Agenda and minutes

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

The minutes of the meeting held on 24 May 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=1724

To receive any apologies for absence

Apologies of absence were received from Councillors Clark, Fisher and 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.

Councillor Guest informed the meeting that the agenda had been reordered to allow for applications with speakers to be heard first. The items are minuted in the order they were heard.

I Keen introduced the item to members and advised that it had been referred to committee as a major application subject to a s.106 agreement.

Councillor Tindall asked if a condition could be implemented to secure the car park overnight.

Max Plotnek spoke in support of the application.

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

Vote

For: 4               Against: 4                    Abstained: 1

Due to there being a tie in the voting, the Chair’s casting vote was ‘for’ the officer’s recommendation.

Resolved:

That planning permission be DELEGATED to the Group Manager of Development Management and Planning 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 conditions set out below.

hat the following Heads of Terms for the planning obligation be agreed:

·         Financial contribution to address the immediate impacts of the proposed development on the local highway network to be agreed; and

·         To secure compliance with retail conditions that restrict the sale of clothing and footwear within Unit F.

And that the conditions listed below are imposed:

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

Margaret Newland spoke in objection to the application.

Clare and Michael Duffy spoke in support of the application.

In his role as ward councillor, Councillor D Collins spoke in support of the application.

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

Vote

For: 8                           Against: 0                    Abstained: 1

Resolved

That planning permission be GRANTED subject to the following conditions:

A Harman introduced the report to members and said it had been referred to the committee due a previous scheme being refused at the committee.

Timothy Blinko and David Luxford spoke in objection to the application.

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

Chris King spoke in support of the application.

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

Vote

For: 8               Against: 0                    Abstained: 1

Resolved

That planning permission be REFUSED due to the following reasons:

The proposed development by reason if its design would appear incongruous within the streetscene and unsympathetic to the Conservation Area and Listed Buildings contrary to Policies CS11, CS12 and CS27 of the Core Strategy.

The ground instability caused by excavation of basement in connection with the development would be harmful to the nearby Grade I listed building and the wall located to the rear of the site contrary to policy CS 27 of the Core Strategy and Saved Policy 119.

In addition there is considered to be potential for the contamination of the water supply to neighbours associated with the construction of the development and therefore contrary to Policy 32 of the Core Strategy.

The proposed development fails to provide a safe and satisfactory means of access for all users, including refuse and emergency services contrary to Policy CS 12 of the Core Strategy.

S Robbins introduced the report to members and said it had been referred to the committee due to the contrary views of Chipperfield Parish Council.

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

Vote

For: 5               Against: 2                    Abstained: 2

Resolved

That planning permission be GRANTED subject to the following conditions:

INFORMATIVES

1. Un-expected contaminated land. The application site lies within close proximity of a potentially contaminative former land use (garage). As such, the developer is advised to keep a watching brief during ground works 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.

2. Construction hours of working (plant & machinery). In accordance with the Council's adopted criteria, all noisy works associated with site demolition, site preparation and construction works shall be limited to the following hours: 0730hrs to 1830hrs on Monday to Saturdays, no works are permitted at any time on Sundays or Bank Holidays.

3. Construction/demolition dust. Dust from operations on the site should be minimised by spraying with water or by carrying out of other such works that may be necessary to suppress dust. Visual monitoring of dust is to be carried out continuously and Best Practical Means (BPM) should be used at all times.

4. Noise on construction/demolition sites informative. The attention  ...  view the full minutes text for item 24.

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

Kevin Wade spoke in support of the application.

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

Vote

For: 9               Against: 0                    Abstained: 0

Resolved

That planning permission be GRANTED subject to the following conditions:

I Keen introduced the report to members and said it had been referred to committee due to the contrary views of Kings Langley Parish Council.

Councillor Maddern left the chamber at 9.20pm and returned at 9.40pm so took no part in the discussion or voting of this item.

Ivan Mitev spoke in support of this application.

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

Vote

For: 3               Against: 3                    Abstained: 2

Due to there being a tie in the voting, the Chair’s casting vote was ‘for’ the officer’s recommendation.

Resolved

That planning permission be GRANTED subject to the following conditions:

B Curtain introduced the report to members and said it had been referred to the committee as a previous application for a similar development was refused at a previous meeting.

Tony Broadbent spoke in objection to the application.

Mark Mills spoke in support of the application.

It was proposed by Councillor Tindall to delegate approval to officers to seek amended plans on the placement of the bathroom windows. Having there been no seconder to agree this motion, it was proposed by Councillor Ritchie and seconded by Councillor Birnie to overturn the officer’s recommendation and refuse the application.

Vote

For: 6               Against: 0                    Abstained: 3   

Resolved

That planning permission be REFUSED due to the following reasons:

The proposal by reason of its size, scale, and site coverage would result in an overdevelopment of the limited site. The addition of the rear wing would reduce the amount of amenity space for future occupiers to an unacceptable level.  The development would therefore be contrary to policies CS11 and CS12 (g) of the Dacorum’s adopted Core Strategy, Counters End Character Area Appraisal (HCA 8), Saved Appendix 3 of the Dacorum Borough Local Plan, the NPPG and the NPPF.

Councillor Maddern left the meeting at 10.12pm

B Curtain introduced the item to members and said it had bene referred to committee due to the contrary views of Berkhamsted Town Council.

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

Vote

For: 5               Against: 0                    Abstained: 3

Resolved

That planning permission be REFUSED due to the following reasons:

The development by reason of its mass and bulk would result in an overdevelopment of the site which would have an adverse impact on the residential amenities of adjacent properties. Given the topography of the area, the addition of a second floor would lead to overlooking and a loss of light to surrounding dwellings. In addition, given its elevated position, the additional mass and bulk associated with the development would appear visually intrusive and overbearing. The proposal would be contrary to Policy CS11, and CS12 (c, f and g) of the Core Strategy.

B Curtain introduced the item to members and said it had been referred to committee as the applicant is a member of DBC staff.

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

Vote

For: 8               Against: 0                    Abstained: 0

Resolved

That planning permission be GRANTED subject to the following conditions:

B Curtain introduced the report to members and said it had been referred to committee due to the contrary views of Bovingdon Parish Council.

It was proposed by Councillor Whitman and seconded by Councillor Birnie to grant the application in line with the officer’s recommendation and amend condition five to permanently leave the fence.

Vote

For: 8               Against: 0                    Abstained: 0

Resolved

That planning permission be GRANTED subject to the following conditions:

The following appeals were noted:

1. Lodged
2. Forthcoming inquiries
3. Forthcoming hearings

Councillor Guest gave her thanks to Councillor Riddick for chairing the last DMC meeting in both the Chair’s and Vice Chair’s absence.