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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

444.

Membership

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

Additional documents:

Minutes:

Councillor RZ Butler substituted for Councillor J Newmark.

445.

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 Councillor J Newmark.

Councillor J Graham had given his apologies for lateness.

446.

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:

Councillor D Lambert declared a non-pecuniary interest in Item 5b, 18/0479/FUL Regency House And 203-205, Watling Street, Radlett, Hertfordshire, as an Aldenham Parish Councillor.

447.

Minutes pdf icon PDF 87 KB

To approve and sign the ATTACHED minutes of the meeting of the Planning Committee held on 10 January 2019.

 

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 10 January 2019 be approved and signed as a correct record.

448.

Planning Applications for Determination at the Meeting pdf icon PDF 97 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.

[During the following item Councillor J Graham arrived at 18:25.]

4481.

18/2191/HSE 27 Cotton Road, Potters Bar, Hertfordshire, EN6 5JT pdf icon PDF 144 KB

Additional documents:

Minutes:

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

 

Mr Steed of Cotton Road, Potters Bar spoke against the application, as a neighbour.

 

Cllr Heywood spoke against the application as a Community Advocate.  They highlighted a number of issues in the process and that the applicant had continued building works even after they had been contacted.  It appeared that a retrospective application had only been made after Enforcement had been involved.  This made clear that the original planning application, which complied with Council guidance, had not been adhered to and this formed part of the grounds for calling in the decision.

 

Clarification was given to the Committee in response to the request for a written statement by the objector that the Minutes of the Planning Committee meeting and the formal decision notice were the only written evidence which would be produced.  This reflected that each application was judged individually on its merits and the planning policies in place at the time.

 

The Committee raised concerns that the builder appeared to have continued works even after they had been informed that it was not compliant with the existing planning permission.  This implied a presumption that the new planning application would be granted.  Officers noted that this had not influenced their recommendation for the application as this was based on the Council’s policy taking in to account the guidance and the existing street scene at the location.

 

Officers clarified that the Council planning policies sought to ensure that where appropriate sky gaps were retained to maintain the street scene, keep areas open and prevent a terracing affect.  The guidance which supported this recommended 1 metre from the boundary at first floor and above, but recognised that this should be considered within the context of the individual applications and the street scene in the locality as no two sites were the same.  The Committee noted that the original application at the site had adhered to the 1 metre rule guidance.

 

The Committee reviewed several images of similar gaps between properties and extensions on the road.  The Committee concluded that this did not provide the necessary level of evidence to ensure that an informed decision was made as to whether the planning application with a gap below the guidance level was appropriate for the locality.  There was a concern that it could potentially harm the visual amenity and street scene.

 

Councillor S Quilty proposed that the decision be deferred by the committee in its entirety as insufficient information on how the site fitted in with the rest of the street scene had been provided.  Councillor J West seconded the proposal.

 

RESOLVED that planning permission be DEFERRED for further details on the street scene, including photographs, to be provided to ensure an informed decision.

4482.

18/0479/FUL Regency House And 203-205, Watling Street, Radlett, Hertfordshire pdf icon PDF 164 KB

Additional documents:

Minutes:

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

 

Officers provided clarification that this was a technical amendment only to the Section 106 Heads of Terms for the previously agreed planning application.

 

During the Planning Technical Meeting it had been reported that the trees on the edge of the adjacent property might be impacted by the building works.  Officers had confirmed that this did not form part of the Section 106 agreement and would remain a wholly separate issue for resolution between the applicant and the neighbour.

 

The Committee heard that there had been concerns raised by Aldenham Parish Council with the original terms as they were potentially being asked to take on responsibilities which they did not want.

 

The revised wording was considered to be acceptable by the Committee as it provided clarity on these issues.

 

RESOLVED that planning permission be GRANTED subject to the conditions set out in the Officer’s report and the tabled addendum.

[Councillor J Heywood left the meeting at 18:42 prior to the start of the next item.]

449.

Planning Appeals: current position pdf icon PDF 36 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.

450.

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 Chair.  The item and reason for urgency must be announced at the start of the meeting.

Additional documents:

Minutes:

There was none.

451.

Date of Next Meeting

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

·         14 March 2019

·         11 April 2019

·         16 May 2019.

Additional documents:

Minutes:

The next meeting was scheduled for Thursday 14 March 2019 at 6pm.