Agenda and minutes
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Contact: Corporate and Democratic Support 01442 228209
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Minutes To confirm the minutes of the previous meeting (these are circulated separately) Minutes: The minutes of the meeting held on 10 August 2023 and 7 September 2023. Were confirmed by the Members present. Hard-copy minutes were signed by the Chair
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Apologies for absence To receive any apologies for absence Minutes: Apologies received from Councillor Maddern, Councillor Stewart substituted for Councillor Bristow. Councillor Taylor will be substituting for Councillor Mottershead and Councillor B Williams will be substituting for C Wyatt-Lowe.
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Declarations of Interest 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 (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. Minutes: Councillor Stevens asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.
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Public Participation 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.
Minutes: 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 were changed to allow for anyone wanting to speak on an application to be heard. The items were heard in the following order.
5 A Cllr Guest arrive at 19:16 C B Cllr Silwal left the meeting at 20:53 D
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Minutes: Cllr Stevens declared an interest in the item, as he is Ward Councillor. He made the decision to step down as Chair and for Cllr Hobson as Vice-Chair to step in.
Cllr Stewart declared an interest in the item as he is speaking in objection to the item. He confirmed that he would not take part in the voting or the discussion.
Cllr Taylor declared an interest in the item as he worked for Network Rail, he is also a Member of Herts County Council and a Member of Berkhamsted Town Council. He confirmed that he was coming to the meeting with an open mind as he has no connection to the planning committee regarding this item and is here as a substitute.
Cllr Guest arrived at 19:16 after the presentation had took place; therefore, she could not take part in the discussion or voting.
The Case Officer, James Gardner, introduced the report to Members and said that the application had been referred to the Committee due to Contrary views of Berkhamsted Town Council.
Town Councillor Robert Stewart and Neil Lawrence spoke in objection to the application.
Nicolas Herbert spoke in support of the application.
It was proposed by Councillor Durrant and seconded by Councillor Silwal to DELEGATED with a view to APPROVAL.
Vote:
For: 2 Against: 3 Abstained: 3
Having there been no majority to grant the application 'It' was proposed by Councillor Patterson and seconded by Councillor 'Tayor' to overturn the officer’s recommendation and REFUSE the application.
Vote:
For: 3 Against: 2 Abstained: 3
Resolved: That planning permission be REFUSED.
Refusal 1 – Highways / Car Parking By virtue of the displacement of informal parking arising from the construction of the new vehicular crossover, in combination with the accesses approved for the development to the north-west (4/00528/19/FUL), and exacerbated by the narrowness of Station Road, the proposed development would have an unacceptable impact on highway safety, contrary to Policy 51 of the Dacorum Local Plan (2004) and paragraph 111 of the NPPF (2023).
Refusal 2 – Overdevelopment The cumulative impact of the proposed development, in combination with the approved development to the north-west (4/00528/19/FUL), would be such that the northern side of Station Road appears cramped, with insufficient space for the development to sit comfortably within the streetscape, contrary to Policy CS11 (a) of the Dacorum Core Strategy (2013) and saved Appendix 3 of the Dacorum Local Plan (2004).
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Minutes: Cllr Patterson declared an interest in the item as he has taken part in the previous planning application and has had discussions on the item. He confirmed it would be best to take no part in the discussion or 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 Tring Town Council.
Town Councillor Nigel Nutkins spoke in objection to the application.
Jill Bell (Agent) spoke in support of the application.
It was proposed by Councillor Guest and seconded by Councillor Silwal to DELEGATED with a view to APPROVAL.
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 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 commencement of the development hereby approved, a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the demolition and construction of the development hereby approved shall be carried out in accordance with the approved details. The Construction Management Plan shall include the following details: - Construction vehicle numbers, type, routing - Access arrangements to the site - Parking and turning areas for site operatives and visitors - Traffic management requirements - Construction and storage compounds (including loading/unloading and turning areas) - Siting and details of wheel washing facilities - Cleaning of site entrances, site tracks and the adjacent public highway - Waste minimisation and recycling/disposing of waste from demolition/construction works, which must not include burning on site - Timing of demolition and construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times - The erection and maintenance of security hoarding - Control of dust/dirt emissions during demolition and construction - Control of noise and/or vibration - Control of overspill of light from security lighting - Where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements - Phasing Plan. Reason: In order to protect highway safety and the amenity of local residents and other users of the public highway and rights of way, in accordance with Saved Appendix 3 of the Dacorum Borough Local Plan (2004), Policies CS8 and CS12 of the Dacorum Borough Core Strategy (2013) ... view the full minutes text for item 5b |
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Minutes: Cllr Stevens declared an interest in the item, as he is Ward Councillor. He made the decision to step down as Chair and for Cllr Hobson as Vice-Chair to step in.
Cllr Stewart declared an interest in the item as he is speaking in objection to the item. He confirmed that he would not take part in the voting or the discussion.
James Gardner presented the report on behalf of Victor Unuigbe and said that the application had been referred to the Committee due to contrary views of Town Council.
Councillor Stevens spoke in objection to the application.
Martin Godden (applicant) spoke in support of the application.
It was proposed by Councillor Guest and seconded by Councillor Durrant to GRANT the application.
Vote:
For: 6 Against: 1 Abstained: 2
Resolved: That planning permission beGRANTED. RECOMMENDATION
That planning permission be 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 carried out in accordance with the following approved plans/documents: 01 PL 02 PL 03 PL 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 development 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:
As a guideline, the following hours for noisy works and/or deliveries should be observed: Monday to Friday, 7.30am to 5:30pm, Saturday, 8am to 1pm, Sunday and bank holidays - no noisy work allowed. Where permission is sought for works to be carried out outside the hours stated, applications in writing must be made with at least seven days’ notice to Environmental and Community Protection Team ecp@dacorum.gov.uk or The Forum, Marlowes, Hemel Hempstead, HP1 1DN. Local residents that may be affected by the work shall also be notified in writing, after approval is received from the LPA or Environmental Health.
Works audible at the site boundary outside these hours may result in the service of a Notice restricting the hours as above. Breach of the notice may result in prosecution and an unlimited fine and/or six months imprisonment.
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Minutes: Sally Robbins presented the report on behalf of Robert Freeman and said that the application had been referred to the Committee due to contrary recommendation of the Parish Council. The Parish Council consider that the bulk and size of the extension would result in a cramped development on the plot.
Ward Councillor Johnson spoke in objection to the application.
Carina De Coninck (applicant) spoke in support of the application.
It was proposed by Councillor Guest and seconded by Councillor Durrant 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 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:
LP01 Location Plan SP02 Existing Site Plan SP01 Proposed Site Plan E100 Existing Plans E101 Existing Elevations P101.5 Proposed Plans P101.15 Proposed Loft P102.5 Proposed Elevations P103 Proposed 3D Views P105 Proposed Roof Plans
Reason: For the avoidance of doubt and in the interests of proper planning.
3. 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)
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.
Contamination Guidance on how to assess and manage the risks from land contamination can be found here
https://www.gov.uk/government/publications/land-contamination-risk-management-lcrm
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Planning Enforcement Quarterly Report Minutes: Kyle Dalton presented a summary of the report, with an explanation that the enforcement team was busy in terms of formal action (both in terms of case resolution and in the serving of Notices). He also went through the 2023 Local Enforcement Plan priorities, and progress against these, were highlighted. Finally, the 2024 priorities were introduced and Members asked to forward suggestions to Kyle Dalton by the end of November.
Cllr Durrant asked about the permitted development rights on the wedding venue in Tring. Cllr Patterson said he had concerns about the woodland weddings which he mentioned before in his last update. Kyle Dalton explained the action taken up to now and that he is in discussions with the Agent to remove certain elements, which are directly stated on the Enforcement Notice, and then to take a view on expediency regarding any outstanding items. The report was noted.
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