Agenda and minutes

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

The minutes of the meeting held on 29 April were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies were received from Cllr Uttley (Substitute Cllr Stevens)

Apologies received from Cllr McDowell (Substitute Cllr Tindall)

Apologies from Cllr Woolner

Apologies from Cllr Hollinghurst

Cllr Oguchi gave apologies for lateness

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

Item 5a - 21/00858/ROC Variation of Condition 2 (Approved Plans) Attached to Planning Permission 20/01355/MFA (Full Planning Application for the construction of a single storey, single chapel crematorium with associated parking, landscaping and infrastructure.) Land South Of Bedmond Road, Hemel Hempstead, Hertfordshire,

Cllr Douris declared prejudicial interest and did not speak and vote

The report was introduced by the case officer Rob Freeman

It was proposed by Councillor Tindall and seconded by Councillor Wyatt-Lowe that the application beDELEGATED with a view to APPROVAL

Vote:

For:  10                        against:  0                   Abstained:     0           

Resolved:  Delegated with a view to Approval

1.         The development hereby permitted shall begin before the 27^th October 2023.

            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:

            1203-1000-OS Plan (Site Location Plan)

            1203-D036A (Design and Access Statement)

            0569-PLI-XX-XX-RP-L-0001-P08 (Stage 3 Report Landscape Design by Plincke – May 2020)

            1203-P1001 Revision A (Proposed Site Plan)

            1203-P1002 (Proposed Ground Floor Plan)

            1203-P1003 Revision A (Proposed Roof Plan)

            1203-P2000 Revision A (Proposed Elevations – Main Building)

            1203-P2001 (Proposed Elevations – Chapel of Remembrance)

            1203-P2002 Revision A (Proposed Section – Main Building)

            1203-P2003 (Proposed Section – Chapel of Remembrance)

            1203-D040 (CGI Visual – Crematorium Approach)

            0569-PLI-00-XX-ZZ-DR-L-0100-P13 (Landscape Masterplan)

            0569-PLI-97-XX-SH-L-0001-P03 (Outline Landscaping Specification)

            0569-PLI-94-XX-SH-L-0002-P01 (Soft Landscaping Schedule)

            0569-PLI-00-ZZ-DR-L-0160-P06 (External Material Measurement)

            0569-PLI-00-ZZ-DR-L-0161-P05 (Hard Landscaping Strategy)

            0569-PLI-00-ZZ-DR-L-0162-P04 (Soft Landscaping Strategy)

            0569-PLI-00-ZZ-DR-L-0163-P03 (Biodiversity Enhancement Strategy)

            0569-PLI-00-ZZ-DR-0164 Revision P01 (Landscape Section Plan)

            0569-PLI-XX-ZZ-DR-L-0501 Revision P01 Landscape Sections)

            0569-PLI-00-ZZ-DR-L-0300-P10 (Tree Retention and Removal Plan)

            J4053-C-DR-1001 Revision 4 (Drainage Plan)

            J4053-C-DR-1002 Revision 3 (Drainage Plan)

            J4053-C-DR-1003 Revision 4 (Drainage Plan)                                             

            J4053-C-RP-0002 Rev 08 Status S4 (Site Wide Sustainable Drainage System Strategy)

            Ecological Opportunities Strategy by Ecology and Land Management – May 2020

            Energy and Sustainability Report by RHB Partnership – May 2020

Landscape and Visual Impact Assessment by Plincke – May 2020

            Preliminary Ecological Appraisal by Ecology and Land Management – May 2020

Transport Assessment by Mode, May 2020

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

 3.        The development hereby approved shall be constructed from the materials approved under planning reference 20/03478/DRC. 

            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        The development hereby approved, shall not be used, until the means of access, parking and circulation areas have been provided fully in accordance with the approved plans.

          Reason: To ensure the provision and retention of adequate access and parking facilities for the site in accordance with Policies CS8 and CS12 of the Core Strategy.

5          The soft landscaping works shall be planted in accordance with the Soft Landscaping Schedule (0569-PLI-94-XX-SH-L-0002) within one planting season of completing the development.

Any tree or shrub which forms part of  ...  view the full minutes text for item 6.

Item 5b was removed from the Agenda as this was deferred to a future meeting

Item 5c was removed from the Agenda as this was deferred to a future meeting

Item 5d was removed from the Agenda as this was removed by the agent

Cllr Douris declared personal interest and took part in meeting

The report was introduced by the case officer Intan Keen

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Durrant that the application be Granted subject to conditions

Vote:

For:  9              against:  0                   Abstained: 2             

Resolved:  Granted subject to conditions

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 and documents:

            Plot (proposed site layout plan)

            Building Elevations

            Agricultural Justification and Statement (received 5 May 2021)

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

 3.        The buildings hereby permitted shall not be used other than for the purposes of agriculture (including horticultural purposes).

            Reason:  To safeguard the open character of the Green Belt in accordance with Policy CS5 of the Dacorum Core Strategy (2013).

 4.        Construction of the buildings (agricultural barn and polytunnel) hereby permitted shall not commence until the following details have been submitted to and approved in writing by the local planning authority:

·         A metrically scaled plan showing the location of the entrance gate and the height of the gate above ground level in its relocated position;

·         A metrically scaled plan indicating the location for on-site car parking with parking bays to be of minimum dimensions of 2.4 metres by 4.8 metres.

            The approved details shall be carried out prior to the first occupation of the buildings hereby permitted.

            Reason:  To safeguard the character and appearance of the surrounding countryside and the adjacent Chilterns of Outstanding Natural Beauty in accordance with Policies CS12 and CS24 of the Dacorum Core Strategy (2013).

 5.        The buildings hereby permitted shall be constructed of materials specified in the Agricultural Justification and Statement (received 5 May 2021).

            Reason:  To safeguard the character and appearance of the countryside and the adjacent Chilterns Area of Outstanding Natural Beauty in accordance with Policies CS12 and CS24 of the Dacorum Core Strategy (2013).

 6.        There shall be no overnight parking associated with the development hereby approved.

            Reason: To safeguard the open character of the Green Belt and the countryside in accordance with Policies CS5 and CS12 of the Dacorum 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.

Cllr Douris declared prejudicial interest and did not speak and vote

The report was introduced by the case officer Colin Lecart

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Williams That the application be Granted subject to conditions     

Vote:

For:  8              against:  0                   Abstained: 2   

Resolved:  Granted subject to conditions     

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:

            20/43/05E

            20/43/03F

            20/43/01F

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

3.        No development above slab level 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.

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 above ground development 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:

o          all external hard surfaces within the site;

o          other surfacing materials;

o          means of enclosure;

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

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

o          retained historic landscape features and proposals for restoration, where relevant.

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 similar 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).

 5.        No development (excluding ground investigations or archaeological investigations) shall take place until a Landscape and Ecology Management  Plan for the enhancement of the site for biodiversity purposes, to include timescales for implementation and future management, shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme of enhancements shall be implemented in accordance with the approved details and thereafter so retained.  ...  view the full minutes text for item 11.

Cllr Douris declared personal interest and took part in meeting

The report was introduced by the case officer Colin Lecart 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Tindall that the application be Granted

Vote:

For:   1            against:  6                   Abstained: 3

It was proposed by Councillor Beauchamp and seconded by Councillor Hobson for an alternative motion to refuse

Vote:

For:  6              against:  1                   Abstained: 3   

Resolved:  Refused

Reason:

The proposal would be located within a designated rural area outside the village of Markyate. Whilst, in accordance with the NPPF there is a tilted balance in favour of housing development, it is considered in this instance that the proposal for four dwellings would not have a significant nor tangible impact on the council's overall housing supply.  Furthermore, it is considered that the proposal would be harmful to the character of the rural area and is therefore considered unacceptable in the context of Policy CS7

The report was introduced by the case officer Elspeth Palmer       

It was proposed by Councillor Williams and seconded by Councillor Wyatt-Lowe that the application be Granted    

Vote:

For: 10                         against: 0                    Abstained: 1   

Resolved:  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 tower extension will be galvanised steel to match the existing tower frame and the proposed antenna will be painted white steel to the match the existing antenna.

            Reason:  To ensure a satisfactory appearance to the development and to comply with Saved Policy 126 of the Dacorum Borough Local Plan and Core Strategy Policies CS11 and CS12.

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

            Site Location Plan

            Proposed Site Elevation 105 B

            Proposed Site Plan 103 B

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

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.

 2.        HCC as Highway Authority recommends inclusion of the following Advisory Note (AN) / highway informative to ensure that any works within the highway are carried out in accordance with the provisions of the Highway Act 1980:

            AN) 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.

            AN) Storage of materials: The applicant is advised that the storage of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority 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.

The report was introduced by the case officer Elspeth Palmer  

It was proposed by Councillor Williams and seconded by Councillor Hobson that the application be Deferred until Trees and Woodlands can do an onsite survey     

Vote:

For:  10                        against: 0                    Abstained: 1   

Resolved:  Deferred

The report was introduced by the case officer Heather Edny that the application be Granted

It was proposed by Councillor Beauchamp and seconded by Councillor Maddern that the application be Granted

Vote:

For:  9              against: 0                    Abstained: 2   

Resolved:  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.        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 preserve or enhance the character and appearance of the designated heritage asset in accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990 and Policy CS27 of the Dacorum Borough Core Strategy (2013).

 3.        The listed brick boundary wall shall be stabilised for the duration of construction works.

            Reason:  To ensure that the character or appearance of the designated heritage asset is preserved or enhanced as required per Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policy CS27 of the Dacorum Borough Core Strategy (2013) and Section 16 of the National Planning Policy Framework (2019).

 4.        The demolition of the listed brick boundary wall shall be carried out by hand [or by tools held in the hand other than power-driven tools] and the materials stored for re-use.

            Reason:  To ensure that the character or appearance of the designated heritage asset is preserved or enhanced as required per Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policy CS27 of the Dacorum Borough Core Strategy (2013) and Section 16 of the National Planning Policy Framework (2019).

 5.        The 6.5m length of the demolished brick boundary wall shall be rebuilt using existing bricks and shall be constructed to match the existing wall in terms of height, brick bond and mortarfinish. The rebuilt wall shall be tied to existing walls. Where new bricks are required to complete these works, these bricks shall be selected to match existing bricks.

            Reason:  To ensure that the character or appearance of the designated heritage asset is preserved or enhanced as required per Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policy CS27 of the Dacorum Borough Core Strategy (2013) and Section 16 of the National Planning Policy Framework (2019).

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

            20002-00-100

            20002-00-101

            20002-00-102

            20002-00-103

            20002-00-104

            20002-00-105

            20002-00-201 Rev A

            20002-00-202 Rev A

            20002-00-203 Rev A

            20002-00-204  ...  view the full minutes text for item 15.

The report was introduced by the case officer Heather Edny

It was proposed by Councillor Williams and seconded by Councillor Maddern that the application be Granted

Vote:

For:  10                        against: 0                    Abstained: 1   

Resolved:  Granted

Condition(s) and Reason(s):

 1.        The works hereby permitted shall begin 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, as amended by Section 51 (4) of the Planning and Compulsory Purchase Act 2004.

 2.        No works (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 preserve or enhance the character and appearance of the designated heritage asset in accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990 and Policy CS27 of the Dacorum Borough Core Strategy (2013).

 3.        The listed brick boundary wall shall be stabilised for the duration of construction works.

            Reason:  To ensure that the character or appearance of the designated heritage asset is preserved or enhanced as required per Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policy CS27 of the Dacorum Borough Core Strategy (2013) and Section 16 of the National Planning Policy Framework (2019).

 4.        The demolition of the listed brick boundary wall shall be carried out by hand [or by tools held in the hand other than power-driven tools] and the materials stored for re-use.

            Reason:  To ensure that the character or appearance of the designated heritage asset is preserved or enhanced as required per Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policy CS27 of the Dacorum Borough Core Strategy (2013) and Section 16 of the National Planning Policy Framework (2019).

 5.        The 6.5m length of the demolished brick boundary wall shall be rebuilt using existing bricks and shall be constructed to match the existing wall in terms of height, brick bond and mortar finish. The rebuilt wall shall be tied to existing walls. Where new bricks are required to complete these works, these bricks shall be selected to match existing bricks.

            Reason:  To ensure that the character or appearance of the designated heritage asset is preserved or enhanced as required per Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policy CS27 of the Dacorum Borough Core Strategy (2013) and Section 16 of the National Planning Policy Framework (2019).

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

            20002-00-100

            20002-00-101

            20002-00-102

            20002-00-103

            20002-00-104

            20002-00-105

            20002-00-201 Rev A

            20002-00-202 Rev A

            20002-00-203 Rev A

            20002-00-204 Rev A

            20002-00-205 Rev A

            20002-00-206 Rev  ...  view the full minutes text for item 16.