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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

Items
No. Item

378.

Membership

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

Minutes:

Councillor Merchant substituted for Councillor Graham.

379.

Communications and Apologies for Absence

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

(b) Apologies for absence.

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 Councillor Graham.

380.

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).

 

 

 

 

Minutes:

Councillor J Newmark declared a non-pecuniary interest in Item 5C, 18/1994/FUL The Royal British Legion, Cotton Road, Potters Bar, Hertfordshire, EN6 5JG, as a member of the Royal British Legion.

 

Councillor M Worster declared a non-pecuniary interest in Item 5C, 18/1994/FUL The Royal British Legion, Cotton Road, Potters Bar, Hertfordshire, EN6 5JG, as a member of the Royal British Legion.

381.

Minutes pdf icon PDF 92 KB

To approve and sign the ATTACHED minutes of the meeting of the Planning Committee held on 13 December 2018.

 

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

Minutes:

RESOLVED that the minutes of the meeting of the Planning Committee held on 13 December 2018 be approved and signed as a correct record.

382.

Planning Applications for Determination at the Meeting pdf icon PDF 103 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.

3821.

18/1682/FUL Elstree Lawns Nursing Home, Barnet Lane, Elstree, Hertfordshire, WD6 3RD pdf icon PDF 82 KB

Additional documents:

Minutes:

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

 

Mr Henley on behalf of Fusion Residential, London spoke in favour of the application for the applicant.

 

The Committee noted the differences with previous applications presented by Officers.

Reservations remained about the lack of affordable housing for a development in an area where it was needed.  The Committee were reassured by Officers that the independent assessment of the viability of the development proposals had been completed on behalf of the Council.  This had included challenging the Developer’s Expert for further information.  The Officer recommendation was that this was dealt with through the Section 106 agreement with an uplift clause

 

RESOLVED that planning permission be GRANTED subject to the conditions set out in the Officer’s report and the tabled addendum and inclusion of the review mechanism in the Section 106 agreement.

3822.

18/1547/FUL Ridge Hill Stables, Rectory Lane, Shenley, Hertfordshire, WD7 9BG pdf icon PDF 99 KB

Additional documents:

Minutes:

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

 

Mr Warner of Fisher German, Bedford spoke in favour of the application as Planning Consultant for the Applicant.

 

The Committee discussed a number of issues:

-       The application was seen as a good use of land and it was recognised that there was insufficient demand for the stables which were currently at the site.  There were concerns due to the proximity to the M25.

-       Drainage issues were recognised, including the discharge of surface water/treated effluent which had been queried by the County Council.  Officers noted that Condition 15 would require the drainage scheme to be approved and that they would address the County Council concerns.  Separately the applicant would require an Environmental Agency permit.

-       Clarification was given by Officers that although the site was over 0.5 hectare the Developer had shown that affordable housing provision was not viable.  This had been addressed through a clawback although Members expressed reservations.

 

RESOLVED that planning permission be GRANTED subject to the conditions set out in the Officer’s report and a revision to Condition 15 to make clear that the development would have to be drained to Sustainable Urban Drainage principles as appropriate.

3823.

18/1994/FUL The Royal British Legion, Cotton Road, Potters Bar, Hertfordshire, EN6 5JG pdf icon PDF 114 KB

Additional documents:

Minutes:

The Committee raised a number of points about the site and Officers confirmed that:

-      There was no record of a conservation order being placed on the roof as raised by objectors, or any part of the site.

-      Officers confirmed that an Informative could be used to ask the developer to consider a memorial for Henry Parker.

-      Although Members had concerns about the loss of parking it was a sustainable location and the application therefore did not constitute a severe highways impact.

 

RESOLVED that planning permission be GRANTED subject to the conditions set out in the Officer’s report and the addition of an Informative to include consideration for a plaque to be included in recognition of Henry Parker.

3824.

18/1679/FUL 88 Newberries Avenue, Radlett, Hertfordshire, WD7 7EP pdf icon PDF 101 KB

Additional documents:

Minutes:

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

 

Cllr V Charrett of Aldenham Parish Council spoke against the application on behalf of themselves and Aldenham Parish Council.

 

The Chair apologised that the comments of Aldenham Parish Council had not been mentioned directly in the original report and had formed part of the update sheet.  The Planning Consultant undertook to investigate the situation and highlighted that the Parish Council comments had been summarised in the report.

 

Mr Thresher of Radlett spoke in favour of the application as owner.

 

The Committee discussed a number of points about the site:

-       Officers confirmed that the Radlett Neighbourhood Plan which included a policy to retain the bungalows was still subject to a referendum and could only be given limited weight.  The report had sought to address the issues raised through consideration of the principles of development and noted that there was no development plan policy that could be used to prevent the development.

-       The Committee recognised that although replacing a bungalow, the application was on a large site and the design was in keeping with the overall street scene.  The application was at the limit of acceptability and there were reservations as to whether it might be extended further.  Clarification was provided by Officers that this could be addressed through the removal of the relevant permitted development rights which would still enable the applicant to apply for planning permission in future. Officers confirmed that this had already been done for the roof space in condition 7 due to the presence of bat roosts at the site.

 

RESOLVED that planning permission be GRANTED subject to the conditions set out in the Officer’s report and the removal of permitted development rights for extensions to the house only to prevent a potential overdevelopment of the site.

3825.

18/0718/MPO The Crown, 1 Shenley Road, Borehamwood, WD6 1AA pdf icon PDF 141 KB

Additional documents:

Minutes:

Mr Courtier of Pegasus Group, London spoke in favour of the application as agent for the applicant.

 

The Committee raised a number of concerns about the application to vary the Section 106 agreement:

-       Members reported anecdotally that the advertising on the site throughout had appeared to present all of the properties as luxury flats and had not included references to affordable housing.

-       There were questions as to whether the main local housing associations had been contacted about the equity share.

-       Officers confirmed that if the inclusion of affordable housing units on the site represented a challenge that an alternative solution would be for a commuted sum to be provided by the Developer for off-site provision, however this had not been offered.

-       Attention was drawn to the timings which meant that if the Committee was minded to defer the application again the Developer could go for non-determination.

 

Councillor Newmark proposed, seconded by Councillor Kelly that the application be refused on the basis that the Section 106 had been agreed with the original application, the concerns around the appropriateness of the marketing and that provision of affordable housing off of the site had not been included.

 

RESOLVED that the application be REFUSED on the basis that:

a)    The Section 106 agreement attached to the grant of the planning permission and conditional upon implementation needs to be discharged given that the planning permission has been implemented.  This application therefore represents a retrospective change.

b)    The properties do not appear to be marketed to all relevant local housing associations and whether the advertising on the site was appropriate.

c)    A commuted sum for the provision of affordable housing or off of site had not been offered as an alternative as required by Hertsmere Affordable Housing SPD November 2015.

383.

Planning Appeals: current position pdf icon PDF 109 KB

To receive the attached lists for information.

Additional documents:

Minutes:

Noted the current planning appeals and appeal decisions which had been updated and circulated after the publication of the agenda for Item 6.

384.

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.

Minutes:

There was none.

385.

Date of Next Meeting

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

·         7 February 2019

·         14 March 2019

·         11 April 2019.

Minutes:

The next meeting was scheduled for Thursday 7 February 2019 at 6pm.