Agenda and minutes

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

The minutes of the meeting held on 16 December 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 Maddern

Apologies received from Cllr McDowell

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 running order of items was changed to allow for speakers. 5(f) was heard before 5(e

The report was introduced by the case officer Martin Stickley

Martin highlighted an amendment to paragraphs 9.16 and 9.32 to update on the number of new trees proposed and CIL Zone charges:

9.16 Two new trees are proposed, and not the four stated in the report.

9.32 Policy CS35 requires all developments to make appropriate contributions towards infrastructure required to support the development. The Charging Schedule clarifies that the site is in Zone 3 within which a current charge of £131.10 per square metre is applicable to this development. This will decrease to £130.71 as of 1 January 2022.

It was proposed by Councillor Williams and seconded by Councillor Douris that it be Granted

Vote:

For:  9              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.        No development shall take place until the final design of the drainage scheme is completed and sent to the LPA for approval. The surface water drainage system will be based on the submitted the Flood Risk Assessment and Drainage Strategy reference M03001-04_FR05 dated December 2020 prepared by McCloy Consulting. The scheme shall also include:

            1. Limiting the surface water run-off rates to a maximum of 2l/s for all rainfall events up to and including the 1 in 100 year + climate change event with discharge into the Thames surface Water sewer.

            2. Provide attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event.

            3. Implement drainage strategy to include permeable paving and attenuation tank.

            4. Detailed engineered drawings of the proposed SuDS features including their location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance for climate change event, with a supporting contributing area plan.

            5. Demonstrate appropriate SuDS management and treatment for the entire site including the access road. To include exploration of source control measures and to include above ground features such as permeable paving.

            6. Exceedance routes and details of any informal flooding areas for all events over the 1 in 30 year rainfall event.

            7. Maintenance and management plan for the SuDS features.

            Reason: To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site in accordance with Policy CS31 of the Dacorum Borough Core Strategy (2013) and  Paragraph 169 of the National Planning Policy Framework (2021).

 3.        (a)        The Local Planning Authority is of the opinion that the Preliminary Investigation Report submitted at the planning application stage (Document Reference: RSK Preliminary  ...  view the full minutes text for item 5a

The report was introduced by the case officer Daniel Terry, who referred Members to Condition 7 of the report and that this should read Rev.B, and not Rev.A.

It was proposed by Councillor Beauchamp and seconded by Councillor Durrant that it be Granted

Vote:

For:   4            against:  2                   Abstained: 4

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 development hereby permitted shall be carried out in accordance with the

following approved plans/documents:

201 REV C (Proposed Site Plan);

202 REV C (Ground Floor and First Floor Plans);

203 REV C (Loft and Roof Plans);

204 REV C (Proposed Elevations);

205 REV C (Ground Floor and First Floor Plans);

206 REV C (Loft and Roof Plans);

207 REV C (Proposed Elevations);

208 REV C (Proposed Street Scene Elevations);

209 REV B (Proposed Visibility Splays).

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

 3.        The development hereby permitted shall be carried out in accordance with the approved Sustainability Checklist received by the Council on 7^th January 2022.

Reason: To ensure the sustainable development of the site in accordance with the aims of Policies CS28 and CS29 of the Dacorum Borough Core Strategy (2013), the Sustainable Development Advice Note (2016) and Paragraphs 154 and 157 of the National Planning Policy Framework (2021).

 4.        The development hereby permitted shall be constructed in accordance with the materials specified on the approved drawings.

            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, CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

 5.        Notwithstanding Condition 4, no development shall take place above slab level until details of the sample panels of flint work have been submitted and approved in writing by the Local Planning Authority.

            All flint work shall be built freehand.

            Reason: To ensure that the character or appearance of the Chipperfield Conservation Area 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 (2021).

 6.        Prior to the first use of the development hereby permitted the vehicular access shall be completed and thereafter retained as shown on drawing number 201 C to a maximum of 7.2metres (6 dropped kerbs and 2 risers) in accordance with HCC Highways Design Guide section 4. Prior to use appropriate arrangements shall be made for surface water to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

            Reason: To ensure satisfactory access into the site and avoid  ...  view the full minutes text for item 5b

The report was introduced by the case officer Daniel Terry

It was proposed by Councillor Stevens and seconded by Councillor Durrant that the application be Granted     

Vote:

For:  2               against: 4                  Abstained: 4

Alternative Motion to refuse was proposed by Cllr Hollinghurst and seconded by Cllr Williams

Vote:

For:  6               against: 1                  Abstained: 3

Resolved:  Refused

Reasons for Refusal:

1.         The proposed dwelling, by virtue of its increased height, bulk, floor space and volume, would be materially larger than the building it would replace. As such, the proposal is inappropriate development in the Green Belt and harmful by definition, and fails to preserve the openness of the Green Belt. The development is therefore contrary to paragraphs 148 and 149 of the National Planning Policy Framework (2021). No very special circumstances have been forwarded in this case to clearly outweigh the substantial weight that must be given to this Green Belt harm. The proposal is also therefore contrary to policy CS5 of the Core Strategy (2013).

2.         The proposed dwelling, by virtue of its height, scale, positioning, design, materiality and appearance fails to respect the character, appearance and setting of the adjoining Chipperfield Conservation Area. As such the proposal results in less than substantial harm to the setting of the Conservation Area and there are insufficient public benefits to outweigh this level of harm. As such the proposal is contrary to

The report was introduced by the case officer Robert Freeman

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

Vote:

For:  7     against:  1                Abstained: 2

Resolved:  Granted

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 approved shall be constructed in accordance with the material schedule submitted and approved under planning reference 20/01871/DRC

Reason: To ensure a satisfactory appearance to the development in accordance with Policies CS11 and CS12 of the Core Strategy.

3          The landscaping of the site shall be carried out in accordance with the details approved under 20/01871/DRC 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 Core Strategy.

4          The development hereby permitted shall not be occupied until the arrangements for vehicle parking, circulation, loading and unloading shown on drawing No. 11167-902 (Site Plan) shall have been provided, and they shall not be used thereafter otherwise than for the purposes approved.

Reason: To ensure the adequate and satisfactory provision of off-street vehicle parking facilities in accordance with Policies CS8 and CS12 of the Core Strategy and the Car Parking Standards SPD (2020)

5          All remediation or protection measures identified in the Remediation Statement referred to in Condition 5 shall be fully implemented within the timescales and by the deadlines as set out in the Remediation Statement and a Site Completion Report shall be submitted to and approved in writing by the local planning authority prior to the first occupation of any part of the development hereby permitted.

For the purposes of this condition a Site Completion Report shall record all the investigation and remedial or protection actions carried out. It shall detail all conclusions and actions taken at each stage of the works including validation work. It shall contain quality assurance and validation results providing evidence that the site has been remediated to a standard suitable for the approved use.

Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development.

Informative:

Paragraph 121 of the NPPF states that all site investigation information must be prepared by a competent person. This is defined in the framework as 'A person with a recognised relevant qualification, sufficient experience in dealing with the type(s) of pollution or land instability, and membership of a relevant professional organisation.' Contaminated Land Planning Guidance can be obtained from Regulatory Services or via the Council's website www.dacorum.gov.uk

6          The development hereby permitted shall be carried out and thereafter retained fully in accordance with drawings 11167/501 A (Drainage Plan) and 11167/502 A (Drainage  ...  view the full minutes text for item 5d

The report was introduced by the case officer Robert Freeman

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

Vote:

For:  9              against:  0                   Abstained: 1

Resolved:  Granted

Condition(s) and Reason(s):

 1.        The development hereby permitted shall begin before the 19^th August 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:

            Plans

PL06 Revision B (Street Elevation)

PL07 Revision C (Site Plan)

PL08 Revision C (Floor Plans)

PL09 Revision B (Elevations)

PL10 Revision C (3D Views)

            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 application 21/04063/DRC.

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).

4.         The development, hereby approved, shall not be occupied until the access and parking arrangements shown on drawing PL07 Revision C (Site Plan) have been provided. These parking arrangements shall be thereafter retained in accordance with the approved drawings.

Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policy 5 of Hertfordshire’s Local Transport Plan (adopted 2018).

5.         The development hereby approved shall be carried out in accordance with the approved sustainability measures approved under planning application 21/04063/DRC

Reason:  To ensure the sustainable development of the site in accordance with the aims of Policies CS28 and CS29 of the Dacorum Borough Core Strategy (2013), the Sustainable Development Advice Note (2016) and Paragraphs 150 and 153 of the National Planning Policy Framework (2019).

6.         The development hereby approved shall be carried out in accordance with the Landscaping scheme approved under planning application 21/04063/DRC

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).

7.         The development hereby approved shall not be occupied until the arrangements for the storage of refuse have been provided in accordance with the details approved under planning application 21/04063/DRC. These bin storage arrangements shall thereafter be retained in accordance with the  ...  view the full minutes text for item 5e

The report was introduced by the case officer Heather Edey

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

Vote:

For:   8            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.        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).

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

            120

            101

            105

            130

            140

            190

            49159 - Eximius Intentio - Hemel Hempstead Parking Survey - Location Map

            49159 - Eximius Intentio - Hemel Hempstead Parking Survey (by CTS Traffic and Transport)

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

Informatives:

1.         Planning permission has been granted for this proposal. The Council acted pro-actively through early engagement with the applicant at the pre-application stage which lead to improvements to the scheme. 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.

            CONTAMINATION INFORMATIVES:

            Contaminated Land Informative 1:

            In the event that contamination is found at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority with all works temporarily suspended until a remediation method statement has been agreed. This is because the safe development and secure occupancy of the site lies with the developer.

            Contaminated Land Informative 2:

            Materials or conditions that may be encountered at the site and which could indicate the presence of contamination include, but are not limited to: Soils that are malodorous, for example a fuel odour or solvent-type odour, discoloured soils, soils containing man-made objects such as paint cans, oil/chemical drums, vehicle or machinery parts etc., or fragments of asbestos or potentially asbestos containing materials. If any other material is encountered that causes doubt, or which is significantly different from the expected ground conditions advice should be sought.

Philip Stanley introduced the report, highlighting a number of key appeal decisions and noting that no successful claim for Costs was made against the Council in 2021, and was happy to take questions.

Cllr Beauchamp referred to piper’s hill and the Motorsports, if they were to put through another application, with the new studio application recently being granted and the impact of the noise from the motorsport, he asked if they would have to take the studio application into consideration.

Phil Stanley said that was an interesting point however Bovingdon airfield is very large and has a number of land owners. If they both have planning permission then they can both operate. The Runways Farm site has permission but is subject to a condition, requiring of an effective noise management plan. The principle of car racing is accepted as long as the Noise Management Plan can mitigate the harmful impact of the noise. However that noise would impact more on residential amenity. Throughout the applications for the studios they were aware that the plot adjacent to theirs was used for that purpose and this did not stop them submitting the application.

Cllr Hollinghurst said that he had noticed there was an appeal coming down the track for Lila’s wood which is off wick road in Wiggington, he wanted to mention he was a household objector to this development.

Cllr Hobson wanted to thank Philip and his team, it was a very succinct report and thanked him for the ongoing advice and support and for helping the committee make their decisions.

Cllr Guest echoed Cllr Hobsons thanks.