Agenda and minutes

Development Management
Thursday, 18th January, 2018 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Katie Mogan  Member Support

Items
No. Item

215.

Minutes

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

Minutes:

 

The minutes of the meeting held on 14 December 2017 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=1434 

 

216.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies of absence were received from Councillors Matthews and Whitman.

 

217.

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

218.

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

 

Please note 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 Guest reminded the members and the public about the rules regarding public participation.

The order of the agenda was changed to allow for those applications with public speaking to be heard first. The items are minuted in the order they were heard.

 

219.

4/02224/17/FUL - CONVERSION OF BOXMOOR HALL INTO 6 RESIDENTIAL UNITS - BOXMOOR HALL, ST JOHNS ROAD, HEMEL HEMPSTEAD, HP1 1JR pdf icon PDF 175 KB

Additional documents:

Minutes:

N Gibbs introduced the report and said it had been deferred at the last committee meeting to allow for further discussions with the applicant.

Mr Grainger-Carr spoke in objection to the application.

In her role as ward councillor, Councillor Marshall spoke in objection to the application.

Sally Isley and David Challinor spoke in support of the application.

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

Vote

For: 2               Against: 6                    Abstained: 3

Having there been no majority to grant the application, it was proposed by Councillor Birnie and seconded by Councillor Ritchie to overturn the recommendation and refuse the application.

For: 6               Against: 2                    Abstained: 3

Resolved

That planning permission be REFUSED due to the following reasons:

1)    The proposed conversion would represent an overdevelopment of the site, being served by insufficient curtilage parking, inadequate facilities for refuse collection and lack of amenity space with a resultant harm to the integrity, setting and distinctiveness of this important undesignated heritage asset. The proposal would therefore be contrary to Policies CS12 (Quality of Design) and CS27( Quality of the Historic Environment)  of the Dacorum Core Strategy.

 

 

2)    Boxmoor Hall is a lawful D1/ D2 use under the Use Classes Order . Policy CS23 of the Dacorum Core Strategy addresses the importance of the Borough’s Social Infrastructure. Part of this policy specifies that existing social infrastructure will be protected unless appropriate alternative provision is made, or satisfactory evidence is provided to prove the facility is no longer viable and the re-use of a building for an alternative social or community service or facility is preferred. The building has historically provided a community use and the local planning authority considers that the building should be retained to serve the community, the opportunity for which would be permanently lost through the proposed development.   The proposal would therefore be contrary to Policy CS23.

 

220.

4/02316/17/FUL - CONSTRUCTION OF A PAIR OF SEMI-DETACHED DWELLINGS - LAND ADJ TO 26 STATION ROAD, BERKHAMSTED, HP4 2EY pdf icon PDF 630 KB

Additional documents:

Minutes:

A Young introduced the report and said it had been referred to the committee due to the contrary views of Berkhamsted Town Council.

Adam Ralton and Neil Lawrence spoke in objection to the application.

Town Councillor Anthony Armytage spoke in objection to the application.

Duncan Gibson spoke in support of the application.

Having there been no proposer to grant the application, it was proposed by Councillor Bateman and seconded by Councillor Ritchie to overturn the recommendation and refuse the application.

Vote

For: 8               Against: 0                    Abstained: 3

Resolved

That planning permission be REFUSED due to the following reasons:

Due to the limited depth of the site; the significant change in levels, and the proximity of the site to the railway line, the Council is not satisfied that the proposed development can be satisfactorily accommodated on the site whilst ensuring a satisfactory level of amenity and living conditions for future occupiers as required by the NPPF. The proposal would therefore constitute an overdevelopment of the site contrary to the NPPF; Policy CS12 of the Dacorum Core Strategy September 2013 and advice and guidance in Saved Appendix 3 of the Dacorum Borough Local Plan 1991-2011.

 

221.

4/01256/17/FHA - FIRST FLOOR SIDE AND REAR EXTENSIONS, REPLACEMENT OF EXISTING ROOF STRUCTURE AND EXTERNAL REMODELLING - 2 HIGHCLERE DRIVE, HEMEL HEMPSTEAD, HP3 8BT pdf icon PDF 110 KB

Additional documents:

Minutes:

N Gibbs introduced the item to members and said it had been referred to the committee due to the contrary views of Nash Mills Parish Council.

Mark Stephens spoke in objection to the application.

Tim Hall spoke in support of the application.

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

Vote

For: 7               Against: 3                    Abstained: 1

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

Prior to the commencement of the development hereby permitted further bat surveys shall be carried out. Once carried out the survey details shall be submitted to the local planning authority in association with details any further identified necessary mitigation recommendations. The development shall be carried out fully in accordance with the approved details.

 

Reason: In the interests of biodiversity in accordance with Policies CS26 and CS29 of Dacorum Core Strategy

 

3

The roof area of the development hereby permitted shall not be used as a balcony, roof garden or similar amenity area without the grant of further specific permission from the local planning authority.

 

Reason: In the interests of the residential amenities of the adjacent dwellings in accordance with Policy CS12 of Dacorum Core Strategy.

 

4

Subject to the requirements of other conditions of this planning permission the development hereby permitted shall be carried out in accordance with the following approved plans:

 

1262.01.01

1262.01.02

1262.01.03

1262.01.04

1262.01.05

1262.P1.01B

1262.01.02C

1262.P1.03D

1262.P1.04C

1262.P1.05D

1262.P1.06C

 

 

Reason:  To safeguard and maintain the strategic policies of the local planning authority and for the avoidance of doubt.

 

NOTE 1: Article 35 Statement

 

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led to improvements to the scheme. 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) (Amendment No. 2) Order 2015.  

 

 

 

222.

4/02362/17/FUL - SUBDIVISION OF EXISTING DETACHED DWELLING INTO TWO SEMI-DETACHED DWELLINGS BY CONVERSION OF EXISTING GARAGE TO FORM A 1 BED DWELLING WITH AMENITY SPACE AND PARKING AND MINOR EXTERIOR ALTERATIONS - 24 NETTLEDEN ROAD NORTH, LITTLE GADDESDEN, BERKHAMSTED, HP4 1NU pdf icon PDF 218 KB

Additional documents:

Minutes:

E Palmer introduced the item and said it had been referred to committee due to the contrary views of Little Gaddesden Parish Council.

Shaun Andrews spoke in support of the application.

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

Vote

For: 10             Against: 0                    Abstained: 1

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

No development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted 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.  Materials should be kept on site and arrangements made with the planning officer for inspection.

 

Reason:  In the interests of the visual amenities of the Conservation Area and to comply with CS27.

 

3

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 and measures for their protection during construction works;

·        proposed finished levels or contours;

·        car parking layouts and other vehicle and pedestrian access and circulation areas;

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

               

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area and to comply with CS 12 and 27.

 

4

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995  (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, G and H]

Part 2 Classes [A, B and C].

 

Reason:  To enable the local planning authority to retain control over the development by nature of the size of the site and in the interests of safeguarding the residential and visual amenity of the locality and to comply with CS 12 and 27.

 

5

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

 

site location plan 2107.21  ...  view the full minutes text for item 222.

223.

4/02637/17/FHA - RAISED PATIO AREA AND SIDE ACCESS RAMP - 35 ROCKLIFFE AVENUE, KINGS LANGLEY, WD4 8DS pdf icon PDF 192 KB

Additional documents:

Minutes:

J Gardner introduced the item and said it had been referred to committee due to the contrary views of Kings Langley Parish Council.

Brenda Rands spoke in objection to the application.

In his role as ward councillor, Councillor Anderson spoke in objection to the application.

David Perez spoke in support of the application.

Members were concerned about the height of the fence and the potential for overlooking. They requested an additional condition that the height of the fence was extended to 1.8m from the patio.

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

Vote

For: 10             Against: 0                    Abstained: 1   

Resolved

That planning permission be GRANTED subject to the following conditions:

  1. Notwithstanding the details shown on Drw. No 4 Proposed Elevations Rev. G, the fence shown on the eastern boundary with no. 37 Rockliffe Avenue shall be constructed within 3 months of the date of approval and measure not less than 1.8 metres above the level of the existing access ramp and raised platform. The fence shall be retained in perpetuity at a height of not less than 1.8 metres above the level of the existing access ramp and raised platform unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interests of the residential amenity of the occupier(s) of no. 37 Rockliffe Avenue, in accordance with Policy CS12 of the Core Strategy.

 

  1. Notwithstanding the details shown on Drw. No 4 Proposed Elevations Rev. G, the fence shown on the eastern boundary with no. 37 Rockliffe Avenue shall be constructed within 3 months of the date of approval and measure not less than 1.8 metres above the level of the existing access ramp and raised platform. The fence shall be retained in perpetuity at a height of not less than 1.8 metres above the level of the existing access ramp and raised platform unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interests of the residential amenity of the occupier(s) of no. 37 Rockliffe Avenue, in accordance with Policy CS12 of the Core Strategy.

 

224.

4/02542/17/ADV - TWO POSTER PANEL DISPLAYS - ACORN PHARMACY, 256 HIGH STREET, BERKHAMSTED, HP4 1AQ pdf icon PDF 700 KB

Additional documents:

Minutes:

Councillor Guest declared an interest. She worked as a community pharmacist but not in Hertfordshire.

P Stanley introduced the item and said it had been referred to the committee due to the contrary views of Berkhamsted Town Council.

Jeremy Butterworth spoke in support of the application.

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

Vote

For: 8               Against: 0                    Abstained: 3

Resolved

That planning permission be GRANTED subject to the following conditions:

1. This consent is granted for a period of five years commencing on the date of this notice.

 

Reason:  To comply with the provisions of the Town and Country Planning (Control of Advertisements)  (England) Regulations 2007.

 

2. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements)  (England) Regulations 2007.

 

3. No advertisement shall be sited or displayed so as to: -

 

            (a)        endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

            (b)       obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

            (c)        hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

 

Reason:  To comply with the provisions of the Town and Country Planning (Control of Advertisements)  (England) Regulations 2007.

 

4. Any advertisement displayed, and any site used for the display of advertisement, shall be maintained in a condition that does not impair the visual amenity of the site.

 

Reason:  To comply with the provisions of the Town and Country Planning (Control of Advertisements) Regulations (England) 2007.

 

5. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

 

Reason:  To comply with the provisions of the Town and Country Planning (Control of Advertisements)  Regulations (England) 2007.

 

6. Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

 

Reason:  To comply with the provisions of the Town and Country Planning (Control of Advertisements)  Regulations (England) 2007.

 

225.

4/02855/17/FHA - SINGLE STOREY REAR EXTENSION, PORCH EXTENSION AND FRONT DRIVEWAY INCLUDING NEW CROSSOVER CONSTRUCTION - 14 CHAMBERSBURY LANE, HEMEL HEMPSTEAD, HP3 8AZ pdf icon PDF 734 KB

Additional documents:

Minutes:

P Stanley introduced the report to members. He said amended plans had been received which have minor changes therefore the plan numbers will need to change in the conditions.

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

Vote

For: 9               Against: 0                    Abstained: 2

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

Prior to the commencement of the use hereby permitted the proposed onsite car parking area shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use.

 

Reason: To ensure the permanent availability of the parking area, in the interests of highway safety.

 

 

3

The gradient of the vehicular access shall not exceed 1:10 for the first 5 metres into the site as measured from the near channel edge of the adjacent carriageway.

 

Reason: In the interests of the safety of persons using the access and users of the highway.

 

4

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

 

P-02 Rev B

P-03 Rev A

P-04 Rev A

 

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

 

 

Article 35

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) (Amendment No. 2) Order 2015.

 

INFORMATIVES

 

Contaminated Land

 

1. Historical maps show that the property is situated within the vicinity of a former mill. There exists the slight possibility that this activity may have affected the application site with potentially contaminated material. The developer is advised to keep a watching brief during ground works on the site for any potentially contaminated material. Should any such material be encountered, then the Council must be informed without delay, advised of the situation and an appropriate course of action agreed.

 

Highways Safety

 

2. The Highway Authority requires the alterations to or the construction of the vehicle crossovers to be undertaken such that the works are carried out to their specification and by a contractor who is authorised to work in the public highway. If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.), the applicant will be required to bear the cost of such removal or  ...  view the full minutes text for item 225.

226.

Appeals update pdf icon PDF 72 KB

Minutes:

The following appeals were noted:

  1. Lodged
  2. Forthcoming hearings
  3. Dismissed
  4. Allowed

 

227.

Planning Enforcement Quarterly Report pdf icon PDF 84 KB

Minutes:

P Stanley introduced the report to members. He said there are five new cases on the report and 6 have been closed since the last report to committee. In 2017, there were:

Total Notices: 27

Enforcement Notices: 16

Listed Building Enforcement Notices: 2

Stop Notices: 1

Temporary Stop Notices: 2

Breach of Condition Notices: 1

S.215 (untidy land) Notices: 4

 

 

228.

Proposed changes to the Development Management Committee pdf icon PDF 91 KB

Additional documents:

Minutes:

A Horner introduced the report to members. There have been some issues since moving to a 10.30pm cut off time and these changes, if approved, should allow the committee to get through all the business on the agenda.

Due to the time, members agreed to send their thoughts on the changes via email to A Horner and K Mogan for further consideration at the next meeting.