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Agenda and minutes

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Items
No. Item

81.

Membership

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

Additional documents:

Minutes:

The Chair welcomed everyone to the meeting and announced that, following the changes to legislation, the meeting was being held online due to the COVID-19 lockdown restrictions. Councillors and Officers were participating online and the Press and Public were able to view the meeting live on the Council website.

 

The meeting would follow the usual format whilst accounting for the requirements of an online meeting.

 

The Chair held a roll call of Members to confirm that all were present.

 

There had been no changes in membership of the Committee.

82.

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.

 

All Members were present.

83.

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 the linked Items 5A, 17/2493/OUT Land Off, Cowley Hill, Borehamwood and 5B, 17/2494/OUT Land North of, Potters Lane, Borehamwood as Portfolio Holder for Finance, Property & Economic Development for Hertsmere Borough Council as the property may come in to ownership of the Council.  On this basis he would take part in the debate but not the vote for the items.

 

Councillor A Spencer declared a non-pecuniary interest in Item 5C 20/0245/FUL 10 and 10A, Watford Road, Radlett, as one of the objectors was an acquaintance and was excluded from the online meeting for the item.

84.

Minutes pdf icon PDF 167 KB

To approve and sign the minutes of the meeting of the Planning Committee held on 18 June 2020 ATTACHED and the Special Meetings held on the 24 June 2020 ATTACHED and the 8 July 2020 TO FOLLOW.

 

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 June 2020 and the Special Meetings held on the 24 June 2020 and the 8 July 2020 be approved and signed as a correct record on return to the Civic Offices.

85.

Planning Applications for Determination at the Meeting pdf icon PDF 303 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.

851.

17/2493/OUT Land Off, Cowley Hill, Borehamwood pdf icon PDF 623 KB

Additional documents:

Minutes:

The Chair introduced Item 5A, 17/2493/OUT Land Off, Cowley Hill, Borehamwood and Item 5B, 17/2494/OUT Land North of, Potters Lane, Borehamwood together. They explained that there would be one presentation followed by speakers for each application and a joint debate.  The applications would then be voted on individually.

 

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

 

The first set of speaker on application 7/2493/OUT Land Off, Cowley Hill, Borehamwood were then heard.

 

Ms C Crossland of Alexandra Road, Borehamwood had registered to speak against the application as a local resident and an audio file was played to the meeting on her behalf.

 

Mr S Brown of Woolf Bond Planning spoke in favour of the application on behalf of the applicant.

 

Cllr R Challice spoke against the application as Community Advocate.

 

The second set of speaker on application 17/2494/OUT Land North of, Potters Lane, Borehamwood were then heard.

 

Ms J Dunsford of Alexandra Road, Borehamwood spoke against the application as a local resident.

 

Mr S Brown of Woolf Bond Planning spoke in favour of the application on behalf of the applicant.

 

Cllr M Vince spoke against the application as Community Advocate.

 

The Head of Planning & Economic Development confirmed that as this was an amendment to the heads of terms for the Section 106 agreement following the resolution of this Committee in November 2018.  There had been no requirement to consult again on the applications as a whole as they had not changed physically.

 

The Committee discussed that the original application had been justified as very special circumstances in the green belt with stipulations that the school was to be practically complete before the residential scheme could be commenced, but with scope to vary this as required (such provision being delegated to the Head of Planning & Economic Development in consultation with the Chair of the Planning Committee).  The potential school site was considered a good location due to its proximity to the existing school that it would feed in to. The S106 agreement terms were now being altered so that the land would be transferred to the Council prior to commencement of the residential scheme.  This reflected the Hertfordshire County Council’s report that a new school was not required until at least 2025.

 

The Committee questioned what safeguards and assurances could be put in place to ensure that the school would be built on the land and that it would not be used for other forms of development.  There was concern about what would happen to the land if the properties were built and Hertfordshire County Council advised that the requirement for a school was further delayed or fell away.  Officers confirmed that there was no way to obligate Hertfordshire County Council to build the school and that the intention was that Hertsmere Borough Council would hold the land and safeguard it until required.

 

Clarification was given as to the options available to the Committee due to the uncertainty around arrangements for the school site.  Officers confirmed  ...  view the full minutes text for item 851.

852.

17/2494/OUT Land North of, Potters Lane, Borehamwood

The details of this application are covered in the report for Item 5A, application number: 17/2493/OUT Land Off, Cowley Hill, Borehamwood.

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 5A, 17/2493/OUT-Land Off, Cowley Hill, Borehamwood.

 

The Committee, having heard the speakers for this application and debated their areas of concern on the site as a whole during their deliberations on Item 5A, Land off Cowley Hill, agreed that the application should also be deferred on the same grounds.  This was proposed by Councillor J Newmark and seconded by Councillor B Rosehill.

 

RESOLVED that planning permission be DEFERRED on all matters to allow for additional information and clarification to be presented to the Committee on this and the linked application 17/2493/OUT Land Off, Cowley Hill, Borehamwood.

[At 7.38 pm after 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.]

[At 7.46 pm Councillor Spencer left the meeting prior to the next Item.]

853.

20/0245/FUL 10 and 10A, Watford Road, Radlett, WD7 8LD pdf icon PDF 208 KB

Additional documents:

Minutes:

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

 

Ms B Miller of HGH Consulting spoke in favour of the application on behalf of the applicant.

 

The Committee raised concerns about the lack of affordable housing contributions for the application but recognised the limitations provided by the site and the response from the housing service.

 

The level of sustainability designed in to the application was welcomed by Members.

 

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

[At 8.20 pm Councillor Spencer returned to the meeting prior to the next Item.]

854.

19/1777/OUT Edgwarebury House Farm, Elstree Hill South, Elstree, WD6 3DE pdf icon PDF 267 KB

Additional documents:

Minutes:

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

 

The Committee raised a number of issues with the application including the loss of trees, loss of employment land and the failure to provide affordable housing provision.  The lack of a Section 106 agreement also concerned Members.

 

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

855.

20/0525/FUL Organ Hall Farm, Theobald Street, Borehamwood, WD6 4PH pdf icon PDF 251 KB

Additional documents:

Minutes:

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

 

Mr W Williams of Caravan Site, Theobald Street submitted a written statement against the application, as a neighbour, which was read out by the Legal Officer.

 

Mr S Warner of Warner Planning spoke in favour of the application on behalf of the applicant.

 

Cllr M Vince spoke against the application as Community Advocate.

 

In response to issues raised during the speeches Officers confirmed that site notices had been erected including by the right of way and neighbour letters had been sent out.  Noise nuisance was an Environmental Health issue and they were consulted on the application.  If a complaint was raised by a future occupier the existing usage would be a material consideration of any enforcement.

 

The Committee discussed the implications of changing the use of the land from employment to residential.  Members remarked that this had been a concern when the original scheme had been approved.

 

Members felt that the original permission was a preferable use for the site.  Officers confirmed that it was still possible for the first planning application to be implemented.

 

Clarification was given by Officers as to the quality and types of affordable and social housing that were being proposed.  The Committee recognised that the Housing team had agreed with the form proposed and that housing providers sought single blocks that they could more easily manage.

 

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

856.

19/1162/FUL Spylaw House, Newlands Avenue, Radlett, WD7 8EL pdf icon PDF 222 KB

Additional documents:

Minutes:

Mr G Barnett of Newlands Avenue, Radlett spoke against the application as a local resident.

 

Mr S Rowberry spoke in favour of the application on behalf of the applicant.

 

Cllr D Lambert spoke against the application as Community Advocate.

 

The Committee raised a number of issues with the proposed landscaping and the reduction in separation distances between the planned dwelling and the lane.  The building itself was considered to be too large and would have a negative impact on the local area that was not enhance or preserve the character and appearance of the area.  Members discussed whether a Condition could be used to further detail, enhance and protect the landscaping proposals but this was not deemed to be viable.

 

Councillor J Graham proposed that, as the application failed to address the issues raised previously by the Planning Inspectorate for application 15/1556/FUL on the site, it should be refused on the same grounds outlined in paragraphs 11 to 13 of the Appeal Decision.  Councillor S Quility seconded this.

 

RESOLVED that planning permission be REFUSED on the grounds that:

The proposed replacement dwelling by reason of its substantive built form dominating Malt Lane and the lack of suitable landscaping would result in an overly dominant impact adversely affecting the rural nature of the lane and the landscaped character and appearance of the Conservation Area.  The development would therefore fail to preserve the character and appearance of the Conservation Area contrary to the NPPF, Policies CS14 and CS22 of the Core Strategy 2013 and SADM29 and SAM30 of the Site Allocations and Development Management Policies Plan 2016.

86.

Planning Appeals: current position pdf icon PDF 44 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.

87.

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.

88.

Date of Next Meeting

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

·         13 August 2020

·         10 September 2020

·         08 October 2020

·         12 November 2020

·         10 December 2020

Additional documents:

Minutes:

The next meeting was scheduled for Thursday 13 August 2020 at 6pm.