Agenda and minutes

Development Management
Thursday, 18th October, 2018 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Katie Mogan  Member Support

Items
No. Item

101.

Minutes

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

Minutes:

The minutes of the meeting held on 27 September 2018 will be available for signing at the next meeting.

 

102.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies of absence were received from Councillor Birnie and Councillor Whitman

 

103.

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.

 

104.

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.

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.

 

105.

4/01768/18/FUL - DEMOLITION OF GARAGES AND CONSTRUCTION OF 2 TWO BED DWELLINGS WITH OFF STREET PARKING - GARAGES ADJ. 8 CUPID GREEN LANE, HEMEL HEMPSTEAD, HP2 7HH pdf icon PDF 385 KB

Additional documents:

Minutes:

Robert Freeman introduced the item to members.

Dave Eaton and Mrs Claire Brookes spoke in objection to the application.

Richard Winfield spoke in support of the application.

The gape between the existing property and the proposed buildings is a concern as well as the parking issue in the area. Mr Eaton stated if the proposed build was to go ahead there would a significant impact to the value of his property.

It was proposed by Councillor Tindall and seconded by Councillor Fisher to defer the application

Vote

For: 2               Against: 7                    Abstained: 0

 

Having there been no majority to defer the application and due to a lack of proposer to grant the application in line with the officers recommendation It was proposed by Councillor C.Wyatt-Lowe and seconded by Councillor Riddick to refuse the application, contrary to the officer’s recommendation.

Vote

For: 9               Against: 0                    Abstained: 1

Resolved:

That planning permission be REFUSED for the following reasons;

The proposed development, by reason of its design and layout, would

result in an inappropriate form of development which would be harmful

to the amenity fof the area and adjacent property. As such the

proposals would be contrary to Poliicies CS12 of the Core Strategy and

saved Appendix 3 of the Dacorum Borough Local Plan 1991-2011

 

Article 35

Planning permission has been refused for this proposal for the clear reasons

set out in this decision notice. The Council officers acted pro-actively

recommending the approval of the application however this was not agreed

by members of the Development Management Committee. The Committee

have fundamental objections to the scheme which cannot be overcome

through dialogue. Since no solutions can be found the Council has complied

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.

 

 

106.

4/01807/18/TPO - T1 - Atlantic Blue Cedar - Fell to ground level. - 28 JUBILEE WALK, KINGS LANGLEY, WD4 8FF pdf icon PDF 185 KB

Additional documents:

Minutes:

Colin Lacart introduced the item to members.

Ward Councillor Alan Anderson spoke in objection to the application.

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

Vote

For: 5               Against: 0                    Abstained: 5

Resolved:

That planning permission be GRANTED subject to the following conditions:

1

The work hereby authorised shall be completed within two years of the date of the decision notice.

 

Reason: To ensure that any change in circumstances or in the condition of the tree is taken into account.

 

2

Only the following works are hereby authorised:

 

(a)        T1- Atlantic Blue Cedar - Fell to ground level

 

Reason:  For the avoidance of doubt as to the extent of the authorised works.

 

3

All work shall be carried out in accordance with B.S.3998:2010 "Tree Work  Recommendations".

 

 

Reason:  To ensure a satisfactory standard of tree work in accordance with the aims of Policy 99 of the Dacorum Borough Local Plan 1991 - 2011.

 

4

A replacement tree, as indicated on the application form,  shall be planted before the end of the first planting season following the felling of T1 - Blue Atlantic Cedar.

 

Reason:  In the interests of visual amenity set out in Policy CS12 of the Core Strategy (2013) and Saved Policy 99 of the Local Plan (2004).

 

107.

4/01809/18/FHA - NEW ENTRANCE GATE TO THE PLOT - THE OAK HOUSE, NETTLEDEN ROAD NORTH, LITTLE GADDESDEN, BERKHAMSTED, HP4 1PE pdf icon PDF 237 KB

Additional documents:

Minutes:

Sally Robbins introduced the item to members.

Parish Councillor Paul Kelly spoke in objection to the application.

Anthony Hayes spoke in support of the application.

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

Vote

For: 8               Against: 1                    Abstained: 1

Resolved:

That planning permission be GRANTED subject to the following conditions;

No

Condition

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

Vehicular visibility splays of 2.4m x 43m shall be provided, and thereafter maintained, in both directions from the access, within which there shall be no obstruction to visibility between a height of 0.6m and 2m above the carriageway.

 

Reason: In the interest of highway safety, in accordance with Core Strategy (2013) Policy CS8.

 

3

Pedestrian visibility splays of 2m x 2m shall be provided, and thereafter maintained, on both sides of the new vehicle crossovers, which will be restricted to a double width, ie as per Roads in Herts - Highway Design Guide 3rd ed guidance, within which there shall be no obstruction to visibility between 0.6m and 2m above the carriageway.

 

Reason: In the interest of highway safety, in accordance with Core Strategy (2013) Policy CS8.

 

4

Before the replacement dwelling approved under application reference 4/00489/18/FUL is occupied all on site vehicular areas shall be surfaced in a manner to the Local Planning Authority's approval so as to ensure satisfactory parking of vehicles outside highway limits. Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

 

Reason: In order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises, in accordance with Core Strategy (2013) Policy CS8.

 

5

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

 

17 515 PL30

17 515 PL31

 

Reason: For the avoidance of doubt and in the interests of proper planning, in accordance with Core Strategy (2013) Policy CS12.

 

Article 35

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

INFORMATIVES

 

1. Construction Hours of Working - (Plant & Machinery). In accordance with the councils 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.

 

2. The Highway Authority requires the alterations to or  ...  view the full minutes text for item 107.

108.

4/01728/18/ROC - VARIATION OF CONDITION 14 (APPROVED PLANS) OF PLANNING PERMISSION 4/00228/17/FUL (CONSTRUCTION OF 4 TWO/THREE BED DWELLINGS IN A TERRACED BLOCK WITH PARKING PROVISION FOR 7 CARS. ASSOCIATED LANDSCAPING) - LAND ADJ. DUNSFORD, CHAPEL CROFT, CHIPPERFIELD, WD4 pdf icon PDF 2 MB

Additional documents:

Minutes:

Andrew Parrish introduced the item to members.

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: 1                    Abstained: 1

Resolved:

That planning permission be GRANTED subject to the following conditions;

No

Condition

1

The development shall be carried out in accordance with the materials approved under application reference 4/02031/17/DRC.

 

Reason:  To ensure a satisfactory appearance to the development in the interests of the visual amenities of the Chipperfield Conservation Area and the setting of the adjacent listed building in accordance with saved Policies 119 and 120 of the Dacorum Borough Local Plan 1991-2011 and Policies CS12 and CS27 of the Dacorum Core Strategy September 2013.

 

2

The development shall be carried out in accordance with the design details approved under application reference 4/02031/17/DRC.

 

Reason:  To ensure a satisfactory appearance to the development in the interests of the visual amenities of the Chipperfield Conservation Area and the setting of the adjacent listed building in accordance with saved Policies 119 and 120 of the Dacorum Borough Local Plan 1991-2011 and Policies CS12 and CS27 of the Dacorum Core Strategy September 2013.

 

3

The development shall be carried out in accordance with the details of tree protection approved under application reference 4/02031/17/DRC. The trees / hedges indicated for protection shall be protected in accordance with the approved details for the whole period of site preparation and construction.

 

Reason:  In order to ensure that damage does not occur to the trees during building operations in the interests of the visual amenities of the street scene and the character and appearance of the Conservation Area in accordance with saved Policy 99 of the Dacorum Borough Local Plan 1991-2011 and Policy CS12 of the Dacorum Core Strategy September 2013. The details are required before the commencement of development to ensure that trees are not damaged during any stage of site preparation and construction.

 

4

 

The development shall be carried out in accordance with the submitted details of hard and soft landscape works (including reduction in fence height as indicated on Drg. No. 128 E), together with Landscape Proposal Schedule received 11/10/17, trade literature from Hydropave pedesta, photo and covering letter approved under application reference 4/02031/17/DRC. The approved landscape works shall be carried out prior to the first occupation of any of Plots 2, 3 or 4 of the development hereby permitted.

 

Any tree or shrub which forms part of the approved landscaping scheme which within a period of five years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by a tree or shrub of a species, size and maturity to be approved by the local planning authority.

 

                       

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with saved Policies 99 and 100 of the Dacorum Borough Local Plan 1991-2011 and  ...  view the full minutes text for item 108.

109.

4/01744/18/ROC - VARIATION OF CONDITION 2 (APPROVED PLANS) ATTACHED TO PLANNING PERMISSION 4/02079/17/FHA (NEW DETACHED DOUBLE GARAGE, GARAGE CONVERSION AND ALTERATIONS TO DWELLING) - 57 KINGS ROAD, BERKHAMSTED, HP4 3BP pdf icon PDF 794 KB

Additional documents:

Minutes:

Sally Robbins introduced the item to members.

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

Vote

For: 3               Against: 4                    Abstained: 3

Having there been no majority to grant the application 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: 3                    Abstained: 2

Resolved:

That planning permission be REFUSED for the following reasons;

The proposed alterations would harm the character and appearance of the area, contrary to Core Strategy (2013) Policy CS12.

 

110.

4/01924/18/FUL - 9 ADDITIONAL PARKING BAYS ON AMENITY GREEN - AMENITY GREEN, 128-150 SPRING LANE, HEMEL HEMPSTEAD pdf icon PDF 133 KB

Additional documents:

Minutes:

Councillor Guest declared an interest in this item because she lives in Spring lane and is the ward Councillor for this area, this did not affect her right to speak and vote on this item.

Colin Lecart introduced the item to members.

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

Vote

For: 7               Against: 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:

 

Location Plan

DBC/01/008 rev A

 

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

 

3

All Tree works shall be carried out in accordance with B.S.3998:2010 "Tree Work  Recommendations".

 

Reason:  To ensure a satisfactory standard of tree work in accordance with the aims of Policy 99 of the Dacorum Borough Local Plan 1991 - 2011.

 

Article 35 Statement

 

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. 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.

 

 

Informatives

 

1). Un-expected Contaminated Land Informative

Our contaminated land record shows that the land is located on a radon affected area where 1-3% of homes are above the action level. There is a possibility that this may have affected the application site with potentially contaminated material. Therefore, I recommend that the developer be advised to keep a watching brief during ground works on the site 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) Informative

In accordance with the councils 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 Dust Informative

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. The applicant is advised to consider the control of dust and emissions from construction and demolition Best Practice Guidance, produced in partnership by the Greater London  ...  view the full minutes text for item 110.

111.

4/01435/18/FUL - CONSTRUCTION OF A SITE FACILITIES HUT - THE CEMETERY, RECTORY LANE, BERKHAMSTED, HERTS pdf icon PDF 634 KB

Additional documents:

Minutes:

Briony Curtain introduced the item to members.

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

Vote

For: 8               Against: 0                    Abstained: 2

Resolved:

That the application be DELEGATED to the Group Manager, Development

Management and Planning, with a view to APPROVAL (subject to the expiry of

neighbour notification).  Subject to the following conditions;

 

No

Condition

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 constructed in accordance with the materials specified on the approved drawings

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policy CS12 Core Strategy 2013.

 

Reason:  In the interests of the visual amenities of the Conservation Area and locally Listed Building in accordance with Policy CS27 of the Core Strategy 2013.

 

3

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

 

038/001/PL

038/002/PL
038/100/PL
038/101/PL

038//103PL

038/104/PL

038/200/PL

038/201/PL

 

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

 

Article 35;

 

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. 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. 

 

ECOLOGY INFORMATIVE;

 

The applicants are advised that the site  represents a valuable local ecological resource which should be maintained in the appropriate manner to ensure its biodiversity interest is maintained'.  With this in mind the applicant is also advised that it would be helpful if the site was subject to a management plan to guide activities and ensure any biodiversity interest is retained.  

 

CONTAMINATION INFORMATIVE;   

 

Un-expected Contaminated Land Informative

Our contaminated land record shows that the land is located on a radon affected area where 1-3% of homes are above the action level as well as within a close proximity of a landmark historic land use i.e. cemetery or graveyard of low risk and former contaminated land use site i.e. Swan Brewery. There is a possibility that this may have affected the application site with potentially contaminated material. The developer is therefore advised to keep a watching brief during ground works on the site 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.      

 

 

 

 

112.

APPEALS UPDATE pdf icon PDF 81 KB

Minutes:

That the following appeals be noted:

  1. Lodged
  2. Withdrawn
  3. Forthcoming inquiries
  4. Dismissed

 

113.

PLANNING ENFORCEMENT QUARTERLY REPORT pdf icon PDF 85 KB

Minutes:

Members noted the report and Councillor Riddick congratulated officers on their work