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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

66.

Membership

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

Additional documents:

Minutes:

Councillor D Lambert substituted for Councillor S Quilty.

67.

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.

68.

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 J Graham declared a non-pecuniary interest in Item 5d, 19/0212/FUL – Garages and adjacent land at Orchard Close, Radlett, as Portfolio Holder for Finance, Property & Economic Development for Hertsmere Borough Council as the property was owned by the Council and left the room for the debate.

 

Councillor A Spencer declared a non-pecuniary interest in Item 5d, 19/0212/FUL – Garages and adjacent land at Orchard Close, Radlett, as a Member of the Asset Management Panel for Hertsmere Borough Council as the property was owned by the Council and left the room for the debate.

 

 

Councillor J Newmark declared a non-pecuniary interest in Item 5c, 19/0250/FUL The Royal British Legion, Cotton Road, Potters Bar, EN6 5JG, as a Member of the Royal British Legion who were the previous owners of the property.

69.

Minutes pdf icon PDF 8 KB

To approve and sign the ATTACHED minutes of the Special meeting of the Planning Committee held on 15 May 2019, as well as the normal meeting on the 16 May 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 Special Planning Committee held on 15 May 2019 and the normal meeting of the 16 May 2019 be approved and signed as a correct record.

70.

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.

701.

17/0360/VOC 51 Bushey Hall Road, Bushey, WD23 2EE pdf icon PDF 143 KB

Additional documents:

Minutes:

Mr Shermer of Grove Hall Road, Bushey, spoke against the application on behalf of themselves and local residents.

                                           

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

 

Cllr P Richards spoke as the Community Advocate against the application.

 

It was reported that the application was to allow the building to be registered with the Care Quality Commission (CQC) which required the whole building to be for Class C2 usage without restriction.  This had been called in by a previous councillor due to the level of residents concerns.

 

The Committee discussed a number of the issues and concerns which had been raised about the potential impact on traffic flows and parking due to the location of the site and whether any conditions could be imposed to alleviate these.  Officers clarified that this was not a full planning application but for the removal of a condition.  It would be difficult to add new conditions.  Varying the existing condition was possible but unlikely to resolve the issues around the feasibility of enforcement or the ability for the applicant to register with the CQC.  Members noted that if the issues in 1984 were sufficient to warrant the need for a condition it was likely that problems of parking congestion on local streets had probably deteriorated since.

 

Members queried whether it was possible to propose a parking management plan which might include a Controlled Parking Zone for the area.  The Head of Planning responded that the Planning Committee could only consider the area bounded by the planning application and that it was not possible to impose conditions which would require changes to the public highway and were beyond the control of the applicant.

 

Councillor J Graham proposed that, as the original reasons for the condition appeared to be still valid, the application should be refused on these grounds.  Councillor G Briski seconded the proposal.

 

RESOLVED that removal of the condition be REFUSED as the reasons set out below as shown Officer’s report in 3.1 were still relevant and that the existing Condition 3 of planning permission TP/12/0627 is retained:

 

The extensions (the property) shall be used as accommodation as a care home to care for people in need of care and for no other purpose within Use Class C2, residential institutions, of the Town and Country Planning (Use Classes) Order 1987 (as amended).

 

Reason:  Any other use would be likely to generate a level of activity, traffic and off-street parking requirements which would detract from the area’s residential character and lead to on-street parking to the detriment of highway safety.  In accordance with the National Planning Policy Framework (2012), Hertsmere Local Plan adopted 2003 policies M12 and M13.  Policy CS24 of the Revised Core Strategy (for submission to the Secretary of State) November 2011.

[At 6.53pm Councillor P Richards left the meeting at the end of the previous item.]

702.

18/2082/FUL The Radley Care Home, Gregson Close, Borehamwood pdf icon PDF 125 KB

Additional documents:

Minutes:

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

 

Ms Peate spoke in favour of the application as the care home manager.

 

Members asked for clarification on the concerns which had been raised about overlooking from the development.  A suggestion was made as to whether this could be alleviated through planting and specified in the landscaping scheme.  Officers confirmed that some of the windows had been moved to reduce the possibility of overlooking at that the distances were considered sufficient to remove the need for screening.

 

Officers responded to a query on waste management that as this was a commercial site this was the responsibility of the business which would make its own arrangements.  This allowed the applicant the flexibility to increase the frequency of collection rather than the storage area on site.

 

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

703.

19/0250/FUL The Royal British Legion, Cotton Road, Potters Bar, EN6 5JG pdf icon PDF 120 KB

Additional documents:

Minutes:

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

 

The Committee were concerned that the application represented over-development of the site.  Although it was recognised that the site was not in the green belt it was felt that the proposals would create an overbearing appearance on the neighbouring properties including the old police station.

 

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

[At 7.21pm Councillor A Spencer and Councillor S Quilty left the meeting prior to the next item.]

 

[At 7:43pm Councillor M Vince joined the meeting during the next item.]

704.

19/0212/FUL Garages and Adjacent Land at Orchard Close, Radlett pdf icon PDF 145 KB

Additional documents:

Minutes:

Mr D Rogers of Orchard Close, Radlett spoke against the application as a local resident.

 

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

 

Questions were raised about the level of parking provision in the local area.  It was reported that the garages tended to be used for storage and that the proposals included one per property with an additional disabled parking bay.  Members recognised that this was more than had been provided at other similar sites.  With regards to the extant parking issues it was advised that this would be an enforcement issue and the Committee could only consider changes to the area covered by the planning application.

 

Members raised a concern about whether the proposals were compliant with the Council’s own policy with regards to the affordable housing requirement which had previously been enforced for all applications for over five properties.  Officers confirmed that although this was the original policy it had since been superseded by the National Planning Policy Framework which set the threshold at ten properties.

Members also question the lack of solar panels and other sustainability features for the property.

There was concern about the message this sent to other developers.

 

The Head of Planning noted that those issues rested with the Council as the Developer.  The Planning Committee could only make a decision based on valid planning considerations as set out in the Council’s current planning policy and within the context of the National Planning Policy Framework and other relevant legislation.

 

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

[At 7.52pm Councillor A Spencer and Councillor S Quilty returned to the meeting prior to the next item.]

705.

18/1811/FUL Land At 1 & 1A Drayton Road and associated neighbouring premises at 48,50,52 & 52A Shenley Road, Borehamwood pdf icon PDF 156 KB

Additional documents:

Minutes:

The Committee was supportive of the level of affordable housing which had been secured and the mixed use development.  It was noted that the affordable housing provision was a result of negotiations with the developer to identify the tenure and type of use to meet local needs.

 

Officers confirmed that the application had been amended to take in to consideration waste management requirements including compliance with the area set aside and the distances for collection.

 

The committee raised a concern as the number of parking spaces was less than the number of properties.  It was unclear whether these would be allocated as communal or individually and if so on what basis.  Officers confirmed that the total number of car parking spaces was sufficient due to the sustainable location and that additional cycle storage was also being provided.  It was agreed that clarity over usage could be resolved through an appropriate condition noting that the policing of the spaces would fall to the flat management committee.

 

RESOLVED that planning permission be GRANTED subject to the conditions set out in the Officer’s report and the addition condition that a car parking management plan was agreed prior to first occupation.

706.

18/2376/FUL Medburn Sports Ground, Watling Street, Radlett pdf icon PDF 79 KB

Additional documents:

Minutes:

The Committee welcomed changes which might lead to increased uptake of sports activities.  A query was raised due to the proximity of the electricity pylon and the possibility of footballs hitting it.  Officers stated that this would be covered by other legislation which would be the responsibility of the club and that they were unaware of any impediment from their part of the planning system.

 

A concern was raised as to whether the change of use to sports pitches could in future be considered as prior development and lead to it being treated as a brownfield site.  Officers confirmed that playing fields were a permissible use of the green belt and that this would not change the status of the land and it would still be classified as green belt.

 

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

71.

Planning Appeals: current position pdf icon PDF 55 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.

72.

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.

73.

Date of Next Meeting

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

·         18 July 2019

·         15 August 2019

·         12 September 2019.

Additional documents:

Minutes:

The next meeting was scheduled for Thursday 18 July 2019 at 6pm.