Agenda and minutes

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

The minutes of the meeting held on 28^th April 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 Hollinghurst, and 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 order of applications was changed to allow for anyone wanting to speak on an application to be heard. Items 5b & 5j were moved to the end as they did not have public speakers.

The report was introduced by the case officer Robert Freeman, who updated Members that the word ‘some’ in Condition 15 is to be removed.

It was proposed by Councillor Beauchamp and seconded by Councillor Williams that it be Delegated with a view to approval.

Cllr Maddern stepped out part way through the presentation so was not able to vote.

Vote:

For:   9              against:  0                      Abstained: 1

Resolved; Granted

Condition(s) and Reason(s):

8.1        That planning permission be DELEGATED with a view to APPROVAL subject to the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (As Amended)

8.2        That the following Heads of Terms are agreed:

•       The reallocation of £250,000.00 secured in association with planning permission 4/00064/17/MFA towards the improvement of the Green Lane and Breakspear Way junction

•       That enhancement works to Buncefield Lane are commenced in accordance with the Buncefield Lane Works Schedule (see Table 1 of the response from Hertfordshire Highways)

•       A contribution of £250,584.00 is provided to undertake biodiversity improvements within the Borough.

•       A contribution of some £6,000 is provided for the monitoring and evaluation of a Green Travel Plan in relation to the site.

8.3        That the following conditions are applied:

Conditions:

 1.        Details of the access, appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved.  Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission.

Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

2          The development hereby permitted shall begin no later than 2 years from the date of approval of the last of the reserved matters to be approved.

Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990. The development hereby permitted shall begin no later than 2 years from the date of approval of the last of the reserved matters to be approved.

Construction Management

3.         No development shall take place until a Construction Environmental Management Plan (     CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall including elements of the CLOCS standards as set out in the Highway Authority’s Construction Management template. The Construction Management Plan / Statement shall include details of:

a. Construction vehicle numbers, type, routing;

b. Access arrangements to the site;

c. Traffic management requirements

d. Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

e. Siting and details of wheel washing facilities;

f. Cleaning of site entrances, site tracks and the adjacent public highway;

g. Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times;  ...  view the full minutes text for item 5a

Item 5b was deferred to a future meeting due to time constraints.

Cllr Riddick declared he had called in this item however he comes to this item with an open mind and was able to participate in the discussion and vote.

The report was introduced by the case officer Robert Freeman

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

Vote:

For:  5      against:  3                   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 carried out in accordance with the following approved plans/documents:

            21-31-01 Revision C (Existing and Proposed Block Plan)

            21-31-02 Revision B (Site Location Plan)

21-31-03 Revision D (Proposed Floor Plan and Elevations)

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

3.        No development shall take place until full details soft landscape works has been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

-       a planting scheme with the location, number, size, species and position of trees, plants and shrubs;

-       full details of any retaining structures and fences, including details of the use of planting for the external appearance of the gabion walls; and

-       a planting timetable, detailing when all soft landscaping works will be carried out in relation to the construction of the development hereby permitted.  

The planting scheme shall be carried out in full in accordance with the approved planting timetable.

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 Policies CS11, CS12 and CS26 of the Core Strategy and Saved Policy 99 of the Dacorum Borough Local Plan (2004)

4.         No development shall take place until details of drainage for the application site have been submitted to and approved in writing by the Local Planning Authority. These proposals shall be implemented fully in accordance with the approved details.

Reason: To ensure that adequate provision is made for the drainage of the site in accordance with Policies CS8, CS31 and CS32 of the Core Strategy.

5.         The building, hereby approved, shall only be used for agriculture.

Reason: In the interests of the visual amenities of the area in accordance with Policies CS5,    CS12, CS24 and CS25 of the Core Strategy.

INFORMATIVE

BADGERS

a)    Any excavations left open overnight should be covered or have mammal ramps  ...  view the full minutes text for item 5c

Cllr Beauchamp declared an interest that he had been involved with helping the resident and that he had called this application in, he did not take part in the discussion or vote.

The reports were introduced by the case officer Elspeth Palmer

The committee were not happy that sufficient information had been provided to reach a decision. A motion was put forward to defer this application until more information could be provided.

It was proposed by Councillor Cllr Williams and seconded by Councillor Durrant that the application be Deferred

Vote:

For:   6              against:  3                      Abstained: 1

Resolved:  Deferred

Reason for deferral: To allow for the submission of further information which demonstrates that (a) an extractor flue / system can be built as part of this development and (b) that waste arising from the proposed use can be appropriately stored and disposed of.

Councillor Hobson declared that this was in her ward, she had been involved in a conversation however did not give an opinion, she said she comes with an open mind and was able to take part in the discussion and vote.

The report was introduced by the case officer Patrick Doyle

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

Vote:

For:  5               against:  5                      Abstained: 1

Councillor Guest as chair used her deciding vote and voted for the officer recommendation.

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

            2PL01B; 2PL02; 2PL03; 2PL04; 2PL05; 2PL06; 2PL07; S793-J"-IA-3 Report (Tree Report and Aboricultural Method Statement)

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

 3.        No construction of the superstructure shall take place until a soft landscaping plan that includes number, size, species and position of trees, plants, shrubs and wall climbing planting has been submitted to and approved in writing by the Local Planning Authority.

            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 10 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 (as amended) (or any Order amending or re-enacting that Order with or without modification) no development falling within the following classes of the Order shall be carried out without the prior written approval of the Local Planning Authority:

            Classes A, AA, B, C, D, E of Schedule 2 part 1;.

            Reason:  To enable the Local Planning Authority to retain control over the development in the interests of safeguarding the residential and visual amenity of the locality in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 of the National Planning Policy Framework (2021).

 5.        Prior to the first use of the development hereby permitted the vehicular accesses shall be completed and thereafter retained as shown on drawing number 2PL 01 B to a  ...  view the full minutes text for item 5e

The report was introduced by the Philip Stanley on behalf of Natasha Vernal who has left the Council. At the start of his presentation Philip Stanley updated Membersthat the Case Officer’s report had not taken into account the amended plans, and that therefore the list of plans condition had also been corrected.

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

Vote:

For:  5               against:  5                      Abstained: 1

Cllr Guest used her casting vote as the chair and voted against the officer’s recommendation to grant

There was an alternative vote to refuse.

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

For:  5               against:  5                      Abstained: 1

Cllr Guest used her casting vote as the chair and voted for refusal

Resolved:  Refused

Reasons for refusal

1.         By reason of its scale, height and bulk the proposed extensions would look out of place within the street scene and would cause significant harm to the character and appearance of the area. Therefore, the proposed development fails to comply with Policies CS11 and CS12 (f) and (g) of the Dacorum Borough Core Strategy 2013.

2.         Insufficient parking is provided to serve the proposed development, thereby resulting in increased on-street parking and having a detrimental impact on highway safety. Therefore, the proposed development fails to comply with Policies CS8, CS12(a) of the Dacorum Borough Core Strategy 2013, and the Parking Standards Supplementary Planning Document (November 2020).

The report was introduced by Rob Freeman on behalf of the case officer Laura Bushby

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Maddern that the application be Granted, with an additional condition relating to external lighting.

Vote:

For:   6              against:  1                      Abstained: 4

Resolved:  Granted

Condition(s) and Reason(s):

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

            Drawing no. 300

Location Plan

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

 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.        The outbuilding hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as 34 Coniston Road and shall not be independently occupied.

            Reason:  For the avoidance of doubt and to ensure that the use of the development remains ancillary to the use of the main dwellinghouse without allowing the intensification of residential accommodation within the site in accordance with Policy CS5 and CS11 of the Dacorum Core Strategy.

 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 development falling within the following classes of the Order shall be carried out

            Schedule 2 Part 1 Class E

            Reason:  To enable the Local Planning Authority to retain control over the development in the interests of safeguarding the openness of the Green Belt in accordance with Policy CS5 of the Dacorum Borough Core Strategy (2013) and Section 13 of the National Planning Policy Framework (2021).

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.

Councillor Stevens declared that he was speaking in objection to this application so would not take part in the discussion or vote.

The report was introduced by Philip Stanley on behalf of the case officer Cris Lancaster

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

Vote:

For:   9              against:  0                      Abstained: 1

Resolved: 

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:

            BCH20 110; 115A ;500F; 501H; 502K; 503E; 504A

            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. 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.

A vote was taken by the committee to continue hearing the applications until 10.30, the committee voted in favour of continuing. 40

The report was introduced by Robert Freeman on behalf of Laura Bushby

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

Vote:

For:   7              against:  0                      Abstained: 3

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:

            HR15

            HR16

            HR17

            HR18

            Location Plan

            Design and Access Statement

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

 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 and to safeguard the visual character of the Conservation area in accordance with Policies CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

4.         No development (excluding demolition/ground investigations) shall take place until details of the parapet walls and windows to be used in the construction of the development hereby approved have been submitted and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details and thereafter maintained as such. 

            Reason:  To ensure satisfactory appearance to the development and to safeguard the visual character of the Conservation area in accordance with Policies CS11, CS12  and CS27 of the Dacorum Borough Core Strategy (2013).

5j was deferred until a future meeting due to time constraints.

Item 5k was deferred prior to the start of the meeting; this will be heard at a future meeting