Agenda and minutes

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

The minutes of the meeting held on 16 March and 13 April 2023. Were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Councillor Maddern gave her apologies.

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 Stevens 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 Stevens 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.

Councillor Riddick asked if Member Support could send the speakers list to the committee and not just the Chair, Vice Chair and Planning.

The Case Officer, Phillip Stanley introduced the report to Members on behalf of Joan Reidand said that the application had been referred to the Committee due to an objection from the Parish Council.

P Stanley informed the committee of a typo on Paragraph 9.7 of the DMC report. This was highlighted in the addendum. It should read that there is 20sq.cm difference between the proposed and the existing and not 20sq.m as stated.

Mr John Collins and Markyate Parish Councillor, Sheila Pilkinton spoke in objection to the application.

David Lomas spoke in support of the application.

It was proposed by Councillor Riddick to move Officer’s recommendation to DELEGATED with a view to APPROVAL, and was seconded by Councillor Guest.

Vote:

For:       11     Against:          0         Abstained: 1

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

RECOMMENDATION

That the application 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 (SAC) through financial contributions secured by legal agreement.

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:

            21.058 2A

21 058 1A

K0422-E-S1

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

 3.        The parking space shown on the approved plan shall be in place prior to the first occupation of the dwelling and kept available at all times for the parking of motor vehicles by the occupants of the dwellings and their visitors and for no other purpose thereafter.

            Reason:  In accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Section 9 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 development falling within the following classes of the Order shall be carried out without the prior written approval of the Local Planning Authority:

            A, B, C, 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 and the protection of the neighbouring properties amenities in accordance with Policies CS5 and CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 149 and 150 of the National Planning Policy Framework (2021).

 5.        No development (excluding demolition/ground investigations) shall take place until details of the materials, including the joinery, to be used in the construction of the development hereby permitted have been submitted and approved in  ...  view the full minutes text for item 5a

The Case Officer, Jane Miller, introduced the report to Members and said that the application had been referred to the Committee due to an objection from the Albury Parish Council.

It was proposed by Councillor Guest and seconded by Councillor Patterson to GRANT the application.

Vote:

For:      11        Against: 0                    Abstained: 1

Resolved: That planning permission be GRANTED.

That planning permission is granted subject to 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 constructed in accordance with the materials specified on the application form and approved documents/plans

            Reason:  To preserve or enhance the character and appearance of the designated heritage asset area in accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990 and Policies CS11, CS12 and  CS27 of the Dacorum Borough Core Strategy (2013).

 3.        No development (excluding demolition) shall take place until full details of the windows hereby approved, including details of position within the reveal, opening and glazing, have been submitted to 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 preserve or enhance the character and appearance of the designated heritage asset and safeguard the visual character of the area in accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990 and Policies CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

 4.        No development (excluding demolition) shall take place until details of the new entrance door hereby permitted have been submitted to 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 preserve or enhance the character and appearance of the designated heritage asset and safeguard the visual character of the area in accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990 and Policies CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

 5.        No development (excluding demolition) shall take place until details of the materials to be used for the side return elevation and roof hereby permitted have been submitted  to 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 preserve or enhance the character  ...  view the full minutes text for item 5b

P Stanley provided the committee with some commentary of the different types of appeal procedures, and their processes and timescales, as well as the Costs procedures for unreasonable behaviour.

P Stanley also introduced the ‘Appeals Update’, drawing the committee’s attention to the colour-coding within the report (that shows how an application was determined). P Stanley highlighted that it was a relatively busy period in terms of appeals being received and that the large majority of appeals allowed related to householder planning applications.

Cllr Riddick raised points regarding repeat planning applications and specific enforcement matters within his ward. P Stanley explained that the Planning Department could refuse to accept a repeat application, though we also need to be mindful of whether the scheme or its context has changed that means it would have to be re-considered. The Chair confirmed that this meeting would not consider the Enforcement questions raised.

The report was noted by Members.