Agenda and minutes

Development Management - Thursday, 29th September, 2016 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Katie Mogan  Member Support

Items
No. Item

68.

Minutes

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

Minutes:

The minutes of the meeting held on 08 September 2016 were confirmed by the Members present and were then signed by the Chairman.

 

An addendum to the agenda was circulated before the meeting.  A copy of the addendum can be found on the DBC website on the following link:

 

https://democracy.dacorum.gov.uk/ieListDocuments.aspx?CId=159&MId=504

 

69.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies were received from Councillor Maddern, Matthews and Tindall.

 

Councillor P Hearn substituted on behalf of Councillor Maddern.

 

Councillor Bateman substituted on behalf of Councillor Matthews

70.

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
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 complete the pink interest sheet which will be made available at the meeting and then hand this to the Committee Clerk at the meeting

Minutes:

Councillor D Collins asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.

 

71.

Public Participation

An opportunity for members of the public to make statements or ask questions in accordance with the rules as to public participation.

 

Time per speaker

Total Time Available

How to let us know

When we need to know by

3 minutes

Where more than 1 person wishes to speak on a planning application, the shared time is increased from 3 minutes to 5 minutes.

In writing or by phone

Noon the day of the meeting

 

You need to inform the council in advance if you wish to speak by contacting Member Support on Tel: 01442 228221 or by email: Member.support@dacorum.gov.uk

 

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 Control 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 D Collins reminded the members and the public about the rules regarding public participation.

72.

4/00122/16/MFA - CAR PARK, LOWER KINGS ROAD, BERKHAMSTED, HP4 2AJ pdf icon PDF 2 MB

Additional documents:

Minutes:

Councillor D Collins and Councillor Ritchie made a statement before the start of the item – “I do not have an interest to declare but I would like to make it clear that I am the ward councillor for this application. I am also a member of Berkhamsted Town Council that supports the principle of a Multi-Storey Car Park in Berkhamsted. I have previously expressed my support to the principle of a Multi-Storey Car Park, however, I retain an open mind to the planning merits of this development and will make my decision based upon the evidence and debate that I hear tonight”

Councillor Bateman also declared that he was a ward councillor in Berkhamsted.

J Doe, Assistant Director for Planning, Development and Regeneration introduced the item and made the following statement:

There is pressure for public parking in Berkhamsted and limited opportunities as to where to site a new facility. Key to this is the Savell Bird Axon report of 2012 which provided background for the Council’s decision to pursue plans to develop the proposal that you now have before you tonight.

As the development control committee, and acting for the Council as Local Planning Authority, the role of the Committee is to determine the proposals as they stand.

There is a high level of objection to the scheme and views of residents and others are summarised in the report and the addendum report. Most of the objections relate to material planning considerations and Officers consider that they are addressed in the report, and indeed officers are on hand tonight to provide further advice and clarity if required.

Issues such as the use of Council funding to build the car park, its business case, whether there should have been further consultation on options, or further design reviews are not relevant to the deliberations of the Committee: as planning authority, you have to determine the proposals that are before you and the judgement is whether they are acceptable in planning terms.

The application is recommended for approval as your Officers consider that the planning balance weighs in favour of the scheme as submitted (subject to conditions).

The car park proposal is situated centrally to Berkhamsted Town Centre and Officers are satisfied that the location is appropriate and beneficial to its intended users.

Specifically, the location supports convenient use of the facilities in the High Street both in terms of the daytime and indeed night time economies of Berkhamsted Town centre.

Berkhamsted is a highly successful town centre in an age when many are suffering with under-occupancy and diversion of trade to out of centre locations and also online shopping. The evidence before you this evening shows that there is parking strain in Berkhamsted Town Centre, and if the town is to continue to thrive into the future it is important that those using it are able to park conveniently.

The Council’s own policy set out in the 2013 Core Strategy clearly sets out a vision for Berkhamsted as a sustainable  ...  view the full minutes text for item 72.

73.

4/01420/16/FUL - 85 BUCKWOOD ROAD, MARKYATE, ST ALBANS, AL3 8JE pdf icon PDF 119 KB

Additional documents:

Minutes:

E Palmer introduced the report and said it had been brought to the committee due to the contrary views of Markyate Parish Council.

Andrew Whiteley spoke in support of this application.

Parish Councillor Pilkinton spoke in objection to the application.

Julie Brasier spoke in objection to the application.

It was proposed by Councillor Clark and seconded by Councillor Fisher that the application be granted in line with the officer’s recommendation.

Vote

For: 6               Against: 1                    Abstained: 6

Resolved:

That planning permission be GRANTED subject to the following conditions:

1

The development hereby permitted shall be begun 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 materials to be used in the construction of the external surfaces of the development hereby permitted shall match in size, colour and texture those used on the existing building.

 

Reason:  To ensure a satisfactory appearance to the development and to comply with CS 11 and 12.

 

3

Prior to the first occupation of the development hereby permitted, the vehicular access shown on approved plan No. RULE/21607/PLANF shall be provided and thereafter retained. Arrangement shall be made for surface water drainage 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.

 

4

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending or re-enacting that Order with or without modification) no development falling within the following classes of the Order shall be carried out without the prior written approval of the local planning authority:

 

Schedule 2 Part 1 Classes A, B, C, D, E, F

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding the residential and visual amenity of the locality and to comply with CS11,12 and 24.

 

5

No development shall take place until details of the materials proposed to be used on the surfaces of the [roads/footpaths/driveways/courtyards etc, have been submitted to and approved in writing by the local planning authority.  The approved materials shall be used in the implementation of the development.

 

Reason:  To ensure a satisfactory development and to comply with CS 11 and 12.

 

 

6

No development shall take place until full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority.  These details shall include:

 

·        hard surfacing materials;

·        means of enclosure;

·        soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

·        trees to be retained  ...  view the full minutes text for item 73.

74.

4/01933/16/FUL - MERRICKS, 328 HIGH STREET, BERKHAMSTED, HP4 1HT pdf icon PDF 253 KB

Additional documents:

Minutes:

Councillor Ritchie declared a personal interest in this item as he knew the applicant on a personal basis. He reserved his right to speak but abstained from the vote.

N Gibbs introduced the report and said it been brought to committee due to a similar scheme previously being refused by the Development Control Committee.

Penny Ingram spoke in support of the application.

Toby Cotton spoke in objection to the application.

It was proposed by Councillor Birnie and seconded by Councillor Whitman to grant the application in line with the officer’s recommendation with “garage” omitted from condition 4.

Vote

For: 11            Against: 0                   Abstained: 2

Resolved:

That planning permission be GRANTED subject to the following conditions:                                                                                                                            

1

Before the first occupation of the dwelling house hereby permitted the following shall be provided and thereafter retained at all times:

 

1. A close boarded 2m high fence (as measured from the immediately adjoining ground level at no. 330 High Street ) along the whole length of common boundary between the northern corner of the garage and 4m beyond the rear elevation of the dwellinghouse hereby permitted as shown by Drawing Nos. 281 Revision A  and 282 Revision B.

 

2. The landing window within the western elevation fitted obscure glass with non opening windows/ fixed as shown by Drawing No. 282 Revision B, other than a top hung component above 1.6m finished floor level.  

 

3. The whole of the north western part of the rear bedroom no. 1 window fitted with obscure glass and non opening/ fixed as shown by Drawing Nos. 281 Revision A.

 

4. The ground floor shower room and first floor bathroom windows within the eastern elevation fitted with obscure glass with only a top hung opening at no lower than 1.6m above finished floor level.      

 

Reason: In the interests of residential amenity of the No.330 High Street, No. 326 High Street and the application site to accord with the requirements of Policy CS12 of  the Dacorum Core Strategy.

 

2

The development hereby permitted shall be carried out fully in accordance with the materials specified by Drawing No. 281 Revision B and all the windows and doors shown by this drawing  (other than the aluminium patio doors) shall be of stained timber and all rainwater gutters and downpipes shall be of black painted metal timber.

 

Reason: In the interests of the character and appearance of the Conservation Area to accord with the requirements of Policies CS10 ,CS12 and CS27 of the Dacorum Core Strategy and the saved Policy 120 of the Dacorum Borough Local Plan.

 

3

The dwelling house hereby permitted shall not be occupied until the vehicular access shown by Drawing No. 282 Revision A is provided onto St Johns Well Court and thereafter the access shall be retained at all times.  The access shall be of the same level as St Johns Well Court. Before the occupation of the dwelling house lockable bollards shall be installed within the access drive roadway between nos 328 and 330  ...  view the full minutes text for item 74.

75.

4/01198/16/FHA - 17 CHAPEL STREET, BERKHAMSTED, HP4 2EA pdf icon PDF 238 KB

Additional documents:

Minutes:

M Heron introduced the report and said it had been brought to committee due to the contrary views of Berkhamsted Town Council. M Heron said if members were mindful to grant the application, a material specification condition would be added.

Sean Stanley and Nick Williams spoke in support of the application.

It was proposed by Councillor Whitman and seconded by Councillor P Hearn to grant the application in line with the officer’s recommendation.

Vote

For: 13             Against: 0                    Abstained: 0

Resolved:

That planning permission be GRANTED subject to the following conditions:

1

The development hereby permitted shall be begun 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 not be carried out other than in accordance with the following approved plans/documents: 17CHAPEL/PA/002 Rev. 01 & 17CHAPEL/PA/003 Rev. 01 & 17CHAPEL/PA/004 Rev. 01 & 17CHAPEL/PA/005 Rev. 01 & 17CHAPEL/PA/006 Rev. 01 & 17CHAPEL/PA/007 Rev. 01 & 17CHAPEL/PA/008 Rev. 01 & 17CHAPEL/PA/014 Rev. 02 & 17CHAPEL/PA/015 Rev. 01 & 17CHAPEL/PA/016 Rev. 01 & 17CHAPEL/PA/017 Rev. 03 & 17CHAPEL/PA/018 Rev. 01.

Reason: For the avoidance of doubt, in the interests of proper planning and to ensure a satisfactory appearance to the development a in accordance with Policies CS11, CS12, CS25, CS27 of the Dacorum Core Strategy 2013 and Policy 120 of the Dacorum Local Plan 2004.

 

 

3

Prior to construction of the development hereby permitted full details of materials to be used for external surfaces, including brick bond, mortar mix, rainwater goods and joinery details and finish, must be submitted to and approved in writing by the Local Planning Authority. Subsequently, these works shall be carried out and retained in accordance with approved details.

Reason: For the avoidance of doubt, in the interests of proper planning and to ensure a satisfactory appearance to the development in accordance with Policies CS11, CS12, CS25, CS27 of the Dacorum Core Strategy 2013 and Policy 120 of the Dacorum Local Plan 2004.

 

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 (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.  

 

 

76.

4/01664/16/FUL - 31, 31A & 31B HIGH STREET, KINGS LANGLEY, WD4 8AB pdf icon PDF 409 KB

Additional documents:

Minutes:

M Stickley introduced the report and said it had been brought to committee due to objections from Councillor Alan Anderson and Kings Langley Parish Council.

Councillor Anderson in his role as Ward Councillor spoke in objection to this application

It was proposed by Councillor Ritchie and seconded by Councillor Fisher to grant the application in line with the officer’s recommendation.

Vote

For: 5               Against: 7                    Abstained: 1

Having there been no majority to grant this application in line with the officer’s recommendation, it was proposed by Councillor Birnie and seconded by Councillor Whitman  that the officer’s decision be overturned and the application be refused.

Vote

For: 8               Against: 4                    Abstained: 1

Resolved:

That planning permission be REFUSED due to the following reasons:

No on-site parking is proposed for the two new residential units. This would result in an increased demand for on-street parking both in terms of consistency and frequency. Kings Langley High Street is an area that suffers from an inadequate supply of on-street parking spaces. Increasing the number of vehicles parking on-street would have a negative impact on the surrounding road network and may lead to issues regarding congestion and highway safety, contrary to Core Strategy Policies CS8 and CS12 and saved policies 57, policy 58 and Appendix 5 of the Dacorum Borough Local Plan (1999-2011)

 

77.

4/01097/16/FUL - ISBISTER CENTRE, CHAULDEN HOUSE GARDENS, HEMEL HEMPSTEAD, HP1 2BW pdf icon PDF 308 KB

Additional documents:

Minutes:

R Marber introduced the report and said it had been brought to committee because Dacorum Borough Council own the land.

It was proposed by Councillor Whitman and seconded by Councillor Birnie to grant the application in line with the officer’s recommendation.

Vote

For: 13             Against: 0                    Abstained: 0

Resolved:

That planning permission be GRANTED subject to the following conditions:

1

The development hereby permitted shall be begun 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 use, hereby permitted, shall not commence until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected around the play area, details of any landscaping works to the proposed play area and details of bin storage facilities. The boundary treatment, landscaping and bin storage facilities shall be completed before the use hereby permitted is commenced and shall be implemented fully in accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development in order to safeguard the visual character of the immediate area and childrens' saftey; in accordance with policy CS12 of the Core Strategy (2013.)

 

3

The number of children using the nursery hereby approved shall be limited to 40 in total.

 

Reason:  In order to protect the amenities of adjoining occupiers, and to ensure adequate parking provision; in accordance with policies CS8 and CS12 of the Core Strategy (2013) and saved appendix 5 of the Local Plan (1991).

 

4

Prior to the commencement of the nursery hereby permitted an Interim Travel Plan shall be submitted, approved and signed off by the Local Planning Authority in consultation with the Highway Authority, such a Travel Plan shall accord with Hertfordshire County Council document 'Hertfordshire Green Travel Plan Guidance

 

Reason: To ensure that the development offers a wide range of travel choices to reduce the impact of travel and transport on the environment; in accordance with policies CS8 and CS12 of the Core Strategy (2013) and saved appendix 5 of the Local Plan (1991).

 

5

The premises shall only be operational as a nursery between 8am and 6pm on Mondays to Fridays and for no other use thereafter.

 

Reason:  In the interests of the amenities of the occupants of neighbouring dwellings, in accordance with policy CS12 of the Core Strategy (2013).         

 

6

 

 

 

 

7

The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

 

Floor Plan

Travel Plan

Site Location Plan

 

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

 

Prior to the commencement of the operation as a nursery hereby permitted a management plan which sets out what parking provision would be provided and maintained thereafter shall be submitted, approved and signed off  ...  view the full minutes text for item 77.

78.

4/01864/16/FUL - 41 MARLOWES, HEMEL HEMPSTEAD, HP1 1LD pdf icon PDF 437 KB

Additional documents:

Minutes:

M Heron introduced the item and said it had been brought to committee as the land was owned by Dacorum Borough Council.

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Whitman to grant the application in line with the officer’s recommendation.

Vote

For: 13             Against: 0                    Abstained: 0

Resolved:

That planning permission be GRANTED subject to the following conditions:

1

The development hereby permitted shall be begun 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: 210 Rev. A & 209 Rev. A & 208 Rev. A & 207 Rev. A & 206 Rev. B & 205 Rev. A & 112 Rev. C & 108 Rev. A & 001 & 002 & 003 & 004 & 005 & 006.

Reason: For the avoidance of doubt, in the interests of proper planning, to ensure a satisfactory appearance to the development and to ensure that the proposal is acceptable in terms of highway safety, in accordance with Policies CS8, CS11 and CS12 of the Dacorum Core Strategy 2013.

 

3

Prior to construction of external walls/finishes full details of materials to be used for external surfaces of the approved operational development must be submitted to and approved in writing by the Local Planning Authority. Subsequently, these works shall be carried out and retained in accordance with approved details.

 

Reason: To ensure a satisfactory appearance to the development in accordance with Policies CS11 and CS12 of the Dacorum Core Strategy 2013.

 

4

Prior to first occupation of the development hereby approved full details on a suitably scaled plan of both hard and soft landscape works must be submitted to and approved in writing by the Local Planning Authority. Subsequently, these works shall be in addition to those shown on the approved plans and shall be carried out and retained as approved.  The landscaping details to be submitted shall include:-

 

a) means of enclosure;

b) planting plans, including specifications of species, sizes, planting centres, planting method and number and percentage mix;

c) details for all external hard surface within the site, including roads and car parking areas;

Reason: The landscaping of this site is required in order to protect and enhance the existing visual character of the area and to reduce the visual and environmental impacts of the development hereby permitted in accordance with Policies 99 and 100 of the Dacorum Local Plan 2004.

 

 

5

All planting, seeding or turfing and soil preparation comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following first occupation of the building; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next  ...  view the full minutes text for item 78.

79.

Appeals pdf icon PDF 69 KB

Minutes:

That the following appeals be noted:

  1. Lodged
  2. Forthcoming inquiries
  3. Dismissed