Agenda and minutes

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

The minutes of the meeting held on 23^rd June 2022 were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from Councillor Tindall, substituting was Councillor Townsend. Councillor Peters substituted on behalf of Councillor Wyatt-Lowe and apologies received from Councillor Maddern and 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 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 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.

The items were heard in the following order:

5a,

5b,

5d,

5f,

5g,

5c,

5e,

5h,

5i,

21/03549/MFA  Demolition of existing building and construction of new building to accommodate 28 residential units.

1A Frogmore Road Industrial Estate, Frogmore Road, Hemel

Hempstead, Hertfordshire, HP3 9RW

Councillor Peter declared an interest in item 5a as it was called in by himself as he is the Ward Councillor for that area. He confirmed he was coming with an open mind to the application.

The Case Officer, Colin Lecart introduced the report to Members and said that the application had been referred to the Committee as the application was called in by the Ward Councillor.

It was proposed by Councillor Beauchamp and seconded by Councillor Hobson to delegate with a view to approval.

Vote:

For:      7         Against: 2                    Abstained: 2

Resolved: That planning permission be DELEGATED with a view to APPROVAL.

RECOMMENDATION

That planning permission be DELEGATED with a view to APPROVAL subject to an appropriate assessment in accordance with article 6(3) of the Habitats Directive and inter alia, securing a mitigation package to avoid any further significant effects on the Chiltern Beechwoods Special Area of Conservation (SAC) through financial contributions secured by legal agreement.

32.2 In addition to this, the recommendation is that planning permission be DELEGATED with a view to APPROVAL subject to Section 106 negotiations and the relevant agreement being signed for financial contributions for Canal Towpath maintenance, upgrade works to Durrants Hill Road Park, and offsite affordable housing provision, as well as satisfactory drainage comments being received with any associated conditions tied to this.

Conditions and Reasons:

 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.

            1399-SAP-V1-XX-DR-A-30002-S0-02

            1399-SAP-V1-00-DR-A-10110-S0-06

            1399-SAP-V1-01-DR-A-10111-S0-04

            1399-SAP-V1-02-DR-A-10112-S0-03

            1399-SAP-V1-03-DR-A-10113-S0-03

            1399-SAP-V1-04-DR-A-10114-S0-02

            1399-SAP-V1-05-DR-A-10115-S0-01

            1399-SAP-V1-XX-DR-A-30001-S0-05

            1399-SAP-V1-XX-DR-A-30310-S0-05

            1399-SAP-V1-XX-DR-A-30311-S0-06

            1399-SAP-V1-XX-00-DR-A-10101-S0-07

            1399-SAP-V1-XX-DR-A-20210-S0-02

            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.

            These details shall include external brickwork, mortar colour and detail, window details finishes and setbacks, roof materials, rain water goods and metalwork (balcony railings).

            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 construction of the superstructure shall take place until full details of both hard and soft landscape works has been submitted to and approved  ...  view the full minutes text for item 4a

21/01720/FUL  Change of use of agricultural land to dog walking paddock with theuse of West Leith Farm existing car parking for customer/ visitorparking.

West Leith Farm, West Leith, Tring, HP23 6JR

Councillor Townsend declared an interest in item 5b, as he has registered to speak against the application and took no part in voting.

The Case Officer, Nigel Gibbs introduced the report to Members and said that the application had been referred to the Committee due to contrary views of Tring Town Council.

Ward Councillor Townsend, Tring Town Councillor Brian Patterson and Resident Mark Johnson spoke in objection to the application.

It was proposed by Councillor Peter and seconded by Councillor Hobson to delegate with a view to approval, as per officer recommendations.

Vote:

For:       7        Against:           1          Abstained: 2

Resolved: That planning permission be DELEGATED with a view to APPROVAL.

Recommendation

That planning permission be DELEGATED with a view to APPROVAL subject to consultation with Natural England.

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 use of the land hereby permitted shall only be for the walking of dogs and not for training or dog classes and shall be discontinued on or before 15 months from the date of this decision and this permission is only to be operated by the occupiers of West Leith Farm.

            Reason:  In the interests of the residential amenity of the locality and the Chilterns AONB in accordance with Policies CS5, CS12, CS24 and CS32 of Dacorum Core Strategy (2013) , saved Policy 97 of Dacorum Borough Local Plan (2004), the Chilterns Conservation Management Plan 2019 to 2024 and Part 15 of the National Planning Policy Framework.

 3.        There shall be a maximum of 3 dogs and one owner for each booking for use of the whole of the application site at any time and there shall be no more than 7 vehicle movements to and from the site in any one day by visitors when the application site is being used for the development hereby permitted.

            Reason:  In the interests of the residential amenity of the locality and the Chilterns AONB in accordance with Policies CS5, CS12, CS24 and CS32 of Dacorum Core Strategy (2013) , saved Policy 97 of Dacorum Borough Local Plan (2004), the Chilterns Conservation Management Plan 2019 to 2024 and Part 15 of the National Planning Policy Framework.

            INFORMATIVE : During the temporary use it will be essential that the Applicant records each days level of use for both the number of dogs and vehicular movements.

4.     ‘Notwithstanding the submitted details, the use hereby permitted shall only be between 10.00 and 15.00 hours Mondays to Fridays each week and therefore not during Saturdays  ...  view the full minutes text for item 4b

21/04605/RET  Change of use of basement from restaurant to hot food take-away(Cloud kitchen concept).

Basement At 65 High Street, Hemel Hempstead, Hertfordshire, HP1 3AF

Councillor Beauchamp declared an interest in item 5c, and took no part in the voting as he has had conversations with the agent and called the application in.

The Case Officer, Nigel Gibbs introduced the report to Members and said that the application had been referred to the Committee as it was called in by Councillor Beauchamp.

It was proposed by Councillor Williams and seconded by Councillor Hobson to Grant the application.

Vote:

For:  4            Against:           5          Abstained: 1

Having there been no majority to grant the application It was proposed by Councillor Hollinghurst and seconded by Councillor Peter to overturn the officer’s recommendation and defer the application.

Vote:

For:  7            Against:           1          Abstained: 2

Councillors collectively agreed to defer the application to seek clarification and gain more information on Environmental Health and Licensing Controls and Use Class of a ‘cloud kitchen’, as well as the possibility of changing the opening times.

Resolved: That planning permission be DEFFERED to gain more information on Environmental Health and Licensing controls and the Use Class of a ‘cloud kitchen’, as well as the possibility of changing the opening times.

22/01214/FUL  Replacement dwelling

2 Bulbourne Close, Berkhamsted, Hertfordshire, HP4 3QA

Councillor Steven Garrick declared an interest in item 5d as he has registered to speak in objection to this application so will take no part in voting.

The Case Officer, Sally Robins introduced the report to Members and said that the application had been referred to the Committee due to contrary view of Berkhamsted Town Council.

Berkhamsted Town Councillor Garrick Stevens spoke in objection to the application.

Chris Hill and Vicky Augustine  spoke in support of the application.

It was proposed by Councillor Douris and seconded by Councillor Durrant to move officer’s recommendation and grant the application.

Vote:

For:     9          Against:            0         Abstained: 1

Resolved: That planning permission be GRANTED.

RECOMMENDATION

That planning permission be 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.

            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).

 3.        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:

            a) all external hard surfaces within the site

            b) other surfacing materials

            c) means of enclosure

            d) waste and refuse storage facilities

            e) 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:  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.        Prior to occupation of the development hereby approved, full details of the layout and siting of Electric Vehicle Charging Points and any associated infrastructure shall be submitted to and approved in writing by the local planning authority. The development  ...  view the full minutes text for item 6.

22/01245/MFA  Demolition of Existing Kennels and the Construction of Two

Dwellings with New Access. Retention of Existing Staff Accommodation and its Use as a Market Dwelling (Amended Scheme)

Hazel Corner Dog Hotel, Windmill Road, Markyate

Councillor Douris declared a personal interest in item 5e. He came to the meeting with and open mind.

Briony Curtain introduced the report to Members on behalf of the Case Officer, Robert Freeman, and said that the application had been referred to the Committee due to the contrary recommendation of the Parish Council.

It was proposed by Councillor Beauchamp and seconded by Councillor Peter to delegate with a view to approval.

Vote:

For:  10                       Against: 0                    Abstained: 1

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL.

 RECOMMENDATION.

That planning permission be DELEGATED with a view to APPROVAL subject to appropriate assessment in accordance with article 6(3) of the Habitats Directive and securing a mitigation package to avoid any further significant effects on the Chilterns Beechwood Special Area of Conservation (CBSAC) through financial contributions secured by legal agreement and to the conditions below:

Conditions:

 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:

473-198- A (Location Plan)

473-300-C (Proposed Block Plan)

473-301-A (Proposed Layout)

473-302-C (Plot A)

473-303-D (Plot B)

473-304-B (Street Scene)

3912 SK01 (Swept Paths)

3912 SK02 (Swept Paths)

P0659/13/G (Staff Accommodation)

201040-P-10 (Tree Survey)

201040-PD-10 (Tree Schedule)

1674 SK01 dated 06/05/2021 (Visibility Splay)

Planning Statement by DLA Town Planning dated April 2022 reference 22/192

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

3.         No development of the superstructure shall commence until samples of the materials to be used on the external surfaces have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

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 dwellings, hereby approved shall not be occupied until details of hard and soft landscaping shall have been submitted to and approved in writing by the local planning authority. These details shall include:

- all external hard surfaces within the site,

- all means of enclosure to the site

- soft landscaping works including a planting scheme with the number, size, species and position of trees, plants and shrubs and

- minor artefacts and structures.

All planting shall be completed within one planting season of the completing of development.

Any tree or shrub which forms part of the approved  ...  view the full minutes text for item 7.

22/01208/FHA  Double side extension with internal remodelling

15 Cedar Road, Berkhamsted, Hertfordshire, HP4 2LA

Councillor Stevens declared an interest in item 5f as he was speaking in objection to the application. He was also going to read out resident Joel Stern’s prepared statement, so took no part in the discussion and voting.

The Case Officer, Sally Robbins introduced the report to Members and said that the application had been referred to the Committee due to contrary view of Berkhamsted Town Council. The Case Officer confirmed that the proposed development was not CIL liable.

Ward Councillor Garrick Stevens spoke in objection to the application. Councillor Stevens also read a statement in objection on behalf of resident Joel Stern as he was unable to attend.

Grahame Elton spoke in support of the application.

It was proposed by Councillor Townsend and seconded by Councillor Hobson to grant the application.

Vote:

For:      8         Against: 1                    Abstained: 1

Resolved: That planning permission be GRANTED.

RECOMMENDATION

That planning permission be 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 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).

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

            PP-001 LOCATION PLAN

            PP-002 SITE PLAN

            PP-005 PROPOSED GROUND FLOOR GA PLAN

            PP-006 PROPOSED 1ST FLOOR PLAN (received 10 June 2022)

            PP-009 PROPOSED ELEVATIONS (received 10 June 2022)

            PP-011 PROPOSED LOFT PLAN

            PP-023 PROPOSED BLOCK PLAN (received 10 June 2022)

            PP-024 PROPOSED HARD STANDING

            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 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.

22/00991/FHA  Two storey side/rear extension and single storey rear extension

(amended scheme)

24 Finch Road, Berkhamsted, Hertfordshire, HP4 3LH

Councillor Stevens declared an interest in item 5g, and spoke in objection to the application. He took no part in the discussion or voting.

The Case Officer, Briony Curtain introduced the report to Members and said that the application had been referred to the Committee due to contrary views of Town Council.

Town Councillor Garrick Stevens spoke in objection to the application.

Chris Hlaing spoke in support of the application.

It was proposed by Councillor Williams and seconded by Councillor Peter to grant the application.

Vote:

For:      9         Against: 0                    Abstained: 1

Resolved: That planning permission be GRANTED.

RECOMMENDATION

That planning permission be GRANTED subject to the following 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:

            3068.02.11

            3068.05.06

            3068.04.12

            Design and Access Statement

            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 and 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).

 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.

22/01353/FHA  Single Storey Side and Rear Extensions, Hip to Gable Roof

Extension and Associated Works

9 Parkfield, Markyate

Briony Curtain introduced the report to Members on behalf of the Case Officer, Robert Freeman, and said that the application had been referred to the Committee due to the contrary recommendation of the Parish Council.

It was proposed by Councillor Douris and seconded by Councillor Beauchamp to Move officer’s recommendations and grant the application.

Vote:

For:     9          Against:   0                  Abstained: 2

Resolved: That planning permission beGRANTED.

RECOMMENDATION.

That planning permission be GRANTED subject to the following conditions:

Conditions:

 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 and 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:

SC/2005923 02

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

INFORMATIVE

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.

22/01856/LBC  Advertising Board and hanging sign

97 High Street Hemel Hempstead Hertfordshire HP1 3AH

Councillor Hobson declared a personal interest in the item and took no part in voting.

The Case Officer, Sally Robbins introduced the report to Members and said that the application had been referred to the Committee as the applicant is a DBC Councillor.

It was proposed by Councillor Peter and seconded by Councillor Williams to grant the application.

Vote:

For:     9          Against:           0          Abstained: 1

Resolved: That planning permission be GRANTED.

RECOMMENDATION

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

            LOCATION PLAN

            01 PLANS AND ELEVATIONS

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

Informatives:

 1.        Listed building consent 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 Appeals Update for the period 18 April 2022 to 01 July 2022 was presented by Philip Stanley. Philip Stanley highlighted that the team had had a 100% dismissed appeal record in the period and that this had improved the appeals performance across 2022.

Councillor Hobson drew attention to decision at No.40 Valleyside, where the Inspector concluded street scene concerns, as well as parking.

The appeals were noted.

It was proposed by Councillor Beauchamp and seconded by Councillor Peter to note the appeals.

Vote:

For:     11        Against:           0          Abstained: 0