Agenda and minutes

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

The minutes of the meeting held on 10^th August 2023, were deferred to the next meeting.

To receive any apologies for absence

Apologies received from the Councillor Mottershead, Riddick and Councillor Silwal.

Councillor A Williams substituted for Councillor Riddick and Councillor Barradell substituted for Silwal.

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.

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,

5c

5d

5a

5b.

5a.

23/00672/FUL Construction of a new dwelling and detached double garage with crossover.

1 Fox Close Wigginton Tring Hertfordshire HP23 6ED

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

It was proposed by Councillor Guest and seconded by Councillor Wyatt-Lowe to move the Officers recommendation and DELEGATED with a view to APPROVAL.

Vote:

For:       12       Against: 0                    Abstained: 1

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

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 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.        Prior to the first occupation of the development hereby permitted a visibility splay measuring 2.4 x 43metres shall be provided to each side of the access where it meets the highway and such splays shall thereafter be retained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

            Reason: To ensure that the level of visibility for pedestrians, cyclists and vehicles is satisfactory in the interests of highway safety in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018).

 3.        Prior to the first occupation of the development hereby permitted the vehicular access shall be completed and thereafter retained as shown on drawing number 3158 /3/3 in accordance with details/specifications to be submitted to and approved in writing by the highway authority. Prior to use appropriate arrangements shall be made for surface water to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

            Reason: To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway in accordance with Policy 5 of Hertfordshire's Local Transport Plan (Adopted 2018).

 4.        The mature Oak tree adjacent to the new vehicular access hereby approved and shown for retention on the approved plan shall be retained and shall not be cut down, uprooted or destroyed, without the written approval of the Local Planning Authority. If this tree subsequently dies, a replacement tree of the same species shall be planted in the same location within the next planting season.

            The  ...  view the full minutes text for item 4a

5b.

23/00828/FUL Construction of a ground floor rear extension and first floor rear extension, conversion of existing property to 4no. flats. Construction of a dormer window at the front elevation and construction of a bow window

51 Belswains Lane, Hemel Hempstead, Hertfordshire, HP3 9PW 

The Chair informed Members that Cllr Birnie was now unable to attend tonight; therefore, the supporting speaker could not invoke the right to speak.

The Case Officer, Heather Edey introduced the report to Members and said that the application had been referred to the Committee as it was call-in by Councillor Birnie –raising concerns on the grounds that the development provides insufficient parking

and would increase traffic, being harmful on highway/pedestrian safety grounds .

It was proposed by Councillor Patterson and seconded by Councillor Maddern to DELEGATED with a view to APPROVAL.

Vote:

For:      9          Against:           3          Abstained: 1

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

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 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.        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;

·         means of enclosure;

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

·         minor artefacts and structures (e.g. refuse and bike storage units, etc.).

            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).

 3.        Should any ground contamination be encountered during the construction of the development hereby approved (including groundworks), works shall be temporarily suspended, unless otherwise agreed in writing by the Local Planning Authority, and a Contamination Remediation Scheme shall be submitted to (as soon  ...  view the full minutes text for item 4b

5c.

23/00960/FHA

One and a half storey rear extension including room in roof space, extension to existing side dormer, re-roof with new tiles, reconstruct attached garage to side and installation of new doors and windows.

29 Langley Hill, Kings Langley, Hertfordshire, WD4 9HA 

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

L Bushby wanted to clarify to Members that there was an error in the document whereby two of the BRE estimates were shown online. The incorrect one showed the same plans but was incorrectly annotated in one section to state a ‘fail, when this was a ‘pass’.

Resident Rosie Finn and Ward Cllr Johnsonspoke in objection to the application.

Luis Nieves spoke in support of the application.

It was proposed by Councillor Guest and seconded by Councillor Durrant GRANT the application in line with officers recommendations.

Vote:

For:  11                        Against: 0                    Abstained: 2

Resolved: That planning permission be GRANTED.

That planning permission be GRANTED subject to the conditions below

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:

            2230/02-1F

            2230/02-4A

            2230/02-2G

            2230/02-3A

            2230/01-0

            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/documents.

            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 window(s) at first floor level in the western elevation of the dormer extensions hereby permitted shall be permanently fitted with obscured glass (of no less than level 3 pilkinton) and non-opening below a height of 1.7m from the floor of the room the windows serve.

            Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

5d.

23/00610/FHA

First floor front extension and double storey side extension

253 Chambersbury Lane, Hemel Hempstead, Hertfordshire, HP3 8BQ 

Cllr Maddern declared an interest in the item as she is speaking in objection to the Officers recommendations. She confirmed that she would take no part in the discussion or voting.

The Case Officer, Heather Edey introduced the report to Members and said that the application had been referred to the Committee as the applicant is a DBC employee.

Ward Councillor Jan Maddern spoke in objection to Officers recommendations.

Resident Sukhdev Lota and Damien Webb spoke inobjection to Officers recommendations.

Having there been no majority to REFUSE the application in line with Officers recommendations that motion fell.

Members debated the merits of the application, concluding that the lack of uniformity in the existing street scene, meant that the development was in keeping, whilst it would have not impact on neighbours. Furthermore, they considered the proposals were an improvement on the existing single storey front extension. Therefore, the development complied with Core Strategy policies CS11 and CS12.

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

Vote:

For:  11                        Against:           0          Abstained: 1

Resolved: That planning permission be Delegate with a view to approval subject to conditions being agreed by the Chair.

P Stanley gave the Committee an update on appeals,

Cllr Patterson asked about the Former Convent of St Francis De Sales Preparatory School appeal and why the Hearing may not be required. P Stanley stated that he would need to find out the exact reason and then come back to Cllr Patterson directly.