Agenda and draft minutes

None received.

To agree the minutes of the meeting held on 14 March 2024 as a true and accurate record and for the Chair to sign.

The minutes of the Planning Committee held on 14 March 2024 were confirmed as a correct record and signed by the Chair of the meeting.

To receive any declarations of interest.

There were no declarations of interest.

Items of other business notified under Council Procedure Rule 30 to be announced, together with the special circumstances that justify their consideration as a matter of urgency. The Chair to rule on the admission of such items.

There were no items of other business.

Variation of Conditions 2, 4, 10, 19 and 32 pursuant to planning permission 22/0491/FUL [The provision of new sound stages, workshops, production and post-production offices, Studio support facilities (including new welfare and café building) and new roundabout to provide vehicular access to the Studios and Island Site; the construction of decked car parking and a pedestrian footbridge (Island Site); the use of land to the west of the Studios for film production and associated activities (Backlot 2); ecological improvements to existing field (Lower Field) together with site-wide landscape and necessary utilities and infrastructure works, bund construction, and ground re-profiling] to vary the approved plans and drawings (condition 2); to vary the triggers for the timing of the delivery of highway improvements (conditions 4, 10 and 32) and to amend the wording of condition 19 (noise).

Recommendation: The application be referred to the Secretary of State for the Department for Levelling Up, Housing and Communities in accordance with the Town and Country Planning (Consultation) (England) Direction 2024.

Provided the Secretary of State does not call in the application for their own determination, the APPLICATION BE DELEGATED TO THE HEAD OF REGULATORY SERVICES TO VARY CONDITIONS 2, 4, 10, 19 AND 32 AND GRANT PLANNING PERMISSION 23/1897/FUL.

Claire Westwood, Team Leader advised that there was no update on this application, instead the Officer provided a brief overview.

Members will recall that planning application 22/0491/FUL was approved in February 2023 following a Committee resolution to grant planning permission in December 2022.  The current application (23/1897/FUL) seeks minor material amendments to the approved scheme by varying the approved plans set out in condition 2 of 22/0491/FUL, these minor amendments are set out at 3.15.3 of the committee report; by varying the triggers for the delivery of conditions 4, 10 and 32; as well as a minor amendment to condition 19.

Conditions 4 (vehicular access completion), 10 (Highway Improvements – Local Cycle Network) and 32 (Decked Car Park Provision) are highways conditions that are proposed to be varied to expedite the delivery of 4 off the 11 Sound Stages previously approved (22,558sqm). Hertfordshire Highways have been consulted and their comments are included in full in the committee report, however, in summary they raise no objection to the proposed variation.

Condition 19 which is also proposed to be varied relates to Noise.  The EHO has reviewed the suggested amended wording and raises no objection as they consider that the condition will ensure that nearby residential properties are not subjected to excessive noise and disturbance.

Application 22/0491/FUL was approved subject to a number of pre-commencement conditions. The applicant has sought to provide some of that information upfront with this current application to “discharge” a number of conditions (see 3.15.28) and this is discussed in full in the report and the relevant conditions are updated where appropriate.

In relation application 22/0491/FUL it was concluded that the significant economic and social benefits, collectively combined to constitute material considerations of sufficient weight to provide ‘very special circumstances’ that clearly outweighed the identified harm to enable planning permission to be granted subject to conditions and a S106 Legal Agreement.  These conclusions are considered to remain relevant to the current S73 Application. 

The S106 completed for 22/0491/FUL included a clause which secures that all of the planning obligations secured will automatically bind any new planning permission issued pursuant to Section 73.  Therefore, as there are no new planning obligations, a Deed of Variation to the S106 Agreement is not required in this case.

The applicant, Mr. Bisoni, spoke in support of the application.

In response to a question raised regarding the wording of the recommendation of this application, the Officer advised that the recommendation is a standard wording, and it was not influenced by Members in any way, and it also reflects the wording of the application 22/0491/FUL, when that came to committee previously. The Officer further advised that the issue of the referral to the Secretary of State for the Department is set out under 7.21 of the report, and proceeded to read out the paragraph to the committee for clarification.

Councillor Steve Drury moved, seconded by Councillor Stephen King that the application be referred to the Secretary of State for the Department for Levelling  ...  view the full minutes text for item PC65/23

Widening of entrance to Leavesden Country Park including alterations to existing wall and new brick piers and railings, installation of vehicular barrier; installation of disabled parking bays, pedestrian island, replacement flagpole; and associated landscaping works.

Recommendation: That Planning Permission be granted.

Tom Norris, Planning Officer confirmed that he had no update to give to the Committee on this application. However, he informed the committee that there were concerns from the Ward Councillors with regards to security and the proposed kerb style and height adjacent to the proposed car parks. The Officer advised that kerb height is not something that is generally specified under planning applications, but officers noted the concerns from Councillors and suggested that an informative be applied to any permission regarding details of kerbs to be circulated prior to their installation.  

Members of the committee raised questions on the barrier heigh restriction over the lanes, and asked officers for clarification on whether the entrance and exit are going to be single or double lanes.

Officers explained that the track is not formally a double track, but it is wide enough for two cars to drive along, and the barrier extends for the whole width of the track.

Councillor Ruth Clark moved, seconded by Councillor Chris Lloyd that planning permission be granted.

On being put to the Committee the motion was declared CARRIED by the Chair the voting being by general assent.

RESOLVED:

That Planning Permission be granted.

Subdivision of the site and construction of a single storey detached dwelling with associated bicycle and bin storage, access, parking, and landscaping works; boundary treatments and new access onto The Courtway.

Recommendation: That Planning permission be granted subject to the completion of a Section 106 agreement and conditions.

Lauren Edwards, Planning Officer advised that there was no update to the application, but provided clarification that officers were aware of an ongoing planning enforcement investigation that relates to the two semi-detached properties which are currently being constructed to the south of the site. The Officer informed the committee that she understood that there were some deviations from the approved plans but in her view these would not have a material impact on the application.

The Committee then heard a representation by a Parish Councillor from Carpenders Park objecting to the application.

The Officer then proceeded to provide clarification on the amenity space and parking of the proposed development. The Officer highlighted the information under section 7.7 of the report which sets out the requirements for the amenity space standards of the dwelling to the south of the property and the proposed new dwelling. The 50 square metres that is described under section 7.7.3 is a parcel of the garden and does not include the parking space. The dwellings to the south were approved with one space each. The other dwelling will also have its parking space, fronting Penrose Avenue as previously approved. The space serving the dwelling to the north will have its space at the end of its garden to the left hand side, and the proposed dwelling will have two parking spaces, or one parking space and a garage to the left hand side of the dwelling. Similarly, the parcel of land to the south of the dwelling, a grassed area, that has been taken into consideration and included in the amenity space calculation for the dwelling.

The Officer also responded to a question regarding the Parish Councillor’s concerns of the swept path for the turning that was going over the road on the opposite side of the pavement, confirming that the visibility displays put forward do not show the path going over the pavement on the other side, and they have been reviewed by the highways officer who is content with the information provided.

Members raised concerns regarding the grounds for the previous refusal for planning permission on cramped and contrived form of development, stating that certain elements of the reasons for the previous refusal still exists. In addition, concerns were also raised about the garage dimensions that do not meet the standards, and the overdevelopment issue on the back to back separation distances; why 9 meters is acceptable in this case.

The Officer provided clarification to these concerns; explaining that she did consider whether the applicant could potentially use one of the spaces as storage rather than as a garage, and was of the view that one space to serve the proposed dwelling would not result in demonstrable harm. Furthermore, with regards to the back to back distance; the Officer clarified that in this case it is not a back to back distance, it is a flank to rear distance, and in her view she did not think that 9 meters would have resulted in  ...  view the full minutes text for item PC67/23

None.

If the Committee wishes to consider any item in private, it will be appropriate for a resolution to be passed in the following terms:

“that under Section 100A of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined under paragraph I of Schedule 12A to the Act. It has been decided by the Council that in all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

          (Note: If other confidential business is approved under item 3, it will also necessary to specify the class of exempt or confidential information in the additional items.)

The Chair moved, duly seconded, the following motion:

“that under Section 100A of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined under paragraph (X) of Part I of Schedule 12A to the Act. It has been decided by the Council that in all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”