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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

524.

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 C Kelly.

Councillor L Davis substituted for Councillor D Lambert.

525.

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 C Kelly, D Lambert and J West.

 

The Chair also gave thanks to Councillor C Kelly who was not present and was not seeking re-election but had served on the Planning Committee for a number of years.

526.

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 S Quilty declared a non-pecuniary interest in Item 5a 18/2410/FUL Caldecote Farm, as he had attended the pre-application meetings with the applicant and had complied with the requirements of the Localism Act by retaining an open mind.

 

Councillor S Quilty declared a non-pecuniary interest in Item 5b 18/1475/OUT Sunny Bank Junior and Infant School, as an elected Member for Hertfordshire County Council.

 

Councillor J Graham declared a non-pecuniary interest in Item 5b 18/1475/OUT Sunny Bank Junior and Infant School, as an elected Member for Hertfordshire County Council and the County Councillor for that area.

 

Councillor J Newmark declared a non-pecuniary interest in Item 5a 18/2410/FUL Caldecote Farm, as his children attend Immanuel College School which owned the Grade II listed building impacted by the application.

[At 6.07 pm Councillor H Cohen joined the meeting prior to the next item.]

527.

Minutes pdf icon PDF 100 KB

To approve and sign the ATTACHED minutes of the meeting of the Planning Committee held on 14 March 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 14 March 2019 be approved and signed as a correct record.

528.

Planning Applications for Determination at the Meeting pdf icon PDF 98 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.

5281.

18/2410/FUL Caldecote Farm, Caldecote Lane, Bushey, WD23 4EF pdf icon PDF 144 KB

Additional documents:

Minutes:

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

 

Mrs Jacobus of Caldecote Lane spoke against the application on behalf of herself and other local residents.

 

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

 

Cllr P Morris spoke in favour of the application as Community Advocate.

 

Officers responded to points made during the speeches that the ownership of the land, including potential of covenanting or gifting to the Council, was not a material planning consideration.

 

The Committee were informed that there had been correspondence between Officers and the applicant’s agent to ensure that appropriate declarations of interest had been made.  Councillor S Quilty had already declared as a non-pecuniary interest that he had been present for the pre-application meetings with the applicant.

 

Members noted that this would be an opportunity to establish an equestrian facility of local, regional and national importance.  This would create new jobs both directly and ancillary to the centre.  It would also create possibilities for under-represented groups such as disabled riders.

 

A Member of the Committee cited three examples where the Council had permitted development on the Green Belt previously.  Officers responded that there were distinct differences and this was why the Officer recommendations in each of those cases had been supportive.  This included where:

a)    The application was for a temporary structure only.

b)    The proposed building was on a previously developed part of the site and the rest was outdoor playing fields, thus retaining the openness of the Green Belt.

Officers highlighted that this application was primarily for indoor facilities (albeit with some ancillary outdoor facilities) to be provided where the National Planning Policy Framework only made reference to appropriate ancillary facilities for outdoor sports and outdoor recreation.

 

Officers highlighted concerns that the sequential assessment which had been completed to justify the development in the Green Belt was not to the standard that they would usually expect and had questionable methodology.  This included requirements as to the value of the land assessed with no indication as to the basis of the limit and inclusion of ownership which was not a planning consideration.  The concern was that the threshold for “Very Special Circumstances” had as a result not been reached or adequately demonstrated by the applicants.

 

In response to Member queries the Officers explained that there were three heritage assets which were potentially impacted by the proposed development.  The report had identified that there would be harm, albeit less than substantial, to the Caldecote Towers which were a nationally Grade II listed building.

 

Members of the Committee felt that of the five reasons provided by Officers for refusal, the last three could be dealt with through the use of planning conditions.  Officers noted that some, such as sewage disposal, would potentially require further development on the site over and above that already cited in the application and could therefore not be resolved using planning conditions.

 

The Legal Officer reminded the Committee that the probability of an  ...  view the full minutes text for item 5281.

[At 7:47pm at the end of the previous item the Chair adjourned the meeting.]

[At 8:00pm Councillor H Cohen, Councillor M Bright and Councillor M Vince left before the Chair resumed the meeting.]

[At 8.00pm Councillor RZ Butler joined the meeting prior to the next item.]

[At 8:00pm before the start of the next item the Chair resumed the meeting.]

5282.

18/1475/OUT Sunny Bank Junior and Infant School, Field View Road, Potters Bar, EN6 2NA pdf icon PDF 138 KB

Additional documents:

Minutes:

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

 

Ms Davis from Hertfordshire County Council spoke in favour of the application on behalf of the applicant.

 

The Committee discussed a number of issues including:

-       A number of Members cited familiarity with the site and were aware of the history and impact of the school closure.  Concerns were raised that the site was currently for educational use and that if redeveloped this would increase the need for school places rather than reduce demand.  These concerns extended to other community facilities and infrastructure such as access to GP and health services.

-       Although the level of proposed affordable housing was seen as positive and met requirements it was felt that this did not mitigate the potential impact of overdevelopment of the site.  It was remarked that as the land was in public ownership it could have provided a higher level of affordable housing.

-       Questions were raised by Members about how the two authorities had not been able to reach agreement.  The Officers responded that both parties were independent and had worked pro-actively to reduce the reasons for refusal but fundamental objections could not be overcome.  This had resulted in the application being brought before the Committee.

-       Clarification was given that the site fell within the Green Belt even though it had existing buildings.  The outline proposals represented a substantial impact on the openness of the area and was therefore not compliant with Green Belt principles.

 

RESOLVED that planning permission be REFUSED for the reasons as set out in the Officer’s report and the tabled addendum.

529.

Planning Appeals: current position pdf icon PDF 62 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.

530.

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.

531.

Date of Next Meeting

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

·         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 16 May 2019 at 6pm.

A manadatory Planning training session for Members was scheduled for Thursday 9 May 2019.