Agenda and draft minutes

Development Management - Thursday, 28th April, 2016 7.00 pm

Venue: DBC Bulbourne Room - Civic Centre. View directions

Contact: Katie Mogan  Member Support

Items
No. Item

239.

Minutes

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

Minutes:

The minutes of the meeting held on 7 April 2016 were confirmed by the Members present and were then signed by the Chairman.

 

240.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies were received from Councillor Clark, Conway, Fisher, R Sutton and Whitman.

 

Councillor Bassadone substituted on behalf of Councillor Conway, Councillor Bateman substituted on behalf of Councillor R Sutton and Councillor Mills substituted on behalf of Councillor Clark.

 

Councillor D Collins gave his best wishes on behalf of himself and the committee to Councillor Clark.

 

241.

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

Minutes:

Councillor D Collins asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.

242.

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.

 

Minutes:

The Chairman also reminded the members and public about the rules regarding public participation.

 

243.

4/00276/16/FUL - WOODTHORPE, 1B BOXWELL ROAD, BERKHAMSTED, HP4 3ET pdf icon PDF 2 MB

Additional documents:

Minutes:

A Parrish introduced the report and said it had been referred to committee due to the contrary views of Berkhamsted Town Council.

Councillor Matthews arrived at 7.10pm so took no part in the discussion or voting of this item.

Ben Dalton spoke in support of the application.

Town Councillor Garrick Stevens spoke in objection to the application.

Councillor Bateman arrived at 7.27pm so took no part in the discussion or voting of this item.

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

Vote

For: 6               Against: 0                    Abstained: 1

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

No development shall take place until samples and / or details of the materials proposed to be used on the external walls and roofs of the development hereby permitted shall have been submitted to and approved in writing by the local planning authority. The approved materials shall be used in the implementation of the development.

 

Reason:  To ensure a satisfactory appearance to the development in the interests of the character and appearance of the Berkhamsted Conservation Area in accordance with saved Policy 120 of the Dacorum Borough local Plan 1991-2011 and Policies CS12 and CS27 of the Dacorum Core Strategy September 2013. The details are required before commencement of development as if they are deferred until after the development has begun, the design will already have been agreed and finalised, and the materials potentially ordered and used, thereby undermining the control of the local planning authority and potentially increasing costs and delays for the applicant if they have to be changed.

 

3

The development shall be carried out in accordance with the approved plans and elevations and no development shall take place until 1:20 details of the design of the following shall have been submitted to and approved in writing by the local planning authority:

 

·        all new windows, roof lights, doors and openings (including materials, finishes, cills, window headers and vertical cross sections through the openings);

·        eaves joinery and bargeboards;

·        Front boundary wall and railings.

 

The development shall be carried out in accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the character and appearance of the Berkhamsted Conservation Area in accordance with Policies CS12 and 27 of the Dacorum Core Strategy (September 2013) and saved Policy 120 of the Dacorum borough Local Plan 1991-2011. The details are required before commencement of development as if they are deferred until after the development has begun, the design will already have been agreed and finalised, and the materials potentially ordered and used, thereby undermining the  ...  view the full minutes text for item 243.

244.

4/00167/16/FUL - 20-22 HIGH STREET, BOVINGDON, HEMEL HEMPSTEAD, HP3 0HG pdf icon PDF 82 KB

Additional documents:

Minutes:

M Stickley introduced the report on behalf of the relevant case officer. It has been referred to committee due to the contrary views of Bovingdon Parish Council.

Brian Fitzgerald 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: 8               Against: 2                    Abstained: 1

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

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 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 a satisfactory appearance to the development in accordance with policy CS12 of the adopted Core Strategy.

 

 

3

No development 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:

 

·         hard surfacing materials;

·         means of enclosure;

·         soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

               

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with policy CS12 of the adopted Core Strategy.

 

4

Prior to the first occupation of the development hereby permitted a pedestrian visibility splay measuring 2m x 2 metres shall be provided to each side of the accesses where it meets the highway and such splays shall thereafter be maintained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

 

Reason: In the interests of highway safety in accordance with policy CS8 of the Core Strategy.

 

5

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

 

A_8002 Rev D

A_8003 Rev B

 

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

 

Informatives

 

Highways

 

AN1) Where works are required within the public highway to facilitate the new vehicle access or modify an existing (no works planned at present but the applicant needs to be made aware), the Highway Authority require the construction of such works to be undertaken to their satisfaction and specification, and by a contractor who is authorised to work in the public highway. Before works commence the applicant  ...  view the full minutes text for item 244.

245.

4/00639/16/LBC - OAK COTTAGE, LEIGHTON BUZZARD ROAD, WATER END, HEMEL HEMPSTEAD, HP1 3BH pdf icon PDF 184 KB

Additional documents:

Minutes:

A Parrish introduced the report and highlighted that the officer’s recommendation was to refuse the application. It had been referred to committee due to the contrary views of Great Gaddesden Parish Council.

Councillor Mills arrived at 7.50pm so took no part in the discussion or voting of this item

Lucy Lowie (applicant) and Louise Fanthorpe (Vice Chair of Water End and Great Valley Conservation Society) spoke against the officer’s recommendation.

Councillor Chapman in his role as Ward Councillor spoke against the officer’s recommendation.

Having there been no proposer to refuse this application in line with the officer’s recommendation, it was proposed by Councillor Tindall and seconded by Councillor Birnie that the officer’s decision be overturned and the application be granted and delegated to the Group Manager to set the conditions.

Vote

For: 10                         Against: 0                    Abstained: 1

Resolved

That planning permission be GRANTED subject to the following conditions:

1.    The works for which this consent is granted shall be begun before the expiration of three years from the date of this consent.

 

Reason:  To comply with section 18 of the Planning (Listed Building and Conservation Areas) Act 1990.

 

 

2.    No development shall take place until samples of the materials proposed to be used on the external walls and roofs of the development hereby permitted shall have been submitted to and approved in writing by the local planning authority. The approved materials shall be used in the implementation of the development.

 

Reason:  To safeguard the the architectural and historic character and interest of the Listed Building in accordance with Policy CS27 of the Dacorum Core Strategy September 2013, and saved Policy 119 of the Dacorum Borough Local Plan 1991-2011.

 

 

3.    None of the fenestration shall be installed until samples and / or full details of the  design and finish of windows, rooflights and doors (external and internal)  to the  existing listed building, and attached  structures, shall have  been submitted to and approved  in writing by the  Local Planning Authority. The  details shall  include  scaled drawings of the windows and doors at a scale of 1:20 and shall  be  accompanied by horizontal and vertical cross sections shown in relation to the  surrounding  fabric / openings, along with moulding and  glazing bar  detail shown at  a scale of 1:2.  The works shall then be carried out in accordance with the approved details.

 

Reason:  To safeguard the architectural and historic character and interest of the Listed Building in accordance with Policy CS27 of the Dacorum Core Strategy September 2013, and saved Policy 119 of the Dacorum Borough Local Plan 1991-2011.

 

 

4.    Notwithstanding the details hereby approved, no works relating to the wood burning stove shall be commenced until full details relating to the installation of the wood burning stove (including flue liner and any external flue terminal) shall have been submitted to and approved in writing by the local planning authority. The works shall then be carried out in accordance with the approved details.

 

Reason:  To ensure that the works are  ...  view the full minutes text for item 245.

246.

4/00158/16/FHA - 30 ELM TREE WALK, TRING, HP23 5EJ pdf icon PDF 92 KB

Additional documents:

Minutes:

A Harman introduced the report and said it had been referred to committee due to the contrary views of Tring Town Council.

Andy Walkers spoke in support of the application.

David Griffiths and Tracey Doyle spoke in objection to this application.

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

Vote

For: 8               Against: 2                    Abstained: 2

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

 

110

200 E

201C

 

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

 

3.

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.

 

4.

The window at first floor level in the North East elevation of the extension hereby permitted shall be non-opening and shall be permanently fitted with obscured glass unless otherwise agreed in writing with the local planning authority.

Reason: In the interests of the amenity of adjoining residents in accordance with saved Appendix 3 and Adopted Core Strategy CS12

 

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.  

 

 

247.

4/00173/16/FUL - 115 COWPER ROAD, HEMEL HEMPSTEAD, HP1 1PF pdf icon PDF 231 KB

Additional documents:

Minutes:

M Stickley introduced the report and said it had been called in to committee by Councillor Marshall.

Mark Mills spoke in support of the application.

Gill Broadbent and David Cochrane spoke in objection to this application.

Councillor Marshall in her role as Ward Councillor spoke in objection to this application.

Paragraph 64 of the National Planning Policy Framework (NPPF) states that “permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area.” The cramped and contrived form of development by reason of overdevelopment would not improve the character and quality of the surrounding area. The proposal conflicts with the objectives of Policy CS12(g) of Dacorum’s adopted Core Strategy. The proposal also fails to achieve the Counters End Character Area Appraisal (HCA 8) development principles by virtue of size, layout and density. It is therefore considered that the proposal conflicts with the aims of the NPPF (Paragraph 64), Policy CS12(g) of the Core Strategy and the Counters End Character Area Appraisal (HCA 8).


Having there been no proposer to grant this application in line with the officer’s recommendation, it was proposed by Councillor Guest and seconded by Councillor Maddern that the officer’s decision be overturned and the application be refused.

Vote

For: 7               Against: 0                    Abstained: 5

Resolved

That planning permission be REFUSED for the following reason:

The proposal would by reason of its cramped and contrived layout result in the overdevelopment of the site. This would result in a prominent form of development that would harm the character and quality of the surrounding area, contrary to policies CS11 and CS12 of the Dacorum’s adopted Core Strategy, Counters End Character Area Appraisal (HCA 8), the NPPG and the NPPF.

 

 

248.

4/00050/16/FHA - 14 NEW MILL TERRACE, TRING, HP23 5ET pdf icon PDF 69 KB

Additional documents:

Minutes:

M Stickley introduced the report on behalf of the relevant case officer. It had been referred to committee due to the contrary views of Tring Town Council.

Hannah Duggen spoke in support of the application.

David Cameron spoke in objection to the application.

It was proposed by Councillor Mills and seconded by Councillor Maddern to grant this application in line with the officer’s recommendation.

Vote

For: 11             Against: 0                    Abstained: 1

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 in accordance with policy CS12 of the adopted Core Strategy.

 

3

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

 

CR-216R.02

 

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

 

249.

4/02930/15/FUL - THE CROWN, 145 HIGH STREET, BERKHAMSTED, HP4 3HH pdf icon PDF 727 KB

Additional documents:

Minutes:

N Gibbs introduced the report and said it had been referred to committee due to the contrary views of Berkhamsted Town Council.

Members were concerned about opening times and had questions regarding smoking hours and cut off times for the beer garden.

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Tindall to defer the application to allow for a representative from Wetherspoons to answer members questions.

Vote

For: 11             Against: 0                    Abstained: 1

Resolved

That the application be DEFERRED to allow for representation from Wetherspoons to be present to answer committee member’s questions.

 

250.

4/03720/15/FHA - 24 CHARLES STREET, BERKHAMSTED, HP4 3DG pdf icon PDF 263 KB

Additional documents:

Minutes:

Councillor Tindall declared a personal interest in this item so did not speak or vote.

This application had been referred to committee as a Councillor was the occupier of the property.

It was proposed by Councillor Bassadone and seconded by Councillor Matthews to grant this application in line with the officer’s recommendation.

Vote

For: 10             Against: 0                    Abstained: 2

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 development hereby permitted shall be constructed in accordance with the materials specified on the approved application form.

 

Reason:  To safeguard the character and appearance of the un-designated hertiage asset and in the interests of the visual amenities of the Conservation Area in accordance with Policy CS27 of the Dacorum Borough Core Strategy and saved Policy 120 of the Dacorum Borough Local Plan.

 

3

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

 

Proposed Elevation (no reference - received 20th November 2015)

 

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

 

Article 35 Statement

 

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) Order 2015.

 

251.

4/00205/16/FUL - LITTLE HAY GOLF COMPLEX, BOX LANE, HEMEL HEMPSTEAD, HP3 0XT pdf icon PDF 452 KB

Additional documents:

Minutes:

This application had been brought to the committee due to the land being owned by Dacorum Borough Council.

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

Vote

For: 11             Against: 0                    Abstained: 1

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 buildings subject to this application shall only be used for storage purposes ancillary to the use of the Golf complex.

 

Reason: For the avoidance of doubt and to ensure the use is compatible to its green belt setting, supports the rural economy and to accord with Policy CS5 and CS12.

 

3

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

 

site location plan

floor plans

 

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) Order 2015.  

 

252.

Appeals pdf icon PDF 50 KB

Minutes:

The following appeals were noted:

  1. Lodged
  2. Forthcoming inquires