Agenda and draft minutes

To confirm the minutes of the previous meeting.

The minutes of the meeting held on 12 March were confirmed by the Members present. Hard-copy minutes will be signed by the Chair when restrictions are lifted.

To receive any apologies for absence

Apologies for absence were received from Councillors R Sutton, Symington and Woolner.

Councillor Graham Sutton substituted for Councillor Rosie Sutton.

Councillor Tindall substituted for Councillor Symington.

Councillor Taylor substituted for Councillor Woolner.

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.

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

An opportunity for members of the public to make statements or ask questions in accordance with the rules as to public participation.

You need to inform the council in advance if you wish to speak by contacting Member Support on Tel: 01442 228209 or by email: Member.support@dacorum.gov.uk

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.

Please note: If an application is recommended for approval, only objectors can invoke public speaking and then supporters will have the right to reply. Applicants can only invoke speaking rights where the application recommended for refusal.

Councillor Guest reminded Members and the public about the rules regarding public participation as follows:

For each application the officer presents the report to the Committee, then the participants from the public are called to speak. Following this, questions are taken from the Committee along with statements and comments for debate.

The Case Officer, Jason Seed, introduced the report to Members and said that the application had been referred to the Committee due to objection from Berkhamsted Town Council on the grounds of overdevelopment, impact on the character of the surrounding area, inadequate access, impact on surrounding amenity and impacts of noise on occupiers of the new dwellings.

Martin Allen spoke in objection to the application.

Krzys Lipinski and Richard Harris spoke in support of the application.

It was proposed by Councillor G Sutton and seconded by Councillor Wyatt-Lowe to GRANT the application in line with the officer recommendation.

Vote:

For: 7                          Against: 3                    Abstained: 2       

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

Conditions

Councillor Beauchamp asked for legal advice in that he had considered this application as part of the DMC consultation on 30^th April.

Legal Advisor, Nargis Sultan, gave the view that there was no prejudice in Councillor Beauchamp taking part in the meeting in light of new evidence.

The Case Officer, Heather Edey, introduced the report to Members and said that the application had been referred to the Committee as it had been called in by Cllr Pringle.

Michela Capozzi and Daniel Walker spoke in objection to the application.

Councillor Lara Pringle spoke in objection to the application.

Jonathan Tucker and Brian Kelly spoke in support of the application.

It was proposed by Councillor Durrant and seconded by Councillor G Sutton to GRANT the application in line with the officer recommendation.

Vote:

For: 8                          Against: 3                    Abstained: 1      

Resolved: That planning permission be GRANTED subject to the conditions below.

Conditions and Reasons:

 1.        The development hereby permitted shall begin 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.        Contaminated Land Condition 1:

            (a) No development approved by this permission shall be commenced prior to the submission to, and agreement of the Local Planning Authority of a written preliminary environmental risk assessment (Phase I) report containing a Conceptual Site Model that indicates sources, pathways and receptors. It should identify the current and past land uses of this site (and adjacent sites) with view to determining the presence of contamination likely to be harmful to human health and the built and natural environment.

            (b) If the Local Planning Authority is of the opinion that the report which discharges condition (a), above, indicates a reasonable likelihood of harmful contamination then no development approved by this permission shall be commenced until a Site Investigation (Phase II environmental risk assessment) report has been submitted to and approved by the Local Planning Authority which includes:

            (i) A full identification of the location and concentration of all pollutants on this site and the presence of relevant receptors, and;

            (ii) The results from the application of an appropriate risk assessment methodology.

            (c) No development approved by this permission (other than that necessary for the discharge of this condition) shall be commenced until a Remediation Method Statement report; if required as a result of (b), above; has been submitted to and approved by the Local Planning Authority.

            (d) This site shall not be occupied, or brought into use, until:

            (i) All works which form part of the Remediation Method Statement report pursuant to the discharge of condition (c) above have been fully completed and if required a formal agreement is submitted that commits to ongoing monitoring and/or maintenance of the remediation scheme.

            (ii) A Remediation Verification Report confirming that the site is suitable for use has been  ...  view the full minutes text for item 5b

The Case Officer, Simon Dunn-Lwin, introduced the report to Members and said that the application had been referred to the Committee as the recommendation was contrary to the Parish Council view.

It was proposed by Councillor Maddern and seconded by Councillor Uttley to GRANT the application in line with the officer recommendation.

Vote:

For: 8                          Against: 1                    Abstained: 3       

Resolved: That planning permission be GRANTED subject to the conditions set out below.

Conditions and Reasons:

 1.        The development hereby permitted shall begin 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:

            19_378_PL01 Existing Site and Location Plan

            19_378_PL02 G Proposed Site Plan

            19_378_PL03 A House Type A Proposed Floor Plans

            19_378_PL04 B Proposed House type A Proposed Elevations

            19_378_PL05 A House Type B Proposed Floor Plans

            19_378_PL06 B House Type B Proposed Elevations

            19_378_PL07 House Type C Proposed Floor Plans

            19_378_PL08 House Type C Proposed Elevations

            19_378_PL09 A Proposed Front Aerial View

            19_378_PL10 A Proposed Rear Aerial View

            19_378_PL11 A Proposed View 1

            19_378_PL12 A Proposed View 2

            19_378_PL13 A Proposed View 3

            19_378_PL14 -16 A Sun Path Study March, June and December

            19_378_PL20 C Proposed Site Plan (showing adjoining site developed)

            KMC18049-001C Fire Appliance Swept Path Analysis

            KMC18049-002C Standard Refuse Vehicle Swept Path Analysis

            KMC18049-003C Large Refuse vehicle Swept Path Analysis

            KMC18049-004C Large Car Swept Path Analysis

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

 3.        No development (excluding demolition/ground investigations) 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 satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 4.        No construction of the superstructure shall take place until full details of both hard and soft landscape works has been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

·                  all external hard surfaces within the site;

·                  other surfacing materials;

·                  means of enclosure;

·                  soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs;

·                  minor artefacts and structures (e.g. furniture, play equipment, signs, refuse or other storage units, etc.); and

·                  external lighting scheme

            The planting must be carried out within one planting season of completing the development.

            Any tree or shrub which forms part  ...  view the full minutes text for item 5c

The Case Officer, Elspeth Palmer, introduced the report to Members and said that the application had been referred to the Committee due to the contrary view of the Flaunden Parish Council.

It was proposed by Councillor Maddern and seconded by Councillor Tindall to GRANT the application in line with the officer recommendation.

Vote:

For: 10                        Against: 1                    Abstained: 1

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

Conditions and Reasons:

 1.        The development hereby permitted shall begin 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 (excluding demolition/ground investigations) shall take place until details of the materials to be used in the construction of the external surfaces between the windows 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 satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies  CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

 3.        The development hereby permitted shall be constructed in accordance with the materials specified on the application form with the exception of those which describe boundary treatment and the materials between the windows - these are to be addressed via other conditions which require details of boundary treatment and materials.

            Reason:  To make sure that the appearance of the building is suitable and that it contributes to the character of the area in accordance with Policies CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

 4.        Prior to the commencement of development hereby approved, a Tree Protection Plan must be prepared in accordance with BS5837:2012 (Trees in relation to design, demolition and construction) setting out how the trees along the western side of Barn A shall be protected during the construction of the approved development and the footpath along the western side of the Barn and how the type of footpath will ensure protection of the trees and their root system in the future, shall be submitted to and approved by the Local Planning Authority.  No equipment, machinery or materials for the development shall be taken onto the site until these details have been approved.  The works must then be carried out according to the approved details and thereafter retained until competition of the development.

            Reason:  In order to ensure that damage does not occur to trees and hedges during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 170 of the National Planning Policy Framework (2019).

 5.  ...  view the full minutes text for item 5d

The Case Officer, Sally Robbins, introduced the report to Members.

It was proposed by Councillor McDowell and seconded by Councillor G Sutton to GRANT the application in line with the officer 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 begin 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.        Notwithstanding the provisions the Town and Country Planning (Use Classes Order) 1987 (as amended) the use hereby approved shall be restricted to that of a children's care home for children up to the age of 18 and no other purpose within Use Class C2.

Reason: To enable the Local Planning Authority to retain control over the development in the interests of safeguarding the residential amenity of the locality in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 of the National Planning Policy Framework (2019).

 3.        The maximum number of children occupying the premises at any one time shall not exceed 4.

            Reason: In the interests of safeguarding the residential amenity of the locality in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 of the National Planning Policy Framework (2019).

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

            Location Plan

            Site Plan

            Ground Floor Plan

            First Floor Plan

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

5.     Prior to the first use of the children’s care home hereby approved, an Operational Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Operational Management Plan shall cover all matters including: governance of the care home; control of the behaviour of resident children; and control over the use of the outside amenity space. The Operational Management Plan shall be implemented prior to first occupation in accordance with the agreed details.

Reason: To protect the residential amenities of the locality, having regard to Policies CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

Informatives:

 1.        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 (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

The Case Officer, Neil Robertson, introduced the report to Members and said that the application had been referred to the Committee due to the contrary view of the Town Council.

It was proposed by Councillor Maddern and seconded by Councillor Wyatt-Lowe to GRANT the application in line with the officer recommendation.

Vote:

For: 10                        Against: 0                    Abstained: 2       

Resolved: That Listed Building Consent be GRANTED.

That the following appeals were noted:

A.    LODGED

B.    DISMISSED

C.    ALLOWED

D.    WITHDRAWN