Agenda and minutes

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

The minutes of the meeting held on 15 March 2018 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=1438

To receive any apologies for absence

Apologies of absence were received from Councillor C 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 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.

I Keen introduced the item to members and said it had been referred to committee as this was a major proposal affecting land which the Borough Council has an interest.

Councillor Matthews arrived at 7.10pm

Gill Worgan spoke in support of the application.

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

Vote

For: 10                         Against: 0                    Abstained: 0

Resolved

That planning permission be DELEGATED to the Group Manager, Development Management with a view to approval subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 and the expiry of the final notification.

That the following Heads of Terms for the planning obligation, or such other terms as the Committee may determine, be agreed:

Review to provide a comparison between the costs incurred by the College in delivering the proposed education building to an agreed specification and the funding sources identified in West Herts College's business plan, with the aim of identifying whether a surplus has been obtained.

In the event of a surplus being declared this shall be split between the College and the Council subject to a payment cap based on policy compliant affordable housing provision.

And subject to 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. Installation of the external surfaces of the development hereby permitted shall not take place until details of the materials to be used in the construction of the external surfaces of the building 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:  To ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

3. The development hereby permitted shall not be occupied 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;

·         boundary treatments including 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;

·         proposed finished levels or contours;

·         minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc);

·         proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc);

·         retained historic landscape features and proposals for restoration, where  ...  view the full minutes text for item 261.

I Keen introduced the item to members and said it had been referred to committee as this was a major proposal affecting land which the Borough Council has an interest.

Gill Worgan spoke in support of the application.

Councillor Birnie asked if a condition could be added to restrict the height of the building to seven storeys

It was proposed by Councillor Maddern and seconded by Councillor Riddick to grant the application in line with the officer’s recommendation and with the additional conditions regarding the height of the building.

Vote

For: 10                         Against: 0                    Abstained: 0

Resolved:

That planning permission be DELEGATED to the Group Manger, Development Management, with a view to approval subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 and the expiry of the final notification period.

That the following Heads of Terms for the planning obligation, or such other terms as the Committee may determine, be agreed:

Restriction that the developer of the residential scheme on the application site would not be permitted to implement the planning permission until such time that the College has entered into an irrevocable construction contract for the delivery of the education building under 4/00473/18/MFA.

And subject to the following conditions:

1. Approval of the details of the siting, scale, design and external appearance of the building and the layout and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced.

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

2. Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three 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.

3. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved.

Reason:  To prevent the accumulation of planning permission; to enable the Council to review the suitability of the development in the light of altered circumstances and to comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

4. Installation of the external surfaces of the development hereby permitted shall not take place until details of the materials to be used in the construction of the external surfaces of the building 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:  To ensure a satisfactory appearance to  ...  view the full minutes text for item 262.

N Gibbs introduced the report and said it had been referred to committee due to the contrary views of Aldbury Parish Council and Ward Councillor Stan Mills.

Annie Chambers, Joanna Stone and David Demmery spoke in objection to the application.

Parish Councillors Rob McCarthy and Joe Brady spoke in objection to the application.

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

Emmanuel Baumard and Glenn Ford spoke in support of the 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: 2                           Against: 8                    Abstained: 1

Having there been no majority to grant the application, it was proposed by Councillor Bateman and seconded by Councillor Maddern to overturn the officer’s recommendation and refuse the application.

Vote

For: 7                           Against: 1                    Abstained: 3

Resolved

That planning permission be REFUSED due to the following reasons:

The proposed outbuilding by virtue of its scale, bulk, height and site coverage would be overly prominent, out of keeping and detrimental to the pattern of development of adjacent properties and the surrounding area. As such the proposed development would fail to comply with Policies CS11(b), CS12 (f), and CS12 (g) (iii-vi) of the Dacorum Borough Core Strategy (September 2013).

Councillor Conway declared an interest in this item. She said she would not be taking part in the discussion of voting of this item.

S Robbins introduced the report to members and said it had been referred to committee as it had been called in by Councillor Conway.

In her role as ward councillor, Councillor Conway spoke in objection to this application.

It was proposed by Councillor Tindall and seconded by Councillor Fisher to defer this application to get clarification over the right of way.

Vote

For: 2                           Against: 6                    Abstained: 2

Having there been no majority to defer this application and having there been no proposer to grant the application in line with the officer’s recommendation, it was proposed by Councillor Birnie and seconded by Councillor P Hearn to refuse the application.

Vote

For: 6                           Against: 0                    Abstained: 4

Resolved

That planning permission be REFUSED due to the following reasons:

The proposed dropped kerb and crossover would be a significant road hazard due to the existing congestion and on-street parking situation on Albert Street making it difficult to manoeuvre safely into the site. As a consequence the proposed development would have a significant negative impact on road safety in the area contrary to Policy CS12(a) of the Dacorum Borough Core Strategy (September 2013).

S Robbins introduced the item to members and said it had been referred to committee as it is a Dacorum Borough Council scheme.

It was proposed by Councillor Matthews and seconded by Councillor Maddern 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:

R Marber introduced the item to members and said it had been referred to committee due to the contrary views of Chipperfield Parish Council.

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

Vote

For: 9               Abstained: 1                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.    The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

No.3 dated March 2018

No.2 dated March 2018

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

Article 35 Statement

1. 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.  

I Keen introduced the item to members and said it had been referred to the committee due to the contrary views of Berkhamsted Town Council.

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

Vote

For: 9                           Against: 1                    Abstained: 1

Resolved

That planning permission be GRANTED subject to the following conditions:

R Marber introduced the item to members and said it had been referred to the committee as councillor Sutton had called in the application.

It was proposed by Councillor Tindall and seconded by Councillor ~Maddern to grant the application in line with the officers’ recoemmndation.

Vote

For: 9               Aainst: 0                      Abstained: 2

Resolved

That planning permission be GRANTED subject to the following conditions:

The following appeals were noted:

1.    Lodged

2.    Dismissed

P Stanley introduced the report to members. He raised members’ attention to the prosecution at item 3. The defendants had failed to demolish their house and were convicted at Stevenage Magistrates Court. They have appealed this decision to the Crown Court so it is still ongoing.

Councillor Ritchie asked if P Stanley could confirm some of the dates in the report, some cases were 14 years old.

P Stanley said that enforcement can be a lengthy process. Some fail to comply even when they are prosecuted. On item 1, the site has been demolished but there is now fly tippng on the empty site.

Councillor Ritchie asked if this report lists just outstanding and concluding items or if this was the whole workload of the team.

P Stanley said this list showed details of formal action taken. The enforcement team receive 500 cases a year. P Stanley confirmed that resolved cases with formal action are removed from the list