Agenda and minutes

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

The minutes of the meeting held on 15 October 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

No Apologies were received.

Councillor Oguchi joined the meeting at 8.00pm

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 advised that members of public have registered to speak at this meeting and reminded any members of the public viewing the meeting about the rules of doing so.

The report was introduced by the case officer Robert Freeman

Mark Curry spoke in support of the application

Councillor Sally Symington Spoke in Objection to the application.

It was proposed by councillor Durrant and seconded by Councillor Maddern that the application be delegated with a view to approval.

Vote:

For:      5          against: 2                    Abstained: 3   

Resolved:  Planning be DELAGATED FOR APPROVAL Subject to the following:

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:

                Plans

                PO-001 (Site Location Plan)

                PO-100 (Proposed Site Plan)

                PO-101 (Proposed NE Elevation)

                PO-102 (Proposed SE Elevation)

                PO-103 (Proposed SW Elevation)

                PO-104 (Proposed NW Elevation)

                PO-105 (Proposed Section)

                P1-100 (Lower Ground Floor Plan)

                P1-101 (Upper Ground Floor Plan)

                P1-102 (First Floor Plan)

                P1-103 (Second Floor Plan)

                P1-104 (Third Floor Plan)

                P1-105 (Roof Plan)

                P2-100 (Courtyard Section)

                P2-101 (Courtyard Section)

                P3-100 (Block A NE Elevation)

                P3-101 (Block A SE Elevation)

                P3-102 (Block A SW Elevation)

                P3-103 (Block A NW Elevation)

                P3-200 (Block B NE Elevation)

                P3-201 (Block B SE Elevation)

                P3-202 (Block B SW Elevation)

                P3-203 (Block B NW Elevation)

                P4-100 (Entrance Detail)

                P4-101 (Bay Detail)

                P4-102 (Bay Detail)

                P4-103 (Courtyard Detail)

                P4-200 (Typical 1 bed unit)

                P4-201 (Typical 2 bed unit)

                P4-202 (Penthouse unit)

                649.02.001 Revision F (Landscape Masterplan)

                Documents

              Air Quality Assessment (BER-WSP-SW-XX-RP-AQ-004) by WSP dated July 2020

Arboricultural Impact Assessment by Lockhart Garratt dated July 2020.

Design and Access Statement by ColladoCollins Architects dated July 2020

Ecological Appraisal (Revision E) by FPCR Environment and Design Ltd dated July 2020

Energy Statement – Revision 3 by Hoare Lea dated June 2020.

Environmental Noise Survey – Revision 6 by Hoare Lea dated 4^th September 2020

Flood Risk Assessment and Drainage Strategy (BER-WSP-SW-XX-RP-C-001) by WSP dated July 2020

Landscape and Ecology Management Plan by Bradley-Hole Schoenaich and FPCR Environment and Design Ltd dated July 2020

Outline Construction Environment Management Plan (CEMP) by Elysian Residences dated July 2020

Preliminary Geo-Environmental Risk Assessment (Desk Study) (BER-WSP-SW-XX-RP-S-001) by WSP dated July 2020

Transport Assessment (BER-WSP-SW-XX-RP-T-001) by WSP dated July 2020

Travel Plan by WSP dated July 2020.

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

Design

3.          No development, except that involved in the provision of foundations, contamination or other site investigations or services, shall take place until samples 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. These materials shall be made available to view on site. 

              Reason:  To ensure satisfactory appearance to the development and to safeguard the visual character  ...  view the full minutes text for item 5a

The report was introduced by the case officer Elspeth Palmer

It was proposed by Councillor Durrant and seconded by Councillor Uttley that the application be approved.

Vote:

For:  10              against:  1                 Abstained: 1

Resolved: That planning permission be GRANTED with 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.    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).

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;

-trees to be retained and measures for their protection during construction works;

- Proposed finished levels or contours;

-car parking layouts and other vehicle and pedestrian access and circulation areas;

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

Any tree or shrub which forms part of the approved landscaping scheme which within a period of 5 years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by a tree or shrub of a species, size and maturity.

Reason: To improve the appearance of the development and its contribution to biodiversity and the local environment, as required by saved Policy 99 of the Dacorum Borough Local Plan (2004) and Policy CS12 (e) of the Dacorum Borough Council Core Strategy (2013).

4.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending or re-enacting that Order with or without modification) no development falling within them 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,B,C and E.

Reason: Given the scale, site coverage, density of development and the close proximity of the proposed dwellings to each other and existing dwellings it is considered necessary  ...  view the full minutes text for item 5b

The report was introduced by the case officer Natasha Vernal

Councillor Armytage spoke in objection of the application

It was proposed by Councillor McDowell and seconded by Councillor Durrant that the application be approved.

Vote:

For:      9          against:            1          Abstained:       1

Resolved: That planning permission be GRANTED.

Condition(s) and Reason(s):

 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:

            - A01 REV 1

            - A02 REV 1

            - A03 REV 1

            - A04 REV 1

            - A05 REV 1

            - A06 REV 1

            - A07 REV 1

            - A08 REV 1

            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 application form.

            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 CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

            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.

APPENDIX A: CONSULTEE RESPONSES

APPENDIX B: NEIGHBOUR RESPONSES

Number of Neighbour Comments

Neighbour Responses

The report was introduced by the case officer Sally Robbins

Councillor Graham Sutton Spoke in Objection to the application

It was proposed by Councillor Wyatt-Lower and seconded by Councillor Uttley that the application be approved with conditions for future Ancillary use.

Vote:

For:  5              against: 6                    Abstained:       2

Motion to refuse on grounds of contravening CS12 4 5 & 6 on grounds of scale bulk and mass.

It was then proposed by Councillor Beauchamp and seconded by Councillor Durrant

Vote:

For:      6                     against: 4                               Abstained: 3   

Resolved: Planning REFUSED. The proposed garden outbuilding, by virtue of its scale, height and bulk, fails to respect the character and appearance of adjoining properties and its surrounding areas, in particular its relationship to the adjoining public footpath. As such the development is contrary to Policy CS12 (f) and (g) (iv, v & vi) of the Dacorum Borough Core Strategy (September 2013

Phil Stanley presented a few planning cases with the resolutions and issues faced.

·         Listed building in Wilstone had plastic windows put in, they now have the appropriate windows installed after some time and back & fourth. Photos of new windows and doors were sent in July, the case is to be closed and removed from list – complied

·         A Section 215 notice was served for the untidy appearance of NCP car park Hemel with listed mural on side , they have now tidied the frontage and it’s looking better, they will soon move on to the flank and continue with the improvements.

·         At the A5 old Watling Street there has been construction of a building, erection of gabion walls, widening of an existing access and formation of two vehicular access points and roadways within the site. An enforcement notice has been issued.

·         At Upper Bourne end lane there has been outbuildings in field built, the field has been subdivided into smaller plots which could be further sold and subdivided. We have served a notice on the clad shipping containers that are on green belt, we have issued notice to remove, this has been appealed, were now awaiting the start of appeal.

Philip Stanley explained that three quarters of notices are appealed, we need to be mindful of the workload that appeals place on the team.

·         Finally the willows Potton hill they have placed solar panels in the field which can be seen from the road, it’s tricky as were all in favour on renewable energy however they are very prominent feature in the field, the owner is looking to relocate within their garden, this will be more appropriate.

Philip Stanley spoke about the recent work planning enforcement are doing in order to cut high case levels after lockdown:

They have had difficulty in undertaking site visits, he explained they have split the borough into 5 areas, and focus on each areas over a 3 week period.

Hemel has a 4 week period of focus due to size. Area 1 has been complete, every site visit that was in this area outstanding has been done. We wrapped up a number of cases, and next steps have been taken in the other areas.

Area 2 Berkhamsted, the same process will take place, the team will focus on this whilst they can with a further lockdown now in place.

Once they have completed the full review, all outstanding cases will have been reviewed, formal action will have been taken and have a clearer picture on the priorities.

Philip Stanley explained if were not visiting areas and members wonder why, this is not because we don’t want to, it’s just not in its planned 3 week period yet. However urgent cases will still be looked at.

Councillor Hobson asked about how appeals are going and if Covid has delayed anything going to court, is it taking a longer time?

Phillip Stanley responded that appeals are dealt with by planning inspector and that sadly before Covid  ...  view the full minutes text for item 6.

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 2 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 those items, there would be disclosure to them of exempt information relating to the financial and business affairs of the Council and third party companies/organisations.

Local Government Act 1972, Schedule 12A, Part 1,Paragraphs 1 2 3 & 7