Residents rejoice as college told controversial chimneys are unlawful (From Watford Observer)

Residents rejoice as West Herts College told controversial chimneys are unlawful

10:03pm Thursday 18th February 2010 in News By Neil Skinner

Councillors delivered a surprise blow to the multi-million pound West Herts College redevelopment tonight when they ruled a controversial outbuilding to be unlawful.

After a long an emotive debate, Watford Borough Council threw out an application by the college to sign-off controversial alterations to previously agreed plans – namely three large chimneys currently billowing "smoke" into neighbouring gardens.

The college now faces imminent enforcement action from the council – likely to result in an order to tear down the offending structures.

The council’s development committee, meeting in a packed Town Hall chamber, also deferred a decision to approve noise levels at the Hempstead Road site, choosing instead to demand further evidence from the applicant.

Its members were persuaded by furious neighbouring residents of Cassiobury Drive, who argued the 11th hour addition of three chimneys atop the Service Intake Building (SIB) – just metres from their homes – would blight their lives.

Councillor George Derbyshire, who stood down from the committee in order to fully represent his constituents, delivered a withering verdict on both the application and, significantly, the behaviour of the college and its advisors.

“This is a cynical attempt by the college and its advisors to present this council and residents with a fait accompli, in an attempt to push through something that they must have suspected would meet with stiff opposition

Councillor George Derbyshire

In a passionate five minute address he accused them of showing “scant regard for the planning process”.

He added: “It cannot be right. It just cannot be right that people’s lives are being blighted by an unacceptable and unauthorised development of this nature. The whole point of the planning system, introduced in 1948, was to remove from landowners the right to develop their land in whatever way they choose, and for development to be controlled by the state, acting fairly in the best interests of all. That is what you, members, are being asked to do this evening – to act fairly.

“This is a cynical attempt by the college and its advisors to present this council and residents with a fait accompli, in an attempt to push through something that they must have suspected would meet with stiff opposition.

“To allow the applicant to get away with this in these circumstances would be scandalous.

“What is at stake here is the credibility of the planning system, the credibility of Watford Borough Council as a planning authority… and your own consciences. I urge you to refuse approval.”

Councillor Derbyshire, who had taken the unprecedented step of distributing video footage to residents before the meeting, then left the chamber to loud applause from more than 30 residents squeezed inside.

Councillor Rabi Martins went further still, suggesting the current layout “comes close to violating human rights for people to enjoy their property".

College chief executive Elizabeth Rushton admitted the college could have handled its communications better but stressed it was doing all it could to "mitigate the impact of the development on residents”.

The chimneys, she added, emitted not smoke but the kind of steam given off by any normal domestic boiler. The appearance of thick white smoke, she continued, was greatly increased by the current cold weather.

The committee, however, was unmoved, and – despite warnings of the possible consequences – voted down the main application.

Its members, many of whom appeared visibly concerned by the decision they were forced to make, had to contend with grim warnings by one expert council officer that the matter would almost certainly end in a costly public inquiry. There was every chance, he added, that Council Tax payers would be landed with the inevitably hefty legal bill.

The committee’s decision, however, was unanimous. Councillor Iain Sharpe appeared to sum up the concerns of all committee members. They had, he concluded, “no choice” but to reach the decision they did.

Speaking after the meeting resident Jane Gregory said: “We are delighted, we have worked so hard for this. We would like to thank Councillor Derbyshire and all the councillors who have worked so hard to represent us.”