MEMORANDUM30 June 2008

To:Members of the DevelopmentFromCOUNTY SECRETARY’S

Control CommitteeDEPARTMENT

Chief OfficersAsk forAdrian Service

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DEVELOPMENT CONTROL COMMITTEE

10JUNE 2008

MINUTES

ATTENDANCE

MEMBERS OF THE COMMITTEE

N E Agar, G R Churchard, D J Drake (substituting for M D R Muir), D S Drury,

B N W Hammond (Chairman), D A A Peek, E T Roach, E N Singam, W A Storey,

J W A Usher (Vice - Chairman).

Upon consideration of the agenda for the Development Control Committee meeting on

10June 2008, as circulated, copy annexed, action was taken or decisions were

reached on individual items as recorded below.

ELECTION OF CHAIRMAN

RESOLVED

That B N W Hammond be elected Chairman of the Committee for the Civic Year 2008 / 2009.

ELECTION OF VICE – CHAIRMAN

RESOLVED

That J W A Usher be elected Vice - Chairman of the Committee for the Civic Year 2008 / 2009.

MEMBERSHIP

To note that D J Drake has been appointed to replace M D R Muir as a member of this Committee for this meeting only.

MINUTES

The Minutes of the meeting of the Committee held on 13May 2008were approved as a correct record.

PUBLIC PETITIONS

No petitions to be presented to this meeting had been received.

NOTIFICATION OF OTHER BUSINESS

None notified.

MOTIONS

None notified.

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  1. NORTH HERTFORDSHIRE DISTRICT - APPLICATION FOR THE REGISTRATION OF LAND AT Yeomanry Drive, Clothall Common, Baldock, AS A TOWN OR VILLAGE GREEN

[Officer contact : Rosalinde ShawTel : 01992 555285]

Ms P Farrant on behalf of S.O.G.S. [Save Our Green Spaces] Residents Association made a presentation supporting the application to register the land as a Town or Village Green.

It was noted that copies of S.O.G.S. presentation plus attachments [Documents A to H2] had been circulated by E mail to Committee Members on 6 June 2008and hardcopies immediately prior to the meeting.

Mr B Jones on behalf of the land owner, North Herts District Council, made a presentation opposing the application to register the land as a Town or Village Green.

The Definitive Map Team Leader, Rights of Way Service, Environment Department advised that the first line of paragraph 5.3 on page 5 of the submitted report should read ‘ Should any party [rather than ‘the applicant’] seek judicial review of the procedures and processes’….. .

The Committee in particular noted the lack of open space in this area of Baldock

but this was not a relevant issue to be considered in determining whether the land was a village or town green.

In response to a question, the Definitive Map Team Leaderadvised that whilst this area was known as Clothall Common, there was currently no actual land registered as common land in this area.

The Committee Chairman advised that the local CountyCouncillor for this area supported the application made by S.O.G.S. Residents Association for the land to be registered as a Village or Town Green.

The Definitive Map Team Leader in response to a question advised that the Inspector who had been engaged by the Council and conducted the two Local Inquiries into this application worked for a Law Chambers which specialised in Common Land.

RESOLVED

That, for the reasons set out in the report, the Director of Environment be authorised to reject the application to register the land at Yeomanry Drive, Clothall Common, Baldock, as a town or village green.

2.THREE RIVERS DISTRICT - APPLICATION FOR USE OF THE SITE FOR RECYCLING, RECOVERING AND MANAGEMENT OF WASTE METAL WITH ANCILLARY STORAGE, ERECTION OF TWOBUILDINGS AND REPLACEMENT PERIMETER FENCING/GATES AT ASM METAL RECYCLING CENTRE,

RAILWAY TERRACE, KINGS LANGLEY

[Officer contact : Felicity HartTel : 01992 556256]

The Head of the County Development Unit, Environment Department advised that consideration of the planning application should be deferred to enable the applicant to provide a flood risk assessment and address the other matters set out in the conclusions paragraph [para 3] of the submitted agenda report.

A request was made for the Highways Authority to look at the safety concerns raised by local residents relating to the adjoining road and narrow bridge which formed part of the route to the nearby school used by local children.

RESOLVED

Thatconsideration of the application be deferred to enable further information

including a flood risk assessment to be supplied by the applicant.

3.REVIEW OF ENFORCEMENT (APRIL 2007 – MARCH 2008}

[Officer contact : Bob MoonTel : 01992 556224]

The Development Control Manager, County Development Unit, Environment Department advised on the performance of the Planning Enforcement Team during the period from April 2007 to March 2008.

He stated that during the past year the number of public complaints received had reduced from 218 to 189 and the number of formal notices issued had decreased from 16 to 5.

Since the introduction of chargeable site visits for mineral and landfill sites in April 2007, a total of 111 chargeable monitoring site visits have been undertaken.

The system has worked well for its first year and has run smoothly.In addition to chargeable visits, site visits are undertaken to investigate complaints of breaches of planning control - such as mud on the highway.

In the current year, a maximum of 122 chargeable visits was proposed

The Enforcement Team comprises of three officers, lead by Bob Moon. The Team’s work is divided between monitoring private development, enforcement and responding to complaints. Most of the work in respect of complaints and enforcement relates to waste development. Minerals issues are generally resolved with operators.

The Development Control Manageradvised that the planning enforcement function was due to be scrutinised as an one off item by a Topic Groupto be established and would be undertaken at a meeting to be programmed and held between July to September 2008.

RESOLVED

That the Committee welcome the report, noting the contents and congratulate the Enforcement Team for their contributions that have led to a marked improvement of planning control of minerals and waste sites in Hertfordshire.

4.EAST HERTS DISTRICT - APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A LEACHATE TREATMENT FACILITY, CONTROL ROOM AND ASSOCIATED PLANT FOR DISCHARGE TO SEWER AT WESTMILL LANDFILL SITE, WESTMILL ROAD, WARE

[Officer contact : Conor GuilfoyleTel : 01992 588670]

The Head of the County Development Unit, Environment Department advised that no objections had been received. She statedthatEast Herts District Council had no objection in principle but had requested that the following issues be explored: -

  • Excavating the land to lower the facility by 0.5metres or that bunding with landscaping is provided around the facility at an appropriate distance to mask the site, as the unit will be in place for at least 30 years.
  • In terms of sustainability, additional landscape/screening/bunding work to be included within a Landscape Management Agreement for the site, extending in terms, regardless of ownership to cover the 30 years.
  • After 30 years the existing facility unit at the south east of the site would be dismantled, and the area reinstated to an appropriately managed area, with additional landscaping and tree planting to the boundary facing the residential matrix across the A10 motorway.

She advised in respect of these comments that lowering the building by ½ metre would have little overall impact. It would also be undesirable to remove the existing leachate facility as it is proposed to retain this as a back up facility, if required. However it is considered that longer term landscaping would be appropriate.

She advised that the Environment Agency also had no objection in principle but consider conditions to ensure that the infrastructure should be resistant to corrosion by the substances stored within. The bund should also be able to contain any jetting that may occur from a tank failure. These observations have been incorporated in the recommended conditions.

In response to a question, the Head of the County Development Unit advised that in the event of the site operator wishing to amend the leachate treatment plant they would need to submit a new planning application.

The Committee Chairman advised that the local CountyCouncillor for this area was happy with the planning application with the planning conditions proposed to be imposed.

RESOLVED

That, for the reasons set out in the report, the Director of Environment be authorised to grant planning permission subject to conditions to include: -

a)Permitted time limit for commencement;

b)duration of development;

c)contractors hours of working;

d)location of contractor parking and compound area;

e)hours during construction;

f)vehicle movements;

g)odour;

h)landscaping provision and maintenance;

i)the bund wall, bund base and all other parts of the containment infrastructure to be resistant to corrosion from the substances stored within;

j)measures to ensure appropriate containment of the tanks within the compound either by all tanks being double skinned; or the 0.5 metre bund wall must be sufficient to contain 110% of the capacity of the largest tank within the compound and the base of the compound being designed to provide the containment

k)the bund shall be capable of containing any jetting that may occur from a high level tank failure

l)the bund and any impermeable surface shall not contain any drains or protusions that may affect their integrity;

m)restoration of the land following removal of the infrastructure.

A L Laycock

CountySecretary

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