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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

516.

Membership

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

Additional documents:

Minutes:

Councillor K Merchant substituted for Councillor S Quilty.

517.

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 S Quilty.

Councillor J Newmark had given apologies in advance for lateness.

518.

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.

519.

Minutes pdf icon PDF 81 KB

To approve and sign the ATTACHED minutes of the meeting of the Planning Committee held on 7 February 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 7 February 2019 be approved and signed as a correct record.

520.

Planning Applications for Determination at the Meeting pdf icon PDF 109 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.

5201.

18/2148/FUL Argyll House, Marlborough Drive, Bushey pdf icon PDF 102 KB

Additional documents:

Minutes:

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

 

Mr Rowley of Savills spoke in favour of the application as agent for the applicant.

 

Concerns were raised about how the need for retrospective permission had arisen and why this had not been identified earlier.  Officers explained that monitoring was undertaken on a needs basis and was reactive, for example to enforcement issues.  The Committee highlighted that in light of this an informative should be included that this specific site would be monitored.

 

The Committee recalled drainage issues with the original application.  Officers responded that Thames Water had removed their objection and that as a retrospective application it would be difficult to impose new conditions or discharge them retrospectively.

 

It was reported by Officers that the affordable housing and Community Infrastructure Levy (CIL) payments had been completed separate to the Section 106 agreement.

 

The Committee considered that as the application was retrospective and a number of the properties sold it was reasonable to require immediate payment with the completion of the agreement.  Officers stated that this would be unusual and deadlines normally negotiated through delegation to the Head of Planning and Economic Development where the stipulation would usually be based on the number of units sold against the total number.  The Committee felt that in this particular case they wished to ensure payment was completed promptly.

 

RESOLVED that planning permission be GRANTED subject to the conditions set out in the Officer’s report and that the end of the recommendation to delegate powers to the Head of Planning & Economic Development be amended to state at 1.1 “completion of a suitably worded s106 Planning Agreement and the payment is due at the date of signing.” and with an additional informative that the site would be monitored for further developments.

[At 6.16 pm Councillor J Newmark joined the meeting prior to the next item.]

5202.

18/1983/FUL Ivy House, 35 High Street, Bushey, WD23 1BD pdf icon PDF 458 KB

Additional documents:

Minutes:

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

 

Mr Lee of Kemp Place Residents Association spoke against the application, as a neighbour and chairman of the Association.

 

Mr Henley of HGH Consulting spoke in favour of the application as agent for the applicant.

 

The Committee supported the retention of the façade on the listed building.

 

The Committee noted with concern that the number of car parking spaces provided was less than the number of dwellings.  It was recognised that the site was considered a sustainable location due to the proximity to facilities although this meant that it fell below the level set in the Parking Standards Supplementary Planning Document 2014.

 

The Committee noted that separate to planning a review of car parking in the Bushey area was due to be undertaken due to existing concerns.

 

Members requested that particular attention be given to Condition 7 relating to proposed vehicle access, parking arrangement during the construction period due to the potential impact on the local area.

 

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

[At 6.45 pm Councillor J Heywood joined the meeting prior to the next item.]

5203.

18/1984/LBC Ivy House, 35 High Street, Bushey, WD23 1BD

The details of this application are covered in the report for Item 5B, application number: 18/1983/FUL Ivy House, 35 High Street, Bushey, WD23 1BD

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, 18/1983/FUL Ivy House, 35 High Street, Bushey, WD23 1BD.

 

The Committee, having debated their areas of concern on the site as a whole during their deliberations on Item 5b, 18/1983/FUL Ivy House, 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 7:28pm at the end of the previous item the Chair adjourned the meeting.]

[At 7:40pm before the start of the next item the Chair resumed the meeting.]

5204.

18/1642/FUL Former Patchetts Equestrian Centre, Hilfield Lane, Aldenham pdf icon PDF 1018 KB

Additional documents:

Minutes:

Mr Warner of Fisher-German spoke in favour of the application as agent for the applicant.

 

Officers stated that there had been previous developments at the site and that as a result all of those who had responded to the original scheme had been contacted in addition to neighbours.

 

Members queried the distribution of the parking space and were informed that these would be allocated so specific properties.

 

Members also questioned the impact on the wider development and the affordable housing requirements.  Officers responded that a sufficient level of affordable housing had been provided with the original larger application.

 

Members were keen to ensure that the listed buildings were properly maintained and queried whether a conservation officer would be monitoring the development.  Officers responded that there were a number of conditions, including providing samples of materials prior to commencement of the development, that had been attached to the Listed Building Consent.

 

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

5205.

18/1643/LBC Former Patchetts Equestrian Centre, Hilfield Lane, Aldenham

The details of this application are covered in the report for Item 5D, application number: 18/1642/FUL Former Patchetts Equestrian Centre, Hilfield Lane, Aldenham

Additional documents:

Minutes:

The Committee, having debated their areas of concern on the site as a whole during their deliberations on Item 5D, 18/1642/FUL Former Patchetts Equestrian Centre, 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.

5206.

18/2191/HSE 27 Cotton Road, Potters Bar, EN6 5JT pdf icon PDF 137 KB

Additional documents:

Minutes:

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

 

Mr Cullen of Cullen Construction Ltd spoke in favour of the application as the builder for the applicant.

 

Cllr Heywood spoke against the application as Community Advocate.

 

On the previous deferral of the application the Committee had asked for additional information which had been gathered by Officers and presented.  This included further examples of the existing street scene and clarification over the use of guidelines to interpret Council policy.

 

Questions were raised as to the process leading up to a retrospective planning permission being requested.  The Head of Planning and Development outlined that, when informed of a breach in planning, Enforcement Officers would attend a site to make an assessment.  This would include formally informing the owner that continuation of building works was at their own risk should planning permission for the works not be granted.  Each incident was treated individually by the Enforcement Team and consideration would be given as to the probability that a retrospective application would be granted.  Stop notices would only be used where there was a requirement or reason for expediency.

Members asked that further information on the use and role of enforcement be provided.

 

The Committee recognised that, whilst not being in line with the original planning application as granted, the difference was still in keeping with other properties on the street.

 

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

5207.

17/2260/MPO Borehamwood Shopping Park, Theobald Street, Borehamwood pdf icon PDF 207 KB

Additional documents:

Minutes:

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

 

Mr Price of Savills spoke in favour of the application as agent for the applicant.

 

Cllr Vince spoke against the application as Community Advocate.

 

The Committee debated the potential impact on local residents, the environment, the wider area and businesses.  Concerns were raised about the level of engagement with local businesses which would be directly impacted.  Members were unclear as to the potential knock on effects both in terms of vehicle turnover, displacement and traffic both within and outside the site.

 

The Committee noted that the Head of Planning had:

-       Cited case studies related to the potential impact of parking charges on shopping habits;

-       Highlighted the potential limits of planning considerations and obligations;

-       The possibility of further legal advice being of value due to the nature of the application.

The Committee felt that this was best provided through a revised report.

 

RESOLVED that Item 5G relating to Borehamwood Shopping Park, Theobold Street, Borehamwood be deferred so that further information and a revised report can be brought before Members.

 

Councillor Newmark voted against and requested that this be recorded.

[At 9.11 pm Councillor J Heywood left the meeting prior to the following item.]

5208.

18/1178/FUL National Westminster House, 225 Shenley Road,Borehamwood,WD6 1TE pdf icon PDF 143 KB

Additional documents:

Minutes:

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

 

Mr Dodds of Planning Prospects spoke in favour of the application as agent for the applicant.

 

Cllr Vince spoke for the application as Community Advocate.

 

The Committee discussed the application and concerns were raised about the proximity of the business activities to the residential properties and potential impacts.

 

There was general support from the Committee for a “car club”, however the location was not considered to be appropriate.  Members asked that this was communicated to the applicant.

 

RESOLVED that planning permission be REFUSED subject to the reasons set out in the Officer’s report.

[At 9.33 pm Councillor M Vince left the meeting prior to the following item.]

5209.

19/0189/HSE 10 Heathfield Road, Bushey, WD23 2LJ pdf icon PDF 127 KB

Additional documents:

Minutes:

Officers presented the application.

 

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

52010.

18/2406/HSE 6 Mountway, Potters Bar, EN6 1EP pdf icon PDF 141 KB

Additional documents:

Minutes:

Officers presented the application.

 

Mrs O’Keeffe of The Spinney, Potters Bar, spoke in favour of the application as agent for the applicant.

 

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

521.

Planning Appeals: current position pdf icon PDF 54 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.

522.

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.

523.

Date of Next Meeting

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

·         11 April 2019

·         16 May 2019

·         13 June 2019

·         18 July 2019

·         15 August 2019

·         12 September 2019.

Additional documents:

Minutes:

The next meeting was scheduled for Thursday 11 April 2019 at 6pm.