Items
| No. |
Item |
32. |
Minutes
To confirm the minutes of the previous meeting
(these are circulated separately)
Minutes:
|
33. |
Apologies for absence
To receive any apologies for absence
Minutes:
Apologies of absence were received from Councillors Ritchie and
Tindall.
|
34. |
Declarations of Interest
To receive any declarations of
interest
A member
with a disclosable pecuniary interest or a personal interest in a
matter who attends
a
meeting of the authority at which the matter is considered
-
(i)
must disclose the interest at the start of the
meeting or when the interest
becomes apparent and, if the interest is a
disclosable pecuniary interest, or a personal
interest which is also prejudicial
(ii)
may not participate in any discussion or vote on the
matter (and must withdraw
to the
public seating area) unless they have been granted a
dispensation.
A
member who discloses at a meeting a disclosable pecuniary interest
which is not registered in the Members’ Register of
Interests, or is not the subject of a pending notification, must
notify the Monitoring Officer of the interest within 28 days of the
disclosure.
Disclosable pecuniary interests, personal and prejudicial
interests are defined in Part 2 of the Code of Conduct For
Members
[If a
member is in any doubt as to whether they have an interest which
should be declared they
should
seek the advice of the Monitoring Officer before the start of the
meeting]
It is requested that Members
declare their interest at the beginning of the relevant agenda item
and it will be noted by the Committee Clerk for inclusion in the
minutes.
Minutes:
Councillor Guest asked Members
to remember to declare any Disclosable Pecuniary or other Interests
at the beginning of the relevant planning application.
|
35. |
Public Participation
An
opportunity for members of the public to make statements or ask
questions in accordance with the rules as to public
participation.
|
Time per speaker
|
Total Time
Available
|
How to let
us know
|
When we
need to know by
|
|
3
minutes
|
Where more than 1 person wishes to speak on a planning
application, the shared time is increased from 3 minutes to 5
minutes.
|
In
writing or by phone
|
Noon the day of the meeting
|
You
need to inform the council in advance if you wish to speak by
contacting Member Support on Tel: 01442 228221 or by email:
Member.support@dacorum.gov.uk
Please note the Development Management Committee will finish at
10.30pm and any unheard applications will be deferred to the next
meeting.
There are limits on how much of each meeting can be taken up
with people having their say and how long each person can speak
for. The permitted times are specified
in the table above and are allocated for each of the following on a
'first come, first served basis':
·
Town/Parish Council and Neighbourhood
Associations;
·
Objectors to an application;
·
Supporters of the application.
Every person must, when invited to do so, address their
statement or question to the Chairman of the Committee.
Every person
must after making a statement or asking a question take their seat
to listen to the reply or if they wish join the public for the rest
of the meeting or leave the meeting.
The questioner may not
ask the same or a similar question within a six month period except
for the following circumstances:
(a)
deferred planning applications which have foregone a
significant or material change since originally being
considered
(b)
resubmitted planning applications which have
foregone a significant or material change
(c)
any issues which are resubmitted to Committee in view of further
facts or information to be considered.
At a
meeting of the Development Management Committee, a person, or their
representative, may speak on a particular planning application,
provided that it is on the agenda to be considered at the
meeting.
Minutes:
Councillor Guest reminded the
members and the public about the rules regarding public
participation.
Councillor Guest informed the
meeting that the agenda had been reordered to allow for
applications with speakers to be heard first. The items are minuted
in the order they were heard.
|
36. |
4/00589/18/FUL - CHANGE OF USE OF LAND AND BUILDINGS FOR THE STORAGE, SALE AND REPAIR OF CARS - CHEQUERS, LONDON ROAD, FLAMSTEAD, ST ALBANS, AL3 8HD  PDF 251 KB
Additional documents:
Minutes:
This application was deferred
from the agenda prior to the meeting.
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37. |
4/00028/18/FHA - GLAZED STRUCTURE TO END OF PATIO AND FENCING. ADDITION OF THREE FLUES. INSTALLATION OF EIGHT CCTV CAMERAS. CHANGES TO DESIGN OF REAR CONSERVATORY. BASEMENT EXTENSION TO FORM GYMNASIUM, UTILITY ROOM, CINEMA AND WINE CELLAR WITH ADDITIONAL WINDOWS. ADDITION OF EXTERNAL COVERED BBQ STRUCTURE AND ALTERATIONS TO FENCING - 28 SILVERHTORN DRIVE, HEMEL HEMPSTEAD, HP3 8BU PDF 298 KB
Additional documents:
Minutes:
Councillor Maddern declared an interest in this application. She
was the ward councillor for this item and would be speaking against
it. She took no part in the discussion or voting of this
item.
I
Keen introduced the item to members and said it had been referred
to the committee due to a councillor call-in.
Mrs Thomas spoke in objection to the application.
Parish Councillor Louise Gross spoke in objection to the
application.
In
her role as ward councillor, Councillor Jan Maddern spoke in
objection to the application.
Dorel Icleanu spoke in support of the application.
Having there been no proposer to grant the application in line
with the officer’s recommendation, it was proposed by
Councillor Birnie and seconded by Councillor Matthews to overturn
the officer’s recommendation and refuse the
application.
Vote
For: 6
Against: 0
Abstained: 2
Resolved
That planning permission be REFUSED due to the
following reasons:
-
The proposed development by reason of
the siting of the covered barbeque and patio area along the
site’s southern boundary would result in unreasonable levels
of visual intrusion, overlooking and noise disturbance to the
adjacent neighbour at no. 26 Silverthorn Drive to the detriment of
their residential amenity and would be contrary to the aims of
Policy CS12 of the Dacorum Core Strategy 2013.
-
By reason of the size and siting of the
proposed covered barbeque and patio area extending significantly
rearward into the site and along the southern side boundary, the
proposal would fail to respect adjoining properties in terms of
layout and scale, contrary to Policy CS12 of the Dacorum Core
Strategy 2013.
Councillor Maddern left the meeting at 7.45pm
|
38. |
4/00872/18/FUL - DEMOLITION OF EXISTING BUNGALOW AND CONSTRUCTION OF TWO DETACHED 5-BED DWELLINGS - SYMONSDOWN, VICARAGE LANE, BOVINGDON, HEMEL HEMPSTEAD, HP3 0LT PDF 352 KB
Additional documents:
Minutes:
Councillor Riddick declared an interest in this item as he was
the ward councillor. He withdrew from the meeting and took no part
in the discussion or voting of this item.
I
Keen introduced the item to members and said it had been referred
to the committee due to a previous scheme being refused and it was
subject to a councillor call-in.
Greg Basmadjian spoke in support of the application.
It
was proposed by Councillor Birnie and seconded by Councillor C
Wyatt-Lowe to grant the application in line with the
officer’s recommendation.
Vote
For: 6
Against: 0
Abstained: 1
Resolved
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That planning permission be DELEGATED to the
Group Manager of Development Management and Planning with a view to
approval subject to the expiration of the final notification and
subject to the conditions set out below:
1. The development hereby permitted shall be begun
before the expiration of three years from the date of this
permission.
Reason: To comply with the requirements of Section 91 (1)
of the Town and Country Planning Act 1990 as amended by Section 51
(1) of the Planning and Compulsory Purchase Act 2004.
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2. Prior to the construction of the buildings hereby
permitted, details including a full schedule of all materials to be
used externally in the construction of the development hereby
permitted shall be submitted to and approved in writing by the
local planning authority. Development
shall be carried out in accordance with the approved
details. Please do not send materials
to the council offices. Materials
should be kept on site and arrangements made with the planning
officer for inspection.
Reason: To ensure a satisfactory appearance to the
development and to safeguard the character, appearance and setting
of designated heritage assets in accordance with Policies CS12 and
CS27 of the Dacorum Core Strategy 2013 and saved Policies 119 and
120 of the Dacorum Borough Local Plan 1991-2011.
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3. No development (excluding demolition) shall take
place until full details of both hard and soft landscape works
shall have been submitted to and approved in writing by the local
planning authority. These details shall
include:
means of enclosure;
proposed finished levels or contours relative to
neighbouring properties and Vicarage Lane including levelling works
to the bank;
planting plans, including specification of species,
sizes, planting centres, planting method and number and percentage
mix;
details of all external hard surfaces, including the
car parking area and drainage detail.
The approved landscape works shall be carried out
prior to the first occupation of the development hereby
permitted. The approved parking areas
shall be retained thereafter and available for that specific
use.
Reason: To ensure a satisfactory appearance to the
development and to safeguard the character, appearance and setting
of the Bovingdon Conservation Area in accordance with Policies CS12
and CS27 of the Dacorum Core Strategy 2013 and saved Policy 120 of
the Dacorum Borough Local Plan 1991-2011 and to ensure the
permanent availability of the parking area in the interests of
highway safety in accordance with Policy CS12 of the
...
view the full minutes text for item 38.
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39. |
4/00415/18/FHA - ROOF EXTENSION AND WINDOW ALTERATIONS - 7 CHESNUT CLOSE, POTTEN END, BERKHAMSTED, HP4 2QL PDF 177 KB
Additional documents:
Minutes:
B
Curtain introduced the item to members and said it had been
referred to the committee due to the contrary views of Nettleden
and Potten End Parish Council.
Anna Ashworth and Rebecca Gravell spoke in objection to the
application.
Parish Councillor Dina Westenholz-Smith spoke in objection to
the application.
Andrew Giles spoke in support of the application.
It
was proposed by Councillor Matthews and seconded by Councillor C
Wyatt-Lowe to grant the application in line with the
officer’s recommendation.
Vote
For: 5
Against: 2
Abstained: 1
Resolved
That planning permission be GRANTED subject to
the following conditions:
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1.
The development hereby
permitted shall be begun before the expiration of three years from
the date of this permission.
Reason: To comply with the requirements of Section 91 (1)
of the Town and Country Planning Act 1990 as amended by Section 51
(1) of the Planning and Compulsory Purchase Act 2004.
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2.
The development hereby
permitted shall be carried out in accordance with the following
approved plans/documents:
227 pa2.05 Rev B
227 pa2.04 Rev A
227 pa2.03 Rev A
Submitted Application Form
Reason: For the
avoidance of doubt and in the interests of proper
planning.
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3.
The dormer window at first
floor level in the side east elevation of the extension hereby
permitted shall be permanently fitted with obscured
glass.
Reason: In the interests of the residential amenities of
the occupants of the adjacent dwellings; in accordance with Policy
CS12 of the Core Strategy (2013) and Saved Appendix 3 of the Local
Plan (2004).
Hours of work Informative
In accordance with the councils adopted criteria, all
noisy works associated with site demolition, site preparation and
construction works shall be limited to the following hours: 0730hrs
to 1830hrs on Monday to Saturdays, no works are permitted at any
time on Sundays or bank holidays.
Highway Informative
Obstruction of public highway land: It is an offence
under section 137 of the Highways Act 1980 for any person, without
lawful authority or excuse, in any way to wilfully obstruct the
free passage along a highway or public right of way. If this
development is likely to result in the public highway or public
right of way network becoming routinely blocked (fully or partly)
the applicant must contact the Highway Authority to obtain their
permission and requirements before construction works commence.
Further information is available via the website
https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx
or by telephoning 0300 1234047.
Article 35 Statement
Planning permission has been granted for this
proposal. The Council acted pro-actively through positive
engagement with the applicant during the determination process
which led to improvements to the scheme. The Council has therefore
acted pro-actively in line with the requirements of the Framework
(paragraphs 186 and 187) and in accordance with the Town and
Country Planning (Development Management Procedure) (England)
(Amendment No. 2) Order 2015.
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40. |
4/00784/18/FUL - PARTIAL DEMOLITION OF EXISTING SINGLE STOREY SIDE EXTENSION AND CONSTRUCTION OF THREE BEDROOM END OF TARRACE DWELLING - 22 WICK ROAD, WIGGINTON, TRING, HP23 6EL PDF 153 KB
Additional documents:
Minutes:
E
Palmer introduced the item to members and said it had been referred
to committee due to a councillor call-in. E Palmer advised members
that a condition was missing in relation to hard and soft
landscaping which would be included if the application was
granted.
Graham Quinn spoke in objection to the application.
Christian Pinchin spoke in support of the
application.
It
was proposed by Councillor C Wyatt-Lowe and seconded by Councillor
Birnie to grant the application in line with the officer’s
recommendation.
Vote
For: 7
Against: 0
Abstained: 1
Resolved
That planning permission be GRANTED subject to
the following conditions:
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1.
The development hereby
permitted shall be begun before the expiration of three years from
the date of this permission.
Reason: To comply with the requirements of Section 91 (1)
of the Town and Country Planning Act 1990 as amended by Section 51
(1) of the Planning and Compulsory Purchase Act 2004.
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2.
No development shall take
place until details of the materials to be used in the construction
of the external surfaces of the development hereby permitted have
been submitted and approved in writing by the local planning
authority. Development shall be carried
out in accordance with the approved details. Please do not send materials to the council
offices. Materials should be kept on
site and arrangements made with the planning officer for
inspection.
Reason: To ensure a satisfactory appearance to the
development.
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3.
No development, shall take
place until a Phase I Report to assess the actual or potential
contamination at the site has been submitted to and approved in
writing by the local planning authority. If actual or potential
contamination and/or ground gas risks are identified, further
investigation shall be carried out and a Phase II report shall be
submitted to and approved in writing by the local planning
authority prior to the commencement of the development. If the
Phase II report establishes that remediation or protection measures
are necessary, a Remediation Statement shall be submitted to and
approved in writing by the Local Planning Authority.
For the purposes of this condition:
A Phase I Report consists of a desk study, site
walkover, conceptual model and a preliminary risk assessment. The
desk study comprises a search of available information and
historical maps which can be used to identify the likelihood of
contamination. A simple walkover survey of the site is conducted to
identify pollution linkages not obvious from desk studies. Using
the information gathered, a 'conceptual model' of the site is
constructed and a preliminary risk assessment is carried
out.
A Phase II Report consists of an intrusive site
investigation and risk assessment. The report should make
recommendations for further investigation and assessment where
required.
A Remediation Statement details actions to be carried
out and timescales so that contamination no longer presents a risk
to site users, property, the environment or ecological
systems.
Reason: To ensure
that the issue of contamination is adequately addressed and to
ensure a satisfactory development, in accordance with Core Strategy
(2013) ...
view the full minutes text for item 40.
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41. |
4/01026/18/FHA - PROPOSED SINGLE STOREY OUTBUILDING WITH HABITABLE ACCOMODATION WITHIN REAR GARDEN. ALTERATION TO LANDSCAPING INCLUDING NEW RETAINING WALLS AND STEPS - 33 COWPER ROAD, MARKYATE, ST ALBANS, AL3 8PP PDF 88 KB
Additional documents:
Minutes:
P
Stanley introduced the item to members and said it had been
referred to the committee due to the contrary views of Markyate
Parish Council.
Tim Gedhard spoke in support of the
application.
It
was proposed by Councillor Birnie and seconded by Councillor C
Wyatt-Lowe to grant the application in line with the
officer’s recommendation.
Vote
For: 7
Against: 0
Abstained: 1
Resolved
That planning permission be GRANTED subject to
the following conditions:
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1.The development hereby permitted shall be begun
before the expiration of three years from the date of this
permission.
Reason: To comply with the requirements of Section 91 (1)
of the Town and Country Planning Act 1990 as amended by Section 51
(1) of the Planning and Compulsory Purchase Act 2004.
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2.The outbuilding hereby permitted shall not be
occupied at any time other than for purposes ancillary to the
residential use of the dwelling known as 33 Cowper Road.
Reason: To ensure
that the detached garage is not severed from the main dwelling to
provide a self-contained dwelling unit, since this would be out of
character with the area, and contrary to the provisions of policies
CS11 and CS12 of the Core Strategy (2013).
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3.The development hereby permitted shall be carried
out in accordance with the following approved
plans/documents:
sk-1035-141 dated 21.04.18
sk-1035-142 dated 21.04.18
sk-1035-143 dated 21.04.18
sk-1035-144F dated 19.06.18
sk-1035-145F dated 19.06.18
sk-1035-146 dated 21.04.18
Reason: For the
avoidance of doubt and in the interests of proper
planning.
Article 35 Statement
Planning permission has been granted for this
proposal. The Council acted pro-actively through positive
engagement with the applicant during the determination process
which led to improvements to the scheme. The Council has therefore
acted pro-actively in line with the requirements of the Framework
(paragraphs 186 and 187) and in accordance with the Town and
Country Planning (Development Management Procedure) (England)
(Amendment No. 2) Order 2015.
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42. |
4/01011/18/FHA - SINGLE STOREY SIDE EXTENSION. CONSTRUCTION OF SECOND STOREY REAR BALCONY - 1 MIDCOT WAY, BERKHAMSTED, HP4 3QB PDF 574 KB
Additional documents:
Minutes:
B
Curtain introduced the item to members and said it had been
referred to the committee due to the contrary views of Northchurch
Parish Council.
It
was proposed by Councillor Whitman and seconded by Councillor
Birnie to grant the application in line with the officer’s
recommendation.
Vote
For: 8
Against: 0
Abstained: 0
Resolved
That planning permission be GRANTED subject to
the following conditions:
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1.The development hereby permitted shall be begun
before the expiration of three years from the date of this
permission.
Reason: To comply with the requirements of Section 91 (1)
of the Town and Country Planning Act 1990 as amended by Section 51
(1) of the Planning and Compulsory Purchase Act 2004.
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2.The materials to be used in the construction of the
external surfaces of the extension hereby permitted shall match in
size, colour and texture those used on the existing
building.
Reason: To ensure a satisfactory appearance to the
development in accordance with Policy Cs12 of the Core
Strategy.
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3.The proposed glazed privacy screens shall be
erected fully in accordance with Drawing No.s Sheet 1 and sheet 4
and shall be thereafter permanently retained.
Reason: To safeguard
the residential amenity of adjacent properties in accordance with
Policy Cs12 of the Core Strategy.
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4.The development hereby permitted shall be carried
out in accordance with the following approved
plans/documents:
Site Location Plan
Block Plan
Sheet 1 - Proposed Elevations
Sheet 3 - Proposed Ground Floor
Sheet 4 - Proposed First Floor
Reason: For the
avoidance of doubt and in the interests of proper
planning.
Article 35;
Planning permission has been granted for this
proposal. Discussion with the applicant to seek an acceptable
solution was not necessary in this instance. The Council has
therefore acted pro-actively in line with the requirements of the
Framework (paragraphs 186 and 187) and in accordance with the Town
and Country Planning (Development Management Procedure) (England)
(Amendment No. 2) Order 2015.
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43. |
4/00478/18/FUL - DEMOLITION OF EXISTING BUILDINGS/STRUCTURES AND THE DEVELOPMENT OF THE SITE TO PROVIDE THREE NEW DWELLINGS - APPLEDORE, KINGSHILL WAY, BERKHAMSTED, HP4 3TP PDF 124 KB
Additional documents:
Minutes:
E
Palmer introduced the item to members and said it had been referred
to the committee due to the contrary views of Berkhamsted Town
Council.
It
was proposed by Councillor Birnie and seconded by Councillor Fisher
to grant the application in line with the officer’s
recommendation.
Vote
For: 6
Against: 0
Abstained: 2
Resolved
That planning permission be GRANTED subject to
the following conditions:
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1
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The development hereby permitted shall be begun
before the expiration of three years from the date of this
permission.
Reason: To comply with the requirements of Section 91 (1)
of the Town and Country Planning Act 1990 as amended by Section 51
(1) of the Planning and Compulsory Purchase Act 2004.
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2
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The development hereby permitted shall be carried out
in accordance with the following approved
plans/documents:
11026-L-00-LP site location plan
11026-L-00-20 existing block plan
11026-L-00-28 site plan- landscaping
11026-L-00-21 proposed block plan
11026-L-00-23 proposed plot 1 elevations
11026-L-00-25 proposed plot 2 elevations
11026-L-00-27 proposed plot 3 elevations
11026-L-00-22 plot 1 floor plans
11026-L-00-24 plot 2 floor plans
11026-L-00-26 plot 3 floor plans
design and access statement
Bat Survey - Preliminary Roost Assessment
Bat Survey - Emergence and Re-Entry
CIL
Reason: For the
avoidance of doubt and in the interests of proper
planning.
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3
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No development shall take place until a Construction
Management Plan has been submitted to and approved in writing by
the local planning authority. The plan should consider all phases
of the development.
Thereafter the construction of the development shall
only be carried out in accordance with the approved plan. The
Construction Management Plan shall include details of:
a) Construction vehicle numbers, type,
routing
b) Traffic management requirements
c) Construction and storage compounds (including
areas designated for car parking)
d) Siting and details of wheel washing
facilities
e) Cleaning of site entrances, site tracks and the
adjacent public highway
f) Timing of construction activities to avoid school
pick up/drop off times
g) Provision of sufficient on-site parking prior to
commencement of construction activities
h) Post construction restoration/reinstatement of the
working areas and temporary access to the public
highway.
Reason: In order to
protect highway safety and the amenity of other users of the public
highway and rights of way, in accordance with Core Strategy (2013)
Policy CS8.
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4
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Notwithstanding the details shown on the approved
plans the windows at first floor level in the west elevation of
plot 3 hereby permitted shall be permanently fitted with obscured
glass or have a cill height of not less than 1.6 m above internal
floor level unless otherwise agreed in writing by the local
planning authority.
Reason: In the interests of the residential amenities of
the occupants of the adjacent dwellings and to comply with CS
12.
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5
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No development shall take place until details of the
materials to be used in the construction of the external surfaces
of the development hereby permitted have been submitted and
approved in writing by the local planning authority. Development shall be carried out in accordance
with the approved ...
view the full minutes text for item 43.
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44. |
Appeals PDF 65 KB
Minutes:
The following appeals were noted:
1.
Lodged
2.
Forthcoming inquiries
3.
Forthcoming hearings
4.
Dismissed
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45. |
Quarterly Enforcement Performance Report PDF 83 KB
Minutes:
P
Stanley introduced the item to members and said that he was happy
to take questions.
Councillor Birnie asked about the first case on the list. He
asked if this had been resolved as it is on-going since 2004.
P Stanley said the persons responsible were prosecuted and given a
prison sentence. However, they left the country. They were declared
bankrupt and the bank repossessed the house and demolished it. From
then until the new owners, the site has been used for fly
tipping.
Councillor Matthews asked about progress on 11 Bank Mill.
P Stanley said they have submitted an appeal which must be
determined before any further action is taken.
Councillor Birnie referred to
the installation of UPVC windows in a listed building owned by the
council. He asked if the council would be taking action against
themselves.
P Stanley said that the Council could serve the Notice on itself
because the Housing Department were looking to sell these
properties and any new owners would therefore be notified of the
requirement to change the windows.
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46. |
Proposed changes to the committee PDF 69 KB
Additional documents:
Minutes:
Councillor Guest invited members to make comments on the
report.
Councillor Birnie believed that the return to three weekly
meetings was sufficient to reduce the length and these changes are
not needed.
Councillor Matthews said he agreed with Councillor Birnie and
had concerns about reducing the time for public
speakers.
A
Horner informed members that change 1 in the report is not being
taken forward as a majority of members did not agree. The
questioning of speakers would not be totally abolished but would
instead be channelled through the chair.
Councillor Matthews said he did not want to lose the ability to
question speakers.
Councillor C Wyatt-Lowe said the responses from the consultation
had been collated and democratically arrived at. She said
tonight’s meeting had gone smoothly but this is not always
the case.
Councillor Birnie said he agreed with not allowing supporters of
an application to speak unless an objector was. However, he said
there was a perception among residents that the council take more
notice of the developers than the objectors. He felt the
questioning of officers after their presentation had cut down on
repetitive questioning.
Councillor C Wyatt-Lowe said the shorter the meetings, the
better the quality of decision making. She said there is no doubt
that the quality of decision making deteriorates as the meeting
goes on. The public do not appreciate staying until 10pm to hear
their application. She said the committee should continue with what
was democratically agreed in the consultation.
Councillor Guest asked members to vote on recommending this
report to council. It was proposed by Councillor C Wyatt-Lowe and
seconded by Councillor Conway to recommend the report to
council.
Vote
For: 6
Against: 0
Abstained: 2
Resolve
to recommend:
That the committee recommend to Council the
following amendments to the Constitution:
- If an
application is recommended for approval, only objectors can invoke
public speaking and then supporters can present their case.
Applicants can only invoke speaking rights where the application
recommended for refusal.
- Reduce
Ward Councillors time limit from 10 minutes to five
minutes.
- Stop the
questioning of speakers after their allocated time.
- Change
the deadline to register to speak from 12 noon on the day of the
meeting to 5pm the day before the meeting.
- Stop
members of the public distributing material at the
meeting.
6.
Planning officers must keep their presentations to 5
minutes for major applications and 3 minutes for all other
applications.
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