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Agenda and minutes

Venue: Council Chamber, Civic Offices, Elstree Way, Borehamwood, Herts, WD6 1WA

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Items
No. Item

164.

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 G Briski, J Evans, J Graham and J Newmark.

165.

Membership

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

Additional documents:

Minutes:

Councillor D Carter substituted for Councillor G Briski.

Councillor A Melville substituted for Councillor J Evans.

Councillor D Lambert substituted for Councillor J Graham.

Councillor K Jaffer substituted for Councillor J Newmark.

166.

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 Carter declared a pecuniary interest in Item 5C, 19/0770/FUL, Watt Cottage and Wick Lodge, Catsey Lane, Hertfordshire, as he held an interest in an adjacent property and would speak as Community Advocate and then withdraw from the meeting for the item.

 

Councillor S Quilty declared a non-pecuniary interest in Item 5H, 19/0258/FUL Land RO 16 - 18A Merry Hill Road, Bushey, as an acquaintance of the applicant and would withdraw from the meeting for the item.

 

Councillor D Carter declared a non-pecuniary interest at the start of Item 6, Arsenal Planning Report 2018-19, as a member of the Arsenal Steering Group.

167.

Minutes pdf icon PDF 109 KB

To approve and sign the ATTACHED minutes of the meeting of the Planning Committee held on 18 July 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 18 July 2019 be approved and signed as a correct record.

168.

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:

Clarification was requested as to why the outstanding conditions for 19/0743/DOC Crown Road Garages, Borehamwood had not been tabled for the meeting.  The Chair responded that guidance had been given by Legal that it was not appropriate for the Committee to review the discharge of conditions.  The Legal Officer highlighted that during an application it was possible to consult and changes to be made which was why it could come to committee; with the discharge of conditions however it was not a consultation.

 

A concern was raised about the size of the Update Sheet which had been issued prior to the meeting.  The Chair responded that it was large but reflected the requests for additional information which had been raised during the technical briefing to allow the Committee to make an informed decision.

 

Consideration was given to the planning applications listed at Item 5 of the agenda and the amendments and additions sheet as tabled by Officers.

1681.

19/0750/FUL Haberdashers' Aske's Boys' School, Butterfly Lane, Elstree, WD6 3AF pdf icon PDF 123 KB

Additional documents:

Minutes:

A joint debate was held for this application and the linked 19/0751/LBC listed building consent.  There were speakers for both applications.

 

Mr Lock of Headmaster, Haberdashers’ Aske’s Boys’ School spoke in favour as the applicant.

 

Cllr C Clapper spoke in favour of the application as Community Advocate.

 

The Committee were supportive of the application and the benefits that the school brought to the area and recognised the need to update the facilities.

Members felt that the threshold for Very Special Circumstances had been met, including the impact on the listed building.

 

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

1682.

19/0751/LBC Haberdashers' Aske's Boys' School, Butterfly Lane, Elstree, WD6 3AF pdf icon PDF 122 KB

This application will be debated jointly with Item 5A, application number: 19/0750/FUL Haberdashers Askes Boys School, Butterfly Lane, Elstree, WD6 3AF.

Additional documents:

Minutes:

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

 

The Committee, having debated the site as a whole during their deliberations on Item 5A, 19/0750/FUL Haberdashers’ Aske’s Boys’ School, Butterfly Lane, Elstree, WD6 3AF, 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 6.37 pm Councillor C Clapper left the meeting prior to the next Item.]

[At 6.55 pm Councillor D Carter left the meeting during the next Item having spoken as Community Advocate.]

1683.

19/0770/FUL Watt Cottage and Wick Lodge, Catsey Lane, Bushey pdf icon PDF 148 KB

Additional documents:

Minutes:

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

 

Mr Curtis of Brook Close spoke against the application as a local resident.

 

Mr Henley of HGH Consulting spoke in favour of the application on behalf of the applicant.

 

Cllr D Carter spoke against the application as Community Advocate.

 

The Committee raised a number of concerns having reviewed the application.  Although they recognised that revisions had been made to the plans, concerns remained that the size and bulk of the proposal was still out of character for the site with a lack of amenity space.  Access to the site was aggravated due to its proximity close to a major junction and would potentially have increased vehicle movements after development.  This was further impacted by the lack of parking, including for visitors and disabled residents, although it had access to local public transport facilities.

 

Officers outlined that the access points were existing and that no objection had been received from Highways.  The parking was policy compliant and it was possible for one of the spaces to be made available for disabled use, as such it was not possible to show that the development would cause significant adverse impact.

 

Questions were raised by Members about the history of the site and whether it should be locally listed with the possibility of deferring the application to allow consideration.  Officers confirmed that it had not been locally listed but would look at how the review of local listing was undertaken.

 

The Committee remained concerned that the proposals would still represent over development of the site.  They recognised the concern of Officers that other nearby sites were equally of significant size and therefore may not represent sufficient grounds for refusal.

 

Councillor S Quilty proposed that the application be refused due to its size, bulk and nature.  Councillor A Spencer seconded the proposal.

 

RESOLVED that planning permission be REFUSED on the grounds that the proposed buildings due to their bulk, size, scale, layout including use of spacing, design and character represent overdevelopment of the site and that this is out of keeping with the pattern, character and appearance of the area.  This being contrary to policies SP1 and CS22 of the Hertsmere Core Strategy as well as policies SADM3 and SADM30 of the SADMPP.

[At 7.31 pm Councillor N Susman left the meeting prior to the next Item.]

[At 7.31 pm Councillor A Swerling left the meeting prior to the next Item.]

[At 7.31 pm Councillor D Carter returned to the meeting prior to the next Item.]

1684.

18/2201/FUL Unit B1, Greatham Road Industrial Estate, Bushey, WD23 2NZ pdf icon PDF 172 KB

Additional documents:

Minutes:

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

 

A joint debate was held for this application and the linked 18/2202/ADV advertising consent.  There were speakers only for the main application, 18/2201/FUL.

 

Mr Monet of Arthur St, Bushey, spoke against the application on behalf of themselves and local residents.

 

Mr Rich of Teamsports Holdings Ltd, spoke in favour of the application on as the applicant.

 

The Committee echoed the concerns raised by the local resident about the levels of light and noise which would potentially come from the site with the change of use within a residential area.  Officers reported that they had negotiated with the applicant to try and reduce the impact of the changes and this was reflected in the proposal and the recommendations.

 

Clarification was sought as to whether it was possible to Condition that the existing acoustic fencing at the site be retained.  Officers noted that no changes were proposed in the application.  They confirmed that whilst the whole site outlined did not belong to the applicant, ownership was not a planning consideration and as long as the feature was within the red line, it was possible to require that the fence was retained as part of the conditions due to its mitigation role.

 

Members raised concerns about the hours of operation and the impact that this would have on local residents.  Officers reported that the existing use had no time limitations which allowed deliveries to be made and received at any time of day or night.  The hours of operation would also be covered through the licensing requirements which would be dealt with under the relevant legislation.  Enforcement for noise was also covered separately.  Members felt it important that support was provided to residents by the applicant and recommended that a suitable out of hours contact number should be provided, highlighted through an Informative should the application be granted.

 

The Committee queried how the levels of sound prior to the change of use and after would be measured to allow enforcement to be undertaken.  Officers suggested that a Condition could be applied which would measure the background noise levels at the boundaries and then calculate the peak noise level to be allowed.  This would help to address the concerns raised by the Committee and local residents and provide the base background levels to Environmental Health for enforcement action if required.

 

Questions were raised about the possibility of using low lighting (brightness) during certain periods, recognising that changes had already been made to use down lighters and reduce light spillage and glare.  Officers responded that this was partially addressed through Condition 3 and was therefore considered sufficient.

 

RESOLVED that planning permission be GRANTED subject to the conditions set out in the Officer’s report and the tabled addendum and the additional conditions and informative below are included:

 

CONDITION

1)    That the existing acoustic fencing bordering the site is retained to help mitigate the impacts of the change of use.

2)    The level of  ...  view the full minutes text for item 1684.

[At 8.11 pm after the end of the previous item the Chair adjourned the meeting.]

[At 8.23 pm before the start of the next item the Chair resumed the meeting.]

1685.

18/2202/ADV Unit B1, Greatham Road Industrial Estate, Bushey, WD23 2NZ

The details of this application are covered in the report for Item 5D, application number: 18/2201/FUL Unit B1, Greatham Road Industrial Estate, Bushey, WD23 2NZ.

Additional documents:

Minutes:

The Committee, having debated the site as a whole during their deliberations on Item 5D, 18/2202/ADV Unit B1, Greatham Road Industrial Estate, Bushey, WD23 2NZ, agreed that the advertising consent to support the application be granted.

 

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

1686.

19/0839/FUL 21 Oakmere Avenue and land rear of 3, 5, 7, 9 and 11, Oakmere Avenue, Potters Bar pdf icon PDF 146 KB

Additional documents:

Minutes:

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

 

Mr Walker of Bell Street, Ryegate spoke in favour of the application as the applicant.

 

The Committee debated the proposal and the concerns which had been raised with regards to previous applications on the site.  This included the impact on local traffic, the cramped nature of the development, the ecological impact and other related issues.  Officers highlighted that the only reason for dismissal given by the Planning Inspector for the previous application related to affordable housing which had now been addressed.  The Planning Inspector had not given any weight to the other concerns which had been raised and this represented a material planning consideration.

 

The Committee remained concerned that the original reasons they had given for rejection on the previous application were still valid and that the site was cramped and would have an adverse impact on traffic.  A Member also raised concerns about the use of a shared surface for pedestrians and vehicles over such a long distance.  However they recognised that Highways had not objected and the concerns had not been upheld by the Planning Inspector.

 

RESOLVED that planning permission be GRANTED subject to a suitable Section 106 agreement being in place and subject to the conditions set out in the Officer’s report.

1687.

19/0117/FUL Former Hertswood School, Thrift Farm Lane, Borehamwood, WD6 1TS pdf icon PDF 190 KB

Additional documents:

Minutes:

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

 

Clarification was requested that any money provided for affordable housing was ring-fenced for that purpose.  Officers confirmed that this formed part of the existing agreements and that no changes were proposed for this.

 

The Committee deemed the proposed changes as acceptable.

 

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

[At 9.06 pm Councillor S Quilty left the meeting prior to the next Item.]

1688.

19/0258/FUL Land RO 16 - 18A Merry Hill Road, Bushey pdf icon PDF 132 KB

Additional documents:

Minutes:

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

 

The Officer provided a verbal update to clarify that Plan P05 - Existing & Proposed: Demolition Extension & Works to No 16 had been previously omitted but did form part of the application.

 

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

 

The Committee recognised that this application was the final one within the vicinity and was in keeping with the previous developments.  Concerns were raised about whether the level of parking would be sufficient with properties having five bedrooms, however it was recognised that this was not grounds for refusal.

 

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

[At 9.25 pm Councillor S Quilty returned to the meeting prior to the next Item.]

1689.

19/0744/FUL 111 Strafford Gate, Potters Bar, EN6 1PR pdf icon PDF 133 KB

Additional documents:

Minutes:

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

 

Mr Bradbeer spoke in favour of the application on behalf of the applicant as the agent.

 

The Committee welcomed the proposals and were supportive of the changes which would bring the property back in to use and also restore a level of symmetry in the semi-detached pair of houses.

 

A Member queried that as the property was in Council ownership whether it would be used for housing needs or sold.  They were informed that all applications from the Council came to Committee to provide transparency, ownership was not a material planning consideration.  The usage of assets was dealt elsewhere within the Council to ensure a separation of responsibilities.

 

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

16810.

19/1002/FUL Oakmere Park, High Street, Potters Bar pdf icon PDF 155 KB

Additional documents:

Minutes:

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

 

The Committee were supportive of the application and the enhanced use of the area.  Clarification was sought over how long it would take to construct.  Officers noted that they did not have this information as it was not a planning consideration.

 

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

[At 9.49 pm at the end of the previous item the Chair held a vote to extend the meeting past 10.00pm.  The vote was carried.]

169.

Arsenal Planning report 2018-19 pdf icon PDF 236 KB

The Community Sports Programme was created in the context of a Section 106 agreement under a planning approval for the extension to the indoor pitch for a player performance centre and the relocation of the pitch maintenance equipment store. It is a requirement that the steering group produces and presents an annual report to the Planning Committee on the programme.

 

The Committee is invited to note the contents of the annual report and consider and make any necessary comments.

Additional documents:

Minutes:

At the start of the Item Councillor D Carter declared a non-pecuniary interest as a Member of the Arsenal Steering Group.

 

Report No. PLA/19/01 from the Community Sports Officer was received. The Officer presented the annual report from the Steering Group of the Arsenal Training Ground Hertsmere Sports and Community Partnership Programme.  This was the fourth year of the second Section 106 agreement and the report covered the period of April 2018 – March 2019.  This included summarising how they worked in the community and provided a short video of the activities which had been undertaken.

 

The Officer highlighted some of the achievements which included language events, working with local schools and the positive impact that this has had with pupils.  The current agreement had a year left to run, however Arsenal Football Club had already indicated their willingness to continue their work in the community and that this was being explored.

 

In response to questions from Members, it was reported that work was also going on with Watford Football Club.  This was focussed on disability access so that it was complementary to the work with Arsenal Football Club rather than competing with their activities.

 

The Chair and Members congratulated the Community Sports Officer on the success of the programme, which was much appreciated in the community, and thanked them for all their work.

 

RESOLVED that the annual report be noted.

170.

Planning Appeals: current position pdf icon PDF 51 KB

To receive the attached lists for information.

Additional documents:

Minutes:

Noted the current planning appeals and appeal decisions as set out at Item 7 of the agenda.

171.

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.

172.

Date of Next Meeting

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

·         12 September 2019

·         10 October 2019

·         14 November 2019

·         12 December 2019

·         16 January 2020

·         13 February 2020

Additional documents:

Minutes:

The next meeting was scheduled for Thursday 12 September 2019 at 6pm.