Agenda and minutes

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

The minutes of the meeting held on 10 March 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 Hobson, Cllr Durrant and Cllr Guest

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 Beauchamp 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 Beauchamp 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 Martin Stickley

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.        Within the first planting season following removal of the tree hereby authorised, a replacement tree shall be provided in accordance with the details/specifications on the Proposed Block Plan (reference: DBC/020/41, received 13^th April 2022).

            All work shall be carried out in accordance with B.S.3998:2010 "Tree Work Recommendations".

            If within a period of five years from planting the tree 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 of the same size and maturity.

            Reason:  To ensure that the loss of the tree is mitigated by a replacement 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.        The development hereby permitted shall be carried out in accordance with the following approved plans:

Site Location Plan

DBC/020/41 (Proposed Block Plan) (received 21st April 2022)

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

Inclusion of additional informative:

Nesting Birds

All wild birds, nests and eggs are protected under the Wildlife & Countryside Act 1981 (as amended). The grant of planning permission does not override the above Act. All applicants and sub-contractors are reminded that site clearance, vegetation removal, demolition works, etc. between March and August (inclusive) may risk committing an offence under the above Act and may be liable to prosecution if birds are known or suspected to be nesting. The Council will pass complaints received about such work to the appropriate authorities for investigation. The Local Authority advises that such work should be scheduled for the period 1 September - 28 February wherever possible. If this is not practicable, a search of the area should be made no more than 2 days in advance of vegetation clearance by a competent Ecologist and if active nests are found, works should stop until the birds have left the nest.

Informatives:

 1.        Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led 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.

 2.        The applicant is advised that the storage  ...  view the full minutes text for item 5a

Cllr Garrick Stevens has registered to speak on this item therefore will not be participating in the discussion or vote

The report was introduced by Patrick Doyle on behalf of Jane Miller

It was proposed by Councillor Maddern and seconded by Councillor Wyatt-Lowe that it be Granted

Vote:

For:   8              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 development hereby permitted shall be constructed in accordance with the materials specified on the application form and 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.        The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

            DD 21/166.3 A existing and proposed elevations, floor layouts and location plans (received 28.01.2022)

            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.

The report was introduced by the case officer Elspeth Palmer

It was proposed by Councillor Stevens and seconded by Councillor McDowell that the application be Refused

Vote:

For:  2      against:  3                   Abstained: 5

Alternative vote to support the application

It was proposed by Cllr Tindall and seconded by Cllr Maddern to grant the application

For:  3      against:  2                   Abstained: 5

Resolved:  Granted

Conditions;

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

PA 01 REV A, PA 02 REV A

Reason; For the avoidance of doubt and in the interests of proper planning

2.    No development shall take place until a report for the management of the construction of the development, which sets out the proposed development hours of operation and how any adverse impact of noise, dust and vibration and traffic on adjoining owners or occupiers will be mitigated, has been submitted to and approved in writing by the local planning authority.

Reason: To comply with the requirements of Schedule 2, Class AA, AA.2, 3 (b) of the Town and Country Planning (General Permitted Development) (England) Order 2015

The reports were introduced by the case officer Patrick Doyle

It was proposed by Councillor Cllr Tindall and seconded by Councillor Maddern 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 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:

            CM-02-03-2022-1- Site Plan

            CM-02-03-2022-1- Location Plan

            CM-02-03-2022-2

            CM-02-03-2022-3 A

            CM-02-03-2022-4 A

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

 3.        The materials to be used in the construction of the external surfaces of the development hereby permitted shall match the existing building in terms of size, colour and texture.

            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.

 2.        In accordance with the Councils adopted criteria, all noisy works associated with site demolition, site preparation and construction works shall be limited to the following hours - 07:30 to 17:30 on Monday to Friday, 08:00 to 13:00 on Saturday and no works are permitted at any time on Sundays or bank holidays.

 3.        The attention of the Applicant is drawn to the Control of Pollution Act 1974 relating to the control of noise on construction and demolition sites.

 4.        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.

The report was introduced by the case officer Patrick Doyle

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Maddern 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 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 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;

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

            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:  in the interests of ensuring the overall quality of the development, safeguarding the residential and visual amenity of the locality, and preserving heritage assets and Green Belt openness in accordance with Policies CS5, CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 and Chapters 13 and 15 of the National Planning Policy Framework (2021).

 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, to safeguard the visual character of the area, and preserving heritage assets and Green Belt openness in accordance with Policies CS5, CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 and Chapters 13 and 15 of the National Planning Policy Framework (2021).

 4.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order amending or re-enacting that Order with or without modification) no further enlargement of the building or outbuildings, additional hardstanding or means of enclosure shall occur or development falling within the following classes of the Order shall be carried out without the prior written approval of the Local Planning Authority:

            Class A, Class B, Class D, Class E, Class F  ...  view the full minutes text for item 5e

PStanley introduced the appeals update and was happy to take questions from the members.

Cllr Tindal asked Philip Stanley to explain why apps 4 & 5 were in red, he noted there were some in green and in blue, and he asked if the colour coded could be explained.

Philip Stanley referred to section 6.9 the appeals dismissed in 2022 and explained that the colour coding was explained there that runs through the whole report. A non determination appeal is blue and delegated report was green, a Development Management decision in line with officer recommendations was amber and the a Development Management decision contrary to officers recommendation was in red.

Philip Stanley introduced the report and explained this was approved by the Development Management committee with final approval from the portfolio holder a couple of years ago. As part of the new local enforcement plan they have created an annual insert that allows them each year to look at the priorities and projects that had been raised by residents or by members. It does need to take into account the resources and capacity of the enforcement team at that moment in time. Members will be aware that they are currently without an assistant team leader in enforcement which was the head of enforcement post and an additional enforcement officer which explains the lateness of bringing this report to members in terms of agreeing the 2022 priority, it also explains why the recommendation id that the priority is to focus on a particular section of historic caseloads.

The team have worked really well in difficult circumstances and they have produced capacity to bring down the live caseload within the enforcement service from around 620 cases to around 500, however with that figure it is still not possible to focus on every single historical case as well as the new cases that they were receiving, they were receiving around 30-40 new cases a month.

The recommendation was to focus on a section of historical cases whereby if they do not take action it would be too late to take action as they would become immune from action due to the passage of time. This related to the 4 year rule for operation development which was the building works or the 10 year rule for changes of use, other than changes of use for residential where the 4 year applies. They have looked at cases from 2012/2013 for the 10 year rule and cases from 2018-2019 in respect of the 4 year rule.

Members will see in the report an action plan where each month a specific target will be need to be hit to ensure they have taken appropriate action in time, so should a really harmful development still be outstanding in their books then it would not be allowed to stay permanently through inaction.

It was proposed by Councillor Hollinghurst and seconded by Councillor Williams that they approve the 2022 priority as explained by Philip Stanley.

For 9 against 0 abstain 1

Philip Stanley introduced the Enforcement report. He said the report was a reflection of the absence of two members of staff within the enforcement team, he would have liked to have progressed a number pf the items on this report, there were far too many of them saying compliance check required. He explained that they have an interim assistant team leader starting on the 9^th of May, he hoped that by the time the next quarterly update was presented there would be some more positive progress on a lot of these cases. Philip ran through parts of the report and was happy to take questions.

Cllr Tindal referred to items 8 & 9 St Johns road, he said he had noticed the new fenestration was due in February, they were not in April, he asked if the work had been completed, if not why has it now and was there an explanation from the department responsible.

Philip Stanley confirmed the work had not yet taken place due to access issues to the properties.

Cllr Tindall asked if it could be pushed for the work to be completed as this was an embarrassment as they were DBC properties, it’s been a long running sore that has been around for around 5 years.

Philip Stanley noted Cllr Tindall’s request.

The meeting ended at 20.19