Agenda and minutes

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

The minutes of the meeting held on 16 November 2023. Were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from the Councillor Hobson, Councillor Durrant and Councillor Mottershead.  Councillor Elliott substituted for Councillor Durrant and Councillor Stewart substituted for Councillor Mottershead and Councillor Weston substituted for Councillor Hobson.

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 Mitchell declared a personal interest in the item as she was speaking in objection to the application; she confirmed that she would not take part in the discussion or voting.

Cllr Maddern declared that she knows an objector. She was approached approximately 2 years ago by the objector and explained that she didn’t want to discuss the item as she sat on the committee and wanted to come with an open mind.

Cllr Guest also declared that the application is in her area and residents have approached her in regards to then item. She declared that she had not spoken to anyone, nor has she given her opinion so she will come and join the committee with an open mind.

The Case Officer, Martin Stickley introduced the report to Members and said that the application had been referred to the Committee due to it being a significant major with proposed legal agreement

Residents Mike Ridley and Paul Harris, Councillor Mitchell and Councillor Pound spoke in objection to the application.

Planning Agent Steve Brown and Planning Highways Michael Kitching spoke in support of the application.

It was proposed by Councillor Guest and seconded by Councillor Weston to REFUSE the application in line with Officers Recommendations.

Vote:

For:        11      Against: 0                    Abstained: 2

Resolved: That planning permission be REFUSED.

RECOMMENDATION

The proposal is recommended for refusal for the reasons listed below.

Reason(s) for Refusal: 

1.    The proposed development would constitute inappropriate development and would result in spatial and visual harm to the openness of the Green Belt. In addition, the proposals would lead to a conflict with one of the five purposes of including land in the Green Belt i.e. to assist in safeguarding the countryside from encroachment. The benefits of the scheme taken together do not clearly outweigh the harm and other harm identified. Very special circumstances have not been demonstrated to justify the proposed inappropriate development in the Green Belt. The proposals are therefore contrary to the Policy CS5 of the Dacorum Borough Core Strategy (2013) and paragraphs 137, 138, 147, 148, 149 and 150 of the National Planning Policy Framework (2023).

2.    The application does not provide Suitable Alterative Natural Greenspace (SANG). Consequently, there is a lack of certainty that the proposed mitigation would be secured in perpetuity to mitigate the recreational impacts on the Chilterns Beechwoods Special Area of Conservation (CBSAC). Therefore, the council cannot rule out that the proposal alone or in combination with other plan and projects would not result in likely significant effects to the CBSAC that would adversely affect its integrity. As such, the proposal fails to comply with saved Policies 102 and 103 of the Dacorum Borough Local Plan (2004), Policies CS26 and CS29 of the Dacorum Borough Core Strategy (2013) and paragraphs 174, 176 and 180 of the National Planning Policy Framework (2023).

3.    There are a number of heritage assets within close proximity to the site, namely Gadebridge Roman Villa SAM, numerous listed buildings and the Piccotts End Conservation  ...  view the full minutes text for item 5a

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 Alan Anderson, as well as the recommendation being contrary views of Kings Langley Parish Council’s objections (before noting details of 18.07.2023)

Councillor Allan Anderson spoke in objection to the application.

Peter Massingham spoke in support of the application.

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

Vote:

For:      11        Against:           1          Abstained: 2

Resolved: That planning permission be GRANTED.

RECOMMENDATION

That planning permission be GRANTED subject to 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.        No development above slab level shall take place until details of the samples of materials 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.

            Reason:  To ensure that the development is compatible with its heritage setting in accordance with Policy CS27 of the Dacorum Borough Core Strategy (2013), Policy 120 of the saved Dacorum Borough Local Plan (2004) and Kings Langley Neighbourhood Plan (2023).

INFORMATIVE:Materials should be kept on site and arrangements made for inspection

 3.        No development above slab level shall take place until details of proposed sustainability measures within the development shall be submitted to and agreed in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

            Reason:To ensure the sustainable development of the site in accordance with the aims of Policies CS28 and CS29 of the Dacorum Borough Core Strategy (2013), the Sustainable Development Advice Note (2016), Kings Langley Neighbourhood Plan (2023) and Paragraphs 154 and 157 of the National Planning Policy Framework (2023).

 4.        Prior to the commencement of development hereby approved, an Arboricultural Method Statement and Tree Protection Plan prepared in accordance with BS5837:2012 (Trees in relation to design, demolition and construction) setting out how trees shown for retention shall be protected during the construction process, shall be submitted to and approved by the Local Planning Authority.  No equipment, machinery or materials for the development shall be taken onto the site until these details have been approved.  The works must then be carried out according to the approved details and thereafter retained until competition of the development.

            Reason: In order to ensure that damage does not occur to trees and hedges during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 174 of the National Planning Policy Framework (2023).

 5.        Notwithstanding the provisions of the Town and Country Planning  ...  view the full minutes text for item 5b