Agenda and minutes

Development Management
Thursday, 24th May, 2018 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Katie Mogan  Member Support

Items
No. Item

1.

Election of a Chairman

Minutes:

The Committee was advised that the Chair and Vice Chair are both unavailable to attend the meeting and that the committee are therefore asked to appoint a Chair. 

 

It was proposed by Councillor Birnie and seconded by Councillor Ritchie that Councillor Riddick would chair the meeting. This was unanimously agreed.

 

2.

Minutes

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

Minutes:

The minutes of the meeting held on 12 April 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=1440

 

 

3.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies of absence were received from Councillors Guest & C Wyatt-Lowe.

Councillors Bassadone & Mills attended as substitutes.

 

 

4.

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 Riddick asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.  Cllr Riddick advised that as the Ward Councillor for application 5b and will be standing down as Chair for that item.

5.

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 Riddick advised the committee that there is a heavy agenda and a large number of speakers this evening, advising the meeting would close at 10.30pm with a break at approx. 9pm.  He addressed speakers to advise that no additional documents would be accepted as submitted to Members at the meeting.

 

6.

4/02152/17/MFA - CONSTRUCTION OF TWO NEW DWELLINGS. TRANSFER OF LAND TO THE WEST TO DACORUM BOROUGH COUNCIL FOR THE EXTENSION OF THE EXISTING RECREATION GROUND (AMENDED SCHEME) - LAND ADJACENT OKEFORD DRIVE, TRING, HP23 4EX pdf icon PDF 824 KB

Additional documents:

Minutes:

A Harman introduced the item to members and advised that the item had been referred to committee due to the contrary views of Tring Town Council.

In his role as ward councillor, Councillor Hicks spoke in objection of the application.

Karen Whitby and Angela Kellett spoke in objection to the application.

Duncan Gibson spoke in support of the application

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

Vote

For: 6               Against: 4                    Abstained: 1

Resolved

That the application be DELEGATED to the Group Manager, Development Management and Planning, following the expiry of the consultation period and no additional material considerations being raised, with a view to grant with 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:

 

3220/222 E

3220/221 D

3220 / 220 D

3220/225 D

 

 

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

 

3

The development hereby permitted shall be constructed in accordance with the materials specified on the approved drawings

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Adopted Core Strategy CS12

 

 

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 in the interests of safeguarding the residential and visual amenity of the locality in accordance with Adopted Core Strategy CS12

 

5

Prior to the commencement of the development hereby permitted a Phase I Report to assess the actual or potential contamination at the site shall be submitted to and approved in writing by the local planning authority. If actual or potential contamination and/or ground gas risks are identified further investigation shall be carried out and a Phase II report shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development. If the Phase II report establishes that remediation or protection measures are necessary a Remediation Statement shall be submitted to and approved in writing by the Local Planning Authority.

For the purposes of this condition:

 

A Phase I Report consists of a desk study, site walkover, conceptual model and a preliminary risk assessment. The desk study comprises a search of available information and historical  ...  view the full minutes text for item 6.

7.

4/03310/17/FUL - DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION OF TWO STOREY BLOCK OF SIX FLATS WITH ANCILLARY OFF ROAD PARKING AND LANDSCAPING WITH VEHICLE CROSSOVER - 35 GREEN LANE, BOVINGDON, HEMEL HEMPSTEAD, HP3 0JZ pdf icon PDF 270 KB

Additional documents:

Minutes:

Councillor Riddick declared that he would not be chairing or voting on this item and asked for a proposed member to stand in to Chair this item. 

It was proposed by Councillor Birnie and seconded by Councillor Ritchie that Councillor Whitman would chair this item.  The committee voted 8 in favour, 2 abstained from voting.

I Keen introduced the item to members and said it had been referred to the committee due to the contrary views of Bovingdon Parish Council and it had been called-in by Councillor Riddick.

Matt Briffa 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: 7                    Abstained: 1

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

Vote

For: 7               Against: 0                    Abstained: 3

Resolved

That planning permission be REFUSED for the following reasons:

1. By reason of the proposed flatted development and the number of units on the site, the proposal would significantly alter and therefore adversely affect the character of the semi-rural zone of Green Lane identified under the Bovingdon Urban Design Assessment (2006), resulting in harm that would be exacerbated by the proposed amount of parking.  The proposal would be contrary to Policies CS11 and CS12 of the Dacorum Core Strategy 2013.

2.The proposed development would provide insufficient off-street parking provision below the maximum standard under saved Appendix 5 of the Dacorum Borough Local Plan 1991-2011 which would be likely to lead to additional on-street parking which would place undue parking stress on the area, contrary to Policy CS12 of the Dacorum Core Strategy 2013.

 

 

 

8.

4/03324/17/FUL - CONSTRUCTION OF TWO PAIRS OF SEMI-DETACHED DWELLINGS (4 UNITS IN TOTAL) WITH SHARED DRIVEWAY - REAR OF 5 TRING ROAD, DUDSWELL, BERKHAMSTED, HP4 3SF pdf icon PDF 665 KB

Additional documents:

Minutes:

M Stickley introduced the item to members and said it had been referred to the committee at the request of the Assistant Director of Planning, Development and Regeneration.

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

MichelaCappozzi and Peter Hay spoke in objection of the application.

Parish Councillor Brian Shepherd spoke in support of the application.

Garvan Hanley and Brian Kelly spoke in support of the application.

Having there been no proposer or seconder for the officer’s recommendation, it was proposed by Councillor Whitman and seconded by Councillor Ritchie to overturn the officer’s recommendation and refuse the application.

Vote

For: 10             Against: 0                    Abstained: 1

Resolved

That planning permission be REFUSED for the following reasons:

1. The existing junction and highway layout in the vicinity of the site and particularly the proposed access point is complicated with multiple existing junctions some with limited visibility for drivers and poor alignment with Tring Road, the proposed addition of an extra access point serving four new dwellings would be unacceptable leading to the creation of highway danger.

 

2.  The length and width of access road to serve the proposed four new dwellings is not considered to be appropriate, with single passing place not sufficient to allow the safe passing of conflicting vehicles entering and leaving the site and is likely to result in vehicles reversing on to Tring Road to the detriment of highway safety.  Furthermore access and particularly turning for refuse and other large commercial vehicles would be inadequate if cars were parked outside allocated spaces which is likely to result in large commercial vehicles reversing on to Tring Road to the detriment of highway safety.

 

3. By reason of the proposed number of units on the site and its location in existing back gardens, the proposal would significantly alter and therefore adversely affect the character of the site and surrounding area identified in Residential Character Area BCA19: Northchurch (2004) harm to visual and residential amenity.  The proposal would be contrary to Policies CS11 and CS12 of the Dacorum Core Strategy 2013.

 

9.10pm The Chair took the meeting to a break, advising participants it would reconvene in 10 minutes.  9.20pm the meeting reconvened. 

 

The Chair addressed the committee and speakers to advise that due to the size of the agenda and number of speakers registered, it would not be possible to get through the full agenda tonight and for that reason the Chair apologised that the following items would be deferred;

 

            Item 5f             4/00580/18/FHA – 55 Egerton Road, Berkhamsted

            Item 5g            4/00534/18/FUL – R/O114-138 Piccotts End

            Item 5h            4/00595/18/MFA – Jarman Fields

            Item 5i             4/00524/18/FHA – Pentwyn, Chipperfield

            Item 5j             4/00560/18/FHA - 28 Osbourne Avenue, Kings Langley

 

9.

4/01679/17/MFA - ROOF EXTENSION, REFURBISHMENT AND REPAIR, USE OF BUILDING AS 9 FLATS (5 ONE-BED, 4 TWO-BED) COMMUNITY USE ON PART OF GROUND FLOOR AND RAMPED ACCESS, BIN STORAGE AREA AND PARKING (11 SPACES) - NASH HOUSE, DICKINSON SQUARE, HEMEL HEMPSTEAD, HP3 9GT pdf icon PDF 225 KB

Additional documents:

Minutes:

Councillor Maddern declared an interest on this item as she was the ward councillor and would be speaking in objection. She took no part in the discussion or voting of this item.

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

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

Parish Councillor Rosie Moubray spoke in objection to the application.

Simon Walford spoke in objection of the application.

Mike Lake spoke in support of the application.

It was proposed by Councillor Birnie and seconded by Councillor Whitman that the decision on this application be deferred for further consideration and discussion with developers. 

Vote

For: 2               Against: 5                    Abstained: 3

Proposal rejected.

Having there been no majority to defer this application, it was proposed by Councillor Bassadone and seconded by Councillor Mills to grant the application in line with the officer’s recommendation.

Vote

For: 6               Against: 3                    Abstained: 1

Resolved

That the application be DELEGATED to the Group Manager, Development Management with a view to approval subject to the expiry of the neighbour notification and 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 and completed fully in accordance with the specified conditions within 5 years of the date of this decision.

 

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 and once started there is a need to complete the development given the extenuating background circumstances.

 

2

No flat hereby permitted shall be occupied until the community use unit is provided fully in accordance with the approved drawings and thereafter the community use unit shall be permanently available for community use between 10.00 and 20.00 hours Mondays to Fridays and 10.00 and 16.00 hours on Saturdays and before the first use of the community unit hereby permitted a Management User Plan shall be submitted to the local planning authority confirming how it will be operated at all times.  The community use shall be operated fully in accordance with the approved Management Plan at all times.     

 

The community use unit shall be provided before its first use with an internal heritage display and external heritage signage for Nash House and thereafter at all times fully in accordance with details submitted to and approved in writing by local planning authority. 

 

Reason: To ensure that the community use is permanently provided at all times to accord with the expectations to the former Sappi site which is subject to Planning Permission 4/01382/09/MFA and Policies CS 23 and CS27 of Dacorum Core Strategy.

 

3

Notwithstanding any of the submitted details no development shall be carried out until a detailed schedule of all the external works and materials have been submitted to and  ...  view the full minutes text for item 9.

10.

4/02450/17/FUL - DEMOLITION OF EXISTING HOUSE. CONSTRUCTION OF 5 3-BED HOUSES AND A BLOCK OF 3 X 1 BEDROOM AND 1 X 2 BEDROOM FLATS, TOGETHER WITH ANCILLARY 14 BAY CAR PARKING. PRIVATE GARDEN AMENITY SPACES AND EXTERNAL BIN STORES - 143 BELSWAINS LANE, HEMEL HEMPSTEAD, HP3 9UZ pdf icon PDF 297 KB

Additional documents:

Minutes:

Councillor Maddern declared an interest on this item as she was the ward councillor and would be speaking in objection. She took no part in the discussion or voting of this item.

E Palmer introduced the item to members and said the item had been referred to the committee as Councillor Maddern had called it in.

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

Claire Cooke and Peter Hollingbery spoke in objection of the application.

Matt Briffa spoke in support of the application

Having there been no proposer or seconder to grant the application in line with the officer’s recommendation, it was proposed by Councillor Birnie and seconded by Councillor Bateman to refuse the application. 

Vote

For: 9               Against: 0                    Abstained: 1

Resolved

That planning permission be REFUSED for the following reasons

1. By reason of the proposed mix of terraced and flatted development and the combined number of units proposed on the site and resultant density of approximately 50 dwellings per hectare, the proposal would significantly alter and therefore adversely affect the character of this area identified under The Area Character Appraisal for HCA18: Belswains. The proposal would be contrary to Policies CS11 and CS12 of the Dacorum Core Strategy 2013.

2.  The proposed development would provide insufficient off street parking below the Council’s maximum standard which would be likely to lead to additional on street parking which would place undue parking stress on the area, contrary to Policy CS12 of the Dacorum Core Strategy 2013.

 

11.

4/00580/18/FHA - RAISING OF HIPPED ROOF TO GABLE. CONSTRUCTION OF FRONT AND REAR DORMERS AND LOFT CONVERSION (AMENDED SCHEME) - 55 EGERTON ROAD, BERKHAMSTED, HP4 1DU pdf icon PDF 474 KB

Additional documents:

Minutes:

This item was deferred to the next meeting.

 

12.

4/00534/18/FUL - DEMOLITION OF EXISTING GARAGE & WORKSHOP BUILDING AND CONSTRUCTION OF 1 NO. 3 BEDROOM DWELLING, DETACHED CAR PORT AND ASSOCIATED HARD AND SOFT LANDSCAPING - R/O 114-138 PICCOTTS END, HEMEL HEMPSTEAD, HP1 pdf icon PDF 569 KB

Additional documents:

Minutes:

This item was deferred to the next meeting.

 

13.

4/00595/18/MFA - CONSTRUCTION OF 5 RETAIL (CLASS A1) UNITS TOTALLING 10,730 SQM SLOORSPACE, AND ONE UNIT TOTALLING 186 SQM FOR USE AS FINANCIAL SERVICES OR CAFE/RESTAURANT (CLASS A2 OR CLASS A3) AND ASSOCIATED ACCESS, CAR PARKING, SERVICE YARD AND LANDSCAPING - JARMANS FIELDS, ST ALBANS ROAD, HEMEL HEMPSTEAD pdf icon PDF 567 KB

Additional documents:

Minutes:

This item was deferred to the next meeting.

 

14.

4/00524/17/FHA - TWO STOREY SIDE EXTENSION, SINGLE STOREY REAR EXTENSION AND DETACHED SINGLE STOREY GARAGE - PENTWYN, COURTAULDS, CHIPPERFIELD, KINGS LANGLEY, WD4 9JR pdf icon PDF 130 KB

Additional documents:

Minutes:

This item was deferred to the next meeting.

 

15.

4/00560/18/FHA - CONSTRUCTION OF TWO STOREY SIDE EXTENSION. EXTEND EXISTING LOFT CONVERSION ABOVE PROPOSED SIDE EXTENSION AND REPLACE EXISTING DORMER. INSTALLATION OF TWO VELUX WINDOWS TO FRONT FACING ROOF. EXTEND EXISTING SINGLE STOREY REAR EXTENSION TO THE SIDE. CONSTRUCTION OF OUTBUILDING TO REAR OF GARDEN - 28 OSBOURNE AVENUE, KINGS LANGLEY, WD4 8DB pdf icon PDF 733 KB

Additional documents:

Minutes:

This item was deferred to the next meeting.

 

16.

Appeals update pdf icon PDF 92 KB

Minutes:

The appeals were noted.