Agenda and minutes

Development Management
Thursday, 8th November, 2018 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

114.

Minutes

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

Minutes:

 

The minutes of the meeting held on 27 September 2018 and 18 October were agreed by the members present and signed by the Chair.

 

115.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies of absence were received from Councillor Whitman

 

116.

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.

 

117.

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.

 

118.

4/01821/18/FUL - TEMPORARY CHANGE OF USE OF LAND TO CAR PARK PROVIDING 90 SPACES 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 + 15 DISABLED SPACES.) - THE MOOR, MILL STREET, BERKHAMSTED pdf icon PDF 309 KB

Additional documents:

Minutes:

Councillor Matthews declared a personal interest in the item as he knew one of the speakers.

R Marber introduced the item to members and advised it had been referred to committee as it was a council owned scheme and the design had been amended since previous approval on 6 September.

Members sought clarification that what they were deciding on was the access change and tree retention.

Jules Hollows spoke in objection to the application.

Nigel Abbott 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 Birnie and seconded by Councillor C Wyatt-Lowe to grant the application in line with the officer’s recommendation.

Vote

For: 9               Against: 0                    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:

 

DBC/018/002 Rev C Received 29/10/18

Planning, Design and Access Statement & Open Space Assessment October 2018

Bat Tree Inspection Report 31st August 2018

Arboricultural Report October 2018 180734-PD-11 rev. F

Air Quality Assessment October 2018

2200/1100/320

HST/1100/001 July 2011

HST/1100/021 July 2011

HST/1100/022 July 2011

Temporary Car Park, Berkhamsted Transport Statement dated 16th July 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

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

 

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

 

4

No pay and display machines shall be installed until details of the proposed scale of the pay and display machines shall have been submitted to and approved in writing by the local planning authority.

 

Works shall be carried out in accordance with these approved details.

               

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).

 

5

Prior to the first occupation or  ...  view the full minutes text for item 118.

119.

4/00147/18/FUL - DEMOLITION OF DETACHED DWELLING AND CONSTRUCTION OF FIVE FLATS WITH REPOSITIONED ACCESS AND PARKING - FAIRVIEW, HIGHFIELD LANE, HEMEL HEMPSTEAD, HP2 5JE pdf icon PDF 636 KB

Additional documents:

Minutes:

Councillor C Wyatt-Lowe declared a personal interest as she was married to the speaker. This did not affect her right to speak or vote.

A Parrish introduced the item to members and said it had been referred to the committee as it had been called in by Councillor W Wyatt-Lowe.

Jenna Selby spoke in objection to the application.

In his role as Ward Councillor, Councillor W Wyatt-Lowe spoke in objection to the application.

James Holmes spoke in support of the application.

It was proposed by Councillor Fisher to grant the application in line with the officer’s recommendation but fell due to a lack of seconder.

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Maddern to overturn the officer’s recommendation and refuse the application.

Vote

For: 9               Against: 0                    Abstained: 2

Resolved

That planning permission be REFUSED due to the following reasons:

  1. The proposed development, by reason of overdevelopment, design and layout, would be out of character with the wider area. The proposal is therefore contrary to Policy CS12 of the Dacorum Core Strategy September 2013 and guidance in the Area Based Character Assessment HCA23 - Adeyfield North.

 

  1. The proposed development, by reason of its height, scale, design and siting in relation to Rosebank, would result in an overbearing appearance, thereby harmful to the established amenities of the occupants of that property. The proposal is therefore contrary to Policy CS12 of the Dacorum Core Strategy September 2013.

 

120.

4/01517/18/FUL - DEMOLITION OF EXISTING DETACHED HOUSE AND CONSTRUCTION OF TWO 4 BED SEMI DETACHED HOUSES - 3 TRING ROAD, DUDSWELL, BERKHAMSTED, HP4 3SF pdf icon PDF 606 KB

Additional documents:

Minutes:

N Gibbs introduced the item to members and said it had been referred to the committee as it had been called in by Councillor Pringle.

In her role as Ward Councillor, Councillor Pringle spoke in objection to the application.

It was proposed by Councillor Maddern and seconded by Councillor C Wyatt-Lowe 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:

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

No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted based on the details of the materials specified by the approved drawings 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:  In the interests of the character and appearance of the area  and in the interests of sustainable drainage to accord with the requirements of Policies CS11, CS12 and CS29 of the Dacorum Core Strategy.

3

The dwelling houses hereby permitted shall not be occupied until all of the respective parking and turning areas are provided and thereafter maintained in perpetuity

 

Reason: To ensure the provision of adequate parking and turning for vehicles so as not to compromise highway safety in accordance with Dacorum Core Strategy Policies CS8 and CS12   and saved Dacorum Borough Local Plan Policies 51 and  54.

4

During the demolition of the bungalow and thereafter for the entire period of the carrying out of the development all the retained planting shall be protected by measures  in accordance with the requirements with the British 5837: 2012:Trees in relation to design, demolition and construction, with the measures only being removed only after the completion of the whole development.

 

Within 3 months of this decision and notwithstanding any of the submitted details, a comprehensive structural soft landscaping scheme shall be submitted to the local planning authority .  The submitted details soft landscape works shall include plans, written specifications (including cultivation and other operations associated with plant and grass establishment), schedules of trees and plants, noting species, plant sizes and proposed numbers/densities where appropriate, including a tree and bird and bat boxes in each rear garden which shall be thereafter retained at all times incorporating the specified Enhancements ( para 4.2) of the submitted Bat Survey .

 

Reason: In the interests of the character and appearance of the area and biodiversity in accordance with Policies CS12 and CS29 of Dacorum Core Strategy.

5

Any  ...  view the full minutes text for item 120.

120a

4/01446/18/FUL - TWO-STOREY REAR EXTENSION TO EXISTING DWELLING AND TWO-STOREY SIDE EXTENSION TO CREATE NEW DWELLING - 3 HILLSIDE COTTAGES, LEVERSTOCK GREEN ROAD, HEMEL HEMPSTEAD, HP3 8QB pdf icon PDF 1 MB

Additional documents:

Minutes:

M Stickley introduced the item to members and said it had been referred to committee as it had been called in by Councillor G Sutton.

Barry Peach and Sarah Cottingham spoke in objection to the application.

Kevin and Neil Harper spoke in support of the application.

Councillor Matthews asked for an additional condition to ensure the hardstanding was permeable.

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

Vote

For: 8               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

Construction of the dwelling hereby permitted shall not commence until the following details have been submitted and approved in writing by the local planning authority:

 

Materials to be used in the construction of the external surfaces of the building, including bricks, chimneys, roof tiles, rainwater goods;

Design details including brick bond, window heads, cills and eaves details which can be provided at a metric scale of 1:20;

Joinery work and finishes.

 

Development shall be carried out in accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the character and appearance of the building group in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 119 of the Dacorum Borough Local Plan 1991-2011.

 

3

The materials (bricks, roof tiles, rainwater goods) to be used in the construction of the external surfaces of the extension hereby permitted shall match in size, colour and texture those used on the existing building at No. 3 Hillside Cottages.

 

Design details of the building shall also match those of the existing building including brick bond, window heads, cills and eaves details.  New joinery work shall match the materials, dimensions and profiles of existing work within the existing dwelling.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the character and appearance of the building group in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 119 of the Dacorum Borough Local Plan 1991-2011.

 

4

No construction works (excluding groundworks) shall take place 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:

 

details for all external hard surfaces within the site, including roads, drainage detail and car parking areas;

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;

trees to be retained and  ...  view the full minutes text for item 120a

121.

4/02023/18/FUL - DEMOLITION OF EXISTING DWELLING. CONSTRUCTION OF 3 NEW DWELLINGS - 42 BEACONSFIELD ROAD, TRING, HP23 4DW pdf icon PDF 331 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 Tring Town Council. R Marber informed members that she had received a late representation from Herts Ecology who had requested a bat survery.

Ian Grainger spoke in objection to the application.

In his role as Ward Councillor, Councillor Mike Hicks spoke in objection to 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 Bateman and seconded by Councillor Conway to overtrun the officer’s recommendation and refuse the application.

Vote

For: 8               Against: 0                    Abstained: 3

Resolved

That planning permission be REFUSED due to the following reasons:

The three proposed units by virtue of the combined width and depth in relation to insufficient parking provision and proximity to the boundaries of the site would result in an unacceptable amount of bulk and mass across the site and a significant erosion of the spacious character of the area. The resultant site density would be in excess of other developments within the immediate area. As a result, the proposed dwellings would result in overdevelopment and would therefore fail to maintain or enhance the quality and character of the surrounding area. As such, the proposal would be contrary to Policies CS11 and CS12 of the Core Strategy (2013), NPPF (2018) and Tring Character Area  Appraisal (TCA2) (2004).

 

 

122.

4/02120/18/FUL - CONSTRUCTION OF AGRICULTURAL LIVESTOCK BUILDING - HORSEBLOCK FARM, HEATH END, BERKHAMSTED, HP4 3UF pdf icon PDF 245 KB

Additional documents:

Minutes:

R Marber introduced the item to members and said it had been referred to the committee due to the contrary view of Tring Town Council.

Members sought clarification from the farm owner as to why he needed this building.

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

Vote

For: 7               Against: 1                    Abstained: 3

Resolved

That planning permission be delegated with a view to approval subject to consultation responses from Hertfordshire Highways and Rights of Way Officer.

 

123.

4/00174/18/FUL - REMOVAL OF PLAY AREA AND INSTALLATION OF CAR PARK - GADEBRIDGE PARK CAR PARK, QUEENSWAY, HEMEL HEMPSTEAD, HP1 1HR pdf icon PDF 1 MB

Additional documents:

Minutes:

N Gibbs introduced the item to members and said it had been referred to the committee because the land is owned by DBC.

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

Vote

For: 8               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

Within 3 months of the date of this decision a soft landscaping scheme shall be submitted to the local planning authority. The submitted details shall include plans, written specifications (including cultivation and other operations associated with plant and grass establishment), schedules of trees and plants, noting species, plant sizes and proposed numbers/densities where appropriate. All the approved planting shall be carried out in the planting season following the first use of any of the new parking area hereby permitted.

 

Reason: In the interests of the character and appearance of the area and biodiversity in accordance with Policies CS5, CS12, CS26 and CS29 of Dacorum Core Strategy.

3

Any tree, hedge 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 another tree, shrub or section of hedge of the same species and size as that originally planted shall be planted at the same place in the next planting season, unless the local planning authority gives its written consent to any variation. For the purposes of this condition the planting season is between 1 October and 31 March.

 

Reason: To safeguard the local environment, in the interests of visual amenity and biodiversity in accordance with the requirements of Policies CS 5, CS12, CS26 and CS29 of the Dacorum Core Strategy.

4

The car park hereby permitted shall not be brought into use until a scheme for its exterior lighting in conjunction with improvements to the existing car park have been submitted to and approved in writing by the local planning authority.  The exterior lighting shall be installed and thereafter retained and maintained fully in accordance with approved details.

 

Reason: To safeguard the local environment in accordance with accord with the requirements of Policies CS12, CS26 , CS29 and CS32 of the Dacorum Core Strategy and Policy 113 and Appendix 8 of the saved Dacorum Borough Local Plan.

5

The car parking hereby permitted shall be served by a soakaway drainage system with no soakaways installed on contaminated land.

 

Reason: To ensure that the site is subject to an acceptable sustainable drainage system serving the development in accordance with Policy CS29 of Dacorum  ...  view the full minutes text for item 123.

124.

4/02138/18/FHA - SINGLE STOREY REAR EXTENSION - 21 BELMONT ROAD, HEMEL HEMPSTEAD, HP3 9NZ pdf icon PDF 160 KB

Additional documents:

Minutes:

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

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

Vote

For: 10             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 constructed in accordance with the materials specified on the approved drawings or such other materials as may be agreed in writing by the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development and to comply with CS 12.

3

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

 

CIL

21br1,2,3,4,5,6,7,8,9,10

 

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

 

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. 

 

125.

Appeals update pdf icon PDF 65 KB

Minutes:

The appeals were noted