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 and 8 August 2024. Were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from Councillor Guest, Cox, Mitchell and Patterson. Councillor Anderson substituted for Councillor Guest and Councillor Douris Substituted for Councillor Wyatt-Lowe.

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

5a.

5b.

5d.

5a.

23/01783/MFA

Phase One: Seven light industrial warehouse units and new open storage use; continued use of open brick storage use for unfettered open storage use (Sui Generis - Builders Merchants Use); new vehicular access from Leyhill Road; associated access roads; service yards; and car parking. Diversion of public footpath; landscaping; fencing and resurfacing

Bovingdon Brickworks Ltd, Leyhill Road, Bovingdon, Hemel Hempstead, Hertfordshire, HP3 0NW

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 ‘large scale major development’ (i.e. the site area is over 2 hectares) and there is a proposed s.106 agreement. It was noted that the Secretary of State had replied to the Section 77 Direction consultation and had decided not to call-in the application.

Councillor Walker declared that he is a Parish Councillor for Bovingdon so he confirmed that he would take no part in the discussion or voting.

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

Vote:

For:                 Against:                       Abstained:

8                         0                                     1

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

RECOMMENDATION

            That planning permission be DELEGATED with a view to APPROVAL subject to the completion of a S106 Agreement securing the highways improvements, travel plan and biodiversity net gain; and subject to the response from the Secretary of State regarding the Section 77 Direction consultation.

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 commencement of the development, long term groundwater monitoring shall be undertaken at a depth of 10m (the deepest borehole installed) to ensure that the seasonally high groundwater will be at least 1m below the base of lowest deep bore soakaway (proposed at a maximum of 4m below ground). The groundwater monitoring should take place for six months starting in October to capture when groundwater levels will be highest.

            The applicant shall conduct additional soakaway testing at the proposed deep borehole soakaway locations. The infiltration rate should be obtained from the third test at each location and used in the detailed design. The results of the testing shall be submitted to the Local Planning Authority for review and approval prior to the commencement of any construction activities.

            The applicant shall implement any necessary modifications to the proposed development design based on the findings of the soakaway testing to ensure effective surface water drainage management and minimise flood risk.

            Reason: To ensure that the site is subject to an acceptable drainage  ...  view the full minutes text for item 5a

5b.

23/01784/MOA

Outline Planning Application - Some Matters Reserved (Phase 2) - For redevelopment of former Class B2: General Industrial Use to Flexible Class E (g) (iii): Light Industrial Use and Class B8: Storage & Distribution Use (Units 8 to 14)

Bovingdon Brickworks Ltd, Leyhill Road, Bovingdon, Hemel Hempstead, Hertfordshire, HP3 0NW

Councillor Walker declared that he is a Parish Councillor for Bovingdon so he confirmed that he would take no part in the discussion or voting.

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 ‘large scale major development’ (i.e. the site area is over 2 hectares) and there is a proposed s.106 agreement. It was noted that the Secretary of State had replied to the Section 77 Direction consultation and had decided not to call-in the application.

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

Vote:

For:                 Against:                       Abstained:

8                          0                                  1

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

RECOMMENDATION

            That planning permission be DELEGATED with a view to APPROVAL subject to the completion of a S106 Agreement securing the highways improvements, travel plan and biodiversity net gain; and subject to the response from the Secretary of State regarding the Section 77 Direction consultation.

Condition(s) and Reason(s):

 1.        Details of the design and appearance of the buildings (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved.  Application for approval of the reserved matters shall be made to the Local Planning Authority not later than 3 years from the date of this permission.

            Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

 2.        The development hereby permitted shall begin no later than 2 years from the date of approval of the last of the reserved matters to be approved.

            Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

 3.        Prior to commencement of the development, long term groundwater monitoring shall be undertaken at a depth of 10m (the deepest borehole installed) to ensure that the seasonally high groundwater will be at least 1m below the base of lowest deep bore soakaway (proposed at a maximum of 4m below ground). The groundwater monitoring should take place for six months starting in October to capture when groundwater levels will be highest.

            The applicant shall conduct additional soakaway testing at the proposed deep borehole soakaway locations. The infiltration rate should be obtained from the third test at each location and used in the detailed design. The results of the testing shall be submitted to the Local Planning Authority for review and approval prior to the commencement of any construction activities.

            The applicant shall implement any necessary modifications to  ...  view the full minutes text for item 5b

5c.

23/01211/FUL

Demolition of frontage buildings and redevelopment of site for 7 dwelling houses

23 Water End Road and Land To Rear Of 21 Water End Road Potten End Berkhamsted Hertfordshire 

Councillor Douris Declared that the applicant is an acquaintance, he confirmed that he would take no 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 Nettleden and Potten End Parish Council

Dave Newman and Councillor Dina Westenholz-Smith spoke in objection to the application.

Councillor Douris and David Groom spoke in support of the application.

It was proposed by Councillor Anderson and seconded by Councillor Hobson to DELEGATE with a view to APPROVAL.

Vote:

For:                 Against:                       Abstained:

4                      3                                  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 a Section 106 legal agreement securing a mitigation package to avoid any further significant effects on the Chilterns Beechwoods Special Area of Conservation.

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:

            2714 A    Proposed Plan 3-Bed Cottages Plots 4 and 5

2714.23 C    Proposed Site Layout

2714.25        Proposed Plans 2-Bed Cottages Plots 1, 2 and 3

2714.26 A    Proposed Elevations 2-Bed Cottages Plots 1, 2 and 3

2714.28 B    Proposed Elevations 3-Bed Cottages Plots 4 and 5

2714.29 B    Proposed Floor Plans New Cottages

2714.31        Proposes Street Scene Sketch

2714.REF A Refuse Collection Vehicle Tracking

            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 surfacing materials;

·        means of enclosure;

·        soft landscape works including a planting scheme with the  ...  view the full minutes text for item 5c

5d.

23/02172/FUL

Change of use of land to facilitate the construction of a residential access road

The Bungalow Farm, Venus Hill, Bovingdon, Hemel Hempstead, Hertfordshire, HP3 0PG

Councillor Walker declared that he is a Parish Councillor for Bovingdon so he confirmed that he would take no part in the discussion or voting.

The Case Officer, Nigel Gibbs introduced the report to Members and said that the application had been referred to the Committee due to the recommendation is contrary to the view of Bovingdon Parish Council.

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

P Stanley added that there needs to be clarification to condition 2 to ensure that the roadway also serves the yard immediately to the south of the dwelling house as shown on the submitted drawings.

Vote:

For:                 Against:                       Abstained:

5                          3                                  1

Resolved: That planning permission be GRANTED.

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 roadway hereby permitted shall only serve the dwellinghouse     subject to extant Planning Permission 20/00087/FUL and the yard     immediately to the south of the approved dwellinghouse as shown on       the submitted drawings.

            Reason: To safeguard the Green Belt in accordance with Policy CS5 of     Dacorum Core Strategy (2013) and Part 13 of the National Planning Policy   Framework (2013).

 3.        The surfacing of the roadway and turning area hereby permitted shall have a loading capacity of at least 12.5 tonnes and be surfaced in a brown gravel at all times.

            Reason: To ensure that the dwellinghouse is served by a safe fire/ emergency access at times and in the interests of the character of the area. in accordance with Policies CS8 and S12 of Dacorum Core Strategy (2013), Saved Policies 51 and 54 of Dacorum Borough Local Plan (2004) and the Part 9 (especially Paragraph 116) of the National Planning Policy Framework (2023).

 4.        Prior to the first use of the roadway hereby permitted, the existing hedging shall be cut back in accordance with Plan 22/0293/01 Rev E. Thereafter, the existing hedging shall be retained and maintained fully in accordance with Plan No. Plan 22/0293/01 Rev E.

            Reason:  In the interests of highway safety and the character and appearance of the area in accordance with Policies CS1, CS5, CS8 and CS12 of Dacorum Core Strategy (2013), saved Policies 51 and 54 of the Dacorum Borough Local Plan (2004) and Part 9 of the National Planning Policy Framework (2023).

 5.        Any exterior lighting installed to serve the development hereby permitted shall only be fully in accordance with details submitted to and approved by the local planning authority. Once installed the approved lighting  ...  view the full minutes text for item 5d