it should be “back garden” and the boundary varied from previous applications.  Both sites fell under a single ownership and therefore this was not a material consideration provided sufficient amenity space was provided for each.

-       Flooding near to the sites was raised as a concern and additional evidence had been submitted both by objectors and by the applicant.  Thames Water had confirmed that they would not comment on the application due to its size, but would require an application to connect to the public sewer.

-       Members believed that some of the reasons given for refusal by the Planning Inspector in Appeal Decision APP/N1920/W/16/3157937 with regards to application 15/1518/FUL were still extant.

 

Councillor S Quilty proposed, seconded by Councillor R Lyon that the application be refused on the basis that the application was not of a suitable size or bulk given its location and that the removal of trees would change the character of the area.

 

RESOLVED that planning permission be REFUSED as the proposed development would by reason of its detached nature, scale, size, bulk, out of keeping ridgeline and poor parking arrangement, harm the character and appearance of the area and would not seek to ensure high standards of design constant with the character of its surroundings. This application is considered contrary to Policy CS22 of the Core Strategy 2013 and Policy SADM30 of the Site Allocations Development Management Plan 2016.

308.

18/1468/FUL 201 Watling Street, Radlett pdf icon PDF 153 KB

Additional documents:

Minutes:

Noted the receipt of additional information as set out in the tabled addendum.

 

Mandy Owen of Boyer, Wokingham, Berkshire, spoke in favour of the application as agent for the applicant.

 

The Committee questioned whether the rents being set were realistic in the current climate as a similar development nearby had let their retail units.  They recognised that some advertising had been undertaken and noted that when the site had been granted planning permission the retention of community facilities had been important.

 

Officers confirmed that regular reports during the period of advertising had been made to the council.  These had been reviewed by Officers and additional information requested at various points.  This had been summarised in the covering report to the Committee.

 

The Committee also noted that they were not clear on the fenestration and frontage proposed for the flats should the change of use be granted.

 

Members raised the concern that overall the approach represented a challenge to Council policy, rather than to the process, as there appeared to be no way to apply any form of clawback.  Had the original planning application been for the whole building as dwellings then it would not have been compliant with the social and affordable housing policy.

 

Councillor J Newmark proposed, seconded by Councillor P Choudhury that the application be deferred on the basis of public interest and the level of information provided to the Committee.

 

RESOLVED that the Committee agree to defer Item 5F, 18/1468/FUL 201 Watling Street, Radlett without further debate on the basis of public interest so that further information, including but not limited to details of the rate that it was marketed at, copies of the reports and the detailed treatment for the frontage of the proposal, can be brought before Members.

309.

Planning Appeals: current position pdf icon PDF 114 KB

To receive the attached lists for information.

Additional documents:

Minutes:

Noted the current planning appeals and appeal decisions as set out at Item 6 of the agenda.

310.

Any Other Business that the Chair considers Urgent

In accordance with Section 100B(4) of the Local Government Act 1972, amended by the Access to Information Act of 1985, no urgent business may be raised unless it has been approved by the Chairman.  The item and reason for urgency must be announced at the start of the meeting.

Additional documents:

Minutes:

There was none.

311.

Date of Next Meeting

Future meetings are scheduled to take place at 6pm at the Civic Offices, Elstree Way, Borehamwood, as follows:

·         13 December 2018 (rescheduled from 6 December 2018)

·         10 January 2019

·         7 February 2019

·         14 March 2019

·         11 April 2019.

Additional documents:

Minutes:

The next meeting was scheduled for Thursday 13 December 2018 at 6pm.

312.

Exclusion of the Public

Recommendation that under Section 100A(4) Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I, Schedule 12A to the said Act:-

 

Part II Agenda Item

Paragraph in Schedule 12

10

Proposed enforcement action

6

 

Additional documents:

Minutes:

Resolved that under Section 100A(4) Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I, Schedule 12A to the said Act:-

 

Part II Agenda Item

Paragraph in Schedule 12

10

Proposed enforcement action

6

 

313.

Proposed enforcement action

To consider officer report PLA/18/03.

Minutes:

The officers presented the report showing the planning history of the site including past application and enforcement notices previously served.

 

The Committee recognised the negative impact caused and queried that all other options had been exhausted.  Officers confirmed that as the Enforcement Notice had been ignored direct action represented a last resort solution and that costs would be sought.

 

RESOLVED that the recommendation set out at Paragraph 1.1 and 9.1 of Report No. PLA/18/03 be agreed.

 

[Action:  Planning Enforcement and Appeals Team Leader]