Agenda and draft minutes

Development Management - Thursday, 3rd September, 2015 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Katie Mogan 

Items
No. Item

1.

Minutes

To confirm the minutes of the previous meeting (these are circulated separately)

Minutes:

The minutes of the meeting held on 06 August 2015 were confirmed by the Members present and were then signed by the Chairman

 

 

2.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies received from Councillor Matthews, Guest and Tindall.

 

Councillor Hearn substituted for Councillor Guest. Councillor Ransley substituted for Councillor Tindall.

 

3.

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 complete the pink interest sheet which will be made available at the meeting and then hand this to the Committee Clerk at the meeting

4.

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

 

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 Control 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.

 

5.

5.01 - 4/02300/13/FUL 2 The Hollies, Long Chaulden, Hemel Hempstead pdf icon PDF 456 KB

Additional documents:

Minutes:

091. 4/02300/13/FUL DEMOLITION OF HOUSE AND CONSTRUCTION OF FIVE HOUSES (FOUR SEMI-DETACHED AND ONE DETACHED)

 

2 THE HOLLIES, LONG CHAULDEN, HEMEL HEMPSTEAD, HP1 2NU

 

J Reid presented this item on behalf of the relevant Case Officer.

 

Mr Derek Bromley spoke in support of the application.

 

Councillor G Elliot in his role as Dacorum Borough Councillor addressed the meeting objecting to the application.

 

The item was debated with concerns being raised by Members with regards to the over-development of the area and the parking and garden space proposed not being in line with the Council’s own guidelines. Also, the Members were concerned that the resident in the semi-detached house would stay whilst the other half was demolished.

 

The Officer’s recommendation to grant the application fell due to lack of a proposer and a seconder.

 

It was proposed by Councillor Whitman and seconded by Councillor Birnie that the Officer’s recommendation be overturned and the application be refused.

 

Voting:

 

10 for; 2 abstained

 

Resolved:

 

Officer’s recommendation overturned – application REFUSED

 

1.    By reason of insufficient car parking provision and inadequate private amenity space, the proposed scheme would represent over development of the site and fails to accord with policy CS12 of the adopted Core Strategy and appendices 3 and 5 of the local plan.

 

2.    The proposed development would result in the loss of privacy and disturbance to the neighbouring property, Number 1 the Hollies as a result of its layout and siting together with the positioning of the access and car parking. The scheme therefore fails to achieve the requirements of policy CS12 (d) of the adopted Core Strategy and Appendix 3 of the Local Plan. 

 

 

6.

5.02 - 4/00751/15/FHA Briars Orchard, Shootersway Lane, Berkhamsted pdf icon PDF 290 KB

Additional documents:

Minutes:

092. 4/00751/15/FHA – TWO STOREY REAR EXTENSION

 

BRIARS ORCHARD, SHOOTERSWAY LANE, BERKHAMSTED, HP4 3NW

 

The item was introduced by E Palmer as the relevant case officeradvising that Berkhamsted Town Council had objected to the application.

 

Mr Kilich spoke in support of the application.

 

Mr Scott and Mr Roberts distributed two documents including a plan and a planning development certificate of lawfulness and spoke in objection to the application but Mr Roberts then reluctantly withdrew his objection.

 

It was proposed by Councillor Fisher and seconded by Councillor Ransley to grant the application in line with the officer’s recommendation.

 

Voting:

 

7 for, 1 against and 4 abstained.

 

Resolved:

 

That planning permission be GRANTED subject to the following conditions:

 

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.

 

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.

 

3

Notwithstanding the provisions of the Town and Country

Planning (General Permitted Development) (England) Order

2015  (or any Order amending or re-enacting that Order with or

 without modification) no development falling within the

following classes of the Order shall be carried out without

the prior written approval of the local planning authority:

 

Schedule 2 Part 1 Classes [A and B]

 

Reason:  To enable the local planning authority to retain control

over the development in the interests of safeguarding the

residential and visual amenity of the locality. The site is a

tight infil development in an area of large properties on large plots. 

To ensure compliance with Core Strategy Policies 11 and 12.

 

4

The windows at first floor level in the northern elevation of the extension hereby permitted shall be top hung and

permanently fitted with obscured glass 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 11 and 12.

 

5

No development shall take place until details of the obscured glazed glass to be used in the first floor windows in the northern side

elevation of the development hereby permitted shall

have been submitted to and approved in writing by the local

planning authority.  Development shall be carried out in

accordance with the approved details.

 

Reason:  To ensure there is no loss of privacy for neighbours and to

comply with CS 11 and 12.

 

6

The development hereby permitted shall be carried out in

accordance with the following approved plans:

 

Site location plan

Section

Existing elevations

Existing section

1623/2/5288

 

Reason: For the avoidance of doubt and in the interests of proper

planning.

 

Article 31  ...  view the full minutes text for item 6.

7.

5.03 - 4/02121/15/FUL Mark House, Mark Road, Hemel Hempstead pdf icon PDF 215 KB

Additional documents:

Minutes:

093. 4/02121/15/FUL – CHANGE OF USE FROM B1 BUSINESS USE TO D2 LOW COST GYMNASIUM (RESUBMISSION OF APPLICATIONS 4/01450/14/FUL AND 4/03189/14/FUL)

 

MARK HOUSE, 36 MARK ROAD, HEMEL HEMPSTEAD, HP2 7UE

 

The item was introduced by T Rennie as the relevant Case Officer. 

 

Representatives from Sportspace were invited to answer questions from Members.

 

Councillor C Wyatt-Lowe stated that the Committee should be encouraging the development of exercise facilities.

 

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor R Sutton to grant the application in line with the officer’s recommendation.

 

Voting:

 

10 for, 2 abstained.

 

Resolved:

 

That planning permission be GRANTED for the reasons referred to above and subject to the following conditions:

 

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.

 

2

Before construction works commence a scheme providing for the insulation of the building against the transmission of noise and vibration from the building shall be submitted to and approved in writing by the Local Planning Authority. The scheme so approved shall be carried out before the use commences.

 

Reason: To ensure that adequate precautions are implemented to avoid noise nuisance, in accordance with Policy CS32 of the Core Strategy.

 

3

No development shall take place until details of facilities for the storage of refuse shall have been submitted to and approved in writing by the local planning authority.  The approved facilities shall then be provided before the development is first brought into use and they shall thereafter be permanently retained unless otherwise agreed in writing with the local planning authority.

 

Reason: To accord with Policy 129 of the Dacorum Borough Local Plan 1991-2011.

 

4

Prior to occupation of the development, a “Green Travel plan”, identifying the reduction in staff and visitors travelling to the development by private car, shall have been submitted to and approved in writing by the local planning authority and shall then be carried out in accordance with the approved GT plan. The GT plan will include the following:

 

·        Projections into the future based on the intention to increase year on year the proportion of trips by public transport, walking and cycling and reduction in trips made via private motor car.

 

On approval the Travel plan and its contents are to be updated on an annual basis one year after the date of their approval. The Plan and its updated successors is to made fully available upon request to the Local Planning Authority and County Highways Agency

 

Reason: To promote sustainable transport measures to the development in compliance with Core Strategy policy CS8 and CS29.

 

 

5

The development hereby permitted shall not be occupied until parking layout and arrangements including cycle parking shown as Location 1 and Location 3 submitted in accordance with the approved plan  No. 12189/01/22  Car  ...  view the full minutes text for item 7.

8.

5.04 - 4/02257/15/FUL Woodwells Cemetery, Buncefield Lane, Hemel Hempstead pdf icon PDF 171 KB

Additional documents:

Minutes:

094. 4/02257/15/FUL – SINGLE STOREY INFILL EXTENSION TO REAR OF BUILDING, VARIOUS DOOR AND WINDOWS ADDED TO FRONT, REAR AND SIDE ELEVATIONS

 

WOODWELLS CEMETERY, BUNCEFIELD LANE, HEMEL HEMPSTEAD, HP2 7HY

 

The item was introduced by P Newton on behalf of the relevant Case Officer.

 

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Ritchie to grant the application in line with the officer’s recommendation.

 

Voting:

 

11 for

 

Resolved:

 

That planning permission be GRANTED for the reasons referred to above and subject to the following conditions:  

 

 

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.

 

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 and to comply with Policy CS12 of the Core Strategy.

 

3

The development hereby permitted shall be carried out in accordance with the following approved plans:

 

15050/01

15050/02

15050/03

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

Article 31

 

Planning permission/advertisement consent/listed building consent 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 2012.  

 

 

 

9.

5.05 - 4/01529/15/FUL Black Robins Farm, Black Robins Lane, Hogpits Bottom, Flaunden pdf icon PDF 263 KB

Additional documents:

Minutes:

095. 4/01529/15/FUL CONSTRUCTION OF A GENERAL PURPOSE BUILDING IN EXISTING FARMYARD

 

BLACK ROBINS FARM, BLACK ROBINS LANE, HOGPITS BOTTOM, FLAUNDEN, HEMEL HEMPSTEAD, HP3 0FU

 

The item was introduced by J Reid as the relevant Case Officer and advised that the Parish Council had objected to the application.

 

It was proposed by Councillor Birnie and seconded by Councillor P Hearn to grant the application in line with the officer’s recommendations.

 

 

Voting:

 

8 for and 3 abstained

 

Resolved:

 

That planning permission be GRANTED for the reasons referred to above and subject to the following conditions:

 

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.

 

2

The development hereby permitted shall be carried out in accordance with the following approved plans:

 

2027-1-1

2027-2-1

2027-A4-20

2027-2-2A

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

 

Councillor Fisher returned at 8.13pm

 

 

 

10.

5.06 - 4/02191/15/FHA 7 Chapel Close, Little Gaddesden, Berkhamsted pdf icon PDF 280 KB

Additional documents:

Minutes:

096. 4/02191/15/FHA PART TWO STOREY, PART SINGLE STOREY REAR EXTENSION

 

7 CHAPEL CLOSE, LITTLE GADDESDEN, BERKHAMSTED, HP4 1QG

 

Rachel Marber introduced the report as the relevant case officer.

 

Caroline Wallace spoke in support of the application.

 

Mr B Mulder spoke in objection of the application.

 

It was proposed by Councillor Ritchie and seconded by Councillor C Wyatt-Lowe to grant the application in line with the officer’s recommendation.

 

Voting:

 

Unanimously agreed

 

Whereupon it was:

 

Resolved:

           

That planning permission be REFUSED for the following reasons:

 

 

 

 

1.    The application site is located in the Rural Area beyond the Green Belt. Within this area there is strict control over built development.  The cumulative size increase of proposed and previous extensions would result in a disproportionate addition, over and above 50% the size of the parent dwelling. Consequently, the proposed would result in detrimental impact upon the openness and visual amenity of the Rural Area.

 

2.    The proposed part single, part two storey rear extension, by reason of excessive depth in conjunction with height and the close proximity to the neighbouring property would result in severe loss of outlook and light for neighbouring residents at number 8 Chapel Close. The application has therefore failed to secure good standards of amenity for existing and future occupiers of land and buildings.

 

Henceforth the proposal fails to meet the requirements of the NPPF (2012), policies CS7, CS11, CS12 of the Core Strategy (2013) and Saved Appendix 7 and policy 22 of the Local plan (1991).

 

11.

5.07 - 4/02436/15/FHA 21 Old Dean, Bovingdon, Hemel Hempstead pdf icon PDF 280 KB

Additional documents:

Minutes:

 

097. 4/02436/15/FHA – SINGLE STOREY REAR EXTENSION

 

21 OLD DEAN, BOVINGDON, HEMEL HEMPSTEAD, HP3 0ET

 

It was proposed by Councillor Whitman and seconded by Councillor P Hearn to grant the application in line with the officer’s recommendation.

 

Voting:

 

Unanimously agreed

 

Whereupon it was:

 

Resolved:

 

That planning permission be GRANTED for the reasons referred to above and subject to the following conditions:  

 

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.

 

2

The development hereby permitted shall be carried out in accordance with the following approved plans:

 

PL/001

PL/002

PL/003

 

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

3

The development hereby permitted shall be constructed in accordance with the materials specified on the approved drawings or such other materials as may be agreed in writing by the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development.

 

 

INFORMATIVE

 

Please be advised that you will require the consent of Dacorum Borough Council (as Freeholder) prior to commencing any works associated with the implementation of this planning permission.

 

12.

5.08 - 4/01941/15/FHA 121 Hempstead Road, Kings Langley pdf icon PDF 575 KB

Additional documents:

Minutes:

098. 4/01941/15/FHA – CONSTRUCTION OF DRIVEWAY AND HARDSTANDING TO THE FRONT AND SIDE OF EXISTING HOUSE

 

121 HEMPSTEAD ROAD, KINGS LANGLEY, WD4 8AJ

 

R Marber introduced the item and advised it had brought to the Committee because Kings Langley Parish Council had objected to the application. The Chairman received communication from Councillor Anderson and Kings Langley Parish Council withdrawing their objection.

 

It was proposed by Councillor Birnie and seconded by Councillor Whitman to grant the application in line with the officer’s recommendation.

 

Voting:

 

Unanimously agreed

 

Whereupon it was:

 

Resolved:

 

That planning permission be GRANTED subject to the following conditions:-         

 

 

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.

 

2

Prior to the first use of the development hereby permitted the vehicular access shall be provided and thereafter retained at the position shown on drawings 121HR_LAY_02_(E) ‘Driveway layout’ and 121HR_DET_01_(A) ‘Driveway sections’.

 

Reason: To ensure satisfactory access into the site and for the avoidance of doubt.

 

3

The development hereby permitted shall be carried out in accordance with the following approved plans:

 

121HR_DET_01_(A)

121HR_LAY_02_(E)

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

Article 31 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 2012.

 

 

 

13.

Appeals pdf icon PDF 19 KB

Minutes:

099. APPEALS

 

Noted the following reports:

 

1.    Lodged

2.    Forthcoming inquires

3.    Dismissed

Councillor Ritchie suggested it would be useful for the planning managers to read the inspector’s report: the costs and time involved and review current planning practices.

4.    Allowed

 

14.

Exclusion of the Public

EXCLUSION OF PUBLIC

To consider passing a resolution in the following terms: That, under s.100A (4) of the Local Government Act 1972 Schedule 12A Part 1, as amended by the Local Government (Access to Information) (Variation) Order 2006, the public be excluded during the items in Part II of the Agenda for this meeting, because it is likely, in view of the nature of the business to be transacted, that if members of the public were present during these items there would be disclosure to them of exempt information relating to: