Agenda and minutes

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

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 

To receive any apologies for absence

Apologies of absence were received from Councillors Matthews and Whitman.

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 Guest 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 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.

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.

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.

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.

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:

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:

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.

2. 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.

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:

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:

The following appeals were noted:

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

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

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.