Agenda and draft minutes

Development Management
Thursday, 6th September, 2018 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support 

Items
No. Item

73.

Minutes

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

Minutes:

The minutes of the meeting held on 16 August 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=1728

 

74.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies of absence were received from Councillor Matthews and Councillor Tindall.

 

75.

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.

76.

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

5pm the day before the meeting.

 

You need to inform the council in advance if you wish to speak by contacting Member Support on Tel: 01442 228209 or by email: Member.support@dacorum.gov.uk

 

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.


Please note:
If an application is recommended for approval, only objectors can invoke public speaking and then supporters will have the right to reply. Applicants can only invoke speaking rights where the application recommended for refusal.

 

Minutes:

Councillor Guest reminded the members and the public about the rules regarding public participation.

 

77.

4/01821/18/FUL - TEMPORARY CHANGE OF USE OF LAND TO CAR PARK PROVIDING 90 SPACE INCLUDING 6 DISABLED SPACES TO DISCHARGE CONDITION 15i OF PLANNING PERMISSION 4/00122/16/MFA (CONSTRUCTION OF 8 HALF STOREY CAR PARK WITH ASSOCIATED WORK TO PROVIDE 312 SPACES AND 15 DISABLED SPACES) - THE MOOR, MILL STREET, BERKHAMSTED pdf icon PDF 374 KB

Additional documents:

Minutes:

R Marber introduced the item to members and said it had been referred to the committee as it was a DBC owned scheme. It was brought to members attention that the officer had received late representations from local residents and the Lead Local Flood Authority.

Rob Wakely and Pamela Stonebrook spoke in objection to the application.

Nigel Abbott spoke in support of the application.

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

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

Vote

For: 6               Against: 1                    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

After one year operation the use hereby permitted shall cease and any associated plant, materials and equipment shall be removed and any necessary works of reinstatement in accordance with the landscaping scheme approved within condition 6 shall be carried out.

 

The reinstatement works shall have been fully completed within 3 months post this one year period.

 

Reason:  The proposed use could be detrimental to the amenities of the locality and the local planning authority wishes to have the opportunity to review the development in the light of operational experience; in accordance with Saved Policies 73, 75, 116 and Saved Appendix 6 of the Local Plan (2004).

 

 

3

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

 

Tree Details – by site Mill Street parking info dated 08/05/2018

Temporary Car Park, Berkhamsted Transport Statement dated 16th July 2018

Planning, Design and Access Statement and Open Space Assessment August 2018

Built Heritage Appraisal July 2018

Cellpave Anchored Ground Reinforcement Paver Material Detailing

The Moor, Berkhamsted Flood Risk Appraisal Dated 24/08/18

Sequential Test and Exception Test August 2018

Arboricultural Report 180734-PD-11 rev. A dated August 2018

Bat Tree Inspection ref:A082119-1 31st August 2018

DBC/018/042

DBC/018/002 Rev A

 

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

 

4

No development shall take place above damp proof course level until details of the materials to be used in the construction of the post and rail with wire mesh 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. 

 

Reason:  In the interests of the visual amenities of the Conservation Area; in accordance with Policy CS27 of the Core Strategy (2013).

 

Materials Informative

 

Please do not send materials to the council offices.  Materials should be kept on site and arrangements made with the planning officer for inspection.

 

 

5

No development shall take  ...  view the full minutes text for item 77.

78.

4/01390/18/FUL - DEMOLITION OF EXISTING GARAGE AND SIDE/REAR EXTENSIONS AND CONSTRUCTION OF TWO-STOREY SIDE EXTENSION AND PART SINGLE, PART TWO-STOREY REAR EXTENSION; CONVERSION FROM SINGLE DWELLING INTO PAIR OF SEMI-DETACHED PROPERTIES (TOTAL 2 UNITS) - GREYMANTLE, HEMPSTEAD ROAD, BOVINGDON, HEMEL HEMPSTEAD, HP3 0HF pdf icon PDF 558 KB

Additional documents:

Minutes:

Councillor Riddick declared an interest in the application. He would be speaking in objection so took no part in the debate or voting of this item.

M Stickley introduced the item to members and said it had been referred to the committee due to the contrary views of Bovingdon Parish Council.

Caroline Armstrong spoke in objection to the application.

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

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 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:

  1. The siting of the unobscured first-floor bedroom window on the north-eastern elevation would result in an unreasonable level of overlooking and loss of privacy to the adjacent neighbour (Ivydene) to the detriment of their residential amenity, contrary to the aims of Policy CS12(c ) of the Dacorum Borough Core Strategy 2006-2031. It is considered that this unacceptable impact could not be mitigated by the use of obscure glazing, as this would result in the loss of an outlook for the occupants using this habitable room. This would result in unacceptably low levels of residential amenity.

 

  1. The existing access arrangement was designed and built for a single dwelling. It has an entry and exit arrangement that enables vehicles to enter and leave the site in forward gear. The applicant has failed to show that there is sufficient manoeuvring space for anything other than a small vehicle to safely and conveniently enter and exit the site. This is likely to result in vehicles reversing on to Hempstead Road. The proposal would therefore conflict with Policy CS12(a) of the Dacorum Borough Core Strategy 2006-2031, leading to an unacceptable level of highway danger.

 

79.

4/00335/18/FUL - PART DEMOLITION OF EXISTING SIDE EXTENSIONS AND CONSTRUCTION OF NEW 3-BED DETACHED DWELLING - 3 GAVESTON DRIVE, BERKHAMSTED, HP4 1JE pdf icon PDF 153 KB

Additional documents:

Minutes:

E Palmer introduced the item to members and said it had been referred to the committee due to the contrary views of Berkhamsted Town Council. If the committee was minded to grant the application then there would be some amendments to conditions 3, 4 and 7.

Edward Murray and Chris Reid spoke in objection to the application.

Town Councillor Anthony Armytage spoke in objection to the application.

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

Vote

For: 2               Against: 6                    Abstained: 1

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

Vote

For: 6               Against: 0                    Abstained: 3

Resolved:

That planning permission be REFUSED due to the following reasons:

  1. By reason of the siting of the proposed new dwelling the degree of separation between it and the existing dwellings at No.40 Trevelyan Way and No. 1 Gaveston Drive would be out of character with the existing open and spacious character of development in the area and would therefore be contrary to CS 11 and CS12 of the Dacorum Core Strategy 2013.

  2. By reason of the size of the site and the dwelling, particularly the lack of sufficient outdoor amenity space, the proosal would result in overdevelopment of the site and would be contrary to CS11 and 12.

 

  1. The depth of the amenity space provided for the proposed 3 bedroom dwelling is less than the minimum required of 11.5 metres and would therefore be contrary to Saved Local Plan Appendix 3.  The proposed development would, therefore, provide insufficient usable outdoor amenity space for the occupants of the proposed dwelling.  The lack of separation could also lead to overlooking of the dwelling and private garden area dwellings at No.40 Trevelyan Way to the detriment of the amenity of residents of that property.  The loss of vegetation which could take place as a result of the construction of the proposal could result in the adverse impact of the loss of amenity for both the adjacent neighbours to the site being further exacerbated and would therefore be contrary to CS 12.

 

80.

4/01315/18/FUL - DEMOLITION OF EXISTING KENNELS AND CONSTRUCTION OF A COURTYARD OF THREE DWELLINGS AND ASSOCIATED ACCESS, CAR PARKING AND LANDSCPAING - HAZEL CORNER DOG HOTEL, WINDMILL ROAD, MARKYATE, AL3 8LP pdf icon PDF 185 KB

Additional documents:

Minutes:

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

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:

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:

 

Planning Statement DLA Ref: 17/227 May 2018

473-100-D
473-101-E
473-102-C
473-103-A
473-105-B

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

 

3

No development shall take place above damp proof course level until 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;

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;

proposed finished levels or contours;

 

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; in accordance with Policy CS12 of the Core Strategy (2013).

 

4

All planting, seeding or turfing and soil preparation comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following first occupation of the building; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation. All landscape works shall be carried out in accordance with the guidance contained in British Standards unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure proper implementation of the agreed landscape details in the interest of the amenity value of the development; in accordance with Saved Policies 99 and 100 of the Local Plan (2004).

 

5

The existing dwelling shown on Drawing No. P0659/13/G dated 13.08.14 shall be demolished and the materials removed prior to the first occupation of the dwellings hereby permitted.

 

Reason:  This represents inappropriate development in the Green Belt and was allowed subject to a business tie. As the business will no longer exist this dwelling will need to be removed in order to safeguard and maintain the openness of the Green belt in accordance  ...  view the full minutes text for item 80.

81.

4/1280/18/FHA - ALTERATION OF FRONT FIRST FLOOR WINDOW INTO DOUBLE DOOR. BALCONY RAILINGS INSERTED TO CURRENT SLAB ABOVE ENTRANCE PILLARS - 17 HIGHCLERE DRIVE, HEMEL HEMPSTEAD, HP3 8BY pdf icon PDF 210 KB

Additional documents:

Minutes:

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

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: 1

Resolved:

That planning permission be GRANTED subject to the following conditions:

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

 

HDHH-506-P01

HDHH-507-P01

HDHH-508-P01

 

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

 

82.

4/01710/18/FHA - CONSTRUCTION OF GARDEN ROOM - 5 BELTON ROAD, BERKHAMSTED, HP4 1DW pdf icon PDF 97 KB

Additional documents:

Minutes:

This item was withdrawn from the agenda prior to the meeting.

 

83.

Appeals update pdf icon PDF 73 KB

Minutes:

That the following appeals be noted:

  1. Lodged
  2. Forthcoming inquiries
  3. Allowed