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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

131.

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 A Spencer.

132.

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 A Spencer.

An apology for lateness due to Council business had been received from Councillor J Graham.

133.

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 5C, 19/0213/FUL, Garage Site South of 77, Eldon Avenue, Borehamwood, as Portfolio Holder for Finance, Property & Economic Development for Hertsmere Borough Council as the property was owned by the Council and would withdraw from the room during the item.

 

Councillor D Lambert declared a non-pecuniary interest in Item 5D, 18/2361/FUL and the linked 5E, 18/2362/LBC, both for Wilson House, Aldenham School, Aldenham Road, Elstree, Hertfordshire, as a governor of the school and would speak in favour as Community Advocate and then withdraw from the room during the rest of the item.

 

Councillor J Graham declared a non-pecuniary interest in Item 5G, 19/0743/DOC, Crown Road Garages, Borehamwood, as Portfolio Holder for Finance, Property & Economic Development for Hertsmere Borough Council as the property was owned by the Council and would withdraw from the room during the item.

 

Councillor G Briski was made aware of potential issue and declared a non-pecuniary interest in Item 5G, 19/0743/DOC, Crown Road Garages, Borehamwood, and withdrew from the room during the item.

134.

Minutes pdf icon PDF 140 KB

To approve and sign the ATTACHED minutes of the meeting of the Planning Committee held on 13 June 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 13 June 2019 be approved and signed as a correct record.

135.

Planning Applications for Determination at the Meeting pdf icon PDF 106 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.

1351.

18/1026/FUL Land To The Rear of Richfield Road, Bushey pdf icon PDF 189 KB

Additional documents:

Minutes:

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

 

Mr Druce of Richfield Road spoke against the application on behalf of themselves and local residents.

 

Jonathan Walton of Vocalism spoke in favour of the application on behalf of applicant.

 

Cllr A Swerling spoke as Community Advocate raising concerns about congestion during the construction phase and the impact on local residents.

 

Officers gave clarification on the limitations available through the use of Conditions where activity was covered by other legislation or where the statutory respondent had not raised concerns.  In particular any Condition had to be enforceable, for example restricting construction traffic access to particular routes outside of the area of the planning application would be problematic.  Noise nuisance and hours of work fell under Environmental Health legislation and supported by a 24 hour enforcement team whereas Planning Enforcement was limited to office hours in most cases.

 

The Committee were generally supportive of the development, including the mixture of tenures, but concerns had been raised as to whether the development might be gated.  Members were keen to ensure that access remained open and that clarity was provided as to the ongoing maintenance of the open space.  It was proposed that the wording of Condition 9 be strengthened to reflect this.

 

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

·         Condition 9 ensures that it is made explicit that the area remained open and that if the maintenance of the land is to be transferred that funds for the management of the land for a period of time be included.

·         An additional Informative requesting the applicant to address concerns with construction vehicle movements both in terms of the timings and routes of access to reduce the impact on residents during the construction phase is added.

1352.

19/0357/FUL The Royal Oak, 42 Sparrows Herne, Bushey, WD23 1FU pdf icon PDF 169 KB

Additional documents:

Minutes:

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

 

Mrs Tebbits of Merry Hill Road spoke against the application on behalf of themselves and local residents.

 

Mr M Williams of DLA Town Planning Ltd spoke in favour of the application as agent.

 

Cllr A Swerling spoke as Community Advocate raising concerns with regards to access to the site, the parking availability and location for refuse collection alongside the loss of a local community asset.

 

The Committee shared concerns with the residents and Community Advocate as to the limited access arrangements to the site which could be impractical due to the location on a busy road.  The change in Hertfordshire Highways opinion did not appear to be consistent with previous issues raised.  This was compounded by the loss of an existing amenity for the wider public and the paucity of amenity provision for the new development.

 

The Committee debated the impact of the change of status for the pub as it had been registered as an Asset of Community Value.  This was an aspect of the Localism Act 2011 which had also introduced a Community Right to Bid.  Concerns were raised about the lack of clarity as to the level of materiality to be given to this as a planning consideration and Members wished to ensure that any decision reached was sound.  Members asked that the item be deferred for further consideration due to the unusual change of circumstance.

 

RESOLVED that planning application be DEFERRED to take in to account the impact of the listing of the Asset of Community Value as set out in the Officer’s report and the tabled addendum to provide members the opportunity to fully consider the level of planning materiality to be given.

[At 7.36 pm Councillor J Graham left the meeting prior to the next Item.]

[At 7.36 pm at the end of the previous item the Chair adjourned the meeting.]

[At 7.46 pm before the start of the next item the Chair resumed the meeting.]

1353.

19/0213/FUL Garage Site South of 77, Eldon Avenue, Borehamwood pdf icon PDF 133 KB

Additional documents:

Minutes:

Mr Bradbeer of Michael Dyson Associates spoke in favour of the application on behalf of the applicant.

 

The Committee recognised that the majority of the garages were no longer suitable or used for the original purpose of storing vehicles and that alternative provision was available.  The proposals were accepted as an improvement to the site although there were concerns as to whether the garages had been allowed to fall in to disrepair.  Clarification was sought as to whether the property mix was in accordance with the Supplementary Planning Document and reassurance was given that it was suitable.

 

The Committee raised concerns about the number of potential vehicles for the flats as this was an access road and a nearby set of tennis courts had already been converted for use as a car park.  Officers confirmed that there was one space per flat which would include disabled provision and was in a sustainable area and also included cycle parking.  Members requested that an informative was added for electric charging points to be considered.

 

RESOLVED that planning permission be GRANTED subject to the conditions set out in the Officer’s report and with the addition of an informative to cover the provision of electric vehicle charging points.

[At 8.03 pm Councillor J Graham returned to the meeting prior to the next Item.]

[A joint presentation was given by Officers for Item 5D and 5E and the Speakers heard before the joint deliberations.]

[At 8.14 pm Councillor D Lambert left the meeting during the following Item having spokes as the Community Advocate.]

1354.

18/2361/FUL Wilson House, Aldenham School, Aldenham Road, Elstree pdf icon PDF 103 KB

Additional documents:

Minutes:

A joint debate was held for this application and the linked 18/2362/LBC listed building consent.  There were speakers only for the main application, 18/2361/FUL.

 

Mr Fowler, Headmaster of Aldenham School spoke in favour of the application as the applicant.

 

Cllr D Lambert spoke in favour the application as Community Advocate to commend the scheme before leaving the room for the debate and vote.

 

The Committee were supportive of the application including the biodiversity increase although there was some regret that there had not been a great inclusion of renewable energy through solar panels or wind turbines in the proposal.

 

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

1355.

18/2362/LBC Wilson House, Aldenham School, Aldenham Road, Elstree

The details of this application are covered in the report for Item 5D, application number: 18/2361/FUL Wilson House, Aldenham School, Aldenham Road, Elstree, Hertfordshire.

Additional documents:

Minutes:

The Committee, having debated the site as a whole during their deliberations on Item 5D, 18/2362/LBC Wilson House, Aldenham School, Aldenham Road, Elstree, 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.

[At 8.18 pm Councillor D Lambert returned to the meeting prior to the next item.]

1356.

19/0401/OUT J Sainsbury Distribution Depot, York Crescent, Borehamwood, WD6 1SN pdf icon PDF 152 KB

Additional documents:

Minutes:

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

 

Mrs M Abrahams of Elstree House spoke against the application on behalf of themselves and local residents.

 

Tony Watkins of Panattoni UK spoke in favour of the application as the developer.

 

The Committee acknowledged that the site had historically provided employment opportunities and that the redevelopment and potential job creation was welcomed.  They were pleased to see that the developer recognised the concerns around access to the site and the potential impact on nearby residents.

 

Officers provided clarification that this was an outline application to confirm the principle of the development and that the reserved matters ensured that it would come back to the Council for consideration when more detailed plans were provided.  It was highlighted that the access points could be changed and an intention had been given to include sustainable development in future applications which could be built upon.

 

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

[At 8.48 pm Councillor J Graham left the meeting prior to the next Item.]

[At 9.01 pm Councillor G Briski left the meeting prior to the debate.]

1357.

19/0743/DOC Crown Road Garages, Borehamwood pdf icon PDF 131 KB

Additional documents:

Minutes:

Mr P Adams of Mears New Homes spoke in favour of the application on behalf of the developer.

 

Cllr M Vince spoke against the application as Community Advocate noting concerns that the absence of badgers and foxes may have been caused by the works and that this may have also displaced rats in to the local area.

 

Members raised concerns about the level of communications with residents since the initial planning application had been granted and the form that the final planning conditions had taken.

 

RESOLVED that planning conditions be DISCHARGED as set out in the Officer’s report.

136.

Planning Appeals: current position pdf icon PDF 46 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.

137.

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.

138.

Date of Next Meeting

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

·         15 August 2019

·         12 September 2019

·         10 October 2019

·         14 November 2019

·         12 December 2019

Additional documents:

Minutes:

The next meeting was scheduled for Thursday 15 August 2019 at 6pm.