Agenda and minutes

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

The minutes of the previous meeting had not been published as of yet. It was confirmed by P Stanley that this had not been done due to annual leave over the Easter holiday, and will be actioned as soon as possible.

To receive any apologies for absence

Apologies received from the Councillor Hobson, Councillor Foster is substituting on her behalf.

Apologies received from Councillor 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. The items were herd in the following order.

5a.

5b,

Councillor Wyatt-Lowe left after item 5b; the Chair sent her best wishes.

5d,

5e,

5c,

5f

The Case Officer, Andrew Parish introduced the report to Members and said that the application had been referred to the Committee as under s.2.3.2 (1) of Part 3 of the Council’s Constitution as the recommendation would have the effect of granting permission for matters previously refused by the Development Management Committee.

The Case Officer, as part of his introduction of the report, stated that there were changes to Conditions 18 and 19 in light of further comments from the Council’s ECP team, making them compliance conditions.

It was proposed by Councillor Williams and seconded by Councillor Tindall to APPROVE the application in line with Officers recommendations, including the added condition set out in the addendum.

Cllr Douris requested that all parties investigate improvements to the access into and egress out of the site, noting the clear desire of the Development Management Committee Members for some kind of signalised junction. This was voted on and forms an additional bullet point to the decision.

Vote:

For:      7          Against: 0                    Abstained: 4

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

RECOMMENDATION

That the decision be delegated to the Group Manager Development Management with a view to approval subject to the completion of an s106 agreement to secure the following:

·         Provision of at least 35% Affordable Housing

·         Financial contribution to DBC of £49,254(index-linked) in respect of the Maylands Environmental Improvement Strategy

·         Financial contribution of £50,000 to DBC to upgrade the existing LEAP at Datchworth Turn / Marchmont Pond to a NEAP

·         Financial contribution of £73,588 to DBC to mitigate the net biodiversity loss from the site

·         To enter into a s278 agreement with the Highway Authority to secure:

o   Upgrading of the segregated foot/cycle path adjacent to the northern border which runs to The Flags residential area to full LTN 1/20 standard;

o   Upgrading of the foot/cycle path from The Flags/ New Park Drive junction to Leverstock Green Road;

o   Upgrading of the existing uncontrolled crossing of Maylands Avenue 20m north of the Development access road to a signalised 'toucan crossing'; and

o   Off-site street tree planting along the outer verges of the A414 / A4147 roundabout as shown on plan

·         Provision of a Framework Travel Plan for the entire site

·         Travel Plan Evaluation and Support Fee of £1,200 per annum (overall sum of £6000, index-linked RPI March 2014) to HCC

·         A contribution of £913.88 per dwelling is secured towards Strategic Access Management and Monitoring of the Chilterns Beechwoods SAC

·         A mitigation strategy or financial contribution as necessary towards Suitable Alternative Natural Greenspace as an alternative to use of the Chilterns Beechwoods SAC.

·         All parties investigate improvements to the access into and egress out of the site, noting the clear desire of the Development Management Committee Members for some kind of signalised junction.

Subject to any minor changes to the wording of conditions as necessary, and its referral to the Secretary of State as a Departure from the Development Plan.

Conditions and Reasons:

 1.        The development hereby permitted shall  ...  view the full minutes text for item 5a

Cllr Douris declared that he is the County Councillor for that area. He confirmed that he had visited the site today for the first time but has had no conversation regarding this item.

The legal advisor Adelle Stapleton confirmed that Cllr Douris could take part in the discussion and 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 Markyate Parish Council.

The Case Officer stated, as part of his introduction to the report that a further condition preventing the horizontal subdivision of Unit was recommended, in the interest of protecting the residential amenity of neighbouring properties.

Ward Councillor Jane Timmis, Markyate Parish Councillor Selma Hakki and resident

Rachel Krauka spoke in objection to the application.

Charles Dunn spoke in support of the application.

There was no proposer or seconder to DELEGATE WITH A VIEW TO APPRIVAL in

line with officer’s recommendations so the Officer recommendation fell.

It was proposed by Councillor Williams and seconded by Councillor Douris to overturn the officer’s recommendation and REFUSE the application.

Vote:

For:  10                        Against:           0          Abstained:  1

Resolved: That planning permission be REFUSED for the following reasons:

1)    By virtue of the absence of pedestrian and/or vehicular visibility splays when exiting the site, particularly when turning right, the development would result in an unacceptable risk to highway safety, contrary to Policy CS12(a) of the Dacorum Borough Core Strategy (September 2013) and paragraphs 110 and 111 of the National Planning Policy Framework.

2)    By virtue of the scale, form and level changes of proposed Units 1-3, the proposed development would cause less than substantial harm to the Markyate conservation area, including the relationship with No.9 Albert Street (a Grade II Listed Building), which is not outweighed by the public benefits of the development. As such the development fails to comply with CS27 of the Dacorum Borough Core Strategy (September 2013) and paragraph 202 of the National Planning Policy Framework.

3)    The private amenity space proposed for the proposed houses and flats fails to meet the requirements of Saved Appendix 3 of the Dacorum Borough Local Plan (1991-2011), both in terms of the scale and functionality of the private amenity space to be provided and also in terms of its compatibility with surrounding areas. The failure to provide adequate private amenity space in accordance with Saved Appendix 3 demonstrates the overdevelopment of the plot under the current proposals. The development is therefore also contrary to Policy CS12(g) of the Dacorum Borough Core Strategy (September 2013).

The Case Officer, Robert Freeman introduced the report to Members and said that the application had been referred to the Committee due to contrary views of Tring Town Council. He informed the committee of the additional representation and the amended condition which was in the addendum.

It was proposed by Councillor Beauchamp and seconded by Councillor Riddick to DELEGATE WITH A VIEW TO APPROVAL.

Vote:

For:        4        Against:           1          Abstained: 5

Resolved: That planning permission be DELEGATED with a VIEW TO APPROVAL subject to the conditions below and the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (As Amended)

That the legal agreement secures the following Heads of Terms

-       The restriction on occupation and use of the site for purposes falling within Class C2 (Residential Care Home)

-       Restricted use of the car parking area for staff and visitors.

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:

Plans

3135-HIA-ZZ-XX-DR-A-100 (Location Plan)

PL02 Revision E (Proposed Site Plan)

PL03 Revision B (Proposed Ground Floor Plan)

PL04 Revision C (Proposed First floor Plan)

PL05 Revision B (Second Floor Plan)

PL06 Revision D (Proposed Roof Plan)

PL07 Revision E (Proposed Elevations)

PL08 Revision E (Proposed Elevations)

PL09 Revision E (Sectional Details)

PL11 Revision C (Boundary Treatment Plan)

21007-50-01 Revision P5 (Below Ground Drainage Strategy)

21007-50-03 Revision P1 (Flood Routing Plan)

22224-01 Revision B (Visibility Splays)

22224-05 (Refuse Tracking Movements)

Documents

Arboricultural Impact Assessment by Advanced Arboricuture dated 16^th September 2022

Drainage Strategy and Flood Risk Assessment Revision A (July 2022)

Below Ground Drainage Strategy prepared by Baker Hall Ltd reference 21007-50-01 Rev P5, dated 23 January 2023.

Ground Investigation Report by Applied Geology (October 2021)

Preliminary Ecological Appraisal Revision A by Griffin Ecology Ltd (April 2022)

Transport Assessment by David Tucker Associates (December 2021)

Transport Assessment Update by David Tucker Associates (October 2022)

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

3.         No construction of the superstructure of the development shall take place until samples of the materials to be used in the construction of the development 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.         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 5c

Cllr Douris declared that he is the Ward Councillor for Ashridge, He confirmed that he is coming to the meeting with an open mind and has confirmed that he has taken no part in any discussion regarding this application.

The Case Officer, Sally Robbins introduced the report to Members and said that the application had been referred to the Committee due to the contrary views of the Parish Council.

Little Gaddesden Parish Councillor Jim Townsend spoke in objection to the application.

It was proposed by Councillor Stevens and seconded by Councillor Durrant to GRANT the application.

Vote:

For:        8        Against:            0         Abstained: 2

Resolved: That planning permission be GRANTED.

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 (other than groundworks) 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 hard and soft landscape works, including 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 Policies CS12 (e) and CS24 of the Dacorum Borough Council Core Strategy (2013).

 3.        No work (including site clearance) in relation to the development hereby approved shall be undertaken until full details setting out how retained trees shall be protected, in accordance with BS5837:2012 (Trees in relation to design, demolition and construction), have been submitted to and approved in writing by the Local Planning Authority. Details shall include:

            o          A scaled Tree Protection Plan showing the approved development layout and retained trees (surveyed in accordance with BS5837:2012), to include their accurate crown spreads and root protection areas (RPAs)

            o          The sequential order of events required for tree protection

            o          The position and specification of tree protection fencing in accordance with BS5837:2012 (as applicable)

            o          The position and specification of ground protection in accordance with BS5837:2012 (as applicable)

            o          Details of hard surfacing constructed using no-dig techniques where proposed over the RPA of retained  ...  view the full minutes text for item 5d

Cllr Douris declared that this application is in his area. He is happy to take part and confirmed that he has had no discussion regarding this application.

The Case Officer, Robert Freeman introduced the report to Members and said that the application had been referred to the Committee due to the contrary recommendations of the Parish Council.

Great Gaddesden Parish Councillor Louise Wilson and Resident Malcom Livesey and Mark Griffin spoke in objection to the application.

David and Alex Robins spoke in support of the application.

It was proposed by Councillor Durrant and seconded by Councillor Riddick to DELEGATE WITH A VIEW TO APPROVAL.

Vote:

For:       6         Against:           0          Abstained: 4

Resolved: That planning permission beDELEGATED WITH A VIEW TO APPROVAL.

That planning permission be DELEGATED with a VIEW TO APPROVAL subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 (As Amended) and the conditions below:

10.2       That the following Heads of Terms are included within the legal agreement

-       The restriction of occupancy to the Robins family and a carer

-       A contribution of £913.88 is secured towards Strategic Access Management and Monitoring of the Chilterns Beechwoods SAC

-       A contribution of £4,251.71 is secured towards Suitable Alternative Natural Greenspace as an alternative to use of the Chilterns Beechwoods SAC

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:

EB/WL-01 (Location and Block Plan)

EB/WL-02 (Proposed Ground Floor Plan)

EB/WL-03 (Proposed First Floor Plan and Carers Annex)

EB/WL-04 (Proposed Elevations)

EB/WL-05 (Internal Room Floor Areas)

Design and Access Statement

Sustainability Checklist

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

3.         No development shall commence until details of the finished slab level, eaves and ridge heights to the proposed building have been provided in relation to existing site levels and those of neighbouring development.

            Reason: To ensure that the dwelling has an appropriate relationship with neighbouring properties in accordance with Policies CS11 and CS12 of the Core Strategy.

4.         No development above slab level shall commence until samples of the materials to be used on the external surfaces of the development 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).

5.         No development above slab level shall commence until full details of hard and soft landscaping shall have been  ...  view the full minutes text for item 5e

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 member of staff.

It was proposed by Councillor Durrant and seconded by Councillor Douris to GRANT the application.

Vote:

For:      8          Against:           0          Abstained: 2

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, 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).

 3.        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 AA, Class B, Class E of Part 1, Schedule 2

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

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

            01 Rev K (Location and Block Plan)

            02 Rev L (SE and S Elevations)

            03 Rev N (W and N Elevations)

            04 Rev M (NW and NE Elevations)

            08 Rev J (Proposed Lower Ground)

            09 Rev M (Proposed Ground Floor)

            10 Rev K (Proposed Roof)

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

Informatives:

 1.        Working Hours Informative: Contractors and sub-contractors must have regard to BS 5228-2:2009 "Code of Practice for Noise Control on Construction and Open Sites" and the Control of Pollution Act 1974.

            As a guideline, the following hours for noisy works and/or deliveries should be observed: Monday to Friday, 7.30am to  ...  view the full minutes text for item 5f

Kyle Dalton presented the report informing Members of the planning enforcement formal action status for April 2023. Kyle Dalton highlighted some enforcement cases that had been closed due to compliance with their Enforcement Notices, detailed the new Enforcement Notices served and provided an update on the 2023 priorities for the team.

Cllr Riddick asked about the new case adjacent to Threefields, Sheethanger Lane and Kyle Dalton detailed the steps taken so far and the potential future steps.