Agenda and draft minutes

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

The minutes of the meeting held on 11 July 2024 were deferred to the next meeting as they were circulated later than usual. This will give Members a chance to read them.

To receive any apologies for absence

Apologies received from, Councillor Hobson, Mitchell and Patterson Councillor Dhyani substituted for Councillor Hobson, Councillor Silwal substituted for Councillor Mitchell and Councillor C Link substituted for Councillor Patterson.

Councillor Guest arrived at 19:33 after item 5a.

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.

5a.

24/00087/FUL

Development of a terrace of three houses with associated access arrangements, following demolition of existing sheds

Rosemary Cottage, 126 High Street, Northchurch, Berkhamsted Hertfordshire, HP4 3QS

Councillor Smith-Wright declared a personal interest as she has connections with the owners at the cottage so she will not be voting or taking part in the discussion.

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 Northchurch Parish Councillor.

Gavin Ress and Parish Councillor Mark Somervail spoke in objection to the application.

Christopher Higginbottom spoke in support of the application.

It was proposed by Councillor Maddern and seconded by Councillor Bristow to DELEGATE with a view to APPROVAL.

Vote:

For:                 Against:                       Abstained:

7                                  2                                  1

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

12. RECOMMENDATION

12.1 That planning permission be DELEGATED with a view to APPROVAL subject to a Section 106 legal agreement securing a mitigation package to avoid any further significant effects on the Chilterns Beechwoods Special Area of Conservation, and the expiry of the Article 13 Notice period in respect of Bellwinch Homes Ltd with no new material planning considerations being raised.

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:

            556 / TP / 001                  Site Location Plan

            556 / TP / 002   Rev. C    Proposed Site Layout Plan

            556 / TP / 003                  Proposed Floor Plans

            556 / TP / 004   Rev. A    Proposed Front Elevation / Section Through Site

            556 / TP / 005   Rev. A    Proposed Rear and Side Elevations

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

 3.        No development above slab level shall take place until details of the materials to be used in the construction of the external surfaces of the dwellings hereby approved has been submitted to 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 and to safeguard the visual character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

            INFORMATIVE:

            Please do not send materials to the Council offices.  Materials should be kept on site and arrangements made with the Planning Officer for inspection.

 4.        No development above slab level 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  ...  view the full minutes text for item 5a

5b.

24/00787/FUL Demolition of existing dwellings and stable/storage buildings and redevelopment with three detached dwellings.

End Oak, Water Lane, Bovingdon, Hemel Hempstead, Hertfordshire HP3 0NA

Councillor Walker declared an interested in the item as he sits on the Parish Planning committee. He confirmed he 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 due to contrary views of the Parish Council.

Trevor Jones and Paul Newton spoke in support of the application.

It was proposed by Councillor Guest and seconded by Councillor Smith-Wright to

REFUSE the application.

Vote:

For:                 Against:                       Abstained:

5                         4                                  2      

Resolved: That planning permission be REFUSED.

RECOMMENDATION

It is recommended that the application be REFUSED.

Reason(s) for Refusal: 

1.         By virtue of their increased scale, height, volume and footprint, the proposed replacement dwellings would cause significant harm to the visual and spatial openness of the Green Belt. This harm would be exacerbated by way of the intensification of the use of the site and by way of the siting of the new dwelling house 3, and it is therefore considered that the proposal would have a greater impact on the openness of the Green Belt than existing development, therein failing to accord with exception g), Paragraph 154 of the NPPF (2023).

            Given that the works fail to accord with any of the other exceptions for appropriate development in the Green Belt and that it is not considered that the arguments in favour of the development are sufficient to constitute the very special circumstances required to justify the development and outweigh its harm on the Green Belt, the works are unacceptable in principle, amounting to inappropriate development in the Green Belt. In light of this, and noting that the works conflict with the purposes of including land within the Green Belt, (by way of encroaching into the countryside), the proposal fails to accord with Policy CS5 of the Core Strategy (2013) and the NPPF (2023).

2.         By reason of its siting, House 3 would detract from the established character of the area, appearing at odds with the local pattern of development. Given that the development would appear incongruous with the established and underlying building pattern, the proposal would detract from the character and appearance of the area, therein failing to accord with Policies CS5, CS11 and CS12 of the Core Strategy (2013) and the NPPF (2023).

3.         The application does not provide sufficient information to satisfy the Council, as the competent authority, that the proposed development will not adversely affect the integrity of the Chilterns Beechwoods Special Area of Conservation. There are no alternative solutions/mitigation or credible imperative reasons of overriding public interest why the proposed development should be permitted. In the absence of such information, and in the absence of an appropriate legal agreement to mitigate such adverse impact, the proposed development is contrary to Policy CS26 of the Dacorum Borough Core Strategy (2013),  ...  view the full minutes text for item 5b

5c.

24/00510/RET Retrospective Planning Application for Double Garage, Walls, Driveway, Access and Engineering Works

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

Item 5c was removed from the agenda as Councillor Hannell withdrew his call-in.

5d.

23/02850/RET Surfacing of pre-existing forest track with approx 150mm depth of recycled crushed concrete, to facilitate woodland management operations.

Development Site, Newlands Wood, Puddephats Lane, Markyate, St Albans, Hertfordshire

The Case Officer, Nigel Gibbs introduced the report to Members and said that the application had been referred to the Committee due to a call-in by Councillor Jane Timmis and the recommendation is contrary to the Parish Council.

Ward Councillor Jane Timmis and Jonathan Humbert spoke in objection to the application.

Julian Miller spoke in support of the application.

It was proposed by Councillor Guest and seconded by Councillor Barry-Mears to GRANT the application.

Vote:

For:                 Against:                       Abstained:

3                         8                                      1

Having there been no majority to GRANT the application It was proposed by Councillor Maddern and seconded by Councillor Bristow to overturn the Officer’s recommendation and REFUSE the application.

Vote:

For:                 Against:                       Abstained:

8                        3                                    1

Resolved: That planning permission be REFUSED.

The forestry track, by virtue of the use of incongruous white hardstanding and being clearly visible from Puddephats Lane, causes significant harm to the character and appearance of this countryside and Chilterns National Landscape location, failing to preserve the rural character of this part of the Borough. This harm is accentuated by the absence of information that the material used is appropriate for the purposes of forestry. As such the development is contrary to Policies CS1, CS7, CS24 and CS25 of the Dacorum Borough Core Strategy (2006-2031), saved Policy 97 of the Dacorum Local Plan (1991 – 2011) and Policy DP2 (e) of the Chilterns Area of Outstanding Natural Beauty Management Plan 2019 – 2024.

The appeals were noted by the committee.