Up to 58 homes at Land East Of Cox Ley, Hatfield Heath

What was proposed

An outline application sought up to 58 homes, associated development and two vehicle accesses, with most details reserved for later approval.

“Outline planning permission with all matters reserved (except for vehicular access) is sought for the erection of up to 58no. residential units.”

“The site is located within the Metropolitan Green Belt and classified as Grey Belt land. Where it has been established that a development does not amount to inappropriate development on previously developed land or grey belt land, there is no policy requirement to give substantial weight to any harm to the Green Belt including to its openness. In addition, no very special circumstances are required to justify the development.”

Officer report

The site and its surroundings

The site was a 3.64-hectare open field beside existing homes, with protected trees, public footpaths, open space and a play area nearby.

“The application site is a rectangular shaped plot which has a portion of open space directly abutting the southern boundary abutting The Shaw. This area of open space is directly north of a residential area comprising of dwellings along West Hayes and The Shaw and acts as a landscape buffer between the application site and the residential area.”

“A small children’s play area is contained within the open space in the western corner which can be accessed through Cox Ley and West Hayes. The western, southern and eastern boundaries of the application site are mostly characterised by residential developments whereas the northern boundary is characterised by open agricultural fields.”

Officer report

Why officers recommended approval

Officers considered the site Grey Belt, sustainably located and capable of delivering benefits that outweighed noise, landscape, footpath and agricultural land harms.

“The Framework recognises the need for a pragmatic and flexible balance to be found on Green Belt policy. The site is determined as Grey Belt land, in accordance with the Framework and all criteria set out in paragraph 155 are met. The proposal is therefore not inappropriate development in…”

“- Undesirable noise implications to occupants of the dwellings, but addressed through planning conditions (moderate-substantial weight); - Visual harms to users of the public footpaths (moderate weight); - Substantial change to the landscape character (moderate weight) - Loss of agricultural land (limited weight)”

Officer report

Who spoke

Six speakers, including a parish council representative, spoke against the application, while the agent spoke in support.

What members debated

Members considered Grey Belt status, housing supply, access, landscape, the protected tree, emerging policy and opportunities for stronger biodiversity and community benefits.

“In response to questions from Members, officers: • Re-iterated the difficulties posed by UDC only having an Emerging Local Plan and the Government’s failure to confirm that the Council had a 5- year housing land supply in place. • Confirmed that the proposed development sits within a site identified as an opportunity for habitat creation within the Essex Local Nature Recovery Strategy but that this was not a designated area.”

“Members discussed: • The site being classified as Grey Belt and sustainable. • There being no published Neighbourhood Plan for Hatfield Heath. • There being no objections from Statutory Consultees. • The need to protect the central TPO tree (T1). • The application being contrary to the Emerging Local Plan. • The difficulties caused by the Government’s failure to confirm that UDC had a 5-year housing land supply.”

Minutes

The committee's decision

The committee authorised permission subject to the legal agreement and conditions, with revised tree buffers and biodiversity measures to be included.

“The Chair proposed approval of the application, together with ensuring a revised parameter plan was in place (to ensure sufficient buffer zones for the TPO trees and veteran tree) and moving BNG targets towards 20% or finding something tangible to benefit the community. The corresponding condition regarding the parameter plan will also need to be in place in the permission.”

“RESOLVED that the Strategic Director of Planning be authorised to grant permission for the development subject to the conditions set out in section 17 of the report, together with additional items in the proposal above- A) Completion of a s106 Obligation Agreement in accordance with the Heads of Terms as set out.”

Minutes