Agenda and minutes

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

The minutes of the meeting held on 10 Feb 2022 were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from Cllr McDowell, Cllr Tindall and Cllr Durrant, Cllr Hobson, Cllr Douris.

Apologies for lateness were received from Cllr Maddern

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.

Cllr Maddern arrived part way through this item so was not able to take part in the discussion or vote.

The report was introduced by Joan Reid on behalf of the case officer Daniel Terry who no longer works for the Council.

JReid confirmed there were changes to the wording to conditions 4 and 7.

Condition 4

No above ground development 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 in consultation with the Conservation officer, Historic England and members of the development control committee.  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).

Cllr Maddern arrived part way through this application so was not able to take part in the discussion or vote.

Condition 7

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

1248 PP 000 (Location Plan);

1248 PP 020 (Proposed Site Plan);

1248 PP 021 (Proposed Ground Floor Plan);

1248 PP 022 (Proposed North Elevation);

1248 PP 023 (Proposed East Elevation);

1248 PP 024 (Proposed South Elevation);

1248 PP 025 (Proposed West Elevation);

1248 PP 033 (Proposed Section AA);

1248 PP 034 (Proposed Roof Plan);

1248 PP 035 (Proposed Section BB).

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

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

Vote:

For:   3            against:  1                   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 shall take place/commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of archaeological significance and research questions; and:

            1. The programme and methodology of site investigation and recording;

            2. The programme and methodology of site investigation and recording as required by the evaluation;

            3. The programme for post investigation assessment;

            4. Provision to be made for analysis of the site investigation and recording;

            5. Provision to be made for publication and dissemination of the analysis and records of the site investigation;

            6. Provision to be made for archive deposition of the analysis and records of the site investigation;

            7. Nomination of a competent person or persons/organisation to undertake  ...  view the full minutes text for item 5a

The report was introduced by the case officer Heather Edey

It was proposed by Councillor Maddern and seconded by Councillor Stevens that it be Granted

Vote:

For:  5             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 approved plans.

            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.        Before any mechanical services plant including refrigeration and kitchen extraction plant to which the application refers, is used at the premises, a scheme shall be submitted to and approved in writing by the local planning authority which demonstrates that the following noise design requirements can be complied with and shall thereafter be retained as approved.

            The cumulative measured or calculated rating level of noise emitted from the mechanical services plant including refrigeration and kitchen extraction plant to which the application refers, shall not exceed the existing background noise level at all times the plant and equipment is in use. The measured or calculated noise levels shall be determined in accordance to the latest version of British Standard 4142.

            Reason:  To protect the residential amenities of the locality, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

 4.        A scheme for the extraction and treatment of fumes and odours generated from cooking or any other activity undertaken on the premises shall be submitted to and approved in writing by the local planning authority. Any equipment, plant or process approved pursuant to such details shall be installed prior to the first use of the premises and shall be operated and retained in accordance with the approved details and operated in accordance with manufacturer's instructions.

            The scheme shall reflect guidance, and risk assessment, set out in guidance Commercial Kitchens: Control of Odour and Nose from Commercial Kitchen Exhaust Systems (by Ricardo Energy and Environment 2018).

            Reason:  To protect the residential amenities of the locality, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

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

            Parking Stress Survey (Bovingdon Parking Survey)

            AD/21/HIG98A/PL02 - Page 1 of 2

            AD/21/HIG98A/PL02 - Page 2 of 2

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

The report was introduced by the Joan Reid on behalf of the case officer Daniel Terry who no longer works for the Council.

JReid advised that the recommendation was changed from to be granted to be delegated with a view to approval to allow for the expiry of a 7-day re-consultation period following the change of description of the application.

Description of development

The description of the development has changed to the one now shown above. Previously it was “Demolition of 3x existing garages and erection of 1x 4 bedroom shallow bungalow with 4 dormers on roof slope including parking space, bin and bike stores”.

Further consultation

In light of the change of description, a further consultation period was undertaken, ending on 10.03.22, to provide interested parties with an opportunity to comment. It is very important to note that the change in description does not change at all the development to be constructed, rather it better describes the buildings to be demolished. Therefore, all interested parties have already had an opportunity to comment on the proposed plans and how this might affect them. There has been no further comments received from this re-consultation.

It was proposed by Councillor Maddern and seconded by Councillor Beauchamp that the application be Delegated with a view to approval

Vote:

For:  4     against:  1                Abstained: 2

Resolved:  Delegated with a view to approval

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.        Prior to the commencement of development hereby approved, an Arboricultural Method Statement and Tree Protection Plan prepared in accordance with BS5837:2012 (Trees in relation to design, demolition and construction) setting out how trees shown for retention shall be protected during the construction process, 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 174 of the National Planning Policy Framework (2021).

3.         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  ...  view the full minutes text for item 5c

Items 5d and 5e were linked so were presented together.

The reports were introduced by the case officer Elspeth Palmer,who presented a change to the wording of Condition 4 (adding ancillary buildings/structures to that not permitted), and the additional conditional 12 (securing maintenance of hedges and no additional fencing).

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

Vote:

For:  5              against:  1                   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 operations or activities (including parking) associated with the approved use shall take place outside of the hours of 09.30 hrs and 1600 hrs Monday to Friday, 1000hrs to 1400hrs Saturday and Sunday (excluding Bank Holidays where no use is permitted). The hours of operation detailed within this condition shall be termed the ‘core operating hours’ for the purpose of other conditions attached to this permission.

Reason:  To ensure that the activities associated with the approved use are consistent with those which have been assessed under this planning application in the interests of the amenities of the occupants of neighbouring dwelling in accordance with Policy CS12 of the Core Strategy.           

 3.        The maximum number of dogs to use the site at any one time is 24.

            Reason:  In the interests of the amenities of the occupants of neighbouring dwellings and to comply with CS12.

4.         There shall be no converted, moveable or static caravans, ancillary buildings / structures or shipping containers on the site at any time.

Reason: To safeguard the open character of the Green Belt, the character and appearance of the countryside, and residential amenity in accordance with Policies CS5 and CS12 of the Dacorum Core Strategy (September 2013).

5.         No exterior lighting shall be installed on the site.

Reason: To safeguard the open character of the Green Belt, the character and appearance of the countryside, and residential amenity in accordance with Policies CS5 and CS12 of the Dacorum Core Strategy (September 2013).

6.         No internal fencing, other than that shown on approved Drawing ‘Amended Block Plan – 2.9.21’, shall be erected. All internal fencing shall be removed once the dog day care use of the site ceases.

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

7.         No parking of vehicles or trailers shall take place on the site (excluding those directly associated with site maintenance) other than on the car parking area illustrated on approved Amended Block Plan (02.09.21). There shall be no more than two vehicles parked in the car parking area at any one point in time, and no vehicles shall be left on the site outside of  ...  view the full minutes text for item 5d

The report was introduced by the case officer Elspeth Palmer

It was proposed by Councillor Beauchamp and seconded by Councillor Stevens that the application be Delegated with a view to approval.

Vote:

For:     5          against:           1          Abstained: 1

Resolved:  Delegated with a view to approval.

Condition(s) and Reason(s):

 1.        The development hereby permitted shall not be retained other than in accordance with the following approved plans/documents:

            Site Location Plan

            Proposed Plan and Elevations PE01

            Block Plan

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

 2.        The Chattel shall only be used for the purpose of dog day care and shall be permanently removed from the site once the dog day care use of the site ceases.

            Reason:  To safeguard the open character of the Green Belt in accordance with Policy CS5 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.

Philip Stanley explained that there was a pre-committee question raised regarding a specific appeal (No.218 High Street, Hemel Hempstead). Philip Stanley explained that this report only details the appeals received or the appeals determined within a specific period, that this was why this appeal was not covered in this Update, and the Council therefore has more live appeals than those covered in the Appeals Update.

Philip Stanley shared a few points from the report and was happy to take questions.

There were no questions.