Agenda item

To consider application UTT/22/1261/FUL.

The Senior Planning Officer presented an application for the demolition of 10 no. existing structures, the conversion and restoration of 8 no. existing buildings to form 8 no. holiday cottages and 1 no. dwelling, the construction of 3 no. single storey dwellings. There would also be the creation of a pedestrian and cycle link path.

This application had previously been presented to the Planning Committee in October 2023, and the application was deferred so that the report could be brought back with reference to the 2018 appeal decision on the site.

He recommended that the application be approved, subject to those items set out in section 17 of the report.

Officers clarified that it was in their view that the site was not previously developed land, as the former Prisoner of War Camp was considered a temporary use. Therefore, the site could not be exempt under paragraph 149(g) of the NPPF and in order to be deemed acceptable within the Green Belt, the proposal would require “very special circumstances” which would outweigh the harm identified, as outlined in paragraphs 147 and 148 of the NPPF. In this case, the “special circumstances” for the site was the historical benefit of the proposal as it sought to restore a portion of the Prisoner of War Camp enabled by the addition of new dwelling house on the site, as well as a degree of public access. However, it was for the committee to decide for themselves as to whether the tests within paragraphs 147, 148 and 149(g) applied.

In response to further questions, Officers confirmed the following:

·       A letter from the Clerk of Hatfield Heath Parish Council, regarding traffic problems had been sent directly to the Case Officer; however, this had not been included on the Late List as the Officer had been absent.

·       The Highways Authority raised no objection towards the proposal, subject to conditions.

·       The commercial aspect of the development did not automatically rule it out as unacceptable within the Greenbelt.

·       It was for Members to decide how much weight should be applied towards the holiday let bringing a heritage asset back into use.

Members discussed:

·       The access to the scheme was acceptable.

·       Essex Highways had not raised any objections with the proposal.

·       There were concerns surrounding flooding on to Stortford Road which had been caused by a filled-in ditch. The Parish Council had been liaising with Essex Highways on this issue.

·       The proposed footpath to Home Pastures and Broomfield would not reduce the number of pedestrians using Mill Lane as it would take longer to reach their destination on the new route.

·       Eight holiday lets was not a viable commercial proposal in Hatfield Heath.

·       The Inspector of the 2018 appeal concluded that the site was previously developed land. However, dismissed the application due to harm to the Green Belt, heritage and the character and appearance of the area contrary to the development plan and national policy.

·       There was currently not a scheme which would retain the pre-existing buildings or restore them to their original condition.

·       ECC Place Services stated that the proposal would inevitably result in harm to the significance of the non-designated heritage asset.

Members debated the principle of the development; specifically whether the site could be considered to be on previously developed land and, if not, whether the proposed restoration of the non-designated heritages assets was to be considered very special circumstances which would outweigh the harm to greenbelt. There was general agreement that it was not previously developed land, and therefore the exemption under paragraph 149(g) of the NPPF was not applicable. In addition, most members concluded that the benefits of the proposal could not be considered “very special circumstances” which would outweigh the harm identified, including the heritage and greenbelt. For this reason, the application also failed to meet the tests found within paragraphs 147 and 148 of the NPPF.

Councillor Emanuel proposed that the application be refused on the following grounds:

The proposed development would constitute inappropriate development within the Green Belt and additional harm would result from the loss of openness. The harm by reason of its inappropriateness and loss of openness was not clearly outweighed by other considerations. There were no very special circumstances associated with the proposal that would outweigh the harm identified, therefore it failed to meet the tests found within paragraphs 147, 148 and 149(g) of the National Planning Policy Framework (2023)

The proposal was therefore contrary to Policy S6.

This was seconded by Councillor Lemon.

        RESOLVED that the Director of Planning be authorised to refuse permission for the reasons listed above.